City Commission Packet 08-23-2016

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       AUGUST 23, 2016
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                AGENDA



□     CALL TO ORDER:
□     PRAYER:
□     PLEDGE OF ALLEGIANCE:
□     ROLL CALL:
□     HONORS AND AWARDS:
□     INTRODUCTIONS/PRESENTATION:
□     CITY MANAGER’S REPORT:
□     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
      B. Designation of Voting Delegates for the Michigan Municipal League
         Annual Business Meeting    City Clerk
      C. Certification of MERS Representatives        Finance
      D. Police Detective Vehicles   DPW/Equipment
      E. Trust Fund Grant Application for Pere Marquette Park Engineering
      F. Beach Cleaner DPW/Equipment
      G. Youth Basketball League and Open Gym Proposal – Muskegon Public
         Schools Planning & Economic Development
      H. Request to Create a New Neighborhood Enterprise Zone District at 285
         W. Western Avenue Planning & Economic Development - REMOVED
□   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:


                                        Page 1 of 2
□ NEW BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish     Public Safety
               1133 W. Western Avenue
       B. Request to Add Parcels to the City’s Existing Groundwater Ordinance
          Planning & Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:    Mayor and Commissioners

From: Frank Peterson

Re:    City Commission Meeting

Date: August 18, 2016

Here is a quick outline of the items on next week’s agenda:

1.     Under the consent agenda, we are asking the Commission for approval of the following:
       a. Last meeting’s minutes.
       b. Designation of voting delegates for the MML annual business meeting
       c. Certification of our MERS representatives. MERS is our pension fund manager.
       d. Purchase of two police detective vehicles. These Chevy Impalas will be purchased
            from Berger Chevrolet as part of the State Purchasing Program. The $46,738.12
            expense was originally included in the FY 16-17 budget.
       e. Amendment to our current MDNR Trust Fund grant application for Pere Marquette
            Park.
       f. Authorization of the purchase of a beach cleaner (surf rake). The net cost after
            trading in our old rake will be $44,750.
       g. Approval of the youth basketball and open gym proposal with Muskegon Public
            Schools.
       h. Consideration of a new neighborhood enterprise zone at 285 West Western to
            accommodate the Highpoint Flats development.
2.     Under new business we will be asking the Commission to consider the following:
       a. To concur with the HBA’s decision to demolish 1133 West Western Ave. The owner
       states that he intends to self-demolish the structure, but we are proceeding in our process
       to help ensure we can have it removed regardless of their follow through.
       b.      We are requesting expansion of the City’s Groundwater Ordinance to include new
       parcels on the City’s Westside. There is a newly identified area of groundwater
       contamination, which has been attributed to Exxon Mobil. Notices were sent to affected
       property owners by their consultant (Groundwater and Environmental Services, Inc.). The
       Commission is being asked to expand the current groundwater ordinance to include the
       newly identified parcels. The ordinance greatly restricts the use of wells in the affected
       area.
If there are questions on any agenda items, please try to let staff know in advance, and we will
be sure to have the appropriate data/research available at the meeting.
Date:      August 17, 2016
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the August 8, 2016
Worksession and the August 9, 2016 Regular City Commission Meetings.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                       City of Muskegon
                                 City Commission Worksession
                                        August 8, 2016
                                   Muskegon City Chambers
                               933 Terrace, Muskegon, MI 49440
                                            5:30 PM

                                          MINUTES

2016-61
Present: Commissioners Hood, Gawron (left at 6:15 p.m.), Johnson, Turnquist, Rinsema-
Sybenga, and Warren.
Absent: German.

Pure Muskegon.
Wes Ecklund, of Fleet Engineering, gave a presentation of Windward Pointe. Several members
of the community purchased the old Sappi property with plans to redevelop it. The property will
be mixed use with houses, marina, shopping, etc. Plans are not complete and much needs to be
done before development can commence but change is coming.

Red Project.
Steve Alsum, Executive Director of The Grand Rapids Red Project would like to begin a similar
program in Muskegon. The program allows people to exchange used needles for clean needles.
The program has proven very successful in Grand Rapids and has lowered the percentage of
those who contract a disease from a used needle.

Commission approval is mandated by law before such a program can begin. Commissioners did
request more information including the sites the needles would be available. More information
will be forthcoming.

Street Lighting.
A possible street lighting assessment was discussed. The assessment would pay for existing
lights to be replaced with higher efficiency lighting. There are 14,482 properties that would be
responsible for approximately $18.85 each year over a ten year period of time.

Some Commissioners showed reluctance or stated they would not support a special assessment
for this purpose. Others requested more information. Staff was requested to gather solid
numbers to share with the Commission.

Adjournment.
Moved by Hood, seconded by Rinsema-Sybenga to adjourn the meeting at 7:45 p.m.

                                                                    MOTION PASSES.




                                                             ____________________________
                                                              Ann Marie Meisch, MMC
                                                                      City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                       AUGUST 9, 2016
    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, MI at 5:30 p.m., Tuesday, July 12, 2016.
Pastor Matthew Sharpe, Evanston Avenue Baptist Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Eric Hood, Commissioners Debra
Warren, Willie German, Jr., Dan Rinsema-Sybenga, Byron Turnquist, and Ken
Johnson, City Manager Franklin Peterson, City Attorney Will Meyer, and City
Clerk Ann Meisch.
2016-62     INTRODUCTIONS/PRESENTATION:
      A. Presentation of 2016 Beautification Awards
Mayor Gawron recognized residents for their participation in the Neighborhood
Associations’ Yard Beautification Awards program for 2016.
      B. Veteran’s Memorial Park Presentation by Muskegon County
         Department of Veteran’s Affairs and Northside Lions
Lupe Alviar addressed the Commission thanking the city for supporting the
improvements at Veteran’s Memorial Park, especially the efforts and assistance
of the City’s engineer, Mohammed Al-Shatel. The City was also presented with a
beautiful framed photograph of Veteran’s Memorial Park.
2016-63     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 11, 2016 Worksession
and the July 12, 2016 regular City Commission meetings.
STAFF RECOMMENDATION:         Approval of the minutes.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner German,
to approve the Consent Agenda as presented with the exception of Item B.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren

                                       Page 1 of 2
            Nays: None
MOTION PASSES
2016-64     ITEMS REMOVED FROM THE CONSENT AGENDA:
      B. Approval of Bid Award for 2112 Sampson        Community &
         Neighborhood Services
SUMMARY OF REQUEST: To approve the bids and award the building contract
for the construction for a single family dwelling at 2112 Sampson to Mike Murphy
for the City of Muskegon’s HOME Program through CNS.
STAFF RECOMMENDATION:          To award Mike Murphy the building construction
contract for 2112 Sampson, in the amount of $166,855, for the Community and
Neighbor Services office.
Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to award Mike Murphy the building construction contract for 2112 Sampson, in
the amount of $166,855, for the Community and Neighborhood Services Office.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Warren, and German
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT:      The City Commission adjourned at 5:54 p.m.



                                     Respectfully Submitted,




                                     Ann Marie Meisch, MMC, City Clerk




                                        Page 2 of 2
Date:       August 17, 2016
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Meisch, City Clerk
RE:         Designation of Voting Delegates for the Michigan
            Municipal League Annual Business Meeting


SUMMARY OF REQUEST: To designate by action of the Commission,
Mayor Stephen J. Gawron, who will be in attendance at the Convention
as an official representative to cast the vote of the municipality at the
Annual Meeting; and to designate City Manager, Frank Peterson, to
serve as alternate.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval.
                   Commission Meeting Date: August 23, 2016




Date:        August 15, 2016
To:          Honorable Mayor and City Commissioners
From:        Finance
RE:          Certification of MERS Representatives



SUMMARY OF REQUEST: The MERS plan document provides that “the
governing body for each municipality shall certify the names of two (2) delegates to
the Annual Meeting. One delegate shall be a member who is an officer of the
municipality appointed by the governing body of the municipality. The other delegate
shall be a member who is not an officer of the municipality, elected by the member
officer/employees of the municipality.”

The City’s employee units previously agreed to a rotating system (based on date of
joining MERS) to select one official employee representative. This year the official
employee representative attending the MERS conference will be Peter Hughes
(Firefighter) from the firefighters’ union group.

It is recommended that Elizabeth Lewis (Assistant Finance Director) be designated
as the City’s employer delegate.


FINANCIAL IMPACT: Registration for the MERS conference in Acme, MI is
$250 per person. Additionally, mileage, hotel and related costs will be incurred.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Certification of Elizabeth Lewis and Peter
Hughes to be the City’s officer and employee delegates at the MERS annual meeting
in Acme September 28 – 29, 2016.
Date:    8/23/16

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Police Detective Vehicles


SUMMARY OF REQUEST:

Authorize staff to purchase 2 Chevy Impalas from Berger Chevrolet the Mi-Deal State
contract holder. These will replace the two oldest vehicle currently being used.

FINANCIAL IMPACT:
$46,738.12 or $23,369.06 each
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to purchase 2 Chevy Impalas from Berger Chevrolet




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\082316\Detectivevehicles2016.doc
Date:    August 23, 2016

To:      Honorable Mayor and City Commissioners

From: Engineering
RE:      Trust Fund Grant Application for Pere Marquette Park



SUMMARY OF REQUEST:

Adopt the attached resolution committing the city for the local match on the Trust Fund
Grant application for improvements at Pere Marquette Park.



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None as the local match has been anticipated and budgeted for in the Public
Improvement fund


STAFF RECOMMENDATION:
Adopt the attached resolution.



COMMITTEE RECOMMENDATION:
                                           Resolution No. _______

                                      MUSKEGON CITY COMMISSION

   RESOLUTION FOR COMMITMENT OF CITY GENERAL FUNDS FOR LOCAL MATCH OF MICHIGAN
    NATURAL RESOURCES TRUST FUND GRANT FOR UPGRADES AT PERE MARQUETTE PARK


WHEREAS, the City of Muskegon has applied for funding in the amount of $220,700 from the Michigan
Natural Resources Trust Fund grant for upgrades at Pere Marquette Park; and

WHEREAS, the City of Muskegon will commit a project match of $147,100 from the City of Muskegon’s
Public Improvement Fund; and

NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Muskegon that the City
Commission acknowledges that the requested funding from the Michigan Natural Resources Trust Fund
is $220,700 and, if awarded the grant, the City of Muskegon will commit a match of $147,100 sourced
from the City’s Public Improvement Fund.


Adopted this______ Day of _____ 2016


Ayes:

Nays:

Absent:



                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk

                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on ________, 2016.

                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk
Date:    8/23/16

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Beach Cleaner


SUMMARY OF REQUEST:

Authorize staff to purchase 1 New Surf Rake from H Barber and Sons Inc.for
$53,750.00 and trade in current Surf Rake for trade value of $9,000.00.

FINANCIAL IMPACT:
$53,750.00 minus $9,000.00(trade-in) for total purchase of $44,750.00
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to purchase 1 New Surf Rake




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\082316\2016 Surf Rake.doc
         Commission Meeting Date: August 23, 2016




Date:      August 8, 2016
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department
RE:        Youth Basketball League and Open Gym
           Proposal- Muskegon Public Schools


SUMMARY OF REQUEST: The City of Muskegon has contracted with
the Muskegon Public Schools (“Schools”) for the management of the
Youth Basketball League and Open Gym since 2010. The program has
been successful (see attached report) and the Schools would like to
manage the program for the 2016-2017 school year. The Commission is
requested to approve the attached proposal and authorize staff to enter
into an agreement with the Schools for oversight of the basketball
program and the Open Gym program.


FINANCIAL IMPACT: The cost for the program is $18,500 (which has
not changed since 2010).


BUDGET ACTION REQUIRED: Funds are available through the Leisure
Services budget.


STAFF RECOMMENDATION: To approve the “Youth Basketball
League and Open Gym Proposal” and authorize staff to enter into a
formal agreement with the Schools.
    21st CCLC After School Programs 349 W. Webster Avenue, Muskegon, MI 49440 231-720-2000 Fax 231-720-2050

August 4, 2016

                  MPS 21st CCLC Youth Basketball League & Open Gym Proposal

From: Muskegon Public Schools
To: The City of Muskegon

        Muskegon Public Schools is continually looking for new ways to "reach out and change lives" in
our community. Collaborating with the City of Muskegon will help offer safe, positive after school
recreational opportunities for the students serviced throughout our communities. Last year's Youth
Basketball and Open Gym programs continued a successful foundation to sustain this collaborative
effort. Based on review of expenses our current proposal is as follows:

1.) The MPS 21st CCLC After School Program office located @ Muskegon Hackley Administration
Building, would administer the following programs: the Girls & Boys Youth Basketball League and
City Open Gym. These programs would run between October 2016 and March 2017.
2.) The City of Muskegon would contribute $18,500 towards this partnership. The funds would be used
for the following expenses: program administration and supervision, custodial services,
supplies/materials and support personnel (i.e. referee's and event staff).

Program Descriptions:

1.) Boy's and girl's basketball seasons would run consecutively for (6) weeks with the (6th) week being
tournament play to conclude each season. The girl’s season would start Fall of 2016 and the boy’s would
begin after the conclusion of Christmas break (Winter 2017).
2.) Student registration fee would remain $25 per student to include: reversible game jerseys, individual
participation medals, team plaques, and trophies for the tournament champion and runner up teams will
be provided.
3.) MPS will accept responsibility for all administrative and supervisory obligations for the Youth
Basketball League and Open Gym.

Open Gym:

1.) Open gym will be offered for (3) hours to the community the day following the Saturday basketball
games of both girls and boys seasons.
2.) MPS will accept responsibility for all administrative and supervisory obligations for the Open Gym
program.
    It is the policy of the Public Schools of the City of Muskegon that no person shall, on the basis of race, color, religion, national origin or ancestry, sex, age,
 disability, height, weight, or marital status be excluded from participation in, be denied the benefits of, or be subjected to discrimination during any program or
 activity or in employment. If you feel you have been discriminated against, please contact the Office of the Assistant Superintendent of Human Resources, 349
                                                       W. Webster Avenue, Muskegon, MI 49440 (231) 720-2000
Grant Contacts

George Sharp                                                                      231-720-2061
Assistant Director
21st CCLC
gsharp@mpsk12.net


Kimberly Leavell                                                                  231-720-2557
Director
21st CCLC
kleavell@mpsk12.net




Muskegon Public Schools looks forward to our partnership for the 2016/2017 academic year.




   It is the policy of the Public Schools of the City of Muskegon that no person shall, on the basis of race, color, religion, national origin or ancestry, sex, age,
disability, height, weight, or marital status be excluded from participation in, be denied the benefits of, or be subjected to discrimination during any program or
activity or in employment. If you feel you have been discriminated against, please contact the Office of the Assistant Superintendent of Human Resources, 349
                                                      W. Webster Avenue, Muskegon, MI 49440 (231) 720-2000
                    Commission Meeting Date: August 23, 2016

Date:         August 16, 2016
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to Create a New Neighborhood Enterprise Zone District
              at 285 W Western Avenue


SUMMARY OF REQUEST:

Pursuant to Public Act 147 of the Michigan Public Acts of 1992, the developer of the
Highpoint Flats project has requested to create a new Neighborhood Enterprise Zone (NEZ)
district for the parcel at 285 W Western Ave. Properties located in this NEZ district will be
eligible to apply for NEZ certificates, which will lower the residential property taxes rehab
construction. Notice letters were sent to the taxing jurisdictions on June 20 and a public
hearing was held on June 28. State law requires that the resolution must be adopted at
least 60 days after the notice letters were sent. This project will include 47 apartments units.
Since they will be apartments, once the district is created, the developer will only need to
apply for one NEZ certificate for the entire project, rather than 47 individual certificates that
would be required for condos.

FINANCIAL IMPACT:

No financial impact at this point. However, being in a district will allow them to apply for a
rehab NEZ certificate, which will freeze the building at its pre-rehabilitated rate for 1 to 15
years.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the mew NEZ district.

COMMITTEE RECOMMENDATION:

None
                                  Resolution No. ________

                            MUSKEGON CITY COMMISSION

    RESOLUTION TO CREATE A NEW NEIGHBORHOOD ENTERPRIZE ZONE
              DISTRICT WITHIN THE CITY OF MUSKEGON


WHEREAS, the City of Muskegon currently has established Neighborhood Enterprise Zone
districts within the City, and;

WHEREAS, the City of Muskegon would like to create a new Neighborhood Enterprise Zone
district to a new location within the City, and;

WHEREAS, notices were sent to the local taxing jurisdictions on June 20, 2016, and;

WHEREAS, a public hearing was held regarding the creation of this new district on June 28,
2016; and

WHEREAS, the new district boundaries will include the property known as “Hackley Union
Bank (285 W Western Ave, property #24-234-000-0001-00) ,” as shown in Attachment A, and;

WHEREAS, the total square footage of Neighborhood Enterprise Zone districts in Muskegon
will not exceed 15% of the total square footage of the City;

NOW, THEREFORE, BE IT RESOLVED that the new Neighborhood Enterprise Zone district in
the City of Muskegon have been approved.

Adopted this, 23rd day of August, 2016.



Ayes:

Nays:

Absent:


                                                   By: __________________________
                                                       Stephen J. Gawron, Mayor


                                                   Attest: _________________________
                                                           Ann Meisch
                                                           City Clerk
                                       CERTIFICATION

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 August 23, 2016.

                                                                By: ________________________
                                                                    Ann Meisch
                                                                    City Clerk
Attachment A
COMMISSION MEETING DATE: August 23, 2016

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order to
             Demolish. Dangerous Building Case #: EN1602118 – 1133 W Western
             Ave.


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1133 W. Western
Ave. is unsafe, substandard, a public nuisance and that it be demolished within thirty
(30) days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure (they currently have obtained a
demolition permit to complete the demolition) the City would like to be able to follow
through with the demolition bidding process.

Location and ownership: This structure is located on W. Western Ave. before the cul-
de-sac and west of Franklin St. and is owned by Kirksey Investment Corp.

Staff Correspondence: This property had been partially demolished in 2006. The permit
had been closed 11/26/2013 due to lack of progress. The Notice and Order to Repair
was issued on 5/10/2016. On 7/7/2016 the HBA declared the structure substandard
and dangerous.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 25,600 due to start of demo.

Estimated cost to repair: $ Unable to give a value due to this being an industrial
property that had been damaged by fire and partially demolished already.

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
   1) Title search is performed so all interested parties are notified.
   2) All notifications are posted on the structure.
   3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: Dennis Kirksey did meet with City staff and was in attendance at the
HBA meeting in July. He has also hired a demolition contractor.
Permits obtained: A demolition permit was applied for on 7/6/2016 by Press’s LLC &
paid for. SAFEbuilt’s requires that all foundation be removed. The State has also stated
they want all the foundation removed & they may need to review before it is filled as the
environmental survey that had been performed was completed in 1997 by Superior
Environmental Corp & the State of MI received it in 2003.
        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
                  Commission Meeting Date: August 23, 2016




Date:        August 18, 2016
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Request to Add Parcels to the City’s Existing Groundwater
             Ordinance


SUMMARY OF REQUEST:

The City has received an application to designate 52 parcels under the water supplies
ordinance. These parcels are associated with the former Mobil Oil Pipeline – Sisson Ave @
McCracken St. The ordinance prohibits the use of groundwater wells and secondary water
supplies under certain circumstances and in certain locations, to prevent exposure to
contaminated groundwater, as well as to prevent wells from influencing the movement of
contaminated water. Notice was sent to the affected addresses prior to this meeting.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the ordinance amendment to add the addition 52 parcels.

COMMITTEE RECOMMENDATION:

None




8/18/2016
                                           Resolution No. _______

                                      MUSKEGON CITY COMMISSION

An ordinance amending the City Code of Ordinances by adding to Ordinance No. 2039 (Muskegon City Code of
Ordinances Section 34, Article lll) certain identifying “Appendix Maps” and descriptions of properties determined
to be “affected premises” on which groundwater wells are prohibited unless excepted under Section 34-65 due
to the contamination or potential contamination of said groundwater. The said Ordinance No. 2039 is amended
by this Ordinance.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

    1. The properties identified in this amending ordinance are determined to be affected premised
       within the meaning of and regulated in accordance with, Ordinance No. 2039 or any successor
       ordinance prohibiting wells on such premises. The said affected premises are included in
       Attachment A.

    2. Attached to this ordinance and incorporated herein are Appendix Maps locating the affected
       premises and their legal descriptions.

    3. This ordinance shall be effective ten (10) days after publication. In the event any part of this
       ordinance is finally determined to be invalid or unenforceable by a court having jurisdiction, then
       said determination shall not affect the validity of the remaining provisions.


Adopted this 23rd Day of August 2016.


Ayes:

Nays:

Absent:

                                                    BY: __________________________________
                                                           Stephen J. Gawron
                                                           Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on August 23, 2016.

                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk




8/18/16
                                   Attachment A
2326 Greenwood St
CITY OF MUSKEGON REVISED PLAT OF 1903 PT OF LOT 1 BLK 620 & PT OF LOT 1 BLK 1
GREENWOOD SUB COM SW COR LOT 1 BLK 1 GREENWOOD SUB TH S 46D 09M E 5.3 FT TH N
66D 49M E 12.17 FT TH N 135.3 FT TO NLY LN SD LOT TH S 76D 29M W 15.4 FT TO NW COR SD
LOT TH S ON W LN SD LOT 105 FT TH SWLY 140.53 FT TO NLY LN OF GREENWOOD ST TH SELY
ON NLY LN GREENWOOD ST 85.8 FT TH N 43D 50M E 103.84 FT TO BEG

1963 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 640 LOT 2

1964 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 639

1977 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 640 ALSO COM @ NWLY COR LOT 3
FOR POB TH SELY TO SWLY COR SAID LOT TH ELY 4 FT TH NWLY 125.85 FT TO POB

1978 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 11

1984 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLK 639

1995 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 640 LOT 6

1996 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 9

2003 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 640 LOT 7

2006 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 SE 1/2 LOT 8

1970 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 12

1987 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 640 LOT 5

1971 Harding Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 BLK 640 EX COM @ NWLY COR SD LOT FOR
POB TH SELY ALG LOT LN OF SWLY COR TH ELY ALG SLY LN LOT 3 4 FT TH NWLY 125.85 FT TO
BEG

2204 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 NWLY 82 FT LOT 7 & SWLY 10 FT NWLY 82 FT LOT
6 BLK 638

2218 McCracken St




8/18/16
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 EXC SWLY 10 FT OF NWLY 82 FT & SELY 50
FT LOT 7 BLK 638

2226 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 638 LOT 8

2272 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 NW 1/2 LOT 8 BLK 639

2311 McCracken St
CITY OF MUSKEGON REVISED PLAT 1903 BLK 646 N 90 FT LOT 1 & WLY 19.6 FT MCCRACKEN
STREET ABUTTING SD

2320 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 620 PT OF LOT 1 COM ON E LN MC CRACKEN
ST 16 FT SELY OF SW COR BLK 640 TH N 76D 29M E 180 FT TH S 105 FT TH SWLY 140.53 FT TO
E LN MC CRACKEN ST TH NWLY ALG MC CRACKEN ST 106.15 FT TO BEG

2331 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 646 SLY 90.00 FT OF THE ELY 50.00 FT LOT 19
ALSO SLY 90.00 FT OF LOT 20 WITH THE WLY 19.60 FT OF MCCRACKEN ST ABUTTING SD LOT
20

2264 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 SE 1/2 LOT 7

2321 McCracken St
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 & 20 & ELY 50 FT LOT 19 & ENTIRE VAC
16.50 FT ALLEY ABUTTING SAME BLK 646 ALSO WLY 19.60 FT MCCRACKEN ST ABUTTING SD
LOT 1 & SD VAC ALLEY & ABUTTING LOT 20 DESC AS FOLS COM @ NELY COR SD LOT 20 FOR
POB TH SLY ALG WLY LN MCCRACKEN ST 98.34 FT TH N ALG W LN MCCRACKEN ST EXTND TO
A POINT 19.60 FT @ RT ANG TO WLY LN MCCRACKEN ST TH NWLY PAR WITH WLY LN
MCCRACKEN ST TO SLY LN ALLEY EXTND TH SWLY 19.60 FT ALG SLY LN ALLEY EXTND TO
POB EXC SLY 90 FT TH'OF ALSO EXC NLY 90 FT TH'OF

2001 Miner Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 SW 1/2 LOT 4

1997 Mine Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 638 NLY 72 FT LOT 1

2021 Miner Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 4 BLK 638

2031 Miner Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 638 LOT 5

2225 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 NW 1/2 LOT 1 BLK 639

2253 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 NW 1/2 LOT 1 BLK 639




8/18/16
2271 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 1 BLK 640

2303 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 PT LOT 3 BLK 620 & PT LOT 1 BLK 1 GREENWOOD
SUB DESC AS COM NE COR LOT 3 BLK 620 TH WLY ALNG NLY LN 31.5 FT TO WLY LN MOON ST
FOR POB TH SWLY 145.3 FT TO POINT LOCATED 57.35 FT SLY OF NE COR LOT 1 BLK 1 TH N
57.35 FT TO NE COR TH SWLY ALNG N LN 118.8 FT TO NW COR TH SLY ALNG WLY LN 13 FT TO
SW COR TH S 46D 09M W 5.3 FT TH N 66D 49M E 290.27 FT M/L TO WLY LN MOON ST TH NWLY
ALNG WLY LN MOON ST 53.75 FT TO POB EXC W 15 FT TH'OF

2231 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 SE 1/2 LOT 1 BLK 639

2205 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLK 638

2245 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 15

2185 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 S 60 FT LOT 1 BLK 638

2293 Moon St
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 640 LOT 8 ALSO THAT PT OF LOT 3 OF BLK
620 DESC AS FOL COM @ A PT ON N LN LOT 3 BLK 620 & WLY LN OF MOON ST TH W 133.5 FT
TO W LN OF LOT 3 TH S 57.35 FT TH NELY 145.3 FT TO POB

2017 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 6 BLK 639

2016 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 638 LOT 10
1983 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 2

1993 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 LOT 3

2005 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 5 BLK 639

2026 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 638

2025 Morton Ave
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 639 NW 1/2 LOT 7




8/18/16

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