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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 26, 2017 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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. Kitchen 242 Contract Renewal City Clerk
C. Sanitary Sewer Improvements Department of Public Works
D. POLC Collective Bargaining Agreement City Manager
E. Request to Order Phase II Environment Assessment at 920 and 1000 W.
Western Planning & Economic Development
F. Desktop Computer Work Stations – Police Department Public
Safety
G. Unattended Running Vehicles Public Safety
H. Authorization to Staff to Submit a Transportation Alternative Program
(TAP) Agreement DPW/Engineering
□ PUBLIC HEARINGS:
A. BID Special Assessment – Resolution Approving District
Planning & Economic Development
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□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: Public Safety
561 Catherine Avenue – Garage Only
216 Allen Avenue
189 Strong Avenue
1750 Pine Street
1526 Terrace Street
B. Request to Amend the Planned Unit Development (PUD) at Terrace
Point Circle Planning & Economic Development
C. Request to Amend the Planned Unit Development (PUD) at 3425 Fulton
Avenue Planning & Economic Development
D. Approval of the Proposal at 895 4th Street 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
Date: September 20, 2017
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the September 11, 2017
Worksession Meeting and the September 12, 2017 Regular City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION WORKSESSION
Monday, September 11, 2017
5:30 p.m.
City Commission Chambers
933 Terrace Street, Muskegon, MI 49440
MINUTES
2017-72
Present: Gawron, Hood, Warren, German, Rinsema-Sybenga, Johnson, and
Turnquist
Absent: None
Muskegon Lake Area of Concern – WMSRDC Presentation
Kathy Evans, West Michigan Regional Shoreline Development Committee, (WMSRDC)
gave a comprehensive presentation to the Commission. The presentation included an
update on the progress being made to delist the Muskegon Lake Area of Concern. In
addition, an overview of the progress already made to clean up and restore water
quality and natural resources as well as large scale contaminated sediment cleanups
that will be taking place and a habitat restoration project at Veteran’s Memorial Park.
Remediation, Restoration, and Revitalization of Muskegon Lake.
Business Improvement District – Renewal Presentation – Downtown Muskegon
Now
Dave Alexander, Executive Director of Downtown Muskegon Now, presented
information regarding the request for renewal of the Business Improvement District.
Recommendations were made for increasing the length of the Assessment and
expanding the boundaries of the District, as well as several others. Services that have
been in place and will continue, with renewal, were also highlighted.
Muskegon County Youth, Family and Community Millage Presentation
Zachary Anderson, representing the Countywide Youth, Family and Community Millage
Committee presented information about the Countywide Millage. The attempt at this
millage stems from systemic issues facing Muskegon County youth and gaps in
services that can be addressed if the millage passes.
Televising Commission Meetings
The current contract with DSE TV will expire at the end of this year. There was some
discussion regarding the future of televised commission meetings and the possibility of
opening up the project for proposals/bids.
CLOSED SESSION
Moved by Commissioner Rinsema-Sybenga, second by Commissioner Warren, to
go into closed session for the purpose of discussion of labor negotiations.
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ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
Moved by Commissioner German, second by Commissioner Rinsema-Sybenga to
return to open session.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Johnson, Gawron,
Hood, and Warren
Nays: None
MOTION PASSES
ADJOURNMENT: The Worksession meeting adjourned at 10:28 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC – City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 12, 2017 @ 5:30 P.M.
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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, September 12, 2017.
George Monroe, from 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 J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Debra Warren, Byron Turnquist, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Meisch.
INTRODUCTIONS/PRESENTATION:
A. Presentation of 2017 Beautification Awards
Recipients of the Residential and Business 2017 Neighborhood Beautification
Awards were recognized for their effort in making the city a beautiful place.
Those present were presented with a Certificate of Recognition.
2017-73 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the August 22, 2017 Regular City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Supplemental MERS Contribution Finance
SUMMARY OF REQUEST: For the fiscal year that ended June 30, 2017, staff
conservatively budgeted for pension costs. During the course of fiscal year 2016-
17, changes were made to the Non Union group along with the Police Patrol
Page 1 of 7
and the SEIU group that lower the City’s required payment costs. The amount
the City was expensing each pay period for our pension costs was not adjusted,
this created a surplus. At this time staff believes it is appropriate to take this
opportunity to make a $379,042.54 supplemental payment (above the actuarial
computed amount) to MERS. This is money that the City would be required to
pay MERS eventually. Paying early, while the City is in a position to do so, may
help ease some pressure on future city budgets.
FINANCIAL IMPACT: $379,042.54 supplemental payment to MERS.
$379,042.54 will be paid from monies already set aside for MERS in the collector
fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize staff to make a supplemental
$379,042.54 payment to MERS no later than October 31, 2017.
C. MERS Benefit Window City Manager
SUMMARY OF REQUEST: Staff is requesting to open a F53(25) Benefit Window in
Division 1 of the MERS Defined Benefit Pension Program. The traditional benefit in
this division is F55(25). The window would allow division members to retire up to
two years earlier than currently allowed. The Benefit Window would be open
from September 1, 2017 through October 31, 2017. Two employees could
become eligible at a total cost of $35,883.
FINANCIAL IMPACT: $35,883
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the MERS Defined Benefit Plan Adoption
Agreement to include a temporary benefit of F53(25) from September 1, 2017
through October 31, 2017.
D. Vinyl Siding Installer Contracts for Fiscal Year 2017 Community &
Neighborhood Services Department
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
enter into a contract with JR Tucker Construction to install vinyl siding at an
agreed price of $52.00 per building square for the Vinyl Siding Program’s 2017
fiscal year.
FINANCIAL IMPACT: Funding will be disbursed from the July 1, 2017 – June
30, 2018 Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Citizen’s District Council during the 2017 CDBG Grant
process.
Page 2 of 7
E. Vinyl Siding Supplier Contract for Fiscal Year 2017 Community &
Neighborhood Services Department
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
enter a new contract with Keene Lumber Company to be the Vinyl Siding
Supplier for the 2017 fiscal year. Keene Lumber has agreed to honor the existing
contract price of $46.95 per building square for standard siding.
FINANCIAL IMPACT: Funding will be disbursed from the July 1, 2017 – June
30, 2018 Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program
was approved by the Citizen’s District Council during the 2017 CDBG Grant
process.
F. Police Detective Vehicle DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase one Chevy Impala from
Berger Chevrolet, the Mi-Deal State contract holder. This will replace the oldest
detective vehicle currently being used.
FINANCIAL IMPACT: $23,612.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one Chevy Impala
from Berger Chevrolet.
G. Leaf Vac DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Leaf Vac coming from Fredrickson Equipment Supply, the sole
source dealer for this brand of equipment. Cost for this vac is $29,000.00 coming
from the Equipment Division Fund.
FINANCIAL IMPACT: $29,000.00
BUDGET ACTION REQUIRED: None. Amount is what was budgeted.
STAFF RECOMMENDATION: Authorize staff to purchase one Leaf Vac from
Fredrickson Equipment Supply, the sole source dealer for this brand of
equipment.
H. Water Main Purchase and Installation Department of Public Works
SUMMARY OF REQUEST: Authorize staff to purchase and install an 8 inch water
main in the alley between Sherman and LeTart from Torrent to McCracken. This
project will replace an existing 2 inch galvanized main that has been repaired
multiple times. The City of Muskegon Water Department will install the water
main using our in-house workforce. Pipe and appurtenances ($18,316.75) will be
Page 3 of 7
purchased from Etna Supply, excavator rental ($2,906.00) from MacAllister Cat
and contract trench dewatering ($7,800.00) to Dewind Wells & Dewatering.
FINANCIAL IMPACT: The total cost for material, equipment rental and
dewatering is $29,022.75
BUDGET ACTION REQUIRED: None at this time. Expenditure will be addressed
during the 1st quarter reforecast.
STAFF RECOMMENDATION: Approve material purchase from Etna Supply,
excavator rental from MacAllister Can, and dewatering from Dewind Wells &
Dewatering.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, except items I, J, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren German, and
Rinsema-Sybenga
Nays: None
MOTION PASSES
2017-74 ITEMS REMOVED FROM THE CONSENT AGENDA
I. Selection of the Consultants for the Imagine Muskegon Lake Plan
Planning & Economic Development
SUMMARY OF REQUEST: Imagine Muskegon Lake will be a conceptual plan that
focuses on how to better utilize and connect all of the great assets on the
Muskegon Shoreline. Staff interviewed three consultants in August and have
recommended Nederveld/Williams & Works for selection. Their proposal includes
two key stakeholder meetings and one general public workshop. It is
anticipated that the plan will be finalized before the end of the calendar year.
Staff is recommending these firms because of their experience on similar
waterfront projects and also on previous work done for the City, including the
City’s Form Based Code implementation in 2015.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: The total cost for the consultants is $40,000. The
City will be covering $9,000 and the rest will be covered by grants.
STAFF RECOMMENDATION: To approve the selection of Nederveld/Williams &
Works and authorize staff to sign the contract.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the selection of Nederveld/Williams & Works and to authorize staff to sign the
contract.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren German, Rinsema-Sybenga,
and Turnquist
Page 4 of 7
Nays: None
MOTION PASSES
J. Fund Transfer City Manager
SUMMARY OF REQUEST: FY 2016-17 finished slightly stronger than anticipated. In
particular, the police department was nearly $800,000 under budget and
revenues associated with income taxes and rental registrations were up. The net
result is an anticipated one-time surplus in the General Fund equal to nearly $1.2
Million. Staff is recommending that $1 Million be transferred to the Public
Improvement Fund in preparation for a number of anticipated capital needs.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: Amend the 2016-17 Budget to transfer $1 Million
from the General Fund to the Public Improvement Fund.
STAFF RECOMMENDATION: Approve the transfer of $1 Million from the
General Fund to the Public Improvement Fund.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
transfer of $1 Million from the General Fund to the Public Improvement Fund.
ROLL VOTE: Ayes: Gawron, Hood, Warren German, Rinsema-Sybenga, Turnquist,
and Johnson
Nays: None
MOTION PASSES
K. GVSU Affiliate Agreement City Manager
SUMMARY OF REQUEST: Enter into an affiliate agreement with GVSU to
accommodate Commissioner Warren’s continued education in the Clinical
Dietetics Program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the affiliate agreement with Grand
Valley State University.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the affiliate agreement with Grand Valley State University.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
Page 5 of 7
2017-75 PUBLIC HEARINGS:
A. 2016 Consolidated Annual Performance Evaluation Report (CAPER)
Community and Neighborhood Services Department
http://www.muskegon-mi.gov/cresources/Public%20Comment%20CAPER.pdf
SUMMARY OF REQUEST: To conduct a public hearing of the 2016 CAPER
projects funded through CDBG and HOME allocations to the City of Muskegon
Community and Neighborhood Services Department.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To submit the 2016 CAPER, including any public
comments received during the 15 day comment period ending September 19,
2017.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
close the public hearing and submit the 2016 CAPER, including any public
comments received during the 15 day comment period ending September 19,
2017.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
B. Amendments to the Downtown Development Plan and Tax Increment
Finance Plan of the City of Muskegon Planning & Economic
Development
SUMMARY OF REQUEST: To hold a public hearing and approve the
amendments to the Downtown Development Plan and Tax Increment Finance
Plan, which includes removing certain parcels from the plan and adding other
certain parcels into the plan. The amendments also include extending the
duration of the plan until October 1, 2042.
FINANCIAL IMPACT: It is anticipated that the Downtown Development
Authority will capture increased values with future development.
STAFF RECOMMENDATION: To approve the plan amendments.
COMMITTEE RECOMMENDATION: The Downtown Development Authority
unanimously approved the plan amendments at their August 8, 2017 meeting.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
Page 6 of 7
close the public hearing and approve the plan amendments.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Warren
Nays: None
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:57 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC, City Clerk
Page 7 of 7
Date: September 26, 2017
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Kitchen 242 Contract Renewal
SUMMARY OF REQUEST: Our contract with our Kitchen Manager, Renae Hesselink, is set
to expire on September 30, 2017. Renae has been instrumental in updating the kitchen,
substantially increasing the use of the kitchen, and managing two of the grants we have for
the kitchen as well as applying for new grants. At this time, staff is requesting to extend her
agreement until the end of the fiscal year, June 30, 2018.
FINANCIAL IMPACT: Continuation of the current agreement.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To extend Renae Hesselink’s contract through June 30,
2018.
AGENDA ITEM NO. __________
CITY COMMISSION MEETING ____________________
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: September 26, 2017
SUBJECT: Sanitary Sewer Improvements
SUMMARY OF REQUEST:
Authorize staff to enter into an Engineering Agreement with Prein & Newhof, as per the attached
document, to perform the necessary tasks (design, bidding and construction engineering) for the
rehabilitation of a portion of the Oak Grove and Clay Hill Sewers. The project consists of lining
a 10 inch and 12 inch sewer in the Oak Grove area and lining a 12 inch sewer along with one
manhole installations and several lateral relocations in the Clay Hill area.
City staff would like to capitalize on the work already completed by Prein & Newhof as part of
the recent Saw Grant.
FINANCIAL IMPACT:
Total Cost $22,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Prein & Newhof.
AGENDA ITEM NO. _______________
CITY COMMISSION MEETING __________________________
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: September 19, 2017
RE: POLC Collective Bargaining Agreement
SUMMARY OF REQUEST:
City Staff and Police Officers Labor Council representatives previously agreed upon a new contract
that took effect January 1, 2017. Since that time, a number of small issues related to the original
tentative agreement have been identified and subsequently reconciled. This is a formal request to
incorporate all of the final changes into the attached tentative agreement. The POLC has already
ratified the contract and city staff has been enforcing the provisions of the contract since January 1,
2017. The new agreement is beneficial to both parties and is expected to help with police officer
recruiting and retention; there is no financial impact on the budget as part of the agreement.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the Collective Bargaining Agreement with the Police Officers Labor Council as
presented.
COMMITTEE RECOMMENDATION:
Police Officers Labor Council (POLC) – Muskegon Police Department-Patrol
Officers Proposals to the Employer, City of Muskegon, on July 13, 2017
Settlement Agreement
1. All provisions of the CBA effective through December 31, 2016, shall continue
except as modified by this proposal and/or any other agreement to changes, or
as required by law.
AGREED
2. Section 15-Overtime, Article 2-Training, Paragraph g-FTO Compensation
Effective January 1, 2001, Field Training Officers (FTO) shall receive one
hour one and one-half hour (1.5) of paid compensation for days when an
employee is the FTO.
AGREED*
3. Section 19-Sick Leave, Article 2
Sick leave may be accumulated up to a maximum of one hundred thirty-two (132)
days and in no event shall sick leave be accumulated by any employee in excess
of one hundred thirty-two (132) days. After an employee has accumulated one
hundred thirty-two (132) days of accrued, unused sick leave, then all additional
accruals shall be paid annually at the rate of fifty percent (50%) seventy five
percent (75%) of such accrual in excess of one hundred thirty-two (132) days. All
payments due under this section shall be paid annually on January 31 of the
calendar year next succeeding the accrual.
AGREED*
4. Section 19-Sick Leave, Article 6, Paragraph (c)
Any injury or illness to the employee's spouse, child, stepchild, (which does not
require hospitalization). Any injury or illness to the employee's mother, father,
mother-in-law or father-in-law, which requires the hospitalization of that
individual;
AGREED*
5. Section 19-Sick Leave, Article 7
An employee's absence from work due to duty-connected disability, incurred in
the employment of the City shall receive his straight time salary for the period of said
disability and absence, but not to exceed five (5) working days commencing the date of
the injury for which he/she is receiving compensation, shall not be deducted from his/her
sick leave unless he/she shall elect to be paid the difference between Workmen's
compensation benefits and his/her normal wage or salary, to be paid out of the
operating funds of the department involved, In which event said employee's earned sick
leave shall be used at the rate of one-third (1/3) sick leave day for each day of such
service- connected disability, until such sick leave accumulation has been exhausted, at
which time such payments out of the operating funds of the department involved shall
cease, unless the City Commission shall authorize an extension of leave in the manner
provided in Section 19.8 hereof. Checks for such service connected disability will be
issued only upon receipt of a statement signed by the Employer's physician to the effect
that the injured employee is unable to perform his/her regular duties or such other
temporary tasks available in the framework of the City functions.
AGREED*
6. Section 19-Sick Leave, Article 10
Upon termination of employment under honorable conditions, accrued sick leave
will be compensated at the rate of one-half seventy-five percent (75%) of the value of
the accumulated sick leave, providing the employee has worked a minimum of twelve
(12) months.
AGREED*
Add 18.7 to read as follows: Employees may cash out any unused vacation time
at 100%. The funds may be taken as cash or in contributions to an eligible HCSP
or deferred compensation plan. The Union accepts.
Amend 19.8(f) to read as follows: The employer may require verification of sick
leave taken in excess of three (3) days twenty-four (24) consecutive hours. This
will not preclude the employer from requesting verification of illness of less
than three (3) days twenty-four (24) consecutive hours if the employee has
shown a pattern which would indicate misuse of sick leave. The Union accepts.
7. Section 20-Holiday Pay, Article 1
The Employer will recognize the following paid holidays:
New Year's Day (January 1) Labor Day Good Friday
Veteran's Day Easter Thanksgiving Day
Memorial Day Christmas Day (December 25)
Independence Day Martin Luther King Day Christmas Eve
New Years Eve
City counters with adding Martin Luther King Jr Day only. The Union Accepts
The City counters with adding MLK Day, deleting Good Friday and adding 12
hours to floating holiday time. Union accepts.
8. Section 43-Duration and Renewal
This Agreement shall be binding upon the parties hereto, their successors and
assigns. The Agreement shall commence as of the first day of January, 2014 2017
and terminate as of the 31st day of December, 2016 2021. It shall be automatically
renewed from year to year thereafter, unless either party shall notify the other in writing
at least ninety (90) days prior to the expiration date that it desires to modify this
Agreement. In the event that such notice is given, negotiations shall begin no later than
sixty (60) days prior to the anniversary date.
CITY COUNTERS WITH 5 YEAR CONTRACT. The Union accepts.
We counter the Union’s proposed changes to Appendix A with the attached
proposed Appendix A, which shows a 5% initial increase for all employees with
10 years or less seniority, a 7.5% initial increase for employees with 11-20 years
of service, and a 10% initial increase for employees with 21 or more years of
service. In years 2-4, the proposed Appendix A shows a 1% raise each year for all
levels. In year 5, the proposed Appendix A shows a 3% raise for all levels. The
proposed Appendix A also allows for a 1% increase above scale for active
neighborhood officers and a 1.5% increase above current scale for all active
detectives. The City’s proposed Appendix A is contingent on the following
changes to the defined benefit pension system: The Union counters with pay
increase of 5%, 4%, 3%, 2.5%, 2.5%. The City counters with wage increases of 5%,
2%, 2%, 2.5%, 3%. The Union accepts. WAGE INCREASES TO BE 5%, 2%, 3%,
3%, 3%
Section 34-Defined Benefit Retirement Plan, Article 3-Contribution Rate.
Employees shall contribute six and one-half percent (6.5%) of compensation as defined by
MERS. Effective January 1, 2018, Employees shall contribute five and one-half percent (4.0%)
of compensation as defined by MERS. Effective January 1, 2019, Employees shall contribute
four and one-half percent (3.0%) as defined my MERS. Effective January 1, 2020, Employees
shall contribute four percent (4%) of compensation as defined by MERS.
Section 34.4: RETIREMENT BENEFIT: Effective January 1, 2017, the pension
multiplier shall be bridged to 2.50% of final average compensation (MERS FAC-3),
not to exceed 80% of an employee’s final average compensation. The Union
counters with 2.67% The City accepts. THE BRIDGE SHALL REQUIRE A FROZEN
FAC FOR YEARS OF SERVICE ACRUED PRIOR TO JANUARY 1, 2017.
Section 35-Defined Contribution Retirement Plan, Article 2-Contributions.
Members in this plan shall contribute six (6%) percent of compensation. The City shall
contribute ten and one-half (10.5%) percent of compensation. Effective January 1, 2018, the
City shall contribute eleven and one-half percent (11.5%) of compensation. Effective January 1,
2019, the City shall contribute twelve and one-half percent (12.5%) of compensation. Effective
January 1, 2020, The City shall contribute thirteen percent (13%) of compensation.
Compensation shall be Medicare taxable wages as reported on the employee’s W-2.
Work on changes to Appendix E – uniforms. Shrinking the list to include
essential items only. The Union accepts as presented
Delete Appendix E, replace Section 22.2 with; The Police Department shall supply
authorized uniforms (all seasons), accessories, equipment (excluding firearm), long
gun(s) and foot wear at the Department’s expense. The Police Department will
implement a police with a detailed list of items that will be issued/supplied/maintained to
sworn police officers during employment. Officers may request specialized uniforms,
gear, equipment not provided by the Department, if authorized by the Director of Public
Safety, the items may be purchased by the employee.
Accept the union proposal regarding vacation selection provisions to match
current practices of selecting vacations prior to selecting shifts (November).
However, we would like to limit the time employees can take to select their
vacation. We would like to streamline the process to one week. The Union
accepts.
Amend the part time employee use/assignment policy to provide more flexibility.
The Union rejects the City’s last offer and counters with adding “Safebuilt” to the
current language (Section 38-Part-time Officers Article 3). CITY WITHDRAWN
6/7/17.
Commission Meeting Date: September 26, 2017
Date: September 21, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to order Phase II Environment Assessment at 920
and 1000 W Western
SUMMARY OF REQUEST:
The City has a purchase agreement with Smith Equities for a residential development at
these parcels. Known environmental concerns exist and a Phase II environmental
assessment will be necessary to move the project forward. Certain contaminants have
been identified and data has demonstrated that the soil is contaminated from historic fill
materials. The assessment will give the purchaser a better understanding of the
limitations and costs related to the environmental conditions on the property. The City
has a contract with Envirologic for the United States Environmental Protection Agency’s
Brownfield Site Assessment Grant; however, this parcel is not eligible for grant funding.
Envirologic has quoted the project at $24,500.
The FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
$24,500 from the Public Improvement fund.
STAFF RECOMMENDATION:
To approve the request to conduct the Phase II Environmental Assessment with
Envirologic.
September 15, 2017
Mr. Mike Franzak
Mr. Frank Peterson
City of Muskegon
933 Terrace
Muskegon, Michigan 49443
Mr. John VanFossen
Smith Development Company
108 South University, Suite 6
Mt. Pleasant, Michigan 48858
Re: 1000 W. Western Marina, Smith Equities, Muskegon—Proposal for Phase II Environmental Site
Assessment
Dear Gentlemen:
Pursuant to our previous discussions, Envirologic Technologies (Envirologic) has been requested to
prepare a scope of work and cost estimate for an environmental assessment of property to support
the development of a new residential development (1000 W. Western Marina) adjacent to Hartshorn
Marina. The Preliminary Site Plan Layout shows the proposed development to consist of a row of
residential units placed across three different parcels of property:
A portion of Hartshorn Marina, 920 W. Western, owned by the City of Muskegon
A vacant lot located at 1000 W. Western, owned by the City of Muskegon and formerly part of
the Shaw-Walker complex
A portion of Fricano Place, 1050 W. Western, owned by Hartshorn Holdings, LLC
The proposed investigation is only for the two parcels of land owned by the City of Muskegon.
Known environmental concerns exist at both parcels of land: Hartshorn Marina had a petroleum
release from an underground storage tank that has been addressed, and the vacant land at 1000 W.
Western remains subject to a Remedial Action Plan and a Restrictive Covenant. In addition, the parcels
are subject to an area-wide land use restriction that prohibits the use of groundwater as a drinking
water source. The most notable environmental issues potentially affecting the development include
the following:
1. Previous environmental investigations identified chlorinated solvents in groundwater at the
1000 W. Western parcel. If these contaminants remain on site, they pose a threat to future
development through the vapor intrusion pathway.
2. Soils will be disturbed for new construction, and it would be appropriate to characterize
shallow soil (i.e., < 5 feet deep) to determine the nature of soil that will be encountered and
removed during redevelopment.
3. Ensuring the proposed development at 1000 W. Western can “fit” with the existing Remedial
Action Plan and restrictive covenant.
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 2 of 4
To investigate soil and groundwater conditions in the areas where specific development activities are
proposed, Envirologic proposes to complete the following activities. Envirologic will place a series of
soil borings within the footprint of the proposed residential structures and a few select additional
locations. Two soil borings will be placed on the current Hartshorn Marina parcel and seven soil
borings on the 1000 W. Western parcel. At each location, a surface soil sample (6 inches below grade)
and a shallow soil sample (between 0-4 feet) will be collected for laboratory analysis of metals and
polynuclear aromatic hydrocarbons (PNAs). Soil samples will also be collected and analyzed for volatile
organic compounds (VOCs) if field screening indicates the potential for such compounds (e.g., staining,
odors, or PID readings). A groundwater sample will also be collected from each location for analysis
of VOCs.
Soil borings will be installed using a Geoprobe® direct push unit. A temporary groundwater monitoring
well will be constructed at each soil boring with 1-inch diameter PVC. Groundwater is expected to be
encountered at approximately 15 feet below ground level. Groundwater samples will be collected
using a lift pump. Wells will be purged, and water quality parameters (e.g., pH, conductivity, dissolved
oxygen, oxidation-reduction potential, and turbidity) will be monitored during purging activities for up
to 30 minutes. A groundwater sample will be collected once water quality indicators have stabilized,
as detailed in MDEQ’s low flow sampling guidance, or after 30 minutes of purging, whichever occurs
sooner. On site field work is expected to require up to four days to complete. The attached figure
illustrates the approximate locations of the proposed soil borings.
Soil and groundwater samples will be submitted to Trace Analytical of Muskegon for laboratory
analyses. Upon receipt of the analytical data, Envirologic will prepare a comprehensive project report.
The report will include conclusions and recommendations pertinent to relevant human exposure
pathways, including vapor intrusion risks and soil direct contact in particular. If appropriate, the data
will also be utilized to support development of a Baseline Environmental Assessment and Due Care
documentation.
Envirologic proposes to complete project activities on a time and materials basis. An estimate of the
projected cost is provided below and on the following page.
Phase II ESA
Health and Safety, Sampling Plan, Utility Clearance ................................................. $ 1,000
Field Geologist (4 days) ............................................................................................. $ 5,000
Geoprobe (2 days) ..................................................................................................... $ 3,000
Laboratory Services ................................................................................................... $ 5,500
Equipment and Supplies ............................................................................................ $ 2,500
Report ........................................................................................................................ $ 2,500
Subtotal ............................................................................................................ $ 19,500
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 3 of 4
Baseline Environmental Assessment, Due Care (If Appropriate)
BEA, Due Care ............................................................................................................ $ 5,000
Subtotal ............................................................................................................ $ 5,000
ESTIMATED PROJECT COSTS .............................................................................. $ 24,500
It is reasonably expected that the project can be completed within six weeks of receiving authorization
to proceed. In addition, a verbal report will be provided following receipt of laboratory data.
If you desire to have Envirologic conduct the aforementioned services, please sign and date one copy
of the authorization page and return it to our office. A signed copy of the authorization page will serve
as our authorization to proceed. This proposal is subject to the attached terms and conditions.
If you have any questions, comments, or require additional information, please contact our office at
(269) 342-1100.
Sincerely,
ENVIROLOGIC TECHNOLOGIES, INC.
David A. Stegink
Associate Vice President
DAS:sns
H:\Projects\Projects_C\City of Muskegon\1000 W Western\Phase II ESA\September 12.docx
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 4 of 4
AUTHORIZATION
To authorize this project, please e-mail, fax, or mail a signed copy of this signature page to our office.
Re: 1000 W. Western Marina, Smith Equities, Muskegon—Proposal for Phase II Environmental Site
Assessment
Authorized Representative:
______________________________ ______________________________
Signature Date
______________________________ ______________________________
Title Purchase Order No. (if applicable)
H:\Projects\Projects_C\City of Muskegon\1000 W Western\Phase II ESA\September 12.docx
LEGEND
PROPOSED SOIL AND GROUNDWATER SAMPLES
MUSKEGON LAKE
FRICANO PLACE
PARCEL
.
E
V
A
N
R
1000 W. WESTERN TE SCALE 1" = 150'
S
PARCEL E 0 50 100 150 300
W
T
S
E
W
HARTSHORN NOTE:
THIS IS NOT A PROPERTY BOUNDARY SURVEY, PROPERTY BOUNDARIES SHOWN ON THIS MAP
MARINA PARCEL
ARE BASED ON AVAILABLE FURNISHED INFORMATION AND ARE APPROXIMATE ONLY AND
SHOULD NOT BE USED TO ESTABLISH PROPERTY BOUNDARY LOCATION IN THE FIELD.
VACANT PROPERTY
1000 WEST WESTERN AVE.
MUSKEGON, MI 49441
DI SI
VI ON ST.
PROPOSED SOIL AND
GROUNDWATER SAMPLES
PROJECT NO.
170175
0 0 0 AAAAAA Fi : o e :
l M d l
FIGURE No.
e
environmental consulting
2960 INTERSTATE PARKWAY
services
1
0 0 0
KALAMAZOO, MICHIGAN 49048
PH: (269) 342-1100 FAX: (269) 342-4945
PROFESSIONAL SERVICES
Terms and Conditions
The services to be rendered by Envirologic Technologies, Inc. (Envirologic) or its divisions in the attached
proposal are expressly contingent upon the Client's acceptance of these Terms and Conditions. Any additional or conflicting
Terms and Conditions of the Client are hereby expressly objected to and rejected by Envirologic.
1. Payment. Envirologic shall invoice Client on a monthly basis for services incurred the previous month.
Invoices are due and payable within 30 days of receipt. A service charge of 1.5 percent will be added to all outstanding
balances each month they are past due. Envirologic reserves the right, upon 30 days written notice to client, to modify the
attached Schedule of Fees. If payment of Envirologic invoices is not maintained on a 30-day current basis, Envirologic may,
upon seven (7) days written notice to Client, suspend further performance and withhold any and all data from Client until such
invoice payments are restored to a current basis without incurring any liability whatsoever to client.
Client shall be responsible for and pay Envirologic at 1 1/2 times their prevailing rates for any time spent by its
personnel in connection with any legal proceedings arising from or relating to services provided under this Agreement,
regardless of whether Envirologic is subpoenaed to appear by Client or a third party.
Nothing in this Agreement shall preclude Envirologic from filing a construction lien against Client's property in order to
secure the payment provided for in this Agreement.
2. Additional Work. Envirologic agrees to modify the work proposal as authorized in writing by the Client. Client
agrees to pay Envirologic for any increases in the cost of performing the additional work. Unless otherwise agreed to in
writing, the cost of the modifications shall be determined on a time and material basis in accordance with the attached rate
schedule.
Costs and schedule commitments shall be subject to renegotiation for delays in performance caused by
circumstances beyond the reasonable control of Envirologic including, but not limited to: Acts of God; fire; flood; explosion;
war, action, inaction or request of governmental authority; injunction; adverse weather conditions; accident; labor trouble or
shortage; inability to obtain material, equipment, fuel or transportation. No liability shall result to either party from the delay in
performance caused by the circumstances described above except for the obligation of the Client to pay Envirologic for (i)
work performed, and (ii) additional labor, equipment and other costs associated with Envirologic's maintenance of its work
force and equipment available during the interruptions. Should any of the circumstance described above occur causing delay,
both parties shall use their best efforts to overcome the difficulties arising and to resume as soon as reasonably possible the
work under this Agreement.
Whenever Envirologic is of the opinion that the timely completion of its responsibilities pursuant to this Agreement has
been or will be adversely affected by events which are beyond its control, it shall, as soon as practicable orally notify the Client
and within ten (10) calendar days thereafter notify the Client in writing, stating the anticipated length of the delay, the cause of
the delay, measures proposed or taken to prevent or minimize the delay, and the timetable for implementation of these
measures.
3. Site Security and Safety. Envirologic attempts to conduct its field activities in such a manner as to protect
themselves and others from injury. If the Client is aware of special precautions to insure safety, the Client should immediately
advise Envirologic. The Client grants to Envirologic, its agents and employees, during the term of this Agreement, reasonable
access to the subject premises for the purposes of fulfilling Envirologic's obligations under this Agreement. Envirologic shall
comply with any reasonable safety procedures delivered by the Client to Envirologic in writing.
It is hereby further agreed and understood that while Envirologic is on the premises of the Client, Envirologic, its
employees and representatives will not unreasonably interfere with the business activities being performed by the Client on or
about the premises without the Client's permission. It is further agreed and understood that the employees and representative
of the Client will act to reasonably facilitate Envirologic's performance of its obligations under this Agreement.
4. Utilities. Client shall be responsible for disconnecting electrical lines, and staking utilities, both private and
public, if necessary and assume all responsibility for damage during and after execution of Envirologic's services. In no event
shall Envirologic be responsible for additional costs resulting from unknown property conditions.
(Revised 5/02) 1
It shall be the responsibility of Client or its duly authorized representative to disclose the presence and accurate
location of all hidden or obscure manmade objects relative to field tests or installations. If Envirologic is cautioned, advised or
given data in writing that reveal the presence or potential presence of underground or overground obstructions, Envirologic will
give special instructions to its field personnel and subcontractors, however, all additional costs caused by the existence of the
obstruction(s) shall be paid by Client on a time and material basis. As evidenced by acceptance of this proposal, the Client
agrees to indemnify and save harmless Envirologic and subcontractors from all claims, suits, losses, personal injuries, death
and property liability, resulting from unusual subsurface conditions or damages to subsurface structures, owned by the Client
or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to
Envirologic in writing, and to reimburse Envirologic for expenses in connection with any such claims or suits, including
reasonable attorneys' fees.
5. Property Access. Client shall arrange and provide such access to the site as is necessary for Envirologic to
perform their services. Client shall be solely responsible for all aspects of site security and for obtaining any necessary
permission from any third party property owners for use of their lands.
Client hereby agrees to indemnify, defend and hold Envirologic harmless from any damages to Client's or third party's
property, except that caused by the gross negligence of Envirologic or its agents. Client acknowledges that certain damage
may be caused by Envirologic vehicles and equipment being on site and will hold Envirologic harmless for said damages.
6. Performance of Services. Envirologic shall exercise due care in performing its services hereunder and shall
render them in accordance with prevailing professional standards and ethics as measured on the date hereof and in the locale
of this project in performing services for Client. If Envirologic believes that compliance with Client's requests could violate
professional standards, ethics, laws or regulations, Envirologic shall advise Client and a mutually satisfactory solution shall be
discussed. If the parties are unable to reach a satisfactory solution, either party may terminate this agreement as stated
herein.
7. Limitation on Warranty. ENVIROLOGIC DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM
SAMPLING OR ANALYTICAL ACTIVITIES. CLIENT IS LIABLE FOR LOSS AND/OR DAMAGES TO THE SURFACE OR
SUBSURFACE CAUSED BY SAMPLING OR DRILLING ACTIVITIES OR FOR DAMAGE TO WELLS AS A RESULT OF
TRESPASS OR FROM OPERATION SERVICES, INCLUDING BUT NOT LIMITED TO CONTAMINATION OR LOSS OF
EQUIPMENT IN WELL, UNLESS SUCH LOSS RESULTS FROM ENVIROLOGIC'S NEGLIGENCE OR WILLFUL
MISCONDUCT.
CLIENT ACKNOWLEDGES THAT STATEMENTS IN REPORTS ARE DEEMED TO BE OPINIONS BASED ON
PROFESSIONAL JUDGMENT AND THAT ENGINEERING, ENVIRONMENTAL, GEOLOGIC, HYDROGEOLOGIC AND
GEOTECHNICAL CONDITIONS FREQUENTLY VARY FROM THOSE ENCOUNTERED AT THE TIMES AND
LOCATIONS WHERE DATA ARE OBTAINED BY ENVIROLOGIC. THEREFORE, LIMITED DATA MAY RESULT IN
UNCERTAINTY WITH RESPECT TO INTERPRETATION OF THESE CONDITIONS, DESPITE THE USE OF
PROFESSIONAL CARE, AND THAT GOVERNMENTAL REGULATIONS RELATING TO HAZARDOUS SUBSTANCE(S)
MAY CHANGE OR THEY MAY REQUIRE RESULTS WHICH CANNOT BE ACCOMPLISHED OR ADDITIONAL
ACTIVITIES BE CONDUCTED.
8. UST Site Closure. Pursuant to Part 213 of NREPA, 1994 PA 451, as amended, if Envirologic shall submit a
Release Closure Report to the Michigan Department of Environmental Quality upon confirmation that cleanup standards have
been met, said report shall relate to only contaminants identified in the area(s) associated with the reported release set forth in
the scope of services and shall only be released when, in Envirologic's best scientific judgment, all applicable cleanup criteria
have been met.
9. Disposal of Contaminated/Hazardous Wastes. Any hazardous or toxic wastes, pollutants, contaminants or
other waste materials encountered by or associated with services provided by Envirologic on this project shall at no time be or
become the property of Envirologic. Arrangements for the treatment, storage, transport or disposal of any waste materials,
which may be made by Envirologic, shall be construed as being made solely and exclusively on Client's behalf and Client shall
indemnify, defend and hold Envirologic harmless from and against any and all liability which arises out of the treatment,
storage, transport or disposal of any waste materials. It is agreed and understood that any manifests or other forms required
for the disposal of hazardous waste will be properly completed and signed by the Client or a duly authorized representative.
10. Subcontractors. Envirologic may, in its own discretion, hire subcontractors on behalf of Client to perform
any such portion of the services hereunder. If Client selects its own subcontractor(s), Envirologic shall not be responsible for,
(Revised 5/02)
-2-
or in any manner guarantee, the performance of such subcontractor(s) or their agents or employees, nor shall Envirologic be
liable for any negligent acts, errors or omissions of said subcontractor.
Estimated subcontractor costs will depend upon their actual current prices. Any increased prices will be passed on to
Client.
11. Term of Agreement. Envirologic agrees to proceed with implementation of the proposal on a timely basis.
However, due to its unknown site conditions and delays in state processing, no definite time period can be established for
completion of services.
12. Confidentiality and Use of Documents. Envirologic shall retain, as confidential, all information and data
furnished to it by Client and/or others which is designated as confidential. Said information shall not be disclosed to any third
party except as directed by Client or as required by law or regulation.
Provided that Envirologic has been fully paid for its services, Client shall have the right to copies of all documents,
maps, photographs, drawings and reports resulting from services hereunder for purposes reasonably contemplated by the
parties. Any work product generated by Envirologic shall remain in its possession.
Reuse of any material described above by Client on extensions of a project or on any other project or by a third party
without Envirologic's written consent shall be at Client's or third party's risk and Client agrees to indemnify, defend and hold
Envirologic, its employees, agents and subcontractors, harmless from all claims, damages and expenses, including attorney
fees, arising out of such use.
13. Information Provided by Client or Others. Envirologic shall indicate to Client the information needed for
rendering the Services described in each Work Order. Envirologic shall review existing information provided by others and
shall give Client its opinion as to the risks associated with reliance on such information. To the extent that Envirologic is
required to rely solely upon existing information, without the opportunity for Envirologic to appropriately validate the accuracy
and reliability of such information, Client agrees to waive any claim against Envirologic and to indemnify and hold harmless
Envirologic from and against any and all claims, damages, losses, liability, and expenses, including attorney's fees, which may
arise from errors, omissions or inaccuracies in existing information provided to Envirologic by Client or others.
14. Rights of Third Parties. This Agreement shall not create any rights or benefits to parties other than Client
and Envirologic.
15. Indemnification of Client by Envirologic. Except as otherwise provided herein, Envirologic agrees to
indemnify, defend and hold harmless client from all claims, losses, liabilities, damages and expenses, including attorney's fees
which may occur as the result of any claims or damages sustained by person or property, arising out of the sole negligence or
willful misconduct of Envirologic in the performance of its work.
16. Indemnification of Envirologic by Client. Client shall indemnify, defend and hold Envirologic, its agents
and employees, harmless against all liability, claims, demands, losses, damages, expenses and costs, including attorney fees
that Envirologic may incur by reason of any injury or damage to person or property arising out of the performance of the work,
alleged or actual contaminant migration as a result of the work or any prior work performed at the site and for all matters
relating to this Agreement except for acts caused by the sole negligent performance of Envirologic under this Agreement.
(Revised 5/02)
-3-
17. Insurance. Upon request, Envirologic shall furnish copies of insurance certificates evidencing that it
maintains, at a minimum, the following coverage:
Type Limits
Worker's Compensation Statutory
Employers’ Liability $1,000,000/$1,000,000/$1,000,000
General Liability $5,000,000 occurrence
$5,000,000 aggregate
Personal & Adv. Injury $5,000,000
Products – COMP/OP AGG $5,000,000
Umbrella $2,000,000 each claim
$2,000,000 aggregate
Contractor Pollution $5,000,000 total all claims
Automotive Liability $1,000,000 combined single limit (ea. accident)
With respect to only such loss, damage, injury, or liability as is covered under the policies of insurance and policy
limits identified above, Envirologic agrees to save Client harmless from and against loss, damage, injury, or liability arising
directly from the negligent acts or omissions of Envirologic employees, agents, and subcontractors, and their employees and
agents. If Client requires higher insurance limits, additional coverage, or performance or payment bonding, Envirologic will
endeavor to obtain such coverage, at Client's expense. It is the understanding and agreement of the parties, however, that
Envirologic is unable to save Client harmless from and against any loss, damage, injury, or liability arising from any cause,
beyond the amount and coverage listed in this section. In addition, Envirologic shall be included as an additional and intended
beneficiary under any hold harmless agreements against third-party suits between Client and owner or any other third party,
including without limitation any other contractor, subcontractor, or supplier who may perform "Services" or provide material in
connection with any study or report or design prepared by Envirologic.
In no event shall Envirologic be responsible for any incidental, indirect, special, punitive, impact, consequential
damages (including but not limited to loss of profits) or cost of defense incurred by Client or any third party, except as
otherwise provided herein.
All claims, including claims for indemnification, whether based upon contract, tort, breach of warranty, professional
negligence, or otherwise, shall be deemed waived unless the claim is made within the time required under insurance
coverage provided, by Envirologic. Non-insured claims must be made within one (1) year after completion of that work or
event giving rise to the claim.
18. Compliance With Laws. The Client shall be responsible for notifying all appropriate Federal, State,
municipal or other governmental agencies of the existence of any hazardous, toxic or dangerous materials located on or in the
site, or discovered during the performance of this Agreement.
19. Equal Employment. Envirologic is an Equal Opportunity Employer and shall not discriminate against any
employee or applicant for employment based on race, color, religion, sex or national origin.
20. Waiver. No waiver, discharge or renunciation of any claim or right of Envirologic arising out of breach of this
Agreement by Client shall be effective unless in writing, signed by Envirologic.
21. Termination. Either party may terminate this Agreement without cause upon seven (7) days written notice to
the other party. In the event of termination, Client shall pay Envirologic for all costs incurred to date plus reasonable costs
associated with termination of the work.
22. Complete Agreement. These terms and conditions together with the proposal to perform work and rate
schedule constitute the complete and entire agreement between the parties. Any modification thereto must be in writing
signed by both parties.
23. Governing Law. This proposal and its terms and conditions shall be interpreted under and governed by the
laws of the State of Michigan.
(Revised 4/11) H:\PWdata Archive\ETI\Terms-Conditions_Rates\TERMCON_ETI.doc
-4-
COMMISSION MEETING DATE: September 26th, 2017
Date: September 25th, 2017
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Desk top computer work stations - Police Department
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the amount of
$24,570.00 for thirty nine (39) desk top computers (CPU) for the police department ($630.00
ea.) These upgraded/enhanced CPU’s, will replace the current computers that are
approximately seven (7) years old, which cannot be serviced, and no longer meet the
standards of the software required to operate within the police department.
The new machines are configured with the latest storage technology (solid state drive) built
for speed. They have the memory to handle multi-tasking; they also will run the latest
Windows 10 operating system from Microsoft.
Dell is the chosen supplier as the City is enlisted in a state and local government contract
with Dell computers. The machines in this proposal come heavily discounted due to the
relationship and purchase volume the City has with Dell. The City uses Dell at the server,
networking, storage and computer level (see attached price quote- 092517).
FINANCIAL IMPACT:
N/A – Budgeted
BUDGET ACTION REQUIRED:
Equipment was budgeted in the 2017/2018 (need to adjust 1st quarter budget report to
support the equipment price increase (5700 – Capital Outlays)
STAFF RECOMMENDATION:
Staff recommends approval of this equipment purchase to update & enhance essential desk
top computers for all bureau’s within the police department.
Sales rep: Jeff Keyes | 3000017781258.1
A quote for your consideration! Total: $24,570.00
Based on your business needs, we put the following quote together to help with
your purchase decision. Please review your quote details below, then contact
your sales rep when you're ready to place your order.
Quote number: Quote date: Quote expiration: Deal ID:
3000017781258.1 Sep. 25, 2017 Oct. 25, 2017 12875276
Company name: Customer number: Phone:
CITY OF MUSKEGON 3923456 (231) 724-3345
Sales rep information: Billing Information:
Jeff Keyes CITY OF MUSKEGON
[email protected] 933 TERRACE ST
(800) 456-3355 MUSKEGON
Ext: 5139959 MI 49440
US
(231) 724-3345
Pricing Summary
Item Qty Unit Price Subtotal
OptiPlex 3050 SFF 39 $630.00 $24,570.00
Subtotal: $24,570.00
Shipping: $0.00
Environmental Fees: $0.00
Non-Taxable Amount: $24,570.00
Taxable Amount: $0.00
Estimated Tax: $0.00
Total: $24,570.00
Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for
details.
Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
Sales rep: Jeff Keyes | 3000017781258.1
Dear Customer,
Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire
certain changes please contact me as soon as possible.
Regards,
Jeff Keyes
Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order
Shipping Group 1
Shipping Contact: Shipping phone: Shipping via: Shipping Address:
JASON BOES (616) 724-6737 Standard Ground 933 TERRACE ST
MUSKEGON
MI 49440-1348
US
SKU Description Qty Unit Price Subtotal
OptiPlex 3050 SFF 39 $630.00 $24,570.00
Estimated delivery date: Sep. 28 - Oct. 2, 2017
Contract No: 99AGZ
Customer Agreement No: MHEC-07012015
210-AKHP OptiPlex 3050 Small Form Factor BTX 39 - -
338-BKYY Intel Core i5-7500 (QC/6MB/4T/3.4GHz/65W); supports 39 - -
Windows 10/Linux
619-AHKN Win 10 Pro 64 English, French, Spanish 39 - -
658-BCSB Microsoft(R) Office 30 Days Trial 39 - -
370-ADJU 8GB (1x8GB) 2400MHz DDR4 Memory 39 - -
400-ANPQ 256GB 2.5inch SATA Class 20 Solid State Drive 39 - -
401-AANH 2nd Hard Drive: not included 39 - -
490-BBFG Intel Integrated Graphics, Dell OptiPlex 39 - -
325-BBRJ DVD+/-RW Bezel, Small Form Factor 39 - -
429-AAJV Tray load DVD Drive (Reads and Writes to DVD/CD) 39 - -
385-BBCR No Media Card Reader 39 - -
555-BBFO No Wireless 39 - -
555-BBFO No Wireless 39 - -
Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
Sales rep: Jeff Keyes | 3000017781258.1
382-BBBZ No Add On Card 39 - -
321-BCJW OptiPlex 3050 SFF with 180W Standard Power Supply 39 - -
(APFC)
580-ADJC Dell KB216 Wired Multi-Media Keyboard English Black 39 - -
275-BBBW Dell MS116 Wired Mouse, Black 39 - -
470-AAJL NO ADAPTER 39 - -
817-BBBC Not selected in this configuration 39 - -
525-BBCL SupportAssist 39 - -
640-BBLW Dell(TM) Digital Delivery Cirrus Client 39 - -
658-BBMR Dell Client System Update (Updates latest Dell 39 - -
Recommended BIOS, Drivers, Firmware and Apps)
658-BBRB Waves Maxx Audio 39 - -
658-BBRB Waves Maxx Audio 39 - -
658-BCUV Dell Developed Recovery Environment 39 - -
575-BBBI No Integrated Stand option 39 - -
620-AALW OS-Windows Media Not Included 39 - -
387-BBCG No ESTAR 39 - -
631-ABFE No Out-of-Band Systems Management 39 - -
461-AAEI No Chassis Intrusion Switch 39 - -
575-BBGD Bracket for 2.5 inch Hard Drive Disk, Small Form Factor, 39 - -
OptiPlex
332-1286 US Order 39 - -
340-ABJI No Diagnostic/Recovery CD media 39 - -
340-BKBT PLCMT,DOC,3050,SFF,DAO 39 - -
551-BBBJ No Intel Responsive 39 - -
340-AGIK Safety/Environment and Regulatory Guide (English/French 39 - -
Multi-language)
329-BBJL TPM Enabled 39 - -
389-BDQH Retail POD 39 - -
340-BKFK Ship Material for Opti 5050 SFF 39 - -
389-BBUU Shipping Label for DAO 39 - -
Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
Sales rep: Jeff Keyes | 3000017781258.1
658-BBTV CMS Essentials DVD no Media 39 - -
389-BLSV Intel Core i5 Processor Label 39 - -
461-AABF No CompuTrace 39 - -
450-AAOJ System Power Cord (Philipine/TH/US) 39 - -
389-BRLH MOD,LBL,REG,SFF,JSD2,3050,APFC 39 - -
800-BBIP Desktop BTS/BTP Shipment 39 - -
998-CHWW Fixed Hardware Configuration 39 - -
803-8583 Dell Limited Hardware Warranty Plus Service 39 - -
803-8590 Onsite Service After Remote Diagnosis 3 Years 39 - -
Subtotal: $24,570.00
Shipping: $0.00
Environmental Fees: $0.00
Estimated Tax: $0.00
Total: $24,570.00
Page 4 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
Sales rep: Jeff Keyes | 3000017781258.1
Important Notes
Terms of Sale
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and
governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy
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binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and
Warranty (for Consumer warranties ; for Commercial warranties).
If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will
apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use
of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of
the Dell-branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA)
and use of the Dell-branded system software is subject to the Dell End User License Agreement - Type S (
www.dell.com/SEULA).
If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the
terms and conditions located at https://mozy.com/about/legal/terms.
You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and
conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict
with, the f oregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed
by Dell that expressly references such terms.
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Note: All tax quoted above is an estimate; final taxes will be listed on the invoice.
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Page 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
COMMISSION MEETING DATE: September 26th, 2017
Date: September 15th, 2017
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Unattended Running Vehicles
_______________________________________________________
SUMMARY OF REQUEST:
The Director of Public Safety requests that the City Commission review and authorize the
adoption of the Unattended Running Vehicle Ordinance. Note: City Ordinance - Chapter 92,
Article V will be included with this adoption. The Director also requests that all level 1-5
parking violations have extended time to pay parking penalties.
FINANCIAL IMPACT:
N/A
BUDGET ACTION REQUIRED:
N/A
STAFF RECOMMENDATION:
Staff recommends adoption of the Unattended Running Vehicle Ordinance and all level 1-5
parking violations have extended time to pay parking penalties.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. _____
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Chapter 92, Article V is amended to add (LO14) which shall read as follows:
(LO14) A person shall not allow a motor vehicle to stand on a highway or places
open to the public unattended without engaging the parking brake or placing the
vehicle in park, stopping the motor of the vehicle, and removing and taking
possession of the ignition key. If the vehicle is standing upon a grade, the front
wheels of the vehicle shall be turned to the curb or side of the highway. This
section does not apply to a vehicle that is standing in a place and is equipped with
a remote start feature, if the remote start feature is engaged.
This ordinance adopted:
Ayes: __________________________________________________________________
Nays: __________________________________________________________________
Adoption Date: ________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________
CITY OF MUSKEGON
By __________________________
Ann Marie Meisch, MMC
City Clerk
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091917.DOCX
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordaniance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the _____ day of ______________, 2017, 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 an 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: ____________, 2017
_________________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on _________________, 2017, the City Commission of the City
of Muskegon amended Chapter 92, Article V adding LO14.
Section 92-71(LO14) prohibits allowing an unattended motor vehicle on any street or other place
open to the public without first engaging the parking brake or stopping the engine, locking the
ignition, and removing or taking possession of the ignition key.
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2017 By: ______________________________
Ann Marie Meisch, MMC, Its Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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City of Muskegon
Muskegon County, Michigan
Ordinance No. _____
THE CITY OF MUSKEGON ORDAINS:
Section 92-73, “Parking violations bureau; minimum parking fines,” of the Code of
Ordinances, City of Muskegon, Michigan is hereby repealed and replaced by the
following:
Sec. 92-73. Parking violations bureau; minimum parking fines.
(1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established
within the city a parking violations bureau to accept pleas of responsible in motor
vehicle parking violation cases and to collect and retain fines and costs as prescribed
by ordinance.
(2) Upon pleading responsible or being found responsible by a court, the fines for
parking violations shall be as follows:
(2.1) Level 1 parking violations.
Code 92-71(1) Offense
LO1 Violation of angle parking/backed into space signs
LO2 Too far from curb
LO2 Parking facing traffic
LO3 Loading zone, Passenger zone (bus/taxi cab zone)
w Parking overtime
x Meter Parking
The penalties for level 1 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$10.00 $20.00 $30.00 $60.00
(2.2) Level 2 parking violations.
Code § 92-
Offense
71(1)
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Code § 92-
Offense
71(1)
a Parking on sidewalk
b Blocking driveways
c Within an intersection
e In a crosswalk
f Within 20 feet of a crosswalk or within 15 feet of property lines at intersection
Too close to a flashing beacon, stop sign, yield sign, traffic control signal, or other
g
traffic sign
h In a safety zone
i Too close to railroad
j Too close to fire station entrance
k Parking: obstruct traffic
m Parking on a bridge or in a tunnel
n Posted prohibited parking; parking violation of any posted signs
o Parking within 500 feet of an accident
p Parking in front of a theater
q Blocking emergency exits
r Blocking fire escape
Within 500 feet of a fire or fire apparatus (except volunteers and vehicles legally
v
parked before the fire)
y Obstruct mail delivery
z Alley parking
LO4 Front and side yard parking
LO7 Parking on terrace or parkway
LO9 2a—6a parking prohibited
LO10 Commercial vehicles
LO11 Unattached trailers and semitrailers
LO12 Display of “for sale” sign while parked on city street or terrace
Other violations
L014 Unattended Vehicles (Running)
The penalties for level 2 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days If paid after 30 days
but before 21 days but before 30 days
$15.00 $30.00 $45.00 $70.00
(2.3) Level 3 parking violations.
Code §92-71(1) Offense
d Too close to a fire hydrant
l Double parking
LO6 Parking outside the lines
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Code §92-71(1) Offense
LO8 Parking in a public park after 11:00 p.m. and before 5:00 a.m.
LO13 Prohibited off-road vehicular traffic
Other violations in any city parks
The penalties for level 3 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$20.00 $40.00 $60.00 $80.00
(2.4) Level 4 parking violations.
Code §92-71(1) Offense
LO5 Parking within 50 feet of a public boat launch
The penalties for level 4 parking violations are as follows:
If paid within 14 days If paid after 14 days If paid after 21 days After 30 days
but before 21 days but before 30 days
$55.00 $65.00 $75.00 $85.00
(2.5) Any other violation of the parking provisions which are not listed in the
above schedules shall be considered level 2 parking violations and shall carry the
penalties set forth above for level 2 violations, except that:
a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking
in a space reserved for persons with disabilities as defined in applicable state
law shall carry a minimum of $105.00, which shall increase to $210.00 after
the first 14 days after the violation, and $315.00 after 30 days; and
b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall
carry a minimum of $30.00, which shall increase to $60.00 after the first 14
days, after 21-30 days the violation will be $90.00 and $120.00 after 30 days.
This ordinance adopted:
AYES:
NAYS:
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ABSENT:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________
Ann Marie Meisch, MMC City Clerk
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VIOLATION SCHEDULE (B) 091917.DOC
Date: September 26, 2017
To: Honorable Mayor and City Commissioners
From: DPW-Engineering
RE: Authorization to Staff to Submit a Transportation
Alternative Program (TAP) Grant Application
SUMMARY OF REQUEST:
Authorize staff to submit a TAP grant application by adopting the attached resolution.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Adopt the attached resolution.
COMMITTEE RECOMMENDATION:
RESOLUTION__________
RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT A GRANT APPLICATION
REQUESTING FUNDING TO THE STATE OF MICHIGAN UNDER THE TAP
(TRANSPORTATION ALTERNATIVE PROGRAM) PROGRAM TO COMPLETE
THE MUSKETAWA TRAIL CONNECTION.
Moved by_____________________________________and supported by
Commissioner___________________________that the following Resolution be
adopted:
Adopted this____________day of____________, 2017.
BY
Stephen J. Gawron, Mayor
ATTEST
Ann Meisch, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
____________, 2017. 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___________________________
Ann Meisch, City Clerk
Commission Meeting Date: September 26, 2017
Date: September 21, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: BID Special Assessment – Resolution Approving District
SUMMARY OF REQUEST:
The Downtown Business Improvement District (BID) Board is requesting that the special
assessment district for downtown properties be expanded and renewed. The previous
BID district was approved for one year on two separate occasions. It is now proposed to
expand the district to include more parcels, modify the property classifications and rates
and to extend the approval for three years. The assessments will continue to go towards
various downtown expenditures, including sidewalk snow removal, spring/fall cleanup
and landscaping, events, directional signs and marketing/advertising. The BID
assessment includes both a “Class A” and a “Class B” district. Please note that on April
25, 2017, the BID Board voted to amend the BID Bylaws to define a “Class B” property
as “Properties located within the Downtown Muskegon Business Improvement District
which are currently used for, or zoned for industrial or manufacturing.” The word
“automotive” was removed from the definition, moving that category of property to “Class
A.” The BID Board also recommends to raise the amount per square footage on “Class
B” properties from $0.02/sf to $0.04/sf and to raise the cap from $750 to $2,000. The
cap on “Class A” properties was recommended to be raised from $3,000 to $4,000.
FINANCIAL IMPACT:
The City will contribute $25,000 per year towards Downtown Muskegon Now as an
administrative fee.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution approving the special assessment district and
authorize the Mayor and Clerk to sign. Also, to appoint two Commissioners to the Board
of Assessors.
CITY OF MUSKEGON
Resolution No. ________
Resolution At First Hearing Creating Special Assessment District For Downtown Muskegon
Business Improvement District (BID) Location and Description of Properties to be assessed:
See Exhibit A attached to this resolution
RECITALS:
1. By resolution of the City Commission, a hearing has been held on September 26, 2017, at 5:30
p.m. at the City Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information are
on file with the City and have been reviewed for this hearing.
3. At the hearing held on September 26, 2017, there were ______________ objections by the owners
of the property in the city registered at the hearing either in writing received before or at the hearing
or by owners or agents present at the hearing, and the Commission has considered the advisability
of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost, including all assessable expenses, and
determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of the
benefit to be received by each property to be assessed in the district for downtown improvements
and services. The City Commission determines that the assessments of costs of the City project
will enhance the value of the property to be assessed in an amount at least equivalent to the
assessment and that the improvement thereby constitutes a benefit and remove a burden from the
property associated with the services and improvements to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include all of the property
included in Exhibit A.
2. The City Commission determines to proceed with the special assessment.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
_____________________ and _____________________________ and the city Assessor who are
hereby directed to prepare an assessment roll. Assessments shall be made upon a benefit basis.
4. It is hereby determined that, based on the estimates of cost for services and improvements
downtown, the City will levy a special assessment in the said district on “Class A” Properties, as
defined in the BID Bylaws, for an annual assessment of $0.08/sf with no assessment to exceed
$4,000 and “Class B” Properties, as defined in the BID Bylaws, for an annual assessment of
$0.04/sf with no assessment to exceed $2,000 commencing with the Winter 2017 tax bill.
5. Upon Submission of the special assessment roll, the City staff is hereby directed to notify all
owners and persons interested in properties to be assessed of the hearing at which the City
Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes__________________________________________________________________________
Nays __________________________________________________________________________
CITY OF MUSKEGON
By __________________________________
Ann Marie Meisch, Clerk
By __________________________________
Stephen J. Gawron, Mayor
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on September 26, 2017. 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 _________________________________
Ann Marie Meisch, Clerk
Attachment A - Location and Description of Properties to be Assessed
%_of_Assessed ass'mt based on
PARCEL NO. PROPERTY ADDRESS OWNER NUMBER STREET CITY STATE ZIP SF_of_Lot ASS'MT AMT Properties sq ftage CLASS
24-138-000-0104-00 297 W CLAY AVE 104 JANSKI LLC PO BOX 1225 MUSKEGON MI 49443 1261.26 100.90 0.035497718 0.002839817 A
24-204-000-0000-00 333 W WESTERN AVE NEW TREND INVESTMENTS LLC 8868 WATER ST MONTAGUE MI 49437 9280.54 742.44 0.261197530 0.020895802 A
24-205-174-0004-00 750 PINE ST BOLEN DAVID L PO BOX 113 ROTHBURY MI 49452-0113 19140.00 1531.20 0.538688559 0.043095085 A
24-205-174-0008-00 772 PINE ST WITT LEE A TRUST 1501 RUDDIMAN DR MUSKEGON MI 49445 4224.00 337.92 0.118882992 0.009510639 A
24-205-175-0001-00 111 W WESTERN AVE J E REAL ESTATE CO LLC 111 W WESTERN AVE MUSKEGON MI 49442 27142.00 2171.36 0.763902030 0.061112162 A
24-205-175-0006-00 121 W WESTERN AVE FIRST GENERAL CREDIT UNION 589 E ELLIS RD MUSKEGON MI 49441 16005.00 1280.40 0.450455088 0.036036407 A
24-205-175-0010-00 790 TERRACE ST DISSELKOEN JACK 3315 REAL STREET HOUSTON TX 77087 13719.00 1097.52 0.386116423 0.030889314 A
24-205-175-0015-00 806 TERRACE ST RIEGLER PROPERTIES LLC 808 TERRACE ST MUSKEGON MI 49440-1123 3780.00 302.40 0.106386769 0.008510941 A
24-205-175-0016-00 820 TERRACE ST CZM PROPERTIES LLC 700 TERRACE POINT RD #400 MUSKEGON MI 49440 11616.00 929.28 0.326928229 0.026154258 A
24-205-175-0018-00 118 W CLAY AVE VERIZON INC 401 MERRITT 7 NORWALK CT 6851 17424.00 1393.92 0.490392343 0.039231387 A
24-205-175-0020-00 98 W CLAY AVE SEARER JAMES M 907 N SANDALWOOD CIR MUSKEGON MI 49441 1881.00 150.48 0.052940083 0.004235207 A
24-205-175-0021-00 777 PINE ST ELENBAAS HOLDINGS LLC 777 PINE ST MUSKEGON MI 49442 15576.00 1246.08 0.438381034 0.035070483 A
24-205-176-0001-00 860 TERRACE ST FRONTIER COMMUNICATIONS 407 MERRITT 7 NORWALK CT 6851 82148.22 4000.00 2.312032719 0.184962618 A
24-205-176-0003-00 103 W CLAY AVE NOORDYK WILLIAM TRUST 2700 KENOWA NW GRAND RAPIDS MI 49544 5874.00 469.92 0.165321661 0.013225733 A
24-205-176-0005-00 121 W CLAY AVE JILLIAN & JORDAN LLC 675 RICHMOND NW GRAND RAPIDS MI 49504 4884.00 390.72 0.137458460 0.010996677 A
24-205-177-0005-00 794 PINE ST COREPARK INVESTMENTS LLC 1985 E LAKETON AVE MUSKEGON MI 49442 22235.00 1778.80 0.625796244 0.050063699 A
24-205-186-0006-00 830 PINE ST GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442-3553 1452.00 116.16 0.040866029 0.003269282 A
24-205-186-0007-00 840 PINE ST GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442-3553 2904.00 232.32 0.081732057 0.006538565 A
24-205-186-0009-00 860 PINE ST E J E PROPERTIES LLC 14126 GREEN ST GRAND HAVEN MI 49417 16045.00 1283.60 0.451580874 0.036126470 A
24-205-187-0001-00 833 PINE ST JERVISS-FETHKE INSURANCE AGENCY INC 71 W WEBSTER AVE MUSKEGON MI 49440 3960.00 316.80 0.111452805 0.008916224 A
24-205-187-0003-00 839 PINE ST GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442-3553 3960.00 316.80 0.111452805 0.008916224 A
24-205-187-0005-00 845 PINE ST GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442-3553 3168.00 253.44 0.089162244 0.007132980 A
24-205-187-0006-00 849 PINE ST GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442-3553 2436.00 194.88 0.068560362 0.005484829 A
24-205-187-0007-00 71 W WEBSTER AVE FETHKE KAREN J TRUST 1201 MILLS AVE MUSKEGON MI 49445 14700.00 1176.00 0.413726323 0.033098106 A
24-205-187-0016-00 908 TERRACE ST AUTHORITY BASE VALUE 888 TERRACE ST MUSKEGON MI 49440 1320.00 105.60 0.037150935 0.002972075 A
24-205-188-0004-00 928 TERRACE ST BK MUSKEGON PROPERTIES LLC 4220 EDISON LAKES PKWY MISHAWAKA IN 46545 46264.00 3701.12 1.302083986 0.104166719 A
24-205-188-0011-00 944 TERRACE ST 1ST ASSURED PROPERTIES INC 2081 LETART AVE MUSKEGON MI 49441 4620.00 369.60 0.130028273 0.010402262 A
24-205-188-0012-00 952 TERRACE ST SWIATEK TRUST 4778 RUSSELL RD MUSKEGON MI 49445 13860.00 1108.80 0.390084818 0.031206785 A
24-205-188-0013-00 8 W WALTON AVE 8 W WALTON LLC 8 W WALTON AVE MUSKEGON MI 49440 9240.00 739.20 0.260056546 0.020804524 A
24-205-189-0010-00 896 PINE ST WILSON EUDORA B JR 8812 62ND AVE COLLEGE PARK MD 20740 3480.00 278.40 0.097943374 0.007835470 A
24-205-313-0005-00 435/441 W WESTERN AVE PH HOLDING LLC PO BOX 388 MUSKEGON MI 49443 12904.00 1032.32 0.363178535 0.029054283 A
24-205-313-0006-00 451 W WESTERN AVE COREPARK INVESTMENTS LLC 111 W WESTERN AVE MUSKEGON MI 49442 9240.00 739.20 0.260056546 0.020804524 A
24-205-314-0001-10 477 W WESTERN AVE 475 W WESTERN AVE LLC 1887 HOLTON RD STE D-279 MUSKEGON MI 49445 1500.00 120.00 0.042216972 0.003377358 A
24-205-315-0001-00 521 W WESTERN AVE BABBITT E C/P R TRUST 4473 CHERRYWOOD CT MUSKEGON MI 49441 13860.00 1108.80 0.390084818 0.031206785 A
24-205-315-0003-00 545 W WESTERN AVE HERITAGE MEMORIAL GARDEN 4473 CHERRYWOOD COURT MUSKEGON MI 49441 13860.00 1108.80 0.390084818 0.031206785 A
24-205-315-0004-00 555 W WESTERN AVE INGALLS REAL ESTATE ACQ. LLC 555 W WESTERN AVE MUSKEGON MI 49440 11823.00 945.84 0.332754171 0.026620334 A
24-205-315-0005-00 561 W WESTERN AVE MUSKEGON HERITAGE ASSOC 561 W WESTERN AVE MUSKEGON MI 49440 5487.00 438.96 0.154429682 0.012354375 A
24-205-315-0005-10 557 W WESTERN AVE CBT ENTERPRISES LLC 1003 W MAIN ST FREMONT MI 49412 1185.00 94.80 0.033351408 0.002668113 A
24-205-315-0006-00 563 W WESTERN AVE 3M INVESTMENTS LLC 565 W WESTERN AVE STE B MUSKEGON MI 49440 9235.00 738.80 0.259915822 0.020793266 A
24-205-316-0001-00 587 W WESTERN AVE EBEE PROPERTIES LLC 1685 68TH ST SE CALEDONIA MI 49316 12320.00 985.60 0.346742061 0.027739365 A
24-205-316-0004-00 591 W WESTERN AVE NORTH EAST BUSINESS ASSOC LLC 5691 17 MILE RD CEDAR SPRINGS MI 49319 3360.00 268.80 0.094566017 0.007565281 A
24-205-316-0005-00 593 W WESTERN AVE MUSKEGON LAKEVIEW CONDOS LLC 15877 LAKE AVE GRAND HAVEN MI 49417 10920.00 873.60 0.307339554 0.024587164 A
24-205-316-0007-00 605 W WESTERN AVE WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON MI 49440 3354.00 268.32 0.094397149 0.007551772 A
24-205-316-0008-00 607 W WESTERN AVE WESTERN AVE LLC 605 W WESTERN AVE MUSKEGON MI 49440 4486.00 358.88 0.126256890 0.010100551 A
24-205-316-0009-10 609 W WESTERN AVE EMP LLC 16149 BAIRD CT SPRING LAKE MI 49456 2744.00 219.52 0.077228914 0.006178313 A
1
Attachment A - Location and Description of Properties to be Assessed
24-205-317-0007-00 1208 8TH ST JACOBSEN MICHAEL H TRUST 35 RESEARCH DR STE 300 ANN ARBOR MI 48103 24222.00 1937.76 0.681719659 0.054537573 A
24-205-317-0009-10 600 W CLAY AVE MILL STREET GROUP LLC 35 RESEARCH DR STE 300 ANN ARBOR MI 48103 2464.00 197.12 0.069348412 0.005547873 A
24-205-318-0001-10 683 W WESTERN AVE GRAND TRUNK LLC 1007 MOORINGS CT N MUSKEGON MI 49445 2254.00 180.32 0.063438036 0.005075043 A
24-205-318-0003-00 1250 9TH ST STRONG LEIGH JR/LINDA 2084 MARYLAND MUSKEGON MI 49441 21120.00 1689.60 0.594414961 0.047553197 A
24-205-321-0001-00 665 W CLAY AVE WWG HOLDINGS LLC 665 W CLAY AVE MUSKEGON MI 49440 27720.00 2217.60 0.780169637 0.062413571 A
24-205-321-0004-00 699 W CLAY AVE WWG HOLDINGS LLC 665 W CLAY AVE MUSKEGON MI 49441 27580.00 1782.40 0.776229386 0.062098351 A
24-205-321-0007-00 1288 9TH ST RELIABLE TOWING INC 1288 9TH ST MUSKEGON MI 49441 41758.00 3340.64 1.175264203 0.094021136 A
24-205-321-0012-00 1237 8TH ST WWG HOLDINGS LLC 665 W CLAY AVE MUSKEGON MI 49440 13400.00 1072.00 0.377138280 0.030171062 A
24-205-322-0002-00 611 W CLAY AVE MOORE BRENDA M 611 W CLAY AVE MUSKEGON MI 49440 9147.60 731.81 0.257455980 0.020596478 A
24-205-322-0003-00 623 W CLAY AVE REAL EQUITIES LLC 203 CUTLER ST SPRING LAKE MI 49456 18388.00 1471.04 0.517523784 0.041401903 A
24-205-322-0005-00 639 W CLAY AVE REAL EQUITIES LLC 203 CUTLER ST SPRING LAKE MI 49456 17424.00 1393.92 0.490392343 0.039231387 A
24-205-323-0006-00 585 W CLAY AVE J & J CORNER PROPERTIES LLC 585 W CLAY AVE MUSKEGON MI 49440 5247.00 419.76 0.147674967 0.011813997 A
24-205-329-0001-00 885 JEFFERSON ST HENNESSY HOLDING LLC 1074 JEFFERSON ST MUSKEGON MI 49440 17325.60 1386.05 0.487622910 0.039009833 A
24-205-330-0001-00 835 TERRACE ST CIHAK CHARLES W/LINDA B 835 TERRACE ST MUSKEGON MI 49440 8392.00 671.36 0.236189884 0.018895191 A
24-205-330-0002-00 165 W CLAY AVE 165 CLAY LLC PO BOX 809 MUSKEGON MI 49443 4997.00 399.76 0.140638805 0.011251104 A
24-205-330-0004-00 173 W CLAY AVE DOOM INVESTMENTS LLC 2034 LAKESHORE DR MUSKEGON MI 49441 6864.00 549.12 0.193184862 0.015454789 A
24-205-330-0008-00 896 JEFFERSON ST 896 JEFFERSON LLC PO BOX 809 MUSKEGON MI 49443 8976.00 718.08 0.252626359 0.020210109 A
24-205-330-0010-00 136 W WEBSTER AVE 136 WEBSTER LLC 648 MONROE AVE NW STE 101 GRAND RAPIDS MI 49503 17424.00 1393.92 0.490392343 0.039231387 A
24-205-331-0001-00 122 W MUSKEGON AVE SQUARE TWO DEVELOPMENT LLC 950 28TH ST SE B-200 GRAND RAPIDS MI 49508 42125.00 3370.00 1.185593288 0.094847463 A
24-205-331-0001-10 877 TERRACE ST FIFTH THIRD BANK 38 FOUNTAIN SQ PLAZA MD 10ATA1 CINCINNATI OH 45263 58695.00 4000.00 1.651950102 0.132156008 A
24-205-332-0008-00 935 JEFFERSON ST HAIRITAGE PROPERTIES LLC 1768 BAYVIEW DR MUSKEGON MI 49441 4183.00 334.64 0.117729062 0.009418325 A
24-205-333-0001-00 221 W WEBSTER AVE HUNTINGTON BANK P O BOX 182334 COLUMBUS OH 43218-2334 92696.00 4000.00 2.608896272 0.208711702 A
24-205-351-0005-00 275 W MUSKEGON AVE SPIRIT SPE PORTFOLIO CA C-STORES LL 1410 COMMONWEALTH DR SUITE 202 WILMINGTON NC 28403 17424.00 1393.92 0.490392343 0.039231387 A
24-205-351-0007-00 1100 3RD ST VENTURE ONE MANAGEMENT LLC 1100 3RD ST MUSKEGON MI 49441 8712.00 696.96 0.245196172 0.019615694 A
24-205-365-0001-00 1144 3RD ST MARTELL MANAGEMENT LLC 210 HODENPYL RD SE GRAND RAPIDS MI 49506 117612.00 4000.00 3.310148317 0.264811865 A
24-205-367-0001-00 1115 3RD ST PIONEER RESOURCES INC 601 TERRACE ST #100 MUSKEGON MI 49440 4356.00 348.48 0.122598086 0.009807847 A
24-205-367-0011-00 1141 3RD ST AGUILAR LUIS 8726 S HUSTON CHICAGO IL 60617 2352.00 188.16 0.066196212 0.005295697 A
24-205-367-0011-10 1147 3RD ST 1145 3RD STREET LLC PO BOX 809 MUSKEGON MI 49443 6228.00 498.24 0.175284866 0.014022789 A
24-205-367-0012-00 1137 3RD ST LEMKE DELORES J/LEMKE KIM A 1137 3RD ST MUSKEGON MI 49441 4536.00 362.88 0.127664122 0.010213130 A
24-205-367-0013-00 1133 3RD ST NAP DEVELOPMENT LLC 950 28TH ST SE B200 GRAND RAPIDS MI 49508 4176.00 334.08 0.117532049 0.009402564 A
24-205-367-0014-00 1129 3RD ST MJ PLACE LLC 3497 MACARTHUR RD MUSKEGON MI 49442 1386.00 110.88 0.039008482 0.003120679 A
24-205-367-0015-00 1125 3RD ST LINK BRAD D 1125 3RD ST MUSKEGON MI 49441 5805.00 464.40 0.163379680 0.013070374 A
24-205-367-0016-00 1121 3RD ST SQUARE TWO DEVELOPMENT 950 28TH ST SE B200 GRAND RAPIDS MI 49508 1584.00 126.72 0.044581122 0.003566490 A
24-205-379-0001-00 1157 3RD ST S & R KADO LLC 2513 VISTA POINT CT NW GRAND RAPIDS MI 49534 17424.00 1393.92 0.490392343 0.039231387 A
24-205-379-0011-00 1185 3RD ST INTNATL. AUTO GROUP LLC 1185 3RD ST MUSKEGON MI 49441 17820.00 1425.60 0.501537624 0.040123010 A
24-205-555-0001-00 100 W WESTERN AVE THEBO JOYCE M REVOCBLE LIVING TRUST 45995 MEADOW CIRCLE E MACOMB MI 48044 16103.00 1288.24 0.453213263 0.036257061 A
24-205-556-0001-00 149 SHORELINE DR HOT ROD HARLEY DAVIDSON 149 SHORELINE DR MUSKEGON MI 49440 296454.83 4000.00 8.343616778 0.667489342 A
24-205-562-0001-00 715 TERRACE ST MOKA CORPORATION 715 TERRACE ST MUSKEGON MI 49440 93218.40 4000.00 2.623599036 0.209887923 A
24-205-563-0006-00 902 3RD ST HUME PROPERTIES LLC 900 3RD ST STE 302 MUSKEGON MI 49440 56437.31 4000.00 1.588408213 0.127072657 A
24-205-563-0008-10 372 MORRIS AVE MORRIS ST LLC 425 W WESTERN AVE SUITE 200 MUSKEGON MI 49440 313632.00 4000.00 8.827062178 0.706164974 A
24-205-563-0008-11 340 MORRIS AVE MUSKEGON GSA LLC 6641 WEST BROAD ST STE 101 RICHMOND VA 23230 47579.91 3806.39 1.339119809 0.107129585 A
24-205-566-0009-00 428 W WESTERN AVE PARKLAND HUDSONVILLE LLC 75 W WALTON AVE #A MUSKEGON MI 49440 11648.00 931.84 0.327828858 0.026226309 A
24-205-566-0013-00 442 W WESTERN AVE G & Z PROPERTIES LLC 442 W WESTERN AVE MUSKEGON MI 49440 2741.20 219.30 0.077150109 0.006172009 A
24-205-566-0014-00 446 W WESTERN AVE 446 W WESTERN AVE LLC 446 W WESTERN AVE MUSKEGON MI 49440 4168.60 333.49 0.117323779 0.009385902 A
24-205-567-0001-10 450 W WESTERN AVE 450 W WESTERN LLC 4880 RAMBLING CREEK DR MUSKEGON MI 49441 7858.22 628.66 0.221166834 0.017693347 A
24-205-567-0001-20 490 W WESTERN AVE PORT CITY CIO BLDG 490 W WESTERN AVE MUSKEGON MI 49440 7195.14 575.61 0.202504681 0.016200374 A
24-205-567-0001-40 500 W WESTERN AVE 500 WEST WESTERN AVE LLC PO BOX 1051 MATTHEWS NC 28106 9448.16 755.85 0.265915136 0.021273211 A
2
Attachment A - Location and Description of Properties to be Assessed
24-205-567-0001-50 955 3RD ST PARKLAND ACQUISITION LLC 75 W WALTON AVE STE 1 MUSKEGON MI 49440 69696.00 0.00 1.961569373 0.156925550 A
24-233-000-0001-00 387 MORRIS AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 24572.00 1965.76 0.691570286 0.055325623 A
24-233-000-0002-00 401 MORRIS AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 24571.79 1965.74 0.691564375 0.055325150 A
24-233-000-0004-00 360 W WESTERN AVE RUSSELL BLOCK DEV LLC PO BOX 732 MUSKEGON MI 49443-0732 7805.11 624.41 0.219672072 0.017573766 A
24-233-000-0005-00 356 W WESTERN AVE CENTURY CLUB DEV LLC PO BOX 732 MUSKEGON MI 49443-0732 5581.67 446.53 0.157094136 0.012567531 A
24-233-000-0006-00 350 W WESTERN AVE BLIND PIG PROPERTIES LLC 800 FIRST ST #357 MUSKEGON MI 49443 4889.49 391.16 0.137612974 0.011009038 A
24-233-000-0007-00 351 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 21714.00 1737.12 0.611132882 0.048890631 A
24-233-000-0008-00 379 W WESTERN AVE SIDOCK PROPERTIES LLC 42650 GRAND RIVER AVE NOVI MI 48374 22542.00 1803.36 0.634436651 0.050754932 A
24-233-000-0012-00 325 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 7945.21 635.62 0.223615137 0.017889211 A
24-233-000-0013-00 307 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 16477.87 1318.23 0.463763848 0.037101108 A
24-233-000-0014-00 299 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 8223.06 657.84 0.231435128 0.018514810 A
24-233-000-0015-00 295 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 8213.94 657.12 0.231178448 0.018494276 A
24-233-000-0024-00 292 W WESTERN AVE DOWNTOWN MUSKEGON DEV CO 425 W WESTERN AVE STE 200 MUSKEGON MI 49440 42503.25 3400.26 1.196239001 0.095699120 A
24-233-000-0025-00 376 W WESTERN AVE RUSSELL BLOCK DEV LLC PO BOX 732 MUSKEGON MI 49443-0732 3172.95 253.84 0.089301560 0.007144125 A
24-432-000-0001-00 380 W WESTERN AVE MUSKEGON CHAMBER BLDG LLC 300 WASHINGTON AVE STE 200 GRAND HAVEN MI 49417 15289.80 1223.18 0.430326036 0.034426083 A
24-485-000-0000-00 878 JEFFERSON ST JEFFERSON PROF CONDOMINIUM 878 JEFFERSON ST MUSKEGON MI 49440 36432.00 2914.56 1.025365809 0.082029265 A
24-605-000-0001-00 939 3RD ST PARKLAND ACQ. LLC (2/3 INT) 75 W WALTON MUSKEGON MI 49440 67884.00 4000.00 1.910571271 0.152845702 A
24-792-000-0001-00 316 MORRIS AVE HINMAN LAKE LLC 750 TRADE CENTRE WAY STE 100 PORTAGE MI 49002 239828.00 4000.00 6.749874592 0.539989967 A
24-205-174-0002-00 67 W WESTERN AVE WITT LEE A CREDIT TRUST 1501 RUDDIMAN DR MUSKEGON MI 49445 50529.60 4000.00 1.422137795 0.113771024 A
24-205-174-0009-00 28 E CLAY AVE WITT LEE A TRUST 1501 RUDDIMAN DR MUSKEGON MI 49445 49222.80 0.00 1.385358370 0.110828670 A
24-205-186-0001-00 9 E WEBSTER AVE EJE PROPERTIES LLC 14126 GREEN ST GRAND HAVEN MI 49417 44866.80 3589.34 1.262760284 0.101020823 A
24-205-186-0025-00 805 SPRING ST EJE PROPERTIES LLC 14126 GREEN ST GRAND HAVEN MI 49417 6098.40 487.87 0.171637320 0.013730986 A
24-205-186-0019-00 12 E MUSKEGON AVE PIGEON CREEK FURNITURE LLC 6460 MIDDLE LAKE RD TWIN LAKE MI 49457 8712.00 696.96 0.245196172 0.019615694 A
24-205-189-0005-00 11 E MUSKEGON AVE ADMIRAL REAL ESTATE LLC 785 W RANDALL ST COOPERSVILLE MI 49404 21344.40 1707.55 0.600730620 0.048058450 A
24-205-189-0001-00 45 E MUSKEGON AVE LAKETON PROPERTIES LLC 45 E MUSKEGON AVE MUSKEGON MI 49440 34412.40 2752.99 0.968524878 0.077481990 A
24-205-354-0007-00 120 W APPLE AVE REP IPSA PO Box 599 MUSKEGON MI 49443 19602.00 1568.16 0.551691386 0.044135311 A
24-205-354-0001-00 151 W MUSKEGON AVE BURIS ROSE M TRUST 151 W MUSKEGON AVE MUSKEGON MI 49440 15246.00 1219.68 0.429093300 0.034327464 A
24-205-354-0002-00 165 W MUSKEGON AVE SUNRISE PROPERTIES LLC 18505 92ND AVE COOPERSVILLE MI 49404 16988.40 1359.07 0.478132535 0.038250603 A
24-205-332-0007-00 156 W MUSKEGON AVE HAIRITAGE PROPERTIES LLC 1768 BAYVIEW DR MUSKEGON MI 49441 3484.80 278.78 0.098078469 0.007846277 A
24-205-332-0006-00 164 W MUSKEGON AVE HAIRITAGE PROPERTIES LLC 1768 BAYVIEW DR MUSKEGON MI 49441 8276.40 662.11 0.232936363 0.018634909 A
24-205-332-0005-00 976 1st ST GREEN BACS LLC 4121 OKEMOS RD STE 12 OKEMOS MI 48864 9147.60 731.81 0.257455980 0.020596478 A
24-205-324-0012-00 446 W WEBSTER AVE LORING DAVID/LORI 446 W WEBSTER AVE MUSKEGON MI 49440 10018.80 801.50 0.281975597 0.022558048 A
24-205-316-0018-00 546 W CLAY AVE 3M INVESTMENTS 565 W WESTERN AVE, STE B MUSKEGON MI 49440 7840.80 627.26 0.220676554 0.017654124 A
24-205-176-0015-00 813 PINE ST NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 4554.00 364.32 0.128170726 0.005126829 A
24-205-177-0007-00 820 PINE ST NW MILL REAL ESTATE LLC 820 PINE ST MUSKEGON MI 49442 26136.00 2090.88 0.735588515 0.029423541 A
24-205-176-0013-00 821 PINE ST NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 1386.00 110.88 0.039008482 0.001560339 A
24-205-177-0004-00 43 W CLAY AVE NW MILL REAL ESTATE LLC 820 PINE ST MUSKEGON MI 49442 8712.00 696.96 0.245196172 0.009807847 A
24-205-176-0012-00 66 W WEBSTER AVE NW AMERICA REAL ESTATE LLC 2648 E WHITE LAKE DR TWIN LAKE MI 49457 5676.00 454.08 0.159749021 0.006389961 A
24-205-177-0001-00 4 W WEBSTER AVE COREPARK INVESTMENTS LLC 111 W WESTERN AVE MUSKEGON MI 49442 47916.00 3833.28 1.348578944 0.053943158 A
24-205-177-0003-00 39 W CLAY AVE COTAL SULEYMAN 390 W MUSKEGON AVE MUSKEGON MI 49440 4356.00 348.48 0.122598086 0.004903923 A
24-205-186-0005-00 51 W WEBSTER AVE GILL EASTER JONES 1215 SPRING ST MUSKEGON MI 49442 2739.00 219.12 0.077088190 0.003083528 A
24-205-186-0015-00 866 PINE ST SMITH ROGER W ET UX 948 WENDOVER BLVD MUSKEGON MI 49441 7440.00 595.20 0.209396180 0.008375847 A
24-205-186-0018-00 870 PINE ST SMITH ROGER W ET UX 948 WENDOVER BLVD MUSKEGON MI 49441 2480.00 198.40 0.069798727 0.002791949 A
24-205-314-0001-00 471 W WESTERN AVE LAKESHORE MUSEUM CENTER 430 W CLAY AVE MUSKEGON MI 49440 2024.00 161.92 0.056964767 0.002278591 A
24-205-314-0002-00 479 W WESTERN AVE CITIPARC LLC 111 W WESTERN AVE MUSKEGON MI 49442 10420.00 833.60 0.293267230 0.011730689 A
24-205-314-0003-00 479 W WESTERN AVE CITIPARC LLC 111 W WESTERN AVE MUSKEGON MI 49442 22176.00 1774.08 0.624135710 0.024965428 A
24-205-314-0005-00 495 W WESTERN AVE CITIPARC LLC 111 W WESTERN AVE MUSKEGON MI 49442 9504.00 760.32 0.267486733 0.010699469 A
3
Attachment A - Location and Description of Properties to be Assessed
24-205-314-0006-00 495 W WESTERN AVE CITIPARC LLC 111 W WESTERN AVE MUSKEGON MI 49442 9504.00 760.32 0.267486733 0.010699469 A
24-205-330-0003-00 163 W CLAY AVE 165 CLAY LLC 1042 TERRACE ST MUSKEGON MI 49442 5109.00 408.72 0.143791006 0.005751640 A
24-234-000-0001-00 285 W WESTERN AVE PARKLAND MUSKEGON INC 75 W WALTON AVE MUSKEGON MI 49440 11053.91 884.31 0.311108404 0.012444336 A
24-234-000-0002-00 255 W WESTERN AVE CITY OF MUSKEGON 16080.98 1286.48 0.452593518 0.018103741 A
24-234-000-0003-00 255 W WESTERN AVE CITY OF MUSKEGON 13264.14 1061.13 0.373314549 0.014932582 A
24-792-000-0001-00 316 MORRIS AVE HINMAN LAKE LLC 750 TRADE CENTRE WAY STE 100 PORTAGE MI 49002 239828.00 4000.00 6.749874592 0.269994984 A
24-233-000-0016-00 296 W CLAY AVE HSD II LLC 272 W CLAY AVE MUSKEGON MI 49440 7564.06 605.12 0.212887805 0.008515512 A
24-205-318-0001-00 664 W CLAY AVE MJ DOWNTOWN PROPERTIES LLC 5142 EVANSTON AVE MUSKEGON MI 49442 77614.00 2000.00 2.184418694 0.087376748 B
24-205-318-0008-00 650 W CLAY AVE MJ DOWNTOWN PROPERTIES LLC 5142 EVANSTON AVE MUSKEGON MI 49442-4852 4800.00 192.00 0.135094309 0.005403772 B
24-205-322-0007-00 1236 8TH ST CMN ENTERPRISES LLC 18193 YUMA CT SPRING LAKE MI 49456 17424.00 696.96 0.490392343 0.019615694 B
24-205-316-0013-00 1150 7TH ST 1150 7TH ST LLC 280 NORTHLAND DR NE ROCKFORD MI 49341 14000.00 560.00 0.394025069 0.015761003 B
100.000000000
Square footage assessed: 3553073.42 $ 179,933.22
Total of assessments
Assessment amount
Class Amt per s/f Max cap
A 0.08 $ 4,000.00
B 0.04 $ 2,000.00
4
COMMISSION MEETING DATE: September 26, 2017
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 #: EN1711742
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the Garage structure located at 561
Catherine Ave is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolition of the structure and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible bidder or
staff may issue infraction tickets to the owner, agent or responsible party if they do not
demolish the structure.
Location and ownership: This structure is located on Catherine Ave between Maple
Street and Chestnut Street in the Angell Neighborhood and is owned by Aaron Gray,
561 Catherine Ave, Muskegon.
Staff Correspondence: A property maintenance notice to repair was sent on 5-25-17,
with no response from the owner. A “final notice” was sent on 6-16-17, with no response
from the owner. The Notice and Order to Repair or Remove was issued on 08/07/17,
with no response from the owner. On 09/07/17 the HBA declared the garage structure
substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $26,000 (entire property)
Garage Valve: $13,144
Estimated cost to repair garage: $9,100
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact: No owner contact.
Permits obtained: None
DANGEROUS BUILDING INSPECTION
Enforcement # EN1711742
Property Address: 561 CATHERINE AVE (GARAGE ONLY)
Parcel # 24-205-081-0004-00
Date completed: May 17, 2017
DEFICENCIES:
1. Garage roof covering is deteriorated and missing in several areas
2. Roof has hole(s) and roof decking is rotted
3. Siding has peeling paint
4. Soffits are rotted, missing or not attached
5. Addition on east side of the garage, the roof has collapsed
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.
PHOTOS of the Garage of 561 Catherine Ave
Roof
Collapse
COMMISSION MEETING DATE: September 26, 2017
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 #: EN1713224 – 216 Allen 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 216 Allen Ave is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder or staff may issue infraction tickets to the owner,
agent or responsible party if they do not demolish the structure.
Location and ownership: This structure is located on Allen Ave between Fork
Street and the dead end and is located in the Angell neighborhood. The property
is owned by Mohinder Baria, 7050 Nantucket Dr SW, Byron Center, MI.
Staff Correspondence: The Notice and Order to Repair was issued on
07/05/17. On 08/03/17 the HBA granted the owner additional 30 days to provide
the inspections dept. a plan of abatement. On 9-7-17, with no plan of abatement
submitted, the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 3,000
Estimated cost to repair: $ 29,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Owner Contact: The owner made contact with the inspections dept. prior to the
August 3, 2017 HBA meeting stating he would be demolishing the home. At
August 3rd HBA meeting, he informed the HBA he wanted to restore the home
and ask the HBA for additional time to provide his plan to repair. The HBA
granted the owner an additional 30 days to provide a plan of abatement. The
owner made no further contact with the inspections dept.
Permits obtained: None
DANGEROUS BUILDING INSPECTION REPORT
Enforcement # EN1713224
Property Address: 216 ALLEN AVE
Parcel # 24-205-209-0008-00
Date completed: July 5, 2017
DEFICENCIES:
1) Siding is rotted, missing and has peeling paint in numerous locations
2) Windows are broken, cracked or missing
3) Recently installed windows must be installed to code and must meet the
requirements of the energy code
4) Roof is deteriorated and missing in several locations
5) Soffits and fascia are rotted, missing or not attached and has peeling paint
6) Front porch deck is rotted or missing
7) Handrail is missing on front porch steps
8) Basement windows and windows frames are missing
9) Foundation is cracked in several locations
10) Rear entry door is rotted and “dog door” must be installed correctly
11) Rear entry steps are missing
12) Electrical & gas meter are currently attached to the structure
13) No water usage since November of 2015
14) Structure fire occurred September 5, 2016
15) Registered vacant in August of 2016
Note: This reflects an “Exterior Only” inspection
Based upon my recent inspection of the above property I determined that the structure meets the definition
of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City
Code.
PHOTOS of 216 Allen Ave
COMMISSION MEETING DATE: September 26, 2017
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 #: EN1714963
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 189 Strong Ave is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder or staff may issue infraction tickets to the owner,
agent or responsible party if they do not demolish the structure.
Location and ownership: This structure is located on Strong Ave between 4th
Street and 5th Street in the Nelson Neighborhood and Campus Historic District.
The property is owned by Muskegon County Treasurer / Land Bank.
Staff Correspondence: A structure fire occurred on 08/14/17. A dangerous
building inspection was conducted on 08/17//17. On 08/17/17, a request to
demolish the structure was send to the State Historic Preservation Organization
(SHPO) as the structure is located in the Campus Historic District. On 09-05-17,
the Muskegon Historic District Commission concurred with the inspections dept.
to demolish the structure upon the decision of SHPO. On the 09/07/17, the HBA
declared the structure substandard and dangerous.
Financial Impact: Escrow Funds
Budget action required: None
State Equalized value: $25,200
Estimated cost to repair: $55,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional: Demolition to include the detached garage
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.
Dangerous Building Report
Enforcement # EN1714963
Property Address: 189 STRONG AVE
Parcel # 24-205-397-0012-10
Date completed: August 17, 2017
NOTE: This home was severely damaged by fire on August 14, 2017.
DEFICENCIES:
1. Heavy fire damage to the upper floor of the home. Rear roof of the
structure was consumed by fire leaving a large opening
2. Heavy smoke and heat damage noted throughout the structure
3. Many windows are broken, damaged or missing
4. Major water damage noted throughout the home. The plaster ceilings
have collapsed from the weight of the water in the dining room,
kitchen, living room and stairways.
5. Unable to enter the basement at the time of the inspection due to the
high water level
6. The garage roof has deteriorated and must be replace
7. The garage siding is rotted in several areas and has peeling paint
8. The utilities have been terminated to the structure.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
PHOTOS OF 189 STRONG AVE
Hole in roof
from fire
COMMISSION MEETING DATE: September 26, 2017
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 #: EN1713088 – 1750 Pine St
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 1750 Pine St is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue infraction
tickets to the owner, agent or responsible party if they do not demolish the structure.
Location and ownership: This structure is located on Pine Street between East Larch
Ave and East Laketon Ave in the McLaughlin Neighborhood. The structure is owned by
JP Morgan Chase Bank, 1111 Polaris PKWY, Columbus, OH.
Staff Correspondence: The “notice & order to repair” was sent on 8/07/2017. A “10
day notice” was sent on 8/28/2017 for the September 7, 2017 HBA hearing. On
September 7, 2017 the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $14,500
Estimated cost to repair: $19,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact: A contractor for the owner contacted the Inspection Department and
requested an interior inspection. An inspection was conducted on 6-28-17. The
contractor said he would be allowed to complete certain items listed in an insurance
claim filed by the owner. The contractor applied for a building permit but did not return
the necessary payment and paperwork. No permits were issued. We received no
contact or correspondence from the contractor or owner until September 8, 2017 a day
after the HBA hearing. The contractor sent a request to obtain the building permit to
complete the repairs. After reviewing the proposed repairs, the permit was denied. The
contractor’s proposed repairs do not address all deficiencies listed in the dangerous
building inspection report. Contractor estimated repair cost of $6,755.36. Staff estimated
cost to repair at $19,000.
Permits obtained: None
DANGEROUS BUILDING INSPECTION
Enforcement # EN1713088
Property Address: 1750 PINE ST
Parcel # 24-205-307-0001-00
Date completed: June 28, 2017
An interior inspection was conducted and determined the following to be in violation of
the City Ordinance and or State Law. Please note the following:
DEFICENCIES:
1) Electrical Service: The entire electrical service to include all wiring and fixtures must
be replaced and the electrical service brought up to current code to include hard wired
smoke detection. This work must be completed by a State licensed electrical contractor.
2) Plumbing: The entire home must be plumbed to current code, this will include fresh
water piping and waste water piping. This work must be completed by a State licensed
plumbing contractor.
3) Plumbing Fixtures: Many plumbing fixtures with include: sinks, tub and toilets are
missing or not connected or attached.
4) Heating: Most of heating registers have been removed from the home. All heat
discharges must have the ability to reduce the amount of heat movement within the
room.
5) Drywall / Plaster: Many opening in the walls have been noted throughout the home.
All drywall / plaster holes must be seam taped before compound is applied. Once the
compound is dry, the area must be sanded and primed
6) Ceilings: Many ceiling have peeling paint. All ceilings with peeling paint must be
scraped, sanded and primed.
7) Windows: Broken windows may be replaced with the same type of glass. If new
windows are installed, the windows must meeting the requirements of the Energy Code.
8) Doors: Broken, missing or delaminating doors must be replaced
9) Gas Piping: All unused gas piping must be removed and capped
10) Floor Coverings: Floor coverings that are damaged or unclean-able must be
replaced
11) Basement Walls / Foundation: The basement walls have more than a 10 degree
deflection inward and therefore must be supported or the basement walls replaced.
12) Handrails: Exterior and interior handrails are missing or not installed to code.
Note: This is not all inclusive list of code violations noted at the property. The noted
violations are considered “dangerous or substandard” as described by code.
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
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.
PHOTOS of 1750 Pine St
COMMISSION MEETING DATE: September 26, 2017
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 #: EN1714244 – 1526 Terrace St
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 1526 Terrace St
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent or responsible party if they do not demolish the
structure.
Location and ownership: This structure is located on Terrace Street between East
Grand Ave and East Forest Ave in the McLaughlin Neighborhood. The property is
owned by Matthew Goodno, 2002 Mills Ave, Muskegon, MI 49442.
Staff Correspondence: The “notice & order to repair” was sent on 8/07/2017. A “10
day notice” was sent on 8/28/2017 for the September 7, 2017 HBA hearing. On
September 7, 2017 the HBA declared the structure substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $19,100
Estimated cost to repair: $11,300
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact: No contact from the owner.
Permits obtained: None
DANGEROUS BUILDING INSPECTION
Enforcement # EN1714244
Property Address: 1526 TERRACE ST
Parcel # 24-205-282-0002-00
Date completed: August 7, 2017
DEFICENCIES:
1. Roof has deteriorated, shingles are missing, roof deck material is rotted and roof
has hole(s)
2. Fascia & soffits are rotted, missing or not attached
3. Many windows are boarded, rotted or missing & have peeling paint
4. Many door are boarded (unable to determine condition)
5. Basement windows are broken or missing
6. Cement steps on rear of home are cracked and have collapsed
7. Garage siding (OSB sheeting) is rotted with holes throughout the garage
8. Garage roof has large amount of moss (unable to determine the condition of the
roof)
9. Garage soffits & fascia are rotted or missing
10. Evasive scrub trees are into the foundation and must be removed
11. Gas meters (two) attached home (shut off)
12. Electrical meter, two sockets and one meter attached to home
NOTE: Violations depict an exterior only inspection
Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
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.
PHOTOS of 1526 Terrace St
Holes
through
roof
Commission Meeting Date: September 26, 2017
Date: September 21, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to amend the Planned Unit Development (PUD) at Terrace Point
Circle
SUMMARY OF REQUEST:
Request to amend the Terrace Point Circle Final PUD to reconfigure the non-waterfront lots and allow for
duplexes on them. The request is intended to move the project forward by offering homes at a popular
price point, while still offering the same amount of density as the original plan.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the final PUD.
COMMITTEE RECOMMENDATION:
The request was unanimously recommended for approval at the September 14 Regular Planning
Commission meeting.
PLANNING COMMISSION STAFF REPORT EXCERPT
SUMMARY
1. This PUD was previously approved for single-family homes on 70 separate lots. The proposed
amendment would only change the requirements for some of the non-waterfront lots. Please see the
enclosed site plan. The dark grey lots would stay the same and the light grey lots would change.
These 38 lots would be combined to create 19 lots and offer one or two unit homes.
2. The original PUD that was approved had the development requirements defined in the “Sears
Architects” document. This document will stay the same for the waterfront lots, but a new document
has been created for the non-waterfront lots. The only differences between the two documents are as
follows:
• Waterfront lots – one dwelling unit per lot maximum (owners may purchase two lots and
develop only one unit)
Non-waterfront lots – one or two dwelling units per lot maximum (no adjacent lots can be
purchased without developing another unit)
• Waterfront lots – 15 foot minimum rear setback
Non-waterfront lots – 10 foot minimum rear setback
• Waterfront Lots – A minimum of one shade tree per unit
Non-waterfront Lots – A new landscaping plan for the entire area has been provided.
3. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
writing, staff had not received any comments about this request.
Zoning Map
CITY OF MUSKEGON
RESOLUTION #2017-
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR 650
TERRACE POINT CIRCLE
WHEREAS, a petition for a Planned Unit Development was received to amend the final PUD to
combine some of the non-waterfront lots and to allow duplexes on them; and,
WHEREAS, the plan will be amended to reflect the standards listed in the attachments regarding
lot sizes and building placement and requirements;
WHEREAS, any major request for an amendment of this approval will constitute a public hearing
and an amendment to the final plan;
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary
and Final Planned Unit Development and associated site plan; and
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the preliminary and final Planned Unit Development is hereby
approved.
Adopted this 26th day of September, 2017
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron
Mayor
Attest:
Ann Marie Cummings
Clerk, City of Muskegon
CERTIFICATE (Final PUD 650 Terrace Point Circle)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of September, 2017, 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: ___________________, 2017. _______________________________________
Ann Meisch
Clerk, City of Muskegon
Commission Meeting Date: September 26, 2017
Date: September 21, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Request to amend the Planned Unit Development (PUD) at
3425 Fulton Ave
SUMMARY OF REQUEST:
Request to amend the Harbour Towne Final PUD at 3425 Fulton Ave to allow a 7-unit
boutique hotel at the former Muskegon Yacht Club building. The development will
include hotel suites on the top floor and a banquet room on the bottom floor.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the final PUD.
COMMITTEE RECOMMENDATION:
The request was unanimously recommended for approval at the September 14 Regular
Planning Commission meeting.
PLANNING COMMISSION STAFF REPORT EXCERPT
SUMMARY
1. The property measures 1.5 acres and is part of the Harbour Towne Planned Unit
Development (PUD). The underlying zoning is Lakefront Recreation, which does
allow for hotels. However, an amendment to the PUD is necessary because it was not
approved as part of the original PUD. The building had been previously approved as
a clubhouse for the Harbour Towne Yacht Club and included a restaurant and lounge.
It has been vacant since 2011.
2. The proposed hotel would include seven rental units on the first floor and a reception
area in the basement (please see the enclosed floor plan). Five smaller units would be
located on the north side of the building and two larger units would be located on the
south side of the building. A deck to the top floor hotel suites will be added.The
owner is proposing to allow the marina owners to have access to the reception area
and pool.
3. There are 81 parking spaces associated with this parcel, which is severely more than
is required by the ordinance.
4. Please see the enclosed letter addressed to the Planning Commission from the owner.
5. Notice was sent to all property owners/tenants within 300 feet of this property. At the
time of this writing, staff has received one comment from the public. Linda Jo
Balkema, a marina slip owner, is concerned that there may be conflicts between the
slip owners and the hotel guests. She also recommends that if approved, a fence be
installed around the property to keep the hotel guests off of the marina docks.
(Update for City Commission – Five people called in and opposed to the project,
three called in for support. More people showed up in support than opposed at
meeting. )
3425 Fulton Ave
Zoning Map
Aerial Map
CITY OF MUSKEGON
RESOLUTION #2017-
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR 3425
FULTON AVE.
WHEREAS, a petition for a Planned Unit Development was received to for a boutique hotel at the
former Muskegon Yacht Club building at 3425 Fulton Ave; and,
WHEREAS, the use is different than the approved use as a banquet facility, which they still plan
to utilize on the bottom floor, so the Planned Unit Development must be amended to allow for a
hotel; and,
WHEREAS, the final plan will be amended to allow for a hotel on the top floor, the expansion of
the deck for the hotel units, and the use of a banquet facility on the bottom floor,
WHEREAS, any request for an expansion of this approval will constitute a public hearing and an
amendment to the final plan;
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary
and Final Planned Unit Development and associated site plan; and
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the preliminary and final Planned Unit Development is hereby
approved.
Adopted this 26th day of September, 2017
Ayes:
Nays:
Absent:
By:
Stephen J. Gawron
Mayor
Attest:
Ann Marie Meisch
Clerk, City of Muskegon
CERTIFICATE (Final PUD 3425 Fulton Ave)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of September, 2017, 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: ___________________, 2017. _______________________________________
Ann Meisch
Clerk, City of Muskegon
Commission Meeting Date: September 26, 2017
Date: September 26, 2017
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of the Proposal at 895 4th St
SUMMARY OF REQUEST:
Staff sent out a Request for Proposal (RFP) for this property on August 29 and proposals
were due on September 19. The City received one proposal in response to the RFP,
which was from Pigeon Hill Brewing Company. Staff is seeking approval of a slightly
amended proposal and to enter into a purchase agreement. After discussions with City
staff, the company is now offering a total of $40,000 for Sub-Parcel 1 and Sub-Parcel 2.
They plan to construct a building of approximately 15,000 sqft that is expected to be a
$1.5 million investment and would feature large windows facing Shoreline Drive to
showcase their large stainless-steel brewing equipment.
FINANCIAL IMPACT:
The City would receive no less than $40,000 for Sub-Parcels 1 & 2.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To allow staff to enter into a purchase agreement with Pigeon Hill Brewing Company for
Sub-Parcels 1 and 2 for a price that is within at least 15% of the appraised value and no
less than $40,000.