City Commission Packet 07-24-2018

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        CITY OF MUSKEGON
         CITY COMMISSION MEETING
               JULY 24, 2018 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440
                                  AGENDA
□       CALL TO ORDER:
□       PRAYER:
□       PLEDGE OF ALLEGIANCE:
□       ROLL CALL:
□       HONORS AND AWARDS:
□       INTRODUCTIONS/PRESENTATION:
□       CITY MANAGER’S REPORT:
□       CONSENT AGENDA:
    A. Approval of Minutes      City Clerk
    B. L-3 Communication Quote        DPW
    C. Rezoning Request for a Portion of the Property at 710 Pulaski Ave
       Planning & Economic Development
    D. Launch Ramp Ordinance Change          DPW - REMOVED PER STAFF REQUEST
    E. First Amendment to Contract for Housing Exemption for Royale Glen
       Townhomes Planning & Economic Development
    □   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
    A. Concurrence with the Housing Board of Appeals Notice and Order to
       Demolish  Public Safety
        328 Catherine Ave
        720 Amity Ave
        1774 6th Street (Commercial Storage Building)


                                         Page 1 of 2
    B. Rezoning Request for a Portion of the Property at 306 Campbell St
       Planning & Economic Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

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




                                                       Page 2 of 2
Date:     July 17, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the July 9, 2018
Worksession Meeting and the July 10, 2018 Regular Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                     CITY OF MUSKEGON
                              CITY COMMISSION WORKSESSION
                                     Monday, July 9, 2018
                                          5:30 p.m.
                                  City Commission Chambers
                                          MINUTES

2018-51
Present:       Johnson, Turnquist, Warren, Rinsema-Sybenga and German
Absent:        Gawron and Hood

Launch Ramp Tickets and Fees
Summary of Request: To increase violation fines for not having a permit. Commissioners asked
questions regarding the proposed changes and staff answered.

This item will be on the July 10, 2018 City Commission meeting for consideration.

Launch Ramp Ordinance Change
Summary of Request: To amend Chapter 58 Parks and Recreation ordinance to include
additional language regarding daily permits.

This item will be on the July 10, 2018 City Commission meeting for consideration.

Housing: Mid-Town Square - Second Phase
The City Manager questioned whether the Commission wants him to pursue additional housing
improvements in the neighborhood. The Commission agreed they want him to move forward but
to try to find a public/private partnership in doing so.

Ameribank Development
Another developer has come forward with a proposal for the Ameribank Development. Port
City’s agreement has expired but indicates they are still interested. The City Manager would like
the project to move forward and be completed.

Gary Post reminded Commissioners of past projects he has completed downtown when the
economy was not as good. He indicates he has spent a lot of time working on the project. He is
requesting the City Commission give him two weeks to put together a development agreement
that is acceptable to everyone.

The Manager and Port City will review an agreement and hopefully have an acceptable plan to
submit to Commission in two weeks.

Notice of Intent to Enter into Debt for the Purposes of Building a Convention Center
Summary of Request: The Notice of Intent Resolution is the first step in the bonding process.
This resolution authorizes the publication of a Notice of Intent relating to the City’s bonds issued
for the purpose of paying all or part of the cost to acquire, construct, furnish and equip a new
convention center, including site acquisition, demolition and related site improvements. The
notice indicates the City’s intent to issue its limited tax full faith and credit Capital Improvement
Bonds in an amount not to exceed $20,000,000.

This item will be placed on the July 10, 2018 City Commission meeting.

Any Other Business

John Allen, 354 W. Muskegon, inquired about the proposed development for housing adjacent
to Hartshorn Marina. He inquired whether current slip holders would be displaced. The City
Manager indicated that no current slip holders will be displaced.

Roger Rapoport, 339 Houston, traffic calming measures in his neighborhood.

The Worksession Meeting adjourned at 8:00 p.m.

                                                       Respectfully Submitted,




                                                       Ann Marie Meisch, MMC – City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
             JULY 10, 2018 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                 MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, July 10, 2018. Pastor
Darrin Longmire, Forest Park Covenant 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 Ken Johnson, Byron
Turnquist, Debra Warren, and Willie German, Jr, and Dan Rinsema-Sybenga, City
Manager Frank Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent:     Vice Mayor Eric Hood
2018-52     CONSENT AGENDA:
   A. Approval of Minutes      City Clerk
SUMMARY OF REQUEST: To approve the minutes of the June 26, 2018 Regular
Meeting.
FINANCIAL IMPACT:       None
BUDGET ACTION REQUIRED:        None
STAFF RECOMMENDATION:          Approval of the minutes.
   B. Transfer to Economic Development Revolving Loan Fund From Economic
      Development Sappi       Finance
SUMMARY OF REQUEST: As fiscal year 2018-19 begins Finance would like to
streamline and reduce funds. As some on the Commission have requested we
are proposing to transfer the balance of funds from Economic Development
Sappi to Economic Development Revolving Loan funds. The Sappi fund was
created in 2010 with $500,000 from Sappi as part of the Settlement Agreement
for the closure of Sappi’s Muskegon Mill. The money is to be used for any
economic development purpose at the discretion of the City.


                                        Page 1 of 6
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:      Approve transfer of the remaining funds in the
Economic Development Sappi fund to the Economic Development Revolving
Loan fund.
   C. Mission Lift Station Monitoring Equipment         Department of Public Works
SUMMARY OF REQUEST: Authorize staff to purchase two lift station monitoring
units for two of our 21 stations.
The 2017/18 Sewer Maintenance Budget includes costs for the purchase and
installation of two Mission Monitoring Units, one to be installed at our Edgewater
Street Lift Station and the other at our Harbour Towne Lift Station.
Belasco, Newkirk, and C-N-C Electric were invited to bid. C-N-C Electric
provided the lowest quote of $11,000 per unit installed, including a service
contract for each unit good for one year. Belasco Electric did not bid.
FINANCIAL IMPACT:        The estimated cost of materials and installation is
$22,000.
BUDGET ACTION REQUIRED:     None. Expenditures for the purchase would
come from the Sewer Budget and were anticipated during the budgeting
process.
STAFF RECOMMENDATION:           Approve purchase.
   D. Procurement of Rapid Mixer       DPW/Water Filtration Plant
SUMMARY OF REQUEST: Authorize staff to procure new mixer from Fusion Fluid
Equipment to replace current mixer at the Water Filtration Plant.
We have two rapid mixers in service from Mastrrr and we have been replacing
them about every two years due to frequent failure of bearings. The bearings
are not replaceable and the design forces us to replace the whole unit. These
mixers are built to order, take six months to procure and the customer service is
also poor. We had contacted Fusion Fluid, a local firm to provide a custom
solution with replaceable parts, and the pricing is comparable to that from
Mastrrr.
FINANCIAL IMPACT:        $22,480.66
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:          Staff be authorized to procure rapid mixer from
Fusion Fluid Equipment at a cost of $22,480.66.
   E. 2018 Capital Improvement Projects – Milling and Resurfacing – Forest
      Avenue      Department of Public Works
SUMMARY OF REQUEST: Awarded the resurfacing contract for Forest Avenue

                                          Page 2 of 6
from Sanford Street to Clinton Street (H-1719) to the low bidder. Asphalt Paving
Incorporated. Two contractors submitted bids for the projects as follows:
      Asphalt Paving Incorporated                        $21,190.00
      Michigan Paving and Materials Company $31,153.00
FINANCIAL IMPACT:         $21,190.00
BUDGET ACTION REQUIRED:         None. This project is included in the capital
project list on the 2018/2019 budget. The resurfacing on Forest Avenue is being
funded through a CDBG ($30K budgeted).
STAFF RECOMMENDATION:           Award the project to the low bidder. Asphalt
Paving Incorporated.
   F. 2018 Capital Improvement Projects – Milling and Resurfacing – Eight (8)
      Street Segments Department of Public Works
SUMMARY OF REQUEST: Award the resurfacing (H-1718) for eight (8) street
segments to the low bidder, Michigan Paving and Materials Company. Three
contractors submitted bids for this project as follows:
      Michigan Paving and Materials Company $427,363.86
      Asphalt Paving Incorporated                        $492,224.71
      Rieth-Riley Construction Company                   $533,639.00
FINANCIAL IMPACT:         $427,363.86
BUDGET ACTION REQUIRED:         None. This project is included in the capital
project list on the 2018/2019 budget. The resurfacing on eight (8) streets is being
funded through Major Streets ($540K budgeted) and Local Streets ($200K
budgeted).
STAFF RECOMMENDATION:      Award the project to the low bidder, Michigan
Paving and Materials Company.
   G. Launch Ramp Tickets and Fees             Department of Public Works
SUMMARY OF REQUEST: To increase violation fines for not having a permit as
follows:
No Launch Ramp Permit:                  $70.00 per incident (currently $55.00)
No Commercial Launch Permit:            $250.00 per incident (currently no fine)
Vessels over thirty-feet or three or more axles launching:             $300.00 (currently
no fine)
Current Fees:
Resident Launch Permit:         $50.00
Resident Senior Launch Permit: $30.00

                                           Page 3 of 6
Non-Resident Permit:            $70.00
Senior, Non-Resident Permit:    $45.00
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the revised fines.
   H. Launch Ramp Ordinance Change            Department of Public Works
SUMMARY OF REQUEST: To amend Chapter 58 Parks and Recreation ordinance
to include the following language:
Section 58-3. Public boat launch permit; violation as a municipal civil infraction.
No person shall launch a vessel at the city launch ramp facilities without a
permit from the city. The annual permit is valid for the calendar year in which it
was purchased, for vessels less than thirty-feet launched from a trailer with two
axles or less (except pontoons), and only when visible from outside the vehicle
and fully adhered to the windshield of the vehicle registered with the city at the
time of purchase(s). Daily permits are valid for the 4-hour period of the date
purchased and must be displayed on the vehicle dash board with date and
permit number visible from outside the vehicle. Permit(s) are non-transferrable
and may not be re-sold. Violation of this section shall be a municipal civil
infraction.
Original:   No person shall launch a boat at the city launch facilities without a
permit from the city from March 1 through November 30. Violation of this section
shall be a municipal civil infraction. (Ord. No. 2351, 3-22-2016).
Added to the ordinance:
No private or for-profit business may launch commercial vessel(s) from the city
launch ramp facilities without the commercial launch permit from the city. The
permits(s) are valid for the calendar year in which they were purchased, for
vessels up to thirty-feet in length with less than two axles (except pontoons). The
permit is transferable only between vehicles owned by the purchaser for
business purposes and must be visible from outside the vehicle.
The Department of Public Works also requests to increase violation fines for not
having a permit. Those modifications are included in a separate agenda item.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approve the modified language for the
ordinance.
SECOND READING REQUIRED
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,

                                          Page 4 of 6
to approve the consent agenda as presented.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron
             Nays: None
MOTION PASSES
2018-53      PUBLIC HEARINGS:
   A. Request of the Establishment of an Industrial Development District at 2420
      Remembrance Drive        Planning & Economic Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Grooters Development has requested the establishment of an Industrial
Development District at 2420 Remembrance Drive. The establishment of the
district will allow the company to become eligible for Industrial Facilities Tax
Abatements (IFTs).
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:           None
STAFF RECOMMENDATION:             Approval of the establishment of the Industrial
Development District.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the establishment of the Industrial Development District.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Warren
             Nays: None
MOTION PASSES
2018-54      NEW BUSINESS:
   A. Notice of Intent Resolution Capital Improvement Bonds Convention Center
      Finance
SUMMARY OF REQUEST: The Notice of Intent Resolution is the first step in the
bonding process. This resolution authorizes the publication of a Notice of Intent
relating to the City’s bonds issued for the purpose of paying all or part of the
cost to acquire, construct, furnish and equip a new convention center, including
site acquisition, demolition and related site improvements. The notice indicates
the City’s intent to issue its limited tax full faith and credit Capital Improvement
Bonds in an amount not to exceed $20,000,000.
FINANCIAL IMPACT:         None.
BUDGET ACTION REQUIRED:           None.
STAFF RECOMMENDATION:             Approve the Notice of Intent Resolution for

                                           Page 5 of 6
Capital Improvements Bonds not to exceed $20,000,000 and authorize the City
Clerk to publish a notice of intent to issue the Bonds in the Muskegon Chronicle.
Motion by Commissioner Johnson, second by Commissioner German, to
approve the Notice of Intent Resolution for Capital Improvement Bonds not to
exceed $20,000,000 and authorize the City Clerk to publish a notice of intent to
issue the Bonds in the Muskegon Chronicle.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Warren, and
           German
            Nays: None
MOTION PASSES
   B. Houston Avenue Traffic Calming Proposal Department of Public Works
SUMMARY OF REQUEST: Construct bump outs along Houston Avenue at the
intersection of 5th Street to provide traffic calming effects along Houston
Avenue. Work is proposed to be completed by city crews from the highway
department.
FINANCIAL IMPACT:        $12,000
BUDGET ACTION REQUIRED:          None. Work performed by city crews included
within existing budget for salary/benefits and materials.
STAFF RECOMMENDATION:          Approve construction of the bump outs along
Houston Avenue.
Motion by Commissioner Warren, second by Commissioner German, to approve
construction of the bump outs along Houston Avenue.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Warren, German, Rinsema-
           Sybenga
            Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public Comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:00 p.m.


                                             Respectfully Submitted,




                                             Ann Marie Meisch, MMC, City Clerk


                                         Page 6 of 6
Date:    7/24/2018

To:      Honorable Mayor and City Commissioners

From: DPW/Equipment
RE:      L-3 Communication Quote


SUMMARY OF REQUEST:

The Equipment Division is requesting permission to order new Police in-car DVR units
along with new computer server to download DVR video for storage. Current server is at
end of life and will no longer be supported past the end of August.

FINANCIAL IMPACT:
$68,658.35 from the Equipment Budget and
$16,452.00 from the Public Safety Budget

BUDGET ACTION REQUIRED:
None. Amount is what was budgeted.

STAFF RECOMMENDATION:
Authorize staff to order new server and DVR units from L-3 Mobile Visions.




O:\CLERK\Common\Word\Agenda Items for Next Meeting\2018\072418\04a_L-3 Video Units 2018 (002).doc
        Commission Meeting Date: July 24, 2018



Date:         July 18, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Rezoning Request for a Portion of the Property at 710 Pulaski Ave


SUMMARY OF REQUEST:

Request to rezone a portion of the property at 710 Pulaksi Ave from I-1, Light Industrial to B-4,
     General Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the rezoning

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended approval of the request at their July 12
meeting, with four members absent.




                                                                                               1
SUMMARY
 1. The property is zoned I-1, Light Industrial. The building is used by Ramos Towing.
    The northern half of the property is vacant.
 2. The applicant would like to rent space to a dance studio, but that use in not allowed
    in industrial districts. The applicant would like to rezone a portion of the property to
    B-4 to allow for the dance studio and also for their future development plans on the
    northern portion of the property.
 3. This area has a mixture of several different uses, with business being the most
    prominent. Northern Machine Tool and Ramos Towing are the only industrial
    properties on the block. The Seaway Industrial Park is located just to the northeast of
    this property.
 4. Notice was sent to all property owners/tenants within 300 feet of this property. At
    the time of this writing, staff had not received any comments from the public.


  710 Pulaski Ave looking east. The owner is seeking to use the space on the left as a
                                    dance studio.




                                                                                          2
Aerial Map




Zoning Map




             3
Portion to rezone to B-4 in Red




                                  4
                                CITY OF MUSKEGON

                             MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO.

An ordinance to amend the zoning map of the City to provide for a zone change for a portion
           of the property from I-1, Light Industrial to B-4, General Business.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning for a portion of
the following described property from I-1, Light Industrial to B-4, General Business.

 CITY OF MUSKEGON SEC 31 T10N R16W E 409 FT OF S 829 FT OF NW FRL 1/4 OF SW FRL 1/4
  SEC 31 T 10 N R 16 W EXC THAT PT TH'OF DEEDED TO STATE OF MI FOR HWY PURPOSES
         ALSO EXC E 62 FT TH'OF ALSO E 1/2 OF VAC BEIDLER ST ADJ TO SD DESC

This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: __________________________
                                                         Ann Meisch, MMC
                                                         City Clerk




                                                                                                 5
                                          CERTIFICATE
                         (Rezoning a portion of 710 Pulaski Ave I-1 to B-4)

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 24th day of July, 2018, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of Muskegon.
I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and
that minutes were kept and will be or have been made available as required thereby.

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



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




                                                                                                     6
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on July 24, 2018, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for a portion of the
property from I-1 to B-4:

         CITY OF MUSKEGON SEC 31 T10N R16W E 409 FT OF S 829 FT OF NW FRL 1/4 OF SW
         FRL 1/4 SEC 31 T 10 N R 16 W EXC THAT PT TH'OF DEEDED TO STATE OF MI FOR HWY
         PURPOSES ALSO EXC E 62 FT TH'OF ALSO E 1/2 OF VAC BEIDLER ST ADJ TO SD DESC

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

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

Published ____________________, 2018                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Meisch, MMC
                                                                     City Clerk

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

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

Account No. 101-80400-5354




                                                                                                                        7
                    Commission Meeting Date: July 24, 2018




Date:        July 18, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          First Amendment to Contract for Housing Exemption for Royale
             Glen Townhomes


SUMMARY OF REQUEST:

Hackley-Barclay and the City entered into a Contract for Housing Exemption on November
23, 1993, in which the City granted Hackley-Barclay a payment in lieu of taxes (PILOT) to
help finance the construction of 78 townhouses at Royale Glen Townhomes. The PILOT
that was granted was under the City’s old PILOT exemption ordinance, which stated that the
PILOT exemption would terminate if the property receiving the exemption was refinanced;
however, the City’s PILOT ordinance has since been amended in a way that would allow
Hackley-Barclay to obtain the necessary financing and still maintain the PILOT exemption.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the amended contract

COMMITTEE RECOMMENDATION:

None




7/18/2018
COMMISSION MEETING DATE: July 24, 2018

TO:           Honorable Mayor and Commissioners

FROM:         Jeffrey Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish. Dangerous Building Case #: EN1801162 – 328 Catherine Ave


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 328 Catherine
Ave is unsafe, substandard, a public nuisance and that it be demolished within thirty
(30) days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder or staff may issue
civil infraction citations to the owner, agent or responsible party if they do not demolish
the structure.

Location and ownership: This structure is located on Catherine Ave between Spring
St and Ambrosia St. The property is located in the McLaughlin Neighborhood. The
structure is owned by Brent Slater, 1693 Beidler St, Muskegon, MI 49441.

Staff Correspondence:
April 30, 2018, a complaint notice was sent, with no response.
May 14, 2018, a final complaint notice was sent, with no response.
June 5, 2018, the Notice & Order was sent and posted.
June 22, 2018, a ten day notice was sent and posted.
All notices are sent First Class and Certified Mail and posted on the property in
question.
On July 5, 2018, the HBA declared the structure substandard, dangerous and a public
nuisance. The owner did not attend the HBA hearing.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $12,900

Estimated cost to repair: $45,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact: No owner contact throughout the dangerous building notification
process.

Permits obtained: None


Owner SLATER BRENT
     1693 BEIDLER ST
     MUSKEGON, MI 49441-2368

Enforcement # EN1801162
Property Address: 328 CATHERINE AVE
Parcel # 24-205-250-0005-10

Date completed: April 16, 2018

DEFICENCIES:
  1. Front porch windows are broken, missing or boarded with bare wood
  2. Siding on front porch is loose, missing or not attached
  3. Front porch entry door is delaminating, rotted and missing trim
  4. Handrails are missing on front steps
  5. Many window frames are rotted, have peeling paint and missing glazing
  6. Several window are cracked or broken
  7. Siding has peeling paint, missing sections, rotted sections and loose
  8. Foundation on west side of home has vehicular damage. Many cement blocks are
      damaged or missing. Foundation wall show signs of immediate collapse.
  9. Soffits and fascia are rotted, missing, loose and have peeling paint
  10. Basement windows are broken, missing or boarded with an approved materials
  11. Garage foundation blocks are loose, missing mortar or out of position
  12. Garage overhead door is off track
  13. Chimney liner cap at top of chimney is missing
  14. Gas & electrical service was locked off at the time of the inspection

NOTE: This depicts an exterior only inspection

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

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS of 328 Catherine Ave
COMMISSION MEETING DATE: July 24, 2018

TO:           Honorable Mayor and Commissioners

FROM:         Jeffrey Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish. Dangerous Building Case #: EN1800601 – 720 Amity Ave


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 720 Amity is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue civil
infraction citations to the owner, agent or responsible party if they do not demolish the
structure.

Location and ownership: This structure is located on Amity School St between
Kenneth St and S. Getty St and in the Angell Neighborhood. The property is owned by
Claudia Copeland (deceased), Hattie Copeland, 1315 Flower Ave, Muskegon, MI 49442
& Lottie Copeland, 19101 Evergreen 301, Detroit MI 48219.

Staff Correspondence: On March 8, 2018, Muskegon Police Dept. assisted Lottie
Copeland entering the structure and found the home was in disrepair and loaded with
clothing and other items. The Building Department was summoned to assist MPD
regarding the condition of the home.
On April 20, 2018, a notice to repair was sent with no response.
On May 7, 2018, a final notice to repair was sent, with no response.
On June 5, 2018, The “Notice & Order” was sent and posted.
On June 22, 2018, a ten day notice was sent and posted.
On July 5, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $18,800

Estimated cost to repair: $55,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact:
Owner’s daughter, Lottie Copeland called and advise she wanted to make the repairs
and keep the house.
Both Lottie and Hattie Copeland attended the HBA hearing. Both testified they would
like to repair the home and keep the home in the family but also stated they were having
a difficult time just paying the property taxes.
After the HBA hearing, Lottie spoke with inspector Paulson stating the home would be
too costly to repair and the “home should be demolished”.

Permits obtained: None

                    DANGEROUS BUILDING INSPECTION REPORT

Owner CLAUDIA COPELAND (deceased)
      720 AMITY AVE
      MUSKEGON, MI 49442

Enforcement # EN1800601
Property Address: 720 AMITY AVE
Parcel # 24-205-050-0018-30

DEFICENCIES: Exterior Inspection only: Date completed: March 9, 2018
  1. Roof: There is a large hole in the roof right of front dormer
  2. Roofing is loose, not attached and rotted in several areas
  3. Soffits and fascia are rotted, missing or not attached
  4. Window frames and trim are rotted, missing or not attached
  5. Windows are missing, are cracked, have holes and several will not close
  6. Siding has peeling paint, holes, rotted in several areas and sections missing
  7. Porch decking is rotted or missing

DEFICENCIES: INTERIOR Inspection only: Date completed: May 7, 2018
  1. A large amount of clothing, debris and construction materials are located throughout the
     home making it difficult to navigate throughout the home.
  2. A large hole in the dining room ceiling from the roof leak.
  3. Water damage noted throughout the entire home.
  4. Walls have water damage.
  5. Upper bedrooms have major water damage. Ceilings have collapsed and the walls have
     holes and black mold.
  6. Unable to operate sinks, toilet and tub due to the amount of debris in or around these
     items.
  7. Unable to inspect the condition of the basement, water heater and furnace due to
     the amount of debris piled in the stairway

Based upon my recent inspection of the above property I determined that the structure meets the
definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of
the Muskegon City Code.
        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS OF 720 Amity
COMMISSION MEETING DATE: July 24, 2018

TO:           Honorable Mayor and Commissioners

FROM:         Jeffrey Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish.
              Dangerous Building Case #: EN1804046 – 1774 6th Street (commercial
              storage building)


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the commercial storage building
located at 1774 6th Street is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be directed
to obtain bids for the demolition of the structure and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest responsible
bidder or staff may issue civil infraction citations to the owner, agent or responsible
party if they do not demolish the structure.

Location and ownership: This structure is located on 6th Street between W. Larch Ave
and W. Laketon Ave end in the Nelson Neighborhood. The structure is owned by Joyce
Hudson, 1672 Harvey St, Muskegon, MI 49442.

Staff Correspondence:
May 7, 2018, a notice to repair or remove the structure was sent, with no response.
May 21, 2018 a ‘final notice” to repair or remove the structure was sent, with no
response.
June 5, 2018, the “Notice & Order” was sent.
June 22, 2018, a ten notice of the HBA hearing was sent.
Note: This structure was declared in 2012, case EN110050 and partially demolished.
There are two buildings attached to this property, 1770 6th St and the target structure,
1774 6th St.
The owner’s son, Wally, contacted the Inspections Department and stated he would like
to complete the demolition of the structure but has a medical condition limiting the
amount of work he can complete. Wally was given a list of demolition contractors to
assist in the removal of the structure.
On July 5, 2018, the HBA declared the garage structure substandard, dangerous and a
public nuisance. The owner or the owner’s son, did not appear at the HBA hearing.

Financial Impact: General Funds

Budget action required: None

State Equalized value:      $12,200 (entire property)
Estimated cost to repair this structure: $79,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the commercial storage building at 1774 6th St only.

Permits obtained: None

                             DANGEROUS BUILDING INSPECTION

Owner HUDSON JOYCE L
     1672 HARVEY ST
     MUSKEGON, MI 49442

Enforcement # EN1804046
Property Address: 1770 6TH ST (The 1774 6th St structure only)
Parcel # 24-205-462-0006-00

Date completed: June 26, 2018

DEFICENCIES:
     Note: This building has been partially demolished
  1. Roof: the structure has a flat roof. Most of the roof has collapsed

    2. Entry doors are rotted, damaged or not attached

    3. Windows are broken or missing

    4. Block walls have numerous cracks, blocks missing and numerous holes.

    Note: The listed violation depict an exterior only inspection

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

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

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS OF 1774 6TH STREET
        Commission Meeting Date: July 24, 2018



Date:        July 18, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Rezoning Request for a Portion of the Property at 306 Campbell St


SUMMARY OF REQUEST:

Request to rezone a portion of the property at 306 Campbell St from R-1, Low Density Single
Family Residential to I-1, Light Industrial.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff does not recommend approval of the rezoning, based on the findings in the Master Land
       Use Plan.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended denial of the request at their July 12
meeting, with four members absent.




                                                                                              1
SUMMARY
 1. The property is 7.1 acres and consists mostly of wetlands. There is a house fronting
    Campbell St, but most of the property is vacant.
 2. The wetlands area is zoned I-2, General Industrial and the rest is zoned R-1, Low
    Density Single-Family Residential.
 3. The applicant is requesting to rezone the corner of Getty/Leonard to I-1, Light
    Industrial to build a small manufacturing space. This area would be approximately
    92’ x 130’ (11,960 sf).
 4. The corner of Getty/Leonard consists mostly of multi-family housing.
 5. Notice was sent to all property owners/tenants within 300 feet of this property. At
    the time of this writing, staff had received two calls (Robert Harwood at 367 Gunn
    St, Yvonne Morrisey at 736 Marquette) that were both against the request.




                      306 Campbell at the corner Getty/Leonard




                                                                                      2
Aerial Map




Zoning Map




             3
                                CITY OF MUSKEGON

                             MUSKEGON COUNTY, MICHIGAN

                                 ORDINANCE NO.

An ordinance to amend the zoning map of the City to provide for a zone change for a portion
       of the property from R-1, Low Density Single Family to I-1, Light Industrial.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning for a portion of
the following described property from R-1, Low Density Single Family Residential to I-1, Light
Industrial.

  CITY OF MUSKEGON SUB DIV OF BLK 3 REVISED PLAT OF 1903 N 88 FT OF LOTS 21 TO 26
                 INCL & S 1/2 OF ADAMS AVE VAC ADJ TO SAID LOTS

This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By: __________________________
                                                         Ann Meisch, MMC
                                                         City Clerk




                                                                                                 4
                                          CERTIFICATE
                      (Rezoning a portion of 306 Campbell St from R-1 to I-1)

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 24th day of July, 2018, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of Muskegon.
I further certify that the meeting was conducted and public notice was given pursuant to and in full
compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and
that minutes were kept and will be or have been made available as required thereby.

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



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




                                                                                                     5
                                             CITY OF MUSKEGON
                                            NOTICE OF ADOPTION

Please take notice that on July 24, 2018, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for a portion of the
property from R-1 to I-1:

         CITY OF MUSKEGON SUB DIV OF BLK 3 REVISED PLAT OF 1903 N 88 FT OF LOTS 21 TO
         26 INCL & S 1/2 OF ADAMS AVE VAC ADJ TO SAID LOTS

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

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

Published ____________________, 2018                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Meisch, MMC
                                                                     City Clerk

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

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

Account No. 101-80400-5354




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