City Commission Packet 10-25-2016

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    CITY OF MUSKEGON
     CITY COMMISSION MEETING
                   OCTOBER 25, 2016
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                              AGENDA

□   CALL TO ORDER:
□   PRAYER:
□   PLEDGE OF ALLEGIANCE:
□   ROLL CALL:
□   HONORS AND AWARDS:
    A. Resolution Recognizing Adopt-A-Lot Sponsors in Nelson Neighborhood
□   INTRODUCTIONS/PRESENTATION:
□   CITY MANAGER’S REPORT:
□   CONSENT AGENDA:
    A. Approval of Minutes City Clerk
    B. Permanent Traffic Control Order – Remove Traffic Signal and Install
       permanent “Stop” signs at Western Avenue and 4th Street, per Traffic
       Control order #28-(2016). Department of Public Works
    C. Permanent Traffic Control Order – Remove Traffic Signal at Clay Avenue
       and 3rd Street and Install permanent “Stop” sings at Clay Avenue, per
       Control order #29-(2016). Department of Public Works
    D. Permanent Traffic Control Order – Remove Traffic Signal and Install
       permanent “Stop” signs at Muskegon Avenue and 1st Street, per Traffic
       Control order #30-(2016). Department of Public Works
    E. Removal of Street Lights on Ottawa Avenue Department of Public
       Works
    F. Police Cruisers Department of Public Works/Equipment
    G. Amendment to the Zoning Ordinance            Planning & Economic
       Development
    H. Authorize Muskegon County to Adopt and Enforce a Storm Water
       Runoff and Post-Construction Ordinance Planning & Economic

                                      Page 1 of 2
           Development
       I. Request to Add Parcels to the City’s Existing Groundwater Ordinance
          Planning & Economic Development
       J. Quit Claim Five (5) Residential Properties to the Muskegon County Land
          Bank Authority for Demolition Through the Hardest Hit 2 Funds Blight
          Grant    Planning & Economic Development
       K. West Michigan Metropolitan Transportation Planning Program
          (WestPlan) Dues FY 2016 (October 1, 2016 – September 30, 2017) City
          Manager
□   PUBLIC HEARINGS:
       A. BID Special Assessment – Resolution Confirming Special Assessment
          Roll     Planning & Economic Development
       B. Confirmation of Special Assessment Roll – Street Lighting                           Treasurer
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish Public Safety
               2152 S. Getty
       B. City and Consumer’s Energy Contract for Street Lights Upgrade to LED
          Department of Public Works
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

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




                                                       Page 2 of 2
Memorandum
To:    Mayor and Commissioners

From: Frank Peterson

Re:    City Commission Meeting

Date: October 20, 2016

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

1.     We will have a special recognition for all of the people/groups that adopted lots in the
       Nelson Neighborhood.
2.     Under the consent agenda, we are asking the Commission for approval of the following:
       a. Last meeting’s minutes.
       b. A traffic control order removing the traffic light at Western Avenue and 4th Street.
           The signal would be replaced with 4-way stop signs.
       c. A traffic control order removing the traffic signal at Clay Avenue and Third Street.
           Clay Avenue would STOP while Third Street would flow freely without a stop sign.
       d. A traffic control order to remove the traffic signal at Muskegon Avenue and First
           Street. The signal would be replaced with three-way stop signs (this signal has
           already been removed).
       e. Remove of a number of street lights on Ottawa Street. The total number of lights
           removed will be 27.
       f. The purchase of three police cruisers. These Chevy Impalas will be fully marked with
           light-bars on the top of the vehicles.
       g. An amendment to the zoning ordinance, as recommended by the Planning
           Commission. The amendment would require dance halls to receive a special use
           permit in the B-1 district.
       h. Authorization for Muskegon County to adopt and enforce a storm water runoff and
           post-construction ordinance in the City of Muskegon. We are one of the last cities in
           the metro area to consider this ordinance. It will be a change for our
           residents/developers compared to what is currently practiced. For most
           improvements, applicants will be required to receive a storm water permit and pay
           a $600 fee to the county drain commissioner.
       i. A request to add parcels to the City’s groundwater ordinance. This item already came
           before the commission; however, there were a number of mistakes in the address
          list provided by the consultant. Accordingly, we are asking the commission to add
          this updated list of properties to the ordinance.
     j.   Approval to quit claim transfer five properties to the County Land Bank to allow for
          demolition with grant funds. These properties are owned by the city and would have
          been our cost to demolish. This move will save us $70,000 in demolition costs and
          shift the burden for long-term maintenance (mowing) to the Land Bank.
     k.   Approval to make annual payments toward the West Plan (WMSRDC) at a level not
          to exceed $20,000. We make this payment every year (it’s budgeted), but we have
          annually also passed a resolution authorizing payment. Going forward, we will not
          have an annual resolution unless the costs exceed $20,000. The annual costs are
          currently a between $16,000 and $17,000.

3.   Under public hearings, we will have two items:
        a. The second and final hearing associated with the renewal of the Downtown
           Business Improvement District.
        b. The second and final hearing associated with the proposed LED Streetlight
           Assessment.

4.   Under new business, we will be asking the Commission to approve the following:
        a. Concurrence with the Housing Board of Appeals to demolish the structure at 2152
           South Getty. This is the former Pletcher Furniture Building. It’s in bad shape and
           is owned by the County Land Bank – being sold on land contract.
        b. Authorization to enter into a contract with Consumers Energy to upgrade to LED
           streetlights.
Date:      October 19, 2016
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Meisch, City Clerk
RE:        Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the October 10, 2016
Worksession Meeting and the October 11, 2016 Regular City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


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

                              Monday, October 10, 2016
                        Muskegon City Commission Chambers
                       933 Terrace Street, Muskegon, MI 49440
                                       5:30 PM

                                      Minutes
2016-76
Present:     Commissioners Johnson, Gawron, Hood, Warren, Rinsema-Sybenga (left
             at 7:15), and Turnquist
Absent:      Commissioner German


HUB (formerly MAREC) Presentation
Kevin Ricco presented information about the HUB which is going through some
branding and directional changes. The HUB offers businesses incubation opportunity
and their tenant space is currently full. The two components are either brick & mortar or
an affiliate program. The affiliate program offers coaching, marketing, funding
assistance, meeting space, and provides a legitimate business address. The brick and
mortar component offers up to 4,200 square feet of coworking space, assigned desk
space (at an additional cost), internet, printer, scanner, copier, and meeting rooms
along with free coffee and snacks. Fees begin from as little as $20.

SBDC – Business accelerator fund up to $50,000 start-up.

There will be an open house at the HUB on October 27, 2016 from 4:00 PM – 6:00 PM

Critical Dune Update (PM Park)
Jamie Pesch, intern for the Planning & Economic Development Department, presented
information to the Commission regarding potential action at Pere Marquette Park and is
proposing to create a Critical Dune Ordinance.

Miscellaneous Projects Update

      1.     Heritage District Lighting Update
      2.     Western Avenue Parking Lot for Sale
      3.     Reorganization at City Hall
                       a. CNS & Planning w/ DPW
                       b. Public Safety – all code related
                       c. Finance/Administrative
                                i. Clerk & Affirmative Action
                               ii. Clerk – Farmer’s Market
                       d. Planning Coordinator (Part time) to work with City Manager
                       e. Add a help desk – Automated kiosk
                        f. Use Management Teams
      4.     LC Walker Arena – information on utilization information
      5.     City Hall Improvements
                        a. New Elevator
                        b. HVAC
      6.     Price adjustment on Midtown Square
      7.     Two new NEZ’s coming
      8.     Re-evaluate HOME & CDBG – invest to create more mixed income
             housing
      9.     DPW Move to more central part of the City, Eight or Nine Million
             dollar expense
      10.    Marina – make improvements for public, replace dock
      11.    Clay & Jefferson Parking Lot
      12.    Street Improvements

2016-77 New Business
At the regular City Commission meeting held September 27, 2016 the City Commission
did adopt resolution 2016-75(B), creating a Special Assessment District for Downtown
Muskegon Business Improvement District (BID). The City Commission needs to appoint
two City Commissioners to a Board of Assessors along with the City Assessor, who is
directed to prepare an assessment roll.

MOTION by Commissioner Turnquist, second by Vice Mayor Hood, to appoint
Commissioners Dan Rinsema-Sybenga and Ken Johnson to the Board of
Assessors for the Business Improvement District Special Assessment District.

ROLL VOTE:                Ayes: Gawron, Hood, Warren, Turnquist, and Johnson

MOTION PASSES

Adjournment
Moved by Hood, seconded by Johnson, to adjourn the meeting at 8:47 p.m.

MOTION PASSES


                                                ______________________________
                                                 Ann Marie Meisch, MMC – City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                     OCTOBER 11, 2016
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                  MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, October 11, 2016. Pastor
George Monroe, Evanston Avenue Baptist Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen J. Gawron, Commissioners Debra Warren, Willie
German, Jr., Dan Rinsema-Sybenga, Byron Turnquist, and Ken Johnson, City
Manager Franklin Peterson, City Attorney John Schrier, and City Clerk Ann
Meisch.
Absent: Vice Mayor Hood
2016-78     INTRODUCTIONS/PRESENTATION:
      A. Diamond Sponsor Recognition
The City hosted a Farmer’s Market Fundraising dinner on Saturday, September
10, 2016 – the Diamond level sponsors of this event were recognized and
thanked by the Mayor and City Commission. Tom Lundholm of Scrib’s Pizza, Julie
Balgooyen of the Julie Balgooyen Agency, and Jim Gawron of Mid State Title
were all Diamond level sponsors.
Carrie Uthe presented information about a Medication Disposal event coming
up and the Medication Disposal Program in place.
2016-79     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the September 27, 2016
Regular City Commission Meeting.
FINANCIAL IMPACT:       None.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:           Approval of the minutes.

                                         Page 1 of 6
      B. Demolition Agreement Between City and Kirksey Investment
         Corporation – 1133 W. Western Avenue Planning & Economic
         Development
SUMMARY OF REQUEST: On August 23, 2016, the City Commission concurred
with the findings of the Housing Board of Appeals that the structure located at
1133 W. Western Avenue is unsafe, substandard, a public nuisance and that it
be demolished. The Commission allowed for time for City staff to work with the
property owner on an agreement for them to conduct the demolition process
themselves in a timely manner. An agreement has been reached requiring both
the demolition and the site restoration. The demolition is to be completed by
December 15, 2016, with restoration being completed by May 31, 2017.
Basement walls are to be removed to a minimum of 36 inches below grade and
the former basement is to be filled with clean sand, topped with black dirt, and
hydroseeded.
FINANCIAL IMPACT:         Upon execution of the Agreement, Mr. Kirksey is to
deposit the sum of $75,000 with the City. If the demolition and restoration are
completed as specified, the funds will be returned to Mr. Kirksey. Otherwise, they
will be used by the City to complete the project.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:         To approve the Demolition Agreement and
authorize the Mayor and Clerk to sign.
      D. LC Walker Arena Vision and Branding           City Manager
SUMMARY OF REQUEST: The City’s recent decision to pursue a restaurant and
distillery to occupy a portion of the LC Walker Arena has led to inquiries from
numerous other businesses looking to create similar and compatible businesses
at the LC. Before moving forward to consider any of these requests, city staff is
asking to have a professional arena designer/developer help create a vision for
the arena. This visioning exercise will help us better understand current trends in
area usage and develop the best product for the community. Accordingly, staff
is seeking permission to enter into an agreement with Rossetti Architecture to
create a conceptual plan for the re-visioning of the LC Walker Arena.
FINANCIAL IMPACT:        Not to exceed $10,000
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:         To approve the agreement with Rossetti and
authorize the City Manager to sign.
      E. Lakeshore Museum Loan Agreement (LaFrance Fire Truck) Public
         Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the Lakeshore Museum Center Loan

                                         Page 2 of 6
Agreement relating to the 1923 American LaFrance Fire Truck with attached
equipment. Currently, the LaFrance is on display at the Fire House Museum (Clay
Avenue).
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:            Staff recommends approval of this loan
agreement.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the Consent Agenda as presented with the exception of Items C and F.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
            Nays: None
MOTION PASSES
2016-80   ITEMS REMOVED FROM CONSENT AGENDA:
      C. 3rd Amendment to Employment Agreement              City Manager
SUMMARY OF REQUEST: To amend the City Manager’s Employment Agreement
with an effective date of October 1, 2016.
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:     To approve the amendment to the City
Manager’s Employment Agreement.
Motion by Mayor Gawron, second by Commissioner Warren, to approve the
amendment to the City Manager’s Employment Agreement.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Warren
            Nays: None
MOTION PASSES
      F. Heritage District Lighting Agreement          Engineering
SUMMARY OF REQUEST: Over the past two years, staff has worked with
representatives from the Heritage District Association as well as property owners
in the Heritage District to accomplish the re-lighting of their decorative street
lights. We have negotiated an agreement that will allow for the lights to be
activated and eventually upgraded to LED fixtures.
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None.

                                         Page 3 of 6
STAFF RECOMMENDATION:           To approve lighting agreement and
corresponding easement agreements as presented, and authorize the
reactivation of the Heritage District lights.
Motion by Commissioner German, second by Commissioner Johnson, to
approve the lighting agreement and corresponding easement agreements as
presented and authorize the reactivation of the Heritage District lights.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
           German
             Nays: None
MOTION PASSES
2016-81   PUBLIC HEARINGS:
      A. Create City Wide Special Assessment for Street Lights       Treasurer
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the entire city and appoint two City Commissioners to the Board
of Assessors if it is determined to proceed with the project.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:            To create the special assessment for all eligible
parcels for the entire city and assign two City Commissioners to the Board of
Assessors by adopting the resolution.
PUBLIC HEARING COMMENCED:
Public Participation: the following members of the public spoke regarding the
creating of the district for a special assessment for street lights.
In Opposition:
      Joel Seyferth, 2335 Bluffton            Roger Nielsen, 420 Carmen
                                              (owns several properties)
      Lyle Cater, 2035 Letart                 Susan Lyme, 3340 Millard
      Earlene Noffsinger, 1168 W. Laketon Joanne Bromley, 17290 Woodland Ln
      Shawn Tate, 287 McLaughlin              William Anderson, 845 Catherine
      Ratan Khatri, 1478 E. Ellis Road        Peter Waltz, 39 Porter Road
      (owns several properties)
      Joshua Eldenbrady, 1336 Spring          Jesus Pena, 1851 Walnut
      Shirley Booker, 333 Oak Ave             Michael Haueisen, 903 Turner
      August Panici, 2137 Hudson
Ken Grant, City Treasurer, report that there was a 10.99% (1,578) opposition to


                                          Page 4 of 6
date.
In Favor:
        Bob Kuhn, 3080 W. Sherman             Jen Sanocki, 1417 Lakeshore Dr.
The following did not specify in favor or opposition:
        Robin Small, 2236 Dowd                Harvey Hammond, 1191 Sanford

Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to close the public hearing and create the special assessment district for all
eligible parcels for the entire city and to assign two City Commissioners to the
Board of Assessors by adopting the resolution.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, and Rinsema-Sybenga
             Nays: German
MOTION PASSES
Commissioners Turnquist and Warren are appointed to the Board of Assessors.
2016-82      NEW BUSINESS:
        A. Western Avenue Parking Lot- Agreement of Purchase & Sale between
           the City of Muskegon and Core Financial Corporation City Manager
SUMMARY OF REQUEST: Harold Back of Core Financial Corporation, has offered
$300,000 to purchase the City’s Western Avenue Parking Lot between Fourth &
Fifth Streets. Core Financial will continue to use the property for public parking,
including commitments agreed to for Lumberjack parking, for a year. After that
time, the purchaser expects to develop the property. The property includes one
lot that is technically owned by the DDA. This lot will need approval to sell by the
DDA as well.
FINANCIAL IMPACT:       The City will receive $300,000 as the purchase price for
the property. The proceeds are expected to go into the “Economic
Development Project Fund” (formerly “Sappi Economic Development Fund”).
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:              To approve the Agreement of Purchase & Sale
between the City of Muskegon and Core Financial Corporation and authorize
the Mayor and Clerk to sign all necessary documents, including closing
documents, at the time of the sale, on the condition the DDA approves the sale
of their lot as part of this transaction.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the Agreement of Purchase and Sale between the City of Muskegon
and Core Financial Corporation and authorize the Mayor and Clerk to sign all
necessary documents, including closing documents, at the time of the sale, on

                                          Page 5 of 6
the condition the DDA approves the sale of their lot as part of this transaction.
ROLL VOTE: Ayes: Johnson, Gawron, Warren, German, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES


PUBLIC PARTICIPATION: No comments were received by the public.
ADJOURNMENT: The City Commission adjourned at 7:43 p.m.


                                       Respectfully Submitted,




                                       Ann Marie Meisch, MMC, City Clerk




                                          Page 6 of 6
Date:    October 25, 2016

To:      Honorable Mayor and City Commissioners

From: DPW
RE:      Permanent Traffic Control Order-Remove Traffic Signal and install
         permanent “Stop” signs at Western Avenue and 4th Street, per Traffic
         Control Order #28-(2016).


SUMMARY OF REQUEST:


Authorize removal of Traffic Signal and installation of permanent “Stop” signs at
Western Avenue and 4th Streets, per Traffic Control Order # 28-(2016)



FINANCIAL IMPACT:
Cost of removing Traffic Signal, installing signs/posts, if approved.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize DPW to have contractor remove Traffic Signal and staff install “Stop” signs at
Western Avenue and 4th Street, per Traffic Control Order #28-(2016).



COMMITTEE RECOMMENDATION:
Date:    October 25, 2016

To:      Honorable Mayor and City Commissioners

From: DPW
RE:      Permanent Traffic Control Order-Remove Traffic Signal at Clay Avenue
         and 3rd Street and install permanent “Stop” signs at Clay Avenue, per
         Traffic Control Order #29-(2016).


SUMMARY OF REQUEST:


Authorize removal of Traffic Signal at Clay Avenue and 3rd Street and install permanent
“Stop” signs at Clay Avenue, per Traffic Control Order # 29-(2016)



FINANCIAL IMPACT:
Cost of removing Traffic Signal, installing signs/posts, if approved.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize DPW to have contractor remove Traffic Signal at Clay Avenue and 3rd Street and
staff install “Stop” signs at Clay Avenue, per Traffic Control Order #29-(2016).



COMMITTEE RECOMMENDATION:
Date:   October 25, 2016

To:     Honorable Mayor and City Commissioners

From: DPW
RE:     Permanent Traffic Control Order-Remove Traffic Signal and install
        permanent “Stop” signs at Muskegon Avenue and 1st Street/Apple
        Avenue, per Traffic Control Order #30-(2016).


SUMMARY OF REQUEST:


Authorize removal of Traffic Signal and installation of permanent “Stop” signs at
Muskegon Avenue and 1st Street/Apple Avenue, per Traffic Control Order # 30-(2016)



FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Install Permanent Stop Signs on Muskegon Ave. @ First Street per Traffic Control Order
#30-(2016).



COMMITTEE RECOMMENDATION:
Date:    October 25, 2016

To:      Honorable Mayor and City Commissioners

From: Department of Public Works
RE:      Removal of Street Lights on Ottawa Avenue



SUMMARY OF REQUEST:

Authorize staff to enter into an agreement with Consumer energy to remove 27-street
lights on Ottawa Street from Hall Street to Richards Park for an estimated cost of
$9,500.

The estimated annual savings to the City is over $3,900 for an estimated payback of
less than 2.5-years.



FINANCIAL IMPACT:
$9,500 from the Street Light cost center



BUDGET ACTION REQUIRED:
Adjustment to the Street Light cost center when preparing the 1st quarter reforecast.


STAFF RECOMMENDATION:
To authorize staff to enter into an agreement with Consumer Energy to remove 27 mid-block
street lights on Ottawa Street between Hall & Richard’s Park.



COMMITTEE RECOMMENDATION:
Date:    10/25/16

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      Police Cruisers



SUMMARY OF REQUEST:

Authorize staff to purchase 3 Chevy Caprice Cruisers from Berger Chevrolet the Mi-
Deal State contract holder for a price of $27,109.00 each. These will replace the three
oldest cruisers currently in use.

FINANCIAL IMPACT:
$81,327.00 or $27,109.00 each
BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to purchase 3 Chevy Caprice Cruisers from Berger Chevrolet




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2016\102516\14_2017CapriceCruisers.doc
               Commission Meeting Date: October 25, 2016




Date:        October 20, 2016
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Amendment to the Zoning Ordinance


SUMMARY OF REQUEST:

Request to amend the zoning ordinance to require “private clubs, lodge halls,
social & similar organizations” to obtain a special land use permit instead of
allowing them as a use by right in B-2, Convenience & Comparison Business
districts.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the zoning ordinance amendment.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended approval of the request at their
October meeting.
                                           Staff Report (EXCERPT)
                                              CITY OF MUSKEGON
                                           PLANNING COMMISSION
                                              REGULAR MEETING

BACKGROUND

1.      Private clubs, lodge halls and similar uses are currently allowed as a use by right in B-2, Convenience &
        Comparison Business districts. However, they are only allowed under a special use permit in B -4, General
        Business districts, which usually allows for more intense uses than B-2 districts.

2.      Also, the ordinance states that all principal uses permitted in B-2 districts are allowed as a use by right in
        B-4 districts. This is contradictory since you must get a special use permit to operate a private club/lodge
        hall in B-4 districts.

3.      Staff is proposing to amend the ordinance to allow private clubs/lodge halls as a special use permitted in B-
        2 districts. These types of uses can sometimes cause problems with parking, noise and civil disturbances;
        so it would be in the cities best interest to allow them as a special land use so that Planning Commission
        can either set limitations on the use or revoke the permit if problems occur on a regular basis.

4.      Please see the enclosed excerpts for B-2 and B-4 districts.

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

SECTION 1101: SPECIAL LAND USES PERMITTED

10.     Self-serve, coin operated, automobile car wash, enclosed in a building.

11.     Indoor Theaters [amended 5/04]

a.      Parking must be either on site or with an irrevocable shared parking agreement.

12.     Veterinary clinics, without outdoor kennels. [amended 6/05]

13.     Wind Turbine Facilities. [amended 10/09]

14.     Microbreweries, small wineries and small distilleries with brewing areas larger than 2,500 square feet.

15.     Private clubs, lodge halls & similar uses.

16.     Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
        Permitted.

17.     Uses similar to the above Special Land Uses Permitted.
                                            CITY OF MUSKEGON

                                     MUSKEGON COUNTY, MICHIGAN

                                            ORDINANCE NO._____

An ordinance to amend Article XI (B-2, Convenience & Comparison Business District) of the Zoning
Ordinance to require “private clubs, lodge halls, social and similar organizations” to obtain a special
land use permit in B-2 Districts.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

SECTION 1101: SPECIAL LAND USES PERMITTED

10.    Self-serve, coin operated, automobile car wash, enclosed in a building.

11.    Indoor Theaters [amended 5/04]

a.     Parking must be either on site or with an irrevocable shared parking agreement.

12.    Veterinary clinics, without outdoor kennels. [amended 6/05]

13.    Wind Turbine Facilities. [amended 10/09]

14.   Microbreweries, small wineries and small distilleries with brewing areas larger than 2,500 square feet.
[amended 3/12]

15. Private clubs, lodge halls & similar uses.

16.    Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.

17.    Uses similar to the above Special Land Uses Permitted.


This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:
Effective Date:

First Reading:

Second Reading:

                  CITY OF MUSKEGON

                  By: _________________________________
                         Ann Meisch, MMC, City Clerk
                                           CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
25th day of October, 2016, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.

DATED: ___________________, 2016.               __________________________________________
                                                Ann Meisch, MMC
                                                Clerk, City of Muskegon



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

Please take notice that on October 25, 2016, the City Commission of the City of Muskegon
adopted an ordinance to amend Article XI of the Zoning Ordinance to require “private clubs,
lodge halls, social and similar organizations” to obtain a special land use permit in B-2 Districts.
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 ____________________, 2016.                              CITY OF MUSKEGON

                                                                   By _________________________________
                                                                         Ann Meisch, MMC
                                                                         City Clerk

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

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

Account No. 101-80400-5354




                                                                                                                        6
                       Commission Meeting Date: October 25, 2016




Date:        October 20, 2016
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Authorize Muskegon County to Adopt and Enforce a Storm Water Runoff
             and Post-Construction Ordinance


SUMMARY OF REQUEST:

Staff is requesting the approval of the resolution that will allow Muskegon County to administer and
enforce a Storm Water Runoff and Post-Construction Ordinance on behalf of the City of Muskegon.
This ordinance will require a landowner to obtain a Storm Water Permit from the County Drain
Commissioners office before commencement of a project that includes any of the following: 1)
requires Planning Commission approval 2) creates more than 10,000 sf of impervious surface 3)
Disturbs, changes, disrupts more than 10,000 sf of existing impervious surface 4) Disturbs more
than one acre of land 5) Is within 500 ft of the water’s edge of a drainage course, wetland, lake or
stream.
The application for a Storm Water Permit is $600 and will be approved or denied within 30 days,
however, most reviews can be completed within one to two weeks.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the ordinance

COMMITTEE RECOMMENDATION:

None




                                                                                                   1
                Storm Water Runoff & Post-Construction Control Ordinance

Preamble

An Ordinance to provide for the administration of a storm water runoff and post construction
control program within Muskegon County in order to encourage and regulate the proper use and
protection of natural resources, to provide for administration and enforcement, to establish civil
penalties for violations, and to provide for reimbursement of costs incurred by the County
Enforcing Agency pursuant to this Ordinance.

Whereas, land development alters the hydrologic response of watersheds, resulting in increased
storm water runoff rates and volumes, increased flooding, stream channel erosion, sediment
transport and deposition, which damages the integrity of stream channels and their biological
functions and;

Whereas, storm water runoff produced by land development contributes to increased quantities
of water-borne nonpoint pollutants which can impair and destroy natural resources and;

Whereas, increased storm water runoff rates and volumes, and pollutants associated with storm
water runoff from future development projects within the County will, absent reasonable
regulation and control, adversely affect the County's water bodies and water resources, and those
of downstream communities, and;

Whereas, Federal and State regulations require certain municipalities within and including the
County, to implement a program of storm water controls. These municipalities are required to
obtain a permit for storm water discharges from their Municipal Separate Storm Sewer Systems
(MS4) under the National Pollutant Discharge Elimination System (NPDES);

Now, therefore be it resolved that; storm water runoff and non-point source pollution can be
controlled and minimized by the regulation of storm water runoff from development and
adopting the following standards, criteria and procedures contained in the Storm water Runoff
and Post-Construction Control Ordinance (Storm Water Ordinance) and implementing it will
address many of the harmful effects of storm water runoff, therefore, adopting the Ordinance is
necessary for the preservation of the public health, safety and welfare of the County.

Whereas, after careful study of the proposed Storm Water Ordinance, the Muskegon County
Board of Public Works has recommended adoption of the Ordinance to the Muskegon County
Board of Commissioners.

Therefore, pursuant to the authority set forth in MCL 46.11(j) and MCL 324.9105(3), the Board
of Commissioners of the County of Muskegon, Michigan, ordains:




                                                 1
Article 1. Short Title

This Ordinance shall be known, and may be cited, as the “Muskegon County Storm Water
Runoff and Post Construction Control Ordinance.” All Articles, Sections, and other topical
headings are for reference only and shall not be construed to be part of this Ordinance.

Article 2. Authority, Purpose, and Adoption of Rules

   2.1. Authority

       2.1.1. Applicable Statutes
       The Storm water Ordinance is adopted in accordance with the Drain Code of 1956, as
       amended, being Act 40 of 1956, MCL 280.1, et seq.; the Land Division Act 288 of 1967,
       as amended, being MCL 560.101, et seq.; the Condominium Act 59 of 1978, as amended,
       being MCL 559.101, et. seq. the Revenue Bond Act of 1933, as amended, being MCL
       141.101, et seq.; the Natural Resources and Environmental Protection Act, as amended,
       being MCL 324.101, et seq.; Section 401(p) of the Federal Water Pollution Control Act
       (also known as the Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR
       Parts 9, 122, 123 and 124; and other applicable state and federal laws.

       2.1.2. Jurisdictional Overlap

       This Ordinance shall not apply to properties within a city, village, or township in the
       County provided that the local municipality adopts an ordinance that is consistent with this
       Ordinance. The legislative body of a city, village, or township may adopt a resolution
       authorizing the County to implement the Ordinance within their jurisdiction to facilitate
       administrative reporting for requirements associated with state permit requirements.

   2.2. Purpose

   The purpose of this Ordinance is to set forth the minimum requirements for storm water
   management and control to protect public health, safety, and welfare within Muskegon
   County by providing for the administration and enforcement of the Muskegon County Storm
   Water Runoff and Post Construction Ordinance. No person, corporation, or governmental
   entity shall maintain or undertake an activity or earth change that alters infiltration and is
   governed by this Ordinance, except in compliance with this Ordinance, and pursuant to a
   Storm Water Permit issued by the County Enforcing Agency, if required.




                                                2
Article 3. Definitions

   3.1. Definitions.
   The County hereby adopts by reference the definitions herein. In addition, the following
   definitions shall apply in the interpretation and enforcement of this ordinance:

       3.1.1. Cease and Desist Order - An order that stops the work on a project due to a
       violation of this Ordinance or until said violation is corrected.

       3.1.2. County Enforcing Agency (CEA) - An agency designated by the Muskegon
       County Board of Commissioners pursuant to be responsible for the administration and
       enforcement of this Ordinance.

       3.1.3. Design storm - A rainfall event that has a specific statistical probability of occurring
       in any given year. For example, a 2-year design storm is a storm with a 50 percent chance
       of occurring during the year. Design storm figures are used to calculate the runoff volume
       and peak discharge rate through a detention or retention basin or other storm water
       management facility.

       3.1.4. Detention - A system which is designed to capture storm water and release it over a
       given time period through an outlet structure at a controlled rate.

       3.1.5. Discharge - The rate of flow of water through an outlet structure at a given point and
       time, measured in cubic feet per second (cfs).

       3.1.6. Drain – Any drain maintained by the County Road Commission and any drain as
       defined in the Drain Code of 1956, as amended, being MCL 280.1, et. seq., other than an
       established county or inter-county drain.

       3.1.7. Earth Change - A human-made change in the natural cover or topography of land,
       including cut and fill activities, which may result in or contribute to soil erosion or
       sedimentation of the waters of the State. Earth change does not include the practice of
       plowing and tilling soil for the purpose of crop production.

       3.1.8. Enforcing Agent - A person designated by the County Enforcing Agency to carry
       out the provisions of this Ordinance.

       3.1.9. Excess runoff - Surface runoff that cannot be accommodated satisfactorily by the
       natural or planned drainage systems.

       3.1.10. Illicit Connection – Any method or means for conveying an illicit discharge into
       water bodies or the Community's storm water system whether enclosed or an open water
       ditch.

       3.1.11. Impervious surface - Impermeable surfaces, such as buildings, paved driveways,
       parking areas, or roads which prevent the infiltration of water into the soil.

                                                 3
3.1.12. Infiltration - the process by which water on the ground surface enters
the soil. Infiltration rate in soil science is a measure of the rate at which soil is able to
absorb rainfall or irrigation. It is measured in inches per hour or millimeters per hour. The
rate decreases as the soil becomes saturated. If the precipitation rate exceeds the infiltration
rate, runoff will usually occur unless there is some physical barrier. It is related to the
saturated hydraulic conductivity of the near-surface soil.

3.1.12. Lake - Means the Great Lakes and all natural and artificial inland lakes or
impoundments that have definite banks, a bed, visible evidence of a continued occurrence
of water, and a surface area of water that is equal to, or greater than, 1 acre. "Lake" does
not include sediment basins and basins constructed for the sole purpose of storm water
retention, cooling water, or treating polluted water.

3.1.13. Muskegon County Department of Public Works - The County Agency
responsible for administration and enforcement of this ordinance in the name of the
County of Muskegon, and including agents acting on behalf of or appointed by the
Muskegon County Drain Commissioner for the administration and enforcement of this
Ordinance.

3.1.14. Mitigation - Actions taken or required by the County Enforcing Agency to
temporarily or permanently bring a parcel of land into compliance with this Ordinance.

3.1.15. National Pollutant Discharge Elimination System (NPDES) Storm Water
Permit – a permit issued by the Michigan Department of Environmental Quality under
authority delegated pursuant to 33 USC § 1342(b) that authorizes the discharge of
pollutants to waters of the United States, whether the permit is applicable to an individual,
group, or general area-wide basis.

3.1.16. Notice of Completion - Upon satisfactory execution of the approved plans,
permit conditions and other requirements imposed under this Ordinance, the landowner
shall provide notice of completion to the County Enforcing Agency.

3.1.17. Notice of Intent to File Lien - Written notice to the owner of a property of intent
to file a property lien to secure repayment of mitigation expense, including legal expense
associated with a particular mitigation effort. Outstanding liens on property will be
collected according to Article 7, “ for Expense”.

3.1.18. Notice of Intent to Mitigate - Notice to the owner of a property in violation of
this Ordinance of intent to conduct mitigation to bring the site into compliance with this
Ordinance.




                                          4
3.1.19. Notice of Taking Action - Legal notice to the owner of a property in violation of
this Ordinance of action already taken to remove an immediate threat to natural
resources, property or public safety.

3.1.20. Notice of Violation - Written notice to the owner of a property that activity at that
site is in violation of this Ordinance. The Notice of Violation shall contain a description
of the violation, what must be done to remedy the violation, and the time frame in which
such corrective action must be taken.

3.1.21. Outfall - The point where water flows out from a conduit, drain, or stream.

3.1.22. Outlet - A stream or facility discharging the flow from a basin, drain, or other
storm water management facility.

3.1.23. Peak Rate of Discharge (peak flow) - The maximum calculated rate of storm
water flow at a given point in a channel, watercourse, or conduit resulting from a
predetermined frequency storm or flood, measured in cubic feet per second (cfs).

3.1.24. Pollutant - A substance discharged which includes, but is not limited to the
following: any dredged spoil, solid waste, vehicle fluids, paints, varnishes and solvents,
cooking grease, detergents, degreasers, cleaning chemicals, herbicides, pesticides,
floatables, fecal coliform and pathogens, concrete and cement, yard wastes, animal wastes,
agricultural waste products, sediment, incinerator residue, sewage, garbage, chemical
wastes, biological wastes, radioactive materials, heat, wrecked or discharged equipment,
industrial, municipal, commercial and agricultural waste, or any other contaminant or other
substance defined as a pollutant under the Clean Water Act.

3.1.25. Regional Detention Basin - A basin to detain water flow from a number of
development sites or a small watershed.

3.1.26. Retention - A system which is designed to capture storm water and contain it until
it infiltrates into the soil or evaporates.

3.1.27. State of Michigan Water Quality Standards - All applicable State rules,
regulations, and laws pertaining to water quality, including the provision of Section 3106 of
Part 31 of Public Act 451 of 1994, as amended.

3.1.28. Storm frequency - The average period of time during which a storm of a given
duration and intensity can be expected to be equaled or exceeded.

3.1.29. Storm water management
    a. For quantitative control, a system of vegetative and structural measures that control
        the increased volume and rate of surface runoff caused by human-made changes to
        the land; and




                                          5
              b. For qualitative control, a system of vegetative, structural, and other measures that
                 reduce or eliminate pollutants that might otherwise be carried by surface runoff.

      3.1.30. Storm water Runoff - The runoff and drainage of precipitation resulting from
      rainfall or snowmelt or other natural event or process.

      3.1.31. Stream - A river, creek, or other surface watercourse which may or may not be
      serving as a drain, as defined in the drain code, and which has definite banks, a bed, and
      visible evidence of the continued flow or continued occurrence of water, including the
      connecting waters of the Great Lakes.

      3.1.32. Wetland - Land characterized by the presence of water at a frequency and
      duration sufficient to support, and that under normal circumstances does support, wetland
      vegetation or aquatic life, and is commonly referred to as a bog, swamp, or marsh, and
      which is any of the following:

         i.      Contiguous to the Great Lakes or Lake St. Clair, an inland lake or pond, or a river
                 or stream.

        ii.      Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream;
                 and more than 5 acres in size.

       iii.      Not contiguous to the Great Lakes, an inland lake or pond, or a river or stream;
                 and 5 acres or less in size if the Michigan Department of Environmental Quality
                 (MDEQ) determines that protection of the area is essential to the preservation of
                 the natural resources of the state from pollution, impairment, or destruction and
                 the MDEQ has so notified the owner.

Article 4. Administration and Enforcement

   4.1. County Enforcing Agency - The Muskegon County Drain Commissioner is the County
   Enforcing Agency responsible for administering and enforcing this ordinance within
   Muskegon County, except for those areas of the county where a local (MS4) municipal
   program is in effect. The County may contract with another local unit of government,
   municipal department, or other experienced and qualified individuals, parties or entities that
   would assist the County in performing site reviews, surveys, inspections, or monitoring.

   4.2. Relief from Personal Responsibility - The County Enforcing Agency, or any other
   county employee or officer charged with duties and responsibilities pursuant to this
   Ordinance, while acting within the scope of their authority, are hereby relieved from all
   personal liability for damages to persons or property resulting from the exercise or discharge
   of their duties. Any civil or criminal action brought against an officer or employee of the
   County, while acting within the scope of authority granted under this Ordinance, may be
   defended by the legal representative of the County until final termination of proceedings. If a
   judgment for damages is awarded against the above mentioned officers or employees as a
   result of a civil action for personal injury or property damage caused while acting within the

                                                   6
scope of the individual’s employment or while acting within the scope of authority of this
Ordinance, the County of Muskegon may pay, or compromise, the judgment.

4.3. Duties of the County Enforcing Agency - It shall be the responsibility of the County
Enforcing Agency to enforce the provisions of this Ordinance, and in doing so, to perform
the following duties:

   4.3.1. Review Storm Water Permit Applications and Plans
   Applications for permits required by this Ordinance shall be submitted to the County
   Enforcing Agency on the forms provided by the County Enforcing Agency and shall
   contain all required and/or necessary information to allow the County Enforcing Agency
   to evaluate the application. The County Enforcing Agency is not required to evaluate
   incomplete applications or applications submitted without the required or necessary
   information or supporting documentation. Storm Water Permit applications and plans
   will be reviewed in accordance with the rules defined under 5.1.

   4.3.2. Issue Permits and Certificates
   The County Enforcing Agency shall issue Storm Water Permits when applicable
   provisions of this Ordinance have been fulfilled.

   4.3.3. Maintain Records
   Records for active Storm Water Permits shall be available for public inspection during
   regular business hours. Upon written request, copies of documents may be furnished at
   cost to any person consistent with policy of the Board of Commissioners.

   4.3.4. Mitigation
   The County Enforcing Agency may, but is not required to, conduct such activity as is
   deemed necessary to remove an immediate threat to environmental resources, property or
   public safety in accordance with the Drain Code of 1956, as amended, being Act 40 of
   1956, MCL 280.1, et seq.; the Land Division Act 288 of 1967, as amended, being MCL
   560.101, et seq.; the Condominium Act 59 of 1978, as amended, being MCL 559.101, et.
   seq. the Revenue Bond Act of 1933, as amended, being MCL 141.101, et seq.; the
   Natural Resources and Environmental Protection Act, as amended, being MCL 324.101,
   et seq.; Section 401(p) of the Federal Water Pollution Control Act (also known as the
   Clean Water Act), as amended, being 33 USC 1342(p) and 40 CFR Parts 9, 122, 123 and
   124; and other applicable state and federal laws.

   4.3.5. Prepare Invoices and Record Liens
   Invoices for mitigation expense shall be mailed by certified mail to the owner(s) of the
   land on which the violation occurred. Pursuant to MCL 324.9120, property liens against
   the land in violation shall be recorded at the Muskegon County Register of Deeds for all
   invoices remaining unpaid thirty (30) days after mailing. The owner of the land shall be
   responsible for all costs associated with the recording and subsequent release of a lien.




                                            7
   4.3.6. Legal Remedy
   The County Enforcing Agency shall have all legal remedies available under this
   Ordinance which include, but are not limited, to the issuance of a Notice of Violation, a
   Cease and Desist Order, and/or a municipal civil infraction citation to the property owner,
   contractor, or individual who is not the property owner and who violates this Ordinance.
   The County Enforcing Agency may also take other legal action deemed appropriate
   against an individual or the owner of a property in violation.

   4.3.7. Official Copies
   The County Enforcing Agency shall maintain one official copy of this Ordinance, which
   shall be available for public inspection during regular office hours.

   4.3.8. Inspections
   The County Enforcing Agency is empowered to conduct inspections of property in order
   to properly carry out the enforcement of this Ordinance.

   4.3.9. Document Retention
   Permits, plans and associated documents for all projects, permitted under this ordinance,
   may be disposed of twenty-five years after filing the final construction certification and
   coinciding with termination of post construction maintenance responsibilities.

4.4. Interpretation

The County Enforcing Agency shall have full authority to make interpretations as to the
scope and applicability of this Ordinance, including but not limited to determinations of
violations, acceptability of plans and sureties, necessity for mitigation, and substantial
completion. All such determinations by the County Enforcing Agency are considered final.

4.5. Fees, Fines and Sureties

   4.5.1. Fees and Fines.
   The County shall periodically adopt a schedule of fees and fines to cover the cost of
   administration and enforcement of this Ordinance. Adjustment of the schedule of fees
   and fines will not invalidate other provisions of this Ordinance. All permit fees shall be
   doubled if work starts without a permit.

   4.5.2. Sureties.
   Financial surety in a form acceptable to the County Enforcing Agency may be required as
   a condition of a Storm Water Permit. Surety is required for all commercial Storm Water
   Permits with disturbances of 3 acres or more. At the permittee’s choosing, the surety shall
   be in the form of cash, bond, certified check or irrevocable bank letter of credit in forms
   acceptable to the County Enforcing Agency.




                                            8
      4.5.3. Return of Surety.
      Unused portion of sureties shall be returned within sixty (60) days after filing the final
      construction certification with the County Enforcing Agency.

Article 5. Application, Plan, Approval Standards, and Post Construction Standards

   5.1. Application
   A person, corporation, or governmental entity shall not maintain or undertake an earth
   change governed by this Ordinance, except in compliance with this Ordinance. The Storm
   Water Permit Application form and Storm Water Permit form shall contain all information
   required by this Ordinance. An Application, together with instructive information as deemed
   appropriate, shall be provided at no cost to each applicant by the County Enforcing Agency.
   The County Enforcing Agency shall approve or deny an application for a Storm Water
   Permit within 30 days after the filing of a complete application for a Storm Water Permit and
   the payment of the appropriate fees and sureties.

   5.2. Storm Water Plan, Approval Standards, Construction Certification, and Post
   Construction Maintenance
   A person shall prepare a storm water control plan for any earth change identified under 5.3.1.
   A person shall design the plan in accordance with current Best Management Practices
   (BMPs) or Low Impact Design (LID) methods for storm water management to effectively
   reduce and control storm water flows, retain / detain waters on-site, and reduce peak
   discharge rates. The plan shall include, but not be limited to, all of the following:

      5.2.1. Storm Water Plan
      The plan shall include, but not be limited to, all of the following:

         i.   A map(s) at a scale of not more than 200 feet to the inch or as otherwise
              determined by the County Enforcing Agency; including a legal description and
              site location sketch that includes the proximity (within 50 feet of the property
              boundary) of any proposed earth change to lakes, streams, regulated wetlands,
              drainage courses, or all; predominant land features; and contour intervals or slope
              description.

        ii.   A soils survey or a written description of the soil types of the exposed land area
              contemplated for the earth change.

       iii.   A description and the location of the physical limits of each proposed earth
              change.

       iv.    A description and the location of all existing and proposed on-site drainage, storm
              water management, and dewatering facilities (e.g., rain gardens, swales, leach
              basins, recessed landscape islands, roof retention, cisterns, and detention or
              retention ponds).

        v.    The timing and sequence of each proposed earth change.

                                                9
    vi.     A description and location of all storm water discharge points.


   5.2.2. Approval Standards

   The plan, or associated narrative, shall provide a description of how the storm water
   control measures to be implemented and outlined within the plan shall meet the published
   standards of the Municipal Storm Water Committee will:

   5.2.3. Construction Certification
   A certification letter shall be submitted to the County Enforcement Agency after storm
   water control measures have been installed to affirm that construction has been
   completed in accordance with the Storm Water Permit and plan. This certification shall
   be prepared by a licensed civil engineer, land surveyor, architect, and/or landscape
   architect; unless a specified certification was required by the County Enforcement
   Agency.

   5.2.3. Post Construction Maintenance
   The plan, or associated narrative, shall provide a proposal for the continued maintenance
   of all storm water control measures that remain after project completion; including the
   designation of the person or entity responsible for the ongoing operation, inspections, and
   maintenance of storm water facilities and measures. Maintenance responsibilities shall be
   recorded with the property at the Muskegon County Register of Deeds; and shall:

       i.     Be in effect for a period of 25 years from the date of the final construction
              certification.

     ii.      Become a part of any sales or exchange agreement, and run with the property for
              the land on which the storm water control measures are located.

     iii.     Include regular inspections (minimum of every five years) of the storm water
              control measures by a licensed civil engineer attesting to the capability of the
              system to manage and treat storm water as the system was original designed; and
              provide inspection reports to the County Enforcement Authority.

     iv.      Specify responsibilities for financing maintenance and emergency repairs.

      v.      Provide the County Enforcement Agency legal authority to enter the property, at
              reasonable times, for purposes of conducting on-site inspections; which may
              include water sampling and flow measurements.

5.3. Permit

   5.3.1. Permits Required:


                                               10
A landowner or designated agent who contracts for, allows, or engages in, an earth
change within the jurisdiction of the County Enforcing Agency shall obtain a Storm
Water Permit from the County Enforcing Agency before commencing an earth change
which:

   i.   Requires local site plan or plat approval; or

 ii.    Creates more than ten thousand (10,000) square feet of impervious surface; or

 iii.   Disturbs, changes, disrupts more than ten thousand (10,000) square feet of
        existing impervious surface; or

 iv.    Disturbs 1 or more acres of land; or

  v.    Is within 500 feet of the water's edge of a drainage course, wetland, lake or stream.

5.3.2. Permit Exemptions:

This ordinance shall not apply to:

   i.   Existing roads under the control of the Muskegon County Road Commission or
        local municipality; including work related to maintenance and replacement.

 ii.    Agricultural property (and buildings directly related to their operations) as
        designated under the definitions according to the Michigan Department of
        Agriculture and Rural Development and protected under Michigan’s Right to
        Farm Act.

5.3.3. Permit Expiration, Extension, and Termination:

     5.3.3.1 Expiration:
     Storm Water Permits shall expire on the date indicated on the permit.

     5.3.3.2 Extension:
     The holder of a valid permit must request an extension of coverage, if necessary, no
     later than ten (10) days prior to the expiration date. Any such request must be in
     writing and must be accompanied by all supporting documentation and applicable
     extension fees, if any. The maximum allowable time extension will be one (1) year
     from the original expiration date. An extension does not release the owner or the
     surety on a bond, or the person furnishing an irrevocable letter of credit, or a person
     furnishing a cash bond from their responsibilities and/or liabilities thereunder.

     5.3.3.3 Construction Not Begun:
     Storm Water Permit coverage will automatically terminate if construction has not
     commenced within one (1) year of the date of issuance. A new plan and application,



                                          11
        with fees, are required to obtain a Storm Water Permit for any site where a permit has
        been terminated for any reason.

     5.3.3.4 Application After Termination:
     A new plan and application, with fees, are required to obtain a Storm Water Permit
     for any site where a permit has been terminated for any reason.

5.3.4. Permit Suspension, Revocation and Reinstatement:
A Storm Water Permit issued under this Ordinance may be revoked or suspended at the
discretion of the County Enforcing Agency and may not be the basis for any further work
on a project until the permit is reinstated by the County Enforcing Agency following a
determination that the reasons for the suspension or revocation have been resolved to the
satisfaction of the County Enforcing Agency. Once one of the factors outlined below is
established by the County Enforcing Agency, the decision whether to suspend or revoke a
permit shall be within the discretion of the County Enforcing Agency. A Storm Water
Permit may be suspended or revoked for any of the following reasons:

   i.      A violation of a condition of the Storm Water Permit, including the approved
           Storm water plan.

 ii.       Misrepresentation or failure to fully disclose relevant facts in the application or
           plan.

 iii.      A change in land ownership without written notification to the County Enforcing
           Agency.

 iv.       Permitted work already in progress is abandoned or suspended for a period
           beyond the permit expiration date.

5.3.5. Permit Transfers:
Whenever a property changes ownership, the permit and all responsibilities including
conditions of issuance, fees, fines, and penalties owed, shall be transferred to the new
landowner. Transfer of the permit shall be made by completing a form provided by the
County Enforcing Agency, with signature of the new landowner, and then submitting the
completed form to the County Enforcing Agency. The fee for the transfer shall be as
listed on the schedule of fees.



5.3.6. Permit Waiver:
In lieu of on-site storm water facilities and measures, the use of regional or off-site storm
water facilities and measures may be proposed. In such cases, the applicant may request a
waiver of the requirements for on-site storm water runoff control. The waiver request shall
be submitted to the County Enforcing Agency with a permit application for a Storm Water
Permit. Waivers for on-site detention or retention may be considered for the following:



                                             12
         i.   Shared off-site storm water control areas may be proposed between two or more
              property owners or developments, provided that maintenance agreements have been
              approved by the County Enforcing Agency and storm water drainage easements
              have been obtained and recorded among the property owners also naming the
              authority in the easement.

        ii.   Storm water harvesting/reuse or treatment plans may be considered by the County
              Enforcing Agency; especially in the case of a contaminated site.

Article 6. Enforcement

   6.1. Enforcement

   This Ordinance shall be enforced by the County Enforcing Agency. The County Enforcing
   Agency may use any enforcement method or technique allowed, including but not limited to
   the issuance of a letter providing Notice of Violation, that may or may not allow for time to
   correct the violation prior to any further or additional enforcement actions, citations, civil
   infractions, cease and desist orders, or may revoke a Storm Water Permit upon finding that
   there is a violation of this Ordinance, and may pursue such legal action as may be necessary
   to correct a violation including but not limited to seeking an injunction to restrain or prevent
   violations of the Ordinance.

   6.2. Municipal Civil Infractions; Authorized Enforcement Officials; Violation Bureau

      6.2.1. Municipal Civil Infractions.
      Violation of this Ordinance shall be a municipal civil infraction, as authorized under
      Chapter 87 of 1961 PA 236, as amended, and other applicable laws. A violation includes
      any act that is prohibited or made or declared to be unlawful, and any omission or failure
      to act where the act is required by this Ordinance. Each day that a violation exists
      constitutes a separate infraction.

      6.2.2. Authorized Enforcement Officials.
      Muskegon County Storm Water Enforcing Agents and deputies of the Muskegon County
      Sheriff’s Office are authorized to issue municipal civil infraction citations for violations
      of this Ordinance. Muskegon County Storm Water Enforcing Agents are authorized to
      issue notice of violations and cease and desist orders.



      6.2.3. Municipal Civil Infractions Violations Bureau.
      The Municipal Civil Infractions Violations Bureau, for disposition of violation notices
      issued under this Ordinance, shall be located at the Muskegon County Department of
      Public Works, 131 E. Apple Ave., Muskegon, MI 49442.

   6.3. Violations and Penalties; Injunction



                                                13
   6.3.1.
   A person who violates this Ordinance or any Notice of Violation or cease and desist order
   issued under this Ordinance is responsible for a municipal civil infraction and may be
   ordered to pay a civil fine of not less than $150.00, and not more than $2,500.00, plus all
   costs of enforcement.

   6.3.2.
   A person who knowingly makes a false statement in an Application or in a Storm water
   plan is responsible for a civil fine of up to $2,500.00 for each day of violation, plus all
   costs of enforcement.

   6.3.3.
   A person who knowingly continues to violate this Ordinance after receiving a Notice of
   Violation is responsible for payment of a civil fine for each day the violation continues to
   exist, plus all costs of enforcement.

   6.3.4.
   A default in payment of a civil fine or costs ordered under this section may be remedied
   by any means authorized under the Revised Judicature Act of 1961, 1961 PA 236, being
   sections 600.101 to 600.9948 of the Michigan Compiled Laws as amended.

   6.3.5.
   In addition to any fines and costs assessed under this section, a person who violates this
   Ordinance is liable to the State of Michigan for any damages for injury to, destruction of,
   or loss of natural resources resulting from the violation.

   6.3.6.
   Notwithstanding the existence or pursuit of any other remedy, the County may maintain
   an action in a court of competent jurisdiction for monetary damages and may request an
   injunction or other process against a person to restrain or prevent violations of this
   Ordinance.

6.4. Enforcement Costs and Fines

   6.4.1. Costs of Enforcement.
   The County Enforcing Agency shall maintain a record of all expenses relative to the
   enforcement of this Ordinance. Costs of Enforcement specifically include but are not
   limited to all investigative costs, court costs (including witness fees), and legal or
   attorney fees.

   6.4.2. Fines.
   Fines levied and paid pursuant to legal action undertaken by the County Enforcing
   Agency shall be deposited with the County, and shall be used for enforcement of this
   Ordinance. Landowners, authorized agents, on-site responsible persons, contractors and
   other individuals undertaking an earth change in violation of this Ordinance are subject to
   the penalties prescribed herein.

                                            14
       6.4.3. Payment.
       All persons that receive municipal civil infraction violation notices shall have thirty (30)
       days to pay the fine to the Muskegon County Department of Public Works office. If
       responsibility is denied or the fine is unpaid after thirty (30) days, a municipal civil
       infraction citation shall be filed with the District Court for resolution pursuant to Chapter
       87 of the Revised Judicature Act, MCL 600.8701 et seq. Either party may request a
       formal hearing before a judge.

Article 7. Reimbursement for Expense

   7.1. Reports.
   It shall be the duty of the County Enforcing Agency to report to the Board of Commissioners,
   no later than the last Wednesday in September of each year, all unpaid property liens filed in
   conjunction with this Ordinance.

   7.2. Assessment.
   It shall be the duty of the County Treasurer to place on the winter tax statement of each
   property for which there is an amount outstanding the full amount of the outstanding lien.

Article 8. Severability

If any section, subsection, paragraph, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portions thereof.

Article 9. Conflict of Authority

Nothing in this Ordinance shall be interpreted to conflict with present or future state or federal
statutes in the same subject matter. Conflicting provisions of this Ordinance shall be abrogated to
the extent of the conflict. The provisions of this Ordinance shall be construed, if possible, to be
consistent with and in addition to relevant federal and state regulations and statutes. In their
interpretation and application, the provisions of this Ordinance shall be liberally construed in
favor of achieving the objectives of this Ordinance, and shall not be deemed a limitation or
repeal of any other powers granted by state statutes. Where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. If there is another ordinance that is
inconsistent, the terms of the Ordinance that promotes the objectives of this Ordinance to the
greatest extent shall apply.

This Ordinance is not intended to repeal, abrogate or impair any existing easements, covenants,
or deed restrictions.

Article 10. Savings Clause
This Ordinance shall not impair or affect any act done, offense committed or right accruing,
accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the time this

                                                 15
Ordinance takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extent if this Ordinance had not been adopted.

Article 11. Effective Date

This Ordinance shall take effect 30 days following its acceptance by the Muskegon County
Board of Commissioners and shall be published in a newspaper of general circulation in
Muskegon County.

Moved by Commissioner _______, seconded by Commissioner _________, to (approve/denyt) .

Roll Call:

Yes:

No:

Motion Carried

I, Nancy A. Waters, Muskegon County Clerk, Muskegon, Michigan, do hereby certify that the
foregoing Ordinance was adopted by the Board of Commissioners at a regular meeting on (date),
2015. In testimony whereof, I have hereunto set my hand and affixed the seal of the 14th Circuit
Court this __ day of _____, 2016.


                                             ___________________________________
                                              Nancy A. Waters, Muskegon County Clerk




                                               16
                                       City of Muskegon
                   Stormwater Runoff and Post-Construction Control Ordinance

An Ordinance to provide for the administration of a stormwater runoff and post construction control
program within Muskegon County in order to encourage and regulate the proper use and protection of
natural resources, to provide for administration and enforcement, to establish civil penalties for
violations, and to provide for reimbursement of costs incurred by the County Enforcing Agency
pursuant to this Ordinance.

Whereas, land development alters the hydrologic response of watersheds, resulting in increased
stormwater runoff rates and volumes, increased flooding, stream channel erosion, sediment transport and
deposition, which damages the integrity of stream channels and their biological functions and;

Whereas, stormwater runoff produced by land development contributes to increased quantities of water-
borne nonpoint pollutants, which can impair and destroy natural resources and;

Whereas, increased stormwater runoff rates and volumes, and pollutants associated with stormwater
runoff from future development projects within the County will, absent reasonable regulation and
control, adversely affect the County's water bodies and water resources, and those of downstream
communities, and;

Whereas, Federal and State regulations require certain municipalities within and including the County,
to implement a program of stormwater controls. These municipalities are required to obtain a permit for
stormwater discharges from their Municipal Separate Storm Sewer Systems (MS4) under the National
Pollutant Discharge Elimination System (NPDES), and;

Whereas; stormwater runoff and non-point source pollution can be controlled and minimized by the
regulation of stormwater runoff from development and adopting the standards, criteria and procedures
contained in the Stormwater Runoff and Post-Construction Control Ordinance (Stormwater Ordinance)
and implementing it will address many of the harmful effects of stormwater runoff necessary for the
preservation of the public health, safety and welfare of the County.

Therefore, be it resolved that the governing body of the City of Muskegon supports the Muskegon
County Board of Commissioners to adopt a Stormwater Ordinance and, further, authorizes the County of
Muskegon to implement and enforce the Stormwater Ordinance within the city in order to facilitate
administrative reporting for the requirements associated with this municipality’s stormwater permit
requirements.

This resolution passed.

Ayes: __________________________________________________________________

Nays: __________________________________________________________________
                                              CITY OF MUSKEGON


                                           BY: __________________________________
                                                 Stephen J. Gawron
                                                 Mayor

                                       ATTEST: __________________________________
                                                Ann Meisch
                                                Clerk

CERTIFICATE

This resolution was adopted at a meeting of the City Commission held on October 25, 2016. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.

                                                  CITY OF MUSKEGON

                                                  By ___________________________
                                                  Ann Meisch, City Clerk
                  Commission Meeting Date: October 25, 2016




Date:         October 20, 2016
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to Add Parcels to the City’s Existing Groundwater
              Ordinance


SUMMARY OF REQUEST:

The Commission previously approved the parcels to be added to the groundwater ordinance
regarding the former Mobil Oil Pipeline – Sission Ave @ McCracken St on August 23, 2016
(ordinance 2355). However, the applicant listed the wrong parcels on the application, but
they did mail notices to the correct addresses. Staff is requesting to repeal ordinance 2355
and replace it with a new ordinance with the correct parcels listed.

The ordinance prohibits the use of groundwater wells and secondary water supplies under
certain circumstances and in certain locations, to prevent exposure to contaminated
groundwater, as well as to prevent wells from influencing the movement of contaminated
water. Notice was sent to the affected addresses prior to this meeting.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

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

COMMITTEE RECOMMENDATION:

None




10/20/2016
                                      MUSKEGON CITY COMMISSION

THE CITY OF MUSKEGON HEREBY ORDAINS:

Ordinance number 2355 is hereby repealed and replaced by the following:

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

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

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

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

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


Adopted this 25th Day of October 2016.


Ayes:

Nays:

Absent:

                                                    BY: __________________________________
                                                           Stephen J. Gawron
                                                           Mayor

                                              ATTEST: __________________________________
                                                         Ann Meisch
                                                         Clerk


                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete a resolution adopted by the Muskegon City
Commission, County of Muskegon, Michigan, at a regular meeting held on August 25, 2016.

                                                            ______________________________
                                                            Ann Meisch
                                                            Clerk




10/20/16
                        Attachment A
2326 Greenwood Street
1977 Harding Avenue
1978 Harding Avenue
1984 Harding Avenue
1995 Harding Avenue
1996 Harding Avenue
2003 Harding Avenue
2006 Harding Avenue
1970 Harding Avenue
1987 Harding Avenue
1971 Harding Avenue
2200 McCracken Street
2204 McCracken Street
2218 McCracken Street
2226 McCracken Street
2271 McCracken Street
2272 McCracken Street
2287 McCracken Street
2311 McCracken Street
2320 McCracken Street
2331 McCracken Street
2264 McCracken Street
2001 Miner Avenue
1967 Miner Avenue
1975 Miner Avenue
1996 Miner Avenue
1997 Miner Avenue
2005 Miner Avenue
2011 Miner Avenue
2021 Miner Avenue
2030 Miner Avenue
2031 Miner Avenue
2038 Miner Avenue
2147 Moon Street
2198 Moon Street
2225 Moon Street
2231 Moon Street
2205 Moon Street
2206 Moon Street
2185 Moon Street
1992 Morton Avenue
1995 Morton Avenue
1998 Morton Avenue
2001 Morton Avenue
2006 Morton Avenue
2017 Morton Avenue
2016 Morton Avenue
1983 Morton Avenue
1993 Morton Avenue
2005 Morton Avenue
2026 Morton Avenue
2025 Morton Avenue




10/20/16
           Commission Meeting Date: October 25, 2016



Date:         October 17, 2016
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Quit Claim Five (5) Residential Properties to the Muskegon
              County Land Bank Authority for Demolition Through the
              “Hardest Hit 2” Funds Blight Grant


SUMMARY OF REQUEST:

Request to Quit Claim five (5) City of Muskegon residential properties:

        430 Allen Ave       333 Catherine Ave            325 Iona Ave
        139 Myrtle Ave      862 Stevens

to the Muskegon County Land Bank Authority, to be demolished using
“Hardest Hit 2” funds from the Michigan State Housing Development Authority
(MSHDA). The City obtained these properties through the property tax foreclosure
process at the end of 2015 with the intent to demolish them. The City did not pay for
any of these properties to obtain ownership.

FINANCIAL IMPACT:

By deeding these to the Muskegon County Land Bank Authority, the City will not
incur the demolition fees to demolish each of these structures (estimated at $70,000
plus).

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the request and have the Mayor and City Clerk sign the Quit Claim Deed
to the Muskegon County Land Bank Authority.
                             AGENDA ITEM NO. ___________

                   CITY COMMISSION MEETING ________________



TO:      Honorable Mayor and City Commissioners

FROM: Franklin J. Peterson, City Manager

DATE: October 18, 2016

RE:     West Michigan Metropolitan Transportation Planning Program (WestPlan)
         Dues FY2016 (October 1, 2016-September 30, 2017)
_______________________________________________________________________

SUMMARY OF REQUEST;
Authorize staff to pay the City of Muskegon’s portion of the WestPlan dues annually at
a cost not to exceed $20,000 annually payable to West Michigan Shoreline Regional
Development Commission: projects and distribution of federal transportation funds.


FINANCIAL IMPACT:
Not to exceed $20,000 per year.


BUDGET ACTION REQUIRED
None


STAFF RECOMMENDATION:
To approve this request.


COMMITTEE RECOMMENDATION:
None
          Commission Meeting Date: October 25, 2016




Date:         October 17, 2016
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           BID Special Assessment- Resolution Confirming
              Special Assessment Roll


SUMMARY OF REQUEST: The City Commission approved the creation of a BID special
assessment district at the September 27, 2016 meeting and the Special Assessment Roll is
now ready to be confirmed. The assessments will go towards various downtown
expenditures, including snow removal on sidewalks, spring/fall cleanup and landscaping,
holiday decorating, banners & directional signs, marketing/advertising and art. The BID
assessment includes both a “Class A” and a “Class B” district (see attached list).



FINANCIAL IMPACT: The total estimated cost of services within the BID is $150,000 of
which approximately 75% ($111,924) will be paid by the special assessment to property
owners, with the remaining amount to come from the existing BID fund.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To approve the attached resolution approving the
confirmation of the special assessment roll and authorize the Mayor and Clerk to sign.
                                     CITY OF MUSKEGON

                                      Resolution No. ______

                  Resolution Confirming Special Assessment Roll
       For DOWNTOWN MUSKEGON BUSINESS IMPROVEMENT DISTRICT (BID)


                Properties Assessed: See Exhibit A attached to this resolution


RECITALS:

1.      The City Commission determined to create a special assessment district covering the
        properties set forth in Exhibit A attached to this resolution on September 27, 2016, at the
        first hearing.

2.      The City has reviewed the special assessment roll which purports to levy a special
        assessment in the said district levying on “Class A” Properties, as defined in the BID
        Bylaws, shall be assessed an annual assessment of $0.08/sf with no assessment to exceed
        $3,000 and “Class B” Properties, as defined in the BID Bylaws, shall be assessed an
        annual assessment of $0.02/sf with no assessment to exceed $750.

3.      The City Commission has heard all objections to the roll filed before or at the hearing.


THEREFORE, BE IT RESOLVED:

     1. That the special assessment roll submitted by the Board of Assessors is hereby approved.

     2. That the assessments levied will be placed on the Winter 2016 tax bill.


     3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
        Mayor may endorse or attach his warrant bearing the date of this resolution which is the
        date of confirmation.
This resolution adopted.

       Ayes ___________________________________________________________________

______________________________________________________________________________


       Nays ___________________________________________________________________

______________________________________________________________________________


                                                      CITY OF MUSKEGON

                                                      By _________________________________
                                                         Ann Marie Meisch, Clerk


                                        CERTIFICATION

        This resolution was adopted at a meeting of the City Commission, held on October 25,
2016. 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.

       Further I hereby certify that the special assessment roll referred to in the above resolution
was confirmed on the date being October 25, 2016.


                                                      CITY OF MUSKEGON

                                                      By _________________________________
                                                         Ann Marie Meisch, Clerk
    Exhibit A

Properties Assessed
PARCEL NO.           PROPERTY ADDRESS       OWNER                                 Number       Street                        City             State   ZIP            SF_of_Lot         ASSESSMENT AMT     %_of_Assessed_Propert ass'mt based on sq ftage   CLASS
24-205-367-0011-10   1147 3rd St            1145 3RD STREET LLC                                PO BOX 809                    MUSKEGON         MI            49443               6228            $498.24      0.216491508              0.017319321              A
24-205-330-0010-00   136 W Webster Ave      136 WEBSTER LLC                            648     MONROE AVE NW STE 101         GRAND RAPIDS     MI            49503              17424          $1,393.92      0.605675663              0.048454053              A
24-205-330-0002-00   165 W Clay Ave         165 CLAY LLC                                       PO BOX 809                    MUSKEGON         MI            49443               4997            $399.76      0.173700717              0.013896057              A
24-205-315-0006-00   563 W Western Ave      3M INVESTMENTS LLC                         565     W WESTERN AVE STE B           MUSKEGON         MI            49440               9235            $738.80      0.321017834              0.025681427              A
24-205-566-0014-00   446 W Western Ave      446 W WESTERN AVE LLC                      446     W WESTERN AVE                 MUSKEGON         MI            49440             4168.6            $333.49      0.144904704              0.011592376              A
24-205-567-0001-10   450 W Western Ave      450 W WESTERN LLC                         4880     RAMBLING CREEK DR             MUSKEGON         MI            49441           7858.22             $628.66      0.273159585              0.021852767              A
24-205-314-0001-10   477 W Western Ave      475 W WESTERN AVE LLC                     1887     HOLTON RD STE D-279           MUSKEGON         MI            49445               1500            $120.00        0.0521415               0.00417132              A
24-205-567-0001-40   500 W Western Ave      500 W WESTERN AVE LLC                              PO BOX 1051                   MATTHEWS         NC            28106           9448.16             $755.85      0.328427489              0.026274199              A
24-205-188-0013-00   8 W Walton St          8 W WALTON LLC                                 8   W WALTON                      MUSKEGON         MI            49440               9240            $739.20      0.321191639              0.025695331              A
24-205-330-0008-00   896 Jefferson St       896 JEFFERSON LLC                                  PO BOX 809                    MUSKEGON         MI            49443               8976            $718.08      0.312014735              0.024961179              A
24-205-367-0011-00   1141 3rd St            AGUILAR LUIS                              8726     S HUSTON                      CHICAGO          IL            60617               2352            $188.16      0.081757872               0.00654063              A
24-205-187-0016-00   908 Terrace St         AUTHORITY BASE VALUE                       888     TERRACE ST                    MUSKEGON         MI            49440               1320            $105.60       0.04588452              0.003670762              A
24-205-315-0001-00   521 W Western Ave      BABBITT E C/P R TRUST                     4473     CHERRYWOOD CT                 MUSKEGON         MI            49441              13860          $1,108.80      0.481787459              0.038542997              A
24-205-315-0003-00   545 W Western Ave      BABBITT E C/P R TRUST                     4473     CHERRYWOOD CT                 MUSKEGON         MI            49441              13860          $1,108.80      0.481787459              0.038542997              A
24-205-365-0001-00   1144 3rd St            BAYVIEW LOAN SERVICING LLC                4425     PONCE DELEON BLVD             MIAMI            FL            33146            117612           $3,000.00      4.088310724              0.327064858              A
24-205-188-0004-00   928 Terrace St         BK MUSKEGON PROPERTIES LLC                4220     EDISON LAKES PKWY             MISHAWAKA        IN            46545              46264          $3,000.00      1.608182901              0.128654632              A
24-233-000-0006-00   350 W. Western Ave     BLIND PIG PROPERTIES LLC                   800     FIRST ST #357                 MUSKEGON         MI            49440           4889.49             $391.16      0.169963562              0.013597085              A
24-205-174-0004-00   750 Pine St            BOLEN DAVID L                                      PO BOX 113                    ROTHBURY         MI        49452-0113             19140          $1,531.20      0.665325539              0.053226043              A
24-205-367-0014-00   1129 3rd St            BURLING MICHAEL A/MARY J                  3497     MACARTHUR RD                  MUSKEGON         MI            49442               1386            $110.88      0.048178746                0.0038543              A
24-205-315-0005-10   557 W Western Ave      CBT ENTERPRISES LLC                       1003     W MAIN ST                     FREMONT          MI            49412               1185             $94.80      0.041191785              0.003295343              A
24-233-000-0005-00   356 W Western Ave      CENTURY CLUB DEVELOPMENT LLC                       PO BOX 732                    MUSKEGON         MI            49443           5581.67             $446.53       0.19402443              0.015521954              A
24-205-330-0001-00   835 Terrace St         CIHAK CHARLES W/LINDA B                    835     TERRACE ST                    MUSKEGON         MI            49440               8392            $671.36      0.291714311              0.023337145              A
24-205-322-0007-00   1236 8th St            CMN ENTERPRISES LLC                      18193     YUMA CT                       SPRING LAKE      MI            49456              17424            $348.48      0.605675663              0.012113513              B
24-205-177-0005-00   794 Pine St            COREPARK INVESTMENTS LLC                  1985     E LAKETON AVE                 MUSKEGON         MI            49442              22235          $1,778.80      0.772910833              0.061832867              A
24-205-313-0006-00   451 W Western Ave      COREPARK INVESTMENTS LLC                   111     W WESTERN AVE                 MUSKEGON         MI            49442               9240            $739.20      0.321191639              0.025695331              A
24-138-000-0101-00   297 W. Clay Ave #101   CORWIN STEPHEN C/LINDA C                  2049     CARTER DR                     MUSKEGON         MI            49441           1018.98              $81.52      0.035420764              0.002833661              A
24-205-175-0016-00   820 Terrace St         CZM PRPERTIES LLC                          700      TERRACE POINT RD #400        MUSKEGON         MI            49440             11616             $929.28      0.403783775              0.032302702              A
24-205-175-0010-00   790 Terrace St         DISSELKOEN JACK                           3315     REAL                          HOUSTON          TX            77087             13719           $1,097.52      0.476886158              0.038150893              A
24-205-330-0004-00   173 W Clay Ave         DOOM INVESTMENTS LLC                      2034     LAKESHORE DR                  MUSKEGON         MI            49441               6864            $549.12      0.238599504               0.01908796              A
24-205-188-0011-00   944 Terrace St         DOOM JEFFREY W                            2034     LAKESHORE DR                  MUSKEGON         MI            49441               4620            $369.60       0.16059582              0.012847666              A
24-233-000-0001-00   387 Morris Ave         DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440             24572           $1,965.76       0.85414729              0.068331783              A
24-233-000-0002-00   401 Morris Ave         DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440          24571.79           $1,965.74       0.85413999              0.068331199              A
24-233-000-0007-00   351 W. Western Ave     DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440             21714           $1,737.12      0.754800352              0.060384028              A
24-233-000-0012-00   325 W Western Ave      DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440           7945.21             $635.62      0.276183444              0.022094676              A
24-233-000-0013-00   307 W Western Ave      DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440          16477.87           $1,318.23      0.572787238              0.045822979              A
24-233-000-0014-00   299 W Western Ave      DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440           8223.06             $657.84      0.285841788              0.022867343              A
24-233-000-0015-00   295 W Western Ave      DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440           8213.94             $657.12      0.285524768              0.022841981              A
24-233-000-0024-00   292 W Western Ave      DOWNTOWN MUSKEGON DEVELOPMENT CO           425     W WESTERN AVE STE 200         MUSKEGON         MI            49440          42503.25           $3,000.00       1.47745547              0.118196438              A
24-205-316-0001-00   587 W Western Ave      EBEE PROPERTIES LLC                       1685     68TH ST SE                    CALEDONIA        MI            49316             12320             $985.60      0.428255519              0.034260442              A
24-205-316-0009-10   609 W Western Ave      EMP LLC                                  16149     BAIRD CT                      SPRING LAKE      MI            49456               2744            $219.52      0.095384184              0.007630735              A
24-205-187-0007-00   71 W Webster Ave       FETHKE KAREN J TRUST                      1201     MILLS AVE                     MUSKEGON         MI            49445              14700          $1,176.00      0.510986699              0.040878936              A
24-205-331-0001-10   877 Terrace St         FIFTH THIRD BANK                            38     FOUNTAIN SQ PLAZA MD 10ATA1   CINCINNATI       OH            45263              58695          $3,000.00      2.040296891              0.163223751              A
24-205-175-0006-00   121 W Western Ave      FIRST GENERAL CREDIT UNION                 589     E ELLIS RD                    MUSKEGON         MI            49441              16005          $1,280.40      0.556349804              0.044507984              A
24-205-176-0001-00   860 Terrace St         FRONTIER COMMUNICATIONS                    401     MERRITT 7                     NORWALK          CT              6851         82148.22           $3,000.00       2.85555427              0.228444342              A
24-205-566-0013-00   442 W Western Ave      G & Z PROPERTIES LLC                       442     W WESTERN AVE                 MUSKEGON         MI            49440             2741.2            $219.30      0.095286853              0.007622948              A
24-205-186-0006-00   830 Pine St            GILL EASTER JONES                         1215     SPRING ST                     MUSKEGON         MI            49442               1452            $116.16      0.050472972              0.004037838              A
24-205-186-0007-00   840 Pine St            GILL EASTER JONES                         1215     SPRING ST                     MUSKEGON         MI            49442               2904            $232.32      0.100945944              0.008075676              A
24-205-187-0003-00   839 Pine St            GILL EASTER JONES                         1215     SPRING ST                     MUSKEGON         MI            49442               3960            $316.80       0.13765356              0.011012285              A
24-205-187-0005-00   845 Pine St            GILL EASTER JONES                         1215     SPRING ST                     MUSKEGON         MI            49442               3168            $253.44      0.110122848              0.008809828              A
24-205-187-0006-00   849 Pine St            GILL EASTER JONES                         1215     SPRING ST                     MUSKEGON         MI            49442               2436            $194.88      0.084677796              0.006774224              A
24-205-318-0001-10   683 W Western Ave      GRAND TRUNK LLC                           1007     MOORINGS CT                   NORTH MUSKEGON   MI            49445               2254            $180.32      0.078351294              0.006268104              A
24-205-332-0008-00   935 Jefferson St       HAIRITAGE PROPERTIES LLC                  1768     BAYVIEW DR                    MUSKEGON         MI            49441               4183            $334.64      0.145405263              0.011632421              A
24-205-329-0001-00   885 Jefferson St       HENNESSY HOLDING LLC                      1074     JEFFERSON ST                  MUSKEGON         MI            49440           17325.6           $1,386.05       0.60225518              0.048180414              A
24-792-000-0001-00   316 Morris St          HINMAN LAKE LLC                            750     TRADE CENTER WAY STE 100      PORTGAGE         MI            49002            239828           $3,000.00      8.336661091              0.666932887              A
24-205-556-0001-00   149 Shoreline Dr       HOT ROD HARLEY DAVIDSON                    149     SHORELINE DR                  MUSKEGON         MI            49440         296454.83             $750.00      10.30506632              0.206101326              B
24-205-563-0006-00   902 3rd St             HUME PROPERTIES LLC                        900     3RD ST STE 302                MUSKEGON         MI            49440          56437.31           $3,000.00      1.961817329              0.156945386              A
24-205-333-0001-00   221 W Webster Ave      HUNTINGTON BANK                                    PO BOX 182334                 COLUMBUS         OH        43218-2334             92696          $3,000.00      3.222205649              0.257776452              A
24-205-315-0004-00   555 W Western Ave      INGALLS REAL ESTATE ACQUISITION LLC       3736     S BAKER ST                    MUSKEGON         MI            49444             11823             $945.84      0.410979302              0.032878344              A
24-205-379-0011-00   1185 3rd St            INTERNATIONAL AUTO GROUP LLC              1185     3RD ST                        MUSKEGON         MI            49441             17820           $1,425.60      0.619441019              0.049555281              A
24-205-323-0006-00   585 W Clay Ave         J & J CORNER PROPERTIES LLC                585     W CLAY AVE                    MUSKEGON         MI            49440               5247            $419.76      0.182390967              0.014591277              A
24-205-186-0009-00     860 Pine St            J & K PROPERTIES OF W MI INC                PO BOX 439                TWIN LAKE       MI          49457           16045              $320.90    0.557740244   0.011154805   B
24-205-175-0001-00     111 W Western Ave      J E REAL ESTATE CO LLC                  111 W WESTERN AVE             MUSKEGON        MI          49442           27142            $2,171.36     0.94348306   0.075478645   A
24-205-367-0013-00     1133 3rd St            J&J PLACE LLC                          1133 3RD ST                    MUSKEGON        MI          49441            4176              $334.08    0.145161936   0.011612955   A
24-205-317-0007-00     1208 8th St            JACOBSEN MICHAEL H TRUST                 35 RESEARCH DR STE 300       ANN ARBOR       MI          48103           24222              $484.44     0.84198094   0.016839619   B
24-138-000-0104-00     297 W. Clay Ave #104   JANSKI LLC                                  PO BOX 1225               MUSKEGON        MI          49443         1261.26              $100.90    0.043842659   0.003507413   A
24-485-000-0000-00     878 Jefferson St       JEFFERSON PROFESSIONAL CONDOMINIUM      878 JEFFERSON ST              MUSKEGON        MI          49440           36432            $2,914.56    1.266412749    0.10131302   A
24-205-187-0001-00     833 Pine St            JERVISS-FETHKE INSURANCE AGENCY INC      71 W WEBSTER                 MUSKEGON        MI          49440            3960              $316.80     0.13765356   0.011012285   A
24-205-176-0005-00     121 W Clay Ave         JILLIAN & JORDAN LLC                    675 RICHMOND NW               GRAND RAPIDS    MI          49504            4884              $390.72    0.169772724   0.013581818   A
24-205-322-0003-00     623 W Clay Ave         L & K COMPANY LLC                      2964 LAKESHORE DR W201         MUSKEGON        MI          49441           18388            $1,471.04    0.639185267   0.051134821   A
24-205-322-0005-00     639 W Clay Ave         L & K COMPANY LLC                      2964 LAKESHORE DR W201         MUSKEGON        MI          49441           17424            $1,393.92    0.605675663   0.048454053   A
24-205-367-0012-00     1137 3rd St            LEMKE DELORES J/LEMKE KIM A            1137 3RD ST                    MUSKEGON        MI          49441            4536              $362.88    0.157675896   0.012614072   A
24-205-351-0005-00     275 W Muskegon Ave     LEMMEN PONTIAC & FM EQ                   13 RANDALL                   COOPERSVILLE    MI          49404           17424            $1,393.92    0.605675663   0.048454053   A
24-205-367-0015-00     1125 3rd St            LINK BRAD D                            1125 3RD ST                    MUSKEGON        MI          49441            5805              $464.40    0.201787605   0.016143008   A
24-205-175-0021-00     777 Pine St            MCDERMOTT WILLIAM/DENISE                777 PINE ST                   MUSKEGON        MI          49442           15576              $311.52    0.541437335   0.010828747   B
24-205-331-0001-00     122 W Muskegon Ave     MCDONALDS CORP                              PO BOX 182571             COLUMBUS        OH          49503           42125            $3,000.00    1.464307122    0.11714457   A
24-205-317-0009-10     600 W Clay Ave         MILL STREET GROUP LLC                    35 RESEARCH DR STE 300       AN ARBOR        MI          48103            2464              $197.12    0.085651104   0.006852088   A
24-205-318-0001-00     664 W Clay Ave         MJ DOWNTOWN PROPERTIES LLC             5142 EVANSTON AVE              MUSKEGON        MI          49442           77614              $750.00    2.697940248   0.053958805   B
24-205-318-0008-00     650 W Clay Ave         MJ DOWNTOWN PROPERTIES LLC             5142 EVANSTON AVE              MUSKEGON        MI          49442            4800               $96.00      0.1668528   0.003337056   B
24-205-562-0001-00     715 Terrace St         MOKA CORPORATION                        715 TERRACE ST                MUSKEGON        MI          49440         93218.4            $3,000.00    3.240364796   0.259229184   A
24-205-322-0002-00     611 W Clay Ave         MOORE BRENDA M                          611 W CLAY AVE                MUSKEGON        MI          49440           9147.6             $731.81    0.317979723   0.025438378   A
24-205-332-0007-20     943 Jefferson St       MORALES MANUEL                         2737 SHARON CT SW              WYOMING         MI     49519-2317             4841             $387.28    0.168278001    0.01346224   A
24-205-563-0008-10     372 Morris St          MORRIS ST LLC                           425 W WESTERN AVE SUITE 200   MUSKEGON        MI          49440          313632            $3,000.00    10.90216193   0.872172954   A
24-432-000-0000-00     380 W Western Ave      MUSKEGON CHAMBER BUILDING LLC           300 WASHINGTON AVE STE 200    GRAND HAVEN     MI          49417         15289.9            $1,223.19    0.531492213   0.042519377   A
24-205-563-0008-11     340 Morris St          MUSKEGON GSA LLC                       6641 WEST BROAD ST STE 101     RICHMOND        VA          23230        47579.91            $3,000.00    1.653925248    0.13231402   A
24-205-315-0005-00     561 W Western Ave      MUSKEGON HERITAGE ASSOC                 561 W WESTERN AVE             MUSKEGON        MI          49440            5487              $438.96    0.190733607   0.015258689   A
24-205-316-0005-00     593 W Western Ave      MUSKEGON LAKEVIEW CONDOS LLC          15877 LAKE AVE                  GRAND HAVEN     MI          49417           10920              $873.60    0.379590119   0.03036721    A
24-204-000-0000-00     333 W Western Ave      NEW TREND INVESTMENTS LLC              8868 WATER ST                  MONTAGUE        MI          49437         9280.54              $742.44     0.32260085   0.025808068   A
24-205-176-0003-00     103 W Clay Ave         NOORDYK WILLIAM TRUST                  2700 KENOWA NW                 GRAND RAPIDS    MI          49544            5874              $469.92    0.204186114   0.016334889   A
24-205-316-0004-00     591 W Western Ave      NORTH EAST BUSINESS ASSOC LLC          5691 17 MILE RD                CEDAR SPRINGS   MI          49319            3360              $268.80    0.11679696    0.009343757   A
24-205-176-0012-00     66 W Webster Ave       NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR           TWIN LAKE       MI          49457            5676              $113.52    0.197303436   0.003946069   B
24-205-176-0013-00     821 Pine St            NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR           TWIN LAKE       MI          49457            1386               $27.72    0.048178746   0.000963575   B
24-205-176-0015-00     813 Pine St            NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR           TWIN LAKE       MI          49457            4554               $91.08    0.158301594   0.003166032   B
24-205-177-0007-00     820 Pine St            NW MILL REAL ESTATE LLC                 820 PINE ST                   MUSKEGON        MI          49442           26136              $522.72    0.908513494   0.01817027    B
24-205-567-0001-50     955 3rd St             PARKLAND ACQUISITION LLC                 75 W WALTON AVE STE 1        MUSKEGON        MI          49440           69696                 0.00*   2.422702651   0.193816212   A
24-605-000-0001-00     939 3rd St             PARKLAND ACQUISITION LLC (2/3 INT)       75 W WALTON                  MUSKEGON        MI          49440           67884            $3,000.00    2.359715719   0.188777258   A
24-205-566-0009-00     428 W Western Ave      PARKLAND HUDSONVILLE LLC                 75 W WALTON AVE #A           MUSKEGON        MI          49440           11648              $931.84    0.404896127   0.03239169    A
24-205-313-0005-00     441 W Western Ave      PH HOLDING LLC                              PO BOX 388                MUSKEGON        MI          49443           12904            $1,032.32    0.448555943   0.035884475   A
24-205-367-0001-00     1115 3rd St            PIONEER RESOURCES INC                   601 TERRACE ST #100           MUSKEGON        MI          49440            4356              $348.48    0.151418916   0.012113513   A
24-205-567-0001-20     490 W Western Ave      PORT CITY CIO BLDG                      490 W WESTERN AVE             MUSKEGON        MI          49440         7195.14              $575.61    0.250110261   0.020008821   A
24-205-328-0001-00     275 W Clay Ave         PRESS' DEVELOPMENT LLC                 8081 HOLTON DUCK LAKE RD       HOLTON          MI          49425           59400            $3,000.00    2.064803396   0.165184272   A
24-205-321-0007-00     1288 9th St            RELIABLE TOWING INC                    1288 9TH ST                    MUSKEGON        MI          49441           41758              $750.00    1.451549835   0.029030997   B
24-205-175-0015-00     806 Terrace St         RIEGLER PROPERTIES LLC                  808 TERRACE ST                MUSKEGON        MI          49440            3780              $302.40     0.13139658   0.010511726   A   *adjacent parcel w/939; cap has been met
24-233-000-0004-00     360 W Western Ave      RUSSELL BLOCK DEVELOPMENT LLC               PO BOX 732                MUSKEGON        MI          49443         7805.11              $624.41    0.271313428   0.021705074   A
24-233-000-0025-00     376 W Western Ave      RUSSELL BLOCK DEVELOPMENT LLC               PO BOX 732                MUSKEGON        MI          49443         3172.95              $253.84    0.110294915   0.008823593   A
24-205-379-0001-00     1157 3rd St            S & R KADO LLC                         2513 VISTA POINT CT NW         GRAND RAPIDS    MI          49534           17424            $1,393.92    0.605675663   0.048454053   A
24-205-175-0020-00     98 W Clay Ave          SEARER JAMES                            908 N SANDALWOOD CIR          MUSKEGON        MI          49441            1881              $150.48    0.065385441   0.005230835   A
24-233-000-0008-00     379 W Western Ave      SIDOCK PROPERTIES LLC                 45650 GRAND RIVER AVE           NOVI            MI          48374           22542            $1,803.36     0.78358246   0.062686597   A
24-205-318-0003-00     1250 9th St            STRONG LEIGH JR/LINDA                  2084 MARYLAND                  MUSKEGON        MI          49441           21120              $422.40    0.734152318   0.014683046   B
24-205-188-0012-00     952 Terrace St         SWIATEK TRUST                          4778 RUSSELL RD                MUSKEGON        MI          49445           13860              $277.20    0.481787459   0.009635749   B
24-205-555-0001-00     100 W Western Ave      THEBO JOYCE M REVOCBLE LIVING TRUST   45995 MEADOW CIRCLE E           MACOMB          MI          48044           16103            $1,288.24    0.559756382   0.044780511   A
24-205-351-0007-00     1100 3rd St            VENTURE ONE MANAGEMENT LLC             1100 3RD ST                    MUSKEGON        MI          49441            8712              $696.96    0.302837831   0.024227027   A
24-205-175-0018-00     118 W Clay Ave         VERIZON INC                             401 MERRITT 7                 NORWALK         CT          06851           17424              $348.48    0.605675663   0.012113513   B
24-205-316-0007-00     605 W Western Ave      WESTERN AVE LLC                         605 W WESTERN AVE             MUSKEGON        MI          49440            3354              $268.32    0.116588394   0.009327072   A
24-205-316-0008-00     607 W Western Ave      WESTERN AVE LLC                         605 W WESTERN AVE             MUSKEGON        MI          49440            4486              $358.88    0.155937846   0.012475028   A
24-205-189-0010-00     896 Pine St            WILSON EUDORA B JR                     8812 62ND AVE                  COLLEGE PARK    MD          20740            3480              $278.40     0.12096828   0.009677462   A
24-205-174-0008-00     772 Pine St            WITT LEE A TRUST                       1501 RUDDIMAN DR               MUSKEGON        MI          49445            4224               $84.48    0.146830464   0.002936609   B
24-205-321-0001-00     665 W Clay Ave         WWG HOLDINGS LLC                        665 W CLAY AVE                MUSKEGON        MI          49440           27720              $554.40    0.963574918   0.019271498   B
24-205-321-0004-00     699 W Clay Ave         WWG HOLDINGS LLC                        665 W CLAY AVE                MUSKEGON        MI          49440           27580              $195.60    0.958708378   0.019174168   B
24-205-321-0012-00     1237 8th St            WWG HOLDINGS LLC                        665 W CLAY AVE                MUSKEGON        MI          49440           13400              $268.00    0.465797399   0.009315948   B
                                                                                                                                              TOTALS:      2876787.21          $111,924.48
(contigious property = 1 assessment)                                                                                                     Assessment Rate                 TOTAL ASSESSMENT
                                                                                                                                 Class A               0.08
                                                                                                                                 Class B               0.02

                Total to be paid by assessments:                         $111,924.48
                                    Percentage = 74.62%




24-205-310-0012-00   880 1st                    CITY OF MUSKEGON                       933 TERRACE ST            MUSKEGON   MI             49440     24831    $1,986.48   0.863150389   0.069052031   A   formerly owned by ANKO Enterprises
24-205-310-0016-00   216 W Clay                 CITY OF MUSKEGON                       933 TERRACE ST            MUSKEGON   MI             49440   14828.26   $1,186.26   0.515445145   0.041235612   A   formerly owned by Hennessy's
24-205-367-0016-00   1121 3rd                   COUNTY OF MUSKEGON TREASURER           173 E APPLE AVE STE 104   MUSKEGON   MI             49442      1584      $126.72   0.055061424   0.004404914   A   formerly owned by Brad Link
                                                                                                                                                              $3,299.46
                         AGENDA ITEM NO._________

             CITY COMMISSION MEETING: October 25, 2016


TO:               HONORABLE MAYOR AND CITY COMMISSIONERS

FROM:             Kenneth D. Grant, Treasurer

DATE:             October 18, 2016

RE:               Public Hearing
                  Confirmation of Special Assessment Roll-Street Lighting


SUMMARY OF REQUEST:
Confirm the Special Assessment Roll-Street Lighting

FINANCIAL IMPACT:
Total collections over 10 years projected to be $2,706,860.00 based on 14,360 eligible
parcels.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Confirm the Roll for Special Assessment and to establish the amount to levy on all
eligible properties for 10 years and approve the attached resolution.


COMMITTTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                     Resolution No. ______

              Resolution Confirming Special Assessment Roll
                     For City-wide Street Lighting LED Upgrade


              Properties Assessed: See Exhibit A attached to this resolution


RECITALS:

1.     The City Commission determined to create a special assessment district covering the
       properties set forth in Exhibit A attached to this resolution on October 10, 2016, at the
       first hearing.

2.     The City has reviewed the special assessment roll which purports to levy a special
       assessment in the said district levying on each tax parcel with a state equalized value over
       $1,000 a total of $188.50, ($18.85 per year for ten years) which means that approximately
       100% of the cost of the LED street lighting upgrade will be paid by special assessments.
       It has been determined that this assessment is appropriate and considered to be beneficial
       to the assessed properties.

3.     The City Commission has heard all objections to the roll filed before or at the hearing.


THEREFORE, BE IT RESOLVED:

1.     That the special assessment roll submitted by the Board of Assessors is hereby approved.

2.     That the assessments levied may be made in ten equal installments of $18.85
       commencing on the Winter 2016 tax bill and each Winter tax bill thereafter.

3.     The Clerk is directed to endorse the certificate of this confirmation resolution and the
       Mayor may endorse or attach his warrant bearing the date of this resolution which is the
       date of confirmation.


This resolution adopted.
       Ayes ___________________________________________________________________

______________________________________________________________________________


       Nays ___________________________________________________________________

______________________________________________________________________________


                                                      CITY OF MUSKEGON

                                                      By _________________________________
                                                         Ann Marie Meisch, Clerk


                                        CERTIFICATION

        This resolution was adopted at a meeting of the City Commission, held on October 25,
2016. 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.

       Further I hereby certify that the special assessment roll referred to in the above resolution
was confirmed on the date being October 25, 2016.


                                                      CITY OF MUSKEGON

                                                      By _________________________________
                                                         Ann Marie Meisch, Clerk
                MAYOR’S ENDORSEMENT AND WARRANT

       I, Stephen J. Gawron, Mayor of the City of Muskegon hereby endorse the above
confirmation resolution and hereby warrant to the City Treasurer this date that he shall
proceed to collect the assessments at the time and in the manner set forth above.

                                             CITY OF MUSKEGON

                                             By _________________________________
                                                Stephen J. Gawron, Mayor
                                           Exhibit A


All eligible parcels located inside the City of Muskegon with a state equalized value over $1,000
                                          CITY OF MUSKEGON
                                      NOTICE OF PUBLIC HEARING
                            CONFIRMATION OF SPECIAL ASSESSMENT ROLL
                           SPECIAL ASSESSMENT DISTRICT: STREET LIGHTING
       The location of the special assessment district and the properties proposed to be assessed are:
PARCELS IN THE CITY OF MUSKEGON WITH A STATE EQUALIZED VALUE OF OVER $1,000, INCLUDING ALL
CITY OWNED PARCELS.

         PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll shall be held in the
City of Muskegon Commission Chambers on October 25, 2016 at 5:30 P.M.

        At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment roll which has been prepared and submitted for the purpose of said
hearing and for examination by those persons to be assessed. The special assessment roll is on file and
may be examined during regular business hours at the City Treasurer’s office between 8:30 A.M. and
5:00 P.M. on weekdays, except holidays.

       YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER IN
WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL
HAVE THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL
WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE HEARING OR DID
SO AT THE PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.

         You are further notified that at the first hearing the City Commission determined that the
special assessment district should be created, the improvement made, and the assessment levied. The
purpose of this hearing is to hear objections to the assessment roll and to approve, reject, or correct the
said roll.

      AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE CITY COMMISSION
AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

         The City Commission of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audio tapes or printed material being considered at the
meeting, upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring
auxiliary aids or services should contact the City of Muskegon by writing or calling the following:

Ann Meisch, City Clerk
933 Terrace Street
Muskegon, MI 49440
(231)724-6705
TTY/TDD: Dial 7-1-1 and request a representative to dial 231-724-6705
COMMISSION MEETING DATE: October 25, 2016

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order to
             Demolish. Dangerous Building Case #: EN1605342 – 2152 S Getty St.


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 2152 S. Getty St.
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure (they currently have obtained a
demolition permit to complete the demolition) the City would like to be able to follow
through with the demolition bidding process.

Location and ownership: This structure is located on S. Getty St. between Delano Ave.
and E. Hackley Ave. and is owned by Ramos-Delgado LLC.

Staff Correspondence: This property is a commercial property. The Notice and Order to
Repair was issued on 7/20/2016. On 9/1/2016 the HBA declared the structure
substandard and dangerous.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 60,100

Estimated cost to repair: $ 60,000 (Exterior estimate only. Owner has not requested
interior inspection.)

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
   1) Title search is performed so all interested parties are notified.
   2) All notifications are posted on the structure.
   3) All notifications are mailed by certified mail with a return card for signature.
Owner Contact: The Muskegon County Land Bank had sold the property on Land Contract and
the purchaser had fallen behind in the payments. The purchaser did find a financial backer for
the rehab and did have the payments caught back up; but nothing more had been completed
and they fell behind in their Land Contract payments.
T. Moulatsiotis did appear at the HBA meeting but the buyers had not. He had made it known
that they were behind in their payments again and was not sure what the Land Bank will choose
to do at this time. A. Esparza (financial backer) had inquired about the meeting of the HBA and
requested more information to be emailed to him (notifications, etc.) so he may determine how
he may proceed.
There had been no contact with the buyers of the property.
Permits obtained: None.

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.




Front view headed north.                              Front view.
Alley view of rear.




Rear view showing missing mortar.
                                                                      North side of building.




05/05/2016

RAMOS-DELGADO LLC
540 SHAMROCK
GRAND RAPIDS, MI 49503

Re: 2152 S GETTY ST

Dear RAMOS-DELGADO LLC,

To do its part in helping to promote and maintain our reputation as a fine residential community, the City
Commission has given the SAFEbuilt Building Dept. the responsibility to administer the provisions of
Chapter 10, Article VI Property Maintenance Code of the City of Muskegon Code of Ordinances.

Violations noted:
10-285 PROPERTY MAINT CODE NOTED VIOLATIONS MUST BE REPAIRED

0107 Roof Roof is totally deteriorated - must be replaced. 10-401 (1)(e)
0141 Paint Has peeling paint that needs to be scraped and needs to be protected from weather by
properly applied water-resistant paint or waterproof finish. 10-401 (1)(b)
0131 Siding & Trim Siding has holes in it, or is rotted or missing. 10-401 (1)(b)
0703 Windows Window(s) has/have broken or cracked glass.

Please contact our office if you have questions and so that we may discuss a solution to this issue.

Violation(s) must be resolved no later than 06/04/2016 to avoid the issuance of a citation.

Sincerely,

Ken Murar, SAFEbuilt/City of Muskegon
Date:     October 25, 2016

To:       Honorable Mayor and City Commissioners

From: Department of Public Works
RE:       City – Consumer contract for Street Lights Upgrade to LED



SUMMARY OF REQUEST:

Authorize staff to enter into an agreement with Consumer energy to start the process of
engineering and upgrading the City’s street lights to LED at an estimated cost of over
2.7 million dollars with an initial payment of $270,000 to start the process.



FINANCIAL IMPACT:
2.7 million.



BUDGET ACTION REQUIRED:
None at this time, however, future budgets will reflect this additional expense.


STAFF RECOMMENDATION:
To authorize staff to enter into an agreement with Consumer Energy to start the
engineering/upgrades of all consumer owned street lights into LED.



COMMITTEE RECOMMENDATION:
Current        Current LED Replacement
Wattage        Count Wattage                                LED - GUXL Rate (2016)                      LED - GUXL Rate (2017*)
         100       1125                      54                Power Supply Charges                          Power Supply Charges
         150        890                      72         $       0.052025                               $     0.034650
         175         30                      54                           $    55,468.37                               $     36,943.37
         250        708                     110
         400        212                     213                        PSCR                                            PSCR
         150         52                      84         $     (0.000140)                               $     (0.000140)
                                                                           $      (149.27)                                $      (149.27)
                                                       *Ceiling Factor for 2016                       *Ceiling Factor for 2017
                                                          Deliver Charges (CE owned)                      Deliver Charges (CE owned)
                                                        $      0.054687                                $      0.062884
                                                                           $    58,306.56                                 $    67,046.09

                                                              Fixture Charge per Lamp                       Fixture Charge per Lamp
                                                        $            6.00                              $          6.00
                                                                           $ 217,224.00                                 $     217,224.00
                                                                   Burning Hours                                 Burning Hours
         Current Annual Costs                                     4,200                                            4,200


$                                   580,247             $                      330,850                  $                     321,064

*2017 is for the proposed rate case: U-17990, this is just a proposed rate and has not been approved by the MPSC
                    Conceptual Costs for replacing Cobra Head fixtures with LED
                         Consumers Energy will require an engineering study for total project costs

Cobra Head                     Estimated Cost Per Fixture Number of Fixtures              Estimated Cost   Wattage Saved
100W HPS to 54W LED             $                   784.00                1125             $    882,000.00          51,750
150W HPS to 72W LED             $                   925.00                 890             $    823,250.00          69,420
250W HPS to 110W LED            $                   980.00                 708             $    693,840.00          99,120
400W HPS to 213W LED            $                 1,380.00                 212             $    292,560.00          39,644

Post Tops                 Estimated Cost Per Fixture Number of Fixtures Estimated Cost   Wattage Saved
150W HPS to 84W Traditional$                 1,503.00                  52 $    78,156.00           4,992
150W HPS to 84W Avery      $                 2,350.00
                                                                                                 264,926
                                                                          $ 2,769,806.00       1,112,689
                                                                                         kWh saved annually

*These are only estimates and costs may vary based on each fixture. Fixture and labor costs are included in the above estimate, however this
does not include any other removal costs or additional equipment costs due to center suspension lights, tree trimming, old poles in need of
replacement, etc.




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