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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 27, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
A. Honorary Ambassador - Robert Andres.
B. Winner of Recycling Logo Contest - Raya Wood.
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Rezoning Request for Property Located at 145 W. Laketon Avenue.
PLANNING & ECONOMIC DEVELOPMENT
C. Amendment to Zoning Ordinance - Add Sidewalk Signs as Exempt
Signs in all Zoning Districts. PLANNING & ECONOMIC DEVELOPMENT
D. Amendment to the Zoning Ordinance - Remove "A-Frame Signs" from
"Prohibited Signs". PLANNING & ECONOMIC DEVELOPMENT
E. Amendment to the Zoning Ordinance - Add a Definition for "Sidewalk
Sign". PLANNING & ECONOMIC DEVELOPMENT
F. Set Public Hearing for Amendment to Brownfield Plan - Heritage Square
Development, LLC. PLANNING & ECONOMIC DEVELOPMENT
G. One Year Extension of Temporary Services Contract with GoodTemps
Temporary Staffing Services. CIVIL SERVICE
H. Traffic Crash Reporting System Use Agreement. PUBLIC SAFETY
I. Purchase of Audio Visual Presentation System. PUBLIC SAFETY
J. Write Off of Invoices for 487 W. Clay. CITY MANAGER
K. Engineering Services for the Design of Drainage Facility at West Branch
of Ruddiman Creek and Vacated Greenwood Street. ENGINEERING
L. Accept Resignations from Various Boards. CITY CLERK
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1497 Division. PUBLIC SAFETY
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shafl do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step fotward 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 MUSl4 R-1
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OSR
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STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject properties from R-1, One Family
Residential, to B-4, General Business, because the request conforms to the goals and
recommendation of the City's 1997 Master Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result from the
approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved?
O:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2007 Approvals\145 W. Laketon.doc 7
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City?
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic sites,
or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are inconsistent with those allowed in
the vicinity?
c. Would the zoning change confer a benefit to the property owner that is not
generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the property located at 145 W. Laketon Avenue from R-1, One
Family Residential district to B-4, General Business district, as described in the public notice, be
recommended for ( approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of
the City Master Land Use and zoning district intent.
O:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2007 Approvals\l45 W. Laketon.doc 8
Commission Meeting Date: November 27, 2007
Date: November 27, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance -Add Sidewalk Signs
as Exempt Signs in All Zoning Districts
SUMMARY OF REQUEST:
Request to amend Section 2334, Signs, #5, o, of Article XXIII (General Provisions) to add
"sidewalk signs" as exempt signs in all zoning districts.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add" sidewalk signs" as exempt signs
in all zoning districts.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/15 meeting. The
vote was unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
11/27/2007
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2236
An ordinance to amend Section 2334 (Signs, #5, o) of Article XXIII (General Provisions) to add
"sidewalk signs" as exempt signs in all zoning districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs, #5, o) of Article XXIII (General Provisions) is amended to add "sidewalk signs"
as exempt signs in all zoning district, as follows:
Amendment to Section 2334, #5, o, Signs, Article XXIII, General Provisions, to add sidewalk
signs to exempt signs.
o. Sidewalk Signs: Sidewall{ signs shall conform to the following regulations:
1) General Requirements.
a. Sign Standards. Sidewalk signs shall conform to the
following regulations:
i. A maximum of one (1) sidewalk sign per individual retail
use/retail service business
(including restaurants) is permitted.
ii. Sign face area shall not exceed a maximum of ten (10) square feet.
The area of a sign shall be measured as the area within a single,
continuous perimeter composed of any straight line geometric
figure which encloses the extreme limits of wiring, representation,
emblem, logo or any other figure of similar character forming an
integral part of the display, excluding only the support or other
structure necessary to support the sign.
iii. Sign face width shall not exceed a maximum of thirty (30) linear
inches as measnred
from the outer edge of the sign support or structure.
iv. Signs shall not exceed a maximum sign height of four (4) feet as
measured from the
highest point of the sign to the finished grade of the ground
immediately beneath the sign.
v. All signs shall be designed and constructed to withstand
reasonable natural weather elements.
vi. Signs shall be designed and constructed to ensure the sign does not
blow over, block walkways, and/or obstruct or interfere with
pedestrian or vehicular traffic. Owner shall be responsible for
maintenance and must take such measures as necessary to secure
the sign including utilizing weighting material or removal during
extreme conditions.
vii. Signs shall be maintained free of peeling paint or paper, fading
staining, rust or other condition which impairs legibility or
intelligibility.
viii. Sign supports, braces, poles and anchors shall be maintained in
such a manner as not to cause a hazard.
ix. If signs are not properly maintained and pose a threat to the
public health, safety and welfare, or are illegally located in the
public right-of-way, the city shall have the right to remove the
sign. Accordingly, the city shall pass on all removal costs to the
owner.
x. No sign shall contain any moving or animated parts, nor have the
appearance of having any moving or animated parts.
xi. All signs shall be of professional quality.
b. Sign Placement. Sidewalk signs shall meet the following placement
criteria:
i. Signs shall be portable and shall not be permanently affixed to
any structure or sidewalk and shall be removed at the end of each
business day.
ii. Signs shall be placed only on sidewalks that are wide enough to
allow for a width of at least five (5) linear feet for the unrestricted
pedestrian movement beyond the placement of the sign.
iii. Signs shall only be placed on the sidewalk in front of the business
it is advertising and shall be limited to one per business.
iv. Signs shall be a minimum of forty-eight (48) linear inches from
any obstructions within the sidewalk right-of-way including but
not limited to newspaper boxes, outdoor tab !es/seating, trees and
tree grates, bicycle racks, trash receptacles, or any other item
impeding pedestrian or wheelchair movement. Sign placement
shall be in conformance with all Americans with Disabilities Act
requirements.
v. Signs shall be a minimum of ten (10) linear feet from a building
corner or pedestrian crosswalk.
vi. Signs shall be placed so the base of the sign is a minimum of ten
(10) linear feet from the base of any other sidewalk sign.
vii. No sign shall be placed in the terrace area between the sidewalk
and street.
viii. If an encroachment agreement is necessary, such agreement shall
be obtained from the City Commission.
c. Lighting and Display Hours. Signs shall not be illuminated and shall be
displayed only during daylight hours between sunrise and sunset.
This ordinance adopted:
Ayes: Wierenga, Wisnesk i. carter. Gawron, sbepberd,-
Spa taro, and Warmington
Nayes: None
Adoption Date:_ _ _N_o_v_e_ m_b_e_r_2_7_,_2_0_0_7_ _ _ _ _ _ __
Effective Date:- - -December 11, 2007
-- - - -- -- - -- - - - --
First Reading: _ _ _N_o_v_ e_m_b_e_r_ 2_7~,_2_0_0_7_ _ _ __ _ __
Second Reading:_ _ N~/_A_ _ _ _ _ __ _ __ _ __ _ _
CITY OF MUSKEGON
Commission Meeting Date: November 27, 2007 - Zoning Ordinance Amendment - sidewalk signs exempt
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
27th day of November, 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: _ November
_ _ _ _ _27_ _, 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 November 27, 2007, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2334 (Signs, #5, o) of Article XXIII (General
Provisions) adding "sidewalk signs" as exempt signs in all zoning 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 December 1, 2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
---------------------------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. IO 1-80400-5354
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 15, 2007
Hearing; Case 2007-44: Staff initiated request to amend Section 2334, #5, Signs, of Article
XXIII, General Provisions, to add "sidewalk signs" as exempt signs in all zoning districts.
BACKGROUND
Staff has received a request from the Lakeside Business District to review our sign ordinance in
order to be more business friendly, especially for small businesses in our community. At this
time, "sandwich board signs" are only allowed in the Clay-Western historic district and the
Lakeside Business District. Both districts have very defined boarders. If your business isn't
located in one of these districts, you may not make use of these types of portable signs. These
signs seem to be a very effective marketing tool to announce special promotions of many kinds.
After several staff discussions, we reviewed an ordinance recently put into place in a neighboring
community for "sidewalk signs" and thought maybe we could make some changes that would
make our sign ordinance more useful to all areas of the City, and so businesses could take
advantage of these types of signs, if they meet specific requirements. Our City Attorney's office
gave us guidance and made suggestions for the proposed language changes.
Staff has received no public comments on this request.
NEW LANGUAGE
Deletions arc erossed olft and additions are in bold:
o. Sidewalk Signs: Sidewalk signs shall conform to the following regulations:
1) General Requirements.
a. Sign Standards. Sidewalk signs shall conform to the
following regulations:
i. A maximum of one (1) sidewalk sign per individual retail
use/retail service business
(including restaurants) is permitted.
ii. Sign face area shall not exceed a maximum of ten (10) square feet.
The area of a sign shall be measured as the area within a single,
7
continuous perimeter composed of any straight line geometric
figure which encloses the extreme limits of wiring, representation,
emblem, logo or any other figure of similar character forming an
integral part of the display, excluding only the support or other
structure necessary to support the sign.
iii. Sign face width shall not exceed a maximum of thirty (30) linear
inches as measured from the outer edge of the sign support or
structure.
iv. Signs shall not exceed a maximum sign height of four (4) feet as
measured from the highest point of the sign to the finished grade
of the ground immediately beneath the sign.
v. All signs shall be designed and constructed to withstand
reasonable natural weather elements.
vi. Signs shall be designed and constructed to ensure the sign does not
blow over, block walkways, and/or obstruct or interfere with
pedestrian or vehicular traffic. Owner shall be responsible for
maintenance and must take such measures as necessary to secure
the sign including utilizing weighting material or removal during
extreme conditions.
vii. Signs shall be maintained free of peeling paint or paper, fading
staining, rust or other condition which impairs legibility or
intelligibility.
viii. Sign supports, braces, poles and anchors shall be maintained in
such a manner as not to cause a hazard.
ix. If signs are not properly maintained and pose a threat to the
public health, safety and welfare, or are illegally located in the
public right-of-way, the city shall have the right to remove the
sign. Accordingly, the city shall pass on all removal costs to the
owner.
x. No sign shall contain any moving or animated parts, nor have the
appearance of having any moving or animated parts.
xi. All signs shall be of professional quality.
b. Sign Placement. Sidewalk signs shall meet the following placement
criteria:
i. Signs shall be portable and shall not be permanently affixed to
any structure or sidewalk and shall be removed at the end of each
business day.
ii. Signs shall be placed only on sidewalks that are wide enough to
allow for a width of at least five (5) linear feet for the unrestricted
pedestrian movement beyond the placement of the sign.
iii. Signs shall only be placed on the sidewall, in front of the business
it is advertising and shall be limited to one per business.
iv. Signs shall be a minimum of forty-eight (48) linear inches from
any obstructions within the sidewalk right-of-way including but
not limited to newspaper boxes, outdoor tab les/seating, trees and
8
tree grates, bicycle racks, trash receptacles, or any other item
impeding pedestrian or wheelchair movement. Sign placement
shall be in conformance with all Americans with Disabilities Act
requirements.
v. Signs shall be a minimum of ten (10) linear feet from a building
corner or pedestrian crosswalk.
vi. Signs shall be placed so the base of the sign is a minimum of ten
(I 0) linear feet from the base of any other sidewalk sign.
vii. No sign shall be placed in the terrace area between the sidewalk
and street.
viii. If an encroachment agreement is necessary, such agreement shall
be obtained from the City Commission.
c. Lighting and Display Hours. Signs shall not be illuminated and
shall be displayed only during daylight hours between sunrise and
sunset.
DELIBERATION
I move that the amendment to Section 2334, #5, (Signs), of Article XXIII, General Provisions, of the
City of Muskegon Zoning Ordinance to add "sidewalk signs" as exempt signs in all zoning districts,
be recommended to the City Commission for (approval/denial).
9
Commission Meeting Date: November 27, 2007
Date: November16,2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Amendment to the Zoning Ordinance - Remove "A-Frame
Signs" from "Prohibited Signs"
SUMMARY OF REQUEST:
Request to amend Section 2334, Signs, #4, i, of Article XXIII (General Provisions) to remove
"A-frame signs" from "Prohibited Signs".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language removing A-
frame signs.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/15 meeting. The
vote was unanimous with T. Harryman, J. Aslakson, S. Wmmington, and B. Smith absent.
11/16/2007
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 2 3 7
An ordinance to amend Section 2334 (Signs, #4, i) of Article XXIII (General Provisions} to
remove "A-frame signs" from "Prohibited Signs".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334, #4, i, to remove A-Frame signs from Prohibited Signs is amended, as follows.
1. Inverted "T" signs with spider legs, with or without wheels where lettering can be changed,
rean-anged or altered (see also definition of"pmiable" sign):
This ordinance adopted:
Ayes:W ieren go , Wisneski, Carter, Gawron, Shepherd, Spataro,
and Warm ington
Nayes: None
Adoption Date: November 27, 2007
Effective Date: December 11, 2007
First Reading: November 27 , 2007
Second Reading: __N_/_A_ _ _ _ _ _ _ _ _ __ _ _ __
CITY OF MUSKEGON
By:~ "--',___-'\"-!WI.A-A \Lulb
Ann Mruie Becker, MMC, City Clerk
Commission Meeting Date: November 27, 2007 - Zoning Ordinance Amendment - remove A-frame signs
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
27th day of November, 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 finther 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: November 27 ,2007. ~ \ ..A~~ &zc.Jl-½
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( l 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 27, 2007, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2334 (Signs, #4, i) of Article XXIII (General
Provisions) to remove "A-frame signs" from "Prohibited Signs".
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 December I, 2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _~
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 15, 2007
Hearing; Case 2007-45: Staff initiated request to amend Section 2334, #4, i, Signs, of Article
XXIII, General Provisions, to remove "A-frame signs" from "Prohibited Signs".
BACKGROUND
Provided that Planning Commission recommends adoption of the previous request for "sidewalk
signs" to be included as exempt signs, the "A-frame signs" would then need to be removed from the
section of the sign ordinance that deal with "Prohibited Signs. It would be recommended that the
"Inverted T signs with spider legs" type of signs remain as prohibited signs. These signs are the ones
that typically have changeable letters and flashing arrows or other lights on the top. Therefore the
proposed language amendment would be as follows:
NEW LANGUAGE
Deletions are eressecl eHt and additions are in bold:
L Pertal3le "A" frame signs, Inverted "T" signs with spider legs, with or without wheels
where lettering can be changed, rearranged or altered (see also definition of "portable"
sign, eirnept fur the fullewfog:
I) A frame signs are pmmittecl in the Clay Western and l'latieruil
R~gister Histeric Districts with Histeric District Cemmissien
appreval.
2) A ftame signs are permittecl in the Lalcesicle Business District (LBD),
vmich is clesc1ibecl as property with frelltage aleng Lalceshere Drive
between Bstes Street te the Bast ancl MeCracken Street te the West.
3) A frame sii-,"fls •.vill be temperary in nature and placecl clirectly in frellt
ef the business it is aclvertising.
4) Signs will be placecl as te allew ftee flmving peclestrian traffic in ftellt
efthe business.
i;9 An A frame sign must be censtructecl sift ef sturcly, clense matmial that
,viii be able te withstancl the ruggecl Muskegen elimate.
6) All A frame signs must aclhere te the clear visien seetien sf the
Zening Orclinanee. (See Sectien 233 4 3,b.)
7) An encreachment agreClllent may be neeessary fur an A frame sign,
vmieh weulcl be ebtainecl frem the City Cemmissien.
8) The square fuetage ef any sign faee shall net eirneecl ten ( 10) square
feet. The faee efthe sign shall not eirneecl fuur (4) feet in length.
5
DELIBERATION
I move that the amendment to Section 2334, #4, i, (Signs), of Article XXIII, General Provisions, of the
City of Muskegon Zoning Ordinance to remove A-Frame signs from Prohibited Signs, be
recommended to the City Commission for (approval/denial).
6
Commission Meeting Date: November 27, 2007
Date: November 16, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cE:::_
RE: Amendment to the Zoning Ordinance - Add a Definition for
"Sidewalk Sign"
SUMMARY OF REQUEST:
Request to amend Article II (Definitions) to add a definition for "Sidewalk Sign".
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add a definition for "Sidewalk Sign".
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11/15 meeting. The
vote was unanimous with T. Harryman, J. Aslakson, S. Warmington, and B. Smith absent.
11/16/2007
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDfNANCE NO. 2 2 3 8
An ordinance to amend Article II (Definitions) to add a definition for "Sidewalk Sign".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II, Definitions, is amended to add a definition for "Sidewalk Sign", as follows":
New#27. Sidewalk Sign: A temporary sign placed on the sidewalk or private property adjacent
to the commercial activity it advertises, that is of either an A-frame or T design and
may be no larger than 10 square feet in display area.
This ordinance adopted:
Ayes: Wierenga, Wisneski, Carter, Gawron , Shepherd, Spa taro,
and Warmington
Nayes: None
Adoption Date: November • 2 7, 2007
Effective Date: December 11, 2007
First Reading: November 27, 2007
Second Reading: __N_/_A_ _ __ _ _ _ __ _ _ _ _ __
CITY OF MUSKEGON
By:~~l\v~~
Ann
~~Jl~
Marie Becker, MMC, CityClerk
Commission Meeting Date: November 27, 2007 - Zoning Ordinance Amendment- sidewalk sign definition
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
27th day of November, 2007, at which meeting a quonun was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I futther ce1tify
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: November 27 ,2007. ~~"-.J(_\~ ~~
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 November 27, 2007, the City Commission of the City of Muskegon
adopted an ordinance to amend Article II (Definitions) to add a definition for "Sidewalk
Sign".
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 December 1, 2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
-------------------------·-----------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. IO 1-80400-5354
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 15, 2007
Hearing: Case 2007-46: Staff initiated request to amend Article II, Definitions, to add a
definition for "Sidewalk Sign".
BACKGROUND
In order to clarify what a "Sidewalk Sign" is, the following definition is proposed to be added to the
Definitions section of the zoning ordinance, with renumbering of the subsequent listed types of signs:
NEW LANGUAGE
Deletions are erossed out and additions are in bold:
New#27. Sidewalk Sign: A tempormy sign placed on the sidewalk or private prope1ty
adjacent to the commercial activity it advertises, that is of either an A-frmne or T
design and may be no larger than 10 square feet in display area.
DELIBERATION
I move that the mnendment to A1ticle II, Definitions, of the City of Muskegon Zoning Ordinance to
remove add a definition for "Sidewalk Sign", be recommended to the City Commission for
(approval/denial).
5
Commission Meeting Date: November 27, 2007
Date: October 29, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cer.---
RE: Set Public Hearing for Amendment to Brownfield
Plan- Heritage Square Development, 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 Heritage Square
Development, LLC, located at 274, 276, 290, & 296 W. Clay and 887 & 889 First St.,
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 residential
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 November 14, 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
January 8, 2008.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2007-99(f)
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 27th day of November, 2007, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and
Spataro.
ABSENT: None.
The following preamble and resolution were offered by Member Carter and
supported by Member Wierengo:
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 Heritage Square
Development, 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 8th of January, 2008 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 January 8,.20O8.,-aLS: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 fcir 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:
Heritage Square Development, LLC
274, 276, 290, & 296 West Clay Ave. and 889 First St
Muskegon, Michigan 49440
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
~ ~"-J~\\~~\A ~JL~
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, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington.
NAYS: None.
RESOLUTION DECLARED ADOPTED.
~,v.(\~~IM ~
Ann Marie Becker, City Clerk
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 November 27, 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.
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
City of Muskegon Brownfield Plan Amendment
November 2007
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
"HERITAGE SQUARE TOWN HOMES"
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03;
7/7/03; 4/20/04; 6/21/04; 9/8/04; 9/5/06; 2/23/07; and 5/15/07.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04;
7/13/04; 7/27/04; 10/12/04; 10/24/06; 3/27/07; and 6/12/07.
City of Muskegon Brownfield Plan Amendment
November 2007
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
8. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
Ill. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27 /03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O'Toole Property (Approved 8/12/03)
H. "The WaterMark" Project (Approved 5/25/04)
I. Northern Machine Tool (Approved July 13, 2004)
J. Terrace Lots Office Building (Approved July 13, 2004)
K. Art Works Apartments (Approved July 27, 2004)
L. Former Muskegon Mall (Approved October 12, 2004)
M. Vida Nova at Edison Landing (Approved 10/10/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/10/06)
0. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved March 27, 2007)
Q. Sidock Building Project (Approved June 12, 2007)
R. Heritage Square Town Homes (Proposed)
City of Muskegon Brownfield Plan Amendment
November 2007
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the "City"), the City established the City
of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381
of 1996, Public Acts of Michigan, as amended ("Act 381 "), and a resolution adopted by
the Muskegon City Commission on February 10, 1998.
The major purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria
("facilities'? or that have been determined to be Functionally Obsolete or Blighted.
Inclusion of property within this Plan can facilitate financing of environmental response
activities, infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide tax incentives to
eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to promote
economic growth fro the benefit of the residents of the City and all taxing units located
within and benefited by the Authority.
This plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to each site included in the Plan, as well as property-specific
information for each project. The applicable Sections of Act 381 are noted throughout
the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as
amended. Additional information is available from the City Manager.
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1 /Ca//
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City's general fund. Subsequent amendments to the Plan are
funded by the person requesting inclusion of a project in the Plan.
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with any eligible tax
increment revenues collected pursuant to the Plan, in accordance with the provisions of
Act 381, including, but not limited to:
City of Muskegon Brownfield Plan Amendment
November 2007
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, including legal fees, and
iii) costs for Plan implementation
Tax increment revenues that may be generated and captured by this plan are identified
in the site-specific sections of this Plan. As noted above, most costs related to the
preparation of Plan amendments are borne by the person requesting inclusion of a
project within the Plan.
B. Method for Financing Costs of Plan (Section 13(1/(d) and (e)))
The Authority does not intend at this time to incur debt, such as through the issuance of
bonds or other financing mechanisms. In the future, the City or Brownfield Authority may
incur some debt on a site-specific basis. Please refer to the site-specific section of this
Plan for details on any debt to be incurred by the City or Authority. When a property
proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of
eligible activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific section
of the Plan.
C. Duration of the Brownfield Plan (Section 13(11(0/
The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific eligible property, or
thirty (30) years from the date of approval of the Plan as it relates to an individual site,
whichever is less. The total costs of eligible activities include the cost of principal and
interest on any note or obligation issued by the Authority to pay for the costs of eligible
activities, the reasonable costs of a work plan or remedial action plan, the actual costs of
the Michigan Department of Environmental Quality's or Michigan Economic Growth
Authority's review of the work plan or remedial action plan, and implementation of the
eligible activities.
D. DisplacemenURelocation of Individuals on Eligible Properties
(Section 13(1/i, i,k,1/)
At this time, eligible properties identified in this Plan do not contain existing residences,
Therefore the provisions of Section 13(1 )(i-I) are not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8; Section 13(1 )(m))
At the time this Plan includes a property for which taxes will be captured through the
increment financing authority provided by Act 381, it is the Authority's intent to establish
a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax
increment revenues that exceed the costs of eligible activities incurred on an eligible
property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture
of tax increment revenue from an eligible property for up to 5 years after the time that
capture is required for the purposes of paying the costs of eligible activities identified in
the Plan. It is the intention of the Authority to continue to capture-tax--im:rement
City of Muskegon Brownfield Plan Amendment
November 2007
revenues for 5 years after eligible activities are funded from those properties identified
for tax capture in the Plan. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for
eligible activities under this Plan. It may also include funds appropriated or otherwise
made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private
parties for the costs of eligible activities at eligible properties and other costs as
permitted by Act 381. It may also be used for eligible activities on an eligible property for
which there is no ability to capture tax increment revenues. The establishment of this
Revolving Fund will provide additional flexibility to the Authority in facilitating
redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
November 2007
Ill. SITE SPECIFIC PROVISIONS
R Heritage Square Town Homes
Eligibility and Project Summary (Sec. 1311 )(hll
The eligible property included in this plan is located in the new Muskegon City Center,
occupying the entire block of Clay Avenue from Second to First Streets: 274, 276, 290,
& 296 West Clay, and 887 & 889 First Street, Muskegon, Michigan. The legal
description of the property is:
Units 16, 17, 18, 19, 20, and 21, Downtown Muskegon Development Center No.
1, a site condominium according to the Master Deed dated May 31, 2006 and
recorded June 2, 2006 in Liber 3702, Page 204 and designated as Muskegon
County Condominium Subdivision Plan No. 160, together with rights in general
common elements and limited common elements, as set forth in the above
Master Deed and as designated in Act 59 of the Public Acts of 1978, as
amended.
Heritage Square Town Homes is a sixteen-unit, row house style, live-work, residential
concept proposed for downtown Muskegon. As a work-live development, the project has
the potential to create or retain between twelve and twenty-four permanent jobs, in
addition to a minimum of another $1.25 million in construction labor and consultants.
Total private investment is approximately $5 million. This redevelopment of a brownfield
site will incorporate sustainable development elements such as rain gardens for
stormwater management, green roofs on portions of the residences, and preservation of
green space, as shown on the site plan. (See Attachment R-1} The site is
approximately 1.3 acres and is located across the street from an existing residential
development. The project will include indoor parking for residents and additional on-site
parking for guests.
There are currently several different housing options offered in downtown Muskegon.
Heritage Square Town Homes is different from, but complementary of, the other
available options. For downtown Muskegon to be a vibrant, twenty-four/seven
community, both retail and residential must thrive. A variety of housing options, resulting
in a good blend of residents, is also essential to a successful downtown. Muskegon
already has New York-style loft condos, other affordable and market-rate apartments,
public housing, up-scale waterfront living, senior housing, high-rise, modern-living
condos, and now an upscale, live-work option. The row-house style design is also
unique to the Muskegon area.
Eligible activities have already been undertaken on the Heritage Square property. The
property has been determined to be eligible property as defined by Act 381 through
information obtained from a Phase I Environmental Site Assessment (ESA}, Phase II
ESA, and Baseline Environmental Assessment (BEA} conducted by Prein and Newhof in
August 2007 through the City's Site Assessment Fund program. The BEA concludes
that the property is a Part 201 "facility" based on the presence of Volatile Organic
Compounds and certain heavy metals that exceed Michigan cleanup criteria in soil
samples, and manganese exceeding drinking water criteria in groundwater. To address
City of Muskegon Brownfield Plan Amendment
November 2007
these site conditions, Prein and Newhof also developed a Due Care Plan to prevent
exacerbation of these environmental conditions during construction, and to assure there
are no unacceptable exposures during site construction and final site use. This eligible
property includes all real and personal property.
Eligible Activities, Financing, Cost of Plan (Sec. 13/1l(aUbUcUdUg))
Eligible activities have already been conducted on the Heritage Town Homes property
and included preparation of a Baseline Environmental Assessment and Section 7a (Due
Care) Compliance Analysis. As such, there are no eligible costs proposed to be
financed with tax increment revenues. Further, there are no costs to the City of
Muskegon or its taxing jurisdictions as a result of the Heritage Square Town Homes
project being included in this Plan.
The Heritage Square Town Homes project is included in this Plan to enable qualified
taxpayers, as defined by Section 437(31)(m) of Michigan Public Act 36 of 2007, the
Michigan Business Tax Act, to avail themselves of eligibility for a credit against their
Michigan Business Tax liability for eligible investments as defined by P.A. 36 of 2007.
Eligible investment includes demolition construction, restoration, alteration, renovation,
or improvement of buildings or site improvements on eligible property and the addition
of machinery, equipment, and fixtures to eligible property after the effective date of this
Plan, and after the date the State pre-approval letter is issued, if the costs of the
eligible investment are not otherwise reimbursed to the qualified taxpayer or paid for
on behalf of the taxpayer from any source other than the taxpayer.
An amendment to the Muskegon Brownfield Plan for the entire Muskegon City Center
parcel (one entire parcel at the time the amendment was adopted) was approved by the
Muskegon City Commission on October 12, 2004. That Brownfield Plan Amendment
was drafted and approved to accommodate state and local Brownfield tax increment
financing to fund construction of the infrastructure for the new City Center. There were
no specific economic development projects identified at the time; rather, the business
plan for the Muskegon City Center redevelopment was used to estimate future tax
increments.
Specific parcels are now being sold within the City Center. As parcels are developed,
the individual parcel must stand on its own with respect to its Part 201 "facility" status, for
purposes of the Brownfield Michigan Business Tax Credit. These new projects, such as
Heritage Square Town Homes, are added to the Muskegon Brownfield Plan through
amendments, specific to that redevelopment plan, and adopted solely for the purposes
of the Brownfield Michigan Business Tax credit. Any tax increments that will be
generated from the individual projects (after the Renaissance Zone status has expired)
may be used to reimburse or finance infrastructure. This Heritage Square Town Homes
project is included as an amendment to the Muskegon Brownfield Plan, which is part of
the Muskegon City Center project, adopted by the Muskegon City Commission on
10112/04.
Effective Date of Inclusion in Brownfield Plan
The Heritage Square Town Homes project was added to this Plan on
City of Muskegon Brownfield Plan Amendment
November 2007
ATTACHMENT R-1
SITE PLAN
HERITAGE SQUARE TOWN HOMES
MUSKEGON, MICHIGAN
-- 1331::U.S GNO:J:!S
City of Muskegon
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING HERITAGE SQUARE DEVELOPMENT, LLC
BROWNFIELD PLAN AMENDMENTS
Minutes of a special meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held in the afternoon on the
13th day of November 2007, at 12:00 o'clock p.m., prevailing Eastern Time.
PRESENT: Members
Fethke, Plichta, Edbrooke, Kleaveland, Vaughan, Johnson
ABSENT: Members
VanderWier, Bottomley, Mazade
The following preamble and resolution were offered by Member Vaughan and
supported by Member Plichta
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381 "}, a copy of which is on file with the Secretary of the City
of Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS, the Authority is authorized to approve amendments to the Brownfield Plan
and recommends the amendment to add Heritage Square Development, LLC, for approval to
the City of Muskegon, County of Muskegon, State of Michigan (the "City").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendments and recommends approval of the Brownfield Plan
Amendments by the Muskegon City Commission.
2. Public Hearing. The Board hereby requests the Muskegon City
Commission to provide a notice of Public Hearing on the proposed Brownfield Plan
Amendments, and further requests that such hearing notice be provided to all taxing
jurisdictions. Notice of the time and place of the hearing shall be given by publication
twice, the first of which shall be not less than 20 or more than 40 days before the date
set for the hearing.
3. Deliver Resolution and Brownfield Plan to City. The Secretary of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan
Amendments to the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendments, the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons
from the adoption of this resolution and Brownfield Plan Amendments. The Authority
makes no guarantees or representations as to the determinations of the appropriate
state officials regarding the ability of the owner, developer or lessor to qualify for a single
business tax credit pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or
as to the ability of the Authority to capture tax increment revenues from the State and
local school district taxes for the Brownfield Plan, if applicable.
5. Repealer. All resolutions and parts of resolution in conflict with the provisions of
this resolution are hereby repealed or amended to the extent of such conflict.
AYES: Fethke, Plichta, Edbrooke, Kleaveland, Vaughan, Johnson
N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
NAYS: __
-2-
RESOLUTION DECLARED ADOPTED.
Margaret ichta, Secretary
Brownfiel Redevelopment Authority
-3-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the Board of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon,
State of Michigan, at a special meeting held on November 13, 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, and that the minutes of
said meeting were kept and will be or have been made available as required by said Act
Margaret ichta, Secretary
Brownfield Redevelopment Authority
-4-
AGENDA ITEM
City Commission Meeting November 27, 2007
TO: Honorable Mayor and City Commissioners
FROM: Karen A. Scholle, Civil Service Personnel Director
DATE: November 13, 2007
RE: One Year Extension of Temporary Services Contract with
GoodTemps Temporary Staffing Services
SUMMARY OF REQUEST:
For the past three years (2005-2007) the City has contracted with GoodTemps Temporary
Staffing Services, a division of Goodwill Industries, for its contingent workforce needs. The
relationship with GoodTemps has been a very successful one, as evidenced by consensus of
managers indicating their desire to continue the City's association with them.
The advantages of remaining with GoodTemps include:
• There will be no increase in the mark-up by GoodTemps, which will remain at 33.5% of the
position pay rates.
• Maintaining the very flexible working arrangement achieved with GoodTemps.
• Continuance of ability to contract out additional positions such as Lifeguard and Playground
Leader, which other temporary services will not agree to due to corporate restrictions.
FINANCIAL IMPACT:
Seasonal and temporary services are projected to cost approximately $600,000 during 2008.
BUDGET ACTION REQUIRED:
Financial resources allocated for in the 2008 budget.
STAFF RECOMMENDATION:
Staff recommends and requests approval of a one-year extension of the City's contract with
GoodTemps Temporary Staffing Services.
City Commission Meeting
Tuesday, November 27, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker, Director of Public Safety
DATE: November 18, 2007
SUBJECT: Traffic Crash Reporting System Use Agreement
Summary of Request:
The Director of Public Safety is requesting approval to enter into an agreement with the
Michigan State Police which will allow for the electronic submission of traffic crash data.
This method of submitting data is now possible as a result of the implementation of the
new county-wide records management system.
Financial Impact:
None
Budget Action Required:
None
Staff Recommendation:
Approval of the agreement.
Rl-039 (06/2006) Return Completed Form to: Criminal Justice Information Center
MICHIGAN STATE POLICE Traffic Crash Reporting Unit
Criminal Justice Information Center 7150 Harris Road A-1
Lansing, Michigan 48913
Telephone: (517) 322-1952
Fax: (517) 322-5232
TRAFFIC CRASH REPORTING SYSTEM
USE AGREEMENT AND GUIDELINES
FOR ELECTRONIC CRASH DATA CERTIFICATION
The certification process provides guidelines that the law enforcement agency must follow before
certification is obtained and electronic crash data can be submitted to the Michigan State Police,
Traffic Crash Reporting System.
The MlgHIGAN STATE POLICE (MSP) agrees to:
Solely and exclusively, provide and select the equipment to maintain the Traffic Crash
Reporting System (TCRS) at a state maintained facility in order to provide the services
specified in this agreement. All maintenance and financial responsibilities for the TCRS
will remain the sole responsibility of the MSP.
• Provide the Vendor/Agency Certification Process Guide to outline the required
specifications for electronic crash data submission. Conduct testing and provide
feedback to the vendor and/or Agency as requested.
• Assist the Agency and/or vendor, if requested, in developing processes for electronic
crash reporting.
• Conduct a certification process over a 30 to 90 day period which includes monitoring of
all five categories and providing a PASS/FAIL status for each. The certification process
is determined by MSP based on type and number of submissions.
• Provide a Certification Letter to the Agency, with a copy to the vendor if requested, after
successfully completing the certification period with a PASS status in all five categories.
• Provide a six month notification to the vendor and Agency when modifications and/or
upgrades will be made to the TCRS that require a change in the crash data collection
program.
• Provide telephone support for questions involving the submission of electronic crash
data. Support will be available by calling the MSP, Traffic Crash Reporting Unit, at
(517) 322-1952, Monday through Friday, 8:00 a.m.-5:00 p.m.
• Conduct periodic audits at the Agency to ensure that the use and dissemination of
information received is in compliance with policies and guidelines.
• Store the crash data and image on a server for ten years from the crash date .
ALJTHORITY: MCL 257.622
COMPLIANCE: Voluntary, however failure
to complete agreement will result in denial
of request.
Page 1 of 3
The LAW ENFORCEMENT AGENCY (AGENCY) agrees to:
• Within a six week period, prior to beginning the certification process (your first electronic
data submission), sign and return this Agreement. If the first electronic data submission
is not received within the six week period, a new User Agreement will be required.
• Designate an individual within their agency to act as the liaison for the MSP. This
person will be responsible for, or act as:
• The single point of contact for the MSP.
• Coordinating the start-up and any upgrades to the system.
• Coordinating distribution of upgrades to laptops and other off-line computers.
• Distributing training materials and other operating publications to users.
• Ensuring all personnel are properly trained prior to accessing the software.
• Ensure compliance with current or future TCRS policies and guidelines including:
• All stipulations contained in this agreement or as amended.
• Quality of records/information entered into the system.
• Security of the system.
• The conversion and entry of data being sent uses the proper codes, procedures
and techniques developed.
• Ensure wherever information is collected, stored or disseminated, the following security
requirements are complied with:
• The agency will be responsible for ensuring the data is stored in a secure
environment and submitted daily to the TCRS. All rules pertaining to the Driver
Privacy Protection Act (257.208 and 257.232) and Freedom of Information PA
442 of 1976 will be followed.
• Institute and document a policy to prevent unauthorized attempts to penetrate the
system and the crash data information.
• Authorize the MSP staff to conduct periodic audits at the agency to ensure that
the use and dissemination of information received is in compliance with policies
and guidelines.
• Maintain and assume all financial responsibilities, if applicable, for the equipment
necessary to transmit the crash data.
• Ensure compliance to all guidelines set forth by the MSP in the Vendor/Agency
Certification Process Guide.
• Agree to work with the MSP through the certification process for authorized submission of
electronic crash data to the TCRS. The certification process period will be determined by
MSP.
• During the certification process, send all data files to the specified FTP site and via e-mail
to individuals identified at the MSP.
• Collect all crash data currently captured on the MSP UD-10 form and send daily to the
TCRS. This should include the narrative and crash diagram where applicable.
• Ensure modifications to crash data collection software will be performed within six
months of being notified by the MSP. Refer to Section 2 of the Vendor/Agency
Certification Process Guide for further information on additional processes that will occur.
• Ensure data provided to the TCRS is relevant to the traffic safety process.
Page 2 of 3
COMPLIANCE:
If the MSP determines that the Agency is not complying with the above mentioned requirements,
the MSP reserves the right to immediately place the agency back in certification status. If the
Agency is returned to certification status, all transmitted edits and submitted crash reports will be
reviewed by the MSP to determine the reason for noncompliance. To bring the Agency back into
compliance, the MSP may require the Agency to provide both an electronic file to the FTP site
and a file via e-mail for review. Corrections will be made to the crash data and the Agency's
program until all electronic data submission guidelines are met.
TERMS OF AGREEMENT:
This agreement shall be effective upon signature of both parties and will continue for an indefinite
period of time. This agreement may be terminated in writing by any one of the signatories at any
time.
For the LAW ENFORCEMENT AGENCY:
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ __
Printed/typed name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title and Agency: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
For the MICHIGAN STATE POLICE:
Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date _ _ _ _ _ __
Printed/typed name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Page 3 of 3
CITY COMMISSION MEETING
Tuesday, November 27, 2007
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DA TE: November 18, 2007
SUBJECT: Purchase of Audio Visual Presentation System
SUMMARY OF REQUEST:
Public Safety staff request that the commission approve the purchase of an audio visual
presentation system for the community room at Central Fire. This room will be utilized
for not only fire but police training as well. Bids have been solicited for this system. We
could only locate two vendors in the region who provide these systems. Only one of the
vendors responded. Central Interconnect Inc., of Grand Rapids submitted a bid of
$8,969.12 for the system. In speaking with other agencies we found this bid to be
appropriate for similar systems that have been installed.
FINANCIAL IMPACT:
Funds from the Criminal Forfeiture account will be used to pay for this system.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval of this request.
'/
Page 1 of 2
Quotation
1425 Coit Ave NE phone 6 I 6.458.2999
Grand Rapids, Ml 49505 fax 616.458.6524
r ~
City of Muskegon l 0/1/2007
980 Jefferson St.
PO Box 536 Training Room Presentation System
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Pro sed Shi DIUe Person Contaeled
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Central Interconnect will provide and install a new Audio Visual Presentation system in the new
Fire Station Training Room. The system will be fully warranted for one year from substantial completion
for parts and labor. There will be a new wide screen projector mounted from the ceiling in the center
of the room near the provided AC outlet. An amplifier mounted on the pole with the projector will
power 9 flush mounted distributed ceiling speakers for the audience to hear the program material evenly.
The AV sources will be selected with the projector remote control. There will be a VCR/DVD with
ATSC cable tuner, and 2 computer cables installed in a new provided portable wood podium. The podium
equipment will be wired thru a flexible cable loom to a disconnect panel on the wall with labeled and
color coordinated input jacks. The wall panel disconnect will be flush mounted in the wall and the
wires will be fished into the wall and concealed in the ceiling to the projector. We will mount a new
manual pull cord projection screen on the wall adjacent to the ceiling for a clean projection surface.
The system will consist of the following equipment:
Panasonic PT-FWI00NTU 3000 Lumen, WXGA l 280x800 Projection System
Chief Suspended Ceiling Custom Mounting System
Draper Silhouette/M Wall mount, HiDefGrey 52x92 Manual Projection Screen
Atlas PA702 Pole mount amplifier
9 Atlas FAP62T Flush Mount Ceiling Speaker System
FSR Custom Wall mount disconnect panel
Central Custom Disconnect to Projector Cabling
- continued on next page •
• Cancellations Subject to 11 20% Reslocking Charge Quo1e is Valid for 30 Days
This quotation is hereby accepted on this d a t e - - - - - - - - - ~
and submitted as an ortler.
H~J.~
Accepted by: Name & Title (616)732-1034
Page 2 of 2
Quotation
1425 Coit Ave NE phone 616.458.2999
Grand Rapids, M[ 49505 fax 616.458.6524
,
City of Muskegon 10/1/2007
980 Jefferson St.
PO Box 536 Training Room Presentation System
~
,
l't"""Sed Shio Date Pe.son Contacted Phone# Customer POii
I Dennis Lord I (23 I) 724-6309 I
VF! LE3050 Mobile Lectern - Light Oak
w/ Folding Shelf Option
LG RC797T DVDNHS/Cable Tuner Combo Deck
Central Custom Podium to disconnect umbilical cable
w/ Flexible fabric cable loom enclosure
Central Custom Misc. Connectors and Equipment for a
complete and working system.
Total Installed Price $8,969.12
Freil!ht Prepaid and Billed
• Canc.el!ations Subject to a 2o•v~ Restocking Charge Quote is Valid for JO Days
This quotation is hereby ae<:epted Oil this date _ _ _ _ _ _ _ _ _ _,
and submitted as an order.
H.dMlJ.~
Accepted by: Name & Title (616)732-1034
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Date: November 27, 2007
To: Honorable Mayor and City Commissioners
From: City Clerk, Ann Marie Becker
RE: Accept Resignations from Various Boards
SUMMARY OF REQUEST: To accept the resignation of Christopher
VanOosterhout from the Downtown Development Authority and of Mary Jo
Mccann from the Muskegon Housing Commission.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept resignations.
COMMITTEE RECOMMENDATION: The Community Relations Committee
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recommended acceptance of the resignations at their November 5 meeting.
AGENDA ITEM NO. _ _ _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
November 19, 2007
Write Off of Invoices for 487 W. Clay
SUMMARY OF REQUEST:
To write off invoices in the amount of $965.37 for 487 W. Clay. The property has a new owner
(The Muskegon Heritage Association) and they have requested that they not be held
responsible for these costs. This action is consistent with the City Financial Policies with
respect to adjusting uncollectible accounts.
FINANCIAL IMPACT:
$965.37
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION
None.
pb\AGENDA\WRITE OFF INVS 487 W CLAY 111907
Date: November 27, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services for the Design of Drainage facility @:
West Branch of Ruddiman Creek & Vacated Greenwood Street
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Prein & Newhof to
perform the design services to replace the existing culvers at the westerly branch of
Ruddiman Creek at vacated Greenwood street. The $14,828.50 of not to exceed fee will
be shared between the cities of Norton Shores, Roosevelt Park and the city of Muskegon
based on a previously established percentages.
Prein & Newhof is being recommend after review of five (5) proposals that were received
based on their fee, hours and scope of services.
FINANCIAL IMPACT:
The City's share of about 34 % of the fee.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an engineering services agreement with P & N contingent upon
concurrence by the other involved cities' approval.
COMMITTEE RECOMMENDATION:
DATE: November 16, 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-070067
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
1497 Division• Area 12 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-070067 1497 Division
Location and ownership: This structure is located on Division between Grand
and Southern Streets and is owned by Anthony Gomez, 16500 Hickory St,
Spring Lake, Ml 49456.
Staff Correspondence: A dangerous building inspection was conducted on
04/04/07 and the Notice and Order to Repair was issued on 04/09/07. On
06/07/07 the HBA tabled case until August 2007 meeting. On 08/02/07 the HBA
declared the home to be dangerous, substandard and a public nuisance. The
case was scheduled to come before the City Commission September 25, 2007
but was removed from agenda due to death in family of owner.
Owner Contact: Anthony Gomez was present for HBA case dated 06/07/07
stating he planned to rehab home but wouldn't be available to start work until
July 2007. The HBA board advised interior inspection needs to take place and
then provide timeline and then apply for permits. Mr. Gomez was not present for
the HBA meeting dated 08/02/07. A interior inspection was scheduled for
08/28/07 but no one was there. Owner scheduled another interior inspection that
was conducted 10/02/07. There has been no owner contact since that time, no
timeline submitted and no permits issued.
Financial Impact: CDBG
Budget action required: None
State Equalized value: $27,700
Estimated cost to repair: $ 20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
O:\Inspcctions\Grabinski_Lorraine\Word\CC MEETINGS\Agenda 1497 Division.doc page 1 of 1
INSPECTION SUMMARY
FOR: 1497 Division
This is a two story wood frame, two family dwelling. This building currently does not
have a current Certificate of Compliance. The front porch foundation is failing and the
roof is sagging. The back and front porches must be repaired or replaced to meet code.
An interior inspection was scheduled by the property owner for August 28, 2007, but no
one met the inspectors to open the building. A interior inspection was scheduled and
conducted 10/02/07. To date, no timeline for repairs has been submitted, no permits have
been applied for or issued.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, April 9, 2007
Enforcement# EN070067 Property Address 1497 DIVISION ST
Parcel #24-205-486-0019-00 Owner GOMEZ ANTHONY S
Inspector: Henry Faltinowski
Date completed: 03/30/07
DEFICENCIES:
Uncorrected
1. Foundation failing on front porch 1497 structural damage.
2. Roof sag on front porch.
3. Missing siding.
4. Back porch loaded on lower roof not to code on bearing points rebuild to
code.
5. Guardrails and handrails not to code.
6. Repair chimney
7. Roof soffit falling out.
8. Interior 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
CITY OF MUSKEGON
933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
1497 DIVISION ST
10/02/2007
Inspection noted:
Uncorrected
1. Pressure test gas line.
2. Inspect & repair basement plumbing.
3. Inspect & certify water heater & furnaces & chimney.
4. Clean ductwork.
5. Apt #1 - Repair replace kitchen & bath plumbing.
Laundry in bathroom
Provide return air
6. Apt #2 Scald free faucet for shower .
Inspect & repair plumbing to insure no leaks or plugs.
7. Inspect & certify unit heater & chimney connection.
8. Bathrooms to have vent fans.
9. Repair/replace damaged light fixtures.
10. Insure grounding @ all 3-wire plugs.
11. Provide GFI protection to code.
12. Repair all damaged wiring.
13. Install smoke alarms to code.
14. Repair any loose outlets.
15. Apt #1 - Numerous holes in walls, ceilings, broken out windows - frames replace to
MRC 2003 Code.
16. Upper bedroom floor structurally unsound rebuild to MRC 2003 Code floor loads.
17. Replace all damaged wall and floor coverings.
18. Repair or replace damaged doors and hardware.
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
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