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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
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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:
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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:
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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,
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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:
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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
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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.
0