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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 27, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
ROLL CALL:
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. FIRST READING: Vehicles for Hire Ordinance Amendment. CITY
CLERK
c. Annual Taxicab License Renewal. CITY CLERK
d. Refuse Cart Purchase 2003. PUBLIC WORKS
e. Approval of Agreement with the West Michigan Criminal Justice
Training Consortium. POLICE DEPARTMENT
f. Use of Old City Logo. LEISURE SERVICES
g. Sale of North 20' of Buildable Lot on Hoyt Street. PLANNING &
ECONOMIC DEVELOPMENT
h. Partial Termination of Lease Agreement - Nelson Park. Parcel B.
PLANNING & ECONOMIC DEVELOPMENT
i. FIRST READING: Rezoning Request for Property Located at 1750 and
1752 Seventh Street. PLANNING & ECONOMIC DEVELOPMENT
j. FIRST READING: Rezoning Request for Property Located at 986 E.
Keating Avenue. PLANNING & ECONOMIC DEVELOPMENT
k. FIRST READING: Rezoning Request for Property Located at the SW
Corner of Division Street & Western Avenue. PLANNING &
ECONOMIC DEVELOPMENT
I. Request for Preliminary Planned Unit Development Approval for the
SW Corner of Division Street and Western Avenue. PLANNING &
ECONOMIC DEVELOPMENT
m. Request for Final Planned unit Development Approval for Phase I of
the Proposed Development at the SW Corner of Division Street and
Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
n. Request for Amendment to Planned Unit Development for Edison
Landing (Smartzone). PLANNING & ECONOMIC DEVELOPMENT
o. MML - Annual Membership Dues (7 /1 /03-6/30/04}. CITY MANAGER
PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District
- Graphics Unlimited. PLANNING & ECONOMIC DEVELOPMENT
b. Amendment to Brownfield Plan - Verplank Dock Co. PLANNING &
ECONOMIC DEVELOPMENT
NEW BUSINESS:
a. FIRST READING: Rezoning Request for Various Properties to the 'MC'
Medical Care Zoning District. PLANNING & ECONOMIC SECOND
READING REQUIRED.
Date: May 27, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, May 12, 2003; and the Regular
Commission Meeting that was held on Tuesday, May 13, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 27, 2003
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 5:30pm, Tuesday, May 27, 2003.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which
members of the City Commission and members of the public joined in reciting the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
• Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-43 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession held on
Monday, May 12, 2003, and the Regular Commission Meeting held on Tuesday, May 13,
2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Vehicles for Hire Ordinance Amendment. CITY
CLERK
SUMMARY OF REQUEST: This request is to amend the insurance requirement from
$1,000,000.00 coverage to $100,000.00 for injury to or death of, one person, and
$300,000.00 for injury to, or death of, more than one person resulting from a single
accident, and $100,000.00 for damage to property, including personal belongings or
baggage of passengers, as a result of one accident.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the ordinance amendment.
c. Annual Taxicab License Renewal. CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield
Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Mi. Mr. Wakefield
is requesting approval of a license to operate 10 taxicabs for both Port City Cab
Company and Yellow Cab Company. The Muskegon Police Department has inspected the
taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of 10 taxicabs.
d. Refuse Cart Purchase 2003. PUBLIC WORKS
SUMMARY OF REQUEST: To authorize the purchase of 525 carts from Toter Incorporated
for use as replacements as needed. This purchase would restock our inventory of
replacements we keep on hand for damage carts. We are requesting approval for
placing the order now with delivery anticipated four to six weeks. Currently the
sanitation Department has 65 carts in stock.
FINANCIAL IMPACT: Unit cost per cart $42.00 (525 per truckload) = $22,050.
BUDGET ACTION REQUIRED: This purchase to be charged to the 2003 Sanitation Budget.
Account #101-60523-5700 (capital outlay: equipment)
STAFF RECOMMENDATION: Staff recommends approval of the purchase.
e. Approval of Agreement with the West Michigan Criminal Justice
Training Consortium. POLICE DEPARTMENT
SUMMARY OF REQUEST: Police Department staff request that the Commission approve
an agreement between the City of Muskegon and Grand Valley State University (GVSU)
whereby GVSU will provide training for the Muskegon Police Department through as
entity known as "The West Michigan Criminal Justice Training Consortium".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
f. Use of Old City Logo. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to send a letter to allow Steve Sulley to use
the old City logo for use with the Women's Baseball Anniversary.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
i. FIRST READING: Rezoning Request for Property Located at 1750 and
1752 Seventh Street. PLANNING Et ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Keene Lumber Co.,
located 1750 and 1752 Seventh St., from R-1, Single-Family Residential to B-4, General
Business.
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 the 5/15 meeting. The vote was unanimous.
j. FIRST READING: Rezoning Request for Property Located at 986 E.
Keating Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Robert Edward Hickel,
located at 986 E. Keating Ave., from B-4, General Business to R-1, Single-Family
Residential.
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 5/ 15 meeting. The vote was unanimous.
k. FIRST READING: Rezoning Request for Property Located at the SW
Corner of Division Street & Western Avenue. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by P&G Holdings located at
the SW corner of Division St. and Western Ave. (former Shaw-Walker complex), along
with an associated parking lot across Division St., from 1-2 General Industrial to 1-1,
Light Industrial.
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 5/15 meeting. The vote was unanimous.
1. Request for Preliminary Planned Unit Development Approval for the
SW Corner of Division Street and Western Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development approval of
the former Shaw Walker property, for a mixed-use commercial and residential
development, in five phases. The request is from P&G Holdings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD provided
that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended preliminary
approval of the PUD, with the conditions listed on the resolution, at the 5/15 meeting.
The vote was unanimous.
m. Request for Final Planned unit Development Approval for Phase I of
the Proposed Development at the SW Corner of Division Street and
Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase I of the Planned Unit
Development and associated site, and landscape plans for the former Shaw Walker
complex at Division St. and Western Ave., for a mixed-use commercial and residential
development. The request is from P&G Holdings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final PUD approval for Phase I and
approval of the associated plans provided that the conditions listed in the resolution are
met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final approval
of Phase I of the PUD and associated plans, with the conditions listed on the resolution,
at their regular meeting on 5/15. The vote was unanimous.
n. Request for Amendment to Planned Unit Development for Edison
Landing (Smartzone). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for Edison
Landing (Smartzone), to change the locations and scale of various proposed buildings
and to change use mix and quantity.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request, with the
conditions outlined in the resolution.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 5/15 meeting. The vote was unanimous.
o. MML - Annual Membership Dues (7/1/03-6/30/04). CITY MANAGER
SUMMARY OF REQUEST: To obtain permission from the City Commission, in accordance
with the purchasing Policies and Procedures, to pay MML Annual Membership Dues for
July 1, 2003, through June 30, 2004.
FINANCIAL IMPACT:
MML Membership Dues: $ 8,689
Environmental Affairs Assessment: $ 1,043
Legal Defense Fund Membership: $ 869
Total Dues: S10.601
BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
Consent Agenda, minus items h and g.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nay: None
MOTION PASSED
2003-44 ITEMS REMOVED FROM CONSENT AGENDA
g. Sale of North 20' of Buildable Lot on Hoyt Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of portion of a vacant buildable lot
described as Terrace Street Addition, North 20 feet of Lot 20, Block 3 (portion of 1938
Hoyt Street) to Lawrence and Ruby Burt, 1916 Hoyt Street, Muskegon, Ml 49442.
Community and Neighborhood Services owns 1938 Hoyt and is willing to sell the North
20' of it to the adjacent property owner. Approval of this sale will allow the adjacent
property owner to expand their current yard. As is required by City policy, the subject
parcel is being offered for $100 to Lawrence and Ruby Burt.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize both the Mayor and
the Clerk to sign the resolution and QuitClaim Deed.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the
sale of a portion of a City owned buildable lot, at 1938 Hoyt St. to Lawrence and
Rube Burt of 1916 Hoyt, Muskegon and to have the Mayor and Clerk sign the
Resolution and QuitClaim Deed.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
h. Partial Termination of Lease Agreement - Nelson Park, Parcel B.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 1994, the City of Muskegon and the Roman Catholic Diocese
of Grand Rapids, entered into a lease for property in the vicinity of the former St.
Joseph's Church. The City developed a neighborhood park on Parcel A. Parcel B was
also included in the lease. The intention for this parcel was to be used for additional
parking for the park. This parking area was never developed, and is not needed at this
time. Meanwhile, St. Joseph's Church has been demolished and the Diocese is
proposing to sell the property in its entirety, including Parcel B. Since the City has no
need for this parcel, staff is proposing that the City terminate the lease for Parcel B.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the "Partial Termination of Lease Agreement"
and authorize the Mayor and Clerk to sign the document.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
"Partial Termination of Lease Agreement" for Parcel B with the Roman Catholic
Diocese and authorize the Mayor and Clerk to sign the document.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd.
Nays: None
MOTION PASSED
2003-45 PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District -
Graphics Unlimited. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Graphics
Unlimited, 2304 Olthoff Drive, Muskegon, Ml has requested the establishment of an
Industrial Development District for property located at 2304 Olthoff Drive, Muskegon,
Ml.
FINANCIAL IMPACT: None until an Industrial Facilities Exemption Certificate is issued.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
Development District for Graphics Unlimited.
The Public Hearing opened at 5:46pm to hear any comments from the public. No
comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close the
Public Hearing at 5:51 pm and to approve the Resolution establishing the Industrial
Development District for Graphics Unlimited.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
b. Amendment to Brownfield Plan - Verplank Dock Co. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving
and adopting an amendment for the Brownfield Plan. The amendment is for the
inclusion of property owned by Verplank Dock Co., located at 205 E. Western Avenue, in
the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan
amendment, although the expansion of the current Verplank Dock Co. to the new site
will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the resolution and
authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing
for May 27, 2003 at their April 22, 2003 meeting. Since that time, a notice of the public
hearing has been sent to taxing jurisdictions, and it has been published twice in the
Muskegon Chronicle. The Brownfield Redevelopment Authority approved the Plan
amendment on April 15, 2003 and further recommends that the Muskegon City
Commission approve the Plan amendment.
The Public Hearing was opened at 5:53pm to hear comments from the public.
Comments were heard from Joe Burns from Verplank Dock Co.
Motion by Commissioner Spataro, second by Commissioner Buie to approve the
Resolution approving and adopting an amendment for the Brownfield Plan and have
the Mayor and Clerk to sign the resolution.
ROLL VOTE: Ayes: Buie, Gawron, Schweifler, Shepherd, Spataro
Nays: Larson, Warmington
MOTION PASSED
2003-46 NEW BUSINESS:
a. FIRST READING: Rezoning Request for Various Properties to the 'MC'
Medical Care Zoning District. PLANNING &. ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone many of the properties located on or near
the three hospital campuses within the City from various zoning designations to the new
"MC" Medical Care Zoning District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff originally proposed a larger area for rezoning around
the Hackley Hospital area, which included the block bounded by Larch, Leahy, Laketon
and Hoyt, the block bounded by Larch, Clinton, Laketon and Peck, and several
properties south of Laketon Ave.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 5/15 meeting, with several changes. They voted to approve the
properties on or near the Hackley Hospital campus as proposed by staff, with the
exception of all properties currently zoned R-1 (block bounded by Larch, Leahy,
Laketon and Hoyt, and properties south of Laketon Ave.). That motion passed, with T.
Harryman and T. Michalski voting nay. They voted then to exclude all properties from
the block bounded by Larch, Clinton, Laketon and Peck which are not owned by Hackley
Hospital. That motion passed with B. Mazade, L. Spataro and P. Sartorius voting nay.
They voted to approve the properties on or near the Mercy-General Health Partners
Sherman Campus as proposed by staff, with the exception of Dr. Kakaty's office at 2525
Roberts. That motion passed unanimously. They voted to approve the properties on or
near the Mercy-General Health Partners Oak Campus as proposed by staff. That motion
passed unanimously.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
ordinance to amend the zoning map of the City to provide for zoning changes for
certain properties on or near the three hospital campuses within the City to the new
'MC' Medical Care District.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
Nays: None
Excused: Shepherd
MOTION PASSED
SECOND READING REQUIRED.
Motion by Commissioner Schweifler, second by Commissioner Spataro to go into
Closed Session at 6:58pm.
ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
Nays: None
Excused: Shepherd
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Gawron to go to Open
Session at 7:44pm.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
Excused: Shepherd
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:45pm.
Respectfully submitted,
Gail Kundinger, MMC
Date: May 27, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Vehicles For Hire Ordinance Amendment
SUMMARY OF REQUEST: This request is to amend the insurance
requirement from $1,000,000.00 coverage to $100,000.00 for injury to,
or death of, one person, and $300,000.00 for injury to, or death of, more
than one person resulting from a single accident, and $100,000.00 for
damage to property, including personal belongings or baggage of
passengers, as a result of one accident.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance amendment.
Cutf'enf
Sec. 102-60. Applicant's insurance.
(a) No license shall be issued under this division until the applicant obtains and files
with the city clerk a policy of liability insurance, issued by an insurance company
authorized to do business in the state, for each taxicab to be licensed.
(b) Such policy of insurance shall insure the applicant against liability for personal
injury to any passenger or to any member of the general public, or any damage
to property, resulting from an accident in which such taii:icab may be involved
------•--- ---------------'---'-- -------~·
through the recklessness or negligence of its driver, operator or owner.
Such policy shall provide minimum insurance protection for each taxicab in the
C
amount of $1,000,000.00 for injury to, or death of, one person, for injury to, or
death of, more than one person resulting from a single accident, and for damage
to property, including personal belongings or baggage of passengers, as a result
of one accident.
···~~-- - - - - ~-~-~"'·"-~- .·. .
(d) Suchpolicy of insurance shall provide for continuing liability thereunder to the full
amount thereof, notwithstanding any recovery thereon, and that the insolvency or
bankruptcy of the insured shall not release the insurance company.
(e) Such policy shall further provide that it shall not be cancelled, surrendered or
revoked by either party except after ten days' written notice to the city furnished
by the insurance company issuing such policy. The cancellation, surrender or
other termination of any insurance policy issued and filed in compliance with this
section shall automatically terminate the license of any licensee covered by such
insurance policy, unless another policy complying with this section shall be in
effect and deposited with the city at the time of such cancellation or termination.
(f) No license shall be issued, until the policy of insurance has been found, by the
city attorney, to comply with the terms of this section and has been approved by
the city commission.
(Code 1975, § 23-42)
!) '
[ urrenf ,f'egu1reme/?fs
Sec. 102-163. lns_urance~-
-- ----------------
/ No horse-drawn vehicle may be operated in the city unless it has issued,
applicable to it, a liability insurance policy, issued by an insurance company approved by
the city, naming the city as an additional insured. In the event of cancellation of such
policy or reduction in coverage, the owner's license shall be automatically canceled. The
insurance shall carry liability limits of at least $1,000,000.00 for bodily injury or death of
any person in any one accident, and $1,000,000.00 for injury or destruction of property
of others in any one accident. Such policy of insurance may be in the form of a separate
policy for each horse-drawn vehicle or in the form of a fleet policy covering all horse-
drawn vehicles owned or controlled by the same owner, provided that such limits shall
apply separately to each horse-drawn vehicle. No policy may be canceled or coverage
or liability limits reduced or altered until the expiration of 30 days after notice of intent to
cancel has been served in writing to the city clerk by mail or by personal delivery from
-----~~t,--h_e__ ~-~_fer._______________ ____ ___ ___________ ___ ___________ ____ '
(Gode 1975, § 23-72)
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE -2103
---
An ordinance amending Section 102-60 and 102-163 of the Code of the City of
Muskegon concerning insurance coverage for vehicles for hire.
TAXICABS
Sec. 102-60. Applicant's insurance.
(a) No license shall be issued under this division until the applicant obtains and files
with the city clerk a policy of liability insurance, issued by an insurance company
authorized to do business in the state, for each taxicab to be licensed.
(b) Such policy of insurance shall insure the applicant against liability for personal
injury to any passenger or to any member of the general public, or any damage
to property, resulting from an accident in which such taxicab may be involved
through the recklessness or negligence of its driver, operator or owner.
(c) Such policy shall provide minimum insurance protection for each taxicab in the
amount of $100,000.00 for injury to, or death of, one person, and $300,000.00 for
injury to, or death of, more than one person resulting from a single accident, and
$100,000.00 for damage to property, including personal belongings or baggage
of passengers, as a result of one accident.
(d) Such policy of insurance shall provide for continuing liability thereunder to the full
amount thereof, notwithstanding any recovery thereon, and that the insolvency or
bankruptcy of the insured shall not release the insurance company.
(e) Such policy shall further provide that it shall not be cancelled, surrendered or
revoked by either party except after ten days' written notice to the city furnished
by the insurance company issuing such policy. The cancellation, surrender or
other termination of any insurance policy issued and filed in compliance with this
section shall automatically terminate the license of any licensee covered by such
insurance policy, unless another policy complying with this section shall be in
effect and deposited with the city at the time of such cancellation or termination.
(f) No license shall be issued, until the policy of insurance has been found, by the
city attorney, to comply with the terms of this section and has been approved by
the city commission.
HORSE-DRAWN VEHICLES
Sec. 102-163. Insurance.
No horse-drawn vehicle may be operated in the city unless it has issued,
applicable to it, a liability insurance policy, issued by an insurance company approved by
the city, naming the city as an additional insured. In the event of cancellation of such
policy or reduction in coverage, the owner's license shall be automatically canceled. Tl1e
insurance shall carry liability limits of at least $100,000.00 for bodily injury or death of
one person, and $300,000.00 for bodily injury or death of more than one person resulting
from a single accident, and $100,000.00 for destruction of property of others in any one
accident. Such policy of insurance may be in the form of a separate policy for each
horse-drawn vehicle or in the form of a fleet policy covering all horse-drawn vehicles
owned or controlled by the same owner, provided that such limits shall apply separately
to each horse-drawn vehicle. No policy may be canceled or coverage or liability limits
reduced or altered until the expiration of 30 days after notice of intent to cancel has been
served in writing to the city clerk by mail or by personal delivery, from the insurer.
This ordinance adopted:
Ayes: 7
Nays: o
Adoption Date: rMay 27, 2003
Effective Date: June 1 7, 2003
First Reading: May 27, 2003
Second Reading:
City of Muskegon
By JjAJ-Q~~ ~
Gail A. Kundinger, MMC,Gltylerk
CERTIFICATION
This ordinance was adopted at a regular meeting of the City Commission, held on May
27, 2003. The meeting was properly held and noticed pursuant to the Open Meetings
Act of the State of Michigan, Act 267 of the Public Acts of 1976.
City of Muskegon
Gail A. Kundinger, MMC, Cit
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on Tuesday, May 27, 2003, the City Commission of the City of
Muskegon adopted an ordinance amending the insurance requirements for vehicles for
hire as follows:
TAXICABS
Such policy shall provide minimum insurance protection for each taxicab in the amount
of$100,000 for injury to, or death of, one person, and $300,000 for injury to, or death of,
more than one person resulting from a single accident, and $100,000 for damage to
property, including personal belongings or baggage of passengers, as a result of one
accident.
HORSE-DRAWN VEHICLES
The insurance shall carry liability limits of at least $100,000 for bodily injury or death of
one person, and $300,000 for bodily injury or death of more than one person resulting
from a single accident, and $ I 00,000 for destruction of property of others in any one
accident.
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: June 7, 20,"'0"'3~~ CITY OF MUSKEGON
By: Gail A. Kundinger, MMC
City Clerk
Date: May 27, 2003
To: Honorable Mayor and City Commissioners
from: Gail A. Kundinger, City Clerk
RE: Annua l Taxicab License Renewal -
Port City Cab Company & Yellow Cab Company
SUMMARY OF REQUEST: This request is from Thomas W akefield,
owner of Wakefield Leasing, whose office is located at 770 W. Sherman
Blvd., Muskegon, Ml. Mr. Wakefield is requesting approval of a license
to operate 10 taxicabs for both Port City Cab Company and Yellow Cab
Company. The Muskegon Police Department has inspected the
taxicabs and approves this request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of 10 taxicabs.
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PRObU01ift THIS C!RTIPICATE la ISSU~I) A$ A MATTER OF INFORMATION
Oi'ILY AND CONF~RS NO RIGHTS UPON THE CE;RTIFIC:ATE
MOURER-li'03XER, INC, HOLOliR. THIS ceRTlelCATE DOES NOT AME.NO, eXTl:aND OR
615 N. Cl\PIXOI. AVJ!l , ALTER THE COVBAAGliAFFOROEO l!Y THE POLICIES BELOW,
LANSING, MI 48933 INSURERS AFFORDING COVERAGE
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Required under section 102-58 (2) of Code of Ordinances - City of Muskegon
CAB# 1¢1 ___ _
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CAB# _3_S_
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Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
CAB # __ LfL_ _ _
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Date of Approval _ _ _lf,_-,,._i)"""~'---=.03_,_,__ _ _ _ _ _ _ __
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TAXI CAB INVENTORY CONTROL
LICENSE YEAR: MAY 1, --"'0...,5'--- to APRIL 30, _O~l/__
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Date of Approval _ _Lf-:.L._>aJ.,,_,'s:~-0,::.,!3,..,___ _ _ _ _ _ _ __
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TAXI CAB INVENTORY CONTROL
LICENSE YEAR: MAY 1, _0~3__ to APRIL 30, _q/_,___
OPERATOR:
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Date: May 20, 2003
To: Honorable Mayor and City Commission
From : Department of Public Works
Re: Refuse Cart Purchase 2003
SUMMARY OF REQUEST:
To authorize the purchase of 525 carts from Toter Incorporated for use
as replacements as needed. This purchase would restock our inventory
of replacements we keep on hand for damage carts. We are requesting
approval for placing the order now with delivery anticipated four to six
weeks. Currently the sanitation Department has 65 carts in stock.
FINANCIAL IMPACT:
Unit cost per cart $42.00 (525 per truckload) = $22,050
BUDGET ACTION REQUIRED:
This purchase to be charged to the 2003 sanitation Budget.
Account# 101-60523-5700 (capital outlay: equipment)
STAFF RECOMMENDATION:
Staff recommends approval of the purchase
COMMITTEE RECOMMENDATION:
J.-0 0 ~ - L\ ~ e__~
CITY COMMISSION MEETING
Tuesday May 27, 2003
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker P1-_- L . I ~~
Chief of Police O
DATE: May 16, 2003
SUBJECT: Approval of Agreement with the West Michigan
Criminal Justice Training Consortium
SUMMARY OF REQUEST:
Police Department staff request that the Commission approve an agreement between the
City of Muskegon and Grand Valley State University (GVSU) whereby GVSU will
provide training for the Muskegon Police Department through an entity known as "The
West Michigan Criminal Justice Training Consortium".
The consortium consists of over 40 law enforcement agencies in west Michigan who train
on a cooperative basis. By entering into such an agreement, each municipality earmarks
35% of the police department's annual Act 302 (state provided) training funds to be paid
to the consortium.
These funds have already been set aside in our 2003 budget.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATIONS:
Approval of the request.
2003-43 (e)
WEST MICHIGAN CRIMINAL JUSTICE
TRAINING CONSORTIUM AGREEMENT
This Agreement is made this ]:J_ day of...,M-"a"--y'------• 2003, by and among Grand
Valley State University, a state institution of higher education, ("Grand Valley") and Allegan
Police, Allegan County Sheriff's Office, Barry County Sheriff's Office, Belding Police, Cedar
Springs Police, Gerald R. Ford International Airport Police, Grand Haven Department of Public
Safety, Grand Rapids Community College, Greenville Department of Public Safety, Grand
Valley State University Department of Public Safety, Grand Valley State University School of
Criminal Justice, Holland Police, Hope College Department of Public Safety, Hopkins Police,
Hudsonville Police, Ionia County Sheriff's Office, Ionia Department of Public Safety, Kent
County Sheriffs Office, Kentwood Police, Lake Odessa Police, Village of Lakeview Police,
Lowell Police, Ludington Police, Mason County Sheriff's Office, Muskegon City Police
Department, Montcalm County Sheriff's Office, Nashville Police, Otsego Police, Ottawa County
Sheriff's Office, Plainwell Department of Public Safety, Rockford Police, Saugatuck/Douglas
Police, Scottville Police Department, Sparta City Police Department, Spring Lake/Ferrysburg
Police, South Haven Police, Walker Police, Wayland Police, Zeeland Police, or their controlling
and governing bodies, all Michigan Municipal Corporations, and state and private institutions of
higher education, ("the Municipalities") with reference to the following facts and circumstances:
A. On a cooperative basis, Grand Valley and the Municipalities have provided joint
training in police methods and investigative techniques to the Municipalities, through an entity
known as "The West Michigan Criminal Justice Training Consortium," (hereinafter sometimes
referred to as "the Consortium").
I
B. Grand Valley intends to continue providing these services, in cooperation with the
Municipalities, provided that the mutual responsibilities of the parties are established by
agreement of the parties, as more fully set forth herein. ·
C. Pursuant to Section 3 of Act 120 of the Public Acts of 1960, as amended, MSA
15.1852(3)(3); MCLA 390.843(3), Grand Valley is authorized to enter into agreements to
participate in the activities contemplated herein and to provide and coordinate educational
services such as those set forth herein.
D. The Municipalities, pursuant to authority granted under Michigan law and/or by
charter, are authorized to enter into agreements for the provision of services such as that set forth
herein, and are further authorized under the provisions of Act 35 of the Public Acts of 1951, as
amended, MSA 5.4081 et seq.; MCLA 124.1 et seq., to arrange with other municipal
corporations, by contract, or otherwise as may be permitted by law, for the ownership, operation,
or performance, of any property, facility or service which each would have the power to own,
operate or perform separately.
E. Each signing Municipality desires to participate in the West Michigan Criminal
Justice Training Consortium, in cooperation with Grand Valley and the other participating
Municipalities, and to provide funding for said participation.
NOW THEREFORE, as authorized by law, and in consideration of the mutual promises
set forth herein, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
I. Duties of Grand Valley: Grand Valley, in cooperation with the participating
Municipalities, will act as the coordinating agency for the West Michigan Criminal Justice
2
Training Consortium for the purposes of establishing training programs and courses of
instruction.
2. Duties of Municipalities: The participating Municipalities, in return for the
services to be provided under this Agreement, shall use their best efforts to assist and facilitate
the Consortium and to take part in the programs organized for the members. Each participating
Municipality, in return for the services to be provided under this Agreement, shall also pay funds
into the Consortium according to the schedule and terms set forth in Exhibit "A" attached hereto.
In Agreement with the affected municipality, the payment schedule and terms may be modified
annually by the Consortium.
3. Operations of the Consortium: During the term of this Agreement, the
Consortium shall be operated as an informal, voluntary association among Grand Valley and the
Municipalities, according to the terms of the "By-Laws of the West Michigan Criminal Justice
Training Consortium," a copy of which is attached to this Agreement as Exhibit "B". The chief
administrative officer of the law enforcement agency for each participating Municipality, or
his/her designee, shall have the responsibility and authority to participate in the day-to-day
business activities of the Consortium, pursuant to the terms of the By-Laws.
4. Participants to Remain Employees/Agents of Employing Entity: All personnel
and employees of Grand Valley, or of any Municipality, while participating in any activity of the
Consortium, shall remain at all times solely the agent or employee of their employing entity, and
not of the Consortium or any other participating entity, and the employing entity shall be and
remain solely responsible for the payment of all wages, fringe benefits, disability payments, and
other similar payments and charges.
3
5. Indemnification/Hold Harmless Clause: It is the intent of this Agreement that
each party shall bear the sole responsibility for the acts and omissions of its personnel
participating in any activity of the Consortium. Grand Valley and each participating
Municipality shall defend, indemnify and hold each of the other entities including the
Consortium, harmless from any costs and liability, including attorney's fees, caused by any act or ·
omission of the indemnifying party, its officers, agents or employees, performed while acting
within the scope of their duties and while performing under the terms of the By-Laws, this
Agreement, or while participating in the activities of the Consortium. Nothing contained within
this Agreement shall be intended or construed to provide third party beneficiary rights to any
persons or to create a cause of action in favor of such persons.
6. Non-Waiver of Governmental Immunity: In signing this Agreement, neither
Grand Valley nor the Municipalities waive their governmental immunity, or any defenses
available to them or their officers, agents or employees under the Michigan Governmental
Immunity Act, being Act 170 of the Public Acts of 1964, as amended, MSA 3.996(101) et seq.;
MCLA 691.1401, et seq., or any other defenses which may be available to any of them under
state of federal law, nor shall this Agreement modify, or be construed to modify, the privileges
and immunities oflaw enforcement officers under Michigan law.
7. Liability Insurance: Grand Valley and each Municipality signing this Agreement
shall maintain, at all times during the term of this Agreement, liability insurance for claims of
bodily injury or property damage to cover the operations of their respective entities, departments,
employees, officers and agents while participating in the activities of the Consortium, with limits
in an amount of not less than $1,000,000. Grand Valley and each Municipality signing this
Agreement shall also maintain, at all times during the term of this Agreement, Worker's
4
Disability Compensation insurance or self-insurance approval, as required by Michigan law.
Grand Valley and each Municipality signing this Agreement shall further maintain, at all times
during the term of this Agreement, insurance policies or programs to cover the use and
operations of motor vehicles, with limits of not less than $1,000,000 for comprehensive general
liability and statutory "no fault" requirements. Each party shall furnish proof of any insurance
coverage required by this section, upon reasonable written request, to any signatory of this
Agreement.
8. Duration of Agreement: This Agreement shall commence on the day and year
first above written, and shall automatically terminate on December 31, 2003 and be automatically
renewed from year-to-year.
9. Cancellation, Withdrawal From Consortium: This Agreement may be cancelled at
any time by mutual written agreement of the parties. In addition, any party may withdraw from
participation in the Consortium and cancel its participation under the terms of this Agreement on
ninety (90) days prior written notice, served upon the Chairperson of the Consortium. Upon
withdrawal and cancellation of participation, a withdrawing Municipality shall be entitled to a
pro rata return of any funds paid under this Agreement, the amount of funds returned, if any, to
be calculated through the effective date of such withdrawal and cancellation of participation.
10. Amendments: This Agreement may be amended by the parties at any time by
mutual written agreement, signed by the authorized representatives of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date
first above written.
5
MUNICIPALITY
City of Muskegon
??7-
. ----.
By: tl,:o Q,~O~
(J
Gail Kundinger
Its: ~City
~ ~Clerk
~~~------
EXHIBIT "A"
The member agency fee for this year, as specified in the Agreement, is set
at 35% of your agency's Act 302 funds, with a split payment schedule
based on the semi-annual distribution from the Michigan Criminal Justice
Training Commission.
EXHIBIT "B"
BY-LA\VS
\VEST MICHIGAN CRIMINAL JUSTICE TR.t\.INING CONSORTIUM
ARTICLE I
NAME
The name of this organization shall be the "\Vest Michigan Criminal
Justice Training Consortium," hereinafter sometimes referred to as "the
Consortium."
ARTICLE II
PURPOSE
The Consortium is established as a voluntary, unincorporated
association for the purpose of cooperatively providing joint training in police
methods and investigative techniques. The members of the Consortium seek
to maximize the utilization of available training funds, to improve their
position for obtaining grants, to promote multi-disciplinary training, and to
encourage the inter-agency use and sharing of training resources.
ARTICLE III
MEMBERSHIP
1. Composition. The membership of the Consortium shall consist
of those Municipalities and state or private institutions of higher education
which execute the "West Michigan Criminal Justice Training Consortium
Agreement."
2. One Member, One Vote. Membership in the Consortium
entitles each member to one (1) vote in all matters related to Consortium
business.
3. Membership Approval. To qualify for membership in the
Consortium, an agency must be approved by a majority of the membership
present at a regularly scheduled meeting of the General Membership
Committee.
ARTICLE IV
COMMITTEES
I. Appointment by General Membership. The membership of all
standing and special committees, except as otherwise provided for herein,
shall be appointed by the General Membership at a duly called annual
meeting. The annual meeting shall be held at a date, time and location
specified by the Consortium Chairperson and shall occur in April of each
year. The Chairperson of the Curriculum Committee shall also be chosen at
the annual meeting and the Chairperson of the Consortium shall also be
Chairperson of the Executive Committee.
2. General Membership Committee. Each member shall be represented
on the Generai Membership Committee by the chief administrative officer of
the members law enforcement agency, or by his/her designee. It shall be the
duty of the General Membership Committee to provide overall guidance to
the activities of the Consortium. The members of the General Membership
2
Committee shall, at the annual meeting, select members to serve on the
Executive Committee.
3. Executive Committee.
a. Composition. The Executive Committee shall consist of live (5)
memben, who shaD include the Consortium Chairperson, Vice-Chairperson,
Secretary, Treasurer, and one at-large member appointed from the General
Membership.
b. Purpose. The purpose of the Executive Committee shaD be to
direct the functioning of the Consortium and to oversee, coordinate, and
assign such responsibilities as may be necessary for the completion or the
Consortium mission. The Executive Committee shall have the authority to
act on behalf of the Consortium in all matten deemed necessary for the
..
efficient and orderly conduct of business, including the addition of new
memben, or removal from membership for non-payment of funds.
4. Curriculum Committee. The Curriculum Committee shall
consist of not less than seven voting members, appointed by the General
Membership Committee, the precise number of voting members to be
.
determined at the annual meeting. The Treasurer of the Consortium shall be
a member of the Curriculum Committee. No·n-voting members, including
faculty representatives of state or private institutions of higher education,
may be appointed to the Curriculum Committee by the Consortium
Chairperson.
3
b. Purpose. The purpose of the Curriculum Committee shall be to
direct the development of training priorities, to prepare and recommend an
annual budget, to develop and recommend an annual training schedule, to
keep training records and provide them to the State of Michigan and to
member law enforcement agencies as may be necessary, and to provide
oversight and evaluation of training programs.
c. Utilization of Training. It shall be the responsibility of the
Curriculum Committee to monitor the utilization of training by member
agencies. As part of this responsibility member agencies may be assessed a
fee of $25.00 for failure to utilize a reserved position which has not been
canceled at least two (2) business days prior to the start of the training
session.
The Treasurer will notify the member agency of the assessment and
due date. Appeals to such assessments shall be reviewed and acted upon by
the Curriculum Committee at any regularly scheduled meeting.
ARTICLEV
OFFICERS AND DIRECTORS
1. Chairperson; Vice-Chairperson; Secretary, Treasurer; Duties.
The officers of the Consortium shali be the Chairperson, Vice-Chairperson,
Secretary and Treasurer. The Chairpe1·son and Vice-Chairperson shall be
responsible for calling and presiding at all meetings of the General
Membership Committee. The Secretary shall prepare and maintain a
permanent written record of all Consortium proceedings, shall transmit
4
notices and agendas to the General Membership and shall transmit a copy of
the minutes from each Consortium meeting to each member prior to the next
regular meeting. The Municipality or state or private institution of higher
education which is represented by the Treasurer shall be the designated
depository agency of the Consortium. The Treasurer shall be responsible for
the maintenance of all financial records related to Consortium business,
·including records of the receipt, allocation, and disbursement of funds. All
expenses relating to the maintenance of the financial and training records of
the Consortium, including the costs attributable to an annual audit, shall be
born by the Consortium.
2. Election of Officers. At the annual meeting of the General
Membership Committee, nominations shall be accepted for the offices of
Chairperson, Vice-Chairperson, Secretary, Treasurer, and the at-large
member of the Executive Committee and Chairperson of the Curriculum
Committee. The officers shall be elected by majority vote of the General
Membership. Terms of office shall be for a period of one (1) year.
3. Vacancies. If an officer is unable to perform the duties of
his/her office, or if a vacancy in office exists, the Chairperson of the
Consortium shaii appoint a successor, and the appointee shali then serve
until the next annual meeting of the General Membership Committee.
5
ARTICLE VI
MEETING OF THE CONSORTIUM
1. Annual Meeting; Regular Meetings. The annual meeting of
the General Membership Committee shall be held in April of each year at a
time and place to be selected by the Chairperson of the Consortium. Regular
meetings may be scheduled for such other dates, times and locations as may
be determined by the Chairperson of the Consortium.
2. Quorum; Action to be Taken by Majority Vote. A majority of
all members of the General Membership Committee present shall constitute
a quorum for the purpose of conducting business. Actions of the General
Membership Committee shall be taken by a majority vote of those attending,
except as may be otherwise provided for herein.
3. Notice of Meetings. Notice of the date, time and location of all
General Membership Meetings, along with an agenda therefore, shall be
mailed to each member of the Consortium at least seven (7) days prior to the
scheduled meeting date.
ARTICLE VII
PARLIAMENTARY PROCEDURE
i. Robert's Rules of Order. Robert's Rules of Order, Revised, shall
govern all matters of consortium procedure not otherwise
provided for in these By-Laws.
6
ARTICLE VIII
AMENDMENT
1. Amendments. These By-Laws may be amended by a two-
thirds vote of the members of the General Membership Committee.
Proposed changes in the By-Laws shall be transmitted to each member at
least seven (7) days prior to the date of the meeting at which the vote will be
taken.
7
Date: May 5, 2003
To: Honorable ~ay~ a~d City Commissioners
From: Ric Scott ;yJzJf;/
RE: Use of Oid City Logo
SUMMARY OF REQUEST:
To authorize staff to send the attached letter to allow
Steve Sulley to use the old city logo for use with the
Women ' s Baseball Anniversary.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
No~ e
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
23 l /724-6703
FAX/722-1214
Assessor
231 /724-6708
FAX/726-5181
Cemetery
23 l /724-6783
FAX/726-5617
Civil Service
231/ 724-6716
FAX/724-4405 West MJchlgan's Shorelh1e City
Clerk
23 l /724-6705
FAX/724-4178
Comm, & Neigh.
Date : May 5 , 2003
Services
231/724-6717 To: Honorable ~Jo~ d City Commissioners
FAX/726-2501
E ng ineering
From: Ric Scott //1r7/7-r#--
231/724-6707 Re: Use of Old City Logo
FAX/727-6904
Fin once
Steve Sulley of St. Louis has requested the use of the
231/724-6713 old city logo for use with memorabilia for the Girls
FAX/724-6768
Professional Baseball League. A copy of his letter is
Fire Dept. attached. A copy of the logo and its intended use is
23 l/724-6792
FAX/724-6985 also attached .
Income Tax Our attorney' s have suggested that you authorize staff
23 l /724-6770
FAX/724-6768
to sign the attached letter and send it to Mr. Sulley.
Staff recommends concurrence with the attorney' s
Info. Systems
231/724-6744
recommendation.
FAX/722-4301
Thank you for your consideration.
Leisure Service
231/724-6704
FAX/724-1196
Mnnoger's Office
231/724-6724
FAX/722-12 14
Mayor's Office
231/724-6701
FAX/722-1214
I nspection Services
231/724-671S
FAX/726-2501
Planning/Zon ing
231/724-6702
F AX/724-6790
Police Depl.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
F AX/724-6768
\Voter Billing Dept.
231/724-6718
FAX/724-6768
Water Flitrotlon
231/724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
Steven A. Sulley
SAS Consulting, Ile
4642 Gravois Ave.
St. Louis, MO 63116
May 2, 2003
City of Muskegon
c/o Mr.Rick Scott
Mayor Stephen Warmington and City Commission members
93 3 Terrance St.
Muskegon,MI 49443-0536
Dear Mayor Warmington and City Commission members,
This is the 60th Anniversary of the All American Girls Baseball League.
I represent a number of the ladies that played for the Muskegon Lassies.
The team logo for the Lassies is your old city seal modified.
I am requesting to use the old city seal, worn on the Muskegon Lassies baseball uniforms,
A tree, be used once again, in good taste, for baseball memorabilia.
Samples of photos included
Thank you for your consideration,
~~~
SAS Consulting lie
. ..'; ..
.,
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
231 /724-6708
FAX1726-5181
Cem etery
231 /724-6783
FAX/726-5617
Civil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
Mr. Steve Sulley
C lerk
23 I /724-670S 4642 Gravois Ave.
FAX/724-4178
St. Louis, MO 63116
Comm. & Neigh.
Services
231/724-6717 Re: Use of City of Muskegon Sea]
FAX/726-250 1
Engineering Dear Mr. Sulley:
231/724-6707
FAX/727-6904
Thank you for your request for permission to use the prior City of Muskegon Seal for
Finance
231/724-6713
baseball memorabilia. As you may know, the City of Muskegon has certain intellectual
F AX/724-6768 property rights in its prior official seal, including trademark, service mark, copyright, etc.
Fire Dept. The City of Muskegon Commission has decided to grant you permission to use the prior
23 l /724-6792
FAX/724-698S
Official Seal of the City of Muskegon for baseball memorabilia under the following
conditions:
Income Tnx
231 /724-6770
FAX/724-6768 1. The City of Muskegon reserves the right to revoke its permission for use of
Info. Systems the Seal at any time and for any reason or no reason at all; and
23 l /724-6744
FAX/722-4301
2. The City of Muskegon reserves all intellectual property rights in the Seal
Lelsnre Service
231/724-6704
including all copyright, trademark, and service mark rights and you
FAX/724-1196 acknowledge and recognize the City's interest in, and the exclusive right to
Manager's Office
grant to others permission to use the Seal.
231/724-6724
FAX/722-1214
By signing the acknowledgement below you are agreeing to these terms for permission to
Mayor's Office use the prior City of Muskegon Seal for baseball memorabilia. If you have any questions
231/724-6701
FAX/722-1214 regarding use of the Seal, please contact me.
Inspection Services
231/724-6715 Sincerely yours,
FAX/726-2S01
Plunnlng/Zonlng
23 l /724-6702
FAX/724-6790 Ric Scott
Leisure Services
Police Dept.
231/724-6750 City of Muskegon
FAX/722-5140
P ublic Works
231/724-4100
FAX/722-4188
Ack.now ledgement
Treasurer
231/724-6720
FAX/724-6768
Wnter Billing Dept, Name: Steve Sulley
231/724-6718
FAX/724-6768
Date:
Water Filtration
231/724-4I06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.0. Box 536, Muskegon, MI 49443-0536
60th Ann iversary of the AU American Girls Professionat Baseball League
i 5th Anr,lvmsary of Thf,ir lnchu:tlon to the Baseball Hall of Fame
EXAMPLE
Commission Meeting Date: May 27, 2003
Date: May 16, 2003
To: Honorable Mayor and City CommisJi~1 ers
From: Planning & Economic Develo men~
RE: Rezoning request for property located at 1750 and 1752
Seventh St.
SUMMARY OF REQUEST:
Request to rezone property owned by Keene Lumber Co., located at 1750 and 1752
Seventh St., from R-1 , Single-Family Residential to B-4, General Business.
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 5/15 meeting.
The vote was unanimous.
5/16/2003
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2104
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from R-1 "Single-Family Residential" to B-4 "General Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described prope1ty from R-1 "Single-Family Residential" to B-4 "General Business":
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 & 2 & W 1/2 OF VAC ALLEY ABUTTING BLK 461
This ordinance adopted:
Ayes: Schwei f ler, Shepherd, Spa taro, Warmington, Buie, Gawron, Larson
Nayes: None
Adoption Date: May 2 7 , 2 OO3
Effective Date: June 13, 2003
FirstReading: May 27, 2003
Second Reading:
- - -- - -- - - - -- -
CITY OF MUSKEGON I
By: __3j.~~~Q
~,:__.1~~~~~-
5/16/03 2
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 27, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following prope1ty
from R-1 "Single-Family Residential" to B-4 "General Business"
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 &2 & W 1/2 OFVAC ALLEY ABUTTING BLK461
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 June 3, , 2003 CITY OF MUSKEGON ' I
By ~ Q, ~d"'-2
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
5/16/03 4
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
: May 2 7, 2 OO3 The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By_~~G-a-il~:-_-K~=nd-i~n~-e
P L ~r,~C~it~y-C-1~- r-k-%
~µ.)
=·-=---
CERTIFICAlE (Rezoningofl750 & 1752 i' St. fromR-1 toB-4)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a trne 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 27tl' day of
May, 2003, 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: _ _ _ _ _ _ _~2003.
Gail A Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
5/16/03 3
0
_ _ _ _ _ _ _ TEMelE..ST_
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 15, 2003
Hearing; Case 2003-12: Request to rezone the property located at 1750 and 1752 Seventh
St. from R-1, Single-Family Residential to B-4, General Business, by Keene Lumber Co.
BACKGROUND
Applicant: Keene Lumber Co.
Address/Location of Subject Property: 1750 and 1752 Seventh St.
Current Zoning: R-1, Single-Family Residential
Proposed Zoning: B-4, Gencrn I Business
STAFF OBSERVATIONS
I. The subject properties arc located at the SE corner of Seventh St. and Larch Ave. They are
currently vacant lots.
2. Keene Lumber has been using the properties to store materials on. As the properties are
zoned residentially, this is not permitted. Staff has not begun enforcement action yet,
pending the outcome of this rezoning request. If the rezoning is approved, storage would be
permitted on the lots, but al I materials would have to be either enclosed in a building, or
screened from public view.
3. Laketon Ave. contains many commercial uses, but the area to the north is primarily
residential. There are several nonconforming commercial buildings and uses scattered
throughout the area as we! I.
4. The south half of this block (fronting Laketon Ave.) is zoned B-4, while the entire north half
(fronting Larch Ave.) is zoned R-1.
5. Keene Lumber's property takes up the entire Laketon Ave. frontage (south half) of the block.
Also joined with their primary parcel is a small portion of the Larch Ave. frontage, in the
center of the block, directly adjacent (east) of the two subject lots. This property is zoned R-
I but contains a commerein I building. As such, it is nonconforming. If this rezoning is
approved, the adjacent piece should also be rezoned as well so as to be consistent with the
rest of Keene's propetiy. The remaining lots fronting Larch Ave. contains residences.
6. The Future Land Use Map shows the subject property to be "Commercial".
7. The Master Land Use Plan slates:
• Notwithstanding the presence of many quality homes, the sub-area also possesses a
number of blocks with units in need ofrehabilitation and site maintenance.
8. Sub-Area Stability:
City of Muskegon Planning Commission- 5/15/03
• The area's stability varies throughout. Residential locations range from mature, well
maintained, neighborhoods to those undergoing significant decline and in need of
rehabilitation. Most of ihe industrial development is also mature in age. And, like the
area's residential development, ranges from well maintained facilities to those in need of
major rehabilitation and/or removal.
9. Sub-Area Issues:
• There are pockets of housing in need ofrehabilitation.
• Laketon Ave. suffers as a result of several business and property owners who fail to
maintain the appearance of their buildings and/or frontage sites.
• Buffers between residrntial and industrial development are vhtually 11011-existant.
10. The Master Plan recommends for this sub-area:
• Implement, through zoning, buffer requirements to mitigate compatibility impacts
between residential and non-residential uses.
• Implement comprehensive streetscape programs along the sub-area's major roadways.
• Focus residential rehabilitation and site maintenance eff01ts in this sub-area.
11. If the rezoning is approved. staff will work with the applicant on making sure that the storage
is properly screened and thal all ordinance requirements for the site are met. If the rezoning
is denied, all materials stor,·d on the site must be removed, and only permitted activities in
the R-1 district would be allowed on the properties.
12. Keene Lumber received a site plan approval in 1999. There were several conditions placed
on the approval, including:
a. The parking lot needs tu be paved and striped with curbing or curb stops.
b. The n01th end of the property needs to be cleaned up and screened.
c. The driveway closest to the intersection of Seventh St. and Laketon Ave. needs to be
removed. Although the City owns this prope1ty, you still have the right of access, and
therefore the driveway does need to be removed.
13. In 2002, Keene Lumber recci ved another site plan approval for construction of a storage
building on their existing prnperty. At that time, they were reminded of the requirement to
screen from the residential properties to the north, and were given until May 1, 2003 to
complete the screening or contact staff to discuss an alternate timeline. Staff has not heard
from them regarding this rcq uirement, and the screening is still not in place.
14. Staff agreed to allow Keene to wait to pave their parking lot until the City's bike path was
constructed along this stretch of Laketon Ave. The bike path is currently under construction
at this time.
15. Staff has not received any phone calls or letters regarding this case.
City of Muskegon Planning Commission -5/15/03 2
PHOTOS
ORDINANCE EXCERPTS
(See next case, #2003-13 for occrpts of the R-1 and B-4 districts)
RECOMMENDATION
Staff recommends approval of 1hc request only if the conditions of the 1999 site plan approval
are met and provided that the 1,·maining portion ofR-1 zoned property will be applied to be
rezoned in the near future as m · 11.
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 which might result from the
approval or denial of the 1;clitio11.
3. What is the impact of the ,1mendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of
the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use
Plau of the City.
City of Muskegon Planning Comm issiun - 5/15/03 3
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
cl. 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 p,ll'cel small in size relative to its surroundings?
b. Would tile 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.
City of Muskegon Planning Commission- 5/15/03 4
Commission Meeting Date: May 27, 2003
Date: May 16, 20 03
To: Honorable Mayor and City Commissi?n• rs
From: Planning & Economic Development ~
- - -
RE: Rezoning request for property located at 986 E. Keating Ave.
SUMMARY OF REQUEST:
Request to rezone propeIi y owned by Robert Edward Hickel, located at 986 E. Keating
Ave., from B-4, General Business to R-1 , Single-Family Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMM ENDATION:
The Planning Commission recommended approval of the request at their 5/15 meeting.
The vote was unanimous.
5/16/2003
CITY OF MUSKEGON
fv1USK l2GON COUNTY, MICHIGAN
ORDINANCE NO. 2105
An ordinance to amend the zoni,~g map of the City to provide for a zone change for certain property
from B-4 "Gcn ('ral Business" to R-1 "Single-Family Residential"
THE CITY COMMISSION OF TH E CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from B-4 "Gencr;il Business" to R-1 "Single-Family Residential":
CITY OF MUSKEGON CONTINENTAL ADD W 1/2 LOTS 16-17 & 18 BLK 10
This ordinance adopted:
Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Larson, Gawron
Nayes: None
Adoption Date: May 27,, 2003~-- - -
Effective Date: June 13, 2003
First Reading: May 2 7, 2 00 3
Second Reading:
- - - - -- -- - - -- -
CITY OF MUSKEGON
By: ~,O,
Gail A. Kundinger, MM
5/16/03 2
C lTY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 27, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following property
from B-4 "General Business" to R-1 "S ingle-Family Residential":
CITY OF MUSKEGON CONTINENTAL ADD W 1/2 LOTS 16-17 & 18 BLK 10
Copies of the ordinance may be ,·icwL·d and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Tenr,cc Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published June 3 , '.2003 CITY OF MUSKEGON I
By d,. QJJ LJ._...."&,.,
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN ( I0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
5/16/03 4
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
·. May 2 7, 2003 The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
CERTIFICA1E (Rezoning of 986 E. Ken ting Ave. from B-4 to R-1)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that tl1e 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 27tl' day of
May, 2003, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records or the City of Muskegon. I fiuther certify that the meeting was conducted
and public notice was given p1irsurn1t to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept mid will be or have been made available as required
thereby.
DATED: _ _ _ _ _ _ _ _, 2003.
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption lo be published once within ten (I 0) days of final adoption.
5/16/03 3
I
_ _J
------- - --
~ ,,-------
Staff Report [EXCERPT)
CITY OF MUSKEGON
1'1.J\NNING COMMISSION
REGULAR MEETING
May 15, 2003
Hearing; Case 2003-13: Request to rezone the property located at 986 E. Keating Ave.
from B-4, General Business to R-l, Single-Family Residential, by Robert Edward Hickel.
BACKGROUND
Applicant: Robert Edward Hickel
Address/Location of Subject Propertv: 986 E. Keating Ave.
Current Zoning: B-4, General Business
Proposed Zoning: R-1, Single-Family Residential
STAFF OBSERVATIONS
I. This request was on the April PC agenda as Case 2003-8. At the applicant's request, the case
was withdrawn at the meeting. Since that time, the applicant has determined that the owners
of the property he was looking al on Fleming Ave. are not willing to sell it to him.
Therefore, he has re-applied to rezone his prope1iy on Keating Ave. The request has been re-
noticed and re-advertised.
2. The subject property is located on Keating Ave., north of the City's Medendorp Industrial
Park, between Valley and Madison Streets.
3. The entire north side of Keating St. in this area is zoned B-4, including the subject property.
The area is a mix of residential and industrial uses in general.
4. The applicant has stated "I would like to move the house at 957 Broadway in Norton Shores
to 990 Keating .. .in East Muskegon. This home will blend in with the houses in this area.
Dan Deitz moved a house for me to 1331 Ada also one to 1882 McLaughlin, he will also
move this one for me".
5. The Future Land Use Map shows the subject prope1iy to be "Single & Two-Family
Residential".
6. The Master Land Use Plan states:
• Single and multiple family housing are found in the sub-area's northwest quadrant.
7. Sub-Area Stability:
• Reinvestment in existing single-family, housing units is minimal. Housing located in the
interior pmiions of the sub-mca is undergoing replacement by new and/or expanding
industries. In some instances. homes (home sites) are being assembled to accommodate
industrial development.
8. Sub-Area Issues:
City of Muskegon Planning Commission 5/15/03
• Designation and use of the sub-area for industrial development will require the removal
of single-family housing.
• The combination ofland uses (e.g., housing, medical, commercial, and industrial) may
result in land use compatibility conflicts unless development is carefully regulated.
• In several instances, non-residential "spot" development has been allowed to encroach
upon residential locations.
9. The Master Plan recommends for this sub-area:
• The area north of East Barney Avenue, west of Madison Street, and south of East Delano
Street should be retained as mixed use residential.
• Any commercial or industrial development bordering residential should provide high
quality buffering in the form of architectural screening and landscaping.
10. Given the Master Plan recommendation and the mostly residential nature of this area, staff is
planning on looking into a wider-scale rezoning of more of the commercially zoned
properties in this area, north of the industrial park.
11. Staff has not received any phone calls or letters regarding this case.
PHOTOS
City of Muskegon Planning Commissit-.11 \ '15/0:1 2
ORDINANCE EXCERPTS
SECTION 1103: AREA AND BUI I( REQUIREMENTS [amended 4/00]
ARTICLE Xlll - ll-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is dcc;igncd to provide for a wide variety of business activities including
automotive services and goods, ;md is grnL'rally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic and pedestrian
movement since the General Business l)istrict is characterized by a minimum of pedestrian flow. The B-4 General
Business Districts have been locnled in ,11-c;is designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES l'IJ,MITTED
In the B-4 General Business District, no l111ilding or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (I) or 111ore of the following specified uses, unless othe1wise providing in this
Ordinance:
1. Veterinarian clinics, without out·clnor kennels.
2. Bus passenger stations.
3. Stores selling second hand merch;111disc.
4. Funeral homes.
5. Automobile car wash, vvhen co111pictc!y enclosed in a building.
6. Auto service stations for tl1e sale or gasoline, oil, and accessories, subject to the following: ...
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and 11011--toxic materials or goods provided such storage is within a building or is
enclosed as not to be visible tn the public from any abutting residential district or public sh·eet.
10. Theaters, when completely enclos,'d.
11. Banks, with or without drive-in LKilities.
12, Restaurants and cocktails lou11ges
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a Ce1tificate
of Occupancy from tl1e Depart111c11l of Inspections, but provided that the minimum lot area requirements of
the RM-3 District are met.
15. Assembly of small parts provr' uses customarily incidental to any of the above Principal Uses
Permitted.
4. Uses similar to the above r}rincip;:il Uses Permitted.
SECTION 401: SPECIAL LAND USLS l'l'.RMITTED [amended 2/02)
The following uses, and their accessory huildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approvai or the use (and a site plan, if required) by the Planning Commission, after
Public Hearing, subject to the .ipplicablc c(i11ditions, and any other reasonable conditions imposed by the Planning
Commission:
1. Private recreational areas, and inslitutional recreational centers when not operated for profit, and nonprofit
swimming pool clubs, all subj,.Tt 10 the following conditions: [amended 2/02)
2. Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
general, technical, or religious n!ucation not operated for profit, all subject to the following conditions:
3. Churches and other facilities 11.:;✓ -1/- /WC/
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 15, 2003
Hearing; Case 2003-17: Request to amend the Planned Unit Development for the
Smartzone (Edison Landing) to change the locations and scale of various proposed
buildings and to change use mix and quantity, by Lakefront Development, LLC.
BACKGROUND
Applicant: Lakefront Development, LLC
Request: To amend the existing PUD to change the locations and scale of various proposed
buildings and to change use mix and quantity.
Present Land Use: Vacant & GVSU Workstage building under construction.
Zoning: B-2, Convenience & Comparison Business
STAFF OBSERVATIONS - BACKGROUND
1. The subject property is the remainder of the former Teledyne prope11y left, after the City
condemned a pm1ion for the Shoreline Dr. East road project. The site contains 34.2 acres on
Muskegon Lake.
2. A PUD was approved for this site in July of 2000. A copy of the minutes from that case are
attached, as well as a copy of the original approved site plan. The PUD included 17 parcels
with office, retail, marina and condominium uses. Since the PUD approval, Lakefront
Development, LLC has completed their purchase of the prope11y. The Shoreline Dr. East
project also has begun this spring as well. The new extension of Shoreline Dr. will run
directly adjacent to the site, and is intended to become the new business route through
downtown after its completion.
3. In 2001, the site received a Smartzone designation from the State of Michigan. This
designation means that, in partnership with Grand Valley State University, the site is being
developed as a technology-based business park. Construction of the Michigan Alternative
and Renewable Energy Center (GVSU Workstage building) began in early 2003 on parcel
'C' of the site.
4. Construction of the interior roads on the site also began in early 2003. The City is building
these roads in conjunction with the Shoreline Dr. extension road project. The proposed roads
included relocated Terrace St. (main entrance into the site), Viridian Dr., and O'Toole Way.
5. The site has been re-named Edison Landing.
STAFF OBSERVATIONS- CURRENT REQUEST
1. The applicant is asking to amend the approved PUD for Edison Landing for conceptual
approval of two proposed developments, which together will encompass six of the site's
City of Muskegon Planning Commission - 5/15/03
parcels. Each development will then require a final site plan approval as well. The
amendment request is being made as one request, but for the sake of clarity, each of the
proposed developments will be described separately below.
2. These developments will have a great deal of visibility both from Muskegon Lake and from
Shoreline Dr. once the extension has been completed. The Smartzone site is being described
by some as the 'new downtown' for Muskegon. It is important that careful review is given to
all proposed developments for the site, as visual access to the lake is paramount, as well as
maintaining an urban 'main street' character.
3. Given the current construction projects, it is extremely difficult right now to get onto the site
or to visualize the proposed layout of the parcels without Shoreline Dr. in place for reference.
The only existing structures possible to use for reference are the GVSU and National City
buildings currently under construction. Staff has tried to visualize what the location and
layout of the proposed developments will be as best as currently possible. The photos shown
below were taken from the seventh floor of the Terrace Plaza building.
4. Parcels 'J', 'K', 'L', and 'M' (Gillespie development):
a. These four parcels flank relocated Terrace St., and as such are the main entryway into the
Smartzone. The original PUD site plan shows one multi-story building to be located on
each parcel, along and up close to Terrace St., to be designed as a Main Street, with
visual focus being drawn up the street to the cul-de-sac and view of the lake.
b. The developer (Gillespie) of these parcels is keeping the general design fairly close to
what was originally proposed. However, there are two significant changes. The first is
the removal of O'Toole Way (east/west road) as a public street, due to concerns of the
City Engineer with the possible stacking of cars across the railroad tracks as cars would
wait to turn left from Terrace St. onto O'Toole Way. The City and Gillespie have agreed
that this street is not needed as a public right-of-way. Instead, it will become a private
drive into parcels 'L' and 'M' with additional parking off of the south side, and will be
'right-in, right-out' only.
c. The second change is the addition of two new buildings near the outer edges of parcels
'L' and 'M'. Although the proposed tenants for these buildings are currently unknown,
the buildings are proposed to be drive-thrus, possibly either restaurants or banks. The
proposed design and elevations of these buildings will be important, as traditional fast
food building designs might not fit within a 'downtown' character.
d. Case #2003-20 involves the actual site plan review for this proposed development and
more details about the proposed layout of the site are available there. This case involves
the conceptual approval of the drive-thru buildings and site layout in general.
e. The design of the site includes the original four proposed buildings, which are located
along Terrace St., with parking to the rear. A proposed ground floor walkway allows
pedestrian access to the rear parking areas without requiring pedestrians to walk entirely
around the buildings to access the rear.
City of Muskegon Planning Commission-5/15/03 2
f. The submitted plan does not clearly show the proposed traffic flow for the site, especially
around the proposed drive-thru buildings. The proposed locations for stacking spaces for
the drive-tluus are also not shown.
g. If the site design, circulation and concept of drive-thru buildings on the site are
acceptable to the Planning Commission, staff sees no major concerns with these proposed
changes, provided that sufficient stacking spaces for the drive-thrus can be provided
which would not block drives or parking spaces. The drive-tln·u buildings should be one-
story and should blend with the rest of the proposed development.
5. Parcels 'A' and 'B':
a. The originally approved PUD for the site showed one two-story mixed-use building on
parcel 'A' (office and residential) and one two-story office building on parcel 'B'. The
current request is for four six-story condominium buildings (18 units each) on both
parcels together, along with a single-story parking deck with rooftop tennis courts,
walking paths, sitting areas and gardens.
b. The four buildings are proposed to be spaced apart so as not to completely block the view
of the lake from fmiher inland, and to take advantage of the lake views available on these
parcels. The development is built 'up' instead of 'out' with the thought that four narrow,
taller buildings would block the view less than one or two more massive, shorter
structures.
c. The original PUD plan submitted showed that the buildings would be 'terraced' with
shorter buildings located closer to the lake, and taller ones further inland. This would
protect the viewshed of all parcels on the property and keep building heights from getting
out-of-hand. Staff wonders that ifby stmiing with 6-story buildings on the lakefront, if
subsequent developers of parcels 'D' and 'E', further inland, would then want to go even
higher in order to still have uninterrupted lake views.
d. If the 6-story condominium buildings are approved as proposed, the Planning
Commission may want to consider placing a limit on the total height allowed for
buildings on the rest of the site, perhaps 10 stories to keep in line with the height of the
Shoreline Inn & Suites.
e. Each of the proposed buildings contains 18 residential units, for a total of 54 units. The
specific acreage of this site is unknown, but for reference, the RM-1, Low Density
Multiple-Family Residential zoning district allows 16 units per buildable acre, and the
RM-2, Medium Density Multiple-Family Residential district allows 24 units per
buildable acre.
f. Staff has discussed other options with the developer, such as considering further shifting
the buildings to open up the views up the middle of the site. They may also want to
consider situating the buildings more pe1pendicular to the shoreline as well.
g. Staff has some concerns with the proposed parking deck. It is shown on the conceptual
plan as a large structure encompassing most of the width of the site. It is difficult to
visualize since the final grades for Shoreline Dr. and the interior roads have not yet been
established, but staff wonders what the appearance of this structure will be from road
City of Muskegon Planning Commission - 5/15/03 3
grade. Keeping in mind that parcels 'D' and 'E' have yet to be developed, and will most
likely face directly that way, toward the waterfront. On the other hand, the parking deck
would keep the surface parking from being as visible on the site.
h. The roof area of the proposed parking deck is shown to have amenities for the
condominium residents such as tennis courts, gardens and possibly a pool. This would
appear to meet the 15% usable open space requirement for the site. The developers have
stated that the deck is proposed as one large structure so as to maximize the residents' use
of the roof area without making it difficult for residents from one building to access
amenities on the roofs of parking decks associated with the other buildings.
1. There are two existing tall buildings in proximity to this site, the Terrace Plaza building
(7 stories) and the Shoreline Inn & Suites (10 stories). Staff feels that the location of the
proposed condominium buildings on the western side of the Smartzone site will keep the
taller structures clustered enough together to perhaps create a more continuous skyline for
downtown Muskegon that has been lacking up until now.
J. The Terrace Plaza building is on a higher elevation than most of the surrounding area.
Information from the City Engineer is that the final elevation for Shoreline Dr. will be
about four to five feet higher than that of the Smartzone site, closer to the elevation of the
National City building. By sitting at the existing corner of Morris Ave. and Terrace St.
near National City, staff visually estimated that 6-stmy buildings might not necessarily
block the entire lake view from the roadway. This is just a general visual assessment, but
there is no better way to estimate without being able to physically access the site.
k. There is public access proposed along the waterfront edge of the entire Smartzone site, by
means of a walking/bike path. Therefore, the public will still be able to access the
waterfront and viewshed, even if the view from the roadways themselves is reduced.
I. No elevations for the proposed buildings have been provided for the condominium
buildings, which also makes it difficult to visualize their appearance on the site. As in the
case ofBalcom's Cove, staff would stress to the developers that even though the
buildings appear oriented toward the lake, the rear (streetward) elevation is of particular
concern since this side is what will be visible from Shoreline Dr. No elevations for the
proposed parking deck have been provided.
m. Staff is hesitant to make a recommendation as to the 6-story condominiums, as there are
varying opinions regarding the idea. If designed so as to block as little of the view as
possible, and to present an attractive elevation toward the downtown area, staff is not
necessarily adverse to the idea. However, much care should be taken in the final site
layout and design when a final site plan is submitted for this development.
n. The Fire Marshal has made some comments specifically regarding the proposed
condominium buildings (comments received 4/29):
i) Information shall be submitted on water availability, flow test and hydrant locations.
Contact the City DPW for help.
ii) Access to any and all proposed structures shall be continuous around the structures.
iii) Access grades - concrete or asphalt - shall be listed on print.
City of Muskegon Planning Commission-5/15/03 4
iv) Access roads shall not be less than 26 feet in width.
6. At the time that the original PUD was approved, it was determined that each parcel could be
a staff site plan approval as it was developed. This was the case for the GVSU Workstage
building, which received site plan approval in December of 2002. Given the fact that the
Gillespie development's site plan is dependent on a PUD amendment which wasn't approved
yet, staff felt more comfortable bringing their site plan before the Planning Commission for
review (see Case 2003-20).
7. Staff has not received any phone calls or letters regarding this case.
PHOTOS
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
City of Muskegon Planning Commission - 5/15/03 5
AGENDA ITEM NO.
CITY COMMISSION MEETING 05/27/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 9, 2003
RE: MML-Annual Membership Dues (7/1/03 - 6/30/04)
SUMMARY OF REQUEST:
To obtain permission from the City Commission, in accordance with the Purchasing Policies and
Procedures, to pay the MML Annual Membership Dues for July 1, 2003, through June 30, 2004.
FINANCIAL IMPACT:
MML Membership Dues: $ 8,689
Environmental Affairs Assessment: $ 1,043
Legal Defense Fund Membership: $ 869
Total Dues: $10,601
BUDGET ACTION REQUIRED:
None. Cost applied to proper budget line items.
STAFF RECOMMENDATION:
Approval.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENnADMIN\AGNDAFRM
JMS - 0: (MML-DUES-2003&2004)
-------A EGE IVE D
MAY 9 2003
MUSKEGON
MICHIGAN CITY MANAGER'S OFFICE
MUNICIPAL May 2, 2003
ll.~~.~~~~~K
~ W~• itU1i
President Ms. Gail A. Kundinger r1i:cE:rve:r5-
1
KATE LAWRENCE Muskegon City Clerk
Mayor, Brighton
933 Terrace St.
1v/'f OQ 2003
Vice President
PO Box 536 City Clerks Office
MYRON FRASIER Muskegon,MI49443-0536
Counci!member, Southfield
Dear Ms. Kundinger:
Trustees
ALEX ALLIE
City Manager, Huntington Woods Enclosed are your Michigan Municipal League renewal invoice and membership
SHEILA COCKREL plaque insert that recognizes your continuing membership in the MML. In preparing
Councilmember, Detroit your invoice, the state shared revenue figures used for the dues calculation are
GRETCHEN DRISKELL accurate to the best of our knowledge.
Mayor, Saline
CRAIG GIERKE On behalf of the trustees and staff I would like to thank you for your continued
Councilmember, Escanaba
support of the League. It is only through the cooperation and participation of our
BARBARA HOLT municipal members that the League is in a position to help meet the needs of local
Mayor Pro Tern, Walker
government by providing information, education, political involvement and a host
ROBERT JONES
Mayor, Kalamazoo
of other services tailored especially for member cities and villages.
KURT KIMBALL
City Manager, Grand Rapids Your participation in League meetings, conferences, training programs and our
JAMES LEIDLEIN
miscellaneous services is encouraged as we move into our second century of
City Manager, Harper Woods furthering and strengthening the objectives oflocal government.
THOMAS MARKUS
City Manager, Birmingham The three League offices are always available to you, as is the MML's Web site
SPENCER NEBEL (www.mml.org).
City Manager, Sault Ste. Marie
FLORENCE SCHRADER Please feel free to call me or any staff member should you have questions.
Treasurer, Ubly
MARGENE ANN SCOTT Sincerely,
Councilmember, Madison Heights
JAMES SINCLAIR
Councilmember, Rogers City
JOEL THOMPSON
Mayor, Otsego
MARTY WAZBINSKI
Mayor Pro Tem, Midland
JOSEPH YUCHASZ Enc.
Vl//age President, Elk Rapids
Executive Director
GEORGE D. GOODMAN
A member of the National League of Cities
Web Address Headquarters Office Lansing Office Northern Field Office
www.mml.org 1675 Green Road, P.O. Box 1487 320 N. Washington Square, Suite 110 200 Minneapolis Avenue
Ann Arbor, Ml 48106-1487 Lansing, Ml 48933-1288 Gladstone, Ml 49837-1931
Phone: 734-662-3246 Phone 517-485-1314 Phone. 906-428-0100
Fax: 734-662-8083 Fax 517-372-7476 Fax: 906-428-0101
.~ ~-
MICHIGAN MUNICIPAL LEAGUE
.
.
MEMBERSHIP RENEWAL INVOICE
MICHIGAN
MUNICIPAL 2003 • 2004
:a,1vNnaf.~,r
CITY OF MUSKEGON Id: 347
Date: May 2, 2003
Membership Period: July 1, 2003 - June 30, 2004
* 2001-2002 State Shared Revenue: $5,589,263
* Michigan Municipal League Dues $8,689
* Environment Affairs Assessment 1,043
* Legal Defense Fund 869
* Total due by July 1, 2003 $10,601
Please sign, date and return one invoice copy with your payment.
Make checks payable to the Michigan Municipal League and mail
to the address below. Thank you.
(Signature)
(Date)
* See reverse side
Michigan Municipal League
P.O. Box 7409
Ann Arbor, Ml 48106-7409
800.653.2483
Commission Meeting Date: May 27, 2003
Date: May 20, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cf.L
RE: Sale of North 20' of Buildable lot on Hoyt Street
SUMMARY OF REQUEST:
To approve the sale of portion of a vacant build able lot described as Terrace Street
Addition, North 20 feet of Lot 20, Block 3 (portion of 1938 Hoyt Street) to Lawrence and
Ruby Burt, 1916 Hoyt Street, Muskegon, Ml 49442. Community and Neighborhood
services owns 1938 Hoyt and is willing to sell the North 20' of it to the adjacent property
owner. Approval of this sale will allow the adjacent property owner to expand their
current yard (see attached map). As is required by City policy, the subject parcel is
being offered for $100 to Lawrence and Ruby Burt.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and Quit-Claim Deed.
COMMITTEE RECOMMENDATION:
5/20/2003
CITY OF MUSKEGON
RESOLUTION #2003- 44 ( g)
RESOLUTION APPROVING THE SALE OF PORTION OF A CITY-OWNED BUILDABLE
LOT
WHEREAS, the City of Muskegon has received$ l 00 from Lawrence and Ruby Burt, 1916 Hoyt
Street, Muskegon, MI 49442 for the purchase of a portion of a vacant, City-owned lot located
adjacent to their property at 1938 Hoyt Street. Portion described as TetTace Street Addition,
No1ih 20 feet of Lot 20, Block 3;
WHEREAS, the portion of the lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this prope1iy back on the tax rolls, and
would relieve the City of fmiher maintenance;
WHEREAS, the sale of this prope1iy would be in accordance with prope11y disposition goals;
NOW, THEREFORE BE IT RESOLVED, that Terrace Street Addition, N011h 20 feet of Lot 20,
Block 3, be sold to Lawrence and Ruby Bmi for $100.
Resolution adopted this 27th day of May, 2003.
Ayes: 7
Nays: o
Absent:
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
~~A
q~nf=r
Clerk
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;:
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933
Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: LAWRENCE BURT AND RUBY BURT, husband and wife, of 1916 Hoyt Street, Muskegon, Michigan
49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Terrace Street Addition, North 20 feet of Lot 20, Block 3
for the sum of: One Hundred and no/100 Dollars ($100.00)
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this 2.1..t.! ~
Notary Public, Muskegon County, Michigan
Parmenter OToole My commission expires: 7-;n--o Ce
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI49443-0786
Telephone: 231-722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee
WHEN RECORDED RETURN TO: Grantee
;i...o o ~ - '-{ '--\ h)
Commission Meeting Date: May 27, 2003
Date: May 13, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c._(2:C
RE: Partial Termination of Lease Agreement- Nelson
Park, Parcel B
SUMMARY OF REQUEST: In 1994, the City of Muskegon and the
Roman Catholic Diocese of Grand Rapids, entered into a lease for
property in the vacinity of the former St. Joseph's Church (see attached
map). The City developed a neighborhood park on Parcel A. Parcel B
was also included in the lease. The intention for this parcel was to be
used for additional parking for the park. This parking area was never
developed, and is not needed at this time. Meanwhile, St. Joseph's
Church has been demolished and the Diocese is proposing to sell the
property in its entirety, including Parcel B. Since the City has no need
for this parcel, staff is proposing that the City terminate the lease for
Parcel B.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the "Partial Termination of
Lease Agreement" and authorize the Mayor and Clerk to sign the
document.
COMMITTEE RECOMMENDATION: None.
WARNER NORCROSS & JUDD LLP
ATTORNEYS AT LAW
900 FIFTH THIRO CENTER
Ill LYON STREET NW
JAMES J. RABAUT GRAND RAPIDS MICHIGAN 49503-2487
{616) 752-2178 TELEPHONE (616) 752-2000
D1RtCT FAX !616) 222-2178 FAX (616) 752-2500
jrabaut@wnj.com
April 24, 2003
Ms. Cathy Brubaker-Clarke
Director of Planning and Economic Development
City Hall
933 Terrace
Muskegon, Michigan 49443
Re: Lease of Muskegon Property
Dear Ms. Brubaker-Clarke:
As you know, pursuant to a Lease dated June 8, 1994 ("Lease") the Diocese of
Grand Rapids currently leases two parcels of real estate to the City of Muskegon. Parcel A (Lots
3, 4, and 5 of Block 378 of the revised Plat (of 1903) (of the City of Muskegon)) is leased for
"park and playground uses." Parcel B (Lot 11 and the Southerly 1/2 of the adjacent vacated alley
and also the Southerly 100 Feet of Lot 12, of Block 368 of the Revised Plat (of 1903) (of the
City of Muskegon)) is leased for "parking uses."
As you know, the Diocese has had discussions with Mr. Luroskie Craig regarding
the possible sale of Parcel B. If it is acceptable to the City, the Diocese would like to te1minate
the Lease with respect to Parcel B. The Lease would continue with respect to Parcel A.
Please call me once you have considered this matter.
Very truly yours, ~
CL::L;{
jab
cc: Sister Patrice Konwinski
Mr. Luroskie Craig
WXPGR 867439-1
PARMENTER O'TOOLE
Allomeys al law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231 .722.1621 • Fax 231 .722.7866 or 231 .728.2206
www.Parmenlerlaw.com
June 3, 2003
Gail A Kundinger, MMC
City Clerk
City of Muskegon
933 Ten-ace
P.O. Box 536
Muskegon,MI49443-0536
Re: St. Joseph's Church Lease
Dear Ms. Kundinger:
Enclosed please find two originals of Partial Termination of Lease Agreement involving the
above-referenced matter. Please sign both originals, retaining one copy and retuning one
original to me.
If you have any questions or concerns, please feel free to contact me.
ryt Hly · ur,
. ........_
]
I
( Iynn C. Schrier
1)irect: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@pa1menterlaw.com
Enclosures
G:IEOSII FILES\0010011213\LTRIAY7410.0OC
PARTIAL TERMINATION OF LEASE AGREEMENT
THIS PARTIAL TERMINATION OF LEASE AGREEMENT is signed as of May
_, 2003, by ROBERT J. ROSE, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF
GRAND RAPIDS, MICHIGAN, of 660 Burton Street, S.E., Grand Rapids, Michigan 49507-
3290 ("Landlord"), and CITY OF MUSKEGON, a Michigan municipal corporation, of 933
Te1rnce Street, Muskegon, Michigan 49443-0536 ("Tenant").
WHEREAS, on June 8, 1994, Landlord and Tenant entered into a Lease
("Lease") with respect to two parcels of real estate located in the City of Muskegon, Muskegon
County, Michigan (collectively, the "Property").
AND WHEREAS, the Property consists of two parcels: (i) Parcel A ("Parcel A"),
described as:
Lots 3, 4 and 5 of Block 378 of the Revised Plat (of 1903) of the City of
Muskegon,
and (ii) Parcel B ("Parcel B"), described as:
Lot 11 and the Southerly 1/2 of the adjacent vacated alley, also the Southerly 100
feet of Lot 12, of Block 368 of the Revised Plat (of 1903) of the City of
Muskegon, Muskegon County, Michigan.
AND WHEREAS, Landlord and Tenant desire to te1minate the Lease
with respect to Parcel B.
NOW THEREFORE, For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant agree that effective as of the
date of this Partial Tetmination of Lease Agreement, the Lease shall terminate with respect to
Parcel B. Except as modified by this Partial Termination of Lease Agreement, the Lease is
ratified and affirmed and shall continue in full force and effect.
Robe1i J. Rose, Bishop of the Roman
Catholic Diocese of Grand Rapids,
Michigan
Landlord
CITY OF MUSKEGON, a Michigan
And
By_____::~ ~ ~~ ~~ ~~Md~~:!...._
Gail A. Kundinger, MMC
Its Clerk
Tenant
ST ATE OF MICHIGAN )
)ss:
COUNTY OF KENT )
-6
The foregoing instrument was acknowledged before me this~1 day of May,
2003, by Robeli J. Rose, Bishop of the Roman Catholic Diocese of Grand Rapids, Michigan.
: : ; Public, Kent County, Michigan
My commission expires: 1-S"- () b
JOAN M. BERRY
NOTARY PUBLICKENT CO., Ml
MYCOMMISSIONEXPIRES Jul 5, 2008
-2-
STATE OF MICHIGAN )
)ss:
COUNTY OF MUSKEGON )
The foregoing instrument was aclmowledged before me this 91A
day of 'l:f.~,
2003, by Stephen J. Warmington, the Mayor of the CITY OF MUSKEGON, a Michigan
municipal corporation, on behalf of said corporation.
L/ncfq S. /lof-rt"r
Notary Public, Muskegon County, Michigan
My commission expires: 9 - c?.S--o?
STATE OF MICHIGAN )
)ss:
COUNTY OF MUSKEGON )
CJ . I 0U/1<:,
The foregoing instrument was aclmowledged before me this ~ day of May;:
2003, by Gail A. Kundinger, MMC, the Clerk of the CITY OF MUSKEGON, a Michigan
municipal corporation, on behalf of said corporation.
L/ncff;f S. / 0 t/('r
Notary Public, Muskegon County, Michigan
My commission expires: 9 - dS- tJ C,
PREPARED BY AND RETURN TO:
James J. Rabaut, Esq.
WARNER NORCROSS & JUDD LLP
111 Lyon Street, NW, Suite 900
Grand Rapids, Michigan 49503-2487
Telephone: (616) 752-2000
871794
-3-
C!TY OF MUSKEGON
CENTRAL NELSON PARK REHABILITATION PROJECT
SITE MAP
PROPOSED IMPROVEMENTS
(Design To Be Coordinated With Neighborhood
Groups And Residents)
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Commission Meeting Date: May 27, 2003
Date: May 14, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C/!; C-
RE: Public Hearing - Request for the Establishment of an
Industrial Development District - Graphics Unlimited
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Graphics Unlimited, 2304 Olthoff
Drive, Muskegon, Michigan, has requested the establishment of an Industrial
Development District for property located at 2304 Olthoff Drive, Muskegon, Michigan.
FINANCIAL IMPACT:
None until an Industrial Facilities Exemption Certificate is issued.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing the Industrial Development District for
Graphics Unlimited.
COMMITTEE RECOMMENDATION:
None
Resolution No. - - -
5/14/2003
2003-45 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING REQUEST
FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT
Graphics Unlimited
WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, the City
of Muskegon has the authority to establish an "Industrial Development District" within
the City of Muskegon; and
WHEREAS, Graphics Unlimited, 2304 Olthoff Drive, Muskegon, Michigan, has
requested the City of Muskegon to establish an Industrial Development District on
property located at 2304 Olthoff Drive, Muskegon, hereinafter described; and
WHEREAS, Graphics Unlimited presently operations a production facility within the
Industrial Development District; and
WHEREAS, construction, acquisition, alterations, or installation of proposed machinery
and equipment has not commenced at the time of filing the request to establish this
district; and
WHEREAS, written notice has been given by mail to all owners of real property located
within the proposed district, and to the public by newspaper advertisement in the
Muskegon Chronicle and public posting of the hearing on the establishment of the
proposed district; and
WHEREAS, a public hearing on the establishment of an Industrial Development District
was held on May 27, 2003, at the regular City Commission meeting at the Muskegon
City Hall at which time all of the owners of real property within the proposed district, all
residents and taxpayers of the City of Muskegon, and the affected taxing jurisdictions
were afforded an opportunity to be heard thereon.
NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission deems
it to be in the best interest of the City of Muskegon that the following described land
situated in the City of Muskegon, Muskegon County, and the State of Michigan, to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER 4 LOT 41
Be and here established as an Industrial Development District pursuant to the
provisions of Act 198 of the Public Acts of 1974 to be known as Graphics Unlimited
Development District No. - - -
5/14/03 2
BE IT FURTHER RESOLVED that the Industrial Development District will be rescinded
following the completion of capital acquisition and/or improvement activities.
Resolution declared adopted.
Ayes: 7
Nays: o
Absent: o
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan, at a regular meeting held on May 27, 2003. . /
~~~~r-v
Gail Kundinger
Clerk, MMC
5/14/03 3
~oo3 - c..\ S 6)
Commission Meeting Date: May 27, 2003
Date: May 20, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cr->:>c...
RE: Public Hearing for Amendment to Brownfield
Plan- Verplank Dock Co.
SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting an amendment for the Brownfield Plan. The
amendment is for the inclusion of property owned by Verplank Dock Co., located at
205 E. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendment, although the expansion of the current Verplank Dock Co. to the
new site will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for May 27, 2003, at their April 22, 2003 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on April 15, 2003 and further recommends
that the Muskegon City Commission approve the Plan amendment.
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT
Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998.
Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on August 10, 1998
Amended by the City Commission of the City of Muskegon on August 11, 1998
Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on Aoril 15, 2003
Amended bv the City Commission of the City of Muskegon on
City of Muskegon Brownfield Plan Amendment
April 2003
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properlies
· 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. Verplank Dock Company (Approved-----~
City of Muskegon Brownfield Plan Amendment
April 2003
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, 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 properlies within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's
Part 201 Generic Cleanup Criteria 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 properlies; and may also provide tax incentives
to eligible taxpayers willing to invest in revitalization of eligible properlies. 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.
City of Muskegon Brownfield Plan Amendment
April 2003
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1 )(a))
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 lo pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
including, but not limited to:
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
with any eligible tax increment revenues collected pursuant to the Plan.
However, at this time, there are no properties included in this plan that will utilize
tax increment financing and therefore there are currently no tax increment
revenues to pay for these costs. 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 a
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.
City of Muskegon Brownfield Plan Amendment
April 2003
C. Duration of the Brownfield Plan (Section 13(1 )(f))
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, j,k,/))
At this time, eligible properties identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properties that will require the relocation of residences.
Therefore the provisions of Section 13(1)(i-l) 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 increment 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
eligible properties for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
City of Muskegon Brownfield Plan Amendment
April 2003
Authority in facilitating redevelopment of brownfield properties by providing
another source of financing for necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
April 2003
Ill. SITE SPECIFIC PROVISIONS
C. Verplank Dock Company
Eligibility and Project Summary (Sec. 13(1 )(h)
Verplank Dock Company is located at 205 E. Western Avenue, Muskegon,
Michigan ("Verplank Property"). A Legal Description and map of the Verplank
Property is included in Attachment C-1. The Verplank Dock Company recently
acquired this 53-acre property, which was formerly used by Consumers Energy
as a fly ash disposal site. A Baseline Environmental Assessment, conducted
pursuant to Part 201 of Michigan's Natural Resources and Environmental
Protection Act, was completed for the property on December 8, 1999. The BEA
and an accompanying Section ?a (Due Care) Compliance Analysis was affirmed
by the Michigan Department of Environmental Quality on January 3, 2000.
The BEA concludes that the property is a "facility" pursuant to Part 201, and is
therefore an eligible properly pursuant to Act 381. This eligible properly includes
all personal property.
Verplank Dock Company intends to construct a commercial ship canal and
loading dock for the delivery and storage of aggregate. The canal will be
approximately 30 feet deep and material excavated from the canal will be placed
on-site to raise and even elevation. The fly ash from the surface of the
excavation will be capped by clean soils as well as by six inches of aggregate.
Verplank Dock also plans to construct an office and scale on the northwest
portion of the property.
Current plans are to initiate pre-construction activities upon approval of this Plan,
with completion in approximately 2 years. Verplank Dock Company has
represented that the estimated total capital investment for the project is $6
million. Two jobs are likely to be transferred to the new dock and an estimated
two new jobs created.
Eligible Activities, Financing, Cost of Plan (Sec. 31 (1 )(a),(b),(c),(d),(g))
Eligible activities that have been conducted on the property include preparation
of a Baseline Environmental Assessment and Section ?a (Due Care)
Compliance Analysis. Future eligible activities would likely be related to Due
Care response activities. The property owner is funding these costs, therefore
there are no eligible costs being financed with tax increment revenues. As such,
City of Muskegon Brownfield Plan Amendment
April 2003
there are no costs to the City of Muskegon or its taxing jurisdictions as a result of
the Verplank property being included in this Plan.
Single Business Tax Credit
The Verplank Property is included in the Plan to enable "qualified taxpayers" as
defined by Act 228 of 1975, as amended, to avail themselves of eligibility for a
credit against their Michigan single business tax liability for "eligible investments"
as defined by P.A. 228. "Eligible investments" include 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 properly after the effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Verplank Property was added to this Plan on _ _ _ _ _.2003.
City of Muskegon Brownfield Plan Amendment
April 2003
ATTACHMENT C-1
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MESS A Cl E TO TA x·p AYER, .
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T~XES ARE PAYABLE ·•.T [HE MUSKEGON CITY HALL,
6:30 ~"', 5:00 PM, ,-o~ · FRI. OVR PHO~!; Nl,/MaER, .. ,.. :.T•"~~l~ \li,ue/·' ,,:-s·a,,;·
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IS 231,'2.,e,20, CHe,;~s MUST CLE'AR OR RS:CE/1>1
15 VOID, MAl Pi;,nr
151 North Causeway
Muskegon, Ml 49445
Tel: 231 727 6100
Fa,: 23> 721 62$1
May 22, 2003
The Muskegon Planning Commission
C/O Ms. Brenda Moore
Muskegon City Hall
93 3 Terrace Street
P.O. Box536
Muskegon, MI 49443-0536
Planning Commissioners:
On behalf of Consumers Energy Co. and the B.C. Cobb Generating Plant, I am writing in
support ofVerplank Dock Co.'s request for brownfield designation for its property along
Muskegon Lake immediately to the south of our complex.
Verplank's planned development of this site is in keeping with the city's "Port Node"
designation 1Nhich we have supported since its inception several years ago and
compliments other uses on this end of the lake as envisioned by the City's Waterfront
Redevelopment Plan.
The state's Brownfield Redevelopment Act is a strong economic development tool to
encourage reuse of urban properties. I strongly encourage the Planning Commission to
act favorably upon Verplank Dock Co. 's request.
Our Plant Communications Director, Roger Morgenstern, will represent the Company at
the May 27 public hearing if you have any questions regarding this matter.
Sine ely, 1:-t U.JJ
Ro ert . Malec
Plant Business Manager
cc
Roger Morgenstern, B.C. Cobb
Joseph Bums, Verplank Dock Co.
File
** TOTAL PRGE.02 **
~. 2003-45 (b)
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
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 Commission Chambers,
on the 27th day of_~M=a_,_y_ _~• 2003, at s: 30 o'clock p.m., prevailing Eastern
Time.
PRESENT: Members
Mayor Warmington, Vice Mayor Buie, Commissioners; Gawron, Larson
Schweifler, Shepherd, Spataro
ABSENT: Members
The following preamble and resolution were offered by Member
Spataro and supported by Member_B_u_i_e_ _ _ _ __
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan, as required by Act
381;and
WHEREAS, not less than 20 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on May 27, 2003.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. Definitions. Where used in this Resolution the terms set forth below
shall have the following meaning unless the context clearly requires otherwise:
"Eligible Property" means the property designated in the Brownfield Plan as
the Eligible Property, as described in Act 381.
"Brownfield Plan" means the Brownfield Plan prepared by the Authority, as
transmitted to the City Clerk by the Authority for approval, copies of which
Brownfield Plan are on file in the office of the City Clerk.
"Taxing Jurisdiction" shall mean each unit of government levying an ad
valorem property tax on the Eligible Property.
2. Public Purpose. The City Commission hereby determines that the
Brownfield Plan Amendment constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines
that it is in the best interests of the public to promote the revitalization of eligible
properties in the City to proceed with the Brownfield Plan Amendment.
4. Review Considerations. As required by Act 381, the City Commission has,
in reviewing the Brownfield Plan Amendment, taken into consideration
whether the Brownfield Plan Amendment meets the requirements set forth in
Section 13 of Act 381.
5. Approval and Adoption of Brownfield Plan Amendment. The Brownfield
Plan Amendment as submitted by the Authority is hereby approved and
adopted. A copy of the Brownfield Plan and all amendments thereto shall be
maintained on file in the City Clerk's office.
6. No Capture of Tax Increment Revenues by Authority. The Authority shall
not capture Tax Increment Revenues on the Eligible Property, as described
in the Brownfield Plan Amendment.
7. Disclaimer. By adoption of this resolution and approval of the Brownfield
Plan Amendment, the City 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 Amendment The City 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.
8. Repealer. All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Euie, Gawron, Schweifler, Shepherd, Spataro
NAYS:
Members Larson, Warmington
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 27, 2003, 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.
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151 Nonh Causewiy Fax: 231 727 6251
Muskegon, Ml 49445
May 22, 2003
The Muskegon Planning Commission
C/O Ms. Brenda Moore
Muskegon City Hall
933 Terrace Street
P.O. Box536
Muskegon,MI49443-0536
Planning Commissioners:
On behalf of Consumers Energy Co. and the B.C. Cobb Generating Plant, I run writing in
support ofVerplank Dock Co.'s request for brownfield designation for its property along
Muskegon Lake immediately to the south of our complex.
Verplank's planned development of this site is in keeping with the city's "Port Node"
designation wbicb we have supported since its inception several years ago and
compliments other uses on this end of the lake as envisioned by the City's Waterfront
Redevelopment Plan.
The state's Brownfield Redevelopment Act is a strong economic development tool to
encourage reuse of urban properties. I strongly encourage the Planning Commission to
act favorably upon Verplank Dock Co. 's request.
Our Plant Communications Director, Roger Morgenstern, will represent the Company at
the May 27 public hearing if you have any questions regarding this matter.
Sine ely, l-l u ~
Ro ert . Malec
Plant Business Manager
cc
Roger Morgenstern, B.C. Cobb
Joseph Burns, Verplank Dock Co.
File
** TOTAL PAGE.02 **
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