City Commission Packet 08-28-2018

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
           AUGUST 28, 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:
□      CITY MANAGER’S REPORT:
□      CONSENT AGENDA:
    A. Approval of Minutes       City Clerk
    B. Gaming License Request from West Michigan’s Finest         City Clerk
    C. Gaming License Request from Family Promise of the Lakeshore             City
       Clerk
    D. Division Street Outfall Green Infrastructure Project – Resolution of Authority
       to Sign Agreement with CSX Transportation Department of Public Works
    E. Launch Ramp Ordinance Change – 2nd Reading Department of Public
       Works
    F. New Position: Arena Director     City Manager
□   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
    A. Concurrence with the Housing Board of Appeals Notice and Order to
       Demolish  Public Safety
       1967 Reynolds Street
       1932 Reynolds Street

                                           Page 1 of 2
       1679 Park Street
       1303 6th Street
       1144 3rd Street
    B. Rezoning request for 235, 239, 240, 250, and 254 Monroe Avenue from R-3,
       High-Density Single-Family Residential to Form Based Code, Urban
       Residential Planning & Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

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




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: August 23, 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. A gaming license request from West Michigan’s finest.
            c. A gaming license request from Family Promise of the Lakeshore.
            d. Authorization to enter into an agreement with CSX Transportation relative to the
                Division Street Outfall Project. This is a standard agreement that allows the city’s
                project to encroach onto CSX Property.
            e. Second Reading of the amendment to the Launch Ramp Ordinance.
            f. Creation of the position of Arena Director. This position existed previously, but
                has not been active for many years. We are seeking to move the position in-house
                as we work to hold more events at the arena.
      2. Under the New Business, we are asking the Commission to consider the following:
            a. Concurrence with the Housing Board of Appeals regarding the demolition of five
                properties.
            b. Consideration of an amendment to the zoning ordinance regarding a number of
                properties in the Nelson Neighborhood from R-3 to Urban Residential. This is the
                site for the second phase of the Midtown Square project.

Let me know if you have any questions/comments/concerns
Date:     August 22, 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 August 13, 2018
Worksession and the August 14, 2018 Regular Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


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

                                 Monday, August 13, 2018
                                        5:30 p.m.
                                City Commission Chambers

                                      Minutes
2018-57
Present:      Johnson, Hood, Turnquist, Gawron, Warren, Rinsema-Sybenga and
              German.
Absent:       None

Purchase Agreement – 880 First Street
Summary of Request: City Staff is seeking permission to enter into a purchase
agreement with Core Development for 880 First Street. This building was acquired by
the City of Muskegon in 2015. The $425,000 purchase price will reimburse the City’s
Public Improvement Fund most of the $500,000 invested in the property to date. The
remainder of the investment will be recovered in the initial years of the completion of the
development as a result of income tax revenues. The property is located in the
Downtown Development Authority, and any incremental property tax growth will benefit
that component unit of the City’s budget.

This item will be on the August 14, 2018 City Commission meeting for consideration.

1000 West Western Avenue Sale and Development Agreement
Summary of Request: The City Commission accepted a $249,000 purchase offer from
Smith Equities in 2016. After a lengthy due diligence period, the parties entered into a
letter of intent that would help guide the development of a purchase agreement. The
purchase agreement is in final draft form, and the terms are agreeable to both Smith
equities and City Staff.

The purchase Agreement outlines the purchase price as well as the development
obligations of both parties. The City has a number of obligations in the development
agreement, including the relocation of infrastructure- such as the bike path and the
roadway to the Hartshorn Launch Ramp- and the implementation of improvements at
the marina’s facilities. The city’s costs associated with this infrastructure will be
recovered as a part of a Brownfield Reimbursement Plan. Additionally, the marina
amenity improvements will result in increased revenue from both the new condominium
association and the marina slip holders. It is anticipated that the initial phase of the
development will result in approximately $170,000 in new property tax revenue
annually, which will be captured as part of the Brownfield Plan and used to reimburse
the City’s expenses. Additional phases of the development will likely result in
significantly more property tax revenue. It is also anticipated that the initial phase of the
development will result in $40,000- $60,000 in new local Income tax revenues.
The proceeds from the initial land sale will benefit the City’s Public Improvement Fund.

This item will be on the August 14, 2018 City Commission meeting for consideration.

Rad Dad’s Management Agreement
Summary of Request: City staff is requested approval of the lease agreement and
corresponding management agreement for the operations of Rad Dad’s Tacos and
Tequila in the LC Walker Arena.

This item will be on the August 14, 2018 City Commission meeting for consideration.

Sale of City Owned Property at 1870 Huizenga Street & 1080 E Holbrook
Summary of Request: Newkirk Electric, located at 1875 Roberts, has requested to
purchase the two vacant, industrially- zoned properties to expand their outdoor storage
area. They are offering $30,000 and to split the closing costs. 1870 Huizenga is
considered a buildable lot. But 1080 E. Holbrook is not large enough to be considered
buildable. Staff is requesting permission to enter into a purchase agreement with the
applicant.

This item will be on the August 14, 2018 City Commission meeting for consideration.

Sale of City Owned Property in the Seaway Industrial Park
Summary of Request: MTC Enterprises of Michigan, Inc. has requested to purchase lots
1 and 2 in the Seaway Industrial Park. They are offering $300,000 total for both lots and
are proposing to construct a provisioning center on one parcel and either a cultivation
building or processing center on the other parcel. The offer is contingent upon
unencumbered title and their ability to obtain State and local licensing within 120 days of
acceptance of the proposal. If they need additional time to obtain licensing and all
necessary approvals, they will agree to pay the City $3,000 per month non-refundable
but credited towards the purchase price at closing. Staff is requesting permission to
enter into a purchase agreement with the applicant.

This item will be on the August 14, 2018 City Commission meeting for consideration.

Annex Lease
Summary of request: The City entered into a lease with ImaJam, Inc. 2015. ImaJam
planned to operate a sports training facility on the site. The owner has been
unsuccessful in his attempts to do so. Both parties feel that it is in the best interest of
the community to terminate the lease and allow the city to find a new operator for the
site. As part of the lease termination, the City will maintain the existing lease with Mercy
Health, Inc., which has three years remaining on the initial term and one additional 5-
year extension. Additionally, the City will take ownership of the personal property
located on site as well as the related financial obligations associated with that personal
property. City staff has been working with local investor that has a strong interest in
stepping in to operate the facility; an agreement should be ready for Commission
consideration in the next 60 days.
This item will be on the August 14, 2018 City Commission meeting for consideration.

The Work session Meeting adjourned at 7:48 p.m.

                                                Respectfully Submitted,



                                               Ann Marie Meisch, MMC-City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
          AUGUST 14, 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, August 14, 2018.
Commissioner Willie German, Jr., 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, Willie German, Jr., and Dan Rinsema-Sybenga,
City Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent:     Commissioner Debra Warren
INTRODUCTIONS/PRESENTATION:
   A. Presentation of 2018 Beautification Awards
Recipients of the Residential and Business 2018 Neighborhood Beautification
Awards were recognized for their effort in making the city a beautiful place.
Those present were presented with a Certificate of Recognition.
2018-58     CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve the minutes of the July 24, 2018 Regular
Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   B. Special Event Liquor License – Farmers Market for Farm to Table Dinner –
      City Clerk
SUMMARY OF REQUEST: The Muskegon City Clerk’s Office is organizing our 3rd

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annual Farm-to-Table fundraiser dinner to benefit the Muskegon Farmers Market
and is seeking City Commission approval to apply for license for Beer, Wine, and
Spirit sales for this event. The Farmers Market does have a liquor license but the
licensed area does not extend beyond the barn.
FINANCIAL IMPACT:        $50 permit from the State for every date requested.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:        To approve a special liquor license for the
September 6, 2018 Farm-to-Table Fundraiser dinner.
   D. Annex Lease        City Manager
SUMMARY OF REQUEST: The City entered into a lease with ImaJam, Inc. in 2015.
ImaJam planned to operate a sports training facility on the site. The owner has
been unsuccessful in his attempts to do so. Both parties feel that it is in the best
interest of the community to terminate the lease and allow the city to find a new
operator for the site. As part of the lease termination, the City will maintain the
existing lease with Mercy Health, Inc., which has three years remaining on the
initial term and one additional 5-year extension. Additionally, the City will take
ownership of the personal property located on site as well as the related
financial obligations associated with that personal property. City staff has been
working with a local investor that has a strong interest in stepping in to operate
the facility; an agreement should be ready for Commission consideration in the
next 60 days.
FINANCIAL IMPACT:        None at this time.
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To approve the request and authorize staff to
sign the lease termination.
   E. Purchase Agreement – 880 First          City Manager
SUMMARY OF REQUEST: City staff is seeking permission to enter into a purchase
agreement with Core Development for 880 First Street. This building was
acquired by the City of Muskegon in 2015. The $425,000 purchase price will
reimburse the City’s Public Improvement Fund most of the $500,000 invested in
the property to-date. The remainder of the investment will be recovered in the
initial years of completion of the development as a result of income tax
revenues. The property is located in the Downtown Development Authority, and
any incremental property tax growth will benefit that component unit of the
City’s budget.
FINANCIAL IMPACT:     $425,000 minus closing costs deposited into the City’s
Public Improvement Fund.
BUDGET ACTION REQUIRED:         None at this time.


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STAFF RECOMMENDATION:          To authorize the City Manager to enter into a
sales agreement to sell the property at 880 First Street for $425,000 to Core
Development.
   G. Memorandum of Understanding – Justice Assistance Grant              Public
      Safety Director
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2018 Justice Assistance Grant. It is further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that the time is of the essence as this grant requires a
governing body review period and the grant submission and the grant deadline
is August 22nd.
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50% of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down the BJA which is as follows: County of Muskegon $0; City of Muskegon
$23,030 and the City of Muskegon Heights $14,941. Note that BJA uses crime
data versus population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Staff recommends approval of this request.
   H. Rezoning Request for a Portion of the Property at 710 Pulaski Avenue
      2nd Reading Planning & Economic Development
SUMMARY OF REQUEST: Request to rezone a portion of the property at 710
Pulaski Avenue from I-1, Light Industrial to B-4, General Business.
FINANCIAL IMPACT:          None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Staff Recommends approval of the rezoning.
COMMITTEE RECOMMENDATION:       The Planning Commission unanimously
recommended approval of the request at their July 12 meeting, with four
members absent.
   I. Sale of City-Owned Property at 1870 Huizenga Street & 1080 E. Holbrook
      Avenue       Planning & Economic Development


                                           Page 3 of 11
SUMMARY OF REQUEST: Newkirk Electric, located at 1875 Roberts Street, has
requested to purchase the two vacant, industrially-zoned properties to expand
their outdoor storage area. They are offering $30,000 and to split the closing
costs. 1870 Huizenga is considered a buildable lot, but 1080 E. Holbrook is not
large enough to be considered buildable. Staff is requesting permission to enter
into a purchase agreement with the applicant.
FINANCIAL IMPACT:        The City will see increased revenue from the sale of the
lots.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Staff recommend approval of the sale.
   K. Launch Ramp Ordinance Change                   Department of Public Works
SUMMARY OF REQUEST: To amend Chapter 58 Parks and Recreation ordinance
to clarify daily and annual launch ramp permit parameters, vessel and trailer size
restrictions, and commercial use of the City of Muskegon launch ramps.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approve the modified language for the
ordinance.
   L. City Survey Services      Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an engineering services
agreement with Fleis & VandenBrink Engineering to provide survey services for
upcoming projects. The value of the agreement shall not exceed $27,110.
Requests for Proposals were solicited for this contract with Westshore Consulting
and Fleis & VandenBrink Engineering submitting proposals. Both proposals were
reviewed by staff and the Fleis & VandenBrink proposal is recommended.
FINANCIAL IMPACT:        Not to exceed $27,110.
BUDGET ACTION REQUIRED:        None. Contract will be funded out of capital
projects included in the 2018/2019 budget.
STAFF RECOMMENDATION:          Authorize staff to enter into an engineering
services agreement with Fleis & VandenBrink Engineering.
   M. Landscaping        DPW/Filtration
SUMMARY OF REQUEST: Authorize staff to enter into a landscaping agreement
at Water Filtration Plant with Weesies Brothers Garden Center since they
submitted the lowest responsible bid of $35,495.
FINANCIAL IMPACT:        $35,495
BUDGET ACTION REQUIRED:         The project is funded in FY 2018-19

                                          Page 4 of 11
STAFF RECOMMENDATION:       Authorize staff to enter into an agreement with
Weesies Brothers Garden Center for a cost of $35,495.
   N. Fence Replacement        DPW/Filtration
SUMMARY OF REQUEST: Authorize staff to enter into a fence replacement
agreement at Water Filtration Plant with Justice Fence since they submitted the
lowest responsible bid of $89,500.
FINANCIAL IMPACT:        $89,500
BUDGET ACTION REQUIRED:        The project is funded in FY 2018-19
STAFF RECOMMENDATION:           Authorize staff to enter into an agreement with
Justice Fence for a cost of $89,500.
   O. Excavating DPW/Filtration
SUMMARY OF REQUEST: Authorize staff to enter into an excavating agreement
at Water Filtration Plant with Jackson-Merkey Contractors since they submitted
the lowest responsible bid of $88,365.
FINANCIAL IMPACT:        $88,365
BUDGET ACTION REQUIRED:        The project is funded in FY 2018-19
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Jackson-Merkey for a cost of $88,365.
   P. Membrane Roof on Clearwells DPW/Filtration
SUMMARY OF REQUEST: Authorize staff to enter into a roof installation
agreement on clearwells at Water Filtration Plant with Ostrander Roofing since
they submitted the lowest responsible bid of $440,000.
FINANCIAL IMPACT:        $440,000
BUDGET ACTION REQUIRED:        The project is funded in FY 2018-19
STAFF RECOMMENDATION:          Authorize staff to enter into an agreement with
Ostrander Roofing for a cost of $440,000.
   Q. Salt Box     DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Salt Box from Arista Truck Systems, Inc. This unit was ordered by
another community that could not complete the sale, therefore, Arista is offering
this unit at a considerable discount. The price of the unit is $14,999, compared to
$18,807. A savings of $3,808.
FINANCIAL IMPACT:        $14,999
BUDGET ACTION REQUIRED:        None. Amount is what was budgeted.
STAFF RECOMMENDATION:          Authorize staff to purchase on (1) Salt Box from


                                         Page 5 of 11
Arista Truck Systems, Inc.
   R. Concrete Breaker DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Concrete Breaker from Midland Engine, the lowest qualified
bidder.
FINANCIAL IMPACT:            $12,500
BUDGET ACTION REQUIRED:              None. Amount is what was budgeted.
STAFF RECOMMENDATION:        Authorize staff to purchase one (1) Concrete
Breaker from Midland Engine.
   S. Back Hoe     DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Back Hoe from Michigan Cat for a purchase price of
$97,053.61. With our buyback program, Michigan Cat is the most cost effective
machine to buy.
FINANCIAL IMPACT:            $97,053
BUDGET ACTION REQUIRED:              None. Amount is what was budgeted.
STAFF RECOMMENDATION:                Authorize staff to purchase one (1) Back Hoe
from Michigan Caterpillar.
   T. City Manager Employment Agreement                   Mayor’s Office
SUMMARY OF REQUEST: Approval of the Agreement as submitted.
FINANCIAL IMPACT:            None.
BUDGET ACTION REQUIRED:              None at this time.
STAFF RECOMMENDATION:         To approve the employment agreement and
authorize the Mayor and Clerk to sign.
   U. Adopt a Resolution Approving the Liquor License Application for Pigeon
      Hill Brewing Company, LLC     City Clerk
SUMMARY OF REQUEST: To adopt a resolution approving the request for a
Liquor License for Pigeon Hill Brewing Company, LLC, 895 Fourth Street, to be
licensed as a Micro Brewer, Small Wine Maker, Manufacturer of Mixed Spirit
Drink, and Small Distiller.
FINANCIAL IMPACT:            None
BUDGET ACTION REQUIRED:              None
STAFF RECOMMENDATION:                Adopt a resolution approving the request.
   V. Arena Lease and Management Agreement – Rad Dad’s City Manager
SUMMARY OF REQUEST: City staff is requesting approval of the lease agreement

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and corresponding management agreement for the operations of Rad Dad’s
Tacos and Tequila in the LC Walker Arena.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To approve the agreements and authorize the
Mayor and Clerk to sign.
Motion by Commissioner Johnson, second by Vice Mayor Hood, to approve the
consent agenda as presented, except items C, F, and J.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           German.
            Nays: None
MOTION PASSES
2018-59     ITEMS REMOVED FROM THE CONSENT AGENDA:
   C. Designation of Voting Delegates for the Michigan Municipal League
      Annual Business Meeting       City Clerk
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the Annual Meeting; and,
if possible, to designate one other official to serve as an alternate.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to designate Mayor Stephen J. Gawron as the MML representative and
Commissioner Willie German, Jr., as the alternate.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, German, and Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
   F. 1000 West Western Avenue Sale and Development Agreement                City
      Manager
SUMMARY OF REQUEST: The City Commission accepted a $249,000 purchase
offer from Smith Equities in 2016. After a lengthy due diligence period, the parties
entered into a letter of intent that would help guide the development of a
purchase agreement. The purchase agreement is in final draft form, and the
terms are agreeable to both Smith Equities and City Staff.

                                           Page 7 of 11
The Purchase Agreement outlines the purchase price as well as the
development obligations of both parties. The City has a number of obligations in
development agreement, including the relocation of infrastructure – such as the
bike path and the roadway to the Hartshorn Launch Ramp – and the
implementation of improvements at the marina’s facilities. The City’s costs
associated with this infrastructure will be recovered as part of a Brownfield
Reimbursement Plan. Additionally, the marina amenity improvements will result
in increased revenue from both the new condominium association and the
marina slip holders. It is anticipated that the initial phase of the development will
result in approximately $170,000 in new property tax revenue annually, which will
be captured as part of the Brownfield Plan and used to reimburse the City’s
expenses. Additional phases of the development will likely result in significantly
more property tax revenue. It is also anticipated that the initial phase of the
development will result in $40,000 - $60,000 in new local Income Tax revenues.
The proceeds from the initial land sale will benefit the City’s Public Improvement
Fund.
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 enter into the
sale and development agreement with Harbor West, LLC, consistent with the
terms of the Letter of Intent dated March 2018.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to authorize the city manager to enter into the sale and development
agreement with Harbor West, LLC, consistent with the terms of the Letter of Intent
dated March 2018.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, German, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES
   J. Sale of City-Owned Property in the Seaway Industrial Park         Planning &
      Economic Development
SUMMARY OF REQUEST: MTC Enterprises of Michigan, Inc has requested to
purchase lots 1 and 2 in the Seaway Industrial Park. They are offering $300,000
total for both lots and are proposing to construct a provisioning center on one
parcel and either a cultivation building or processing center on the other parcel.
The offer is contingent upon unencumbered title and their ability to obtain State
and local licensing within 120 days of acceptance of the proposal. If they need
additional time to obtain licensing and all necessary approvals, they will agree


                                          Page 8 of 11
to pay the City $3,000 per month non-refundable but credited towards the
purchase price at closing. Staff is requesting permission to enter into a purchase
agreement with the applicant.
FINANCIAL IMPACT:        The City will see increased revenue from the sale of the
lots.
BUDGET ACTION REQUIRED:        None.
STAFF RECOMMENDATION:          Staff recommend approval of the sale.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga,
to approve the sale.
ROLL VOTE: Ayes: Gawron, Hood, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2018-60     NEW BUSINESS:
   A. City-MDOT Agreement; Black Creek Road; Sherman Blvd to Latimer Drive
      DPW/Engineering
SUMMARY OF REQUEST: Approved the contract with MDOT for the Black Creek
Road construction between Sherman Boulevard and Latimer Drive and approve
the resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:         MDOT’s participation is limited to the approved federal
funds of $340,000. The estimated total construction cost is $568,100 plus
engineering cost.
BUDGET ACTION REQUIRED:        None at this time, this project is included in the
18-19 budget.
STAFF RECOMMENDATION:         Approve the contract and resolution authorizing
the Mayor and Clerk to sign both.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
approve the contract and resolution authorizing the mayor and clerk to sign
both.
ROLL VOTE: Ayes: Hood, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
            Nays: None
MOTION PASSES
   B. City Hall Duct Cleaning Department of Public Work
SUMMARY OF REQUEST: Award a contract for duct cleaning at City Hall to
Modernistic, the lowest responsible bidder. Three contractors were contacted,

                                         Page 9 of 11
and two supplied bids as follows:
Modernistic - $9,899
Stanley Steamer - $13,832
FINANCIAL IMPACT:        $9,899
BUDGET ACTION REQUIRED:           None. A City Hall upgrade project is included in
the capital project list of the 2018/2019 budget.
STAFF RECOMMENDATION:           Award the project to the low bidder, Modernistic.
Motion by Vice Mayor Hood, second by Commissioner Johnson, to award the
project to the low bidder, Modernistic.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   C. Steven Street Storm Sewer Outlet Repairs       Department of Public Works
SUMMARY OF REQUEST: The DPW is requesting permission to rent equipment
and purchase materials necessary to complete repairs to the Stevens Street
Storm Sewer Outlet. The storm sewer outlet has partially collapsed and is causing
substantial erosion. An MDEQ permit has been obtained for the work and bids
were taken where feasible for the rental of equipment and purchase of
materials necessary for the repairs. Labor to be completed by Highway
Department staff.
FINANCIAL IMPACT:       Materials - $12,208.20 ($4,208.20 Pipe + $8,000.00
Drainage Structure) Equipment - $2,935.00 (Excavator Rental)
BUDGET ACTION REQUIRED:       None at this time. Equipment and material
purchases will be funded from the Local Street Fund.
STAFF RECOMMENDATION:          Authorize staff to rent equipment and materials
to make repairs to the Stevens Street Storm Water Outlet.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Hood, to
authorize staff to rent equipment and materials to make repairs to the Stevens
Street Storm Water Outlet.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Hood
            Nays: None
MOTION PASSES
   D. 2018 Capital Improvements Projects – McGraft Park Lot Resurfacing
      Department of Public Works

                                          Page 10 of 11
SUMMARY OF REQUEST: Award the resurfacing contract (H-1716) for crushing
and shaping of the existing parking lot and driveway at McGraft Park to the low
bidder. Three contractors submitted bids for this project as follows:
Accurate Excavators - $108,512.29
Jackson-Merkey Contractors - $112,453.90
Epic Excavating - $113,951.45
FINANCIAL IMPACT:        $108,512.29
BUDGET ACTION REQUIRED:      None at this time. The project will be funded
through a planned capital improvement project and from the McGraft Park
Trust Fund.
STAFF RECOMMENDATION:           Award the project to the low bidder, Accurate
Excavators.
Motion by Commissioner Turnquist, second by Commissioner Johnson, to
authorize staff to rent equipment and materials to make repairs to the Stevens
Street Storm Water Outlet.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
           German
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission meeting adjourned at 6:40 p.m.


                                       Respectfully Submitted,




                                       Ann Marie Meisch, City Clerk, MMC




                                          Page 11 of 11
Date:       August 22, 2018
To:         Honorable Mayor and City Commissioners
From:       Ann Marie Meisch, City Clerk
RE:         Gaming License Request from West Michigan’s
            Finest




SUMMARY OF REQUEST: West Michigan’s Finest is requesting a
resolution recognizing them as a non-profit organization operating in the
City for the purpose of obtaining a Gaming License.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
Date:      August 22, 2018
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Gaming License Request from Family Promise of
           the Lakeshore




SUMMARY OF REQUEST: Family Promise of the Lakeshore is
requesting a resolution recognizing them as a non-profit organization
operating in the City for the purpose of obtaining a Gaming License.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
Date:     8/28/2018

To:       Honorable Mayor and City Commissioners

From:     Department of Public Works

RE:       Division Street Outfall Green Infrastructure Project – Resolution of
          Authority to Sign Agreement with CSX Transportation


SUMMARY OF REQUEST:

Approve the resolution of authority to sign an agreement with CSX Transportation, Inc.
to facilitate the green infrastructure project at the city’s Division Street outfall to
Muskegon Lake.

FINANCIAL IMPACT:
None

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
Approve the resolution of authority to sign the agreement with CSX Railroad.
                                 City of Muskegon
                                       RESOLUTION

                          AUTHORITY TO SIGN
    AGREEMENT WITH CSX RAILROAD FOR DIVISION STREET OUTFALL PROJECT


WHEREAS, Muskegon City Commissioners desire to promote green infrastructure as a means to
improve and protect the natural environment; and

WHEREAS, Muskegon City Commissioners support the West Michigan Shoreline Regional
Development Commission’s project to reduce runoff and contamination at the city’s Division
Street outfall to Muskegon Lake; and

WHEREAS, Muskegon City Commissioners understand that a portion of the city’s storm sewer
will be rerouted under CSX Railroad property, requiring an agreement with the railroad; and

NOW, THEREFORE LET IT BE RESOLVED, that Muskegon City Commissioners give the City
Manager authority to sign the agreement with CSX Transportation, Inc. and to name CSX
Transportation, Inc. as an additional insured for the project construction.



Dated this ______ of _______ 20__.




                                                  ________________________________
                                                        Stephen J. Gawron
                                                              Mayor



                                                  _________________________________
                                                        Ann Marie Meisch
                                                            City Clerk
Date:          August 22, 2018
To:            Honorable Mayor and City Commission
From:          Department of Public Works
RE:       Launch Ramp Ordinance Change – 2nd Reading
________________________________________________________

SUMMARY OF REQUEST: To amend Chapter 58 Parks and Recreation ordinance to
clarify daily and annual launch ramp permit parameters, vessel and trailer size restrictions,
and commercial use of city of Muskegon launch ramps.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

Approve the modified language for the ordinance.




                                                                                            1
                                 CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN
                                ORDINANCE NO. _____



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


1.     Section 58-3 is amended to read as follows:

       58-3. Public boat launch permit; violation as a municipal civil infraction.

       No person shall launch a vessel at city launch ramp facilities without a permit from the
       city. Daily permits are valid for the 24-hour period of the date purchased and must be
       clearly displayed on the vehicle dashboard with date and permit number visible from
       outside the vehicle. Annual permits are valid for the calendar year in which it was
       purchased for the launching of vessels at city launch ramp facilities. The annual permit
       must be fully adhered to the vehicle windshield and completely visible from the outside
       of the vehicle used to launch the vessel.

       Vessels larger than thirty-feet, or those transported on a trailer with three or more axles,
       shall not use City of Muskegon launch ramp facilities. Pontoon boats are excluded.

       Private or for-profit businesses may launch commercial vessels from city launch ramp
       facilities with a commercial launching permit issued by the City of Muskegon. Each
       permit is valid for the calendar year in which it was purchased, for vessels up to thirty-
       feet in length, and transported on a trailer with one or two axles. Pontoon boats excluded.

       Permits are non-transferable and may not be re-sold, with the exception that permits will
       be transferable between vehicles owned by the permit purchaser for business purposes
       and must be visible from outside the vehicle. Violations of this section shall be a
       municipal civil infraction.

        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.




O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2018\082818\06D_K2_BOAT LAUNCH ORDINANCE
AMENDMENT.DOCX
This ordinance adopted:

       Ayes: __________________________________________________________________
       Nays: __________________________________________________________________


Adoption Date: ________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________




                                                                 CITY OF MUSKEGON


                                                              By __________________________
                                                                 Ann Marie Meisch, MMC
                                                                 City Clerk




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AMENDMENT.DOCX
                                         CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the _____ day of ______________, 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 an in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.


DATED: ____________, 2018


                                                     _________________________________
                                                     Ann Marie Meisch, MMC
                                                     Clerk, City of Muskegon

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




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AMENDMENT.DOCX
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED

        Please take notice that on _________________ ______, 2018, the City Commission of
the City of Muskegon amended Chapter 58, Article I by amending Sections 58-3.

         Section 58-3 has been amended to allow for the purchase of a 24-hour or annual permit to
         launch vessels at city launch ramp facilities. It is required that the permits be properly
         adhered to the windshield or dashboard of the vehicle for complete visibility.
         Additionally, vessels larger than thirty-feet, or vessels transported on a trailer with three
         or more axles, are prohibited from being launched at city launch ramp facilities, pontoon
         boats excluded. Transferring or selling permits between individuals, except for the
         transfer of permits between vehicles owned by the permit purchaser for business
         purposes, is prohibited.

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

         This ordinance amendment is effective ten (10) days from the date of this publication.

                                                                   CITY OF MUSKEGON


Published: _________________, 2018                             By: _____________________________
                                                                  Ann Marie Meisch, MMC, Its Clerk

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




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AMENDMENT.DOCX
MEMO
Date: August 22, 2018

To: Honorable Mayor & City Commission

From: City Manager

RE: NEW POSITION: ARENA DIRECTOR

SUMMARY OF REQUEST:

The Arena Director will be responsible for the overall management of the L.C. Walker Arena including
planning, developing, scheduling and marketing profitable programs of interest, providing leadership and
direction to all staff and building relationships/addressing needs with all different user groups of the Ice
Arena. The Director prepares contracts for the utilization of facilities and makes necessary arrangements
to prepare for events; plans and implements programs and events; directs the operational repairs of the
arena, ice plant, and ice surface; and orders necessary supplies and materials, and supervises support staff.
This position will report directly to the City Manager.

We are requesting that the City Commission authorize staff to open a new position for Arena Director.
The position was previously filled via a management contract. Staff feels the position would best meet
the Arena’s needs as a regular full time employee.

FINANCIAL IMPACT:


BUDGET ACTION REQUIRED:


STAFF RECOMMENDATION:

Authorize the City Manager to Hire and appoint an Arena Director as part of the city staff.
                                           CITY OF MUSKEGON
                                            JOB DESCRIPTION


                                          ARENA DIRECTOR

Supervised By:             City Manager
Supervises:                Supervisory responsibility


Position Summary:

Under the general direction of the City Manager, the Arena Director is responsible for the overall
management of the L.C. Walker Arena including planning, developing, scheduling and
marketing profitable programs of interest, providing leadership and direction to all staff and
building relationships/addressing needs with all different user groups of the Ice Arena. Prepares
contracts for the utilization of facilities and makes necessary arrangements to prepare for
events. Plans and implements programs and events. Directs the operational repairs of the
arena, ice plant, and ice surface. Orders necessary supplies and materials, and supervises
support staff.


Essential Job Functions:
An employee in this position may be called upon to do any or all of the following essential functions. These examples
do not include all of the duties which the employee may be expected to perform. To perform this job successfully, an
individual must be able to perform each essential function satisfactorily.

  1.     Oversees and coordinates all arena personnel, including hiring and training employees

  2.     Actively seeks renters for all areas of the building and promotes activities sponsored by
         the L.C. Walker Arena. Prepares contracts regarding the rental of the arena.

  3.     Oversee the financial management, marketing, daily ice operations and maintenance of
         mechanical equipment, and community relations for the L.C. Walker Arena.

  4.     Develop and maintain relationships with primary user groups including the USHL
         Lumberjacks, high school user groups, adult and youth hockey groups, figure skaters,
         and others. Be responsive to their requests.

  5.     Maintain the calendar of usage for individual areas of the venue including the USHL ice
         sheet, meeting rooms and general use areas. Schedule all of the regular user groups in
         a way that promotes the most harmony possible between the user groups while
         balancing the financial needs of the venue.

  6.     Manage the contractors responsible for maintaining the mechanical and/or operational
         infrastructure in the building. Respond to alarms and develop preventative maintenance
         programs to keep infrastructure running well into the future.

  7.     Ensure that the venue is clean and presentable at all times. Including maintenance and
         upkeep of all furniture, equipment, locker and meeting rooms, and general areas inside
         and outside of the venue. This includes supervision of outdoor maintenance including
         grass cutting and snow removal.
    8.   Prepare the annual budget, monthly and year-end reforecasting and other analytical
         spreadsheets as requested or needed. Works with Finance staff to budget and track
         revenues and expenditures. Keeps city staff updated on current and future capital
         needs.

Other Responsibilities:


    1.   Develop policy recommendations, changes in rental pricing and other programs for
         approval and implement same.

    2.   Ensure proper communication between venue staff and user groups through ongoing
         written and verbal reporting.

    3.   Responsible for the care and maintenance of the ice rink, including building ice surface,
         scribing, painting and resurfacing as needed.

    4.   Responsible for the cash operations in the venue including following proper vault, cash
         register and cash handling procedures.

    5.   Responsible for proper financial procedures in purchasing and deposits including filling
         out purchase orders and processing invoices with Finance.

    6.   Other duties as assigned.

Supervisory Responsibilities:

Directly supervise full time and part-time staff engaged in marketing, house programs,
maintaining the building and maintaining the ice sheets and mechanical systems. Carries out
supervisory responsibilities in accordance with Arena policies and applicable laws. Responsible
for interviewing, hiring and training employees; planning, assigning and directing work;
appraising performance, rewarding, disciplining in accordance with Human Resources/Civil
Service Rules, addressing complaints and resolving problems.

Qualifications:

To perform this job successfully, an individual must be able to perform each of the following
essential functions satisfactorily. The requirements listed are representative of the knowledge,
skills, and/or abilities required. A demonstrated ability to follow directions and complete
assigned tasks with a minimum amount of instruction and supervision is essential. Ability to
organize work flow and meet established deadlines. Work hours and schedule are generally
Monday-Friday 8:00 AM - 5:00 PM but can vary, and may include holidays, evenings and
weekends. This position requires skill in meeting and/or exceeding the expectations, being
articulate and well-developed communication skills and personal poise. This position requires
excellent teamwork skills, working cooperatively with others in the accomplishment of joint tasks
and common objectives. Contributes to a positive work environment, fosters collaboration and
provides a tangible contribution.

Education and/or Experience:
The requirements listed below are representative of the knowledge, skills, abilities and minimum qualifications
necessary to perform the essential functions of the position. Reasonable accommodations may be made to enable
individuals with disabilities to perform the job.

•        Bachelor degree from four-year College or University in business administration,
         marketing, communications, public relations, public administration, and 3 years related
Arena Director
08/2018
         experience, or 8 years experience in Ice Arena Management.

•        Knowledge of ice sheet maintenance and resurfacing preferred but not required

•        Minimum of one (1) year management experience and two (2) years of direct
         Supervisory experience.

•        Proficiency with MS Office programs, particularly Excel, required.

•        State of Michigan Vehicle Operator’s License, a satisfactory driving record, and the
         ability to maintain one throughout employment.

•        Progressively responsible experience in the operation and management of a convention
         and/or civic arena facility or equivalent.

•        Ability to read, analyze, and interpret general business periodicals, professional journals,
         job-related procedures and manuals, and government regulations. Ability to provide
         management and staff with concise, accurate guidelines regarding financial procedures.
         Ability to write professional correspondence, prepare business reports, and conduct
         professional presentations.

Physical Demands and Work Environment:
The physical demands and work environment characteristics described here are representative of those an employee
encounters while performing the essential duties of the job. Reasonable accommodations may be made to enable
individuals with disabilities to perform essential functions.

While performing the duties of this job, the employee is regularly required to reach with hands
and arms and talk and hear. The employee frequently is required to stand; walk; sit; and use
hands to finger, handle, or feel. The employee is occasionally required to climb or balance and
stoop, kneel, crouch, or crawl. The employee must regularly lift and/or move up to 25 pounds.
Specific vision abilities required by this job include close vision, distance vision, color vision, and
ability to adjust focus. The employee must be able to travel distances on foot quickly to attend
to a variety of needs while on site at the venue.

While performing the duties of this job, the employee is occasionally exposed to moving
mechanical parts; fumes or airborne particles; and outside weather conditions. The noise level
in the work environment is usually moderate. Work schedule includes hours in excess of 40
hours per week including evenings, weekends and holidays.




Arena Director
08/2018
COMMISSION MEETING DATE: August 28, 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 #: EN1804579 – 1967 Reynolds 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 1967 Reynolds
Street is unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Reynolds St between East
Holbrook Ave and the dead end 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 August 2, 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:     $16,800

Estimated cost to repair: $35,000

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

Enforcement # EN1804578
Property Address: 1967 REYNOLDS ST
Parcel # 24-796-003-0009-00

Date completed: July 23, 2018

DEFICENCIES:
  1. Siding is missing, not attached or damaged
  2. North west corner of home has major damaged from vehicle contact
  3. Stairway to upper apartment is rotted and must be replaced
  4. Many windows have rotted frames, sills, sashes and broken or missing glass
  5. House shingles are beginning to curl
  6. Soffits are rotted, have peeling or no paint
  7. Railing for upper porch is rotted and must be replaced
  8. Garage roof needs to be replaced. Several patches to not match the remaining shingles
  9. Garage service door is rotted and missing panel(s)
  10. Garage overhead door is missing
  11. Garage siding has peeling paint
  12. Garage windows are incorrectly boarded. Boards must be cut to match the opening and
      painted to the match the siding or trim
      Electrical service connected and gas meter has been removed at time of inspection
      NOTE: This depicts an exterior only inspection due to the dangerous condition of the
      interior

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.
PHOTOS of 1967 Reynolds Street
COMMISSION MEETING DATE: August 28, 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 #: EN1804579 – 1932 Reynolds 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 1932 Reynolds
Street is unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Reynolds St between East
Holbrook Ave and the dead end 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 August 2, 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:     $11,900

Estimated cost to repair: $21,000

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

Enforcement # EN1804579
Property Address: 1932 REYNOLDS ST
Parcel # 24-796-002-0019-00

Date completed: July 23, 2018

DEFICENCIES:
  1. Windows are rotted, missing, broken out or boarded over
  2. Window sills are rotted or missing and must be replaced
  3. Siding consists of vinyl and Masonite, siding missing, rotted or loose
  4. Front wood entry door is rotted and must be replaced
  5. Rear entry door is missing and currently boarded over
  6. Roofing shows signs of decay, missing shingles and loose shingles
  7. Soffits and fascia is missing, rotted or not attached
  8. Front Porch windows are boarded over, cracked or broken out
  9. Rear porch roof is rotted and showing signs of collapse
  10. Rear laundry “bump out” is rotted, missing siding and roof shingles
  11. Rear entry porch boards (plywood) are rotted
  12. Garage overhead door is rotted and off track
  13. Garage service door is missing and currently boarded over
  14. Garage roof needs to be replaced
  15. Garage siding is rotted or missing
  16. Garage soffits and fascia are rotted, have peeling or no paint
  17. Exterior mounted furnace is rotted and has been vandalized
      NOTE: This depicts an exterior only inspection. Due to the condition of the home, an
      interior inspection could not be completed

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.
PHOTOS of 1932 Reynolds Street
COMMISSION MEETING DATE: August 28, 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 #: EN1804580 – 1679 Park 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 1679 Park
Street is unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on Park St between West Dale Ave
and West Forest Ave in the Nelson Neighborhood. The structure is owned by the
Muskegon County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.

Staff Correspondence. On August 2, 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:     $14,600

Estimated cost to repair: $36,000

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


Enforcement # EN1804580
Property Address: 1679 PARK ST
Parcel # 24-205-438-0008-00

Date completed: July 24, 2018

DEFICENCIES:
  1. Roof covering have begun to curl, roofing must be replaced
  2. Front porch windows are broken out and boarded. Boarding must be cut to the window
     size and painted to match the trim or the home
  3. Front Entry steps must have a handrail
  4. Several windows for the home are broken out, missing and boarded. Boarding must be
     cut to the window sixe and painted to match the trim or the home
  5. Dryer venting cannot vent through window opening
  6. Dryer vent cover is missing
  7. Rear entry steps must have a handrail
  8. Gas service has been disconnected and the meter has been removed
     Note: This depicts an exterior only inspection. Unable to make entry to make entry into
     the home. Large sections of plaster had fallen in several rooms of the home


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.
PHOTOS of 1679 Park Street
COMMISSION MEETING DATE: August 28, 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 #: EN1803143 – 1303 6th Street


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 1303 6th Street is
unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on 6th Street Monroe Ave and
Merrill Ave in the Nelson Neighborhood. The structure is owned by the Muskegon
County Land Bank, 173 E. Apple Ave, Muskegon, MI 49442.

Staff Correspondence. On August 2, 2018 the HBA declared the structure
substandard, dangerous and a nuisance.
This property is was damaged by fire on May 31, 2018 was occupied by the previous
owner.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $15,800

Estimated cost to repair: $75,000

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

Owner COUNTY OF MUSKEGON TREASURER
     173 E APPLE AVE STE 104
     MUSKEGON, MI 49442

Enforcement # EN1803143
Property Address: 1303 6TH ST
Parcel # 24-205-376-0001-10

Date completed: June 6, 2018

DEFICENCIES:
  1. Exterior siding is fire damaged, rotted and several areas the siding has been
     removed to check for extension.
  2. Electrical service was removed during fire suppression activities. The electrical
     services (two) must be upgraded and replaced throughout the home.
  3. Gas service was removed during fire suppression activities. The gas service
     must be update and replaced.
  4. Windows: several windows were damaged or broken during fire suppression,
     these windows must be replaced. Several existing windows show signs of rot and
     peeling paint. These must be repaired or replaced.
  5. Entry doors that have been damaged by the fire must be replaced.
  6. Roof fascia and soffits are rotted or missing and must be replaced.
  7. Exterior entry lights are missing and must be replaced
     NOTE: This inspection depicts an exterior only inspection. Due to the heavy fire
     damaged, an interior inspection could not be completed.

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.
PHOTOS of 1303 6th Street
COMMISSION MEETING DATE: August 28, 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 #: EN1800427 – 1144 3rd Street


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 1144 3rd Street is
unsafe, substandard, a public nuisance and that it be demolished.

Location and ownership: This structure is located on 3rd Street between Monroe Ave
and Houston Ave in the Nelson Neighborhood. The structure is owned by the Alliance
Preferred Properties LLC, Brad Martell, 2752 Schindler Drive NW, Grand Rapids, MI
49544.

Staff Correspondence.
February 22, 2018, a complaint notice was sent, with no response
March 8, 2018, a “final notice” was sent. On March 13, 2018, Brad called and said he
was working with an investment group who had an interest in making the building into a
brew house. Brad said he was hoping to have an agreement by April 1st. No further
contact from Brad.
The notice & order was sent on June 5, 2018. A ten day notice was sent on June 20th
for the August 2, 2018 HBA hearing.
On August 2, 2018 the HBA declared the structure substandard, dangerous and a
nuisance. Owner did not attend the HBA hearing. All notices are sent First Class mail,
Certified mail and posted on the property in question.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $112,700 (for all structures & parcels)

Estimated cost to repair: $110,000

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

Contact with Owner:
On July 31, 2018, Brad called and said he would be demolishing the two-story building
himself. Brad requested a list of area demolition contractors.
                       DANGEROUS BUILDING INSPECTION REPORT


Owner ALLIANCE PREFERRED PROPERTIES LLC
     1144 3RD ST
     MUSKEGON, MI 49441

Enforcement # EN1800427
Property Address: 1144 3RD ST
Parcel # 24-205-365-0001-00

Date completed: November 9, 2017

DEFICENCIES:
  1. Roof has collapsed onto second floor
  2. Overhead service door have rotted or missing panels and peeling paint.
  3. Front entry door is boarded shut. All boarding for windows and doors must fit
      correctly into the opening and must be painted gray or white as described by
      code.
  4. Bricks on the backside of building are loose, missing and have peeling paint
  NOTE: This report depicts an exterior only inspection. A complete interior inspection
  of the building must be completed by the City of Muskegon Building Safety
  Department.


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.
PHOTO’s of 1144 3rd Street
                    Commission Meeting Date: May 23, 2017



Date:         August 23, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Rezoning request for 235, 239, 240, 250 & 254 Monroe Ave from
              R-3, High-Density Single-Family Residential to Form Based Code,
              Urban Residential


SUMMARY OF REQUEST:

Staff initiated request to rezone the properties to allow for more housing options. These
properties will be the location of the next phase of Midtown Square homes. The Urban
Residential zoning designation allows for rowhouses, which would fit in nicely between the
business district and the detached homes in the neighborhood.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezonings.

COMMITTEE RECOMMENDATION:

The initial request included the rezoning of several other parcels as well. A motion to rezone
       the properties at 235-254 Monroe Ave to Form Based Code, Urban Residential was
       approved 8-1, with one member absent. A separate motion to table the other rezoning
       requests was approved.




                                                                                            1
Planning Commission packet excerpt:

                                           STAFF REPORT
                                           August 16, 2018


       Hearing, Case 2018-26: Staff initiated request to rezone 372, 380, 388, 394, 398, 406, and
       414 Houston Ave; 1246, 1252 and 1258 5th St; 235, 239, 240, 250 and 254 Monroe Ave;
       and 1148 6th St from R-3, High Density Single Family Residential to Form Based Code,
       Urban Residential.

       SUMMARY
           1. Staff is proposing the following rezonings from dense single-family residential to
              urban residential to accommodate a few new projects. These locations are already
              located near multi-family homes and should fit in nicely with the existing
              neighborhood.
           2. Community EnCompass would like to build a new four-unit home on the vacant lot
              at 380 Houston Ave. This lot previously held a four-unit home before it was
              demolished. Half of this block is already zoned FBC, UR and hosts several large
              homes. This block could adequately support larger homes with the large alley and
              lots that could support multiple cars parking in the rear.
           3. Community EnCompass also owns two of the three lots at 1246-1258 5th St. The
              County owns the other parcel. They have proposed a five rowhouses on these
              parcels. This type of development fits these parcels well, as they are too small to
              accommodate multiple single-family homes. The only type of home that would fit
              on these lots would be a single ranch, which is not compatible with the
              neighborhood. Please see the rouwhouse rendering on the following pages.
           4. The City owns the lots at 235-254 Monroe Ave. There is currently an RFP out for
              this potential development and the City is encouraging dense single family homes,
              including rowhouses and cottage courtyard buildings. Although the multi-family
              zoning is not required for these projects, the FBC, UR designation will allow for
              these building types. Please see the renderings of possible building layouts on the
              following pages.
                                           1246 – 1258 5th St




                                                                                               2
           235 – 254 Monroe Ave




             380 Houston Ave




Existing Homes in Same Block as 380 Houston Ave




                                                  3
Zoning Map




             4
Aerial Map




             5
     Proposed Rowhouses at 1246-1258 5th St




Possible Cottage Court Homes at 235 – 254 Monroe




                                                   6
Possible Rowhouses at 235 – 254 Monroe




                                         7
                                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 235, 239,
         240, 250 and 254 Monroe Ave to Form Based Code, Urban Residential.

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 to Form Based Code, Urban Residential.


This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: __________________________
                                                         Ann Meisch, MMC
                                                         City Clerk




                                                                                            8
CERTIFICATE (Rezoning of 235, 239, 240, 250 and 254 Monroe Ave to Form Based Code, Urban
                                      Residential)

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 28th day of August, 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.




                                                                                                        9
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on August 28, 2018, the City Commission of the City of Muskegon adopted
an ordinance amending the zoning map to provide for the change of zoning for 235, 239, 240, 250
and 254 Monroe Ave to Form Based Code, Urban Residential.

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




                                                                                                                        10
BUILDING TYPE STANDARDS                                                                                                                      SECTION 2006


2006.07 SUMMARY OF BUILDING TYPES PERMITTED IN EACH CONTEXT AREA
                                                                                                           CONTEXT AREAS
                     BUILDING TYPE
                                                                                                          MSW         NC                NE              UR
                WITH FRONTAGE OPTION                                          DT
                                                                           DOWNTOWN
                                                                                            MS
                                                                                         MAINSTREET    MAINSTREET    NEIGHBORHOOD   NEIGHBORHOOD      URBAN
                                                                                                       WATERFRONT        CORE           EDGE        RESIDENTIAL

                                                  with STOREFRONT          By Right      By Right       By Right       By Right       By Right
                                                  with BALCONY             By Right      By Right       By Right       By Right       By Right
MIXED-USE
         BUILDING
           TYPE




                                                  with TERRACE            Conditional   Conditional    Conditional   Conditional    Conditional
                                                  with FORECOURT           By Right      By Right       By Right       By Right       By Right
                                                  with DRIVE-THROUGH                                                   By Right       By Right
                                                  with STOREFRONT                        By Right       By Right       By Right       By Right
         BUILDING
RETAIL

           TYPE




                                                  with TERRACE                          Conditional    Conditional   Conditional    Conditional
                                                  with DRIVE-THROUGH                                                   By Right       By Right
                                                  with STOREFRONT                        By Right       By Right       By Right       By Right
         BUILDING TYPE




                                                  with TERRACE                          Conditional    Conditional   Conditional    Conditional
FLEX




                                                  with FORECOURT                         By Right       By Right       By Right       By Right
                                                  with DOORYARD                          By Right       By Right       By Right       By Right
                                                  with STOREFRONT                                                      By Right       By Right
COTTAGE

                    BUILDING
 RETAIL




                                                  with DOORYARD                                                        By Right       By Right
                                                  with STOOP                                                           By Right       By Right
                                                  with STOREFRONT                        By Right       By Right       By Right       By Right
LIVE / WORK




                                                                                                                                                   At corner lots
         BUILDING




                                                  with DOORYARD                          By Right       By Right       By Right       By Right         only
           TYPE




                                                  with LIGHTWELL                         By Right       By Right       By Right       By Right
                                                                                                                                                   At corner lots
                                                  with STOOP                             By Right       By Right       By Right       By Right         only
                                                  with FORECOURT                         By Right       By Right       By Right
                    BUILDING TYPE BUILDING TYPE
MULTI-PLEX




                                                  with DOORYARD                          By Right       By Right       By Right
 LARGE




                                                  with STOOP                                                           By Right
                                                  with PROJECTING PORCH                                                By Right
MULTI-PLEX




                                                  with STOOP                                                           By Right       By Right       By Right
 SMALL




                                                  with PROJECTING PORCH                                                By Right       By Right       By Right
                                                  with ENGAGED PORCH                                                   By Right       By Right       By Right
ROWHOUSE




                                                  with LIGHTWELL                         By Right       By Right       By Right
         BUILDING
           TYPE




                                                  with STOOP                             By Right       By Right       By Right       By Right       By Right
                                                  with PROJECTING PORCH                                                By Right       By Right       By Right
                                                  with STOOP                                                                          By Right       By Right
         BUILDING
DUPLEX

           TYPE




                                                  with PROJECTING PORCH                                                               By Right       By Right
                                                  with ENGAGED PORCH                                                                  By Right       By Right
                    BUILDING TYPE
DETACHED




                                                  with STOOP                                                                          By Right       By Right
 HOUSE




                                                  with PROJECTING PORCH                                                               By Right       By Right
                                                  with ENGAGED PORCH                                                                  By Right       By Right
CARRIAGE HOUSE BUILDING TYPE                                                                                                          By Right       By Right
CIVIC BUILDING TYPE                                                        By Right      By Right       By Right       By Right       By Right       By Right
Shaded areas represent Building Types that are not permitted in specified Context Area.


    6.8                                                                                             DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
SECTION 2005                                                          CONTEXT AREAS AND USE
                                               2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
 1.0 CONTEXT AREA INTENT AND DESCRIPTION
INTENT
To provide a variety of urban housing choices, in small
to medium footprint, medium-density Building Types,
which reinforce the neighborhood’s walkable nature and
support small locally-owned neighborhood retail, service,
and commercial activity.

DESCRIPTION
This Context Area is characterized by a wide variety of
residential buildings types that have a range of setback
conditions within a compact walkable block structure.
Small retail enterprises may occur at strategic corner
locations within live / work buildings. This Context Area is
typically adjacent to single family residential districts.

The following are generally appropriate form elements in
this Context Area:
        A. Attached and detached residential buildings
        B. Medium to small building footprint
        C. Varied front setbacks
        D. Medium side setbacks
        E. Primarily stoops and porch frontages




 2.0 CONTEXT AREA LOCATION




 CITY OF MUSKEGON DOWNTOWN FORM BASED CODE                                            5.37
CONTEXT AREAS AND USE                                                                                                                                         SECTION 2005
2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
    3.0 PERMITTED BUILDING TYPES, BUILDING TYPE HEIGHTS, AND BUILDING TYPE LOT SIZES

                     BUILDING TYPE                                                            URBAN RESIDENTIAL (UR) CONTEXT AREA
                                                                          PERMITTED IN
                WITH FRONTAGE OPTION                                      CONTEXT AREA
                                                                                              BUILDING HEIGHT                               BUILDING LOT SIZE

                                                  with STOREFRONT
                                                  with BALCONY
MIXED-USE
         BUILDING
           TYPE




                                                  with TERRACE
                                                  with FORECOURT
                                                  with DRIVE-THROUGH
                                                  with STOREFRONT
         BUILDING
RETAIL

           TYPE




                                                  with TERRACE
                                                  with DRIVE-THROUGH
                                                  with STOREFRONT
         BUILDING TYPE




                                                  with TERRACE
FLEX




                                                  with FORECOURT
                                                  with DOORYARD
                                                  with STOREFRONT
COTTAGE

                    BUILDING
 RETAIL




                                                  with DOORYARD
                                                  with STOOP
                                                  with STOREFRONT
LIVE / WORK
         BUILDING




                                                  with DOORYARD           Conditional*   2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
           TYPE




                                                  with LIGHTWELL
                                                  with STOOP              Conditional*   2 story building required Lot Width: 18’ min. / 35’ max. Lot Depth: 80’ min.
                                                  with FORECOURT
                    BUILDING TYPE BUILDING TYPE
MULTI-PLEX




                                                  with DOORYARD
 LARGE




                                                  with STOOP
                                                  with PROJECTING PORCH
MULTI-PLEX




                                                  with STOOP                By Right     3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
 SMALL




                                                  with PROJECTING PORCH     By Right     3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
                                                  with ENGAGED PORCH        By Right     3 story max. / 2 story min. Lot Width: 50’ min. / 80’ max. Lot Depth: 100’ min.
ROWHOUSE




                                                  with LIGHTWELL
         BUILDING
           TYPE




                                                  with STOOP                By Right     2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
                                                  with PROJECTING PORCH     By Right     2 story building required Lot Width: 18’ min. / 30’ max. Lot Depth: 100’ min.
                                                  with STOOP                By Right     2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
         BUILDING
DUPLEX

           TYPE




                                                  with PROJECTING PORCH     By Right     2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
                                                  with ENGAGED PORCH        By Right     2 story building required Lot Width: 40’ min. / 60’ max. Lot Depth: 100’ min.
                    BUILDING TYPE
DETACHED




                                                  with STOOP                By Right     2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
 HOUSE




                                                  with PROJECTING PORCH     By Right     2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
                                                  with ENGAGED PORCH        By Right     2 story max. / 1 story min. Lot Width: 30’ min. / 60’ max. Lot Depth: 100’ min.
                                                                                                                      Not Applicable - Carriage House Building Type must be used as an
CARRIAGE HOUSE BUILDING TYPE                                                By Right     2 story building required    accessory building to another building type (refer to Section 2006)

CIVIC BUILDING TYPE                                                         By Right     3 story max. / 2 story min. Lot Width: 25’ min. / 150’ max. Lot Depth: 100’ min.
Shaded areas represent Building Types and / or frontages that are not permitted in specified Context Area.
* Refer to the Building Type with specific frontage option in Section 2006 for buildings and frontages labeled as Conditional.

    5.38                                                                                          DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
SECTION 2005                                                                                                    CONTEXT AREAS AND USE
                                                 2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
 4.0 BUILDING SITE PLACEMENT
Refer to Illustration 5.12 for building site placement.        ILLUSTRATION 5.12 BUILDING SITE PLACEMENT
        A. Front Build-to-Zone (at front street):
                ■ Required build-to-zone from 12 to 30 feet
                                                                          C                                                                               B
                   from front property line.
                                                               REAR PROPERTY
              ■ Live / Work Building Types in this Context     LINE
                Area shall have a required build-to-zone                                                                                                                        D
                from 5 to 20 feet from front property line.

       B. Side Build-to-Zone (at side street):
             ■ Required build-to-zone from 10 to 25 feet
               from side property line.




                                                                                 SIDE PROPERTY LINE
              ■ Live / Work Building Types in this Context
                Area shall have a required build-to-zone                                                       BUILDING                                                         E
                from 5 to 20 feet from side property line.                                                    FOOTPRINT




                                                                                                                                                          SIDE STREET
                                                                                                                                     SIDE PROPERTY LINE
       C. Side Setback (at non-street locations):
             ■ 6 feet from side property line.

       D. Rear Setback:
            ■ 15 feet from rear property line.                 FRONT PROPERTY
                                                               LINE

       E. Encroachments: Balconies, awnings, canopies,
          eaves, cornices, and bay windows, may project                                                        FRONT STREET
          into required setbacks, beyond required build-
          to-zones, or into the public right-of-way as                                                A
          indicated in Section 2003.02.




 5.0 PARKING PLACEMENT
Refer to Illustration 5.13 for on-site parking placement.      ILLUSTRATION 5.13 PARKING PLACEMENT
        A. Front Setback:
                ■ 40 feet minimum from front property line.
                                                                          C                                                                                                 D
       B. Side Setback (from side street):                     REAR PROPERTY
             ■ 10 feet minimum from side property line.        LINE

       C. Side Setback (from non-street locations):                                                               E
             ■ 1 foot from side property line.
                                                                                                                                                            F
       D. Rear Setback:                                        ON-SITE PARKING
            ■ 5 feet from rear property line at non-street     PERMITTED IN
                                                               HATCHED AREA
               locations.
                                                                                                                  B
            ■ 10 feet from rear property line at street
               locations.
                                                                                 SIDE PROPERTY LINE




                                                                                                                          E                                                     H
       E. Parking located at side or rear street locations
          shall be screened from the street as required by
          Section 2008.14.
                                                                                                                              SIDE PROPERTY



                                                                                                                                                          SIDE STREET




                                                                                                                                                                        A
                                                                                                                                   LINE




       F. Parking / service areas shall not be accessed
          from front streets, unless an alley or side street   FRONT PROPERTY
          is not available for driveway placement.             LINE
          Maximum width of driveway is 20 feet.
                                                                                                                  FRONT STREET
       G. Driveway access location:                                                                       F
             ■ Corner lot: 40 feet minimum from street
               corner.
             ■ Interior lot: within 5 feet of side property
               line, when alley is not available.



 CITY OF MUSKEGON DOWNTOWN FORM BASED CODE                                                                                                                                  5.39
CONTEXT AREAS AND USE                                                                                                                                                                                                   SECTION 2005
2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
 6.0 PERMITTED USES

                                         URBAN RESIDENTIAL (UR) CONTEXT AREA PERMITTED USES




                                                                                                                                                                                                                               DETACHED HOUSE


                                                                                                                                                                                                                                                CARRIAGE HOUSE
                                                                                                                                                         LARGE MULTI-PLEX


                                                                                                                                                                            SMALL MULTI-PLEX
                                                                                                                        COTTAGE RETAIL
                                                                        BUILDING TYPE


                                                                                        BUILDING TYPE


                                                                                                        BUILDING TYPE


                                                                                                                        BUILDING TYPE


                                                                                                                                         BUILDING TYPE


                                                                                                                                                         BUILDING TYPE


                                                                                                                                                                            BUILDING TYPE


                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                                                                BUILDING TYPE


                                                                                                                                                                                                                                                                 BUILDING TYPE
                                                                                                                                         LIVE / WORK




                                                                                                                                                                                               ROWHOUSE
                                                                        MIXED USE
                           Specif c Use




                                                                                                                                                                                                               DUPLEX
                                                                                        RETAIL




                                                                                                                                                                                                                                                                 CIVIC
                                                                                                        FLEX
Accessory buildings and uses                                                                                                                 P                                   P                 P                P               P                P

Amusement and recreation facility

Auto service station

Bank

Business school/private or public school/higher ed.

Church

Club, lodge, hall

Gallery/museum                                                                                                                               P                                                                                                                       P

Hotel/motel

Indoor theater/live music concert hall

Light manufacturing

Machine shop

Micro brewery, distillery, winery under 2500 barrels

Micro brewery, distillery, winery over 2500 barrels

Multi-family                                                                                                                                                                     P

Office                                                                                                                                        P

Outdoor recreation

Outdoor theater

Parking structure

Personal service                                                                                                                             P

Railway terminal

Research and development

Restaurant, cocktail lounge, brewpub

Retail                                                                                                                                       P

Shipping, port related activity

P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.




 5.40                                                                                   DOWNTOWN FORM BASED CODE CITY OF MUSKEGON
SECTION 2005                                                                                                                                                            CONTEXT AREAS AND USE
                                                              2005.10 URBAN RESIDENTIAL (UR) CONTEXT AREA
 6.0 PERMITTED USES (continued)

                                         URBAN RESIDENTIAL (UR) CONTEXT AREA PERMITTED USES




                                                                                                                                                                                                                               DETACHED HOUSE


                                                                                                                                                                                                                                                CARRIAGE HOUSE
                                                                                                                                                         LARGE MULTI-PLEX


                                                                                                                                                                            SMALL MULTI-PLEX
                                                                                                                        COTTAGE RETAIL
                                                                        BUILDING TYPE


                                                                                        BUILDING TYPE


                                                                                                        BUILDING TYPE


                                                                                                                        BUILDING TYPE


                                                                                                                                         BUILDING TYPE


                                                                                                                                                         BUILDING TYPE


                                                                                                                                                                            BUILDING TYPE


                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                                               BUILDING TYPE


                                                                                                                                                                                                                                                BUILDING TYPE


                                                                                                                                                                                                                                                                 BUILDING TYPE
                                                                                                                                         LIVE / WORK




                                                                                                                                                                                               ROWHOUSE
                                                                        MIXED USE
                           Specif c Use




                                                                                                                                                                                                               DUPLEX
                                                                                        RETAIL




                                                                                                                                                                                                                                                                 CIVIC
                                                                                                        FLEX
Shared/Co-op housing                                                                                                                                                             P

Single-family residential                                                                                                                    P                                                     P                                P               P*

Taxi/limo service                                                                                                                            P
Two-family residential                                                                                                                       P                                                                     P

Uses similar to permitted uses                                                                                                               P                                   P                 P               P                P                 P

Uses similar to special uses                                                                                                                 P                                   P                 P               P                P                P
Veterinary and kennel

Warehousing

Wind turbine




P = Permitted Use
P* = Permitted Use on floors two and above
P# = Permitted Use on first floor only
S = Special Land Use (refer to Section 2002.02)
Active uses per the Context Area Map (2005.02) include retail, restaurant/cocktail lounge/brewpub, personal service, and micro brewery/distillery/winery.
Blank cell = Use not permitted in this Context Area
Shaded areas represent Building Types that are not permitted in this Context Area.



 CITY OF MUSKEGON DOWNTOWN FORM BASED CODE                                                                                                                                                                                                               5.41

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