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CITY F MUSKE N
CITY COMMISSION MEETING
MAY 22, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION: Introduction of Mike Franza!<, Planner II
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Millionaire Party License. CITY CLERK
C. Official Termination of Consideration of Fisherman's Landing Land Swap
Proposal. FINANCE
D. FIRST READING: Ordinance Amendment - Control and Restraint of
Animals. CITY MANAGER
E. 2007-2008 Michigan Municipal League {MML) Membership. CITY
MANAGER
F. Use of Grant Funds Agreement - Weed & Seed. PUBLIC SAFETY
G. Memorandum of Understanding - Justice Assistance Grant. PUBLIC
SAFETY
H. Set Public Hearing for Amendment to Brownfield Plan - Sidock
Properties, LLC. PLANNING & ECONOMIC DEVELOPMENT
I. FIRST READING: Rezoning Request for Properties Located Within the H,
Heritage District. PLANNING & ECONOMIC DEVELOPMENT
J. FIRST READING: Amendment to the Zoning Ordinance - Remove H,
Heritage District Language. PLANNING & ECONOMIC DEVELOPMENT
K. FIRST READING: Amendment to the Zoning Ordinance - B-3, Central
Business, Special Land Uses Permitted. PLANNING & ECONOMIC
DEVELOPMENT
L. FIRST READING: Amendment to the Zoning Ordinance - R-1, One
Family Residential Districts, Special Land Uses Permitted. PLANNING &
ECONOMIC DEVELOPMENT
M. FIRST READING: Amendment to the Zoning Ordinance - B-3, Central
Business District. PLANNING & ECONOMIC DEVELOPMENT
N. FIRST READING: Amendment to the Zoning Ordinance - Permitted
Signs. PLANNING & ECONOMIC DEVELOPMENT
0. FIRST READING: Amendment to the Zoning Ordinance - Residential
Parking Requirements Downtown. PLANNING & ECONOMIC
DEVELOPMENT
• PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Re-Source
Industries. PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. FIRST READING: Ordinance Amendment - Vehicles for Hire. CITY CLERK
B. Building Permit Moratorium - Subsidized Housing. COMMISSIONERS
DA VIS & WIER EN GO
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish: PUBLIC SAFETY
500 Amity - Area 11
856 Fork - Area 11
318 Merrill - Area 10
790 Terrace
1178 Chestnut - Area 13
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the foffowing:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• 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, Ml 49440 OR BY CALLING (231) 724"6705 OR TOO:
(231) 724-4172.
Date: May 22, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the May ih
Commission Worksession, and the May 8th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 22, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 22,
2007.
Mayor Warmington opened the meeting with a prayer from Dr. Gordon Aikin,
from the Central Assembly of God after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Kevin Davis, Clara Shepherd, Lawrence Spataro, Sue Wierenga,
and Chris Carter, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker
INTRODUCTIONS/PRESENTATION: Introduction of Mike Franzak, Planner II
2007-41 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the May 7th Commission
Worksession, and the May 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
C. Official Termination of Consideration of Fisherman's Landing Land Swap
Proposal. FINANCE
SUMMARY OF REQUEST: Discussion of the Fisherman's Landing "land-swap" idea
has not been active for several years. However, formal action to terminate
consideration of the idea has not been taken and there is some indication that
state grant officials are uncertain of the City's direction in this regard. To clarify
matters for the state, it is recommended the City Commission officially terminate
consideration of the Fisherman's Landing land swap proposal and authorize staff
to send a letter to the Michigan Department of Natural Resources.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to send a letter to the Michigan
Department of Natural Resources.
F. Use of Grant Funds Agreement- Weed & Seed. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director to enter into a Use of Grant Funds Agreement
with the Muskegon/Muskegon Heights Weed and Seed Corporation. This
agreement will designate services that the Muskegon Police Department will
provide as a member of this collaborative effort. This agreement will be
administered within the provisions of the policies and procedures set forth by the
Weed and Seed Steering Committee and the United States Department of
Justice.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
G. Memorandum of Understanding - Justice Assistance Grant. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the 2006 Justice Assistance Grant. The money in this
grant is shared by the three entities. The $75,564 in this grant will allow for the
continuation of the community prosecution program.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
H. Set Public Hearing for Amendment to Brownfield Plan - Sidock
Properties, LLC. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Sidock Properties, LLC,
located at 379 W. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on May 15, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission. In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for June 12, 2007.
L. FIRST READING: Amendment to the Zoning Ordinance - R-1, One
Family Residential Districts, Special Land Uses Permitted. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 401 (Special Land Uses
Permitted) of Article IV (R-1, One Family Residential Districts) to allow bed and
breakfast facilities as an additional special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow bed and breakfast facilities as an additional special land
use in the R- l zoning district, with the condition that the City Commission
approve the rezoning of the H, Heritage District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May l 01h meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
M. FIRST READING: Amendment to the Zoning Ordinance - B-3, Central
Business District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1200 (Principal Uses
Permitted # l) of Article XII (B-3, Central Business District) to clarify allowed retail
sales.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to clarify the allowed retail uses in the B-3 zoning district, with the
condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10 th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
N. FIRST READING: Amendment to the Zoning Ordinance - Permitted
Signs. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #8) of Article
XXIII (General Provisions) to remove the reference to the Heritage District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the reference to the Heritage District from the sign
ordinance, with the condition that City Commission approves the H, Heritage
District rezoning.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May l 0th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read minus items B, D, E, I, J, K, and O.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2007-42 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Resolution for Millionaire Party License. CITY CLERK
SUMMARY OF REQUEST: Nutritional Services/Meals on Wheels is requesting a
resolution recognizing them as a non-profit organization operating in the City for
the purpose of obtaining a Millionaire Party license. A Millionaire Party license is
a Las Vegas style event where bets are placed using imitation money or chips in
games associated with a gambling casino, such as Black Jack, roulette, or Texas
Hold'em. They have been recognized as a 501 (c)(3) organization by the State.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMEDATION: Approval.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
resolution for a Millionaire Party License for Nutritional Services/Meals on Wheels.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
D. FIRST READING: Ordinance Amendment - Control and Restraint of
Animals. CITY MANAGER
SUMMARY OF REQUEST: To amend Section 6-1 of the Code of Ordinances of the
City of Muskegon to better define the requirement to restrain animals by their
owners. The amendment now requires that all dogs and cats are on a leash no
greater than six feet (6') in length.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed ordinance amendment.
COMMITTEE RECOMMENDATION: This proposed change was recommended at
the April, 2007 City Commission Worksession.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
ordinance amendment for control and restraint of animals.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
E. 2007-2008 Michigan Municipal League (MML) Membership. CITY
MANAGER
SUMMARY OF REQUEST: To obtain authorization from the City Commission to
remit MML annual membership dues of $9,634, in accordance with City of
Muskegon Purchasing Policies and Procedures governing expenditures
exceeding $8,000.
FINANCIAL IMPACT: MML Membership Dues $7,896
Environment Affairs Assessment $ 948
Legal Defense Fund $ 790
Total $9,634
BUDGET ACTION REQUIRED: None, expense will be applied to proper budget
line items.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
renewal membership with the Michigan Municipal League.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
0. FIRST READING: Amendment to the Zoning Ordinance - Residential
Parking Requirements Downtown. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2326 (Off Street Parking, # 12)
of Article XXIII (General Provisions) to reduce the residential parking requirement
in the Downtown Parking Overlay District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to reduce the residential parking requirement in the Downtown
Parking Overlay District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May l 0th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the amendment to the Zoning Ordinance regarding residential parking
requirements downtown.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
Spataro
Nays: Davis
MOTION PASSES
Requires Second Reading
I. FIRST READING: Rezoning Request for Properties Located Within the H,
Heritage District. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located within the
H, Heritage District (roughly bounded by Western Ave., Ninth St., Muskegon Ave.,
and Second St.).
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 May l Qth meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Item I, J and K were voted on together.
J. FIRST READING: Amendment to the Zoning Ordinance - Remove H,
Heritage District Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article XX (H, Heritage Districts) to
remove the language from the Zoning Ordinance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to remove the language for the H, Heritage Districts, with the
condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 10 th meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Item I, J and K were voted on together.
K. FIRST READING: Amendment to the Zoning Ordinance - B-3, Central
Business, Special Land Uses Permitted. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1202 (Special Land Uses
Permitted) of Article XII (B-3, Central Business District) to allow additional special
land uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow additional special land uses in the B-3 zoning district, with
the condition that the City Commission approve the rezoning of the H, Heritage
District.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their May 1Qth meeting. The vote was unanimous with
T. Michalski and T. Harryman absent.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the rezoning request for properties located within the H, Heritage District; the
amendment to the Zoning Ordinance lo remove H, Heritage District Language;
and the amendment to the Zoning Ordinance to the B-3, Central Business,
Special Land Uses Permitted.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2007-43 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - Re-Source
Industries. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Re-
Source Industries, 1485 S. Getty, has requested the issuance of an Industrial
Facilities Exemption Certificate for the property located at 1485 S. Getty,
Muskegon. The total capital investment is approximately $159,134 in personal
property. This request qualifies Re-Source Industries for a six-year exemption for
personal property. Re-Source Industries current workforce is 35.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public.
Motion by Commissioner Shepherd, second by Commissioner Spataro to close
the Public Hearing and approve the request for an Industrial Facilities Exemption
Certificate for Re-Source Industries.
ROLL VOTE: Ayes: Spataro, Warmington, Wierenga, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2007-44 NEW BUSINESS:
A. FIRST READING: Ordinance Amendment - Vehicles for Hire. CITY CLERK
SUMMARY OF REQUEST: To repeal Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: The Commission recommended approval at
the May 7th Worksession.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the ordinance amendment to repeal Chapter 102 of the Muskegon Code of
Ordinances concerning Vehicles for Hire.
Motion by Commissioner Spataro, second by Commissioner Shepherd to table
this item until the June 12 th Commission Meeting.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION TO TABLE PASSES
B. Building Permit Moratorium Subsidized Housing. COMMISSIONERS
DA VIS & WIERENGO
SUMMARY OF REQUEST: To consider a moratorium on building permits for
government-financed subsidized housing complexes in the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
Motion by Commissioner Davis, second by Commissioner Wierengo to approve
the moratorium.
ROLL VOTE: Ayes: Davis, Shepherd
Nays: Carter, Gawron, Spataro, Warmington, and Wierengo
MOTION FAILS
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish: PUBLIC SAFETY
500 Amity - Area 11 ~EMOVED ~ER STAfl"REQUl:ST
B56 Fork - Area 11
31 B Merrill - Area 10
790 Terrace
1178 Chestnut - Area 13
SUMMARY OR REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Shepherd, second by Commissioner Spataro to concur
with the Housing Board of Appeals notice and order to demolish 318 Merrill, 856
Fork, and 1178 Chestnut.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 790 Terrace.
ROLL VOTE: Ayes: Gawron, Spataro, and Warmington
Nays: Wierengo, Carter, Davis, and Shepherd
MOTION FAILS
D. Travel Writers Visit - Special Event Request. CITY MANAGER
SUMMARY OF REQUEST: Muskegon has been selected for a visit by travel writers
on June 9th • It is requested that they have an event at Pere Marquette Park and
they would like to serve alcohol (beer and wine), which is prohibited in City
parks unless approved by the City Commission.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the special event request.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Davis, Gawron, and
Shepherd
Nays: None
Absent: Carter (stepped out of the room)
MOTION PASSES
ANY OTHER BUSINESS:
Commissioner Shepherd thanked City Manager Bryon Mazade for his work on
the Muskegon Summer Celebration Board.
Commissioner Davis attended the West Michigan Shoreline Regional Meeting in
Baldwin. He also encouraged everyone to be an organ donor.
PUBLIC PARTICIPATION: Various comments were heard from the public.
2007-45 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Carter, second by Commissioner Spataro to go into
Closed Session at 7:32 p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Davis to go into
Open Session at 7:55 p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Vice Mayor Gawron to concur
with the City Attorney's opinion.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: May 22, 2007
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Official Termination of Consideration of Fisherman's Landing Land Swap
Proposal
SUMMARY OF REQUEST: Discussion of the Fisherman's Landing "land-swap"
idea has not been active for several years. However, formal action to terminate
consideration of the idea has not been taken and there is some indication that state
grant officials are uncertain of the City's direction in this regard. To clarify matters for
the state, it is recommended the City Commission officially terminate consideration of
the Fisherman's Landing land swap proposal and authorize staff to send the attached
letter to the Michigan Department of Natural Resources.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to send the attached letter to the
Michigan Department of Natural Resources
COMMITTEE RECOMMENDATION: None.
9/18/97
Affo:native Action
(231 )724-6703
FAX (23 1)722-1214
Assessor
(231 )724-6708
FAX (23 1)726-5181
Cemetery
(231)724-6783
FAX (23 1)726-5617
West Michigan's Shoreline City
City Manager www.shorellnaclty.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(23 l )724-6716
FAX (231)724-4405
Clerk
May 23, 2007
(231)724-6705
FAX (231)724-4178
Comm. & Neigh. Ms. Judy Chamberlain
Services Grant Analyst
(231)724-6717
FAX (231)726-2501 Michigan Department of Natural Resources
PO Box 30425
Engineering
(231 )724-6707 Lansing, Ml 48909-7925
FAX (231)727-6904
Finance
(231)724-6713 Re: Fisherman's Landing
FAX (231)724-6768
Fire Department
(231 )724-6792
FAX (231)724-6985
Dear Ms. Chamberlain:
Income Tax
(23 l )724-6770
FAX (231)724-6768
Several years ago the City entertained a development proposal that called for the conversion of use
Info. Technology
(231 )724-4126
of the City's Fisherman's Landing campground and recreational facility. I am writing to let you know
FAX (231)722-4301 that this concept is no longer being pursued and that the City Commission took official action to
terminate consideration of the conversion proposal at their meeting on May 22, 2007.
Inspection Services
(23 1)724-6715
FAX (231)728-4371 Earlier this year, the City entered into a seven-year management agreement with Fisherman's
Leisure Services Landing, Inc. for continued operation of the facility. It is the City's goal to see Fisherman's Landing
(23 l )724-6704 be developed further as a camping and recreational fishing facility uniquely situated in the center of
FAX (231)724-1196
Muskegon. We request and encourage the state's continued participation in helping achieve this
Mayor's Office goal.
(231)724-6701
FAX (231)722-1214
Thank you and should you have any questions please contact me at (231) 724-6724.
Planning/Zoning
(23 1)724-6702
FAX (23 1)724-6790
Regards,
Police Department
(231 )724-6750
FAX (231)722-5140
Public Works
(23 1)724-4100
FAX (231 )722-4188
Bryon L. Mazade
Treasurer City Manager
(231 )724-6720
FAX (231)724-6768
Water Billing Cc: City Commission
(231 )724-6718
FAX (231)724-6768 Fisherman's Landing, Inc.
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
! Page I of I
Subj: Fisherman's Landing
Date: 3/1/07 8:11:19 AM Eastern Standard Time
From: chambej1@michigan.gov
To: TroutManJack@aol.com
Sent from the Internet (Deta/ls)
Mr. Harrington,
I work with the Department of Natural Resources' federal Land and Water
Conservation Fund (LWCF} program. The LWCF is a federal grant program
through the National Park Service. This program provided a grant to the
City of Muskegon to develop Fisherman's Landing in 1976. I spoke with
Tom Hamilton at a recent conference we both attended regarding this
project. He sent me an article from the Muskegon Chronicle that states
the operation of the site will be done by Fisherman's Landing, Inc.
under a seven year agreement between the city and the organization.
Our office had been contacted a few years back regarding the possible
sale of the property to a developer. This would have resulted in what
we refer to as a conversion of use. When the city received the grant,
they agreed to keep the property in public outdoor recreation in
perpetuity.
In light of this agreement With Fisherman's Landing, Inc., has the city
dropped the proposed sale of the land? If so, how would I get a copy of
the agreement? Since there were federal funds used to develop this
site, we will also need to send the agreement to the National Park
Service for their review.
Thank you for your assistance. If you have any questions, please feel
free to contact me.
Judy Chamberlain
Grant Analyst
Grants Management
Michigan Department of Natural Resources
P.O. Box 30425
Lansing, Ml 48909-7925
(517) 373-9443
(517) 335-6813 fax
email: chambej1@michigan.gov
CITY COMMISSION MEETING
Tuesday, January May 22, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: May 14, 2007
SUBJECT: Use of Grant Funds Agreement-Weed & Seed
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director to
enter into a Use of Grant Funds Agreement with the Muskegon/Muskegon Heights Weed
and Seed Corporation. This agreement will designate services that the Muskegon Police
Department will provide as a member of this collaborative effort. This agreement will be
administered within the provisions of the policies and procedures set forth by the Weed
and Seed Steering Committee and the United States Department of Justice.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of this request.
USE OF GRANT FUNDS AGREEMENT
THIS AGREEMENT is made effective on the 1st day of August, 2006 between
MUSKEGON/MUSKEGON HEIGHTS OPERATION WEED AND SEED of Muskegon,
Michigan ("Weed & Seed") and THE MUSKEGON POLICE DEPARTMENT of 980
Jefferson Street, Muskegon, MI 49440 the Muskegon Heights Police Department, 2715 Baker St
Muskegon Heights, Michigan 49444 ("Police Departments").
Preliminary Statement
Weed & Seed is an organization, funded in majority by federal grants, whose
purpose is to improve the lives of the residents and business owners in a community by working
with local law enforcement to identify and correct problem areas in the community and to
provide assistance to residents through the implementation of social programs. Weed & Seed
has two target areas: one is located in Muskegon Heights and includes census tracts 12 and 13.
The second target area is located in Muskegon and includes census tracts 2,3,4,5,6.01,6.02 and 7.
("Communities"). Residents, businesses, and community-based organizations identified several
areas of concern in their neighborhoods. Foremost among these concerns are reducing loitering
and juvenile crime, reducing recidivism rates of offenders.
Based upon the priorities identified, Weed & Seed submitted a grant proposal
requesting federal funds to be used to assist the Police Department in addressing the law
enforcement concerns of the Community. Weed & Seed was awarded a grant in the amount of
Two Hundred Thousand Dollars ($200,000.) Weed & Seed has agreed to designate Ninety Seven
Thousand ($97,000) for the Weed component implemented by the Police Departments for Fiscal
Year 2006/07. This amount will be divided equality between Muskegon and Muskegon Heights.
The Police Departments and community proposed several initiatives geared toward addressing
the residents' concerns. They include Juvenile Crime, Recidivism, Increased Police Presence
(the "Initiatives"). The Weed & Seed grant monies will address the above initiatives and other
areas that fall within the Department of Justice guidelines for grant monies as determined by the
members of the Steering Committees. Weed & Seed and the Police Departments desire to
document the terms under which the proceeds shall be applied towards the implementation of the
Initiatives, in a manner that will comply with the federal restrictions on the use of grant proceeds.
Agreement
IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL
COVENANTS OF THE PARTIES, THE PARTIES AGREE AS FOLLOWS:
1. Monthly Report and Reimbursement from Grant Proceeds. During
each of the twelve (12) months following the execution of this Agreement the Police
Departments shall provide Weed & Seed with a monthly report summarizing the steps taken
towards accomplishing the Initiatives and detailing the costs incurred by the Police Departments
in pursuit of the Initiatives (the "Monthly Report"). Weed & Seed shall review the Monthly
Report and shall reimburse the Police Departments for all costs, which, in Weed & Seed's
discretion, are incurred in furtherance of the Initiatives as provided in this Agreement. All
reimbursements shall be made from the grant proceeds, up to Ninety Seven Thousand Dollars
($97,000) (the "Grant"). Weed & Seed shall make all reimbursement payments by check.
2. Police Departments Initiatives. The Police Department shall implement
the Initiatives as designated in the Official Recognition and subsequent applications for funding
to the Department of Justice.
3. Use of Grant. Use of the Grant monies shall be at the discretion of the
Police Departments and Weed & Seed towards the accomplishment of the Initiatives, within the
criteria established in this Agreement. The majority shall be used to bring officers into the
Community on an overtime basis working towards accomplishment of the Initiatives. The Grant
shall be expended by the Police Departments within the twelve (12) months following the date of
this Agreement. Any monies that will not be expended in the twelve (12) month period will
automatically revert to funds that are administered by Weed & Seed.
4. Restrictions on Source of Police Department Manpower. When
possible, officers regularly assigned to the Service Areas with Weed & Seed sites shall be used
for the overtime due to their familiarity with the area. Officers from other units such as Vice and
the Detective Unit, as well as from the entire Police Departments, may be used during
enforcement activities as deemed necessary by the Police Departments.
MUSKEGON/MUSKEGON HEIGHTS WEED
AND SEED CORPORATION
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Its.______________
MUSKEGON AND MUSKEGON HEIGHTS
POLICE DEPARTMENTS
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY COMMISSION MEETING
Tuesday May 22, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: May 14, 2007
SUBJECT: Memorandum of Understanding-Justice Assistance Grant
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the Director and
the City Manager to enter into an agreement with the City of Muskegon Heights and
Muskegon County in regards to the disbursement of the 2006 Justice Assistance Grant.
The money in this grant is shared by the three entities. The $75,564 in this grant will
allow for the continuation of the community prosecution program.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATIONS:
Approval of this request.
GMS Application Number: 2007-F2672-MI - DJ
2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
INTERLOCAL AGREEMENT BETWEEN
CITY OF MUSKEGON
AND
CITY OF MUSKEGON HEIGHTS
ANO
COUNTY OF MUSKEGON
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program, through the Office of Justice
Programs, has awarded Muskegon County, City of Muskegon and City of Muskegon Heights a joint
award in the amount of $75,564 to be utilized for law enforcement and justice initiatives targeting
specific geographic areas within the City of Muskegon and the City of Muskegon Heights,
Muskegon County, Michigan.
The Muskegon County Prosecutor's Office will submit an on-line application for the total joint award
for continuation of the community prosecution program entitled Project Cornerstone II. The
Muskegon County Prosecutor's Office will act as fiduciary for the coalition.
Interest/Intent Regarding JAG Award
I/we, the undersigned, hereby agree to direct our JAG allocation and be part of a coalition and
request that these funds be awarded and expended for our benefit by the fiscal agent listed below:
Muskegon County Prosecutor's Office
this Agreement is made and entered into this _ _ day of _ _ _ _~ 2007 by and
between the County of Muskegon, City of Muskegon, City of Muskegon Heights and Muskegon
County, Michigan.
For the City of Muskegon:
Tony Kleibecker, Chief of Police Bryon Mazade, City Manager
For the City of Muskegon Heights
Clifton Johnson, Chief of Police James Stibitz, Interim City Manager
For Muskegon County:
Tony Tague, Prosecuting Attorney James Derezinski, Chairman of the
Board
Commission Meeting Date: May 22 2007
Date: May 14, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ~
RE: Set Public Hearing for Amendment to Brownfield
Plan- Sidock Properties, LLC
SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Sidock Properties, LLC,
located at 379 W. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on May 15, 2007 and approved the Brownfield Plan Amendment and recommends
the approval of the Brownfield Plan Amendment to the Muskegon City Commission.
In addition, the Brownfield Redevelopment Authority recommends that the Muskegon
City Commission set a public hearing on the Plan Amendment for June 12, 2007.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2007-41 (h)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of
Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on
the 22nd day of May, 2007, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and
Carter.
ABSENT: None.
The following preamble and resolution were offered by Member Carter and
supported by Member Davis:
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include Sidock Properties,
LLC on the DMDC site, and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments
to the City Commission requesting its approval of the Brownfield Plan Amendments
and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield
Plan Amendments from the Authority and directs the City Clerk to send a copy of
the proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendments [after the public hearing described
below].
2. A public hearing is hereby called on the 12th of June, 2007 at 5:30
p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider
adoption by the City Commission of a resolution approving the Brownfield Plan
Amendments.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 20 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD
PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on June 12, 2007, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933
Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution
approving a Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Sidock Properties, LLC
379 W. Western Avenue
Muskegon, Michigan
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
~-'~~·•.
' '"\ . o
\"-l1'\,Js..\ . , \ l x/,
\,.2\'....v
Ann Marie Becker, City Clerk
5. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
AYES: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
NAYS: None
RESOLUTION DECLARED ADOPTED.
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on May 22, 2007, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
\).,}l'l----, )·--.......
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Ann Marie Becker, City Clerk
Commission Meeting Date: May 22, 2007
Date: May 11, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~c.__
RE: Amendment to the Zoning Ordinance - R-1, One Family
Residential Districts, Special Land Uses Permitted
SUMMARY OF REQUEST:
Request to amend Section 401 (Special Land Uses Permitted) of Article IV (R-1, One Family
Residential Districts) to allow bed and breakfast facilities as an additional special land use.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to allow bed and breakfast facilities as
an additional special land use in the R-1 zoning district, with the condition that the City
Commission approve the rezoning of the H, Heritage District.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/10 meeting. The
vote was unanimous with T. Michalski and T. Harryman absent.
5/11/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 10, 2007
Hearing; Case 2007-14: Staff initiated request to amend Section 401, (Special Land
Uses Permitted), Article IV, ( R-1, One Family Residential Districts) of the zoning
ordinance to add bed and breakfast facilities as a special land use (in the Clay-
Western and National Register historic districts) in an R-1 district, with conditions.
BACKGROUND
Similar to the previous case, the H, Heritage District, allows for bed and breakfast facilities
with a special land use permit. There are some already existing in thls area, and it seems to be a
good use to be located near our downtown. Short of allowing them in all R-1 zoning districts,
which could trigger a barrage ofrequests to Planning Commission, staff would recommend that
they be allowed only in the Clay-Western and National Register historic districts. The same
conditions presently imposed in the H district are recommended, except condition "a." was
added.
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
7. Bed & Breakfast facilities, under the following conditions:
a. The home must be located in the Clay-Western or National Register
Historic District, as identified by the City of Muskegon Historic District
Commission map.
b. The owner or operator of the tourist home shall live full-time on the
premises.
c. No structural additions or enlargements shall be made to accommodate
the tourist home use and no exterior alterations to the structure shall be
made which will change the residential appearance of the structure.
d. Breakfast may be served on the premises, only for guests of the facility,
and no other meals shall be provided to guests.
e. No long-term rental of rooms for more than fourteen (14) consecutive
2
days shall be permitted. No guest may stay for more than twenty-eight
(28) nights in any given year.
f. There shall be a maximum of five (5) guestrooms. No more than two (2)
adults are permitted to stay in any guestroom.
g. Siguage shall conform to that which is permitted for home occupation
businesses only.
h. Rental of the tourist home for special gatherings such as wedding
receptions and parties shall be prohibited.
i. The property shall meet all local and state code requirements regarding
bed and breakfast facilities.
DELIBERATION
I move that the amendment to Section 401, (Special Land Uses Permitted), of Article IV, R-1,
One Family Residential Districts, of the City of Muskegon Zoning Ordinance to allow bed and
breakfast facilities under certain conditions, be recommended to the City Commission for
(approval/denial).
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 219
An ordinance to amend Section 401 (Special Land Uses Permitted) of Article IV (R-1 1
One Family Residential Districts), to allow bed and breakfast facilities as an additional
special land use.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 401 (Special Land Uses Permitted) of Article IV (R-1, One Family Residential
Districts) is amended to allow bed and breakfast facilities as an additional special land use, as
follows:
7. Bed & Breakfast facilities, under the following conditions:
a. The home must be located in the Clay-Western or National Register
Historic District, as identified by the City of Muskegon Historic District
Commission map.
b. The owner or operator of the tourist home shall live full-time on the
premises.
c. No structural additions or enlargements shall be made to accommodate
the tourist home use and no exterior alterations to the structure shall be
made which will change the residential appearance of the structure.
d. Breakfast may be served on the premises, only for guests of the facility,
and no other meals shall be provided to guests.
e. No long-term rental of rooms for more than fourteen (14) consecutive
days shall be permitted. No guest may stay for more than twenty-eight
(28) nights in any given year.
f. There shall be a maximum of five (5) guestrooms. No more than two (2)
adults are permitted to stay in any guestroom.
g. Signage shall conform to that which is permitted for home occupation
businesses only.
h. Rental of the tourist home for special gatherings such as wedding
receptions and parties shall be prohibited.
i. The property shall meet all local and state code requirements regarding
bed and breakfast facilities.
This ordinance adopted:
Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
Nayes: None
Adoption Date:_ _ _M_a~y.___2_2..;...,_2_0_0_7_ _ _ _ _ _ _ _ __
Effective Date: June 9, 2007
----'-------'--- -----------
First Reading: _ ___M_a_.y..._2_2.,_,_2_0~0_7_ _ _ _ _ _ _ _ __
Second Reading:___N~/_A_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~ "\~!_\~'--l ~J~
Ann Marie Becker, MMC, City Clerk
Commission Meeting Date: May 22, 2007 - Zoning Ordinance Amendment- R-1 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
22nd day of May, 2007, 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: _ _ M_a---=y_2_2_ _ _, 2007. ~ \~\A_L b \ ( ·c~
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 May 22, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 401 (Special Land Uses Permitted) of Article IV (R-1, One Family
Residential Districts) adding language to allow bed and breakfast facilities as an additional special
land use in the R-1, One Family Residential Districts.
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 IZZCJJI 30 ,2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Beck~r, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
AccountNo.101-80400-5354
7
Commission Meeting Date: May 22, 2007
Date: May 11, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,13 (_
RE: Amendment to the Zoning Ordinance - B -3, Central
Business District
SUMMARY OF REQUEST:
Request to amend Section 1200 (Principal Uses Permitted #1) of Article XII (B-3, Central
Business District) to clarify allowed retail sales.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to clarify the allowed retail uses in the
B-3 zoning district, with the condition that the City Commission approve the rezoning of the H,
Heritage District.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/10 meeting. The
vote was unanimous with T. Michalski and T. Hanyman absent.
5/11/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 10, 2007
Hearing; Case 2007-15: Staff initiated request to amend Section 1200, (Principal Uses
Permitted #1), of Article XII, (B-3. Central Business District), of the zoning ordinance
to clarify allowed retail sales.
BACKGROUND
A question was raised to staff as to whether the sale of"merchandise" included "commodities".
Since other sections of the ordinance (B-1, ad B-2), call out "commodities", staff felt it might be
prudent to clarify the B-3 language so the intent of this section of the ordinance is clear, and
make the language more consistent with other Business zonings. The intent of the B-3 district is
"to create a shopping, living, cultural, governmental, office, heritage and institutional focal point
for the City of Muskegon and Muskegon area".
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
1. Retail sales of new merchandise and commodities, provided that all sales are made
from a completely enclosed building except that this section shall not prohibit the sales
of antique collector items, this section shall prohibit the operation of a store whose
primary sales are previously used products, except as fiuther regulated.
DELIBERATION
I move that the amendment to Section 1200 (Principal Uses Permitted, #1), of Article XII, B-3,
Central Business District, of the City of Muskegon Zoning Ordinance, be recommended to the
City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 2 O
An ordinance to amend Section 1200 (Principal Uses Permitted, #1) of Article XII {B-3,
Central Business District), to clarify allowed retail sales.
THE CITY COlvfMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1200 (Principal Uses Permitted, #1) of Article XII (B-3, Central Business District) is
amended to clarify allowed retail sales, as follows:
1. Retail sales of new merchandise and commodities, provided that all sales are made
from a completely enclosed building except that this section shall not prohibit the sales
of antique collector items, this section shall prohibit the operation of a store whose
primary sales are previously used products, except as further regulated.
This ordinance adopted:
Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
Nayes: None
Adoption Date:_ _____M_a_,.y_ 2_2-','--2_0_0_7_ _ _ _ _ __
Effective Date:.______J=--u=--n=-e-=--=-9.,_,---=-2-=-0-=-0....:...7_ _ __ _ __
First Reading:. _ _ _ __ _Mc...;.a:..:.y---=2=--=2=--='---=2=-0'-'0=-7;___ _ _ _ __
Second Reading: _ _ _ _ _N--'--/---"-A-=-------- -- - - - - - - -
CITY OF MUSKEGON
By:~--.'vA~ f \ t,
0
~ C1!-ik
Ann Marie Becker, MMC, City Clerk
Commission Meeting Date: May 22, 2007 - Zoning Ordinance Amendment - B-3 clarification
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of May, 2007, 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: _ __M_a=-y_2_2_ _ _,, 2007. ~~!\~~ ~~J\A
_~ · J..'----'½="'u~ Y...,..c"--".
,..._
Ann Marie Becker, MMC, Cityclerk
CERTIFICATE (City Commission Date: May 22, 2007 Rezoning of H, Heritage District)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of May, 2007, 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: _ _M~a~y--=2-=2_ _ _ , 2007.
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (l 0) days of final adoption.
Proposed Elimination of H District
D Existing H, Heritage
Text street
• Parcel
Hgone.shp
D R-1 , Slngle-Famlly Residential
!!!:I RT, Two-Family Residential
D RM-1 , Low Density Multlple•Famlly Residential
~ RM-2, Medium Density MuJtlple-Famlly Residential
- RM-3, High Density Mulllple-Famlly Resldentlal
c:J PUDOVertay
D MC, Medical Care
D B-1, LlmHed Business
!1!11 B-2. convenience & Comparison Business
D B-3, Central Business
& B-41General Business
~ B-5, Governmental SerAces
D 1-1, Light Industrial
D 1-2, General Industrial
c:J WI-PUD, Waterfront Industrial Planned Unit Development
- OSC, Open Space ConservaUon
- OSR, Open Space Recreation
ail LR, Lakelront Recreation
D WM , Waterfront Marine
c:J H, Herttage
N
w E
s
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 22, 2007, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to change the zoning of the following described properties as
follows:
All properties roughly bounded by Western Ave., 9th St., Muskegon Ave., and Second St., as
described below:
All properties located within the Revised Plat of 1903 of the City of Muskegon to be rezoned from H,
Heritage District to R-1, One Family Residential District:
❖ Block314,Lots7-10
❖ Block 315, Lots 11 & 12, and the NE½ Lot 10
❖ Block 322, Lots 1 and Lots 9-12
❖ Block 323, Lots 1-5 and Lots 7-12
❖ Block 324, Lots 1-12
❖ Block 325, Lots 7-9
❖ Block 336, Lots 1-12
❖ Block 337, Lots 1-12
❖ Block 338, Lots 1-12
All properties located within the Revised Plat of 1903 of the City of Muskegon to be rezoned from H,
Heritage District to B-3, Central Business District:
•!• Block 314, Lots 1-6, and Lots 11 & 12.
•!• Block 315 Lots 1-9, and SW½ of Lot 10
•!• Block 316, Lots 1-18
•!• Block 317, Lots 1-14
•!• Block 318, NE½ Lot 1
•!• Block 322, Lot 2
•!• Block 323, Lot 6
•!• Block 325, Lots 1-6 and Lots 10-12
•!• Block 326, All lots
•!• Block 327, All lots
•!• Block 334, Lots 1-12
•!• Block 335, All lots
•!• Block 568, All lots
•!• Block 570, All lots
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.
I
This ordinance amendment is effective ten days from the date of this publication.
Published //lac7 I/ 30 , 2001 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
Its Clerk
---------------------------·----- --------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
O:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2007 Approvals\Case 2007-11 H District.doc
6
Commission Meeting Date: May 22, 2007
Date: May 11, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Ulo(.
RE: Amendment to the Zoning Ordinance - Remove H, Heritage
District Language
SUMMARY OF REQUEST:
Request to amend Article XX (H, Heritage Districts) to remove the language from the Zoning
Ordinance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to remove the language for the H,
Heritage Districts, with the condition that the City Commission approve the rezoning of the H.
Heritage District..
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/10 meeting. The
vote was unanimous with T. Michalski and T. Harryman absent.
5/11/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 12, 2007
Hearing; Case 2007-12: Staff initiated request to amend Article XX of the zonmg
ordinance to remove H, Heritage District zoning from the ordinance.
BACKGROUND
Providing that the previous request to rezone all properties in the H, Heritage district to either R-
I, One Family Residential or B-3, Central Business is recommended to City Commission for
approval, and subsequently approved by Commission, it will be necessary to removed this
section of the zoning ordinance.
NEW LANGUAGE
Deletions arc crossed out and additions are in bold.
ARTICLE XX H HERITAGE DISTRICTS [RESERVED)
PREAMBLE
The "H" Heritage District is inteaded to permit !arid uses whieh promote a historic atmospheFe,
eultlfilll arid educational values, stabilize aad improve property values, foster community beauty
arid pride by pefffiitting too following laad uses.
SECTION 2000: PRINCIPA.L USES PERMITTED
In ari H I !eritage District no building or !arid shall be used arid no building shall be Ofeeted,
structurally altered, or oecupied eirnept fur one (I) or more of the fullowing specified ooes,
unless otherwise provided fur in this Ordinance:
l.One (I) arid tv.'0 (2) family dwellings.
2.Churehes and o!her facilities t10rmally inoidefltal !heFeto s~ect tot-he fullov,,jng conditions:
a. The site shall be so located as to provide for ingress arid egress from said site directly
onto a major or secondary !horoughlare.
b. The principal buildings on the site shall be set back from abutting properties zoned for
residential use not less thari thirty (30) feet.
2
c. Buildiugs of grnater tllaR the ma)(imum height allov1ed iR Seetiou 2 IOO ma:i· be
allowed provided front, side, aud rear yards are iflefeased above tile minimum reEtuiremeRts by
oue (1) foot for eaeh door of buildiRg that Olfeeeds the maximum height re(!uired.
3.Adult Foster Care Faruily Homes, provided tllat sueh facilities shall be at least ORO tllousaud
five hURdred (1,500) fuet from aRy other similar facility. [ameuded 11/02]
4.Heme occupatioRs of a ROH iudustrial ua!ure may be permitted. Permissible home
occupatioRs iRclude, but are Rot limited to tile followiug: [arueuded 11/02]
a. Art aud craft studios, lessoRs may be giveR to oue client at a time
b.Hair aud uail saloRs, limited to ORO client at a time
C. DressmakiRg aud tailoriRg
d. Tutoring, limited to one student at a time
e. TypiRg or clerical services
f. Tuaehing of music or dauciug or similar iRstructioR, limited to one client at a time
g. Offices located withiu the dwelling for a writer, coRs!lltaRt, member of the clergy,
lav')'er, physieiau, architect, eRgiueer or aecountaut, limited to oRO clieRt1family at a time.
h.All home occupations are su~eet to the follow'.ng:
i) The busiuesspersoR operatiug tile home occupatiou shall reside iu the EPnrr-£01ttlelfnic'e;aalJ-sers¥ii=c'
erv1ees
fl. Teaehiag ofmusw
Offi · or similar !flstruetion
. or daneing · . r · d
la~ ":eers l~e~d ·1.~thia tho d"'ell' ., , Imile to one elient at a time
linlited ~ me4
0.
", ·-, ptty s1e1an,
time, ..lflg ,oorr aaeeoHl!tant,
· arehiteet, "engine:r ·.vriteF, eons1Htant m ehent'fi
one e~ of tho ·elergy
I '
~
0
All . _ ,_"'"" - y '
p. ns are su!Jjeet to the foll ,. ,.
JP ·i) 'T't. o ✓omg:
~
' ;.tt0 busillessperso .
and only mem!ier:::erat1:1g
employed. tho flOfllO
tho HlIDlediate oeeu atio
funiily ing on th • d··cell'
ill tho ~.
851.d~ shall reside
e prefil!ses maying lie
xvii) The
-ttt
ll business shall
cal Ollsiness license
a I~ d !Jv
'.1"ve reqmre"'
• tratmns
and . other atJfJrOf)riate
aHy,.,
, loeal, state Of federal la" .
·eensing of regis t" ns ,.4iieh creates
xviii)
oeoss shall oe l!Sed iR
h
:om~ 06Cllfl!HO "
7'furfflce detectoole to the
No eqllip~t Of flF fumes, edor, er eleetneal mte leetrical interference, ne
neise, viorat10n, glare, ff the let. In the case ~f e I diole interference
nermal senses e
. ment~.
eqHlfl
f persens e
er precess
h~I oe used vmieh erea e
s a reee1vers
televisien .
~
t s "!Slla er au
eff the fJref!lfses Bf e
•
auses fruetllations ffi
viith any ra 10 erff the premises. .
the line veltage e . . !lids shall eHly oe used m
. , .ds er eembustiole liq
idil) Ellfllosives, flammable :~qU:,le fife and building eedes.
ceIDf)lianee with the afJfl ,ca . h II eeffif)ly viith the
. . . in"eiving kilns er we!d"fig eqmpment sa
Actrv1ties v .d blli!ding cedes.
aJljJlicaole fae an , , "hie evidence of the
.d aflf)earance of the pref!lfses
• su
hall have !lo ' 1s1u
md) The BlltsHl Uflatien.
ceflffil€t efa heme eee d" ateh centefs where
. as headqoorters er !Sjl .
imii) Heme eeellflations 11e
maysite
!letand
serve . h d te ether l0cat1ens.
are d1Sf)ate~
empleyees eeme to t . . trlletllre. +he lieme
imiii) -Pl . . IDll1!st bet ee!ld!lcted
" aetiv1iy within er
• ll·Htemal
re-qmre a tJreeinstingal:ations
eJltem~
II s er involve
eeellflatien sha no temari!y fuillKI in CP.ve ffig .
. fearures net oos !I a
eenstftletion h that signage Er owe
ied\0 +here sMl a be ne. eilterier
illKlerdiSflla?'
the signerreq· ge ethereft thls
s1~a:ments an erdinanee. [amenaed
",or heme oeellflat10ns
WOO}
o l t er se Id~ ,.,i.11·eh
nu are maae er ass emoled off site, eiwef)t
XJP,0 No geoas shall~= rendered. that of the resiaenee ef the
XJwi) as
Theineidental se4.
f)rirnary tofunction o.f the Hall
tJremises twe~, fi"ve (25) flereent of the
shall be
net eirneed
family, and the ee6Uj)at10n s
j)rineiflal building. .
.8 sterage or preeessmg.
, 'ii) Thefe sliall be ne euts1 e f emmercial vehieles
lOb i. ffiine use e e _ i.
~~e~~
00 . Hall net irwelve the ro . Tliere shall tJO ne
Xllviii) The
fur e h
, :7:~:~als te and~~:
, • hieles asseeiatea wffl
tli:e!7::atien, ner fJ~ng ef
el r small van en tile fJfCffilSes.
e0mmere1 ,e(I) ousiness ear, f)ickufl true co
mere tban ene ~
· de·
11 1t d (but net limited te) me u .
b:b.
, etivities SfJeeiiieally fJf0 ~ . wnd other large
xxuc) h . I "flhanees m tt
(I) A Sel'Vice er rOfJair ef meter veh!e es, ar,
e(!\Hi1ment
(2) A serviee er mmmfacturiHg precess v.nich w0Hld ROrmally require
iridtIBtrial ze!Hflg
(3) A commercial foed service requiring a license
(4) A limeHsiHe service
(5) A !edging service inelHding bllt net limited te, a t0Hrist heme, mete! er
(6) A tattee parler
(7) An animal heSf)ital er kennel
(8) A lavm serviee
xiof) 1'10 acti>.ity legally eirnlHded by aB;,' deed restrietien er ether teaant er 0'Mler
restrictieas shall be permitted.
12. Ia additiea, for these lets ablltting '.1/estem Avemie betv.uea Fe!lfth and Nintli Streets enly,
the follewing HSes are permitted:
a. Any geaerally reeegnized retail bHsiness v,hich supplies eemmedities such as:
groceries, meats, dairy preducts, baked g00ds or ether foods, drugs, drygeods, and
ROtioas er hardware.
b. Personal service establishments such as: shoe repair, dry cleaniHg sheps, tailer shops,
beallty parlors, barber shops, books and savings and leaa effices, pharmacist aad
laboratories, er any service establishment sf an office shev,Teem er workshep nature
of an eleetrician, dec0rat0r, dressmalcer, tailer, sheemaker, baker, printer, Hphelsterer,
appliance repair, phetegraphic repreduetiea, and similar establishments that require a
retail character oo mere e~eetieaable than the aforementieaed.
c. RestaHraHls, er ether places serving feed.
d. Professional effices ef deerors, lawyers, dentists, ehirepreeters, arehitects, engineers,
acceHntants, and similar er allied prefessieas. Offices may be permitted for similar er
allied prefessieas. Offices may be permitted for applied techoolegy, light
teehoolegical research, research and develepmeHt fueilities with lab0rat0ries, bllt oo
industrially eriented preduetien facilities shall be permitted.
e. Office baildings for any ef the follew',ng types ef 0eCHpati0ns: eiceclltive,
admi!listrative and prefessienal.
13. Accessory euildings and aeeessory uses customarily ineiEleatal to the aeo•,ce Prineijlal Uses
Permitted.
14. Uses similar to the aeove Principal Uses Permitted.
SECTION 2001: SPECIAL LAND USES PERI>,4ITIED
The follovr.ng uses, and their accessory lJuildings and accessory uses, shall ee permitted under the
purview of Seetioa 2332 after review and appmval of the use (and a site plan, if reEttlired) ey the
Plar~,mg Commissioa, after reviev,c of the Historic District Commissioa, and after Public Hearing,
s~ ect to the applicaele conditioas and any other reasonae!e coaditions imposed ey the Plat'l!1fflg
Commission:
8. Retail eusiness or service estaelishments as Principal Uses Permitted in the B 1 District,
s~ect te the regulations ofthis District.
9. Restaurants, loUHges and clubs, eirnept clrive ia restaurants.
10. Craft shops.
11. Offices and cliaics of physiciaas, dentists, architects, eagiaeers, attorneys, accountants, and
similar professions.
12. Outdoor displays.
13. Hotels and motels.
14. Private clues, lodge halls, social, and sirailar orgaaizatioas, including assemely or rental halls.
[araended 4Al6]
6. Indoor Theaters [amandeEI 4/06]
a. Parking must ee either oa site or v.ith an irrevocaele shared parking agreemeat.
7. ARtiEtue Sheps. [araendeEI 4/06]
8. lvfu!tiple fumi!y resideatial uses of various types and doosities provided, however, that any
eilistiag structure origiaal!y constructed for one or two family use shall oot be further divided
into adElitional dv,,e!ling units unless it can ee ElemoastrateEI to the satisfaction of the Historic
District Commissioa and the Plar~,mg Commission that the essential furm and iategrity of the
structure and its site and s!!ffOundings can be maintained. Any new multiple fumily
coastruetion shall be compatible and/or complementary to the character of the surrounding
area as determined ey the Historic District Commission and the Plar~-uag Commissioo.
.Multiple faraily uses as described under this subsectioa may be allov,ud as part of a building
cofltainiag other allov.'Oble Principal or Special Uses ia this district.
9. Aeeessory buildings and aeeessory uses eustomarily in£idental to the above Speeial Land
Uses Permitted.
10. Uses similar to the above Speeial Land Uses Penrutted.
SECTION 2002: PLANl'IED Ul'IIT DEVELOPMENTS
Plar.ned developments may be allowed by the Planaing Commission under the proeedural guidelines
of Section 210 I. The intent of Plar.ned Unit Developments in the H Heritage Distriets is to allow
lllilled land uses, wh±eh are compatible to eaeh other, wh±le proh±bitiag 11oflf0sidential uses whieh
would not be eompatiele or harmonious with residential dvtellings.
SECTION 2003: t"...1IBA AND BULK IIBOUIIIBl\ffiNTS famended 4100]
12. 14inimum lot size: 4,000 sq. feet.
13. MaJlimurn lot eoverage:
Buildings: 100%
Pavement: 25%
14. Lot v.'idth: 30 feet (shall be measured at road frontage unless a eul de sac, then measured
from seteaek).
15. Width to desili ratios: The depth of any lot(s) or pareel(s) shall not ee more than three (3)
times longer its width.
16. Height limit:
Ma][imurn height: 6 stories or 90 feet
Minimum height: 2 stories or 35 feet.
l\4inimum heights are in the :!erm efan "overlay district" 011 the :!ellov,ing street
eerriders:
Western ,'\vCRUC; from l'linth Street to Pine Street.
Clay ,'\vCRue; from 8evCRth Street to Fourth Street.
Pine Street; from Vlestem Avenue to Apple Avenue.
Height measurement: ln the ease of a J3rineipal euilding, the vertical distance measured from
the average finished grade to the h±ghest point of the roof surface where the building line abuts
the front yard, eirneJ3t as follows: to the deek line of mansard roofs, and the average height
between eaves and the ridge of gable, hill, and gamerel roofs (see Figure 2 2). If the ground is
110t entirely le>.'el, the grade shall ee deteflllffled ey averaging the elevation of the ground for
eaeh faee of the building (see Figure 2 4).
17. Front Setbacks: [amended 1,105]
Minimum:
Bl'f)l'essway or Arterial Street: 30 feet
Colleetor or Major Street: 20 feet
Miner Street: 10 fuet
N!fil: For tninnmlrn. Hout setbaeks new prineipal struetures on minor streets may align with
eilisting prineipal struetures in the immediate area even if the seteaek is ee!ow !he minimum
reEIHired.
18. Rear seteaek: l 0 feet
19. Seteaek Hom the ordinary high v.ater mark or wetland: 75 feet (prineipal struetures only).
20. Side seteaeks: RO requirement
Note, seteaek measuremeat: All reEIHired seteaeks shall lie measured Hom the right of way
line to the nearest point of the determined drip line ofeuildings. [amended 10102]
21. Zero lot line 013tion: }-le>.v prineipal euildings may ee ereeted on the rear lot line provided:
[amended I 0/02]
f. The building has an approved fire rating fur zero lot line development under the
euilding eode.
g. The euilding has adequate fire aeeess preserved pursuant to fire eode requirements.
Ii. The zero lot line side is not adjaeent to a street.
I. A rnaintenanee aeeess easement is granted by the adjaeent property owner and
reeorded with the County R~gister of Deeds and provided to the wning administrator
with the site plan or plot plan.
j. It is not EKljaeeat to wetlands, or wateruont.
22. All required side and rear setbaeks shall be landseaped, greenbelt buffers, unless zero lot line
is employed fur a strueture or fire aeeess. At least fifty pereent of all required Hont setbaeks
shall be landseaped and EKljaeent to the road right of ·.vay. An average tninnmlrn. greenbelt of
10 feet shall be maintained along eaeli street Hontage. [amended 12/01, amended 10/02]
DELIBERATION
I move that the amendment to remove Article XX, H, Heritage District, of the City of
Muskegon Zoning Ordinance, be recommended to the City Commission for (approval/denial).
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington. Wierenga, Carter.
Davis, and Gawron
Nayes: None
Adoption Date:_ _ _ _M_a__.y_2......C2C..,,'-----'__
2 0__0---7'--_ _ _ _ _ _ __
Effective Date: June 9, 2007
----- --'------------
First Reading: _____M_a~y~2~2....,~2~0~0---7'----------
Second Reading: ____N ~ A ~ - - - - - - - - - - - -
CITY OF MUSKEGON
B~ \ :,,<~\'\(;
\,~~~\.._ I \l ,,
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
22nd day of May, 2007, 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: ---=-------
May 22 ,2007.
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 May 22, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Article XX (H- Heritage Districts) to remove the language from the Zoning
Ordinance.
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 lllcy. 3o ,2001. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
18
Commission Meeting Date: May 22, 2007
Date: May 11, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~(_
RE: Amendment to the Zoning Ordinance - B-3. Central
Business, Special Land Uses Permitted
SUMMARY OF REQUEST:
Request to amend Section 1202 (Special Land Uses Pe1mitted) of Article XII (B-3, Central
Business District) to allow additional special land uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff reconnnends amendment of the Zoning Ordinance to allow additional special land uses in
the B-3 zoning district, with the condition that the City Connnission approve the rezoning of the
H, Heritage District.
COMMITTEE RECOMMENDATION:
The Planning Connnission recommended approval of the request at their 5/10 meeting. The
vote was unanimous with T. Michalski and T. Harryman absent.
5/11/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 10, 2007
Hearing; Case 2007-13: Staff initiated request to amend Section 1202, (Special
Land Uses Permitted), Article XII, (B-3 Central Business District), of the zoning
ordinance to allow additional special uses.
BACKGROUND
If the properties in the H, Heritage District are rezoned, as recommended in the previous case,
some uses previously allowed in the H district would no longer be allowed in the downtown
area, even under a special land use pennit. In addition, Galleries and museums are presently
only allowed in OSR, Open Space Recreation, and therefore, the Muskegon Museum would
continue to be nonconfonning. Staff believes our downtown is an appropriate place for
galleries and museums, and so proposes adding them as special uses.
Also included in this request are private clubs, lodge halls, social and similar organizations,
including assembly or rental halls, as well as antique shops. By allowing these uses through
special land use permit, certain properties, such as the Eagles, remain conforming, but requires
a special permit for any additional such uses in the future.
NEW LANGUAGE
Deletions are eressed out and additions are in bold.
8. Private clubs, lodge halls, social and similar organizations, including assembly or
rental halls.
9. Galleries and museums.
10. Antique shops.
DELIBERATION
I move that the amendment to Section 1201, (Special Land Uses Pennitted), of Article XII, B-
3, Central business District, of the City of Muskegon Zoning Ordinance to allow additional
special land uses in the district, be recommended to the City Commission for
(approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 2 5
An ordinance to amend Section 1201 (Special Land Uses Permitted) of Article XII {B-3,
Central Business District), to allow additional special land uses.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1201 (Special Land Uses Permitted) of Article XII (B-3, Central Business) is
amended to allow additional special land uses, as follows:
(Renumbered)
8. Private clubs, lodge halls, social and similar organizations, including assembly or
rental halls.
9. Galleries and museums.
10. Antique shops.
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter,
Davis, and Gawron
Nayes: None
AdoptionDate: May 22, 2007
Effective Date: June 9, 2007
First Reading: May 2 2 , 20 0 7
Second Reading: __N...:../_A_ _ _ _ _ _ __ _ _ _ _ _ __
CITY OF MUSKEGON
By: _\ ~\ '--'--'
\\,.,_,__,1
;;,.....:.....
) _) 1,
-"'-"'-
\,;--""- ' '- -=.
\., y,.__ ~_ (.,,,::.c..:l::_..:Y)
~ -
Ann Marie Becker, MMC, City Clerk
Commission Meeting Date: May 22, 2007 - Zoning Ordinance Amendment- B-3 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
22nd day of May, 2007, 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: May 22 ,2007. ~'\]r\l\,------0~ ~ Lu\(,t, \
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 May 22, 2007, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 1202 (Special Land Uses Permitted) of Article XII (B-3, Central Business
District) adding language to allow additional special land uses in the B-3, Central Business 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 _ _ _.:c_Mc::a"'-y---=3-=0_ _, 2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _~
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: May 22, 2007
Date: MayB,2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C€)0
RE: Public Hearing • Request for an Industrial Facilities
Exemption Certificate - Re-Source Industries
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Re-Source Industries, 1485 S. Getty,
has requested the issuance of an Industrial Facilities Exemption Certificate for the
property located at 1485 S. Getty, Muskegon. The total capital investment is
approximately $159,134 in personal property. This request qualifies Re-Source
Industries for a 6-year exemption for personal property. Re-Source Industries current
workforce is 35.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of six (6) years for personal property.
COMMITTEE RECOMMENDATION:
None
5/8/2007
City of Muskegon
Industrial Facilities Exemption .Application
Summary Sheet
\\'es t. Mll'l1fgans Sliurellnc Ut.y
Project Summary:
Resource Industries, an existing manufacturing company located at 1485 S. Getty, Muskegon,
Michigan, is installing new machinery and equipment to expand its present operation. Due to the fact that
the company is investing $159,000 in personal property it is eligible for a six (6) year exemption for
personal property.
Employment Information:
Racial Characteristics:
White 25
Minority 10 RECEIVED
Total 35
Gender Characteristics: MAY O8 2007
Male 22
Female 13 MUS KEGON
Total 35 CITY MANAG ER' S OFFICE
Total No. of Anticipated New Jobs: 2
Investment Information:
Real Property: $-0-
Personal Property $ 159,134
Total: $159,134
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $4,550 $ 881
Value of Abatement $2,275 $ 441
Total New Taxes Collected $2,275 $ 441
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $666
Company Requirements:
Adopted Affirmative Action Policy ~ Yes • No
Meeting w/ City Affirmative Action Director Yes • No
Signed Tax Abatement Contract ~ Yes • No
Taxes Paid In Full Yes • No
Zoning Conflicts • Yes fa" No
~ J±a'tlM.A.=~14t.J!,17l • e< ING , ?,'-{ 7,
• 10. Standard lnausttial Cls~!flcalion (SIC) COda - Sec, .2(10) (4 or8 Digit Code)
1495
• 2. Type of Approval Requested
§New (Sec. 2(4))
~-
• 1c. Facility Address (City, State, ZIP Code) (real ancttor persona! property locat!on) • 1~ownahipNlnag& {indics.te W11ieh)
~rrv t,,j ~~ C 6,oN ;M; N'
• 3b. SchOol Code
4-,J 010
Speculative Building (Sec. 3(8)) Rehabilitation (Sec_ 3(1)) 4, Arnount of years requested for exemptiofl (1-12 Years)
Research and Development (Sec. 2(9))
~ YeArz..~
5. Thoroughly describe the project for which exemption is sought: Rea.I Property (fype or Improvements to Land, Buildtn~. Size of AdO!tlon); Persona! Property {Explain New,
Used, Transferred from Out-of-State. eto.) and Propos&d Uae of Fadijty. (Ple&Se attach add1ttoot:1J paga(5) if more room 1s needed).
'Pll.or,vc. T'I bN M /Ii C ttIN INC:, (!) p Ct:>M fb'VG'..Ur .s -n:>R., ,H~ .
A"T'O,.,c ori ve I .1-)p~liA,\[ ~Ff, F,. 11i,....,;ro,ee '( ~/'Olt."f"'I N " /Nf:),:;ST/i!I e:..s
6a. Cost of land aM building imp,ovements (excluding oost of land) ............. ·············"••·····················"··· .. ····· ······"· •
"Attach list of improvemenls a.nd associated costs.
* Also attach ~ copy of building permit if project has already begun.
ri••I Property Costs
Sb. Cost of machinery, equipment fumiture and fixtures ................................... ···········•···········•····················•·--············ • L,'5t::J, I 3'-/ .oo
• Atta.ch itemized listif'lg with month, day and year of beginnlr'lg of installatior'I plus total oosls / Persona/Proporty Costs
eo. Total Projeot Costs. ......... .................................................................... ............................... ............................ , .......... lSc:t f I "3'-I . 00
.. Ro1,1od Costs to Nearest Dolla.t Total of Real & Personal Costs
7. Indicate the time schedule ror start and finlsn of oons1ructton and equipment installation. Projscia mu.;1,t oe completed Within a two year pa-riod of the effective date or tM
cerljficate unless otheiwlse approved by tt'l8 STC.
Begin Q~l!l iM/0/Yl liDQ Data (MIQC!'.)
Roal Pmperty Improvements • • Downed QL•ased
PGl'$onal Properly Improvements • rzZ~lo~
-r
Ii I IC, {t>7 • ~owned OLeased
• 8. Are State EduoaUonTax,,a ,educed or abated by tl\Mtigan Ecooomic Develop manI Corporation (MEDC)? tr yes, applicant m~st ettec/1 a signed MEDC Lettar of
commitment to /'8ceive thls exemption. D Yea No
• 9. No. of exiatlngjob:s at this ~ty that will be retained a, a result off.his proJect. • 10, No. of new job3 at th.is facility expected lo creste Within 2years Of completion.
11. RahaourtaUon appncations only: (.;omp1ete a, b ana cot this ~,ton. YOU must atU1.cn the assaasora, statement or valuation tor tne entlro p1ant renaonitation a1stnct Md
2.
abaoleacenoo statement fOr property. Tne SEV date. below must be as of December 31 of the year prior to the rehabl\ltation.
a,. SEV of Rea.I Property (ex:c!udlng !and) ........................................... ....... ·························•··--········· ··················· ......... ...........
b. SEVof Persona:\ Property (excluding inventory} ...... ,................... ················ ··················· ... ••··· ··········•···--······ ..... ···················
c. Tota.! SEV .................. ···•··········"·"'''''···•·"'•· .............. .... , ........... .......... ,, ............ .. ................... .. .. .. , ...... , ....................... , ....
, ,
• 12a. Check tM type of District the facility IS located In:
~ Industrial Development District 0 Plant Rehabilitation District
• 12.b. Date district was establiehed by local government _unit {contact local unit) • 12c. Is this applioalion for• speculatjva ~uilding (Se~ 3(8))?
/1/a:1 .).i, 17 'I 6 0 Yes &No
Fax: Jlln I~ LUUI 11•~,J<.l.!U !UU->fv~-
1012, Pag'a 2
APPLICANT CERTIFICATION • complete all boxes.
The undersigned, authorized officer of the company making this applieation certifies that, to the best of his/her knowledge, M information contained
herein or in the attachments hereto is false In any way and that all are truly descriptive of the industrial proi:,erty for which thi$ application is being
$ubmitted.
It is further certified that the undersigned is far'liiliar with the provisions of P.A. 198 of 1974. as amended, being Sections 207.551 to 207 ..672, inclusive,
of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the
requirements thereof which are prerequisite to tha approval of the application by the local onit of government ;;and the issuance of an Industrial Fa.cillues
Exemption Certificate by the State Tax Commission.
13a Preparer N1;1me 1~b. Telephone Num1;>er t3c. Fax Number 13d. E-mail Address
°PAVL. K11yr Z?,1 ??.€,- )15"5' "l.?, I "7't'2,·ll'f"? PAa L I( ~ IZB .t,c.,ia,:e /Nll< ,
t4a. Name of Contact: Pel'$on
flt,.,. t;'
14b. TetephOne Number
-:,,,,,.,..(; ~,,..,.....,.
14c. Fax Numtier 14d. E-mail Address
51/Mc
• t 5a. Name of Company Offlc.er {No Authorlt:M Agents)
?~vi- D JCvY r
15b. Signalup;:::;_0!1_,ce:__ (No {\:horited Agents)
• 159. Mailing Address (StraQt, City, S~te, ZIP Code)
15c. Fax Number
21>I ?Z.,S-11 q., 15d. Date
f-7- ""l.007
11./S.S s. 6errY /4 .,~ w~fi:D'I - '{'ft/
;"I, I
15f. Telephone Number
'{Z. ?.!>/ • 7:Z.6-11$5'"
16!J. !=-mail Address
11?•--E:
LOCAL GOVERNMENT ACTION & CERTIFICATION - complete all boxes.
This section must be completed by the clerk. of the loeal governing unit before submitting application to the State Tax Comn'U$-Sion. Check items o(l file
at the Local Unit and those included with the subl'nittal.
• 16. Action ta1 CITY OF l!t'SKEGOl-i it} 02~, 031
//•/O·'Js_.,,
ATTACHMENT c
Hc.trna.11 ~treet ·
:!.J
II.JI 121 ]
ll11l, JOI
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I
1
1!.IG 0
• .-,
L-.l.
1
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~
t:•
J"n 16 o-. 02:oop Ctt~ of Musketon Planning 231 724 6790 p.2
Milll19~rl ClRp~r1"\&nl cf TreMUI'/, $'l'r:. TRANSFER OF CERTIFICATE NO. 96-l4t L-4380
101:.! [1'11,v. i:1-90)
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
This farm is issued as provided by P.A. 198 ot 1974. as amended. Section references on this form are to specific sections of the act that
ixplain orrequire the data. FIiing of this form ts voluntary. The application should be filed altar the distriotis established and no
,terthan (wilhin) six months after the commo~comentol the projccL Thfsprojoct will not rocelve tax benefits until approved by the
Btate Tax Commission.
INSTRUCTIONS: Read the instructicno on page 4 belore completing this application. File tha original and lour copies of this form Md
the requirad altachmcnls (five completo oets) with the clert< ol the local government uni!. (TM State T~x Commission
require~ four complete sets (one original and .... three copies)), One copy i$ ~tained by the clerk,
-· - .,...
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Clerk must i.\l$0 complste scctior.s 9 :md 20, page 3. THE $TATE TAX COMMISSION
Signat,ca &,;1-, ( ) _,K, . .Application No.
- J - h(1,,-V
IWn\\An Agreement?
Oulc t-lt>:Cflivsd
c2 - 'l - 0 Y.~- 6 Ou\(; f\vc11lved
lJvEs • NO
- i:t111ir.,.....;if I bs/ow
Appllc11nt do not w11IBstxive 1/'l!S fine Beam
fa. Apj'lliCMl (Cam!mnv) -~IJffit1 lAopl\CS nt rnu·a lt\•. lhA accupanVo~~(o\or oi 1h11 lnc\\ity) b, !'.,1::1ndard huJw:lria!Classmcation Cvr.Je \Sec. 2(10))
i.:\e. -SDLLf'Ce .I,.,Ju~_;::,tr1'es, ] .. r1G, Four Oic;Jit Code I!§ ~ 1 't 17 I I
t:, cOmpanyMBll!ng Adll1c::,:, (No. ano $tre~i. PD. Rr,w, City, Stain, .llP) Fir&t 11me applicQJ\IS attach ¢0PY of WorktJf$
\4'60 5, Crel-1 y 'JI-, >___ /1,\u";hel:)O•' 1\\ I Compcnt.allon pollcv dl:1pleyln9 worker& codes
d. tnC:,.t1an ol Fai;11\ty (N,J. ,u1r1 Si'iaal, City, ~\otc, ZIP) lA\l3ch L89.1I PttRerlption)
u, c.ri:7·Ni\\:).Qe 1. Couttly
IL\ SS S, G-ett 'I s+. C.i · o-f' Mv. 5i'ie'.1o':'
2. 1yptl of Approv11I Hequc'.iWc:I - 3. Sl,'.hnnl OiFilricl Where Faci!ily ir. Located
/v\u5V\t.')0•7
11. School Code
D NEW 1sec. t(,ll 0 SPF..CLJLA"T\VE BUIL01NQ. (SEC, 3(n)) /\;\u'31"Ct)on 0/0) O
·g TRAN::if-~A (of c-.11i~lln9 certllicnltt) {1 i.;opy only) 4. How M•my Years of Eium1ption kaquesu1ai (See note 111 bo'll 19 regarding
0 REHAOILITATION (:-:ii-:(:. :1(1)}
5. Explain App\i1,:ttnrs f'nnci,?,1,I typo '.lI
n RESF.I\FtCH and DE.Vl:LOPMENl (t,;CC. 2(9))
Bu:auoss (D,:;t;.il11d des.crip1.1011 ol nptl!alions)
Inclusion of !he w1J1df. -n.ttet e.omplelian. ") (en-1l\.iY•, ,·n q
l+i9h ·v0 h.0>·1c:-p,·c d u.c+io,-.. YY·1C\.C ~--l i Y-l / n9,. Pr-\ r)l<.l. r·----1· J '/ 1/ctl,1,~ ctdd ,-d
C ptrtt. -\-to,,S to C.i...L s1-c ,.--->-1 e., . -- b \,·\}I\<~ Ci pc.u-.J s. ( <'.'. .:c:i:_ "''-/' tc. :
dv1il 1;1~ 1 +lt ppin9 j ~LLn1.1n:i)
"1-~• i5~'.--crlptlon ent! U:;u (11 t:,:ir.1ini:1 f.iC111tv (Number ut b1>dc1infl&, tyi,G, slz.e, use, produc\$ manu1ac1ur~d. type ul rui;~arch of ctovelopmonl.)
b. F.)q;laln Oegrct! illtll lypr. ri! ObsO:eS~~•~r A!!ti,;hnO 1-:Xi!'.ling Facll!ty,
..
1. D%r.rlhP. rrojl:!ct lrn Which
~
-··- Per.Jon..11 P,opRrty Aco,ulrecl. Explui11 N1:w - US.Cd, "franslecotJ !tom
faarri.;\i N1 :~ Jo•~~l,t \ typ1; nt lmprOV\lment9 IO Li.md, J:1l,1lrJ1ng;Size 01 AdCIOon: -·-
0111-01•S1a:e. etc,) aml ProposM U.!i fl of i-3.C! ify
"[,yu, 0
,;fer of
•'i ;sessor
17. Comp1010 this 5oction if.appllca1ion is for a. replaeem1m1 l.i.cmty which will not bij locatl3d Qn lh€1 ~am 6 ~itA or conliguous 10 t11e ob!.o\otc i;;iUty,
The oo~oletc t,;1cility will M disposed al as follows:
A re' l(J,Lb(.c
-------- . -- -··· -------
j
Continue on P~ge3
Jan. 16 04 02: oop Cit~ of Muskegon Planning 231 724 6790 p.4
1012 {Pa911.:iJ
APPLICANT'S CERTIFICATION
. -
The undersigned, authorized officer ol lhe company making this application cenities that. to the best of his/her knowledgo, no
,!orrnation contained herein or in the attachments hereto is false in any way and that all are truly descriptive al the industrial
,,,operty for which triis application is being submitted.
It is further certified that the undersigned is larniliarwith the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207 .572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he h.is
complied or will be able to comply with all ot the requirements thereof which are prerequisl1e to the approval of the application
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the Stat" Tax Commission.
111. N:ime of Pc1:.•.m toCOflt:u::t 1or Furlherln!ormatlon
P0-u. t kv,v+
Tille
Pr-.c._,,d t ,-, f
l
PI\One
2 31 -72b'-l/55
tJ,ailing Atldte'l:l
jJ-j'b 5 s·. &,di V 5+. J /1-1 us Meg,_,,-, , Ml +1~442
Tyµo N,sm,;i nf Company Olficer
Tille
F'c\LLl
Pr'e-0 i'de nf-
\.(. l,,y t Slgnatu"¼_
Data
~
-4.
2--9- OL/
1 (;
.
#:J2L7i_ 11
V-,;s -
-- ... ·-··· - -- - ·-
LOCAL GOVERNMENT ACTION
This section Is to ba completed by the clerk of the local governing unit before submitting application to /he
r·
State Tax Commission
Action Taken QQ£:UMENTS REQUIRED
..
D 1- Application plus attachments. (See inst. pg. 4, # 1-7)
..... _
I• ABATEMENT APPROVED FOR Yea.rs D 2. Notice to the public p~or to hijaring to establish district.
0 3. Resolution establishing district.
Ending Dcccmber~0, ____J..Q (lL D 4. Notice to taxing auth0nt1es prior lo heactng to approve
(not to excAad 1~ ycurs aha r proicct completion) application,
There are circumstanc:cs In which lhe woatlons received alt~,. October 31 will be ~cted u~on in I.he folloV,1ing y_!lar.
Mail completed application,, ,;d all attachments to:
State Tax Commission *Information contained in this application
Michigan Department a!Tr easury and supporting docuinentation rne.y be
. Box 30471 subject to review by the public i f a
sing, Michigan 48909-7 971 Fre.,dom of Information Request is filed,
ou have any questions, please call (517) 373-2408 or 373-3302.
. -~------ -- ··- --·
Cll•nt#: 69076 EMPLI) fRAD1
!
OAT!; (MrNDO/YVYYJ
ACORD™ CERTIFICATE OF LIABILITY INSURAN CE I 02/09/04
MQOUCl!R THl8 CfftTIFICATE IS 1S$UE:!J~\SA MATTER OF INFORMATION
WAUSAU INSURANCE COMPANIES ONLY AND CONFERS NO RIGH TS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICAT~ DOE$ NOT AMEND, EXrEND OR
13101 TELECOM DRIVE ALTER THE COVERAGE AFFO ROED av THE POLICIES 0ELOW.
SUITE 200
TAMPA, FL 33637-0914 INSURERS AFFORDING COVERA OE f NAIC #
lNSURtb 1Nsu•eRA, WA-USAU BUSINES_S INSURANCE COMPANY
EMPLOYMENT TRADITIONS INSURGRB:
8980 N RODGERS COURT SE ~-.-· ----··-- - '
CALEDONIA, Ml 49316
INSURl;R G: I
lf~SURERD; i
1NSUl!IER. E:
-·· ·-·-·
COVERAGES
THE fJOI..ICIES or
INSURANCE LISTED !'JELOW HAVE 8EEN 1ssueo TO THE INSURED NAMED Aaovc FOR 'THI.! POL1C'r r, ,:. :,o JOTW!THSTANOING
ANY R~OUIREMl:NT, TERM OR CONDITION OF ANY CONTRAC'f OR OTHE~ DOCUMl:NT WITH ~E$PECT TO WHICH TH15 f,:T!FICATE l,'AY BG: ISSUEU OR
MAY PERTAIN, THE INSURANCE AFFORDED BY TH~ POLICH:&; OESCR.1B1:0 HEREIN IS SUBJECT TO ALL TH!;; TERM~/.£)<.( l.'Y:':IO"IS ANO CONDITIONS OF SUCH
POLICIES. AGC,,RC;GATE LIMITS SHOWN MAY HAVE; SEEN R!:cucED BY PAID CLAIMS.
ffie'" ".'~~~ POLl~'(.~f.f_l;,CTVE Pbl::tcvfXPIR.Allr»i •~.---- -·------------1
LTR T'fPEQflN6URANCI; POLICYNUMB.l::!t o•-'l!!:, 100,~v, 0,\TE(MMJQ!'J/YY\ --------'""""!T::,S_ _ _ _ _ _---l
._~E_NEMl.1.IABILITY
_ ~tMERCIAL GEN GAAL LIABILITY
'
_____..,
_ LJ CLAIMS MADE D OCCUR
r.·C:·"'....RIETORJPA~lNER/EXE:¢1)TIV!!
c:: . -.•>-l FCCIOC:N1 :;500,000
OfflCGRIMtM6ER liXQLUDE07 ~·- J,.Sl:i\St - EA :::M?L · ,Qvv"'1 \ >¥U.i--'l-.._..\ij\
# \I .
Ann Marie Becker, MMC
Clerk
5/8/07
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933
Terrace Street, Muskegon, Michigan 49441, ("City") and RESOURCE INDUSTRIES,
1485 S. Getty Street, Muskegon, MI 49442 ("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company's subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City's determination whether or not to create the
district.
C. The Company intends to install the project set forth in its application ("project")
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation, stabilization or increase of economic activity, planning and zoning
considerations and the City's general plan and intentions regarding economic
development. In addition to the City policy considerations and predictions that the
Company's proposed district and certificate benefit the community in those ways, the
City has further determined that the contractual commitments made by the Company to
thereby assist the community shall be binding on the Company and necessary to continue
the tax exemption made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial Facilities
Tax Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
I. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
Page 1
I.I That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting
of the certificate by the State Tax Commission, subject to the provisions of
section 3.4 of this agreement.
1.2 That the amount of jobs listed on the application, whether new or retained,
will be maintained through the life of the abatement, subject to the
provisions of section 3.4 of this agreement.
1.3 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City
Commission on or before the date two (2) years after the granting of the
certificate by the State Tax Commission. It shall maintain the said levels of
employment diversity during the period of the certificate, subject to the
provisions of section 3 .4 of this agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment
of$159,134 in the equipment and improvements as shown in the application,
subject to the provisions of section 3 .4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of
granting of the certificate by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
I. 7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs,
investment, the meeting of all goals and the timely installation and utilization
of equipment and improvements. The City shall be entitled to inspect at
reasonable hours the Company's premises where the said improvements and
equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production
and utilization of the improvements and equipment at the site where the
district has been created and for which the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the
City. It shall report any releases to the appropriate governmental authority in
a timely and complete manner, and provide copies of said report
documentation to the City. It shall comply with all orders and actions of any
governmental agency having authority.
Page 2
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
I. I I The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the
certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to whether to create the district and whether to receive,
process, and approve thereafter the Company's application for an industrial facilities
exemption cettificate. The City may consider this contract in a meeting separate from
and prior to the meeting in which the City considers the creation of the district and/or
approval of the application for certificate. Further, the City shall require the submission
of this contract signed by the Company together with its applications, before creating the
district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby, unless the company can show that there has
been a loss ofrevenue and employment due to circumstances beyond the control
of the company. In order to make that showing the company shall have the
burden of supplying, to the City's satisfaction, complete and convincing
documentation supporting and justifying reductions in investment, failures to
attain affirmative action goals or job losses, such as, without limitation, written
evidence of lost contracts, accounting information showing reduced revenues due
to the loss of business, (not due to diversion of production to affiliate companies
or divisions of the company), production records showing reduced quantities over
significant periods of time, and such other information required by the City to
support the Company's claim that the failure to invest, failure to achieve
affirmative action goals, or loss of jobs should not form the basis for a finding of
default.
Page 3
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the
Company's property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3. 7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the IFT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
Page 4
equipment shall be placed on the regular tax roll, unless the company can show,
through receipts, etc. that the cost of the equipment was actually less than the
amount estimated by the company (i.e., the same equipment was purchased as
listed in the !FT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced, unless the company can show that the loss of jobs, or inability to hire as
many people as expected, is due to circumstances beyond the control of the
company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the property of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
Page 5
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
Ann Marie Becker, Clerk
By------iG~·:'-""1Jl(=-··~1&CL'-,''-'.I-~- -
Paul K_!!Yt
Its Hu;::.,;,-:;,t,;AJF
and- - - - - - - - - - -
Its. _ _ _ _ _ _ _ _ __
Page 6
INDUSTRIAL FACILITIES EXEMPTION APPLICATION
AFFIDAVIT OF FEES
We do swear and affirm by our signatures below that "no payment of any kind in
excess of the fee allowed, by PA Act 198 of 1974, as amended by Public Act 323
of 1996, has been made or promised in exchange for favorable consideration of
an exemption certificate application."
City of Muskegon, Michigan
I)
. /' / ~
Signed / c c-uc
Lc'"'"d
Print Name -'-="-'-'-'-"'---"'-'2'¥-'--'-='-----
Title Pl.hi f.Q r ..nr
Dated 'S-~ cJ -,:, '7
Applicant: Source Industries
I
Signed J1,
Print Name ·P11v1... f/..;•a'
Title P,-ie,&, i:,•,·,ur
Dated .s /2-/c: 7 , j
Re-Source Industries Inc.
1485 S. Getty
Muskegon, MI 49442
EQUIPMENT LIST
New - $104,134.00 12-18-06
HAAS VF-4 SUPER SPEED
Used - $25,000.00 12-7-06
HAAS VF-3
Used - $8,000.00 2-8-07
HAAS VF-3
Used - $22,000.00 12-5-06
HITACHI SEIKI CNC LATHE
Michigan Department of Treasury
3222 (Rev. 6-05)
IApplicant Name
~ ~ / J .
~
Pe -,S r-.u,·cx -L..h.cu.,s w,-e, I'.,, '
Fiscal Statement (to be completed by local unit) '-'-•'-"---~=·=~~~~~~~.
YES NO
Is this project:
Real Property? D
Personal Property?
Both Real and Personal Property - New Facility?
Both Real and Personal Property - Rehabilitation Facility?
B
D
Both New and Replacement Facility? D
Estimated Project Investment (not assessed value):
IReal Property IPersooal Property ITotal
YES NO REMARKS
1. A Has the proper local authority reviewed the
plan? •
R Is the project located in a certified industrial
park? •
C. Is this a renovation or expansion of an existing
building? •
2. Will this project require improvement of your road
service? •
3. Will this project require improvement of your
sanitary sewer services? •
4. Will this project require improvement of your storm
sewer services? •
5, Will this project require improvement of your water
services? •
6. Will this project require additional police
personnel, police equipment or a need for new
police building expansion?
•
7, Will this project require the need for additional fire
personnel, additional or specialized fire equipment
or the need for a new fire building?
•
8, Will this project require other costs?
•
9, Are costs of infrastructure elements to be provided
through Local Development Finance Authority or
Tax Increment Finance Authority Bonds?
•
If you answered yes to any of questions 2 through 8, the appropriate sections of the Supplement to Fiscal Statement form
must be completed and accompany the !FT application. Call (517) 373-3272 to obtain that form.
LOCAL UNIT CERTIFICATION
This is to certify that the following has been provided as accurately as possible,
Name and Tille of Local Governmental Unit Official
L OY\V\cl-
Date: May 22, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Ordinance Amendment - Vehicles for Hire
SUMMARY OF REQUEST: To repeal Chapter 102 of the Muskegon
Code of Ordinances concerning Vehicles for Hire.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Commission recommended
approval at the May ih Worksession.
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Sections 102-201 through I 02-260 of Chapter 102 of the Code of Ordinances of the City of
Muskegon concerning Vehicles for Hire are hereby repealed in their entirety.
This ordinance adopted:
Ayes: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Nays: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: _ _ _ _ _ _ _ _ _ _ __
Effective Date: _ _ _ _ _ _ _ _ _ __
First Reading: _ _ _ _ _ _ _ _ _ __
Second Reading: _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
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 ___ day of _ _ _ _ _ _ __, 2007, 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:----~ 2007
Ann Marie Becker
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
C:\Documents and Settings\becker\Local Settings\Temporary Internet Files\OLK9\Dl6528-0rdinance Amendment re Taxis.DOC
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on _ _ _ _ _ _ _ _ _, 2007, the City Commission of the
City of Muskegon adopted an ordinance repealing in their entirety Sections 102-201 through
102-260 of Chapter 102 of the Code of Ordinances of the City of Muskegon concerning Vehicles
for Hire.
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 (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: _ _ _ _ _ _ _ , 2007 By_ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, Its Clerk
-------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE
C:\Documents and Settings\beckcr\Local Settings\Temporary Intcmet Files\OLK9\D16528-0rdinance Amendment re Taxis.DOC
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Kevin Davis, City Commissioner
Sue Wierengo, City Commissioner
DATE: May 16, 2007
RE: Building Permit Moratorium - Subsidized Housing
SUMMARY OF REQUEST:
To consider a moratorium on building permits for government-financed subsidized housing
complexes in the City of Muskegon.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\BLDG PRMT MORATORIUM (K DAVIS) 051607
DATE: May 11, 2007
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#: EN-050110.
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
500 Amity-Area 11 is unsafe, substandard, a public nuisance and that ii 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: # EN-050110 - 500 Amity
Location and ownership: This structure is located on Amity between Williams
and Scott Streets and is owned by Roger/Tracy Verway, 7089 E. Farr, Nunica,
Ml 49448.
Staff Correspondence: A dangerous building inspection was conducted on
09/02/05. The Notice and Order to Repair was issued on 09/22/05. A interior
inspection was conducted 10/20/05. On 12/1/05 the HBA tabled case until March
2006 to allow owner time to obtain permits, schedule monthly progress
inspections. Case came back before the HBA 03/01/06 and declared the
structure substandard and dangerous. A letter was sent to the owners 07/21/06
stating no permits had been issued and asking the intention of owners to
complete repairs.
Owner Contact: Tracy and Roger Verway were present for the HBA meeting
dated 12/01/05 and staled they had acquired the property from parents.
Mrs. Verway called the Inspections Department on 03/03/06 stating she did not
receive the notice in time for the HBA meeting dated 03/01/06 because of a
change of address. The owners called Don LaBrenz stating they were trying to
get financing to complete repairs in May 2006. The owners came in a met with
Don LaBrenz and submitted timeline to complete repairs by January 2007. A
building permit was issued 10/06/06, electrical permit issued 11/29/06 and
extended to 3/01/07, mechanical permit issued 09/15/06 expired 03/24/07. All
rough-in inspections have been approved but no final inspections scheduled and
no owner contact since January 2007.
C:\Documents and Settings\Potter\Loca! Settings\Temporary Internet Files\OLKI A\AGENDA -500 Amity A ve(2).doc page 1 of 2
Financial Impact: General Funds
Budget action required: None
State Equalized value: $13,800
Estimated cost to repair: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA -500 Amity Ave(2).doc page 2 of 2
)
INSPECTION SUMMARY
FOR: 500 Amity
The home is a two story, wood frame, single family dwelling and is currently
unoccupied. ·This building has had the exterior siding removed and the building sheeting
is exposed to the weather. The interior of this l:iuilding has been gutted out and some
work has been done on the exterior.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, September 8, 2005
Enforcement# EN05011 O Property Address 500 AMITY AVE
Parcel #24-205-047-0011-00 Owner VERWAY ROGER MRACY L
Inspector: Henry Faltinowski
Date completed: 09/02/2005
DEFICENCIES:
Uncorrected
1. Building permit on work at home has expired 9/29/03. No progress/no
inspections have been scheduled.
2. Home has exposed weather barrier with no siding or permits for siding.
3. Appears work is being done on home with no permits.
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, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
CITY OF MUSKEGON
DANGEROUS BUILDING PROGRESS INSPECTION REPORT
500 AMITY A VE
10/20/2005
Inspection noted:
Uncorrected
1. One egress window per bedroom.
2. Fire block - where required.
3. All stairs must meet MRC 2003 Code 8 1/4" may rise/ 9" run tread ..
4. Handrails, guardrails, frame stair opening to code.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
City of Muskegon
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
(231) 724-6715
Tuesday,August15,2006
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 500 AMITY AVE Parcel# 24-205-047-0011-00
Owner: VERWAY ROGER A/TRACY L
Inspection Type: DB Interior Inspection Inspector: Henry Faltinowski
Date completed: 10/20/2005
DEFICIENCIES:
Uncorrected - Exterior 09/02/05
1. Building permit on work at home has expired 9/29/03. No progress/no inspections have
been scheduled.
2. Home has exposed weather barrier with no siding or permits for siding.
3. Appears work is being done on home with no permits.
Uncorrected-10/20/05 Progress Inspection
1. Bathroom 20 amp circuits to stay within bathroom.
2. Support NM Cable Properly.
3. Range & dryer outlets to be 4 wire.
4. Lights in closet to be above door.
5. Need Smoke Alarms.
6. All bedroom outlets to be ARC-Fault Pro.
7. Need electric service.
8. Rough electric is approx 60% done.
9. Recessed lights in insulation to be rated for use.
Uncorrected -10/20/05 Progress Inspection
1. Draft stop penetrations thru floors.
2. Must have gas pressure test.
3. Outside faucets to be vac breaker style.
*Note - Mech 80% rough complete
Plumbing - 80% rough complete
Uncorrected -10/20/05 Progress Inspection
1. One egress window per bedroom.
2. Fire block - where required.
3. All stairs must meet MRC 2003 Code 8 1/4" may rise/ 9" run tread ..
4. Handrails, guardrails, frame stair opening to code.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
HENRY FALTINOWSKI BUILDING INSPECTOR DATE
t 1•••_.. ••
~-,":"",,...,..;
, ,1· ;'., l
DATE: May 11, 2007
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#: EN-050097
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
856 Fork-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: # EN-050097- 856 Fork
Location and ownership: This structure is located on Fork between Amity and
Allen and is owned by Tammie Robinson.
Staff Correspondence: A fire interior inspection was conducted 04/13/04. A
dangerous building inspection was conducted on 03/28/05. The Notice and Order
to Repair was issued on 04/15/05. A building permit was issued 04/22/04 was
extended 06/13/05 and expired 11/03/05. Electrical permit issued 06/07 /04,
expired 0908/05 with a rough-in approved but no final inspection scheduled. On
08/04/05 the HBA declared the structure substandard and dangerous and a
public nuisance. A progress inspection was conducted 09/08/05. A letter was
sent 11/18/05 requesting owner to complete repairs and schedule inspection by
December 15, 2005. Case was put on Commission agenda January 24,2006 but
was removed, permits were issued and electrical & plumbing have been finaled,
but the building permit remains outstanding. Letters have been sent 06/08//06
and 08/25/06 requesting final inspections with no response from owner.
Owner Contact: No one was present to represent case at the HBA meeting. The
contractor, related to the owner, did ask for an extension which was granted but
no final building inspections have been scheduled. The case was scheduled
before City Commission 10/24/06 but was removed from agenda because
owner scheduled final inspection but cancelled appointment and there has been
no owner contact since that time.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKI A\AGENDA - 856 Fork(3).doc page 1 of2
Financial Impact: General Funds
Budget action required: None
State Equalized value: $17,300
Estimated cost to repair: $5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA - 856 Fork(3).doc page 2 of2
INSPECTION SUMMARY
FOR: 856 FORK
A two story wood frame dwelling. Renovations are about 80% complete. Work on
project appears to have stopped. Letters have been sent to homeowner requesting the
project be completed and final inspection be scheduled. A final inspection was scheduled
right before the City Commission meeting in October 2006 but inspection was cancelled
and there has been no further contact from owner.
CITY OF MUSKEGON
DANGEROUS BUILDING PROGRESS INSPECTION REPORT
856FORKST
09/08/2005
Inspection noted:
1. Still needs exterior repairs completed - roof, fascia, & soffitt.
2. In process of drywall.
3. Needs floor repair - joist repair.
4. Needs cabinets, finish flooring.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION
REPORT
Friday, January 13, 2006
Enforcement # EN050097 Property Address 856 FORK ST
Parcel #24-205-204-0008-00 Owner ROBINSON TAMMIE
Inspector: Henry Faltinowski
Date completed: 03/28/2005
DEFICENCIES:
Uncorrected
1. All permits, building, electrical and plumbing have expired. No
inspections have been performed.
2. Exterior of home deteriorating more as no work has started.
3. Interior inspection requested by trade inspectors to verify progress.
Progress Inspection Conducted 09/08/05
1. Still needs exterior repairs completed - roof, fascia, & soffitt.
2. In process of drywall.
3. Needs floor repair - joist repair.
4. Needs cabinets, finish flooring.
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, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
'i? <;'b Fe('~
:s/;, f /xo.)'
DATE: May 11, 2007
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#: EN-060465
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
318 Merrill -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: # EN-060465 -318 Merrill ( House & Garage)
Location and ownership: This structure is located on Merrill between Sixth and
Seventh St and is owned by Huntington National Bank, 41 S. High St., HCO910,
Columbus, OH 43215.
Staff Correspondence: A dangerous building inspection was conducted on
12/08/06. The Notice and Order to Repairwas issued on 12/19/06. The HBAon
02/01/07 declared the structure dangerous, substandard and a public nuisance.
Owner Contact: No one was present to represent case for the HBA meeting
dated 02/01/07. No permits have been issued, no inspections scheduled and no
owner contact.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $19,200
Estimated cost to repair: $5,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA - 318 Merrill.doc page 1 of 1
INSPECTION SUMMARY
FOR: 318 MERRIL
This is a wood frame single family structure with a detached wood frame
garage. The garage is in need of a new roof, replacement of windows and
some siding repair. The main structure is falling into disrepair and if left
unrepaired will continue to deteriorate from exposure to the weather.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, December 11, 2006
Enforcement# EN060465 Property Address 318 MERRILL AVE
Parcel #24-205-377-0009-10 Owner HUNTINGTON NATIONAL BANK
Inspector: Henry Faltinowski
Date completed: 12/08/2006
DEFICENCIES:
Uncorrected
1. Replace/repair damaged chimney.
2. Replace missing soffit, fascia on roof system.
3. Replace roof shingles on garage -replace missing windows repair
siding.
4. Replace damaged doors and windows.
5. Interior requested by trade inspectors.
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, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
DATE: May 14, 2007
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 #: EN-060464
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
1178 Chestnut Area -13 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: # EN-070007 - 1178 Chestnut
Location and ownership: This structure is located on Chestnut between
Catherine and McLaughlin Streets and is owned by Mark James, 2538
Jameswood Ct., Holland, Ml 49424.
Staff Correspondence: A dangerous building inspection was conducted on
12/08/06. The Notice and Order to Repair was issued on 12/19/06. The HBA on
02/01/07 declared the structure dangerous, substandard and a public nuisance.
The case was scheduled for the City Commission meeting dated April 24, 2007
but was removed from agenda.
Owner Contact: No one was present to represent case for the HBA meeting
dated 02/01/07. No permits have been issued, no inspections scheduled and no
owner contact. The mortgage holder contacted Mark Kincaid in April and
requested more time to assess repairs. There has been no contact since that
time.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $12,900
Estimated cost to repair: $10,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA - 1178 Chestnut(2) (2).docpage 1 of 1
)
INSPECTION SUMMARY
1178 Chestnut
This is a single story wood frame single family dwelling. This
building has numerous broken windows. The exterior of dwelling
is exposed to weather because of missing and damaged siding, the
interior walls appear to be damaged from vandalism. Currently the
roof system appears to be allowing inclement weather to enter the
structure this building is in a general state of disrepair.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, December 11, 2006
Enforcement# EN060464 Property Address 1178 CHESTNUT ST
Parcel #24-205-081-0005-10 Owner JAMES MARK
Inspector: Henry Faltinowski
Date completed: 12/08/2006
DEFICENCIES:
Uncorrected
1. Repair/replace siding on both home and garage.
2. Repair/replace to code roof covering on home and garage - soffit -fascia.
3. Replace broken out doors and windows on home and garage.
4. Replace landings at back exterior to code MRC 2003.
5. Repair damaged foundation walls.
6. Interior requested.
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, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
Z006 12 8
--~
·- --
L __J
----- - i
...p - •
..
DATE: May 11, 2007
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#: EN-040065
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
790 Terrace - 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: # EN-040065 - 790 Terrace
Location and ownership: This structure is located on Terrace between Western
and Clay St and is owned by Promised Land Assoc, 3315 Real St., Houston, TX
77087.
Staff Correspondence: A dangerous building inspection was conducted on
02/16/05. The Notice and Order to Repair was issued on 02/23/05. An interior
inspection was conducted 09/22/06. The case was removed from the HBA April
2005 agenda. The case came before HBA board September 2006 and was
tabled until October 2006 with an interior inspection to be scheduled and provide
timeline. The case came back before the HBA board on October 5, 2006 and
was tabled until March 2007 with property owner to obtain engineering study,
obtain permits and schedule monthly progress inspections. The HBA meeting
dated 03/01/07 declared the structure dangerous, substandard and a public
nuisance.
Owner Contact: Ciggzree Morris, Spencer Norman and Roger Nielson were
present to represent case at the HBA meeting dated 09/7 /06 and submitted an
activity log regarding property. An interior inspection was conducted 09/22/06.
Ciggzree Morris, Spencer Norman, Roger Nielson and Randy Disselkoen were
present for the HBA meeting dated 10/05/06. Mrs. Morris submitted a work
schedule and a discussion of required engineering studies and architect
drawings to stabilize the interior of building was addressed. The case was
tabled until March 2007. A building permit was issued 01/22/07 and extended to
April 1, 2007 to complete structural repairs. No architectural drawings have been
received for the completion of the project and no other permits issued.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA- 790 Terrace.doc page I of2
Financial Impact: General Funds
Budget action required: None
State Equalized value: $18,800
Estimated cost to repair: $15,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA- 790 Terrace.doc page 2 of2
INSPECTION SUMMARY
FOR: 790 TERRACE
This is a two story brick building that was formally used as a restaurant.
Since this file was started in February of 2005 there has been little progress
towards the renovation of this building. Some structural repairs were
completed in March of 2007. Progress on rehabilitation of this structure has
been non-existent since the repairs to the main support beam in March.
There have been a number of contacts from the architect but no plans have
been received and no permits have been issued for the continuation of the
project.
City of Muskegon
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
(231) 724-6715
Tuesday, September 26, 2006
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 790 TERRACE ST Parcel# 24-205-175-0010-00
Owner: PROMISED LAND ASSOC
Inspection Type: DB Interior Inspection Inspector: Don LaBrenz II
Date completed: 09/22/2006
DEFICIENCIES:
Uncorrected
1. Electric Service to be replaced to the code in effect at time of permit.
2. All wiring to comply with the code in effect @ time of permit and use of building.
\:\i,," 3. Structural column removed - re-transfer load to foundation. Engineer needed.
4. Suppression - fire occupant load.
5. Exit emergency lighting.
6. Exiting - and means of egress will be determined by occupant load.
7. Provide drawings of 1st floor with separations for future building levels.
8. Provide hood system & suppression to suit needs.
9. Need blackflow prevention.
10. Bathroom & shower in basement must meet code.
11. Add a drain fixture for condensate tube.
12. New tubing - inspect condensate pump - inspect & certify furnaces & AC -Inspect
furnace venting.
13. Repair drain lines for men & women's restroom.
14. Floor drains - support water piping in basement trap primer.
15. Insure bath vent fans work.
16. Insure toilet facilities meets occupancy.
17. Cap off unused drains & water.
18. B venting to have clearance to combustible.
19. Insure all plumbing is connected & works.
20. Insure S air & R air is to code.
21. Inspect & insure walk-in cooler is in working order.
22. Inspect & certify water heaters.
23. Plug open vent at water heater area.
24. Certify chimney.
25. Supply water to water heaters.
26. All plumbing & mechanical to conform with Mich 2003 Codes.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
HENRY FALTINOWSKI BUILDING INSPECTOR DATE
20 5 2
Becker, Ann
From: Mazade, Bryon
Sent: Friday, May 18, 2007 11 :25 AM
To: Chris Carter; Clara Shepherd; Gawron, Stephen; Kevin Davis; Larry Spataro; Steve
Warmington; Sue Wierenga
Cc: Slaughter, Lee; Becker, Ann; Kleibecker, Tony; Kuhn, Bob
Subject: Travel Writers Visit
Attachments: Geiger visit.doc
Jill Foreman from the Conventions and Visitors Bureau (CVB) contacted me yesterday to let me know that
Muskegon has been selected for a visit by travel writers on June 9th . Attached is information from Jill about this
visit and you will see that this is a very good event for our community. Jill would like the ability to use the beach
somewhere in Pere Marquette Park (probably between Captain Jack's and the Coast Guard station) for a small
beach party. I think we would be able to accommodate this activity quite easily. However, they would also like to
serve alcohol (beer and wine), which is prohibited in City parks unless approved by the City Commission.
Because there isn't another City Commission meeting before this event, I would like to add it to the agenda for the
meeting this Tuesday. Thank you for your consideration and please contact me if you have any questions.
5/18/2007
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