City Commission Packet 05-27-2003

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             CITY OF MUSKEGON
             CITY COMMISSION MEETING
                             MAY 27, 2003
         CITY COMMISSION CHAMBERS@ 5:30 P.M.


                                   AGENDA

ROLL CALL:
CONSENT AGENDA:
             a. Approval of Minutes. CITY CLERK
             b. FIRST READING: Vehicles for Hire Ordinance Amendment.          CITY
                CLERK
             c. Annual Taxicab License Renewal. CITY CLERK
             d. Refuse Cart Purchase 2003. PUBLIC WORKS
             e. Approval of Agreement with the West Michigan Criminal Justice
                Training Consortium. POLICE DEPARTMENT
             f.   Use of Old City Logo. LEISURE SERVICES
             g. Sale of North 20' of Buildable Lot on Hoyt Street.    PLANNING &
                ECONOMIC DEVELOPMENT
             h. Partial Termination of Lease Agreement - Nelson Park. Parcel B.
                PLANNING & ECONOMIC DEVELOPMENT
             i.   FIRST READING: Rezoning Request for Property Located at 1750 and
                  1752 Seventh Street. PLANNING & ECONOMIC DEVELOPMENT
             j.   FIRST READING: Rezoning Request for Property Located at 986 E.
                  Keating Avenue. PLANNING & ECONOMIC DEVELOPMENT
             k. FIRST READING: Rezoning Request for Property Located at the SW
                Corner of Division Street & Western Avenue.       PLANNING &
                ECONOMIC DEVELOPMENT
             I.   Request for Preliminary Planned Unit Development Approval for the
                  SW Corner of Division Street and Western Avenue. PLANNING &
                  ECONOMIC DEVELOPMENT
             m. Request for Final Planned unit Development Approval for Phase I of
                the Proposed Development at the SW Corner of Division Street and
                Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
             n. Request for Amendment to Planned Unit Development for Edison
                Landing (Smartzone). PLANNING & ECONOMIC DEVELOPMENT
                o. MML - Annual Membership Dues (7 /1 /03-6/30/04}. CITY MANAGER
PUBLIC HEARINGS:
                a. Request for the Establishment of an Industrial Development District
                   - Graphics Unlimited. PLANNING & ECONOMIC DEVELOPMENT
                b. Amendment to Brownfield Plan - Verplank Dock Co. PLANNING &
                   ECONOMIC DEVELOPMENT
NEW BUSINESS:
                a. FIRST READING: Rezoning Request for Various Properties to the 'MC'
                   Medical Care Zoning District. PLANNING & ECONOMIC SECOND
                   READING REQUIRED.
Date:      May 27, 2003
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, May 12, 2003; and the Regular
Commission Meeting that was held on Tuesday, May 13, 2003.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
                CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                               MAY 27, 2003
            CITY    COMMISSION           CHAMBERS@            5:30    P.M.


                                      MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, May 27, 2003.
   Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which
members of the City Commission and members of the public joined in reciting the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
•   Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
    Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
    Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-43   CONSENT AGENDA:
                a. Approval of Minutes. CITY CLERK
    SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession held on
    Monday, May 12, 2003, and the Regular Commission Meeting held on Tuesday, May 13,
    2003.
    FINANCIAL IMPACT: None
    BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Approval of the minutes.
                b. FIRST READING: Vehicles for Hire Ordinance Amendment.            CITY
                   CLERK
    SUMMARY OF REQUEST: This request is to amend the insurance requirement from
    $1,000,000.00 coverage to $100,000.00 for injury to or death of, one person, and
    $300,000.00 for injury to, or death of, more than one person resulting from a single
    accident, and $100,000.00 for damage to property, including personal belongings or
    baggage of passengers, as a result of one accident.
    FINANCIAL IMPACT: None
    BUDGET ACTION REQUIRED: None
    STAFF RECOMMENDATION: Approval of the ordinance amendment.
                c. Annual Taxicab License Renewal. CITY CLERK
    SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield
    Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Mi. Mr. Wakefield
    is requesting approval of a license to operate 10 taxicabs for both Port City Cab
Company and Yellow Cab Company. The Muskegon Police Department has inspected the
taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of 10 taxicabs.
             d. Refuse Cart Purchase 2003. PUBLIC WORKS
SUMMARY OF REQUEST: To authorize the purchase of 525 carts from Toter Incorporated
for use as replacements as needed. This purchase would restock our inventory of
replacements we keep on hand for damage carts. We are requesting approval for
placing the order now with delivery anticipated four to six weeks. Currently the
sanitation Department has 65 carts in stock.
FINANCIAL IMPACT: Unit cost per cart $42.00 (525 per truckload) = $22,050.
BUDGET ACTION REQUIRED: This purchase to be charged to the 2003 Sanitation Budget.
Account #101-60523-5700 (capital outlay: equipment)
STAFF RECOMMENDATION: Staff recommends approval of the purchase.
             e. Approval of Agreement with the West Michigan Criminal Justice
                Training Consortium. POLICE DEPARTMENT
SUMMARY OF REQUEST: Police Department staff request that the Commission approve
an agreement between the City of Muskegon and Grand Valley State University (GVSU)
whereby GVSU will provide training for the Muskegon Police Department through as
entity known as "The West Michigan Criminal Justice Training Consortium".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
            f. Use of Old City Logo. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize staff to send a letter to allow Steve Sulley to use
the old City logo for use with the Women's Baseball Anniversary.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
            i. FIRST READING: Rezoning Request for Property Located at 1750 and
               1752 Seventh Street. PLANNING Et ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Keene Lumber Co.,
located 1750 and 1752 Seventh St., from R-1, Single-Family Residential to B-4, General
Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at the 5/15 meeting. The vote was unanimous.
             j. FIRST READING: Rezoning Request for Property Located at 986 E.
                Keating Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Robert Edward Hickel,
located at 986 E. Keating Ave., from B-4, General Business to R-1, Single-Family
Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 5/ 15 meeting. The vote was unanimous.
             k. FIRST READING: Rezoning Request for Property Located at the SW
                Corner of Division Street & Western Avenue. PLANNING & ECONOMIC
                DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by P&G Holdings located at
the SW corner of Division St. and Western Ave. (former Shaw-Walker complex), along
with an associated parking lot across Division St., from 1-2 General Industrial to 1-1,
Light Industrial.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 5/15 meeting. The vote was unanimous.
             1. Request for Preliminary Planned Unit Development Approval for the
                SW Corner of Division Street and Western Avenue. PLANNING &
                ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development approval of
the former Shaw Walker property, for a mixed-use commercial and residential
development, in five phases. The request is from P&G Holdings.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the PUD provided
that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended preliminary
approval of the PUD, with the conditions listed on the resolution, at the 5/15 meeting.
The vote was unanimous.
             m. Request for Final Planned unit Development Approval for Phase I of
                the Proposed Development at the SW Corner of Division Street and
                Western Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase I of the Planned Unit
Development and associated site, and landscape plans for the former Shaw Walker
complex at Division St. and Western Ave., for a mixed-use commercial and residential
development. The request is from P&G Holdings.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends final PUD approval for Phase I and
  approval of the associated plans provided that the conditions listed in the resolution are
  met.
  COMMITTEE RECOMMENDATION: The Planning Commission recommended final approval
  of Phase I of the PUD and associated plans, with the conditions listed on the resolution,
  at their regular meeting on 5/15. The vote was unanimous.
               n. Request for Amendment to Planned Unit Development for Edison
                  Landing (Smartzone). PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Request to amend the Planned Unit Development for Edison
  Landing (Smartzone), to change the locations and scale of various proposed buildings
  and to change use mix and quantity.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff recommends approval of the request, with the
  conditions outlined in the resolution.
  COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
  request at their 5/15 meeting. The vote was unanimous.
               o. MML - Annual Membership Dues (7/1/03-6/30/04). CITY MANAGER
  SUMMARY OF REQUEST: To obtain permission from the City Commission, in accordance
  with the purchasing Policies and Procedures, to pay MML Annual Membership Dues for
  July 1, 2003, through June 30, 2004.
  FINANCIAL IMPACT:
  MML Membership Dues:                $ 8,689
  Environmental Affairs Assessment:   $ 1,043
  Legal Defense Fund Membership:      $    869
                      Total Dues:     S10.601
  BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
  STAFF RECOMMENDATION: Approval
  Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
  Consent Agenda, minus items h and g.
  ROLL VOTE: Ayes: Schweifler, Shepherd,         Spataro, Warmington,      Buie,   Gawron,
             Larson
               Nay: None
  MOTION PASSED
2003-44    ITEMS REMOVED FROM CONSENT AGENDA
               g. Sale of North 20' of Buildable Lot on Hoyt Street.          PLANNING &
                  ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To approve the sale of portion of a vacant buildable lot
described as Terrace Street Addition, North 20 feet of Lot 20, Block 3 (portion of 1938
Hoyt Street) to Lawrence and Ruby Burt, 1916 Hoyt Street, Muskegon, Ml 49442.
Community and Neighborhood Services owns 1938 Hoyt and is willing to sell the North
20' of it to the adjacent property owner. Approval of this sale will allow the adjacent
property owner to expand their current yard. As is required by City policy, the subject
parcel is being offered for $100 to Lawrence and Ruby Burt.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize both the Mayor and
the Clerk to sign the resolution and QuitClaim Deed.
Motion by Commissioner Schweifler, second by Commissioner Spataro to approve the
sale of a portion of a City owned buildable lot, at 1938 Hoyt St. to Lawrence and
Rube Burt of 1916 Hoyt, Muskegon and to have the Mayor and Clerk sign the
Resolution and QuitClaim Deed.
ROLL VOTE: Ayes: Shepherd,         Spataro,   Warmington,     Buie,   Gawron,    Larson,
           Schweifler
             Nays: None
MOTION PASSED
             h. Partial Termination of Lease Agreement - Nelson Park, Parcel B.
                PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 1994, the City of Muskegon and the Roman Catholic Diocese
of Grand Rapids, entered into a lease for property in the vicinity of the former St.
Joseph's Church. The City developed a neighborhood park on Parcel A. Parcel B was
also included in the lease. The intention for this parcel was to be used for additional
parking for the park. This parking area was never developed, and is not needed at this
time.    Meanwhile, St. Joseph's Church has been demolished and the Diocese is
proposing to sell the property in its entirety, including Parcel B. Since the City has no
need for this parcel, staff is proposing that the City terminate the lease for Parcel B.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the "Partial Termination of Lease Agreement"
and authorize the Mayor and Clerk to sign the document.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
"Partial Termination of Lease Agreement" for Parcel B with the Roman Catholic
Diocese and authorize the Mayor and Clerk to sign the document.
ROLL VOTE: Ayes: Spataro,       Warmington,     Buie,   Gawron,    Larson,   Schweifler,
           Shepherd.
             Nays: None
MOTION PASSED
2003-45   PUBLIC HEARINGS:
               a. Request for the Establishment of an Industrial Development District -
                  Graphics Unlimited. PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Graphics
  Unlimited, 2304 Olthoff Drive, Muskegon, Ml has requested the establishment of an
  Industrial Development District for property located at 2304 Olthoff Drive, Muskegon,
  Ml.
  FINANCIAL IMPACT: None until an Industrial Facilities Exemption Certificate is issued.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
  Development District for Graphics Unlimited.
  The Public Hearing opened at 5:46pm to hear any comments from the public.                No
  comments were heard.
  Motion by Commissioner Schweifler, second by Commissioner Shepherd to close the
  Public Hearing at 5:51 pm and to approve the Resolution establishing the Industrial
  Development District for Graphics Unlimited.
  ROLL VOTE: Ayes: Warmington,        Buie,   Gawron,   Larson,   Schweifler,    Shepherd,
             Spataro
               Nays: None
  MOTION PASSED
               b. Amendment to Brownfield Plan - Verplank Dock Co.              PLANNING &
                  ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving
  and adopting an amendment for the Brownfield Plan. The amendment is for the
  inclusion of property owned by Verplank Dock Co., located at 205 E. Western Avenue, in
  the Brownfield Plan.
  FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan
  amendment, although the expansion of the current Verplank Dock Co. to the new site
  will add to the tax base of the City of Muskegon.
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: To hold the public hearing and approve the resolution and
  authorize the Mayor and Clerk to sign the resolution.
  COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing
  for May 27, 2003 at their April 22, 2003 meeting. Since that time, a notice of the public
  hearing has been sent to taxing jurisdictions, and it has been published twice in the
  Muskegon Chronicle. The Brownfield Redevelopment Authority approved the Plan
  amendment on April 15, 2003 and further recommends that the Muskegon City
  Commission approve the Plan amendment.
  The Public Hearing was opened at 5:53pm to hear comments from the public.
  Comments were heard from Joe Burns from Verplank Dock Co.
  Motion by Commissioner Spataro, second by Commissioner Buie to approve the
  Resolution approving and adopting an amendment for the Brownfield Plan and have
  the Mayor and Clerk to sign the resolution.
  ROLL VOTE: Ayes: Buie, Gawron, Schweifler, Shepherd, Spataro
               Nays: Larson, Warmington
  MOTION PASSED
2003-46 NEW BUSINESS:
               a. FIRST READING: Rezoning Request for Various Properties to the 'MC'
                  Medical Care Zoning District. PLANNING &. ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Request to rezone many of the properties located on or near
  the three hospital campuses within the City from various zoning designations to the new
  "MC" Medical Care Zoning District.
  FINANCIAL IMPACT: None
  BUDGET ACTION REQUIRED: None
  STAFF RECOMMENDATION: Staff originally proposed a larger area for rezoning around
  the Hackley Hospital area, which included the block bounded by Larch, Leahy, Laketon
  and Hoyt, the block bounded by Larch, Clinton, Laketon and Peck, and several
  properties south of Laketon Ave.
  COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
  request at their 5/15 meeting, with several changes. They voted to approve the
  properties on or near the Hackley Hospital campus as proposed by staff, with the
  exception of all properties currently zoned R-1 (block bounded by Larch, Leahy,
  Laketon and Hoyt, and properties south of Laketon Ave.). That motion passed, with T.
  Harryman and T. Michalski voting nay. They voted then to exclude all properties from
  the block bounded by Larch, Clinton, Laketon and Peck which are not owned by Hackley
  Hospital. That motion passed with B. Mazade, L. Spataro and P. Sartorius voting nay.
  They voted to approve the properties on or near the Mercy-General Health Partners
  Sherman Campus as proposed by staff, with the exception of Dr. Kakaty's office at 2525
  Roberts. That motion passed unanimously. They voted to approve the properties on or
  near the Mercy-General Health Partners Oak Campus as proposed by staff. That motion
  passed unanimously.
  Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
  ordinance to amend the zoning map of the City to provide for zoning changes for
  certain properties on or near the three hospital campuses within the City to the new
  'MC' Medical Care District.
  ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie
               Nays: None
               Excused: Shepherd
  MOTION PASSED
  SECOND READING REQUIRED.
  Motion by Commissioner Schweifler, second by Commissioner Spataro to go into
  Closed Session at 6:58pm.
  ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron
              Nays: None
              Excused: Shepherd
MOTION PASSED
Motion by Commissioner Spataro, second by Commissioner Gawron to go to Open
Session at 7:44pm.
ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson
            Nays: None
            Excused: Shepherd
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:45pm.
                                         Respectfully submitted,




                                         Gail Kundinger, MMC
Date:       May 27, 2003
To:         Honorable Mayor and City Commissioners
From:       Gail A. Kundinger, City Clerk
RE:         Vehicles For Hire Ordinance Amendment


SUMMARY OF REQUEST: This request is to amend the insurance
requirement from $1,000,000.00 coverage to $100,000.00 for injury to,
or death of, one person, and $300,000.00 for injury to, or death of, more
than one person resulting from a single accident, and $100,000.00 for
damage to property, including personal belongings or baggage of
passengers, as a result of one accident.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the ordinance amendment.
            Cutf'enf
            Sec. 102-60. Applicant's insurance.
            (a)     No license shall be issued under this division until the applicant obtains and files
                    with the city clerk a policy of liability insurance, issued by an insurance company
                    authorized to do business in the state, for each taxicab to be licensed.
            (b)     Such policy of insurance shall insure the applicant against liability for personal
                    injury to any passenger or to any member of the general public, or any damage
                    to property, resulting from an accident in which such taii:icab may be involved

                    ------•--- ---------------'---'--                              -------~·
                    through the recklessness or negligence of its driver, operator or owner.
                      Such policy shall provide minimum insurance protection for each taxicab in the



       C
                      amount of $1,000,000.00 for injury to, or death of, one person, for injury to, or
                      death of, more than one person resulting from a single accident, and for damage
                      to property, including personal belongings or baggage of passengers, as a result
                      of one accident.
                  ···~~--       - - - - ~-~-~"'·"-~-     .·. .


            (d)       Suchpolicy of insurance shall provide for continuing liability thereunder to the full
                      amount thereof, notwithstanding any recovery thereon, and that the insolvency or
                      bankruptcy of the insured shall not release the insurance company.
            (e)     Such policy shall further provide that it shall not be cancelled, surrendered or
                    revoked by either party except after ten days' written notice to the city furnished
                    by the insurance company issuing such policy. The cancellation, surrender or
                    other termination of any insurance policy issued and filed in compliance with this
                    section shall automatically terminate the license of any licensee covered by such
                    insurance policy, unless another policy complying with this section shall be in
                    effect and deposited with the city at the time of such cancellation or termination.
            (f)     No license shall be issued, until the policy of insurance has been found, by the
                    city attorney, to comply with the terms of this section and has been approved by
                    the city commission.
            (Code 1975, § 23-42)


       !)                          '
   [ urrenf                 ,f'egu1reme/?fs
             Sec. 102-163.       lns_urance~-
                  -- ----------------

   /                   No horse-drawn vehicle may be operated in the city unless it has issued,
            applicable to it, a liability insurance policy, issued by an insurance company approved by
            the city, naming the city as an additional insured. In the event of cancellation of such
            policy or reduction in coverage, the owner's license shall be automatically canceled. The
            insurance shall carry liability limits of at least $1,000,000.00 for bodily injury or death of
            any person in any one accident, and $1,000,000.00 for injury or destruction of property
            of others in any one accident. Such policy of insurance may be in the form of a separate
            policy for each horse-drawn vehicle or in the form of a fleet policy covering all horse-
           drawn vehicles owned or controlled by the same owner, provided that such limits shall
           apply separately to each horse-drawn vehicle. No policy may be canceled or coverage
           or liability limits reduced or altered until the expiration of 30 days after notice of intent to
           cancel has been served in writing to the city clerk by mail or by personal delivery from
-----~~t,--h_e__ ~-~_fer._______________ ____ ___ ___________    ___ ___________ ____                '
            (Gode 1975, § 23-72)
                                CITY OF MUSKEGON
                            MUSKEGON COUNTY, MICHIGAN
                               ORDINANCE -2103
                                            ---


An ordinance amending Section 102-60 and 102-163 of the Code of the City of
Muskegon concerning insurance coverage for vehicles for hire.

TAXICABS

Sec. 102-60. Applicant's insurance.
(a)     No license shall be issued under this division until the applicant obtains and files
        with the city clerk a policy of liability insurance, issued by an insurance company
        authorized to do business in the state, for each taxicab to be licensed.
(b)     Such policy of insurance shall insure the applicant against liability for personal
        injury to any passenger or to any member of the general public, or any damage
        to property, resulting from an accident in which such taxicab may be involved
        through the recklessness or negligence of its driver, operator or owner.
(c)     Such policy shall provide minimum insurance protection for each taxicab in the
        amount of $100,000.00 for injury to, or death of, one person, and $300,000.00 for
        injury to, or death of, more than one person resulting from a single accident, and
        $100,000.00 for damage to property, including personal belongings or baggage
        of passengers, as a result of one accident.
(d)     Such policy of insurance shall provide for continuing liability thereunder to the full
        amount thereof, notwithstanding any recovery thereon, and that the insolvency or
        bankruptcy of the insured shall not release the insurance company.
(e)    Such policy shall further provide that it shall not be cancelled, surrendered or
       revoked by either party except after ten days' written notice to the city furnished
       by the insurance company issuing such policy. The cancellation, surrender or
       other termination of any insurance policy issued and filed in compliance with this
       section shall automatically terminate the license of any licensee covered by such
       insurance policy, unless another policy complying with this section shall be in
       effect and deposited with the city at the time of such cancellation or termination.
(f)    No license shall be issued, until the policy of insurance has been found, by the
       city attorney, to comply with the terms of this section and has been approved by
       the city commission.


HORSE-DRAWN VEHICLES

Sec. 102-163. Insurance.
        No horse-drawn vehicle may be operated in the city unless it has issued,
applicable to it, a liability insurance policy, issued by an insurance company approved by
the city, naming the city as an additional insured. In the event of cancellation of such
policy or reduction in coverage, the owner's license shall be automatically canceled. Tl1e
insurance shall carry liability limits of at least $100,000.00 for bodily injury or death of
one person, and $300,000.00 for bodily injury or death of more than one person resulting
from a single accident, and $100,000.00 for destruction of property of others in any one
accident. Such policy of insurance may be in the form of a separate policy for each
horse-drawn vehicle or in the form of a fleet policy covering all horse-drawn vehicles
owned or controlled by the same owner, provided that such limits shall apply separately
to each horse-drawn vehicle. No policy may be canceled or coverage or liability limits
reduced or altered until the expiration of 30 days after notice of intent to cancel has been
served in writing to the city clerk by mail or by personal delivery, from the insurer.

This ordinance adopted:
       Ayes: 7


       Nays:     o


Adoption Date: rMay 27, 2003
Effective Date:      June 1 7, 2003
First Reading:       May 27,   2003

Second Reading:


                                             City of Muskegon




                                             By    JjAJ-Q~~ ~
                                                     Gail A. Kundinger, MMC,Gltylerk




                               CERTIFICATION
This ordinance was adopted at a regular meeting of the City Commission, held on May
27, 2003. The meeting was properly held and noticed pursuant to the Open Meetings
Act of the State of Michigan, Act 267 of the Public Acts of 1976.


                                             City of Muskegon




                                                     Gail A. Kundinger, MMC, Cit
                                  CITY OF MUSKEGON
                                 NOTICE OF ADOPTION

Please take notice that on Tuesday, May 27, 2003, the City Commission of the City of
Muskegon adopted an ordinance amending the insurance requirements for vehicles for
hire as follows:

TAXICABS
Such policy shall provide minimum insurance protection for each taxicab in the amount
of$100,000 for injury to, or death of, one person, and $300,000 for injury to, or death of,
more than one person resulting from a single accident, and $100,000 for damage to
property, including personal belongings or baggage of passengers, as a result of one
accident.

HORSE-DRAWN VEHICLES
The insurance shall carry liability limits of at least $100,000 for bodily injury or death of
one person, and $300,000 for bodily injury or death of more than one person resulting
from a single accident, and $ I 00,000 for destruction of property of others in any one
accident.

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

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

Published:    June 7, 20,"'0"'3~~                     CITY OF MUSKEGON

                                                      By: Gail A. Kundinger, MMC
                                                          City Clerk
Date:      May 27, 2003
To:        Honorable Mayor and City Commissioners
from:      Gail A. Kundinger, City Clerk
RE:        Annua l Taxicab License Renewal -
           Port City Cab Company & Yellow Cab Company




SUMMARY OF REQUEST: This request is from Thomas W akefield,
owner of Wakefield Leasing, whose office is located at 770 W. Sherman
Blvd., Muskegon, Ml. Mr. Wakefield is requesting approval of a license
to operate 10 taxicabs for both Port City Cab Company and Yellow Cab
Company. The Muskegon Police Department has inspected the
taxicabs and approves this request.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of 10 taxicabs.
~~Y-15-2003 09:30 FROM:MOLRER-FOSTER                                                                     517 342 5016                                        T0:231 724 4178                                                P.001,002
                                                                                                                                                                                                                            PAlE (MMIODm)
        ACQ8D.                            CERTIFICATE OF LIABILITY INSURANC~J~311'.W I                                                                                                                                          OSll,5103
 PRObU01ift                                                                                                                     THIS C!RTIPICATE la ISSU~I) A$ A MATTER OF INFORMATION
                                                                                                                                Oi'ILY AND CONF~RS NO RIGHTS UPON THE CE;RTIFIC:ATE
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 615 N. Cl\PIXOI. AVJ!l ,                                                                                                       ALTER THE COVBAAGliAFFOROEO l!Y THE POLICIES BELOW,
 LANSING, MI                          48933                                                                                                                 INSURERS AFFORDING COVERAGE
  PhonQ,517-371-2300
                                                                                                           ·-····
 INSUR~D                                                                                                                      INSURER A!
                                                                                                                             _,,,                    Am.13;ri.o.an Count!;'Y.. Insurano.e                                                                           -
                                                                                                                              IN.SURl!.A.11:
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                            770 W, Sherman                                                                                    INSURERD·
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                            MuskQ9on MI 49441                                                                                                                                                                                             --·
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    fOLICIEl:L MIJRE!3AT:; llM!TS SHOWN MAY HAYE 6EEN REDUCED ~y PAlO CLAIMS.                                                                                                                 ..
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                                                                                                                                   !I          IVO                                                        LIMITS
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        R      GARAGE LIABILITY

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                                                                                                        j JN.SURE:A F::
COVERAGES
     l'HE POUCIES OF lNSL1RANCE USTF;D 81::LOW Hf\VF. ijEC:N IS!3Ul!D TO THI: IN:il)RCD NAMEO A30Vli FOR THR 1101.ICY PERlfJO INDIG,<\Tt:0. NOTW!l'!iST ANl)ING
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1997 lZUZU                                     WACON                                     JR21.'(J1867VC001407




CERTIFICATE HOLDER                               ! N : ADOITlmlA'- IHSURt:;D, INSUIU!R lF..TrER         CANCF.LLATION
                                                                                                            SHOIJLD ANY OF THC AOOVG DF..SCrm3EO POLIC11i.S ae c,;,NCP..L.1.F.O EIEFOOE: TH1", F.XrlRATIOJ
                                                                                           00000-1
                                                                                                            CAHl Tl-t!::MOI', THE 1S$UtN0 INSUll~A WIU. F.NOEAVOR TO MAIL                        ...J_Q__ 0AY3 WRITTl=.N
                                                                                                            NOTICF.. 'rO THC CERT!F'IMTE HOLOEA NI\MCD TO THF. 1.F.FT. BUT FAll,.IJRE TO 00 SO ~HJ:\LL
                                                                                                            1,V,PQ,'JF, NO OOLIQAtlON OR UMU,lTV OF ANY KINI'> lJPON THl2                    tNs1mrn. ITS AGtNi!'J OP.
                                                                                                                                                                                                          .,,--.. ... ,
                                                                                                                                                                                       ·'
                                                                                                                                                ,,,.,                                                ,,, ..
                                                                                                        AUTHORIZED        -~~r~!iN·~'!tl;    /"./,          i ,,·
                                                                                                                                                                    .,-·/,'   ,,,_
                         '                                                                              Adam. Jfa.rsch,"":·'
ACORO 25-S (7/97)                                                                                                                                                    ©ACORD CORPORATION rnBO
 CAB#      10


                       TAXI CAB INVENTORY CONTROL
      LICENSE YEAR:            MAY 1, ~0=3_ _                  to   APRIL 30,   ~o~'-1 __


OPERATOR:                       f>oA.7       r.,   7-   LAt3

CAB#                             JO

MAKE                             Fottr,
BODY STYLE                       '-I ()12.

YEAR                             1q11o
VIN#                          1;;71::·aLP?• 11 STX1345l/C/

STATE LICENSE#                    q /77        &:JJ


SEATINC CAPACITY                       lo
WEICHT                                 S7. t..":::,



Inspected & Approved by             -,~dUd_,__""""'-_____,c.___-+·-------
Date of Approval _i./_,_-_,,,,;/.,._,,'5=,.__0=--------=3,.___ _ _ _ _ _ _ _ __


          Required under section 102-58 (2) of Code of Ordinances - City of Muskegon
CAB#         1¢1 ___ _



                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:             MAY 1, ~0=3~_                to APRIL 30, ~0--'---'L/~-


OPERATOR:                       p,..,~ T C:z::'rY C,4B

CAB#                               Id
MAKE                           "   - • ,II\ JI



BODY STYLE                     Wtl-GOIV

YEAR                            1qq5'

VIN#                          -;y 1-1   M it A l '1h f? :5 c.. o o   -, 4r-,-oJ
ST ATE LICENSE    #                 533-,          co
SEATINC CAPACITY                          to
WEICHT                                    .'-1740


Inspected & Approved by            ~-I'.-~-+--=---'-=--~·-/("--,,-----
Date of Approval __1./,__-,.,_;;=s;_:.(T,3~'--------------

         Required under section 102-58 (2) of Code of Ordinances - City of Muskegon
 CAB   #    _15"__ .. _



                          TAXI CAB INVENTORY CONTROL
     LICENSE YEAR:              MAY 1, ~()=3_ _                    to    APRIL 30, ~O'-''f~-



OPERATOR:                        Pir.>il.r I'    • :,,-   C::: ✓.1.Q



CAB#                               15

MAKE                              FO~O

BODY STYLE                        '/ n./J

YEAR                               I qqi,,

VIN#                             .:::f~ALP 71    W 7 TX            131./ s,,,, 7

STATE LICENSE        #              (p(3J   s-    1-JJ


SEATINC CAPACITY                        ~

WEICHT                                          5'3 I,.:?



Inspected & Approved by             _.1.a---,,'--=~'---------~f...,,_--_ ____
Date of Approval _ ___.l/:_,,-wo:..,s=;,,c_,-0"'-=:S-'-----------

           Required under section 102·58 (2) of Code of Ordinances - City of Muskegon
 CAB# 3Q_. __



                      TAXICAB INVENTORY CONTROL
     LICENSE YEAR:            MAY 1 ,o
                                     =-3~_             to    APRIL 30, _Oi./---'----



OPERATOR:                      Ve:LL()c,,v CA-8

CAB#                            31">

MAKE                           :::rEliP
BODY STYLE                    STA- (Ui!:.t.J    (5W)

YEAR                            ICf'f(p

VIN#                           IJI/C."t b/15 ?TL 1~7-:-iLI

STATE LICENSE#                  S'JL/s- n-z..
SEATINC CAPACITY                   h
WEICHT                              L/rY!S-


Inspected & Approved by _
                                     7
                                       ~dt&:-+---'""'-------"""---/--1.~-t'-·,_____

Date of Approval _ __,'/-'-q?,""~""'-'-0=.,,,,3,___ _ _ _ _ _ _ __


         Required under section 102-5812) of Code of Ordinances - City of Muskegon
 CAB# _3_S_



                       TAXI CAB INVENTORY CONTROL
     LICENSE YEAR:            MAY 1, -<2-=:3_ _         to APRIL 30, Ol/



OPERATOR:                      V
                               . r LUJU/ c .a8
CAB#                            3S-

MAKE                            J-l{)A I t1 L1

BODY STYLE                       II 1111/
YEAR                            ICl'lS--
VIN#                          :rJ.JM R. A I 'K'/3 .sc. o&/ol~l?
STATE LICENSE      #             733/n DI.J.

SEATINCi CAPACITY                       /,-7
WEICHT                               1../71./0


Inspected & Approved by -~L-/------"----~-'/""'.
                                         --~"--------/-··_,L(_--_ _ __
                                       7                          -



Date of Approval _ _ __,'/_-cv.=-~""'-----=Q3......,__ _ _ _ _ _ __


         Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
                      TAXICAB INVENTORY CONTROL
    LICENSE YEAR:             MAY 1, -=0-=:3_ _ to APRIL 30,                  =0'---1-'I_ _




OPERATOR:                      P.o.0..T /'     -, 7
                                                      -   /"A./\




CAB#                            /lo

MAKE                            Fi,~n

BODY STYLE                      L/,1/}


YEAR                            J Cf'17

VIN#                          ::JC::A   LP t I WtJV X I f3         h{3   '1
STATE LICENSE#                     :JS CMr..

SEATING CAPACITY                          1~

WEIGHT                                  53lo;;J


Inspected & Approved by _               _____,.,//Zc.__'---------=7U/
                                                     ______.,_,_...,-('-------
Date of Approval _ ___,'/-'-'~;;=~=--i;O-,c_,,.3"------------

         Required under section 102-58 (2l of Code of Ordinances - City of Muskegon
 CAB   # __ LfL_ _ _


                      TAXI CAB INVENTORY CONTROL
     LICENSE YEAR:            MAY 1, ~
                                     03- -                to   APRIL 30,     CJ'/
                                                                             --=------.L_ _




OPERATOR:                       Po/1..T   L:l:TY     C,4.A

CAB#                           I~ .

MAKE                           J; sv-z. L/
BODY STYLE                     {,I/fl-Goll/ cv.4,v',

YEAR                           1t:rq1

VIN#                          J"'O 7i/ ./J :r I 'if&. 7   VC. t?OI 31 ;/
STATE LICENSE     #             m'f?J::i J-1.L

SEATINCi CAPACITY                   In
WEICHT                              l/7l/O


Inspected & Approved by _                    --~-·--=-·-----
                                      __,,d?;"----'-_·



Date of Approval _ _ _lf,_-,,._i)"""~'---=.03_,_,__ _ _ _ _ _ _ __


         Required under Section 102-5812) of Code of Ordinances - City of Muskegon
                      TAXI CAB INVENTORY CONTROL
    LICENSE YEAR:             MAY 1, --"'0...,5'---     to APRIL 30, _O~l/__


OPERATOR:
                               .Vell()LU CAl:l.
CAB#                            3;:;:,

MAKE                             1-10!1.Jtl A

BODY STYLE                      ~,i_,.._   ,,..A, (VA-/11)
                                                        .
YEAR                             L'l'l5"
VIN#                         l:i!J MI> A I R"71.J SC O I - '--7 /

ST ATE LICENSE    #               s,;,oo t:::.Y
SEATINC CAPACITY                 (p
WEICHT                                     '-17t/O


Inspected & Approved by _                __,,_~'---L--,=-------~f=·"'._____
                                                                       .·   _
Date of Approval ---'--'f-"e?_,.a
CAB#                               3?,
MAKE                            HO/I.I{) 11

BODY STYLE                       VA-i\l
YEAR                            1qq-,

VIN#                          ::n-1 M ~ A l 8'b'f V6 tJI sso 7
STATE LICENSE      #              Sti'Oa c... 'I

SEATING CAPACITY                   (o

WEICHT                            l/7<10


Inspected & Approved by _
                                     7
                                      7'&U'-7£--='--------~----
Date of Approval _ _Lf-:.L._>aJ.,,_,'s:~-0,::.,!3,..,___ _ _ _ _ _ _ __


         Required under Section 102-58 (2) of Code of Ordinances - City of Muskegon
                      TAXI CAB INVENTORY CONTROL
       LICENSE YEAR:          MAY 1, _0~3__ to APRIL 30, _q/_,___



OPERATOR:

CAB#

MAKE                                  l/"2.V

BODY STYLE

YEAR

VIN#

STATE LICENSE#

SEATINC CAPACITY

WEICHT                             31SO


Inspected & Approved by --'~'--~~-/
                                __,,,,,
                                   __                   L-_·
                                                         __--==-~-l-_-_-_ __

Date of Approval _ ___,_'l__,~:,_c:s=,,,_-_o_.....'3_,___________


         Required under section 102-58 (2) of Code of Ordinances - City of Muskegon


                                                                                      })JJN.L.·
                                                                                              i
                                                                                        'l.
                                                                                        !j
Date: May 20, 2003
To:     Honorable Mayor and City Commission
From : Department of Public Works
Re:     Refuse Cart Purchase 2003



SUMMARY OF REQUEST:
To authorize the purchase of 525 carts from Toter Incorporated for use
as replacements as needed. This purchase would restock our inventory
of replacements we keep on hand for damage carts. We are requesting
approval for placing the order now with delivery anticipated four to six
weeks. Currently the sanitation Department has 65 carts in stock.




FINANCIAL IMPACT:
Unit cost per cart $42.00 (525 per truckload) = $22,050




BUDGET ACTION REQUIRED:
This purchase to be charged to the 2003 sanitation Budget.
Account# 101-60523-5700 (capital outlay: equipment)



STAFF RECOMMENDATION:
Staff recommends approval of the purchase




COMMITTEE RECOMMENDATION:
                                 J.-0 0 ~ - L\ ~ e__~
                           CITY COMMISSION MEETING
                               Tuesday May 27, 2003



TO:           Honorable Mayor and City Commissioners

FROM:         Anthony L. Kleibecker      P1-_- L   . I ~~
              Chief of Police              O

DATE:         May 16, 2003

SUBJECT:      Approval of Agreement with the West Michigan
              Criminal Justice Training Consortium

SUMMARY OF REQUEST:

Police Department staff request that the Commission approve an agreement between the
City of Muskegon and Grand Valley State University (GVSU) whereby GVSU will
provide training for the Muskegon Police Department through an entity known as "The
West Michigan Criminal Justice Training Consortium".

The consortium consists of over 40 law enforcement agencies in west Michigan who train
on a cooperative basis. By entering into such an agreement, each municipality earmarks
35% of the police department's annual Act 302 (state provided) training funds to be paid
to the consortium.

These funds have already been set aside in our 2003 budget.

FINANCIAL IMPACT:

None.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATIONS:

Approval of the request.
                         2003-43 (e)

                         WEST MICHIGAN CRIMINAL JUSTICE
                         TRAINING CONSORTIUM AGREEMENT


       This Agreement is made this ]:J_ day of...,M-"a"--y'------• 2003, by and among Grand

Valley State University, a state institution of higher education, ("Grand Valley") and Allegan

Police, Allegan County Sheriff's Office, Barry County Sheriff's Office, Belding Police, Cedar

Springs Police, Gerald R. Ford International Airport Police, Grand Haven Department of Public

Safety, Grand Rapids Community College, Greenville Department of Public Safety, Grand

Valley State University Department of Public Safety, Grand Valley State University School of

Criminal Justice, Holland Police, Hope College Department of Public Safety, Hopkins Police,

Hudsonville Police, Ionia County Sheriff's Office, Ionia Department of Public Safety, Kent

County Sheriffs Office, Kentwood Police, Lake Odessa Police, Village of Lakeview Police,

Lowell Police, Ludington Police, Mason County Sheriff's Office, Muskegon City Police

Department, Montcalm County Sheriff's Office, Nashville Police, Otsego Police, Ottawa County

Sheriff's Office, Plainwell Department of Public Safety, Rockford Police, Saugatuck/Douglas

Police, Scottville Police Department, Sparta City Police Department, Spring Lake/Ferrysburg

Police, South Haven Police, Walker Police, Wayland Police, Zeeland Police, or their controlling

and governing bodies, all Michigan Municipal Corporations, and state and private institutions of

higher education, ("the Municipalities") with reference to the following facts and circumstances:

        A. On a cooperative basis, Grand Valley and the Municipalities have provided joint

training in police methods and investigative techniques to the Municipalities, through an entity

known as "The West Michigan Criminal Justice Training Consortium," (hereinafter sometimes

referred to as "the Consortium").



                                                  I
       B. Grand Valley intends to continue providing these services, in cooperation with the

Municipalities, provided that the mutual responsibilities of the parties are established by

agreement of the parties, as more fully set forth herein. ·

       C. Pursuant to Section 3 of Act 120 of the Public Acts of 1960, as amended, MSA

15.1852(3)(3); MCLA 390.843(3), Grand Valley is authorized to enter into agreements to

participate in the activities contemplated herein and to provide and coordinate educational

services such as those set forth herein.

       D. The Municipalities, pursuant to authority granted under Michigan law and/or by

charter, are authorized to enter into agreements for the provision of services such as that set forth

herein, and are further authorized under the provisions of Act 35 of the Public Acts of 1951, as

amended, MSA 5.4081 et seq.; MCLA 124.1 et seq., to arrange with other municipal

corporations, by contract, or otherwise as may be permitted by law, for the ownership, operation,

or performance, of any property, facility or service which each would have the power to own,

operate or perform separately.

       E. Each signing Municipality desires to participate in the West Michigan Criminal

Justice Training Consortium, in cooperation with Grand Valley and the other participating

Municipalities, and to provide funding for said participation.

       NOW THEREFORE, as authorized by law, and in consideration of the mutual promises

set forth herein, and for other good and valuable consideration, the receipt of which is hereby

acknowledged, the parties agree as follows:

        I.     Duties of Grand Valley: Grand Valley, in cooperation with the participating

Municipalities, will act as the coordinating agency for the West Michigan Criminal Justice



                                                  2
Training Consortium for the purposes of establishing training programs and courses of

instruction.

        2.     Duties of Municipalities: The participating Municipalities, in return for the

services to be provided under this Agreement, shall use their best efforts to assist and facilitate

the Consortium and to take part in the programs organized for the members. Each participating

Municipality, in return for the services to be provided under this Agreement, shall also pay funds

into the Consortium according to the schedule and terms set forth in Exhibit "A" attached hereto.

In Agreement with the affected municipality, the payment schedule and terms may be modified

annually by the Consortium.

        3.      Operations of the Consortium: During the term of this Agreement, the

Consortium shall be operated as an informal, voluntary association among Grand Valley and the

Municipalities, according to the terms of the "By-Laws of the West Michigan Criminal Justice

Training Consortium," a copy of which is attached to this Agreement as Exhibit "B". The chief

administrative officer of the law enforcement agency for each participating Municipality, or

his/her designee, shall have the responsibility and authority to participate in the day-to-day

business activities of the Consortium, pursuant to the terms of the By-Laws.

        4.      Participants to Remain Employees/Agents of Employing Entity: All personnel

and employees of Grand Valley, or of any Municipality, while participating in any activity of the

Consortium, shall remain at all times solely the agent or employee of their employing entity, and

 not of the Consortium or any other participating entity, and the employing entity shall be and

 remain solely responsible for the payment of all wages, fringe benefits, disability payments, and

 other similar payments and charges.



                                                   3
       5.      Indemnification/Hold Harmless Clause: It is the intent of this Agreement that

each party shall bear the sole responsibility for the acts and omissions of its personnel

participating in any activity of the Consortium. Grand Valley and each participating

Municipality shall defend, indemnify and hold each of the other entities including the

Consortium, harmless from any costs and liability, including attorney's fees, caused by any act or ·

omission of the indemnifying party, its officers, agents or employees, performed while acting

within the scope of their duties and while performing under the terms of the By-Laws, this

Agreement, or while participating in the activities of the Consortium. Nothing contained within

this Agreement shall be intended or construed to provide third party beneficiary rights to any

persons or to create a cause of action in favor of such persons.

       6.      Non-Waiver of Governmental Immunity: In signing this Agreement, neither

Grand Valley nor the Municipalities waive their governmental immunity, or any defenses

available to them or their officers, agents or employees under the Michigan Governmental

Immunity Act, being Act 170 of the Public Acts of 1964, as amended, MSA 3.996(101) et seq.;

MCLA 691.1401, et seq., or any other defenses which may be available to any of them under

state of federal law, nor shall this Agreement modify, or be construed to modify, the privileges

and immunities oflaw enforcement officers under Michigan law.

       7.      Liability Insurance: Grand Valley and each Municipality signing this Agreement

shall maintain, at all times during the term of this Agreement, liability insurance for claims of

bodily injury or property damage to cover the operations of their respective entities, departments,

employees, officers and agents while participating in the activities of the Consortium, with limits

in an amount of not less than $1,000,000. Grand Valley and each Municipality signing this

Agreement shall also maintain, at all times during the term of this Agreement, Worker's

                                                  4
Disability Compensation insurance or self-insurance approval, as required by Michigan law.

Grand Valley and each Municipality signing this Agreement shall further maintain, at all times

during the term of this Agreement, insurance policies or programs to cover the use and

operations of motor vehicles, with limits of not less than $1,000,000 for comprehensive general

liability and statutory "no fault" requirements. Each party shall furnish proof of any insurance

coverage required by this section, upon reasonable written request, to any signatory of this

Agreement.

       8.      Duration of Agreement: This Agreement shall commence on the day and year

first above written, and shall automatically terminate on December 31, 2003 and be automatically

renewed from year-to-year.

       9.      Cancellation, Withdrawal From Consortium: This Agreement may be cancelled at

any time by mutual written agreement of the parties. In addition, any party may withdraw from

participation in the Consortium and cancel its participation under the terms of this Agreement on

ninety (90) days prior written notice, served upon the Chairperson of the Consortium. Upon

withdrawal and cancellation of participation, a withdrawing Municipality shall be entitled to a

pro rata return of any funds paid under this Agreement, the amount of funds returned, if any, to

be calculated through the effective date of such withdrawal and cancellation of participation.

        10.     Amendments: This Agreement may be amended by the parties at any time by

mutual written agreement, signed by the authorized representatives of the parties hereto.

        IN WITNESS WHEREOF, the parties have executed this Agreement, effective the date

first above written.




                                                 5
MUNICIPALITY

  City of Muskegon



                     ??7-
                        . ----.



By:   tl,:o Q,~O~
                (J
       Gail Kundinger
Its: ~City
       ~ ~Clerk
           ~~~------
                           EXHIBIT "A"


The member agency fee for this year, as specified in the Agreement, is set

at 35% of your agency's Act 302 funds, with a split payment schedule

based on the semi-annual distribution from the Michigan Criminal Justice

Training Commission.
                          EXHIBIT            "B"


                                  BY-LA\VS

  \VEST MICHIGAN CRIMINAL JUSTICE TR.t\.INING CONSORTIUM

                                  ARTICLE I

                                    NAME

       The name of this organization shall be the "\Vest Michigan Criminal

Justice Training Consortium," hereinafter sometimes referred to as "the

Consortium."

                             ARTICLE II

                              PURPOSE

       The Consortium is established as a voluntary, unincorporated

association for the purpose of cooperatively providing joint training in police

methods and investigative techniques. The members of the Consortium seek

to maximize the utilization of available training funds, to improve their

position for obtaining grants, to promote multi-disciplinary training, and to

encourage the inter-agency use and sharing of training resources.

                                ARTICLE III

                               MEMBERSHIP

       1.      Composition. The membership of the Consortium shall consist

of those Municipalities and state or private institutions of higher education

which execute the "West Michigan Criminal Justice Training Consortium

Agreement."
       2.     One Member, One Vote. Membership in the Consortium

entitles each member to one (1) vote in all matters related to Consortium

business.

       3.     Membership Approval. To qualify for membership in the

Consortium, an agency must be approved by a majority of the membership

present at a regularly scheduled meeting of the General Membership

Committee.

                                ARTICLE IV

                              COMMITTEES

I.     Appointment by General Membership. The membership of all

standing and special committees, except as otherwise provided for herein,

shall be appointed by the General Membership at a duly called annual

meeting. The annual meeting shall be held at a date, time and location

specified by the Consortium Chairperson and shall occur in April of each

year. The Chairperson of the Curriculum Committee shall also be chosen at

the annual meeting and the Chairperson of the Consortium shall also be

Chairperson of the Executive Committee.

2.     General Membership Committee. Each member shall be represented

on the Generai Membership Committee by the chief administrative officer of

the members law enforcement agency, or by his/her designee. It shall be the

duty of the General Membership Committee to provide overall guidance to

the activities of the Consortium. The members of the General Membership




                                   2
 Committee shall, at the annual meeting, select members to serve on the

 Executive Committee.

 3.     Executive Committee.

        a. Composition. The Executive Committee shall consist of live (5)

 memben, who shaD include the Consortium Chairperson, Vice-Chairperson,

 Secretary, Treasurer, and one at-large member appointed from the General

Membership.

        b.     Purpose. The purpose of the Executive Committee shaD be to

direct the functioning of the Consortium and to oversee, coordinate, and

assign such responsibilities as may be necessary for the completion or the

Consortium mission. The Executive Committee shall have the authority to

act on behalf of the Consortium in all matten deemed necessary for the
                                                                                ..
efficient and orderly conduct of business, including the addition of new

memben, or removal from membership for non-payment of funds.

       4.      Curriculum Committee. The Curriculum Committee shall

consist of not less than seven voting members, appointed by the General

Membership Committee, the precise number of voting members to be
                                            .
determined at the annual meeting. The Treasurer of the Consortium shall be

a member of the Curriculum Committee. No·n-voting members, including

faculty representatives of state or private institutions of higher education,

may be appointed to the Curriculum Committee by the Consortium

Chairperson.




                                       3
b.     Purpose. The purpose of the Curriculum Committee shall be to

direct the development of training priorities, to prepare and recommend an

annual budget, to develop and recommend an annual training schedule, to

keep training records and provide them to the State of Michigan and to

member law enforcement agencies as may be necessary, and to provide

oversight and evaluation of training programs.

       c.      Utilization of Training. It shall be the responsibility of the

Curriculum Committee to monitor the utilization of training by member

agencies. As part of this responsibility member agencies may be assessed a

fee of $25.00 for failure to utilize a reserved position which has not been

canceled at least two (2) business days prior to the start of the training

session.

       The Treasurer will notify the member agency of the assessment and

due date. Appeals to such assessments shall be reviewed and acted upon by

the Curriculum Committee at any regularly scheduled meeting.

                                  ARTICLEV

                        OFFICERS AND DIRECTORS

       1.      Chairperson; Vice-Chairperson; Secretary, Treasurer; Duties.

The officers of the Consortium shali be the Chairperson, Vice-Chairperson,

Secretary and Treasurer. The Chairpe1·son and Vice-Chairperson shall be

responsible for calling and presiding at all meetings of the General

Membership Committee. The Secretary shall prepare and maintain a

permanent written record of all Consortium proceedings, shall transmit


                                    4
notices and agendas to the General Membership and shall transmit a copy of

the minutes from each Consortium meeting to each member prior to the next

regular meeting. The Municipality or state or private institution of higher

education which is represented by the Treasurer shall be the designated

depository agency of the Consortium. The Treasurer shall be responsible for

the maintenance of all financial records related to Consortium business,

·including records of the receipt, allocation, and disbursement of funds. All

expenses relating to the maintenance of the financial and training records of

the Consortium, including the costs attributable to an annual audit, shall be

born by the Consortium.

       2.      Election of Officers. At the annual meeting of the General

Membership Committee, nominations shall be accepted for the offices of

Chairperson, Vice-Chairperson, Secretary, Treasurer, and the at-large

member of the Executive Committee and Chairperson of the Curriculum

Committee. The officers shall be elected by majority vote of the General

Membership. Terms of office shall be for a period of one (1) year.

       3.     Vacancies. If an officer is unable to perform the duties of

his/her office, or if a vacancy in office exists, the Chairperson of the

Consortium shaii appoint a successor, and the appointee shali then serve

until the next annual meeting of the General Membership Committee.




                                    5
                                ARTICLE VI

                    MEETING OF THE CONSORTIUM

       1.      Annual Meeting; Regular Meetings. The annual meeting of

the General Membership Committee shall be held in April of each year at a

time and place to be selected by the Chairperson of the Consortium. Regular

meetings may be scheduled for such other dates, times and locations as may

be determined by the Chairperson of the Consortium.

       2.      Quorum; Action to be Taken by Majority Vote. A majority of

all members of the General Membership Committee present shall constitute

a quorum for the purpose of conducting business. Actions of the General

Membership Committee shall be taken by a majority vote of those attending,

except as may be otherwise provided for herein.

       3.      Notice of Meetings. Notice of the date, time and location of all

General Membership Meetings, along with an agenda therefore, shall be

mailed to each member of the Consortium at least seven (7) days prior to the

scheduled meeting date.

                                ARTICLE VII

                     PARLIAMENTARY PROCEDURE

       i.   Robert's Rules of Order. Robert's Rules of Order, Revised, shall

            govern all matters of consortium procedure not otherwise

            provided for in these By-Laws.




                                    6
                                ARTICLE VIII

                                AMENDMENT

         1.   Amendments. These By-Laws may be amended by a two-

thirds vote of the members of the General Membership Committee.

Proposed changes in the By-Laws shall be transmitted to each member at

least seven (7) days prior to the date of the meeting at which the vote will be

taken.




                                    7
Date:     May 5, 2003
To:       Honorable     ~ay~ a~d City Commissioners
From:     Ric Scott   ;yJzJf;/
RE:       Use of Oid City Logo


SUMMARY OF REQUEST:
To authorize staff to send the attached letter to allow
Steve Sulley to use the old city logo for use with the
Women ' s Baseball Anniversary.


FINANCIAL IMPACT:
None


BUDGET ACTION REQUIRED:
No~ e


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
 Affirmative Action
 23 l /724-6703
 FAX/722-1214

 Assessor
 231 /724-6708
 FAX/726-5181

 Cemetery
 23 l /724-6783
 FAX/726-5617

 Civil Service
 231/ 724-6716
 FAX/724-4405                                         West MJchlgan's Shorelh1e City
Clerk
23 l /724-6705
FAX/724-4178

Comm, & Neigh.
                       Date :        May 5 , 2003
   Services
231/724-6717           To:           Honorable ~Jo~                d City Commissioners
FAX/726-2501

E ng ineering
                       From:         Ric Scott        //1r7/7-r#--
231/724-6707           Re:           Use of Old City Logo
FAX/727-6904

Fin once
                       Steve Sulley of St. Louis has requested the use of the
231/724-6713           old city logo for use with memorabilia for the Girls
FAX/724-6768
                       Professional Baseball League. A copy of his letter is
Fire Dept.             attached. A copy of the logo and its intended use is
23 l/724-6792
FAX/724-6985           also attached .
Income Tax             Our attorney' s have suggested that you authorize staff
23 l /724-6770
FAX/724-6768
                       to sign the attached letter and send it to Mr. Sulley.
                       Staff recommends concurrence with the attorney' s
Info. Systems
231/724-6744
                       recommendation.
FAX/722-4301
                       Thank you for your consideration.
Leisure Service
231/724-6704
FAX/724-1196

Mnnoger's Office
231/724-6724
FAX/722-12 14

Mayor's Office
231/724-6701
FAX/722-1214

I nspection Services
231/724-671S
FAX/726-2501

Planning/Zon ing
231/724-6702
F AX/724-6790

Police Depl.
231/724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722-4188

Treasurer
231/724-6720
F AX/724-6768

\Voter Billing Dept.
231/724-6718
FAX/724-6768

Water Flitrotlon
231/724-4106
F AX/755-5290


                             City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                Steven A. Sulley
                              SAS Consulting, Ile
                               4642 Gravois Ave.
                              St. Louis, MO 63116

May 2, 2003


City of Muskegon
c/o Mr.Rick Scott
Mayor Stephen Warmington and City Commission members
93 3 Terrance St.
Muskegon,MI 49443-0536



Dear Mayor Warmington and City Commission members,

This is the 60th Anniversary of the All American Girls Baseball League.
I represent a number of the ladies that played for the Muskegon Lassies.
The team logo for the Lassies is your old city seal modified.
I am requesting to use the old city seal, worn on the Muskegon Lassies baseball uniforms,
A tree, be used once again, in good taste, for baseball memorabilia.

Samples of photos included

Thank you for your consideration,


~~~
SAS Consulting lie




                                    . ..';                                   ..
                                                                             .,
Affirmative Action
231/724-6703
FAX/722-1214

Assessor
231 /724-6708
FAX1726-5181

Cem etery
231 /724-6783
FAX/726-5617

Civil Service
231/724-6716
F AX/724-4405                                           West Michigan's Shoreline City
                      Mr. Steve Sulley
C lerk
23 I /724-670S        4642 Gravois Ave.
FAX/724-4178
                      St. Louis, MO 63116
Comm. & Neigh.
   Services
231/724-6717          Re:     Use of City of Muskegon Sea]
FAX/726-250 1

Engineering           Dear Mr. Sulley:
231/724-6707
FAX/727-6904
                      Thank you for your request for permission to use the prior City of Muskegon Seal for
Finance
231/724-6713
                      baseball memorabilia. As you may know, the City of Muskegon has certain intellectual
F AX/724-6768         property rights in its prior official seal, including trademark, service mark, copyright, etc.
Fire Dept.            The City of Muskegon Commission has decided to grant you permission to use the prior
23 l /724-6792
FAX/724-698S
                      Official Seal of the City of Muskegon for baseball memorabilia under the following
                      conditions:
Income Tnx
231 /724-6770
FAX/724-6768                  1. The City of Muskegon reserves the right to revoke its permission for use of
Info. Systems                    the Seal at any time and for any reason or no reason at all; and
23 l /724-6744
FAX/722-4301
                             2. The City of Muskegon reserves all intellectual property rights in the Seal
Lelsnre Service
231/724-6704
                                including all copyright, trademark, and service mark rights and you
FAX/724-1196                    acknowledge and recognize the City's interest in, and the exclusive right to
Manager's Office
                                grant to others permission to use the Seal.
231/724-6724
FAX/722-1214
                      By signing the acknowledgement below you are agreeing to these terms for permission to
Mayor's Office        use the prior City of Muskegon Seal for baseball memorabilia. If you have any questions
231/724-6701
FAX/722-1214          regarding use of the Seal, please contact me.
Inspection Services
231/724-6715          Sincerely yours,
FAX/726-2S01

Plunnlng/Zonlng
23 l /724-6702
FAX/724-6790          Ric Scott
                      Leisure Services
Police Dept.
231/724-6750          City of Muskegon
FAX/722-5140

P ublic Works
231/724-4100
FAX/722-4188
                      Ack.now ledgement
Treasurer
231/724-6720
FAX/724-6768

Wnter Billing Dept,   Name: Steve Sulley
231/724-6718
FAX/724-6768
                      Date:
Water Filtration
231/724-4I06
FAX/755-5290


                               City of Muskegon, 933 Terrace Street, P.0. Box 536, Muskegon, MI 49443-0536
60th Ann iversary of the AU American Girls Professionat Baseball League

                     i 5th Anr,lvmsary of Thf,ir lnchu:tlon to the Baseball Hall of Fame



                                   EXAMPLE
                  Commission Meeting Date: May 27, 2003




Date:         May 16, 2003
To:           Honorable Mayor and City CommisJi~1 ers
From:         Planning & Economic Develo men~
RE:          Rezoning request for property located at 1750 and 1752
             Seventh St.


SUMMARY OF REQUEST:

Request to rezone property owned by Keene Lumber Co., located at 1750 and 1752
Seventh St., from R-1 , Single-Family Residential to B-4, General Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 5/15 meeting.
The vote was unanimous.




5/16/2003
                                         CITY OF MUSKEGON

                                  MUSKEGON COUNTY, MICHIGAN

                                       ORDINANCE NO. 2104

 An ordinance to amend the zoning map of the City to provide for a zone change for certain property
                  from R-1 "Single-Family Residential" to B-4 "General Business"

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described prope1ty from R-1 "Single-Family Residential" to B-4 "General Business":

CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 & 2 & W 1/2 OF VAC ALLEY ABUTTING BLK 461



This ordinance adopted:

          Ayes: Schwei f ler, Shepherd, Spa taro, Warmington, Buie, Gawron, Larson

          Nayes:   None


Adoption Date:     May 2 7 ,   2 OO3

Effective Date:     June 13, 2003

FirstReading:      May 27,     2003

Second Reading:
                   - - -- - -- - - - -- -




                                                    CITY OF MUSKEGON           I

                                                    By:   __3j.~~~Q
                                                                  ~,:__.1~~~~~-




5/16/03                                                                                 2
                                        CITY OF MUSKEGON
NOTICE OF ADOPTION

Please take notice that on May 27, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following prope1ty
from R-1 "Single-Family Residential" to B-4 "General Business"

CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 1 &2 & W 1/2 OFVAC ALLEY ABUTTING BLK461

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

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

Published     June 3,                , 2003              CITY OF MUSKEGON '          I
                                                         By    ~        Q, ~d"'-2
                                                               Gail A. Kundinger, MMC
                                                                 City Clerk



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

AccountNo. 101-80400-5354




5/16/03                                                                                       4
                                CERTIFICATION



This resolution was adopted at a regular meeting of the City Commission, held on
: May 2 7, 2 OO3 The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.

                                  CITY OF MUSKEGON




                                  By_~~G-a-il~:-_-K~=nd-i~n~-e
                                                      P L     ~r,~C~it~y-C-1~- r-k-%
                                                                                   ~µ.)
                                                                                    =·-=---
CERTIFICAlE (Rezoningofl750 & 1752 i' St. fromR-1 toB-4)


        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a trne and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27tl' day of
May, 2003, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby.

DATED: _ _ _ _ _ _ _~2003.
                                               Gail A Kundinger, MMC
                                               Clerk, City of Muskegon




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




5/16/03                                                                                       3
                                  0




_   _   _ _   _ _ _ TEMelE..ST_
                                     Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING
                                            May 15, 2003


Hearing; Case 2003-12: Request to rezone the property located at 1750 and 1752 Seventh
St. from R-1, Single-Family Residential to B-4, General Business, by Keene Lumber Co.


BACKGROUND
Applicant: Keene Lumber Co.
Address/Location of Subject Property: 1750 and 1752 Seventh St.
Current Zoning: R-1, Single-Family Residential
Proposed Zoning: B-4, Gencrn I Business

STAFF OBSERVATIONS
I. The subject properties arc located at the SE corner of Seventh St. and Larch Ave. They are
   currently vacant lots.
2. Keene Lumber has been using the properties to store materials on. As the properties are
   zoned residentially, this is not permitted. Staff has not begun enforcement action yet,
   pending the outcome of this rezoning request. If the rezoning is approved, storage would be
   permitted on the lots, but al I materials would have to be either enclosed in a building, or
   screened from public view.
3. Laketon Ave. contains many commercial uses, but the area to the north is primarily
   residential. There are several nonconforming commercial buildings and uses scattered
   throughout the area as we! I.
4. The south half of this block (fronting Laketon Ave.) is zoned B-4, while the entire north half
   (fronting Larch Ave.) is zoned R-1.
5. Keene Lumber's property takes up the entire Laketon Ave. frontage (south half) of the block.
    Also joined with their primary parcel is a small portion of the Larch Ave. frontage, in the
   center of the block, directly adjacent (east) of the two subject lots. This property is zoned R-
   I but contains a commerein I building. As such, it is nonconforming. If this rezoning is
   approved, the adjacent piece should also be rezoned as well so as to be consistent with the
   rest of Keene's propetiy. The remaining lots fronting Larch Ave. contains residences.
6. The Future Land Use Map shows the subject property to be "Commercial".
7. The Master Land Use Plan slates:
   • Notwithstanding the presence of many quality homes, the sub-area also possesses a
      number of blocks with units in need ofrehabilitation and site maintenance.
8. Sub-Area Stability:



City of Muskegon Planning Commission- 5/15/03
    •   The area's stability varies throughout. Residential locations range from mature, well
        maintained, neighborhoods to those undergoing significant decline and in need of
        rehabilitation. Most of ihe industrial development is also mature in age. And, like the
        area's residential development, ranges from well maintained facilities to those in need of
        major rehabilitation and/or removal.
9. Sub-Area Issues:
   • There are pockets of housing in need ofrehabilitation.
   • Laketon Ave. suffers as a result of several business and property owners who fail to
      maintain the appearance of their buildings and/or frontage sites.
   • Buffers between residrntial and industrial development are vhtually 11011-existant.

10. The Master Plan recommends for this sub-area:
    • Implement, through zoning, buffer requirements to mitigate compatibility impacts
       between residential and non-residential uses.
    • Implement comprehensive streetscape programs along the sub-area's major roadways.
    • Focus residential rehabilitation and site maintenance eff01ts in this sub-area.

11. If the rezoning is approved. staff will work with the applicant on making sure that the storage
    is properly screened and thal all ordinance requirements for the site are met. If the rezoning
    is denied, all materials stor,·d on the site must be removed, and only permitted activities in
    the R-1 district would be allowed on the properties.
12. Keene Lumber received a site plan approval in 1999. There were several conditions placed
    on the approval, including:
    a. The parking lot needs tu be paved and striped with curbing or curb stops.
    b. The n01th end of the property needs to be cleaned up and screened.
    c. The driveway closest to the intersection of Seventh St. and Laketon Ave. needs to be
       removed. Although the City owns this prope1ty, you still have the right of access, and
       therefore the driveway does need to be removed.
13. In 2002, Keene Lumber recci ved another site plan approval for construction of a storage
    building on their existing prnperty. At that time, they were reminded of the requirement to
    screen from the residential properties to the north, and were given until May 1, 2003 to
    complete the screening or contact staff to discuss an alternate timeline. Staff has not heard
    from them regarding this rcq uirement, and the screening is still not in place.
14. Staff agreed to allow Keene to wait to pave their parking lot until the City's bike path was
    constructed along this stretch of Laketon Ave. The bike path is currently under construction
    at this time.
15. Staff has not received any phone calls or letters regarding this case.




City of Muskegon Planning Commission -5/15/03                                                       2
PHOTOS




ORDINANCE EXCERPTS
(See next case, #2003-13 for occrpts of the R-1 and B-4 districts)


RECOMMENDATION
Staff recommends approval of 1hc request only if the conditions of the 1999 site plan approval
are met and provided that the 1,·maining portion ofR-1 zoned property will be applied to be
rezoned in the near future as m · 11.


DELIBERATION
Criteria-based questions typically asked during a rezoning include:

I. What, if any, identifiable conditions related to the petition have changed which justify the
    petitioned change in zoning.

2. What are the precedents and the possible effects of precedent which might result from the
   approval or denial of the 1;clitio11.

3. What is the impact of the ,1mendment on the ability of the city to provide adequate public
   services and facilities and/or programs that might reasonably be required in the future if the
   petition is approved.

4. Does the petitioned zoning change adversely affect the environmental conditions or value of
   the surrounding property.

5. Does the petitioned zoning change generally comply with the adopted Future Land Use
   Plau of the City.




City of Muskegon Planning Comm issiun - 5/15/03                                                  3
6. Are there any significant negative environmental impacts which would reasonably occur if
   the petitioned zoning change and resulting allowed structures were built such as:

                a.      Surface water drainage problems
                b.      Waste water disposal problems
                c.      Adverse effect on surface or subsurface water quality
                cl.     The loss of valuable natural resources such as forest, wetland, historic
                        sites, or wildlife areas.

7. Is the proposed zoning change a "Spot Zone"?

                a.      Is the p,ll'cel small in size relative to its surroundings?
                b.      Would tile zoning change allow uses that are inconsistent with those
                        allowed in the vicinity?
                c.      Would the zoning change confer a benefit to the property owner that is
                        not generally available to other properties in the area?
                d.      A spot zone is appropriate if it complies with the Master Plan.




City of Muskegon Planning Commission- 5/15/03                                                 4
                  Commission Meeting Date: May 27, 2003




Date:        May 16, 20 03

To:          Honorable Mayor and City Commissi?n• rs
From:        Planning & Economic Development           ~
                                                  - - -
RE:          Rezoning request for property located at 986 E. Keating Ave.


SUMMARY OF REQUEST:

Request to rezone propeIi y owned by Robert Edward Hickel, located at 986 E. Keating
Ave., from B-4, General Business to R-1 , Single-Family Residential.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMM ENDATION:

The Planning Commission recommended approval of the request at their 5/15 meeting.
The vote was unanimous.




5/16/2003
                                        CITY OF MUSKEGON

                                 fv1USK l2GON COUNTY, MICHIGAN

                                     ORDINANCE NO. 2105

 An ordinance to amend the zoni,~g map of the City to provide for a zone change for certain property
                  from B-4 "Gcn ('ral Business" to R-1 "Single-Family Residential"

THE CITY COMMISSION OF TH E CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from B-4 "Gencr;il Business" to R-1 "Single-Family Residential":

CITY OF MUSKEGON CONTINENTAL ADD W 1/2 LOTS 16-17 & 18 BLK 10



This ordinance adopted:

          Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Larson, Gawron

          Nayes:    None


Adoption Date: May 27,, 2003~-- - -

Effective Date:    June 13, 2003

First Reading:     May 2 7, 2 00 3

Second Reading:
                   - - - - -- -- - - -- -




                                                    CITY OF MUSKEGON

                                                   By:   ~,O,
                                                           Gail A. Kundinger, MM




5/16/03                                                                                 2
                                         C lTY OF MUSKEGON
NOTICE OF ADOPTION

Please take notice that on May 27, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following property
from B-4 "General Business" to R-1 "S ingle-Family Residential":

CITY OF MUSKEGON CONTINENTAL ADD W 1/2 LOTS 16-17 & 18 BLK 10

Copies of the ordinance may be ,·icwL·d and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Tenr,cc Street, Muskegon, Michigan, during regular business hours.

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

Published      June 3                 , '.2003           CITY OF MUSKEGON        I
                                                         By     d,.  QJJ LJ._...."&,.,
                                                                Gail A. Kundinger, MMC
                                                                 City Clerk



PUBLISH ONCE WITHIN TEN ( I0) DAYS OF FINAL PASSAGE.

AccountNo. 101-80400-5354




5/16/03                                                                                       4
                                CERTIFICATION



This resolution was adopted at a regular meeting of the City Commission, held on
·. May 2 7, 2003 The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.

                                  CITY OF MUSKEGON
CERTIFICA1E (Rezoning of 986 E. Ken ting Ave. from B-4 to R-1)


         The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that tl1e foregoing is a true and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the 27tl' day of
May, 2003, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records or the City of Muskegon. I fiuther certify that the meeting was conducted
and public notice was given p1irsurn1t to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept mid will be or have been made available as required
thereby.

DATED: _ _ _ _ _ _ _ _, 2003.
                                               Gail A. Kundinger, MMC
                                               Clerk, City of Muskegon



Publish:       Notice of Adoption lo be published once within ten (I 0) days of final adoption.




5/16/03                                                                                       3
   I
_ _J




       ------- -   --




        ~     ,,-------
                                        Staff Report [EXCERPT)
                                          CITY OF MUSKEGON
                                       1'1.J\NNING COMMISSION
                                          REGULAR MEETING
                                               May 15, 2003


Hearing; Case 2003-13: Request to rezone the property located at 986 E. Keating Ave.
from B-4, General Business to R-l, Single-Family Residential, by Robert Edward Hickel.


BACKGROUND
Applicant: Robert Edward Hickel
Address/Location of Subject Propertv: 986 E. Keating Ave.
Current Zoning: B-4, General Business
Proposed Zoning: R-1, Single-Family Residential

STAFF OBSERVATIONS
I. This request was on the April PC agenda as Case 2003-8. At the applicant's request, the case
   was withdrawn at the meeting. Since that time, the applicant has determined that the owners
   of the property he was looking al on Fleming Ave. are not willing to sell it to him.
   Therefore, he has re-applied to rezone his prope1iy on Keating Ave. The request has been re-
   noticed and re-advertised.
2. The subject property is located on Keating Ave., north of the City's Medendorp Industrial
   Park, between Valley and Madison Streets.
3. The entire north side of Keating St. in this area is zoned B-4, including the subject property.
   The area is a mix of residential and industrial uses in general.
4. The applicant has stated "I would like to move the house at 957 Broadway in Norton Shores
   to 990 Keating .. .in East Muskegon. This home will blend in with the houses in this area.
   Dan Deitz moved a house for me to 1331 Ada also one to 1882 McLaughlin, he will also
   move this one for me".
5. The Future Land Use Map shows the subject prope1iy to be "Single & Two-Family
   Residential".
6. The Master Land Use Plan states:
   •  Single and multiple family housing are found in the sub-area's northwest quadrant.
7. Sub-Area Stability:
   • Reinvestment in existing single-family, housing units is minimal. Housing located in the
      interior pmiions of the sub-mca is undergoing replacement by new and/or expanding
      industries. In some instances. homes (home sites) are being assembled to accommodate
      industrial development.
8. Sub-Area Issues:



City of Muskegon Planning Commission    5/15/03
     •   Designation and use of the sub-area for industrial development will require the removal
         of single-family housing.
     •   The combination ofland uses (e.g., housing, medical, commercial, and industrial) may
         result in land use compatibility conflicts unless development is carefully regulated.
     •   In several instances, non-residential "spot" development has been allowed to encroach
         upon residential locations.
9. The Master Plan recommends for this sub-area:
   • The area north of East Barney Avenue, west of Madison Street, and south of East Delano
      Street should be retained as mixed use residential.
   • Any commercial or industrial development bordering residential should provide high
      quality buffering in the form of architectural screening and landscaping.
10. Given the Master Plan recommendation and the mostly residential nature of this area, staff is
    planning on looking into a wider-scale rezoning of more of the commercially zoned
    properties in this area, north of the industrial park.
11. Staff has not received any phone calls or letters regarding this case.


PHOTOS




City of Muskegon Planning Commissit-.11   \ '15/0:1                                                2
ORDINANCE EXCERPTS

SECTION 1103: AREA AND BUI I( REQUIREMENTS [amended 4/00]
                              ARTICLE Xlll - ll-4 GENERAL BUSINESS DISTRICTS

PREAMBLE

The B-4 General Business District is dcc;igncd to provide for a wide variety of business activities including
automotive services and goods, ;md is grnL'rally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic arteries prevents the conflict of traffic and pedestrian
movement since the General Business l)istrict is characterized by a minimum of pedestrian flow. The B-4 General
Business Districts have been locnled in ,11-c;is designated on the adopted Land Use Plan.

SECTION 1300: PRINCIPAL USES l'IJ,MITTED

In the B-4 General Business District, no l111ilding or land shall be used and no building shall be erected, structurally
altered, or occupied except for one (I) or 111ore of the following specified uses, unless othe1wise providing in this
Ordinance:

1.       Veterinarian clinics, without out·clnor kennels.

2.       Bus passenger stations.

3.       Stores selling second hand merch;111disc.

4.       Funeral homes.

5.       Automobile car wash, vvhen co111pictc!y enclosed in a building.

6.       Auto service stations for tl1e sale   or gasoline, oil, and accessories, subject to the following: ...
7.       Self service laundry and dry cleaning establishments.

8.       Amusement, entertainment, and recreational, including bowling alleys and skating rinks.

9.       Storage of non-hazardous and 11011--toxic materials or goods provided such storage is within a building or is
         enclosed as not to be visible tn the public from any abutting residential district or public sh·eet.

10.      Theaters, when completely enclos,'d.

11.      Banks, with or without drive-in LKilities.

12,      Restaurants and cocktails lou11ges

13.      Motels and hotels.

14.     Residential uses as part of a building in this business zone shall be allowed upon issuance of a Ce1tificate
        of Occupancy from tl1e Depart111c11l of Inspections, but provided that the minimum lot area requirements of
        the RM-3 District are met.

15.     Assembly of small parts provr' uses customarily incidental to any of the above Principal Uses
         Permitted.

4.       Uses similar to the above r}rincip;:il Uses Permitted.

SECTION 401: SPECIAL LAND USLS l'l'.RMITTED [amended 2/02)

The following uses, and their accessory huildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approvai or the use (and a site plan, if required) by the Planning Commission, after
Public Hearing, subject to the .ipplicablc c(i11ditions, and any other reasonable conditions imposed by the Planning
Commission:

1.      Private recreational areas, and inslitutional recreational centers when not operated for profit, and nonprofit
        swimming pool clubs, all subj,.Tt 10 the following conditions: [amended 2/02)




2.      Colleges, universities, and other such institutions of higher learning, public and private, offering courses in
        general, technical, or religious n!ucation not operated for profit, all subject to the following conditions:




3.      Churches and other facilities 11.:;✓ -1/- /WC/
                                                                                                                                                                                        / ~//
     8-2        ,    I               --                                       ~I

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  1000                                                          0                                                                 1000                                                                                    2000 Feet
                                      Staff Report [EXCERPT]
                                       CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING
                                             May 15, 2003


Hearing; Case 2003-17: Request to amend the Planned Unit Development for the
Smartzone (Edison Landing) to change the locations and scale of various proposed
buildings and to change use mix and quantity, by Lakefront Development, LLC.


BACKGROUND
Applicant: Lakefront Development, LLC
Request: To amend the existing PUD to change the locations and scale of various proposed
buildings and to change use mix and quantity.
Present Land Use: Vacant & GVSU Workstage building under construction.
Zoning: B-2, Convenience & Comparison Business


STAFF OBSERVATIONS - BACKGROUND
1. The subject property is the remainder of the former Teledyne prope11y left, after the City
   condemned a pm1ion for the Shoreline Dr. East road project. The site contains 34.2 acres on
   Muskegon Lake.
2. A PUD was approved for this site in July of 2000. A copy of the minutes from that case are
   attached, as well as a copy of the original approved site plan. The PUD included 17 parcels
   with office, retail, marina and condominium uses. Since the PUD approval, Lakefront
   Development, LLC has completed their purchase of the prope11y. The Shoreline Dr. East
   project also has begun this spring as well. The new extension of Shoreline Dr. will run
   directly adjacent to the site, and is intended to become the new business route through
   downtown after its completion.
3. In 2001, the site received a Smartzone designation from the State of Michigan. This
   designation means that, in partnership with Grand Valley State University, the site is being
   developed as a technology-based business park. Construction of the Michigan Alternative
   and Renewable Energy Center (GVSU Workstage building) began in early 2003 on parcel
   'C' of the site.
4. Construction of the interior roads on the site also began in early 2003. The City is building
   these roads in conjunction with the Shoreline Dr. extension road project. The proposed roads
   included relocated Terrace St. (main entrance into the site), Viridian Dr., and O'Toole Way.
5. The site has been re-named Edison Landing.
STAFF OBSERVATIONS- CURRENT REQUEST
1. The applicant is asking to amend the approved PUD for Edison Landing for conceptual
   approval of two proposed developments, which together will encompass six of the site's

City of Muskegon Planning Commission - 5/15/03
    parcels. Each development will then require a final site plan approval as well. The
    amendment request is being made as one request, but for the sake of clarity, each of the
    proposed developments will be described separately below.
2. These developments will have a great deal of visibility both from Muskegon Lake and from
   Shoreline Dr. once the extension has been completed. The Smartzone site is being described
   by some as the 'new downtown' for Muskegon. It is important that careful review is given to
   all proposed developments for the site, as visual access to the lake is paramount, as well as
   maintaining an urban 'main street' character.
3. Given the current construction projects, it is extremely difficult right now to get onto the site
   or to visualize the proposed layout of the parcels without Shoreline Dr. in place for reference.
    The only existing structures possible to use for reference are the GVSU and National City
   buildings currently under construction. Staff has tried to visualize what the location and
   layout of the proposed developments will be as best as currently possible. The photos shown
   below were taken from the seventh floor of the Terrace Plaza building.
4. Parcels 'J', 'K', 'L', and 'M' (Gillespie development):
    a. These four parcels flank relocated Terrace St., and as such are the main entryway into the
       Smartzone. The original PUD site plan shows one multi-story building to be located on
       each parcel, along and up close to Terrace St., to be designed as a Main Street, with
       visual focus being drawn up the street to the cul-de-sac and view of the lake.
    b. The developer (Gillespie) of these parcels is keeping the general design fairly close to
       what was originally proposed. However, there are two significant changes. The first is
       the removal of O'Toole Way (east/west road) as a public street, due to concerns of the
       City Engineer with the possible stacking of cars across the railroad tracks as cars would
       wait to turn left from Terrace St. onto O'Toole Way. The City and Gillespie have agreed
       that this street is not needed as a public right-of-way. Instead, it will become a private
       drive into parcels 'L' and 'M' with additional parking off of the south side, and will be
       'right-in, right-out' only.
   c. The second change is the addition of two new buildings near the outer edges of parcels
      'L' and 'M'. Although the proposed tenants for these buildings are currently unknown,
      the buildings are proposed to be drive-thrus, possibly either restaurants or banks. The
      proposed design and elevations of these buildings will be important, as traditional fast
      food building designs might not fit within a 'downtown' character.
   d. Case #2003-20 involves the actual site plan review for this proposed development and
      more details about the proposed layout of the site are available there. This case involves
      the conceptual approval of the drive-thru buildings and site layout in general.
   e. The design of the site includes the original four proposed buildings, which are located
      along Terrace St., with parking to the rear. A proposed ground floor walkway allows
      pedestrian access to the rear parking areas without requiring pedestrians to walk entirely
      around the buildings to access the rear.




City of Muskegon Planning Commission-5/15/03                                                       2
    f.   The submitted plan does not clearly show the proposed traffic flow for the site, especially
         around the proposed drive-thru buildings. The proposed locations for stacking spaces for
         the drive-tluus are also not shown.
    g. If the site design, circulation and concept of drive-thru buildings on the site are
       acceptable to the Planning Commission, staff sees no major concerns with these proposed
       changes, provided that sufficient stacking spaces for the drive-thrus can be provided
       which would not block drives or parking spaces. The drive-tln·u buildings should be one-
       story and should blend with the rest of the proposed development.
5. Parcels 'A' and 'B':
    a. The originally approved PUD for the site showed one two-story mixed-use building on
       parcel 'A' (office and residential) and one two-story office building on parcel 'B'. The
       current request is for four six-story condominium buildings (18 units each) on both
       parcels together, along with a single-story parking deck with rooftop tennis courts,
       walking paths, sitting areas and gardens.
    b. The four buildings are proposed to be spaced apart so as not to completely block the view
       of the lake from fmiher inland, and to take advantage of the lake views available on these
       parcels. The development is built 'up' instead of 'out' with the thought that four narrow,
       taller buildings would block the view less than one or two more massive, shorter
       structures.
    c. The original PUD plan submitted showed that the buildings would be 'terraced' with
       shorter buildings located closer to the lake, and taller ones further inland. This would
       protect the viewshed of all parcels on the property and keep building heights from getting
       out-of-hand. Staff wonders that ifby stmiing with 6-story buildings on the lakefront, if
       subsequent developers of parcels 'D' and 'E', further inland, would then want to go even
       higher in order to still have uninterrupted lake views.
    d. If the 6-story condominium buildings are approved as proposed, the Planning
       Commission may want to consider placing a limit on the total height allowed for
       buildings on the rest of the site, perhaps 10 stories to keep in line with the height of the
       Shoreline Inn & Suites.
    e. Each of the proposed buildings contains 18 residential units, for a total of 54 units. The
       specific acreage of this site is unknown, but for reference, the RM-1, Low Density
       Multiple-Family Residential zoning district allows 16 units per buildable acre, and the
       RM-2, Medium Density Multiple-Family Residential district allows 24 units per
       buildable acre.
    f.   Staff has discussed other options with the developer, such as considering further shifting
         the buildings to open up the views up the middle of the site. They may also want to
         consider situating the buildings more pe1pendicular to the shoreline as well.
    g. Staff has some concerns with the proposed parking deck. It is shown on the conceptual
       plan as a large structure encompassing most of the width of the site. It is difficult to
       visualize since the final grades for Shoreline Dr. and the interior roads have not yet been
       established, but staff wonders what the appearance of this structure will be from road


City of Muskegon Planning Commission - 5/15/03                                                        3
         grade. Keeping in mind that parcels 'D' and 'E' have yet to be developed, and will most
         likely face directly that way, toward the waterfront. On the other hand, the parking deck
         would keep the surface parking from being as visible on the site.
    h. The roof area of the proposed parking deck is shown to have amenities for the
       condominium residents such as tennis courts, gardens and possibly a pool. This would
       appear to meet the 15% usable open space requirement for the site. The developers have
       stated that the deck is proposed as one large structure so as to maximize the residents' use
       of the roof area without making it difficult for residents from one building to access
       amenities on the roofs of parking decks associated with the other buildings.
    1.   There are two existing tall buildings in proximity to this site, the Terrace Plaza building
         (7 stories) and the Shoreline Inn & Suites (10 stories). Staff feels that the location of the
         proposed condominium buildings on the western side of the Smartzone site will keep the
         taller structures clustered enough together to perhaps create a more continuous skyline for
         downtown Muskegon that has been lacking up until now.
   J.    The Terrace Plaza building is on a higher elevation than most of the surrounding area.
         Information from the City Engineer is that the final elevation for Shoreline Dr. will be
         about four to five feet higher than that of the Smartzone site, closer to the elevation of the
         National City building. By sitting at the existing corner of Morris Ave. and Terrace St.
         near National City, staff visually estimated that 6-stmy buildings might not necessarily
         block the entire lake view from the roadway. This is just a general visual assessment, but
         there is no better way to estimate without being able to physically access the site.
    k. There is public access proposed along the waterfront edge of the entire Smartzone site, by
       means of a walking/bike path. Therefore, the public will still be able to access the
       waterfront and viewshed, even if the view from the roadways themselves is reduced.
    I.   No elevations for the proposed buildings have been provided for the condominium
         buildings, which also makes it difficult to visualize their appearance on the site. As in the
         case ofBalcom's Cove, staff would stress to the developers that even though the
         buildings appear oriented toward the lake, the rear (streetward) elevation is of particular
         concern since this side is what will be visible from Shoreline Dr. No elevations for the
         proposed parking deck have been provided.
   m. Staff is hesitant to make a recommendation as to the 6-story condominiums, as there are
      varying opinions regarding the idea. If designed so as to block as little of the view as
      possible, and to present an attractive elevation toward the downtown area, staff is not
      necessarily adverse to the idea. However, much care should be taken in the final site
      layout and design when a final site plan is submitted for this development.
   n. The Fire Marshal has made some comments specifically regarding the proposed
      condominium buildings (comments received 4/29):
         i) Information shall be submitted on water availability, flow test and hydrant locations.
            Contact the City DPW for help.
         ii) Access to any and all proposed structures shall be continuous around the structures.
         iii) Access grades - concrete or asphalt - shall be listed on print.

City of Muskegon Planning Commission-5/15/03                                                          4
        iv) Access roads shall not be less than 26 feet in width.
6. At the time that the original PUD was approved, it was determined that each parcel could be
   a staff site plan approval as it was developed. This was the case for the GVSU Workstage
   building, which received site plan approval in December of 2002. Given the fact that the
   Gillespie development's site plan is dependent on a PUD amendment which wasn't approved
   yet, staff felt more comfortable bringing their site plan before the Planning Commission for
   review (see Case 2003-20).
7. Staff has not received any phone calls or letters regarding this case.

PHOTOS




DELIBERATION
Standards for discretionary uses: (emphasis provided)

1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
   adjacent use and development.

2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
   increased traffic, noise, vibration, or light.

3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.

4. The proposed site plan complies with section 2313 (4) of the ordinance and has:

                a. proper ingress and egress
                b. sufficient parking areas, streets, roads and alleys
                c. screening walls and/or fences
                d. adequate fire and police protection
                e. provisions for disposal of surface water run-off, sanitary sewage
                f. adequate traffic control and maintenance services
                g. preserves property values to related or adjoining properties.

City of Muskegon Planning Commission - 5/15/03                                                      5
                                  AGENDA ITEM NO.

                           CITY COMMISSION MEETING         05/27/03


TO:          Honorable Mayor and City Commissioners

FROM:        Bryon L. Mazade, City Manager

DATE:        May 9, 2003

RE:          MML-Annual Membership Dues (7/1/03 - 6/30/04)


SUMMARY OF REQUEST:

To obtain permission from the City Commission, in accordance with the Purchasing Policies and
Procedures, to pay the MML Annual Membership Dues for July 1, 2003, through June 30, 2004.



FINANCIAL IMPACT:

MML Membership Dues:              $ 8,689
Environmental Affairs Assessment: $ 1,043
Legal Defense Fund Membership: $ 869

        Total Dues:                    $10,601



BUDGET ACTION REQUIRED:

None. Cost applied to proper budget line items.




STAFF RECOMMENDATION:

Approval.




COMMITTEE RECOMMENDATION:

None.




O:COMMON\DEPTMENnADMIN\AGNDAFRM
JMS - 0: (MML-DUES-2003&2004)
                                                                                                           -------A EGE IVE D
                                                                                                                           MAY        9 2003
                                                                                                                             MUSKEGON
              MICHIGAN                                                                                                 CITY MANAGER'S OFFICE
              MUNICIPAL                                                                          May 2, 2003

           ll.~~.~~~~~K
              ~ W~• itU1i
                    President       Ms. Gail A. Kundinger                                                        r1i:cE:rve:r5-
                                                                                                                 1
            KATE LAWRENCE           Muskegon City Clerk
                  Mayor, Brighton
                                    933 Terrace St.
                                                                                                                       1v/'f OQ 2003
            Vice President
                                    PO Box 536                                                                       City Clerks Office
             MYRON FRASIER          Muskegon,MI49443-0536
       Counci!member, Southfield

                                    Dear Ms. Kundinger:
                     Trustees
                   ALEX ALLIE
 City Manager, Huntington Woods     Enclosed are your Michigan Municipal League renewal invoice and membership
            SHEILA COCKREL          plaque insert that recognizes your continuing membership in the MML. In preparing
          Councilmember, Detroit    your invoice, the state shared revenue figures used for the dues calculation are
      GRETCHEN DRISKELL             accurate to the best of our knowledge.
                    Mayor, Saline

               CRAIG GIERKE         On behalf of the trustees and staff I would like to thank you for your continued
      Councilmember, Escanaba
                                    support of the League. It is only through the cooperation and participation of our
              BARBARA HOLT          municipal members that the League is in a position to help meet the needs of local
         Mayor Pro Tern, Walker
                                    government by providing information, education, political involvement and a host
             ROBERT JONES
              Mayor, Kalamazoo
                                    of other services tailored especially for member cities and villages.
               KURT KIMBALL
     City Manager, Grand Rapids     Your participation in League meetings, conferences, training programs and our
             JAMES LEIDLEIN
                                    miscellaneous services is encouraged as we move into our second century of
    City Manager, Harper Woods      furthering and strengthening the objectives oflocal government.
           THOMAS MARKUS
      City Manager, Birmingham      The three League offices are always available to you, as is the MML's Web site
            SPENCER NEBEL           (www.mml.org).
  City Manager, Sault Ste. Marie

    FLORENCE SCHRADER               Please feel free to call me or any staff member should you have questions.
                 Treasurer, Ubly

     MARGENE ANN SCOTT                                                                           Sincerely,
Councilmember, Madison Heights

            JAMES SINCLAIR
    Councilmember, Rogers City

           JOEL THOMPSON
                  Mayor, Otsego

         MARTY WAZBINSKI
        Mayor Pro Tem, Midland

          JOSEPH YUCHASZ            Enc.
    Vl//age President, Elk Rapids


     Executive Director
    GEORGE D. GOODMAN

                                                                      A member of the National League of Cities
      Web Address                       Headquarters Office                        Lansing Office                          Northern Field Office
         www.mml.org                 1675 Green Road, P.O. Box 1487        320 N. Washington Square, Suite 110              200 Minneapolis Avenue
                                        Ann Arbor, Ml 48106-1487                 Lansing, Ml 48933-1288                    Gladstone, Ml 49837-1931
                                          Phone: 734-662-3246                     Phone 517-485-1314                         Phone. 906-428-0100
                                           Fax: 734-662-8083                       Fax 517-372-7476                           Fax: 906-428-0101
  .~       ~-
                          MICHIGAN MUNICIPAL LEAGUE
            .
       .
                        MEMBERSHIP RENEWAL INVOICE
 MICHIGAN
 MUNICIPAL                           2003 • 2004
:a,1vNnaf.~,r

CITY OF MUSKEGON                                                   Id: 347

Date: May 2, 2003


Membership Period: July 1, 2003 - June 30, 2004

* 2001-2002 State Shared Revenue:             $5,589,263


* Michigan Municipal League Dues                    $8,689
* Environment Affairs Assessment                     1,043
* Legal Defense Fund                                   869

* Total due by July 1, 2003                        $10,601


Please sign, date and return one invoice copy with your payment.

Make checks payable to the Michigan Municipal League and mail
to the address below. Thank you.




(Signature)


(Date)




* See reverse side

                              Michigan Municipal League
                                    P.O. Box 7409
                              Ann Arbor, Ml 48106-7409
                                    800.653.2483
                    Commission Meeting Date: May 27, 2003




Date:          May 20, 2003
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development Cf.L
RE:           Sale of North 20' of Buildable lot on Hoyt Street


SUMMARY OF REQUEST:

To approve the sale of portion of a vacant build able lot described as Terrace Street
Addition, North 20 feet of Lot 20, Block 3 (portion of 1938 Hoyt Street) to Lawrence and
Ruby Burt, 1916 Hoyt Street, Muskegon, Ml 49442. Community and Neighborhood
services owns 1938 Hoyt and is willing to sell the North 20' of it to the adjacent property
owner. Approval of this sale will allow the adjacent property owner to expand their
current yard (see attached map). As is required by City policy, the subject parcel is
being offered for $100 to Lawrence and Ruby Burt.

FINANCIAL IMPACT:

The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:

None.

STAFF RECOMMENDATION:

To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and Quit-Claim Deed.

COMMITTEE RECOMMENDATION:




5/20/2003
                                   CITY OF MUSKEGON

                                    RESOLUTION #2003- 44          ( g)

RESOLUTION APPROVING THE SALE OF PORTION OF A CITY-OWNED BUILDABLE
LOT

WHEREAS, the City of Muskegon has received$ l 00 from Lawrence and Ruby Burt, 1916 Hoyt
Street, Muskegon, MI 49442 for the purchase of a portion of a vacant, City-owned lot located
adjacent to their property at 1938 Hoyt Street. Portion described as TetTace Street Addition,
No1ih 20 feet of Lot 20, Block 3;

WHEREAS, the portion of the lot is not considered buildable under the City's Zoning Ordinance,

WHEREAS, the sale would enable the City to place this prope1iy back on the tax rolls, and
would relieve the City of fmiher maintenance;

WHEREAS, the sale of this prope1iy would be in accordance with prope11y disposition goals;

NOW, THEREFORE BE IT RESOLVED, that Terrace Street Addition, N011h 20 feet of Lot 20,
Block 3, be sold to Lawrence and Ruby Bmi for $100.


Resolution adopted this 27th day of May, 2003.

       Ayes: 7

       Nays:     o

       Absent:




       Gail A. Kundinger, MMC
       Clerk
                                     CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.

                                                    CITY OF MUSKEGON




                                             By
                                                       ~~A
                                                         q~nf=r
                                                            Clerk
  w


Z-•~~


  ;:




        --- -   , ·-~ ,~~~~-L,,U_o'   u   l   LLJ_J__l_J__LLLL   u JJ
                                                        QUIT-CLAIM DEED


KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is 933
Terrace Street, Muskegon, MI 49440,

QUIT CLAIMS TO: LAWRENCE BURT AND RUBY BURT, husband and wife, of 1916 Hoyt Street, Muskegon, Michigan
49442,

the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:

                  Terrace Street Addition, North 20 feet of Lot 20, Block 3

for the sum of: One Hundred and no/100 Dollars ($100.00)

This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).

Dated this 2.1..t.! ~
                                                              Notary Public, Muskegon County, Michigan
Parmenter OToole                                              My commission expires: 7-;n--o Ce
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI49443-0786
Telephone: 231-722-1621

SEND SUBSEQUENT TAX BILLS TO: Grantee
WHEN RECORDED RETURN TO: Grantee
                                          ;i...o o   ~ - '-{ '--\   h)
           Commission Meeting Date: May 27, 2003




Date:       May 13, 2003
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department c._(2:C
RE:         Partial Termination of Lease Agreement- Nelson
            Park, Parcel B


SUMMARY OF REQUEST: In 1994, the City of Muskegon and the
Roman Catholic Diocese of Grand Rapids, entered into a lease for
property in the vacinity of the former St. Joseph's Church (see attached
map). The City developed a neighborhood park on Parcel A. Parcel B
was also included in the lease. The intention for this parcel was to be
used for additional parking for the park. This parking area was never
developed, and is not needed at this time. Meanwhile, St. Joseph's
Church has been demolished and the Diocese is proposing to sell the
property in its entirety, including Parcel B. Since the City has no need
for this parcel, staff is proposing that the City terminate the lease for
Parcel B.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the "Partial Termination of
Lease Agreement" and authorize the Mayor and Clerk to sign the
document.
COMMITTEE RECOMMENDATION: None.
                                  WARNER NORCROSS & JUDD LLP
                                                 ATTORNEYS AT LAW

                                               900 FIFTH THIRO CENTER
                                                 Ill LYON STREET NW
   JAMES J. RABAUT                        GRAND RAPIDS MICHIGAN 49503-2487

     {616) 752-2178                           TELEPHONE (616) 752-2000
D1RtCT FAX !616) 222-2178                        FAX (616) 752-2500
     [email protected]

                                                      April 24, 2003




      Ms. Cathy Brubaker-Clarke
      Director of Planning and Economic Development
      City Hall
      933 Terrace
      Muskegon, Michigan 49443

                Re:     Lease of Muskegon Property

      Dear Ms. Brubaker-Clarke:

                     As you know, pursuant to a Lease dated June 8, 1994 ("Lease") the Diocese of
      Grand Rapids currently leases two parcels of real estate to the City of Muskegon. Parcel A (Lots
      3, 4, and 5 of Block 378 of the revised Plat (of 1903) (of the City of Muskegon)) is leased for
      "park and playground uses." Parcel B (Lot 11 and the Southerly 1/2 of the adjacent vacated alley
      and also the Southerly 100 Feet of Lot 12, of Block 368 of the Revised Plat (of 1903) (of the
      City of Muskegon)) is leased for "parking uses."

                     As you know, the Diocese has had discussions with Mr. Luroskie Craig regarding
      the possible sale of Parcel B. If it is acceptable to the City, the Diocese would like to te1minate
      the Lease with respect to Parcel B. The Lease would continue with respect to Parcel A.

                        Please call me once you have considered this matter.

                                                         Very truly yours,     ~



                                                       CL::L;{
     jab

      cc:      Sister Patrice Konwinski
               Mr. Luroskie Craig


     WXPGR 867439-1
                                       PARMENTER O'TOOLE
                                                          Allomeys al law


                                 175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
                                        Phone 231 .722.1621 • Fax 231 .722.7866 or 231 .728.2206
                                                         www.Parmenlerlaw.com




  June 3, 2003

 Gail A Kundinger, MMC
 City Clerk
 City of Muskegon
 933 Ten-ace
 P.O. Box 536
 Muskegon,MI49443-0536

 Re: St. Joseph's Church Lease

 Dear Ms. Kundinger:

 Enclosed please find two originals of Partial Termination of Lease Agreement involving the
 above-referenced matter. Please sign both originals, retaining one copy and retuning one
 original to me.

 If you have any questions or concerns, please feel free to contact me.

     ryt Hly · ur,

        .         ........_
 ]
 I
( Iynn C. Schrier
1)irect: 231.722.5401
 Fax: 231.728.2206
 E-Mail Address: [email protected]

 Enclosures




 G:IEOSII FILES\0010011213\LTRIAY7410.0OC
                   PARTIAL TERMINATION OF LEASE AGREEMENT


               THIS PARTIAL TERMINATION OF LEASE AGREEMENT is signed as of May
_, 2003, by ROBERT J. ROSE, BISHOP OF THE ROMAN CATHOLIC DIOCESE OF
GRAND RAPIDS, MICHIGAN, of 660 Burton Street, S.E., Grand Rapids, Michigan 49507-
3290 ("Landlord"), and CITY OF MUSKEGON, a Michigan municipal corporation, of 933
Te1rnce Street, Muskegon, Michigan 49443-0536 ("Tenant").

              WHEREAS, on June 8, 1994, Landlord and Tenant entered into a Lease
("Lease") with respect to two parcels of real estate located in the City of Muskegon, Muskegon
County, Michigan (collectively, the "Property").

                AND WHEREAS, the Property consists of two parcels: (i) Parcel A ("Parcel A"),
described as:

       Lots 3, 4 and 5 of Block 378 of the Revised Plat (of 1903) of the City of
       Muskegon,

and (ii) Parcel B ("Parcel B"), described as:

       Lot 11 and the Southerly 1/2 of the adjacent vacated alley, also the Southerly 100
       feet of Lot 12, of Block 368 of the Revised Plat (of 1903) of the City of
       Muskegon, Muskegon County, Michigan.

                AND WHEREAS, Landlord and Tenant desire to te1minate the Lease
with respect to Parcel B.

                NOW THEREFORE, For good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Landlord and Tenant agree that effective as of the
date of this Partial Tetmination of Lease Agreement, the Lease shall terminate with respect to
Parcel B. Except as modified by this Partial Termination of Lease Agreement, the Lease is
ratified and affirmed and shall continue in full force and effect.
                                                 Robe1i J. Rose, Bishop of the Roman
                                                 Catholic Diocese of Grand Rapids,
                                                 Michigan
                                                                             Landlord


                                                 CITY    OF   MUSKEGON,            a    Michigan




                                               And

                                                 By_____::~ ~ ~~ ~~ ~~Md~~:!...._
                                                     Gail A. Kundinger, MMC
                                                     Its Clerk

                                                                                             Tenant


ST ATE OF MICHIGAN                      )
                                        )ss:
COUNTY OF KENT                          )
                                                                                 -6
             The foregoing instrument was acknowledged before me this~1 day of May,
2003, by Robeli J. Rose, Bishop of the Roman Catholic Diocese of Grand Rapids, Michigan.




                                                  : : ; Public, Kent County, Michigan
                                                 My commission expires:     1-S"- () b
                                                                  JOAN M. BERRY
                                                             NOTARY PUBLICKENT CO., Ml
                                                           MYCOMMISSIONEXPIRES Jul 5, 2008




                                          -2-
STATE OF MICHIGAN                      )
                                       )ss:
COUNTY OF MUSKEGON                     )

              The foregoing instrument was aclmowledged before me this            91A
                                                                       day of 'l:f.~,
2003, by Stephen J. Warmington, the Mayor of the CITY OF MUSKEGON, a Michigan
municipal corporation, on behalf of said corporation.




                                                  L/ncfq     S.           /lof-rt"r
                                                 Notary Public, Muskegon County, Michigan
                                                 My commission expires:   9 - c?.S--o?


STATE OF MICHIGAN                      )
                                       )ss:
COUNTY OF MUSKEGON                     )
                                                                                  CJ . I   0U/1<:,
              The foregoing instrument was aclmowledged before me this ~ day of May;:
2003, by Gail A. Kundinger, MMC, the Clerk of the CITY OF MUSKEGON, a Michigan
municipal corporation, on behalf of said corporation.




                                                 L/ncff;f   S.    /   0   t/('r
                                                 Notary Public, Muskegon County, Michigan
                                                 My commission expires:   9 - dS- tJ C,



PREPARED BY AND RETURN TO:
James J. Rabaut, Esq.
WARNER NORCROSS & JUDD LLP
111 Lyon Street, NW, Suite 900
Grand Rapids, Michigan 49503-2487
Telephone: (616) 752-2000
871794




                                           -3-
                           C!TY OF MUSKEGON
         CENTRAL NELSON PARK REHABILITATION PROJECT
                          SITE MAP

                PROPOSED IMPROVEMENTS
     (Design To Be Coordinated With Neighborhood
                Groups And Residents)




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                                                                                                                     "v.
71                         ,.                .............. -                                                  II
                                                    ~oo3, L\,'S~
                    Commission Meeting Date: May 27, 2003

Date:          May 14, 2003
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development                C/!; C-
RE:            Public Hearing - Request for the Establishment of an
               Industrial Development District - Graphics Unlimited


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, Graphics Unlimited, 2304 Olthoff
Drive, Muskegon, Michigan, has requested the establishment of an Industrial
Development District for property located at 2304 Olthoff Drive, Muskegon, Michigan.

FINANCIAL IMPACT:

None until an Industrial Facilities Exemption Certificate is issued.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution establishing the Industrial Development District for
Graphics Unlimited.

COMMITTEE RECOMMENDATION:

None




                                Resolution No. - - -



5/14/2003
                                2003-45 (a)

                            MUSKEGON CITY COMMISSION

                     RESOLUTION APPROVING REQUEST
          FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT
                            Graphics Unlimited

WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, the City
of Muskegon has the authority to establish an "Industrial Development District" within
the City of Muskegon; and

WHEREAS, Graphics Unlimited, 2304 Olthoff Drive, Muskegon, Michigan, has
requested the City of Muskegon to establish an Industrial Development District on
property located at 2304 Olthoff Drive, Muskegon, hereinafter described; and

WHEREAS, Graphics Unlimited presently operations a production facility within the
Industrial Development District; and

WHEREAS, construction, acquisition, alterations, or installation of proposed machinery
and equipment has not commenced at the time of filing the request to establish this
district; and

WHEREAS, written notice has been given by mail to all owners of real property located
within the proposed district, and to the public by newspaper advertisement in the
Muskegon Chronicle and public posting of the hearing on the establishment of the
proposed district; and

WHEREAS, a public hearing on the establishment of an Industrial Development District
was held on May 27, 2003, at the regular City Commission meeting at the Muskegon
City Hall at which time all of the owners of real property within the proposed district, all
residents and taxpayers of the City of Muskegon, and the affected taxing jurisdictions
were afforded an opportunity to be heard thereon.

NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission deems
it to be in the best interest of the City of Muskegon that the following described land
situated in the City of Muskegon, Muskegon County, and the State of Michigan, to wit:

          CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER 4 LOT 41

Be and here established as an Industrial Development District pursuant to the
provisions of Act 198 of the Public Acts of 1974 to be known as Graphics Unlimited
Development District No. - - -




5/14/03                                                                                 2
BE IT FURTHER RESOLVED that the Industrial Development District will be rescinded
following the completion of capital acquisition and/or improvement activities.

Resolution declared adopted.

Ayes: 7

Nays:     o

Absent:   o




I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan, at a regular meeting held on May 27, 2003.        . /

                                              ~~~~r-v
                                                   Gail Kundinger
                                                   Clerk, MMC




5/14/03                                                                                3
                                           ~oo3 - c..\ S 6)
              Commission Meeting Date: May 27, 2003




Date:          May 20, 2003
To:            Honorable Mayor & City Commission
From:         Planning & Economic Development Department cr->:>c...
RE:           Public Hearing for Amendment to Brownfield
              Plan- Verplank Dock Co.


SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting an amendment for the Brownfield Plan. The
amendment is for the inclusion of property owned by Verplank Dock Co., located at
205 E. Western Avenue, in the Brownfield Plan.

FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendment, although the expansion of the current Verplank Dock Co. to the
new site will add to the tax base of the City of Muskegon.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.

COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for May 27, 2003, at their April 22, 2003 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on April 15, 2003 and further recommends
that the Muskegon City Commission approve the Plan amendment.
            CITY OF MUSKEGON
   BROWNFIELD REDEVELOPMENT AUTHORITY

         BROWNFIELD PLAN AMENDMENT


Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998.

Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998.

Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on August 10, 1998

Amended by the City Commission of the City of Muskegon on August 11, 1998

Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on Aoril 15, 2003

Amended bv the City Commission of the City of Muskegon on
                       City of Muskegon Brownfield Plan Amendment
                                        April 2003




                         CITY OF MUSKEGON
                BROWNFIELD REDEVELOPMENT AUTHORITY
                         BROWNFIELD PLAN

                                       INDEX




I.      INTRODUCTION
II.     GENERAL PROVISIONS

        A.    Costs of the Brownfield Plan
        B.    Maximum Amount of Indebtedness
        C.    Duration of the Brownfield Plan
        D.    Displacement/Relocation of Individuals on
              Eligible Properlies
       · E.   Local Site Remediation Revolving Fund

Ill.    SITE SPECIFIC PROVISIONS

        A.    Kirksey/Anaconda Property (Approved 4/14/98)

        B.    Dilesco Corporation Property (Approved 8/11/98)

        C.    Verplank Dock Company (Approved-----~
                        City of Muskegon Brownfield Plan Amendment
                                         April 2003



I. INTRODUCTION

In order to promote the revitalization of commercial, industrial, and residential
properties within the boundaries of the City of Muskegon (the "City"), the City
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act
381"), and a resolution adopted by the Muskegon City Commission on February
10, 1998.

The major purpose of this Brownfield Plan ("Plan") is to promote the
redevelopment of eligible properlies within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's
Part 201 Generic Cleanup Criteria Criteria ("facilities') or that have been
determined to be Functionally Obsolete or Blighted. Inclusion of property within
this Plan can facilitate financing of environmental response activities,
infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properlies; and may also provide tax incentives
to eligible taxpayers willing to invest in revitalization of eligible properlies. By
facilitating redevelopment of underutilized eligible properties, the Plan is intended
to promote economic growth fro the benefit of the residents of the City and all
taxing units located within and benefited by the Authority.

This plan is intended to be a living document, which can be amended as
necessary to achieve the purposes of Act 381. It is specifically anticipated that
properties will be continually added to the Plan as new projects are identified.
The Plan contains general provisions applicable to each site included in the
Plan, as well as property-specific information for each project. The applicable
Sections of Act 381 are noted throughout the Plan for reference purposes.

This Brownfield Plan contains the information required by Section 13(1) of Act
381, as amended. Additional information is available from the City Manager.
                         City of Muskegon Brownfield Plan Amendment
                                          April 2003




II. GENERAL PROVISIONS

A. Costs of the Brownfield Plan (Section 13(1 )(a))

         Any site-specific costs of implementing this Plan are described in the site-
specific section of the Plan. Site-specific sources of funding may include tax
increment financing revenue generated from new development on eligible
brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the
Plan, tax increment revenues may be used to reimburse the private parties. The
initial costs related to preparation of the Brownfield Plan were funded by the
City's general fund. Subsequent amendments to the Plan are funded by the
person requesting inclusion of a project in the Plan.

         The Authority intends lo pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
including, but not limited to:
    i)      the cost of financial tracking and auditing the funds of the Authority,
    ii)     costs for amending and/or updating this Plan, including legal fees, and
    iii)    costs for Plan implementation
with any eligible tax increment revenues collected pursuant to the Plan.
However, at this time, there are no properties included in this plan that will utilize
tax increment financing and therefore there are currently no tax increment
revenues to pay for these costs. As noted above, most costs related to the
preparation of Plan amendments are borne by the person requesting inclusion of
a project within the Plan.

B. Method for Financing Costs of Plan (Section 13(1 )(d) and (e)))

The Authority does not intend at this time to incur debt, such as through the
issuance of bonds or other financing mechanisms. In the future, the City or
Brownfield Authority may incur some debt on a site-specific basis. Please refer
to the site-specific section of this Plan for details on any debt to be incurred by
the City or Authority. When a property proposed for inclusion in the Plan is in an
area where tax increment financing is a viable option, the Authority intends to
enter into Development Agreements with the property owners/developers of a
properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific
section of the Plan.
                           City of Muskegon Brownfield Plan Amendment
                                            April 2003



C. Duration of the Brownfield Plan (Section 13(1 )(f))

        The Plan, as it applies to a specific eligible property, shall be effective up
to five (5) years after the year in which the total amount of any tax increment
revenue captured is equal to the total costs of eligible activities attributable to the
specific eligible property, or thirty (30) years from the date of approval of the Plan
as it relates to an individual site, whichever is less. The total costs of eligible
activities include the cost of principal and interest on any note or obligation
issued by the Authority to pay for the costs of eligible activities, the reasonable
costs of a work plan or remedial action plan, the actual costs of the Michigan
Department of Environmental Quality's or Michigan Economic Growth Authority's
review of the work plan or remedial action plan, and implementation of the
eligible activities.

D. DisplacemenURelocation of Individuals on Eligible Properties
   (Section 13(1 )i, j,k,/))

        At this time, eligible properties identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properties that will require the relocation of residences.
Therefore the provisions of Section 13(1)(i-l) are not applicable at this time.

E. Local Site Remediation Revolving Fund (Section 8; Section 13(1)(m))

        At the time this Plan includes a property for which taxes will be captured
through the increment financing authority provided by Act 381, it is the
Authority's intent to establish a Local Site Remediation Revolving Fund ("Fund").
The Fund will consist of tax increment revenues that exceed the costs of eligible
activities incurred on an eligible property, as specified in Section 13(5) of Act
381. Section 13(5) authorizes the capture of tax increment revenue from an
eligible property for up to 5 years after the time that capture is required for the
purposes of paying the costs of eligible activities identified in the Plan. It is the
intention of the Authority to continue to capture tax increment revenues for 5
years after eligible activities are funded from those properties identified for tax
capture in the Plan. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured
for eligible activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.

        The Revolving Fund may be used to reimburse the Authority, the City, and
private parties for the costs of eligible activities at eligible properties and other
costs as permitted by Act 381. It may also be used for eligible activities on
eligible properties for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
                      City of Muskegon Brownfield Plan Amendment
                                       April 2003



Authority in facilitating redevelopment of brownfield properties by providing
another source of financing for necessary eligible activities.
                          City of Muskegon Brownfield Plan Amendment
                                           April 2003




Ill.    SITE SPECIFIC PROVISIONS


        C. Verplank Dock Company

Eligibility and Project Summary (Sec. 13(1 )(h)

Verplank Dock Company is located at 205 E. Western Avenue, Muskegon,
Michigan ("Verplank Property"). A Legal Description and map of the Verplank
Property is included in Attachment C-1. The Verplank Dock Company recently
acquired this 53-acre property, which was formerly used by Consumers Energy
as a fly ash disposal site. A Baseline Environmental Assessment, conducted
pursuant to Part 201 of Michigan's Natural Resources and Environmental
Protection Act, was completed for the property on December 8, 1999. The BEA
and an accompanying Section ?a (Due Care) Compliance Analysis was affirmed
by the Michigan Department of Environmental Quality on January 3, 2000.

The BEA concludes that the property is a "facility" pursuant to Part 201, and is
therefore an eligible properly pursuant to Act 381. This eligible properly includes
all personal property.

Verplank Dock Company intends to construct a commercial ship canal and
loading dock for the delivery and storage of aggregate. The canal will be
approximately 30 feet deep and material excavated from the canal will be placed
on-site to raise and even elevation. The fly ash from the surface of the
excavation will be capped by clean soils as well as by six inches of aggregate.
Verplank Dock also plans to construct an office and scale on the northwest
portion of the property.

Current plans are to initiate pre-construction activities upon approval of this Plan,
with completion in approximately 2 years. Verplank Dock Company has
represented that the estimated total capital investment for the project is $6
million. Two jobs are likely to be transferred to the new dock and an estimated
two new jobs created.

Eligible Activities, Financing, Cost of Plan (Sec. 31 (1 )(a),(b),(c),(d),(g))

Eligible activities that have been conducted on the property include preparation
of a Baseline Environmental Assessment and Section ?a (Due Care)
Compliance Analysis. Future eligible activities would likely be related to Due
Care response activities. The property owner is funding these costs, therefore
there are no eligible costs being financed with tax increment revenues. As such,
                        City of Muskegon Brownfield Plan Amendment
                                         April 2003



there are no costs to the City of Muskegon or its taxing jurisdictions as a result of
the Verplank property being included in this Plan.

Single Business Tax Credit

The Verplank Property is included in the Plan to enable "qualified taxpayers" as
defined by Act 228 of 1975, as amended, to avail themselves of eligibility for a
credit against their Michigan single business tax liability for "eligible investments"
as defined by P.A. 228. "Eligible investments" include demolition, construction,
restoration, alteration, renovation, or improvement of buildings or site
improvements on eligible property and the addition of machinery, equipment, and
fixtures to eligible properly after the effective date of this Plan Amendment.

Effective Date of Inclusion in Brownfield Plan

The Verplank Property was added to this Plan on _ _ _ _ _.2003.
City of Muskegon Brownfield Plan Amendment
                 April 2003




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                                                                                                                         ., .. /,'.· ".T ~.X.
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        6:30 ~"', 5:00 PM, ,-o~ · FRI. OVR PHO~!; Nl,/MaER,                                           .. ,.. :.T•"~~l~ \li,ue/·' ,,:-s·a,,;·
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        15 VOID, MAl Pi;,nr
                                                    151 North Causeway
                                                    Muskegon, Ml 49445
                                                                              Tel: 231 727 6100
                                                                              Fa,: 23> 721 62$1

        May 22, 2003

        The Muskegon Planning Commission
        C/O Ms. Brenda Moore
        Muskegon City Hall
        93 3 Terrace Street
        P.O. Box536
        Muskegon, MI 49443-0536


        Planning Commissioners:

        On behalf of Consumers Energy Co. and the B.C. Cobb Generating Plant, I am writing in
        support ofVerplank Dock Co.'s request for brownfield designation for its property along
        Muskegon Lake immediately to the south of our complex.

        Verplank's planned development of this site is in keeping with the city's "Port Node"
        designation 1Nhich we have supported since its inception several years ago and
        compliments other uses on this end of the lake as envisioned by the City's Waterfront
        Redevelopment Plan.

        The state's Brownfield Redevelopment Act is a strong economic development tool to
        encourage reuse of urban properties. I strongly encourage the Planning Commission to
        act favorably upon Verplank Dock Co. 's request.

        Our Plant Communications Director, Roger Morgenstern, will represent the Company at
        the May 27 public hearing if you have any questions regarding this matter.


         Sine ely,            1:-t   U.JJ
         Ro ert . Malec
         Plant Business Manager


         cc
         Roger Morgenstern, B.C. Cobb
         Joseph Bums, Verplank Dock Co.
         File




                                                                                      **   TOTAL PRGE.02    **
                           ~.     2003-45 (b)

        RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT

                                 City of Muskegon

                          County of Muskegon, Michigan



Minutes of a Regular Meeting of the City Commission of the City of Muskegon,

County of Muskegon, Michigan (the "City"), held in the City Commission Chambers,

on the 27th day of_~M=a_,_y_ _~• 2003, at   s: 30 o'clock p.m., prevailing Eastern
Time.

PRESENT:      Members

 Mayor Warmington, Vice Mayor Buie, Commissioners; Gawron, Larson

Schweifler, Shepherd, Spataro



ABSENT:       Members



        The following    preamble and    resolution   were   offered   by   Member

  Spataro               and supported by Member_B_u_i_e_ _ _ _ __

        WHEREAS, in accordance with the provisions of Act 381, Public Acts of

Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield

Redevelopment Authority (the "Authority") has prepared and approved a Brownfield

Plan Amendment; and

        WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to

the City Commission requesting its approval of the Brownfield Plan Amendment;

and
       WHEREAS, the City Commission has provided notice and a reasonable

opportunity to the taxing jurisdictions levying taxes subject to capture to express

their views and recommendations regarding the Brownfield Plan, as required by Act

381;and

       WHEREAS, not less than 20 days has passed since the City Commission

provided notice of the proposed Brownfield Plan to the taxing units; and

       WHEREAS, the City Commission held a public hearing on the proposed

Brownfield Plan on May 27, 2003.

       NOW, THEREFORE, BE IT RESOLVED, THAT:

       1.      Definitions. Where used in this Resolution the terms set forth below

shall have the following meaning unless the context clearly requires otherwise:

       "Eligible Property" means the property designated in the Brownfield Plan as

the Eligible Property, as described in Act 381.

       "Brownfield Plan" means the Brownfield Plan prepared by the Authority, as

transmitted to the City Clerk by the Authority for approval, copies of which

Brownfield Plan are on file in the office of the City Clerk.

       "Taxing Jurisdiction" shall mean each unit of government levying an ad

valorem property tax on the Eligible Property.

       2.      Public Purpose. The City Commission hereby determines that the

Brownfield Plan Amendment constitutes a public purpose.

       3.      Best Interest of the Public. The City Commission hereby determines

that it is in the best interests of the public to promote the revitalization of eligible

properties in the City to proceed with the Brownfield Plan Amendment.
4.     Review Considerations. As required by Act 381, the City Commission has,

       in reviewing the Brownfield Plan Amendment, taken into consideration

       whether the Brownfield Plan Amendment meets the requirements set forth in

       Section 13 of Act 381.

5.     Approval and Adoption of Brownfield Plan Amendment.           The Brownfield

       Plan Amendment as submitted by the Authority is hereby approved and

       adopted. A copy of the Brownfield Plan and all amendments thereto shall be

       maintained on file in the City Clerk's office.

6.     No Capture of Tax Increment Revenues by Authority. The Authority shall

       not capture Tax Increment Revenues on the Eligible Property, as described

       in the Brownfield Plan Amendment.

7.     Disclaimer. By adoption of this resolution and approval of the Brownfield

       Plan Amendment, the City assumes no obligation or liability to the owner,

       developer or lessor of the Eligible Property for any loss or damage that may

       result to such persons from the adoption of this resolution and Brownfield

       Plan Amendment The City makes no guarantees or representations as to

       the determinations of the appropriate state officials regarding the ability of

       the owner, developer or lessor to qualify for a single business tax credit

       pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to

       the ability of the Authority to capture tax increment revenues from the State

       and local school district taxes for the Brownfield Plan.

8.     Repealer. All resolutions and parts of resolutions insofar as they conflict

with the provisions of this resolution be and the same hereby are rescinded.
AYES:          Members

  Euie, Gawron, Schweifler, Shepherd, Spataro




NAYS:

Members Larson, Warmington



RESOLUTION DECLARED ADOPTED.




I hereby certify that the foregoing is a true and complete copy of a resolution

adopted by the City Commission of the City of Muskegon, County of Muskegon,

State of Michigan, at a regular meeting held on May 27, 2003, and that said

meeting was conducted and public notice of said meeting was given pursuant to

and in full compliance with the Open Meetings Act, being Act 267, Public Acts of

Michigan, 1976, as amended, and that the minutes of said meeting were kept and

will be or have been made available as required by said Act.




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t:Bnsultzet'S S:311W            ::>
      A CMS f1le((Jy Compafly                   8. C. Cobl)Pi,nr                                 Tel: 231 127 6100
                                                151 Nonh Causewiy                                Fax: 231 727 6251
                                                Muskegon, Ml 49445
    May 22, 2003

    The Muskegon Planning Commission
    C/O Ms. Brenda Moore
    Muskegon City Hall
    933 Terrace Street
    P.O. Box536
    Muskegon,MI49443-0536


    Planning Commissioners:

    On behalf of Consumers Energy Co. and the B.C. Cobb Generating Plant, I run writing in
    support ofVerplank Dock Co.'s request for brownfield designation for its property along
    Muskegon Lake immediately to the south of our complex.

    Verplank's planned development of this site is in keeping with the city's "Port Node"
    designation wbicb we have supported since its inception several years ago and
    compliments other uses on this end of the lake as envisioned by the City's Waterfront
    Redevelopment Plan.

    The state's Brownfield Redevelopment Act is a strong economic development tool to
    encourage reuse of urban properties. I strongly encourage the Planning Commission to
    act favorably upon Verplank Dock Co. 's request.

    Our Plant Communications Director, Roger Morgenstern, will represent the Company at
    the May 27 public hearing if you have any questions regarding this matter.

    Sine ely,       l-l   u     ~

    Ro ert . Malec
    Plant Business Manager


    cc
    Roger Morgenstern, B.C. Cobb
    Joseph Burns, Verplank Dock Co.
    File




                                                                                                         **   TOTAL PAGE.02   **

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