City Commission Packet 03-27-2018

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
            MARCH 27, 2018 @ 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:
       Review of Final Imagine Muskegon Lake Plan with Consultants
□      CITY MANAGER’S REPORT:
□      CONSENT AGENDA:
    A. Approval of Minutes      City Clerk
    B. Special Event Liquor License – Cole’s Anniversary Party City Clerk
    C. Special Event Liquor License – Taste of Muskegon         City Clerk
    D. Fireworks Display Permit for Heritage Landing      City Clerk
    E. Fireworks Display Permit for Muskegon Country Club       City Clerk
    F. 123 Net Unilateral METRO Act Permit Engineering
    G. Aggregates, Highway Maintenance Materials and Concrete          Department
       of Public Works
    H. Lakeshore Drive Preliminary and Construction Engineering        Department
       of Public Works
□   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:

                                         Page 1 of 2
□ NEW BUSINESS:
    A. Concurrence with the Housing Board of Appeals Notice and Order to
       Demolish the Following: Public Safety
       425 Octavius Street
       609 Mulder Street
       955 Turner Avenue
       1317 7th Street
       1768 Wood Street
       1814 Dyson
       1699 Pine Street
    B. Request to Amend the Planned Unit Development (PUD) at 1161 W.
       Southern Avenue Planning & Economic Development
    C. Request to Amend the Planned Unit Development (PUD) at 1670 E.
       Sherman Boulevard      Planning & Economic Development
    D. Rezoning Several Properties Planning & Economic Development
    E. Amendment to the Zoning Ordinance – Wireless Communication Service
       Facilities Planning & Economic Development
    F. Purchase of Property for Industrial Park Expansion 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:
    A. Collective Bargaining
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: March 22, 2018

Here is a quick outline of the items on our agenda(s):

      1. Under the Consent Agenda, we are asking the Commission to consider the following:
            a. Approval of meeting minutes from the most-recent City Commission meeting.
            b. Approval of a special event liquor license for Cole’s Bakery’s 75th Anniversary
                Party. Cole’s is throwing a big community celebration as a thank you for 75 years
                of support from the Muskegon Community. The event will take place at Heritage
                Landing and will be free to the public. The event will include a concert and a
                fireworks display.
            c. Approval of a special event liquor license for Taste of Muskegon. This is the first
                year that our Clerk’s office will be heading the event in place of Downtown
                Muskegon Now.
            d. Approval of a fireworks display permit for the 4th of July celebration at Heritage
                Landing. This is an annual event as part of Rock Stock.
            e. Approval of a fireworks display for the 4th of July celebration at the Muskegon
                Country Club. This is an annual event and will not conflict with the event at
                Heritage Landing, as it will take place on day earlier.
            f. Approval of a telecommunications permit under the METRO Act for 123 Net. The
                METRO Act does require that we authorize this request as long as it is compliant
                with the Act – it is.        The City does receive permit fees related to the
                telecommunications infrastructure in our right-of-ways.
            g. Award bids for miscellaneous highway maintenance materials to the low bidders
                of each supply type. The annual cost of these materials is expected to reach
                $472,397.00.
            h. Authorization to enter into an agreement with Prein & Newhof for the design
                engineering work related to the reconstruction of Lakeshore Drive. Prein &
                Newhof has undertaken a number of engineering projects in the City of Muskegon,
                including the recent reconstruction of Muskegon and Webster Avenues.
   2. Under the New Business, we are asking the Commission to consider the following:
         a. Concurrence with the Housing Board of Appeals recommendation to demolish
             seven structures.
         b. Concurrence with the Planning Commission’s recommendation to amend the
             Planned Unit Development at 1161 W Southern Ave (former Nims School) to
             demolish the former gymnasium and expand the parking lot.
         c. Concurrence with the Planning Commission’s recommendation to amend the
             Planned Unit Development at 1670 E Sherman Blvd to redevelop a vacant
             restaurant to an urgent care facility to be operated by Mercy Health Partners.
         d. Concurrence with the Planning Commission to rezone a number of residential
             parcels that are currently zoned as commercial/business. The rezoning will help
             the owners with future changes/developments/financing related to their homes.
         e. Concurrence with the Planning Commission to expand the overlay district to allow
             cellphone towners at Marsh Field and the Water Filtration Plant. Public input was
             received on both sites. There were no objections to the Marsh Field site. There
             were some objections to the Water Filtration Plant site, but staff feels that the
             final location addressed many/all of those concerns.


Let me know if you have any questions/comments/concerns
Date:     March 21, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the March 12, 2018
Worksession Meeting and the March 13, 2018 Regular Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                               CITY OF MUSKEGON
                         CITY COMMISSION WORKSESSION

                               Monday, March 12, 2018
                                      5:30 p.m.
                              City Commission Chambers

                                     MINUTES

2018-14

Present: Gawron, German, Rinsema-Sybenga, Johnson, Warren, Hood, and Turnquist

Absent:   None

Purchase Agreement – 241 and 255 West Western, 1251 8th Street
City staff has been working with a housing developer that is interested in creating
multifamily housing in Muskegon. After careful consideration, the developer has
identified three parcels: 241 West Western, 255 West Western, and 1251 8th Street.
This item is on the agenda for the regular meeting tomorrow, March 13, 2018.

880 First Selective Demolition, Abatement, and Site Prep
City staff is seeking permission to begin selective demolition of the five story office
building located at 880 First Street. Three bids were received, with the lowest
responsible bidder being Melching, Inc. Staff is seeking approval to reimburse Port City
Construction up to $350,000 to undertake the selective demolition, abatement, and site
preparation. This item is on the agenda for the regular meeting tomorrow, March 13,
2018.

Service Firearm Program
The Director of Public Safety requests that the Commission authorize the amount of
$49,962.10; for the purchase of department issued primary hand guns for all Muskegon
sworn police officers. This firearms platform proposed (GLOCK 17 Gen 5 pistol), will
replace our current system where officers purchase and attempt to maintain a primary
duty weapon at their expense, which has been less than successful. Muskegon Police
Officers currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options
(POLC contract). This firearm is expensive to purchase, and the use of three (3)
options of ammunition is costly for the department and can present logistical issues in
the field. Allowing different caliber(s) in primary service weapons is not recommended
and ammunition is not interchangeable in the handguns, again causing logistical issues.
Our proposed platform increases officer safety, efficiency with the move to a one (1)
caliber system (9mm) department wide for the proposed primary duty weapon. The
department will own, maintain, issue, and check-in firearms and support equipment as
officers pass through our department from hire to retirement. This item is on the agenda
for the regular meeting tomorrow, March 13, 2018.
                                          1 of 2
Medical Marihuana Facilities Licensing Act – Opt in or Out
Staff is requesting that the City Commission make a determination whether to opt in or
out of the Michigan Medical Marihuana Facilities Licensing Act (MMFLA). We have
included an excerpt from the February 15 Planning Commission meeting, the proposed
zoning ordinance amendment with the overlay districts, and the proposed regulatory
ordinance. The Planning Commission voted in favor (4-2) of recommending to the City
Commission to approve the zoning ordinance amendment for the MMFLA overlay
district at their February 15 meeting.

Discussion took place regarding whether the city should or should not opt in and about
adding some incentives for local residents. There was also discussion as to the size of
the area and license classes to be allowed. This matter will be placed on the
Worksession Agenda for April 9, 2018

Any Other Business
Per the City Manager, Frank Peterson, two items need to be added to the agenda for
the regular meeting tomorrow, Tuesday, March 13, 2018. The items are Administrative
Vehicle Replacement and 1000 W. Western and Hartshorn Marina.

Public Comment
Public Comments were received.

Adjournment
The Worksession meeting adjourned at 8:36 p.m.

                                                   Respectfully Submitted,



                                                   Ann Marie Meisch, MMC – City Clerk




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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
           MARCH 13, 2018 @ 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, March 13, 2018. Sister
Agnes Mary, St. Michael’s Catholic 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, Byron Turnquist, Debra Warren, and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent:     Commissioner Willie German, Jr.
INTRODUCTIONS/PRESENTATION:          Mayor Stephen J. Gawron presented a
group of Girl Scouts with a proclamation Celebrating Girl Scout Ween and the
Importance of Girls’ Leadership Development.
2018-15     CONSENT AGENDA:
   A. Approval of Minutes         City Clerk
SUMMARY OF REQUEST: To approve minutes of the February 27, 2018 Regular
Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Approval of the minutes.
   B. Fire – Hurst EDraulic Ram          Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $17,130.00 for the purchase of two Hurst
EDraulic Ram tools with 4 EXL Lithium ion batteries and charging units. The
Muskegon Fire Department’s antiquated hydraulic “Ram” tool is in disrepair and

                                            Page 1 of 7
outside the scope of service life. The two Ram tools will be utilized in critical
lifesaving situations for efficient extrications, and to complement our battery
operated Hurst “Spreader” and “Cutting” Tools.
FINANCIAL IMPACT:         Negative Impact on Fire Budgeted
BUDGET ACTION REQUIRED:          No action at this time (to be reviewed in third
quarter forecast)
STAFF RECOMMENDATION:            Staff recommends approval of the Two Hurst
EDraulic Ram Tools.
   E. One Year Janitorial Services Extension             Department of Municipal
      Services
SUMMARY OF REQUEST: Extend the current janitorial services contract with
Reliant Professional Cleaning for City Hall and the Public Service Building for one
year through April 30, 2019.
FINANCIAL IMPACT:         Cost will be $35,280.00 for City Hall and $12,156.00 for
Public Service Building through April 30, 2019.
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:           Approval of the one year extension with Reliant
Professional Cleaning Services to provide cleaning services through April 2019.
   F. Mercy Health Easement DPW
SUMMARY OF REQUEST: Mercy Health has requested an easement for
ingress/egress across city property at the end of Harvey Street for access to a
newly constructed employee parking lot. Maintenance, repairs and
snowplowing for the easement property are the sole responsibility of Mercy
Health, and maintenance and repair work require prior approval by the City.
Staff request that the easement be approved for signature.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            Approve the easement for signature.
   G. State Revolving Fund, DEQ Loan Program, Engineering Costs          DPW/Water
      and Sewer
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Prein &
Newhof to develop a Project Plan for the City’s sanitary sewer system, which is
required to apply for a low interest State Revolving Fund (SRF) loan from the
MDEQ. With the completion of the SAW (Stormwater, Asset Management, and
Wastewater) Grant work, the City is in a position to take advantage of the
MDEQ loan program which provides funding to address the failing infrastructure
discovered during the asset inventory. Our city’s demographics may allow us to

                                           Page 2 of 7
receive some principal forgiveness.
Prein & Newhof is being recommended since they managed the SAW Grant
work and have familiarity with the needs of our sanitary system. The engineering
cost is a “not to exceed” $55,000.
FINANCIAL IMPACT:       The total cost of engineering services is $44,000 to be
covered by City’s sewer fund.
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Prein & Newhof for engineering services to develop a SRF Project Plan for the
City’s sanitary sewer system.
   H. Purchase Agreement – 241 and 255 West Western, 1251 8th Street       City
      Manager
SUMMARY OF REQUEST: City staff has been working with a housing developer
that is interested in creating multifamily housing in Muskegon. After careful
consideration, the developer has identified three parcels: 241 West Western, 255
West Western, and 1251 8th Street.
FINANCIAL IMPACT:     $75,000 minus closing costs – deposited to the City’s
Public Improvement Fund
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          To authorize the City Manager to negotiate a
purchase agreement with Dusendang Custom Homes for $75,000, providing 60
days of due diligence for the purchaser and up to 18 months for completion of
the projects.
Motion by Commissioner Warren, second by Vice Mayor Hood, to approve the
consent agenda as presented, except Item C, D, and I.
ROLL VOTE: Ayes: Gawron, Hood, Warren, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2018-16       ITEMS REMOVED FROM CONSENT AGENDA:
   C. Approval of Building Contract for 1025 E Forest Avenue Community and
   Neighborhood Services
SUMMARY OF REQUEST: To award the Building Contract for the rehabilitation of
1025 E. Forest Avenue to Custom Exteriors, for the City of Muskegon’s
Homebuyers Program through CNS.
FINANCIAL IMPACT:        The funding for this project has been secured with 2017
HOME Funds.

                                         Page 3 of 7
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:            To award Custom Exteriors the rehabilitation
contract for 1025 E. Forest in the amount $61,051.00, for the Community and
Neighborhood Services Office.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to award Custom Exteriors the rehabilitation contract for 1025 E. Forest in the
amount of $61,051.00 for the Community and Neighborhood Services Office.
ROLL VOTE: Ayes: Hood, Warren, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
   D. Purchase of the Home at 1188 4th Street            Planning & Economic
      Development
SUMMARY OF REQUEST: Staff is requesting approval to purchase the home at
1188 4th Street for $85,000 plus closing costs. The seller is also requesting that the
City pay the outstanding 2017 and 2018 taxes and the transfer taxes. This
property is important for the redevelopment of the area, including the next
phase of Midtown Square homes.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:        To allow the City Manager to enter into a
purchase agreement with the seller.
Motion by Commissioner Turnquist, second by Johnson, to allow the City
Manager to enter into a purchase agreement with the seller
ROLL VOTE: Ayes: Warren, Rinsema-Sybenga, Johnson, Gawron, and Hood
             Nays: Turnquist
MOTION PASSES
   I. 880 First Selective Demolition, Abatement, and Site Prep            City
      Manager
SUMMARY OF REQUEST: City staff is seeking permission to begin selective
demolition of the five story office building located at 880 First Street. Three bids
were received, with the lowest responsible bidder being Melching, Inc. Staff is
seeking approval to reimburse Port City Group up to $350,000 to undertake the
selective demolition, abatement, and site preparation.
FINANCIAL IMPACT:          Not to exceed $350,000
BUDGET ACTION REQUIRED:           None at this time – the expense will be

                                           Page 4 of 7
documented in the 3rd Quarter Reforecast.
STAFF RECOMMENDATION:           To authorize the City Manager to reimburse Port
City Group up to $350,000 to undertake the selective demolition, abatement,
and site preparation costs at 880 First Street.
Motion by Commissioner Johnson, second by Commissioner Warren, to
authorize the city manager to reimburse Port city Construction up to $350,000 in
selective demolition, abatement, and site preparation costs at 880 first street
which will ultimately be paid back to the city at time of property sale closing
and/or once occupancy permit is issued.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES
2018-17   PUBLIC HEARINGS:
   A. Recommendation for Annual Renewal of Liquor Licenses           City Clerk
SUMMARY OF REQUEST: To adopt a resolution recommending non-renewal of
those liquor license establishments who are in violation of Section 50-146 and 50-
147 of the Code of Ordinances for the City of Muskegon. These establishments
have been found to be in non-compliance with the City Code of Ordinances
and renewal of their liquor licenses should not be recommended by the City
Commission. If any of these establishments come into compliance by March 13,
2018, they will be removed from this resolution, and recommendation for their
renewal will be forwarded to the Liquor Control Commission.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Adoption of the resolution.
PUBLIC HEARING COMMENCED:              No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to close the Public Hearing and adopt the resolution.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           Warren
            Nays: None
MOTION PASSES
2018-18     NEW BUSINESS:
   A. Service Firearm Program          Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the

                                          Page 5 of 7
Commission authorize the amount of $49,962.10 for the purchase of department
issued primary hand guns for all Muskegon sworn police officers. This firearms
platform proposed, (GLOCK 17 Gen 5 piston), will replace our current system
where officers purchase and attempt to maintain a primary duty weapon at
their expense, which has been less than successful. Muskegon Police Officers
currently carry a Sig-Sauer semi-auto pistol with multiple ammunition options
(POLC Contract). This firearm is expensive to purchase, and the use of three
options of ammunition is costly for the department and can present logistical
issued in the field. Allowing different calibers in primary service weapons is not
recommended and ammunition is not interchangeable in the handguns, again
causing logistical issues. Our proposed platform increases officer safety and
efficiency with the move to a one caliber system (9mm) department wide for
the proposed primary deputy weapon. The department will own, maintain,
issue, and check-in firearms and support equipment as officers pass through our
department from hire to retirement.
FINANCIAL IMPACT:        None – GF Budgeted
BUDGET ACTION REQUIRED:        Firearm & support equipment proposed platform
will be funded by the Drug Forfeiture Fund
STAFF RECOMMENDATION:     Staff recommends approval of this platform to
update and enhance the department with primary service pistols and
supporting equipment.
Motion by Vice Mayor Hood, second by Commissioner Turnquist, to approve this
platform to update and enhance the department with primary service pistols
and supporting equipment.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
   B. Administrative Vehicle Replacement               DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase three Chevy Impalas from
Berger Chevrolet the Mi-Deal State contract holder. This will replace the three
oldest administrative vehicles currently being used. Cost to the City will be
$23,183 per vehicle.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         $23,183 x three - $69,549.00
STAFF RECOMMENDATION: Authorize staff to purchase three Chevy Impala’s
from Berger Chevrolet.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,

                                         Page 6 of 7
authorize staff to purchase three Chevy Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
   C. Letter of Intent – 1000 West Western Ave Sales Agreement
SUMMARY OF REQUEST: The City Commission accepted a $249,000 purchase
offer from Smith Equities in 2016. After nearly one year of due diligence, Smith
Equities is ready to finalize the details of the purchase agreement under their
Harbor West, LLC. The Letter of Intent outlines the commitments that Harbor
West, LLC and the City of Muskegon intend to commit to as part of the Purchase
Agreement. The remaining due diligence activities to be undertaken by Harbor
West, LLC will be costly; providing this signed letter of intent will give them the
necessary security that the city is generally agreeable to the terms that will be in
the purchase agreement.
FINANCIAL IMPACT:     $250,000 minus closing costs – deposited to the City’s
Public Improvement Fund
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION: To authorize the city manager to sign the Letter of
Intent and negotiate a final purchase agreement with Harbor West, LLC
consistent with the terms of the Letter of Intent.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
authorize staff to purchase three Chevy Impalas from Berger Chevrolet.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren, Rinsema-Sybenga, and
           Turnquist
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: No public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:25 p.m.


                                              Respectfully Submitted,




                                              Ann Marie Meisch, City Clerk


                                          Page 7 of 7
Date:        March 20, 2018
To:          Honorable Mayor and City Commissioners
From:        City Clerk – Ann Meisch
RE:          Special Event Liquor License – Cole’s Anniversary
             Party


SUMMARY OF REQUEST: The Muskegon City Clerk’s office has partnered with
Cole’s Bakery to hold a community party on May 26, 2018, celebrating their 75th
Anniversary this year and is seeking City Commission approval to apply for a license
for Beer and Wine sales.



FINANCIAL IMPACT: $50 permit from the State for every date requested and $75
bond.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:           To approve the request.
Date:        March 20, 2018
To:          Honorable Mayor and City Commissioners
From:        City Clerk – Ann Meisch
RE:          Special Event Liquor License – Taste of
             Muskegon


SUMMARY OF REQUEST: The Muskegon City Clerk’s office is spearheading the
Taste of Muskegon on Friday, June 15 and Saturday, June 16 this year and is
seeking City Commission approval to apply for a license for Beer, Wine, and Spirit
sales during the two-day event.



FINANCIAL IMPACT: $50 permit from the State for every date requested and $75
bond.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION:          To approve the request.
Date:      March 20, 2018
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Fireworks Display Permit for Heritage Landing




SUMMARY OF REQUEST: Night Magic is requesting approval of a
fireworks display permit for July 4, 2018, at the Heritage Landing. The
fire Marshall will inspect the fireworks on the day of the event.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
                                                                                                                                                                  DATE (MM/DD/YYYY)
                                             CERTIFICATE OF LIABILITY INSURANCE                                                                                  2/19/2018
  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
  CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
  BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
  REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
  IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
  If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
  this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
                                                                                            CONTACT
PRODUCER                                                                                    NAME:         Kristen Look
Arthur J. Gallagher Risk Management Services, Inc.                                          PHONE                                                   FAX
777 108th Ave NE, #200                                                                      (A/C, No, Ext): 425-586-1016                            (A/C, No):   425-451-3716
                                                                                            E-MAIL
Bellevue WA 98004                                                                           ADDRESS:
                                                                                                               INSURER(S) AFFORDING COVERAGE                                   NAIC #

                                                                                            INSURER A : T.H.E. Insurance Company                                        12866
INSURED                                         MIANINC-01                                  INSURER B : Liberty Insurance Corporation                                   42404
Miand, Inc. dba Night Magic Displays                                                        INSURER C :
3999 E. Hupp Road, Building R-3-1
                                                                                            INSURER D :
La Porte, IN 46350
                                                                                            INSURER E :

                                                                                            INSURER F :

COVERAGES                                   CERTIFICATE NUMBER: 1765550719                                                      REVISION NUMBER:
  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
  INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
  CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR                                              ADDL SUBR                                         POLICY EFF   POLICY EXP
 LTR             TYPE OF INSURANCE                INSD WVD              POLICY NUMBER              (MM/DD/YYYY) (MM/DD/YYYY)                             LIMITS
 A     X   COMMERCIAL GENERAL LIABILITY                       CPP010529902                         2/4/2018        2/4/2019       EACH OCCURRENCE                $ 1,000,000
                                                                                                                                  DAMAGE TO RENTED
               CLAIMS-MADE     X   OCCUR                                                                                          PREMISES (Ea occurrence)       $ 100,000
                                                                                                                                  MED EXP (Any one person)       $
       X   Per Show Agg                                                                                                           PERSONAL & ADV INJURY          $ 1,000,000
       GEN'L AGGREGATE LIMIT APPLIES PER:                                                                                         GENERAL AGGREGATE              $
                      PRO-
           POLICY     JECT          LOC                                                                                           PRODUCTS - COMP/OP AGG         $ 2,000,000
           OTHER:                                                                                                                                                $
 A     AUTOMOBILE LIABILITY                                                                        2/4/2018        2/4/2019       COMBINED SINGLE LIMIT          $ 1,000,000
                                                              CPP010529902                                                        (Ea accident)
       X   ANY AUTO                                                                                                               BODILY INJURY (Per person)     $
           OWNED                SCHEDULED                                                                                         BODILY INJURY (Per accident) $
           AUTOS ONLY           AUTOS
           HIRED                NON-OWNED                                                                                         PROPERTY DAMAGE
           AUTOS ONLY           AUTOS ONLY                                                                                        (Per accident)                 $
                                                                                                                                                                 $

 A         UMBRELLA LIAB       X   OCCUR                      ELP001210402                         2/4/2018        2/4/2019       EACH OCCURRENCE                $ 9,000,000
       X   EXCESS LIAB             CLAIMS-MADE                                                                                    AGGREGATE                      $ 9,000,000

              DED          RETENTION $                                                                                                                           $
 B     WORKERS COMPENSATION                                   WC34S311836058                       2/4/2018        2/4/2019            PER             OTH-
                                                                                                                                  X    STATUTE         ER
 B     AND EMPLOYERS' LIABILITY             Y/N               WC534S524913038                      2/4/2018        2/4/2019
       ANY PROPRIETOR/PARTNER/EXECUTIVE                                                                                           E.L. EACH ACCIDENT             $ 1,000,000
       OFFICER/MEMBER EXCLUDED?                   N/A
       (Mandatory in NH)                                                                                                          E.L. DISEASE - EA EMPLOYEE $ 1,000,000
       If yes, describe under
       DESCRIPTION OF OPERATIONS below                                                                                            E.L. DISEASE - POLICY LIMIT    $ 1,000,000




DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

 Certificate holder is named as additional insured on the General Liability policy per form number CG133F (07/95)
 City of Muskegon all elected and appointed officials, all employees and volunteer, all boards, commissions and or authorities, and their board
 members, all employees and volunteers,B. Baskin Enterprises,No More Sidelines, and the County of Muskegon,are named as additional
 insured with respect to the July 4, 2018 firework display in Muskegon MI




CERTIFICATE HOLDER                                                                          CANCELLATION

                                                                                              SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
               City of Muskegon                                                               THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
               933 Terrace Street                                                             ACCORDANCE WITH THE POLICY PROVISIONS.
               Muskegon MI 49440
               USA
                                                                                            AUTHORIZED REPRESENTATIVE




                                                                                           © 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)                                  The ACORD name and logo are registered marks of ACORD
Date:      March 20, 2018
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Fireworks Display Permit for Muskegon Country
           Club




SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display permit for July 3, 2018, at the Muskegon
Country Club, 2801 Lakeshore Drive. The fire Marshall will inspect the
fireworks on the day of the event.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of insurance.
Date:      March 20, 2018
To:        Honorable Mayor and City Commissioners
From:      Engineering
RE:        123 Net – Unilateral METRO Act Permit




SUMMARY OF REQUEST: Approve the request for a permit from 123 Net and
authorize the Mayor to sign the permit.

FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: Approve the permit and sign the documents.
                               AGENDA ITEM NO. __________

                             CITY COMMISSION MEETING __


TO:           Honorable Mayor and City Commission
FROM:         Department of Public Works
DATE:         March 27, 2018
SUBJECT:      Aggregates, Highway Maintenance Materials and Concrete

SUMMARY OF REQUEST:

Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to Great Lakes
Chloride

Award bid to supply bituminous products (Base and Top) to Asphalt Paving, Inc.

Award bid to supply Sylvax patching material to Unique Paving Materials

Award bid to supply AE-90 Asphalt Emulsions to Michigan Paving Materials

Award bid for crack sealant to Sherwin Industries.

Award bid to supply H1/32FA limestone chip blend to Verplank Trucking Company

Award bid to supply road slag to Yellow Rose Transport

Award bid to supply road gravel to Yellow Rose Transport

Award bid to supply 2NS sand to Yellow Rose Transport

Award bid to supply screened top soil to Accurate Excavators

Award bid to supply Fill Sand to Accurate Excavators

Award bid to supply 7-sack mix concrete to Port City Redi-Mix


FINANCIAL IMPACT:

$472,397.00

BUDGET ACTION REQUIRED:

None; funds appropriated in several budgets.

STAFF RECOMMENDATION:

Recommend approval of bids as outlined in Summary of Request.
To:            The City Commission
From:          LeighAnn Mikesell, Municipal Services Director
Date:          March 27, 2018
Subject:       2018 Aggregates, Highway Maintenance Materials, and Concrete

Purchases will be made from recommended bidder (in bold), contingent upon product availability, timely
deliveries, and prices as quoted.

85,000 gallons Calcium Chloride 38% (road brine) ($53,550.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417           $0.63 per gallon, spread

15,000 gallons Calcium Chloride 32% (winter salting) ($7,500.00)

Great Lakes Chloride          P.O. Box 634, Grand Haven, MI 49417           $0.50 per gallon, storage


200 ton Bituminous Asphalt Base ($12,700.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190      $63.50 per ton, picked up
Michigan Paving Mat 1100 Market Ave. SW, Grand Rapids, MI 49503             $65.50 per ton, picked up

1,000 ton Bituminous Asphalt Top ($64,500.00)

Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190      $64.50 per ton, picked up
Michigan Paving Mat 1100 Market Ave. SW, Grand Rapids, MI 49503             $66.50 per ton, picked up


500 tons Sylvax Patching Materials – UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-6,
or similar product ($53,925.00)

Unique Paving Materials 3993 E. 93rd Street, Cleveland, OH 44105            $107.85 per ton, delivered
Asphalt Paving, Inc. 1000 E. Sherman Boulevard, Muskegon MI 49444-0190      $110.00 per ton, picked up

30,000 gallons AE-90 Asphalt Emulsions ($58,500.00)

Bit-Mat Products              401 Tiernan Rd, Bay City, MI 48706            $2.00 per gallon, delivered
Michigan Paving Mat           1100 Market Ave. SW, Grand Rapids, MI 49503   $1.95 per gallon, delivered


50,000 pounds Crack Sealant (block form) ($19,500.00)

Sherwin Industries, Inc       2129 West Morgan Ave., Milwaukee, WI 53221    $0.39 per pound, delivered
Surface Coatings, Co.         2280 Auburn Rd, Auburn Hills, MI 48326        $0.41 per pound, delivered


500 ton H1/32FA Limestone Chip Blend ($10,600.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                $21.20 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418          $21.57 per ton, delivered
2018 Aggregates, Highway Maintenance Materials, and Concrete
March 27, 2018
Page 2

5,000 ton Road Slag 22-A Natural ($66,250.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                      $13.45 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418                $13.25 per ton, delivered


500 ton Road Gravel 22-A ($5,925.00)

Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                      $11.95 per ton, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418                $11.85 per ton, delivered
Top Grade Aggregates`         3407 58th Street, Hamilton, MI 49419                $15.60 per ton, delivered


500 ton 2NS Sand ($4,625.00)

Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418                $9.25 per ton, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409                      $9.30 per ton, delivered
Top Grade Aggregates`         3407 58th Street, Hamilton, MI 49419                $15.00 per ton, delivered

500 yards Screened Top Soil ($3,975.00)

Accurate Excavators           2821 Central Rd, Muskegon, MI 49445          $7.95 per cubic yard, delivered
Verplank                      P.O. Box 8, Ferrysburg, Muskegon, MI 49409   $8.00 per cubic yard, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $13.00 per ton, delivered
Top Grade Aggregates`         3407 58th Street, Hamilton, MI 49419         $18.75 per cubic yard, delivered


500 ton Fill Sand ($2,875.00)

Accurate Excavators           2821 Central Rd, Muskegon, MI 49445          $5.75 per cubic yard, delivered
Verplank Trucking Co.         PO Box 8, Ferrysburg, MI 49409               $6.00 per cubic yard, delivered
Yellow Rose Transport         3531 Busch Dr., Grandville, MI 49418         $7.50 per cubic yard, delivered
Top Grade Aggregates`         3407 58th Street, Hamilton, MI 49419         $8.37 per cubic yard, delivered


Concrete mix as needed ($107,972.00 using 2017 quantities)

Port City Redi-Mix                                       $109.00 per cubic yard, 7 Sack Mix, delivered*
1780 Sheridan Road, Muskegon, MI 49442

Consumers Concrete                                       $113.00 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442

*The 7-sack mix is the most commonly used product. Low bid based on inclusion of other charges for
“multiple drop locations” and “small load charges”. It should also be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, winter price, and
extra unload time.
Date:      3/20/2018

To:        Honorable Mayor and City Commissioners

From:      Department of Public Works

RE:        Lakeshore Drive Preliminary and Construction Engineering


SUMMARY OF REQUEST:

Authorize staff to enter into an agreement with Prein & Newhof for preliminary and
construction engineering services related to the reconstruction and street-scaping of
Lakeshore Drive from McCracken to Laketon.

A request for proposals was advertised on February 16, 2018, with evaluation criteria as
follows: understanding of the project and challenges, method of approach to the project,
applicable experience, time and effort, and accessibility of the firm to City staff. Our
intent is to select a consultant based on qualifications and negotiate the cost for work.
Six proposals were received and reviewed independently by an engineering staff
member and the director. Both reviewers selected Prein & Newhof as the top ranked
firm.

FINANCIAL IMPACT:
$390,000 for engineering services to be covered by the major street fund

BUDGET ACTION REQUIRED:
Adjust engineering costs in third quarter reforecast

STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Prein & Newhof for engineering services
related to the reconstruction and street-scaping of Lakeshore Drive from McCracken to
Laketon.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\032718\10_Commission Request Lakeshore
Drive Consultant.doc
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1715626 – 425 Octavius 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 425 Octavius
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
civil infraction citations to the owner, agent or responsible party if they do not demolish
the structure.

Location and ownership: This structure is located on Octavius St. between Jackson
Ave and Wood St. The property is located in the Jackson Hill Neighborhood. The
structure is owned by Anthony & Angel Neuman, 2715 Peck St apt 6, Muskegon Hts.,
MI 49444.

Staff Correspondence: The complaint notice was sent on October 10, 2017.
The Notice & Order was sent on December 6, 2017
A ten day notice was sent on December 22, 2017 for the January 4, 2018 HBA hearing.
A ten day notice was sent on January 23, 2018 for the February 1, 2018 HBA hearing.
A ten day notice was sent on February 20, 2018 for the March 1, 2018 HBA hearing.
All notices are sent First Class and Certified Mail and posted on the property in
question.
On March 1, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $14,100

Estimated cost to repair: $24,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact: Owner came into the inspections the week of December 4,
2017 and said they were finishing another house in the City and were
planning on keeping the house. I informed the owner she must have an
approved plan of abatement before the January 4, 2018 hearing. No further
contact from owner. On January 4, 2018, the day of the HBA hearing, the
owner provided a hand written plan of abatement. The plan did not address
all of the noted violations in the inspection report, provide a time table or
estimated cost of repairs. Staff requested the HBA table the case for 30
days.
On January 26, 2018 the owner requested an interior inspection.
At the February 1, 2018 HBA hearing, the owner requested additional 30
days to provide the plan of abatement. The HBA granted her request for
additional 30 days and required the owner to pay all outstanding fees,
fines, and taxes on the property. No further contact from the owner.
Permits obtained: None

                 DANGEROUS BUILDING INSPECTION REPORT

Owner NEUMAN ANTHONY/ANGEL
     2715 PECK ST APT 6
     MUSKEGON HEIGHTS, MI 49444

Enforcement # EN1715626
Property Address: 425 OCTAVIUS ST
Parcel # 24-205-140-0014-00

Date completed: October 10, 2017

EXTERIOR DEFICENCIES:
  1. Siding: Siding is rotted, missing, has holes and peeling paint
  2. Windows: Windows are boarded, rotted, missing or broken
  3. Soffits & fascia is rotted or missing and with peeling or no paint
  4. The “weather head” where the electrical service enters the home is missing
  5. The rear porch / addition roofing needs to be replaced
  6. The porch or deck that was removed from the side of the home must have steps
      at the doorway
  7. New doors installed without permits
  8. Front porch entry door needs to be trimmed
  9. Front cement block flower box needs to be repaired or removed
  10. The gas meter has been removed from the home and the gas piping is not
      secured to the home
   11. An interior inspection conducted on 4-6-2016, indicates much of the
       plaster/drywall has fallen from the ceiling and walls and must be replaced
   12. Any exposed exterior walls must be insulated to meet code requirements before
       any drywall/plaster is installed (with the necessary permits)
Date completed: January 26, 2018

INTERIOR DEFICENCIES:
   1. Living Room: Room has gutted. New drywall, wiring and insulation required
   2. Kitchen: Room has been gutted. A drawing of the cabinet location will be
       required. New drywall, wiring and insulation required. Plumbing must be updated
       and replaced
   3. Rear entryway: Water has damaged much of the roof rafters. Rafters must be
       repaired and insulation added. Wiring and drywall must be replaced.
   4. Center floor support of the home has collapsed approx. 6” to 8”. Floor must be
       jacked, leveled and properly supported.
   5. Main floor Circuit panel has been removed. Note: The entire home must be
       rewired to code to include hardwired smoke detection throughout the home in all
       required locations.
   6. Upper Floor Circuit sub panel: Panel has damaged and must be replaced
   7. Lower & Upper Bathrooms: Bathroom has been gutted. A complete remodel is
       required to include drawings of the proposed locations of all fixtures, plumbing
       and electrical fixtures. You are required to add a bath ventilation fans.
   8. Window: Many window are damaged beyond repair. New windows must meet
       energy and building code requirements.
   9. Upper floor: All walls with OSB wood panels must be removed and replaced with
       drywall or plaster.
   10. Handrails to upper floor are missing
   11. Furnace & duct work has been removed and must be replaced
   12. Plumbing: Plumbing is a combination of CPVC, PVC, PEX, galvanized and cast
       iron pipe. All plumbing must be repaired to code.
   13. Floor covering are rotted, missing, damaged or not complete. All floor coverings
       must be repaired or replaced
   14. Note: The two walls you desire to remove would require a structural engineer or
       an architect to design the correct supports as both walls are load bearing walls.

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 425 OCTAVIUS St
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1715358 – 609 Mulder 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 609 Mulder 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 civil
infraction citations to the owner, agent or responsible party if they do not demolish the
structure.

Location and ownership: This structure is located on Mulder Street between Wesley
Ave and Marcoux Ave. The property is located in the Jackson Hill Neighborhood. The
structure is owned by Herbert Childers, 7222 Crenshaw Blvd Apt 3, Los Angeles, CA
90043 and Gregory Childers, 431 Orchard Ave, Muskegon MI 49442.

Staff Correspondence:
The complaint notice was sent on September 25, 2017 with no response.
The final complaint notice was sent on October 9, 2017. On October 18, 2017, Herbert
called and said he was trying to obtain the finances to repair the home.
The first Notice & Order was sent on November 6, 2017 for the December 7, 2017 HBA
hearing. On December 4, 2017, Herbert called and asked for a 60 extension due to
health reasons. Herbert was granted the 60 days extension.
 On second Notice & Order was sent on January 31, 2018 for the March 1, 2018 HBA
hearing.
A ten day notice was on February 20, 2018 for the March 1, 2018 HBA hearing.
On March 1, 2018, the HBA declared the structure as dangerous, substandard and a
public nuisance.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $9,600

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: On October 18, 2017 Herbert called and said he lives out of state
and does not have the finances to repair the home. I referred the owner to the
City’s CNS department for assistance. On December 4, 2017 Herbert called and
said he was “dealing with some medical issues” and needed extra time. The owner
was granted additional 60 days. On February 5, 2018, Herbert called and said he
would like to keep the home but his having a hard time financing the work. The
owner asked for the CNS department for assistance. I asked Herbert to keep us
informed on his progress with the home.
On February 21, 2018, we met with Gregory at the home to complete an interior
inspection. Due to the amount of debris inside blocking the doors, we were unable
to enter the home. Gregory said if he demolishes the home, he would keep the lot.
No further contact from owner(s).

Permits obtained: None




                 DANGEROUS BUILDING INSPECTION REPORT
                              11/07/2017

Owner CHILDERS GREGORY ET AL
     7222 CRENSHAW BLVD APT 3
     LOS ANGELES, CA 90043

Enforcement # EN1715358
Property Address: 609 MULDER ST
Parcel # 24-767-000-0006-00

Date completed: September 25, 2017

DEFICENCIES:
    1) Siding is falling from the home
    2) Roof has deteriorated and must be replaced
    3) Soffits and fascia is rotted, missing or damaged
    4) Windows are broken, missing or boarded
    5) Basement windows are broken, missing or boarded
    6) Electrical service is missing from the home
    7) Gas service meter is missing from the home
    8) Front entry ramp has rotted or missing boards
NOTE: These 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 609 Mulder St
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1716062 – 955 Turner Ave (commercial
              storage building)


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the commercial storage building
located at 955 Turner 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 civil infraction citations to the owner, agent or responsible
party if they do not demolish the structure.

Location and ownership: This structure is located on Turner Ave between Getty and
the dead end in the East Muskegon Neighborhood. The structure is owned by Superior
3 LLC, 4265 Grand Haven Rd Suite 100, Muskegon MI 49441 (Greg Wilkinson & David
Medendorp)

Staff Correspondence: A notice to repair or remove the structure was sent on
November 8, 2017. The owner scheduled an interior inspection for December 6, 2017.
The Notice & Order was sent on December 6, 2017.
A ten notice was sent on December 22, 2017.
On January 4, 2018, the HBA granted the owner(s) 60 days to provide an approved
plan of abatement.
On March 1, 2018, the HBA declared the garage structure substandard, dangerous and
a public nuisance.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $18,300 (entire property)

Estimated cost to repair garage: $39,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the commercial storage building on the property.
Owner Contact:
David Medendorp represented the ownership of the property. Mr. Medendorp presented
his case at the January HBA meeting and he was granted 60 days to develop a plan of
abatement.
March 1, 2018, the day of the HBA meeting, Mr. Medendorp, came into the office with a
cement mason and offered a plan to repair the cement block walls of the structure. Mr.
Medendorp did not address the roof collapse issue. Upon further investigation of the
roof structure, Mr. Medendorp stated he would demolish the structure. Mr. Medendorp
did not attend the HBA meeting.

Permits obtained: None

                         DANGEROUS BUILDING INSPECTION

Owner SUPERIOR 3 LLC
     4265 GRAND HAVEN RD SUITE 100
     MUSKEGON, MI 49442

Enforcement # EN1716062
Property Address: 955 TURNER AVE
Parcel # 24-595-000-0025-00

Date completed: November 8, 2017

DEFICENCIES:
  1. Roof shows signs of collapse
  2. Fascia and soffits are rotted, missing or need of repair
  3. Block wall on north side of structure has a large separation crack
  4. Block wall on south east corner of the structure has a large separation crack
  5. Loading dock has a rotted deck surface with holes near the entry door
  6. Loading dock has only one support post/beam. Additional supports must be added
  7. Service door is rotted and has peeling paint
  8. Wiring to outdoor light has bare conductors & wire. Light & wire must be repaired or
      removed
  9. Several outdoor lights are damaged
  10. Siding has holes or is missing
  11. Ridge ventilation opening must have a cover

   Note: The listed violation depict an exterior only inspection
Date completed: December 6, 2017 Interior Inspection

DEFICENCIES:

        Interior inspection reveals a partial collapse of the rafter style roof. Historic pictures from
        the County Treasurer office indicate the roof has lifted off the wall in excess of 12 inches
        in some areas as a result of the partial collapse on the east side of the complex. Rafters
        have failed and are now supported by several vertical beams. Several of the rafters have
        been “sistered” together with incorrect materials. Rafter ties have failed causing the walls
        to bow out.

        You are required to provide architectural drawings of proposed repairs. Code requires all
        commercial buildings to have stamped architectural drawings indicating the necessary
        repairs to the roof structure.

        Please provide your plan of abatement no later than January 3, 2018 or your case will be
        brought to the Housing Board of appeals for further consideration.

Jay Paulson, Inspector

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.

SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of
the structure, a written notice that describes the condition deemed unsafe and specifies the required
repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to
be demolished within a stipulated time. Such notice shall require the person thus notified to declare
immediately to the building official acceptance or rejection of the terms of the order.

        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 955 TURNER AVE




Photo taken 2012




                                          Roof has lifted
                                          from wall due to
                                          rafter failure
Rafter failure
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1715809 – 1317 7th 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 1317 7th 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 civil
infraction citations to the owner, agent or responsible party if they do not demolish the
structure.

Location and ownership: This structure is located on 7thSt between Houston Ave and
Monroe in the Nelson Neighborhood. The property is owned by Iluka Family Properties,
7848 W. Sahara Ave, Las Vegas, NV 89117.

Staff Correspondence: Fire occurred on October 21, 2017.
The “Notice & Order” was sent and posted on January 30, 2018.
A ten day notice was sent and posted on February 19, 2018.
On March 1, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.

Financial Impact: Fire Escrow Funds of $2,500 received

Budget action required: None

State Equalized value:      $13,300

Estimated cost to repair: $29,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property

Owner Contact:
No contact with the owner throughout the process. Local property management
company contracted by the owner stated the owner has no intention on repairing the
structure and is selling the property “as is”.

Permits obtained: None
                                FIRE INSPECTION REPORT

Owner ILUKA FAMILY PROPERTIES LLC
     7848 W SAHARA AVE
     LAS VEGAS, NV 89117

Property Address: 1317 7TH ST
Parcel # 24-205-371-0012-00

Inspector(s): Kirk Briggs, Building Official
              Bob Massey, Plumbing and Mechanical
              Ken Murar, Electrical

Date completed: 1/25/18

DEFICENCIES:

Building Inspector:
1) House needs the plaster and insulation removed and replaced
2) All the smoke damaged wood must be cleaned & sealed or replaced
3) All doors must be replaced
4) All windows must be replaced
5) Replace all floor coverings
6) All window, door and floor trim must be replaced
7) The entire interior must be painted

Plumbing / Mechanical Inspector:
1) All fire damaged plumbing fixtures must be replaced
2) All fire damaged piping must be replaced
3) The furnace must be inspected and certified safe or replace
4) Clean all ducts and vent covers

Electrical Inspector:
1) Rewired entire house to code.
2) Electrical service must be relocated to code
3) Hardwired smoke detectors must be added to entire home, to code

Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.

        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 1317 7th ST
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1800479 – 1768 Wood 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 1768 Wood St is
unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Wood St between East Larch
Ave and East Laketon Ave in the Marsh Field Neighborhood. The structure is owned by
the Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.

Staff Correspondence. On March 1, 2018 the HBA declared the structure
substandard, dangerous and a nuisance.
This property is slated for demolition by the Muskegon County Land Bank using funds
from their “Hardest Hit 2” grant.


Financial Impact: None

Budget action required: None

State Equalized value:     $13,300

Estimated cost to repair: $23,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property.
                  DANGEROUS BUILDING INSPECTION
Owner MUSKEGON COUNTY LAND BANK AUTHORITY
    173 E APPLE AVE STE 104
    MUSKEGON, MI 49442

Enforcement # EN1800479
Property Address: 1768 WOOD ST
Parcel # 24-185-120-0004-00

Date completed: Exterior: 2/23/2018 Interior: 2-27-18

DEFICENCIES:
  1. Siding is rotted, missing and has holes
  2. Windows are broken, missing, rotted and boarded shut
  3. Electrical service is and currently a fuse type system. Entire electrical system needs to be
      upgraded.
  4. Roof shingles are missing at the roof’s edge
  5. Rear porch roofing not flashed correctly
  6. Soffits and fascia are rotted, missing or not attached
  7. Entry doors are damaged, rotted and boarded shut
  8. Note: Interior had a large amount of furniture, trash and debris
  9. Interior ceilings have water damage in numerous areas
  10. Kitchen cabinets are rotted, panels and doors are missing
  11. Foundation walls are bowed inward
  12. The furnace is rusted in numerous areas and must be replaced
  13. Fresh water piping shows signs of damage from freezing
  14. Basement steps are rotted and must be replaced

Jay Paulson, Inspector
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 1768 Wood St
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1716511 – 1814 Dyson 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 1814 Dyson St is
unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Dyson St between East Laketon
Ave and East Holbrook Ave in the Marsh Field Neighborhood. The structure is owned
by the Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.

Staff Correspondence. On March 1, 2018 the HBA declared the structure
substandard, dangerous and a nuisance.
This property is slated for demolition by the Muskegon County Land Bank using funds
from their “Hardest Hit 2” grant.


Financial Impact: None

Budget action required: None

State Equalized value:     $18,600 (2017)

Estimated cost to repair: $41,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property.
                          DANGEROUS BUILDING INSPECTION

                     DANGEROUS BUILDING INSPECTION REPORT
                                  12/28/2017


Owner MUSKEGON COUNTY LAND BANK AUTHORITY
     173 E. APPLE AVE STE. 104
     MUSKEGON, MI 49442

Enforcement # EN1716511
Property Address: 1814 DYSON ST
Parcel # 24-255-005-0002-00

Date completed: Exterior: 12-28-17 Interior: 2-27-18

Exterior Deficiencies:
   1. Roof most of the asphalt roof covering is missing. Several tarps on the roof are now torn,
       damaged or not attached. Remaining roof shingles are deteriorated. The roof deck
       material is rotted and must be replaced
   2. Siding on the rear of the home is missing
   3. Soffits and fascia are rotted, missing or not attached
   4. Exterior doors are damaged, missing hardware or boarded shut
   5. Electrical service to home is 60 amp and must be upgraded to a 100 amp service
   6. Chimney is leaning and must be removed

Interior Deficiencies:
   1. The interior of the structure has been completely gutted to the stud walls and subfloor.
       Because the roofing material has been completely removed, the subflooring through the
       entire home is water damaged, rotted and must be removed
    2. All interior doors, insulation, wiring, drywall, trim and floor coverings must be replaced
   3. Kitchen cabinets have been removed and must be replaced
   4. Bath fixtures have been removed and must be replaced
   5. The furnace and water heater are missing and must be replaced
   6. Most windows are cracked, broken, missing or are not egress compliant

Jay Paulson, Inspector
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 1814 Dyson St
COMMISSION MEETING DATE: March 27, 2018

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 #: EN1800097 – 1699 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 1699 Pine St is
unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Pine St between East Larch Ave
and East Dale Ave in the McLaughlin Neighborhood. The structure is owned by the
Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.

Staff Correspondence. On March 1, 2018 the HBA declared the structure
substandard, dangerous and a nuisance.
This property is slated for demolition by the Muskegon County Land Bank using funds
from their “Hardest Hit 2” grant.


Financial Impact: None

Budget action required: None

State Equalized value:     $15,400 (2015 last year listed SEV value)

Estimated cost to repair: $31,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property.
                          DANGEROUS BUILDING INSPECTION

                     DANGEROUS BUILDING INSPECTION REPORT
                                  12/28/2017


Owner MUSKEGON COUNTY LAND BANK AUTHORITY
     173 E. APPLE AVE STE. 104
     MUSKEGON, MI 49442

Enforcement # EN1800097
Property Address: 1699 PINE ST
Parcel # 24-205-298-0023-00

Date completed: January 31, 2018

DEFICENCIES:
  1. Soffits and fascia are missing in several areas
  2. The roof is completely deteriorated
  3. The roof has collapsed in southwest corner of the home
  4. Plaster/Drywall has collapsed in the bath and bedrooms
  5. Water damaged walls and flooring in the bath, bedrooms and dining room
  6. Walls and flooring throughout the home have signs of black mold
  7. Basement has standing water from the roof leaks
  8. Basement windows are broken or missing
  9. Furnace is damaged and must be replaced
  10. Windows are broken, rotted or missing and boarded closed
  11. Doors are broken, rotted or not attached
  12. Electrical and gas services are removed from the home
  13. Siding is rotted, missing or has peeling paint
  14. Kitchen cabinets are rotted, damaged or missing
  15. Flooring throughout the home water damaged, missing, damaged or not attached
  16. Garage doors are missing, boarded or not attached

Jay Paulson, Inspector
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 1699 Pine St
                  Commission Meeting Date: March 27, 2018




Date:         March 22, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to amend the Planned Unit Development (PUD) at
              1161 W Southern Ave


SUMMARY OF REQUEST:

Request to amend the PUD at 1161 W Southern Ave to demo the former gymnasium
and to expand the parking lot, by Avasure Properties, LLC. The project also includes
moving the playground at the corner of Davis/Southern to south of the building, next to
the new urban farm to be located on site.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the PUD amendment with the condition that all future
parking expansions be approved by staff, with up to 93 spaces allowed on site.

COMMITTEE RECOMMENDATION:

The Planning Commission approved a motion to amend the PUD, with the condition that
all future parking expansions be approved by staff, with up to 93 spaces allowed on site.
The motion was approved 8-0, with one member absent.
               PLANNING COMMISSION STAFF REPORT EXCERPT
                                  FEBRUARY 15, 2018

Hearing, Case 2018-06: Request to amend the Planned Unit Development at 1161 W
Southern Ave to demo a portion of the building and to expand the parking lot, by Avasure
Properties, LLC.
SUMMARY
   1. The property is zoned R-1, Low Density Single Family Residential; however, a PUD
      to allow office/research and development was approved in 2017.
   2. The approved PUD included the usage of the former school gymnasium and 57
      parking spaces. This request is to demo the gymnasium and to add parking in
      different phases, as needed. They are also planning to move the playground at the
      corner of Southern/Davis to behind the southern portion of the building. An urban
      garden will be located just to the east of the new playground. Staff is currently in the
      process of approving the relocation of the playground and the addition of the urban
      farm, both of which do not require any board approval.
   3. The dumpster and generator on the east side of the building appear to be fenced, but
      the plan must show that it is screened and at least 5 feet tall.
   4. There is an existing parking lot east of the current gymnasium. The plan shows a few
      different parking options, with some listed as future parking. After discussions with
      the applicant, it appears that the plan does not properly depict what they are
      requesting. They are requesting to keep a portion of the parking lot near the corner of
      Southern/Barclay (33 spaces). The area where the gymnasium currently stands will
      be seeded for grass after demo. An access drive to the building will be maintained to
      the south of the new grass area. They are requesting a total of 93 spaces when the
      building is fully occupied. Staff believes there may be a more efficient way to design
      the future parking and there also needs to be more detail on stormwater management.
      Staff is asking the Planning Commission to recommend approval of the gymnasium
      demo and the reconfiguration of the parking lot for 33 spaces. Also to approve the
      addition of up to 93 parking spaces on site, as long as each phase is reviewed and
      approved by staff.
   5. Notice was sent to all property owners/tenants within 300 feet of this property. At the
      time of this writing, staff has not received any comments from the public.
  Looking south at gymnasium to be demolished and seeded. Parking lot to remain
                                pictured in front.
Playground to be moved. Avasure to purchase City-owned lot after relocation.




     Location of new urban farm and playground (south of the building).
                                CITY OF MUSKEGON

                                 RESOLUTION #2018-
 RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR 1161 W
                           SOUTHERN AVE

WHEREAS, a petition to amend the Planned Unit Development at 1161 W Southern Ave was
received; and,

WHEREAS, the applicant is requesting to demo the former gymnasium and to add parking to
accommodate up to 93 spaces; and,

WHEREAS, any additional parking lot expansions must be approved by staff, with the ability to
add up to 93 spaces on site;

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 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 final Planned Unit Development is hereby approved.

Adopted this 27th day of March, 2018

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Stephen J. Gawron
                                                    Mayor

                                              Attest:
                                                        Ann Meisch
                                                        Clerk, City of Muskegon
                       CERTIFICATE (Final PUD 1161 W Southern 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 27th day of March, 2018, 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: ___________________, 2018.               _______________________________________
                                                Ann Meisch
                                                Clerk, City of Muskegon
                  Commission Meeting Date: March 27, 2018




Date:         March 22, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to amend the Planned Unit Development (PUD) at
              1670 E Sherman Blvd


SUMMARY OF REQUEST:

Request to amend the Planned Unit Development at 1670 E Sherman Blvd to utilize the
building as a medical office that provides urgent care, occupational medicine and
radiology, by Mercy Health Partners.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the PUD with the condition that a stop sign and bar be
installed at the end of the Panera Bread drive thru.

COMMITTEE RECOMMENDATION:

The Planning Commission approved a motion to amend the PUD as proposed, with the
condition that a stop sign and bar be installed at the end of the Panera Bread drive thru.
The motion was approved 8-0, with one member absent.
               PLANNING COMMISSION STAFF REPORT EXCERPT
                                  FEBRUARY 15, 2018

Hearing, Case 2018-08: Request to amend the Planned Unit Development at 1670 E
Sherman Blvd to utilize the building as a medical office that provides urgent care,
occupational medicine and radiology, by Mercy Health Partners.

SUMMARY

   1. The property is part of the PUD that was approved for retail. The building was
      formerly an Old Country Buffet and then briefly a Chinese buffet.
   2. The applicant is requesting to utilize the building for medical uses, specifically for
      urgent care, occupational medicine and radiology. The PUD must be amended to
      allow this type of use in this location of the plan.
   3. There is adequate parking at the entire development to support this type of use.
   4. Staff recommends that traffic improvements be made where the traffic lane intersects
      the drive-thru at Panera Bread. Customers exiting the drive-thru often conflict with
      the cars driving east towards the exit. Staff observed several near crashes at this
      intersection, which will only become more dangerous once the building at 1670 E
      Sherman is reutilized. More details are needed, but staff recommends either a stop
      sign in the eastbound travel lane or a curb that would direct drive-thru customers east
      after receiving their food.
   5. 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 from the public.


       1670 E Sherman Blvd looking southwest from the parking lot traffic lane
Driving west towards Panera Bread (front) and Driving east towards 1670 E Sherman
1670 E Sherman (back)                         from Panera Bread




Driving west towards Panera Bread from 1670 E Trash gates impeding vision near
Sherman                                       intersection




Panera Bread     drive-thru   intersection   from Drive-thru   intersection   leaving
traveling lane                                    Panera Bread
Aerial of intersection. Please note that this is an old picture and the traffic lane has
been modified. Note the new traffic lane and landscaping islands on the previous
pictures.
                                 CITY OF MUSKEGON

                                  RESOLUTION #2018-
 RESOLUTION TO AMEND THE FINAL PLANNED UNIT DEVELOPMENT FOR 1670 E
                          SHERMAN BLVD

WHEREAS, a petition to amend the Planned Unit Development at 1670 E Sherman Blvd was
received; and,

WHEREAS, the applicant is requesting to utilize the building at 1670 E Sherman Blvd for a
medical office that provides urgent care, occupational medicine and radiology; and,

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 Final
Planned Unit Development and associated site plan, with the condition that a stop sign and bar are
placed at the end of the Panera Bread drive-thru; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the final Planned Unit Development is hereby approved, contingent
upon staff approving a stop sign and bar at the end of the Panera Bread drive-thru

Adopted this 27th day of March, 2018

       Ayes:

       Nays:

       Absent:

                                               By:
                                                     Stephen J. Gawron
                                                     Mayor

                                               Attest:
                                                         Ann Meisch
                                                         Clerk, City of Muskegon
                       CERTIFICATE (Final PUD 1760 E Sherman Blvd)

        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 27th day of March, 2018, 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: ___________________, 2018.               _______________________________________
                                                Ann Meisch
                                                Clerk, City of Muskegon
                   Commission Meeting Date: March 27, 2018



Date:        March 27, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning Several Properties


SUMMARY OF REQUEST:

Staff-initiated request to rezone 1814 Dyson St, 1824 Dyson St, 1831 Dyson St and 1828
Jarman St from B-2, Convenience and Comparison Business District to R-2, Medium Density
Single Family Residential District. Also to rezone 1813 Dyson St from R-1, Low Density Single
Family Residential District to R-2, Medium Density Residential District. Also to rezone 1808
McIlwrath St, 1814 McIlwrath St, and 1825 Jarman St from B-4, General Business District to R-
2, Medium Density Single Family Residential District.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezonings.

COMMITTEE RECOMMENDATION:

The Planning Commission voted 8-0 in favor of recommending approval of the rezonings.




                                                                                           1
                PLANNING COMMISSION PACKET EXCERPT
                               FEBRUARY 15, 2018
SUMMARY

 1. The Muskegon County Land Bank owns the home at 1814 Dyson St, which is
    improperly zoned for business uses. They have requested a rezoning to residential
    so that they can use grant funding to demo the house. Staff also noted several other
    properties in the area that appear to be improperly zoned. All of these properties are
    either used as residential homes or are vacant residential lots. Having them zoned as
    business can make it difficult the home difficult to sell, refinance or rebuild in the
    event of a disaster.
 2. Notice was sent to all property owners/tenants within 300 feet of all of these
    properties. At the time of this writing, staff had received several calls from
    neighbors who had questions about the rezoning’s, but were all in favor after
    discussions.


                              Properties to be Rezoned




                                                                                        2
1824 Dyson     1814 Dyson




1828 Jarman    1831 Dyson




1825 Jarman   1814 McIlwrath




                               3
1808 McIlwrath   1813 Dyson




                              4
                                CITY OF MUSKEGON

                             MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO.

 An ordinance to amend the zoning map of the City to provide for a zone change for several
                                      properties

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning for several
properties (see map).


This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: __________________________
                                                         Ann Meisch, MMC
                                                         City Clerk




                                                                                             5
                          CERTIFICATE (Rezoning of several properties)

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 27th day of March, 2018, 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 the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and
that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2018             ________________________________
                                             Ann Meisch, MMC
                                             Clerk, City of Muskegon



Publish:       Notice of Adoption to be published once within ten (10) days of final adoption.




                                                                                                     6
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on March 27, 2018, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning for several properties
(see map).

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

         This ordinance amendment is effective ten days from the date of this publication.

Published ____________________, 2018                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Meisch, MMC
                                                                     City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                                        7
                Commission Meeting Date: March 27, 2018




Date:        March 22, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendment to the Zoning Ordinance – Wireless
             Communication Service Facilities


SUMMARY OF REQUEST:

Staff-initiated request to amend Section 2321 of the zoning ordinance to expand the
overlay district to allow Wireless Communication Service Facilities at 1800 Peck St
(Marsh Field) and 2375 Beach St (Water Filtration Plant). Staff has prepared two
options for the Water Filtration Plant location and is requesting that the Commission
select one of them.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the zoning ordinance amendment, with option 1 for the Water Filtration
Plant location.

COMMITTEE RECOMMENDATION:

The Planning Commission tabled the request at their December 14, 2017 meeting over
concerns about the Water Filtration Plant location. At their March 15, 2018 meeting,
they approved a motion 8-0 to recommend approval of the request to expand the
overlay district as presented, with option 1 for the Water Filtration Plant site.
                                 PLANNING COMMISSION EXCERPT
                                        STAFF REPORT
                                         March 15, 2018


Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance to expand
the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and
2375 Beach St (Water Filtration Plant).
SUMMARY
   1. Cell phone towers are regulated by Section 2321 (Wireless Communication Service Facilities) of the
      zoning ordinance. Please see the enclosed ordinance excerpt.
   2. An overlay district allows these facilities in four different locations in the City.
   3. Staff is requesting to expand the overlay district with two new locations, one at Marsh Field and the
      other at the Water Filtration Plant. This would be to increase cell phone coverage throughout the
      City. This request is just to expand the overlay district and allow companies to apply for a Special
      Land Use Permit to construct a new facility.
   4. There were some concerns from citizens at the December Planning Commission meeting about the
      Water Filtration location. They recommended that the proposed location be moved 200 feet to the
      south along the bike path. Staff has prepared that as Option 2 on the aerial map. Option 1 would be
      in the area inside the Water Filtration parcel where there are already two existing antennas.
   5. If Option 1 is selected, the existing antennas could be relocated onto the new facility. It may not be
      possible to relocate them to Option 2 because of the cost laying new wires.
   6. Staff sent out a notice to everyone in the block near the Marsh Field location and there were no
      comments. Staff sent out two notice letters to everyone within 300 feet of the Water Filtration Plant.
      At the time of this writing, staff had received calls from Susan Newton at 3444 Keaton Ct and Herb
      Hooker at 3443 Keaton Ct, who were both in favor of Option 1 so that they would only have to see
      one cell tower poll instead of two antennas.
Marsh Field Location
Water Filtration Plant Site
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                         ORDINANCE NO._____

An ordinance to amend Section 2321 of the zoning ordinance to expand the overlay district and
allow Wireless Communication Service Facilities at 1800 Peck St (Marsh Field) and 2375 Beach St
(Water Filtration Plant).

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


NEW LANGUAGE
Additions in bold.

SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended 12/97]

Overlay District Established for Wireless Communication Support Facilities [amended 6/06]

Intent: An overly zone is hereby created for the siting of wireless communication facilities (WCF) and
wireless communication antenna (WCA). The zone is identified as:
1.     The Pulaski Lodge, 871 Pulaski Avenue described as:
       W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N R17W.
2.     City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of Consumers Power
       Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R R/W & N Of Little Black Creek
3.     City property near the terminus of Yuba Street, described as:
       Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly & Ely of
       Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121.
4.     A portion of the Muskegon Community College campus, 221 S. Quarterline Road, described as:
       Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon, Muskegon County,
       Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of said Section 15 and the
       centerline of Quarterline Road (66 feet wide); thence N 88°56’41” W 1035.89 feet to the Point of
       Beginning; thence continuing N 88°56’41” W 60.00 feet; thence N 01°03’19” E 60.00 feet; thence S
       88°56’41” E 60.00 feet; thence S 01°03’19” W 60.00 feet along the West face of an existing building
       to the point of beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon,
       Muskegon County, Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or less, subject
       to easements and restrictions of record, if any. [amended 11/00]
5.     Marsh Field described as (to be described after survey completion)
6.     Water Filtration Plant described as (to be described after survey completion)
This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                            CITY OF MUSKEGON

                                            By: _________________________________
                                                   Ann Meisch, MMC, City Clerk
                                           CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of March, 2018, 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 the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.

DATED: ___________________, 2018.               __________________________________________
                                                Ann Meisch, MMC
                                                Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                             CITY OF MUSKEGON
                                             NOTICE OF ADOPTION

Please take notice that on March 27, 2018, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2321 of the zoning ordinance to include two more locations in the overlay
district that allows Wireless Communication Support Facilities.
        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.

This ordinance amendment is effective ten days from the date of this publication.

Published ____________________, 2018.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Meisch, MMC
                                                                         City Clerk

---------------------------------------------------------------------------------------------------------------------

PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




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                  Wireless Communication and the City of Muskegon


The City of Muskegon regulates wireless communication towers in its zoning ordinance
through the use of an overlay zone. The City recognizes that siting towers is more
dependent on topography and proximity to major transportation routes than a particular
zoning district. The City has established several sites where cellular towers may be placed
under Special Use Permit. Collocation is required. A special use permit is issued by the
Planning Commission.

The second, more preferred scenario is placement of wireless antenna as an accessory use.
These are permitted in any zoning district on structures over 5 stories in height and on existing
utility or light poles.

See attached ordinance language for more details.



For further Information:

Zoning questions: Contact the Zoning Administrator, 231-724-6702

Building permit questions: Contact the Building Inspector, 231-724-6715

Towers and antenna on City Property: Contact the DPW Director, 231-724-4100




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Cellular Tower Regulations

                                  Adopted December 9th, 1997


Definitions

Colocation: The use of a wireless telecommunication support facilities by more than one
wireless telecommunication provider

Lattice tower: A support structure constructed of vertical metal struts and cross braces, forming
a triangular or square structure which often tapers from the foundation to the top.

Monopole: A support structure constructed of a single, self-supporting hollow metal tube
securely anchored to a foundation.

Wireless Communication Antenna (WCA): Any antenna used for the transmission or reception
of wireless communication signals excluding those used exclusively for dispatch
communications by public emergency agencies, ham radio antennas, satellite antennas, those
which receive video programming services via multipoint distribution services which are one
meter (39 inches) or less in diameter and those which receive television broadcast signals.

Wireless Communication Equipment Shelter: The structure, shelter, cabinet or vault in which
the electronic receiving and relay equipment necessary for processing wireless
telecommunications is housed together with necessary related equipment such as radios, cable,
conduit, connectors, air conditioning units and emergency generators.

Wireless Communication Facilities (WCF): All structures and accessory facilities relating to the
use of the radio frequency spectrum for the purpose of transmitting or receiving radio signals and
may include, but is not limited to radio towers, television towers, telephone devices and
exchanges, micro-wave towers, and commercial mobile radio service facilities. Citizen band
radio facilities, short wave facilities, ham, amateur radio facilities, and satellite dishes, and
governmental facilities which are subject to state or federal law or regulations which preempt
municipal regulatory authority are not included in this definition.

Wireless Communication Support Facilities (WCSF): A monopole, guyed, or lattice type tower
designed for the attachment of or as support for wireless communication antennas or other
antennas.




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General Provisions

SECTION 2321: WIRELESS COMMUNICATION SERVICE FACILITIES [amended 12/97]

This section provides for appropriate areas for the siting of wireless communication antenna,
support facilities and equipment shelters in recognition of the public need and demand for
advanced telecommunication and information technologies and services balanced against the
impacts such facilities may have on properties within the City. It is the further purpose and
intent of these regulations to:

1.     Provide for the appropriate location and development criteria for wireless communication
       support facilities and wireless communication antenna within the City

2.     Allow and encourage the location of wireless communication support facilities in the
       overlay zoning district

3.     Minimize the adverse effects of such facilities through careful design, siting and
       screening criteria

4.     Maximize the use of existing and future wireless communication support facilities and
       encouraging multiple uses and co-location of such facilities

5.     Protect the character of residential areas throughout the City from the effects of wireless
       communication facilities

6.     Promote the public health, safety, and welfare.

Uses Permitted:

Wireless Communication Antenna (WCA) shall be considered a permitted accessory use in any
zoning district when:

1.     Placed on or attached to any existing structure at least five (5) stories in height which
       constitutes a principle use, including existing communication towers and water towers
       provided: [amended 4/02]

       a.     In the case of a five (5) story building, that any WCA shall not extend more than
              thirty (30) feet above the roofline of the structure to which it is attached.

       b.     In the case of a six (6) story building, that any WCA shall not extend more than
              forty (40) feet above the roofline of the structure to which it is attached.

       c.     In the case of a seven (7) story building, that any WCA shall not extend more than
              fifty (50) feet above the roofline of the structure to which it is attached.

       d.     In the case of an eight (8) story building, that any WCA shall not extend more
              than sixty (60) feet above the roofline of the structure to which it is attached.

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       e.     In no case shall any WCA extend more than sixty (60) feet above the roofline of
              the structure to which it is attached.

2.     Placed on an existing utility or light pole which will serve as a wireless
       telecommunications facility and where the height of said existing pole or other structure
       is not increased more than twenty (20) feet and the existing pole and other structure is not
       proposed to be modified in a manner which would materially alter the pole or structure
       and/or result in an impairment of sight lines or other safety interest.

Provided:

1.     WCAs shall require no personnel on the premises except as necessary for maintenance
       and repair.

2.     All WCAs shall be designed to blend into or meet the aesthetic character of the principal
       (primary) structure where reasonably practical taking into consideration the location of
       the WCA and the line of sight angle and distance from the right-of-way and neighboring
       uses.

3.     A WCA proposed to be located on a historic landmark or in a designated historic district
       may be denied if the WCA would create an adverse impact on the historic character of
       the historic landmark or district.

4.     Associated wireless telecommunication equipment shelters meet accessory use height and
       setback requirements of the district, and receive administrative approval.

5.     This section shall not exempt the applicant from such other government review and
       permitting procedures of the Federal Communications Commission or Federal
       Aeronautics Administration.

Overlay District Established for Wireless Communication Support Facilities [amended 6/06]

Intent: An overly zone is hereby created for the siting of wireless communication facilities
(WCF) and wireless communication antenna (WCA). The zone is identified as:
1.     The Pulaski Lodge, 871 Pulaski Avenue described as:
       W 589 ft of E 757 ft of N 10 acres of SE ¼ of SE ¼ exc N 25 ft thereof Sec 37 T10N
       R17W.
2.     City of Muskegon That Part of NE 1/4 of SE 1/4 Sec 33 T10N R16W Lying S of
       Consumers Power Co 100 Ft R/W W Of US 31 State Hwy E Of Relocated C & O R R
       R/W & N Of Little Black Creek
3.     City property near the terminus of Yuba Street, described as:
       Lot 1 Blk 1 & that part of Lot 3 Blk 1 & N ½ of SE ½ Sec 17 T10N R16W lying Sly &
       Ely of Muskegon River & Nly of US 31 business rte and Lots 1, 2 & 3 Blk 121.
4.     A portion of the Muskegon Community College campus, 221 S. Quarterline Road,
       described as:
       Commencing at the S ¼ corner of Section 15, T10N, R16W, City of Muskegon,
       Muskegon County, Michigan, thence N 01°04’25” E 815.71 feet along the N-S ¼ line of

                                                                                                   4
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       said Section 15 and the centerline of Quarterline Road (66 feet wide); thence N
       88°56’41” W 1035.89 feet to the Point of Beginning; thence continuing N 88°56’41” W
       60.00 feet; thence N 01°03’19” E 60.00 feet; thence S 88°56’41” E 60.00 feet; thence S
       01°03’19” W 60.00 feet along the West face of an existing building to the point of
       beginning being a part of the SW ¼ of Section 15, T10N, R16W, City of Muskegon,
       Muskegon County, Michigan, and containing 0.083 acres or 3600 sq. ft. of land, more or
       less, subject to easements and restrictions of record, if any. [amended 11/00]

Wireless communication support facilities are permitted as special land uses in the overlay zone
and shall be permitted under the purview of Section 2332 after review and approval of the use by
the Planning Commission, after public hearing, subject to the applicable conditions imposed by
the Planning Commission:

1.     The facility shall comply with all applicable Federal Aeronautics Administration and the
       Federal Communications Commission requirements.

2.     All WCSF shall be constructed in compliance with all applicable construction codes,
       including, without limitation, the Electronic Industries Association/Telecommunications
       Industry Association (EIA/TIA) Structural Standards of Steel Antenna Towers and
       Antenna Supporting Structures and shall be certified as such by a licensed structural
       engineer.

3.     Accessory equipment storage structures shall meet the setback and height requirements of
       the underlying zone. No accessory equipment or structure shall be allowed in any rights-
       of-way.

4.     The WCSF shall not be used for advertising purposes and shall not contain any signage
       except which shall show the identity of the service provider and emergency telephone
       numbers. The sign or signs shall not exceed two square feet in size, and shall be easily
       readable from ground level.

5.     The WCSF may be located on a zoning lot containing permitted other principal uses or
       approved special uses.

6.     The WCSF may be located within an area smaller than the minimum lot size of the
       underlying zoning district. The area within which the WCSF is located shall be the area
       subject to the requirements of this section, rather than the entire zoning lot, unless
       otherwise provided herein, or reasonably required by the planning commission.

7.     Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.
       The WCSF shall have a landscaped buffer so that the base of the WCSF and accessory
       equipment structure or storage area shall be screened from any right-of-way, residential
       use, or residential zoning district. Such landscaped buffer shall be placed on the site in a
       manner which will maximize the aesthetic and environmental effects, while at the same
       time providing the required visual buffer. The landscaped buffer shall consist of hedges
       planted leaf to leaf which shall reach a height of not less than six (6) feet at maturity and



                                                                                                    5
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         conifer trees planted on fifteen (15) foot centers along the approved buffer. Requirements
         may be modified by the Planning Commission as appropriate for the specific site.

   8.    The application shall contain information showing the geographic search area within
         which the proposed WCSF must be located and shall also provide locations of all
         structures of similar height within and adjacent to the search area.

   9.    WCSFs shall not have a shiny or metallic finish.

   10.   The WCSF shall not exceed 200 (two-hundred) feet in height.

   11.   If located on the same zoning lot with another permitted use, the WCSF shall not be
         located in a front yard abutting a street.

   12.   Legal access to the WCSF shall be provided regardless of other developments that may
         take place on the property.

   13.   Towers shall not be artificially lighted unless required by the FAA. When lighting is
         required by the FAA or other federal or state authority, it shall be oriented inward so as
         not to project onto surrounding property or the site shall be landscaped to mitigate light
         impact.

   14.   All exterior building material shall be compatible with surrounding structures but in no
         case shall they be cinder or cement block, and metal, other than aluminum siding. Towers
         shall be enclosed by security fencing not less than six feet in height.

   15.   Monopoles may be required by the Planning Commission if it is deemed to be more
         aesthetically compatible with the area than a lattice pole.

   16.   Antenna and metal towers shall be grounded for protection against a direct strike by
         lightening and shall comply as to electrical wiring and connections with all applicable
         state and local statutes.

   17.   Tower owners shall provide maintenance and safety reports to the city’s building official.

   18.   Proof of responsibilities in the case of abandonment shall be submitted with the
         application.

Replacement of Existing WCSFs:

   1.    The replacement WCSF shall not exceed a total height of 200 (two-hundred) feet or, if
         the existing WCSF has an approved height greater than 200 (two-hundred) feet, the
         replacement WCSF shall not exceed the approved height.

   2.    The replacement WCSF shall be located within the same zoning lot as the existing WCSF
         and shall be located to comply with existing minimum yard requirements.



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   3.     The existing WCSF shall be removed within 90 days of completion of the replacement
          WCSF and the relocation or installation of the WCA.

   4.     If the location of the replacement WCSF is such that the existing WCSF must be moved
          before the replacement WCSF is constructed, temporary portable antennae support
          facilities may be used, but must be removed within 30 days of the completion of the
          replacement WCSF and the relocation or installation of the WCA.

   Review Criteria for new WCSFs:

   1.     A new WCSF shall not be approved unless it can be demonstrated by the applicant that
          there is a need for the new WCSF which cannot be met by placing WCA on an existing
          WCSF or on other structures or replacement of an existing WSCF. Information
          concerning the following factors shall be considered in determining that such need exists:

          a.     Insufficient structural capacity of existing WCSFs or other suitable structures and
                 inability to reinforce or replace an existing WCSF

          b.     Unavailability of suitable locations to accommodate system design or engineering
                 on existing WCSF or other structures

          c.     Radio frequency interference or other signal interference problems at existing
                 WCSF or other structures

          d.     The cost of using an existing WCSF or other structure exceeds the costs of
                 permitting and constructing a new WCSF

          e.     Other factors which demonstrate the reasonable need for the new WCSF.

Co-location Required:

   1.     The applicant must include in the application an affidavit stating space on a proposed
          tower will be made available to future users when technically possible.

   2.     The applicant shall send a written notice via certified mail to all potential users of the
          new WCSF offering an opportunity for co-location. The list of potential users shall
          include those entities that have requested approval of WSCF in the past, current FCC
          license holders, and any other entities requesting to be included on the list. Copies of the
          notice letters shall be provided to the City at the time the application is filed. If, during a
          period of 30 days after the notice letters are sent to potential users, a user or users
          request, in writing, to co-locate on the new WCSF, the applicant shall accommodate the
          request(s), unless co-location is not reasonably possible based on the criteria of this
          subsection.

   Removal of Abandoned WCSFs:




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All providers owning a wireless telecommunications support facility shall notify the zoning
administrator when the use of said tower located in the municipality will be discontinued and the
date it will cease. Any WCSF which is abandoned shall be removed or demolished within 90
days of abandonment. For the purposes of this section, abandoned shall mean that no WCA or
other commercial antenna has been operational and located on the WCSF for 180 days or more.
Where a WCSF is abandoned but not removed or demolished as required, the City may remove
or secure the removal of the facility or required portions thereof, with its actual cost and
reasonable administrative charge to be placed on the property. A lien on the property shall be
superior to all other liens except taxes.




                                                                                                 8
            Unapproved Planning Commission meeting minutes – March 15, 2018


Hearing, Case 2017-33: Staff-initiated request to amend Section 2321 of the zoning ordinance to
expand the overlay district and allow Wireless Communication Service Facilities at 1800 Peck St
(Marsh Field) and 2375 Beach St (Water Filtration Plant). M. Franzak presented the staff
report. Cell phone towers are regulated by Section 2321 (Wireless Communication Service
Facilities) of the zoning ordinance. An overlay district allows these facilities in four different
locations in the City. A map was provided to the board members showing those locations. Staff
is requesting to expand the overlay district with two new locations, one at Marsh Field and the
other behind the Water Filtration Plant. This would increase cell phone coverage throughout the
City. This request is only to expand the overlay districts and allow companies to apply for a
Special Land Use Permit to construct a new facility. There were some concerns from citizens at
the December Planning Commission meeting about the water filtration plant location. They
recommended that the proposed location be moved 200 feet to the south along the bike path. Staff
has prepared that as option 2 on the aerial map included in the staff report. Option 1 would be in
the area inside the water filtration plant parcel where there are already two existing antennas. If
option 1 is selected, the existing antennas could be relocated to the new facility. It may not be
possible to relocate them to Option 2 due to the cost laying new wires. Staff sent out a notice letter
for this hearing to everyone within 300 feet of the water filtration plant. At the time of this writing,
staff had received calls from Susan Newton at 3444 Keaton Ct and Herb Hooker at 3443 Keaton
Ct, who were both in favor of Option 1 which showed one cell tower pole instead of the two
antennas currently there.
Staff recommends approval of the ordinance amendment with option 1 for the water filtration plant
site. Staff received no opposition to the proposed Marsh Field location.

M. Franzak discussed comments he had received after the staff report was sent to board
members. D. VanWesep and E. DeJong of 3430 Whiskey Hollow Dr both wrote letters opposing
any cell tower location at the beach. D. VanWesep stated that it would negatively affect their view
and believed it was bad for Muskegon’s image as a tourist destination. E. DeJong was opposed
due to having a cell tower or pole of an industrial nature obstructing the lake views. He also
believed that it violated the zoning ordinance. M. Schutt of 3355 Lakeshore Dr wrote in support
of Option 1, as better cell service was needed in the beach area. B. Mazade asked how tall the
current towers were that were located on the property, and how tall the proposed cell pole would
be. M. Franzak estimated the current towers to be 125 feet tall; a monopole like the one proposed
was allowed to be up to 200 feet tall maximum. B. Mazade asked if a Special Use Permit would
be required in order to erect the actual pole. M. Franzak stated that was correct. J. Doyle asked
about the assertion in Mr. DeJong’s letter about option 1 being in violation of the zoning
ordinance. M. Franzak stated that the proposal did not violate the zoning ordinance for cell
towers. He went on to discuss option 2’s location, which was a less desirable option, as it was in
a critical dune area as well as a city charter park.
D. Alexander of 3410 Whiskey Hollow stated that he was in favor of either option 1 or 2,
depending on what the other neighbors decided. He asked if the City would get paid for use of the
cell pole. F. Peterson stated that was correct. There was further discussion on whether any profits
made from the tower would go toward the water department or the parks department. M. Franzak
stated that option 2 located in the charter park would complicate the leasing of pole space and
could be an expensive, time-consuming legal process according to the City’s counsel. K. Kolberg
of 3414 Whiskey Hollow stated that he did not think the beach was the proper area for a tower or
pole, and he was concerned that allowing one would lead to more. B. Mazade stated that city
ordinance required co-location on the same pole, to eliminate the need for several poles or
towers. L. Taunt owned property on Whiskey Hollow and stated that either option would be
acceptable but it appeared that option 2 would be best for the neighbors. L. Page stated that he
represented the Pigeon Hill Alliance, a non-profit group concerned with environmental issues in
the area. He stated that he had made several cell phone calls from the area and was able to get
through each time. Board members and other audience members stated that they regularly had
calls dropped in the area of the beach. L. Page stated that he preferred option 1 over option 2, as
option 2 was in a charter park and critical dune area.

A motion to close the public hearing was made by M. Hovey-Wright, supported by J. Doyle and
unanimously approved.

A motion that the request to amend Section 2321 of the zoning ordinance to expand the overlay
district for Wireless Communication Support Facilities be recommended to the City Commission
for approval, with Option 1 being the recommended choice for the Water Filtration Plant site, was
made by M. Hovey-Wright, supported by J. Doyle and unanimously approved, with T. Michalski,
F. Peterson, B. Mazade, J. Doyle, M. Hovey-Wright, and E. Hood voting aye. F. Peterson
confirmed that the motion included the Marsh Field site. M. Franzak stated that was correct.
                   Commission Meeting Date: March 27, 2018




Date:        March 27, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Purchase of Property for Industrial Park Expansion


SUMMARY OF REQUEST: The City of Muskegon is in need of industrial development but
lacks readily available land to meet the needs of today’s industrial end users. Muskegon
has been working very hard to attract new industrial end users to our community, however,
because we are an older land-locked city, we lack in cohesive developable land beyond 2-3
acre sites. City staff have finalized terms to purchase approximately 22.7 acres of land
adjacent to the Port City Industrial Park and are requesting authorization to purchase the
land for economic development purposes (expansion of the industrial park).



FINANCIAL IMPACT: Total cost $340,500



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: Authorize staff to execute purchase agreement for 2420
Remembrance Drive (PPN 24-134-300-0001-00) consisting of approximately 22 Acres.



COMMITTEE RECOMMENDATION:




3/27/2018

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