City Commission Packet 07-22-2014

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                         JULY 22, 2014
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                               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. Permanent Traffic Control Order. PUBLIC WORKS
     C. Approval of Vinyl Siding Installers for      Fiscal   Year   2014-2015.
        COMMUNITY & NEIGHBORHOOD SERVICES
     D. Approval of the Housing Development Grant Agreement for Target
        Market Analysis. COMMUNITY & NEIGHBORHOOD SERVICES
     E. Hours at City Parks – Ordinance Amendment. CITY CLERK
     F. Michigan Irish Music Festival (MIMF) – Request to Serve Spirits at the
        Festival. PLANNING & ECONOMIC DEVELOPMENT
     G. Vacation of the Alley between Vulcan Street and Brunswick Street, from
        Nims Street to Keating Avenue.           PLANNING & ECONOMIC
        DEVELOPMENT
□ PUBLIC HEARINGS:
     A. Request for an Industrial Facilities Exemption Certificate – The Bold
        Companies. PLANNING & ECONOMIC DEVELOPMENT
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
        A. Approval of Sale of City-Owned Property at 2279 Austin. COMMUNITY
           & NEIGHBORHOOD SERVICES
        B. Approval of Sale of City-Owned Home at 2035 Harding. COMMUNITY &
           NEIGHBORHOOD SERVICES
        C. Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish the Following: PUBLIC SAFETY
            1747 7th Street
            766 W. Southern
□ 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 CUMMINGS, 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.
Date:     July 22, 2014
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Cummings, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the July 7th
Commission Worksession Meeting, and the July 8th City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
                                        City of Muskegon
                                  City Commission Worksession
                                           July 7, 2014
                                   City Commission Chambers
                                             5:30 PM

                                           MINUTES

2014-50
Present: Commissioners Hood, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and Spataro.
Absent: Commissioner German.

Codification of City Ordinances.
Approximately every ten years, the City’s ordinances are reviewed for errors, omissions,
additions, deletions, changes to sections affected by previous modifications, and to be sure they
comply with State law. Staff, the City Attorney, and the Attorney from MuniCode reviewed all
ordinances and have compiled a list of recommended changes that have been forward to
Commissioners.

James Bonneville of MuniCode was present to explain the process of codification.

Ann Cummings, City Clerk, reviewed some specific changes that were given to Commissioners
for review.

This item has been placed on the July 8, 2014 Commission Meeting for consideration.

Engineering Services – Muskegon/Webster.
This is a request to authorize staff to enter into an engineering services agreement with a firm to
be selected by staff upon review of proposals which are due on the 11th of July. Staff’s selection
will be based on proposed schedule, project teams, and proposed fee.

The selected engineering firm will be responsible for collecting the survey information necessary
to perform the design to reconstruct Muskegon & Webster from 9th Street to Spring Street using
the recently awarded PRIP grant.

Now that the city has been granted the construction cost of $3.3 million, it is necessary to amend
the 2014/2015 budget to incorporate the cost for the engineering services which will be
determined upon receiving the proposals on the 11th of July.

Motion by Vice Mayor Spataro, seconded by Commissioner Hood to authorize staff to
select and enter into an engineering services agreement and incorporate the engineering
cost of the Muskegon/Webster project into the 2014/2015 budget.

                                                                             Roll Call Vote:

Ayes: Gawron, Hood, Spataro, Rinsema-Sybenga, Turnquist, and Johnson.
Nays: None.

                                                                             MOTION PASSES
Any Other Business.
Commissioner Turnquist indicated the city needs a rule to not close any city park for the Fourth
of July.

Public participation was accepted.

Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Rinsema-Sybenga to adjourn
at 6:17 p.m.

                                                                           MOTION PASSES



                                                            ____________________________
                                                             Ann Marie Cummings, MMC
                                                                        City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                           JULY 8, 2014
    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, July 8, 2014.
Mayor Gawron opened the meeting with prayer from Mr. George Monroe from
the Evanston Avenue Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, and Eric
Hood, City Manager Franklin Peterson, City Attorney John Schrier, and City Clerk
Ann Marie Cummings.
Commissioner Ken Johnson arrived at 5:34 p.m.
2014-51 CONSENT AGENDA:
      A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the June 24th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Farmers’ Market – Second Amendment to Purchase Agreement.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Due to the weather conditions during the winter of
2013-2014, the construction of the new downtown Farmers’ Market has taken
longer than anticipated. Final items are being completed by the contractor,
and final approvals and payments are required prior to transferring the property
from the DMDC to the City. The City Commission approved a “First Amendment
to Purchase Agreement” in May. It is necessary to extend the closing date
further.   Therefore, Commission is requested to enter into a “Second



                                                                                   1
Amendment to Purchase Agreement”. The Amendment allows for continued
operation of the Farmers’ Market prior to the official closing on the property,
with the City “fully responsible for any and all liability related to operating the
Farmers’ Market” during that time. The closing is moved to August 8, 2014, or
before.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Second Amendment to Purchase
Agreement” and authorize the City Manager’s signature (after the fact).
      C. Special Event Request – Catamaran Racing Association of Michigan.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: C.R.A.M. is holding their annual Catamaran sailing
regatta at Pere Marquette Park, July 25 – 27, 2014. They are again requesting
permission for their participants to camp overnight at the park, as they have
done in previous years. They would like to use the City-owned parking lot across
from the former Captain Jack’s restaurant for overnight camping, provided that
the new owners (Harris Hospitality) approve. If they are unable to use that lot,
they request to use the parking lot at Harbour Towne beach.
They expect around 10 RV’s in the lot overnight. This is the event’s seventh year
of operation and there have been no problems in the past with this group. They
will provide proof of liability insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve overnight camping at Pere Marquette
Park for this event on July 25, 26, and 27, 2014.
Motion by Commissioner Hood, second by Commissioner German to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Spataro
            Nays: None
MOTION PASSES
2014-52 NEW BUSINESS:
      A. Codification of City Ordinances. CITY CLERK
SUMMARY OF REQUEST: Approximately every ten years, the City’s ordinances
are reviewed for errors, omissions, additions, deletions, changes to sections
affected by previous modifications, and to be sure they comply with State law.



                                                                                      2
Staff, the City Attorney, and the Attorney from MuniCode reviewed all
ordinances and have compiled a list of recommended changes that have
been forwarded to Commissioners.
To simplify changes to any fees, we have removed the amount of fees in the
ordinances and will add them into our user fee resolution to save future
publication costs.
FINANCIAL IMPACT: This is a budgeted item and has been paid over a period of
two fiscal years for a total price of $18,675.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance to enact a new code of
ordinances for the City of Muskegon and authorize the user fees to be added to
the user fee resolution.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
adopt the ordinance to enact a new code of ordinances for the City of
Muskegon and authorize the user fees to be added to the user fee resolution.
ROLL VOTE: Ayes:    Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood,
           Spataro, and German
             Nays: None
MOTION PASSES
      B. No Parking Front/Side Yard – Ordinance Amendment. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed amendment to Section 8.10(1)
of the City Ordinance as it relates to parking violators that do not park in
designated areas in residential sections.
The amendment would add subsection (y) “No Parking unimproved Front/side
yards of a residential lot”, resulting in the issuance of a Municipal Civil Infraction.
The police department receives numerous complaints that vehicles park in these
unimproved areas adding to property blight and generate unnecessary calls for
service which cannot be mitigated by the police department at this time.
FINANCIAL IMPACT: Positive financial impact as fines may be received by
violators not in compliance.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:             Staff recommends approving this ordinance
amendment as written.
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
approve the ordinance amendment as written relating to no parking front/side



                                                                                          3
yard.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German, and
           Rinsema-Sybenga
              Nays: None.
MOTION PASSES
        C. Consideration of Bids for Merrill Avenue Reconstruction between Fifth
           and Third. ENGINEERING
SUMMARY OF REQUEST: Award the reconstruction of Merrill from Fifth to Third
contract to Accurate Excavators, LLC since they were the lowest responsible
bidder with a total bid price of $295,197.95.
FINANCIAL IMPACT: The construction cost of $295,197.95.
BUDGET ACTION REQUIRED: None at this time; however, if the millage proposal
does not pass, then funds will need to be transferred from Major Street Funds to
Local Street.
STAFF RECOMMENDATION: Award the contract to Accurate Excavators, LLC.
Motion by Commissioner Johnson, second by Commissioner German to award
the contract to Accurate Excavators, LLC.
ROLL VOTE: Ayes:  Johnson, Gawron, Hood, Spataro, German, Rinsema-
           Sybenga, and Turnquist
              Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:25 pm.


                                                 Respectfully submitted,




                                                 Ann Marie Cummings, MMC
                                                 City Clerk




                                                                                   4
Date:    July 22, 2014

To:      Honorable Mayor and City Commissioners

From: DPW
RE:      Permanent Traffic Control Order-Install “2 (two) hour parking” limit signs
         from 8:30am to 5:30pm in the specified downtown areas per Traffic
         Control Work Order #15-(2014).


SUMMARY OF REQUEST:


Authorize staff to install “2 (two) hour parking” limit signage from 8:30am to 5:30pm,
where permissible to install, in the specified downtown areas bordering 7th Street up to
Terrace Street and from Shoreline Drive to Muskegon Avenue, with the exception of 1st
Street from Morris Street to Western Avenue, per Traffic Control Work Order # 15-
(2014)



FINANCIAL IMPACT:
Cost of signs/posts and man-power to install, if approved.



BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
Authorize DPW staff to install “2 (two) hour parking” limit signs per Traffic Control Work
Order #15-(2014).



COMMITTEE RECOMMENDATION:
              Commission Meeting Date:             July 22, 2014

Date:       July 15, 2014
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services Department
RE:         Approval of Vinyl Siding Installers for Fiscal Year 2014-
            2015


SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign a contract with Mark Tucker Construction, 1620 Fruitvale Rd.,
Holton, MI, and Cutting Edge, 766 Chatterson Road, Muskegon, MI to install
vinyl siding at an agreed price of $50.00 (fifty dollars) per building square for the
Vinyl Siding Program’s 2014 – 2015 fiscal year.

The Community and Neighborhood Services office received one other bid from
vinyl siding installers:

    Schmidt Roofing and Construction, 552 W. Southern, Muskegon MI
     49441: $85.00 per building square

FINANCIAL IMPACT: Funding will be disbursed from the 2014–2015
Community Development Block Grant Vinyl Siding fund.

BUDGET ACTION REQUIRED: None at this time.

STAFF RECOMMENDATION: To approve request.

COMMITTEE RECOMMENDATION: None
                  2014-2015 CDBG - Vinyl Siding Installers
                                               Bid Results

                                MARK            CUTTING          SCHMIDT
                               TUCKER            EDGE            ROOFING       Average    Low      High
                                                                  552 W.
                              1620 Fruitvale   766 Chatterson    Southern
                                Holton, MI      Muskegon, MI    Muskegon, MI
Siding/Estimate (per sq)         $37.00           $50.00          $85.00       $57.33    $37.00   $85.00
Fascia (per ft)                  $1.00            $1.00           $190.00      $64.00    $1.00    $190.00
Soffit (per ft)                  $1.00            $1.00            $3.00       $1.67     $1.00     $3.00
Door Wrap (each)                 $20.00           $25.00          $25.00       $23.33    $20.00   $25.00
Windows Wrap (each)              $20.00           $25.00          $25.00       $23.33    $20.00   $25.00
Wood (per ft)                    $1.00            $1.00            $2.75       $1.58     $1.00     $2.75
Treated Wood/Cedar (per ft)      $1.00            $1.00            $3.95       $1.98     $1.00     $3.95
Fan Fold (per sq)                $11.00           $10.00          $11.00       $10.67    $10.00   $11.00
Tyvek Cap (per sq)               $11.00           $10.00          $11.00       $10.67    $10.00   $11.00
Tyvek Cap (per ft)               $1.00            $1.00           $11.00       $4.33     $1.00    $11.00
Commission Meeting Date: July 22, 2014


Date:       July 16, 2014
To:         Honorable Mayor and City Commission
From:       Community and Neighborhood Services Department
RE:         Approval of the Housing Development Grant Agreement for Target
            Market Analysis
__________________________________________________________________

SUMMARY OF REQUEST: The cities of Muskegon, Norton Shores, Muskegon
Heights, along with the County of Muskegon, are interested in pursuing a Target
Market Analysis Study to forecast our future housing needs; this will enable each
city to have a tool for investors and developers and may lead to future
investment. The agreement is with MSHDA for a match up to $15,000 for this
study.

FINANCIAL IMPACT: None at this time

STAFF RECOMMENDATION: To approve and authorize the City Manager to
sign the attached Agreement and Designation Form.
                        HOUSING DEVELOPMENT GRANT AGREEMENT
                                    Grant #HDF-283

                  MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY
                     735 East Michigan Avenue, Lansing, Michigan 48912

        THIS GRANT AGREEMENT made and entered into as of June 26, 2014, by and between the
City of Muskegon, a Michigan local unit of government, whose address is 933 Terrace Street, P.O.
Box 536, Muskegon, Michigan 49443 (the "Grantee"), and the Michigan State Housing Development
Authority, a public body corporate and politic of the State of Michigan, whose address is 735 East
Michigan Avenue, Lansing, Michigan 48912 ("the Authority").

                                           R E C I T A L S:

        A.      Section 23 of Public Act 346 of 1966, as amended (the "Act"), creates and establishes
a housing development fund under the jurisdiction and control of the Authority, and further provides
that the Authority may use the monies held in the housing development fund to make grants to local
communities, as defined by the Authority in rules promulgated under the Act, or to public or private
nonprofit organizations or local governmental agencies organized to provide assistance to persons
and families of low or moderate income, in any amounts as the Authority determines, not to exceed
the net costs, exclusive of any federal aid or assistance, incurred by the recipient in planning for or
implementing housing assistance or community or housing development.

       B.     The Grantee has represented to the Authority that it fully intends to undertake or
continue a program planning for or implementing housing assistance or community or housing
development.

        C.     The Housing Development Fund Grant, HDF-283, in an amount not to exceed Fifteen
Thousand and 00/100 Dollars ($15,000) (the "Grant") is for a program more specifically described in
Exhibit A attached hereto (the “Program”).

        D.    The Authority, as a public body, is charged with the responsibility of regulating the use
of funds advanced by it to assure that such funds are being used for purposes and in a manner that
are in accordance with the Act and the Authority's General Rules.

      E.     The Authority has agreed to make the Grant to the Grantee on the condition that the
Grantee agrees to the terms and conditions set forth below.

      NOW, THEREFORE, in consideration of and as a condition to receiving the Grant, the
Grantee agrees that:

       1.     The terms and conditions set forth herein are a reasonable and appropriate means to
assure the use of funds in accordance with the Act and the Authority's General Rules, and the
Resolutions.

        2.      All aspects of the Grantee's plan for the use of the Grant are specifically described in
the Program attached hereto as Exhibit A, which Program is incorporated herein, and the Grantee
will operate the Program as described in Exhibit A.

       3.      All actions of the Grantee and requirements of the Grantee's Program are subject to
the terms of this Agreement, the provisions of the Act and the Rules of the Authority, being R
125.101, et seq.

                                                   1
       4.      The activities of the Grantee will be subject to the review of and, in the discretion of
the Authority, audit by Authority staff to ensure compliance with this Agreement, the Act and the
Authority's Rules, and the Grantee will provide any books, records or documents in such form and at
such place as the Authority may request.

      5.     The Grantee agrees to draw down Grant proceeds only when and in such amounts as
may be necessary to pay for the activities described in Exhibit A.

       6.     All requests for the disbursement of Grant proceeds shall be submitted to the
Executive Director of the Authority or his designee, shall be made in writing, and shall include the
amount of Grant proceeds to be disbursed, a description of the purposes for which the proceeds are
to be used, copies of invoices, billings, or such other documentation as may be necessary to
demonstrate project costs, and such other information as the Executive Director or his designee may
request.

       7.     If an advance or a portion of the Grant for a specific purpose is not used for that
purpose due to conditions that make it impossible to use as provided herein, or if the Grantee
decides not to use the money, upon such decision, the sum shall be returned to the Authority
immediately.

       8.      If any of the Grant proceeds are to be used for the construction or rehabilitation of
housing, then:
               a.      prior to disbursement of funds, the Grantee shall prepare and submit to the
       Authority a detailed budget of the work to be done, including the cost per unit to be
       constructed or rehabilitated;

               b.      all housing units constructed or rehabilitated under the Grant will meet all local
        codes and will be maintained in good repair; and

               c.      all housing units constructed or rehabilitated under the Grant shall be
        affordable to persons whose incomes do not exceed 60 percent of the area median income,
        adjusted for family size for the area in which each unit will be located.

        9.      Any of Grantee's activities that are assisted by the use of Grant proceeds and the
selection of persons for participation in the Program shall not discriminate against any person on the
grounds of race, color, creed, religion, height, weight, sex, age (except for a Development
specifically designed for elderly occupants), national origin, handicap, or marital or familial status
except as provided by law. The Grantee shall comply with all requirements imposed by Title VIII of
the Civil Rights Act of 1968 (as amended by the Fair Housing Amendments Act of 1988), the
Americans with Disabilities Act, the Elliott-Larsen Civil Rights Act, and the Michigan Persons with
Disabilities Civil Rights Act.

      10.    The Grantee assumes responsibility for any and all costs to implement the Grantee's
Program exceeding the amount of the Grant.

         11.    In the event of a violation of any of the provisions of this Agreement, the Authority will
notify the Grantee in writing of the violation and the Grantee will have a 30-day period in which to
correct the violation. In the event the violation is not corrected to the satisfaction of the Authority
within the time prescribed herein, the Authority may:

                a.      immediately terminate the Grant, without further notice, in a writing signed by

                                                   2
       the Authority's Executive Director; and

               b.      pursue any other remedy provided at law or in the Act.

       The Grantee hereby agrees that an election by the Authority to pursue any one remedy shall
not be construed to preclude or be a waiver of the right to pursue any other remedy available to it.

      12.     The term of this Agreement shall commence on June 26, 2014 and shall terminate on
June 25, 2015, unless extended by the Authority in writing,

         13. If any advance or portion of Grant funds used for the specific purpose assented to
within this Agreement is not used for that specific purpose, the Grantee will reimburse the Authority
for the full amount of the advance (or portion) not used for the specific purpose. Grant proceeds that
have not been used for Grant purposes by June 25, 2015 will, within 30 days, be returned to the
Authority.

         14.     The invalidity of any clause, part, or provision of this Agreement shall not affect the
validity of the remaining portion hereof.

        15.    This Agreement may be signed in several counterparts and all so executed shall
constitute one agreement, binding on all parties hereto.


      IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
shown above.

                                                       CITY OF MUSKEGON, A MICHIGAN LOCAL
                                                       UNIT OF GOVERNMENT


                                                       By:
                                                             Frank Peterson
                                                             Its: City Manager




                                                       MICHIGAN STATE HOUSING
                                                       DEVELOPMENT AUTHORITY


                                                       By:
                                                             Clarence L. Stone, Jr.
                                                             Its: Director of Legal Affairs





                                                  3
                                             Exhibit A

                   Housing Development Fund Grant Agreement, HDF-283

The City of Muskegon, collaboratively with Muskegon Heights, Norton Shores, and the County of
Muskegon will utilize Authority funds to initiate a residential Target Market Analysis (“TMA”) to
identify opportunities for specific housing products and price ranges based on an in-depth
assessment of their respective communities and target areas. The analysis will include the type and
number of housing units that could be supported, ideal locations for development, specific amenities
to include in designs, and absorption rate and period estimates.

Several areas of the county have been identified as potential development markets for housing
opportunity investments. The Muskegon region has a strong history of partnerships and
collaborations, and the communities are applying jointly to leverage limited resources.

The City of Muskegon would like the analysis to focus on downtown and adjacent neighborhoods,
including the Nelson Neighborhood and 3rd Street District as it relates to the MI Neighborhood grant.

The City of Muskegon Heights would leverage a residential target market analysis of the entire city in
order to encourage housing opportunities that makes sense toward stabilizing the community, and to
support business growth. The City of Muskegon Heights is interested in determining what additional
housing types would be recommended, along with other uses that should be encouraged. Of
particular interest to the city is determining the desired density for housing in areas of the city.

The County of Muskegon is interested in pursuing a TMA for Muskegon County in general with a
deeper look at the following communities: Roosevelt Park, Montague/Whitehall and Fruitport
Township. The county would like to determine who is likely to live in those communities and the type
of housing that they would purchase or rehabilitate.

The communities are committed to a substantial amount of advertising of the results from these
market analyses. The planning departments in each city and the Board of County Commissioners
will work toward proposals to MSHDA and private investors in order to captivate the recommended
markets described from this study.

All communities have committed funds to this analysis in the following amounts: Muskegon, $4,500,
Muskegon County, $5,500, Muskegon Heights, $2,500, and Norton Shores, $3,500.



                                                               Current Budget
                                                                              OTHER (Non-
                   Activity                           MSHDA
                                                                                MSHDA)

    Target Market Analysis                                    $15,000                    $16,000

                                   TOTAL                      $15,000                    $16,000





                                                 4
Conditions and procedures of the grant:

       The City of Muskegon will consult with MSHDA staff for proper requirements to include in
        the request for proposals, including the scope of work, prior to posting.
       The City of Muskegon shall seek MSHDA staff review and approval prior to selecting a
        vendor for use of MSHDA funds, for which MSHDA will match up to 50% of the contract
        amount, not to exceed the total of this grant.
       Funds will be disbursed upon completion of the TMA.
       No funds will be disbursed for work conducted prior to, or after, the grant term. The
        Grantee is responsible for drafting the contract in a manner that aligns with the grant
        agreement’s term of work.
       If the analysis determines a market for a particular housing type, a development project
        must be completed in each community within 3 years of this grant or it shall be repaid.
        The development project must be aligned with the results of the TMA.
       In such a case where one or more communities do not meet the development project
        requirement within three years, those communities shall be solely responsible for
        repayment of their portion of the matching funds from this grant. The City of Muskegon
        will only be responsible for their prorated matching funds.
       After the grant agreement is executed, but prior to disbursement of grant funds, MSHDA
        will require addendums signed by each community acknowledging the conditions of this
        grant.


The Grantee will provide quarterly progress reports. Reports should include financial status reports
and detailed documentation, including invoices, itemized receipts, employee time dedicated to
professional service delivery, and other such documentation that the Authority deems necessary to
make a reasonable determination for eligible cost reimbursements in accordance with the Authority’s
Act and Rules governing Housing Development Fund grants. Travel, if necessary to the delivery of
programming outlined in the application and grant agreement, shall be reimbursed up to the limits
set annually by the Michigan DTMB. MSHDA staff will review the progress reports and will advise the
Grantee in a timely manner if any problems arise that may affect the terms of this agreement.





                                                5
                     Michigan State Housing Development Authority
                        735 E. Michigan Avenue, P.O. Box 30044
                                   Lansing, MI 48909

                     AUTHORIZED SIGNATURE DESIGNATION FORM



Name of local unit of government



Address



Grant Number


The following individuals are approved to sign the required Grant Agreement and relative
requests or reports for the above-mentioned grant.


(1)    __________________________       ______________________________
       Name                             Signature

       __________________________
       Title


(2)    __________________________       ______________________________
       Name                             Signature


       __________________________
       Title


       Approved by: ____________________________            __________________________
                    Name                                    Signature


                     ____________________________
                     Title
                   CITY COMMISSION MEETING DATE
                                    July 22, 2014
Date:         July 16, 2014

To:           Honorable Mayor and City Commissioners

From:         Cathy Brubaker-Clarke, Director of Community &
              Economic Development

Re:           Michigan Irish Music Festival (MIMF) – request to serve
              spirits at the festival


SUMMARY OF REQUEST: The Michigan Irish Music Festival has filed a special event
application for their annual festival to be held at Heritage Landing September 11-14,
2014. They are requesting City Commission approval to serve spirits (Jameson Irish
Whiskey) at the festival, as follows:

        1. In measured 1.5 oz servings over ice or mixed with ginger ale.
        2. At a tasting event on Saturday & Sunday, along with craft beer & cider
        tastings they have hosted in the past.


They have served liquor in the past (Baileys Irish Crème).


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION:


COMMITTEE RECOMMENDATION:                 N/A
ADDENDUM TO MIMF CITY COMMISSION AGENDA ITEM
RE: SALE OF SPIRITS (JAMESON IRISH WHISKEY) AT EVENT

Conditions of liquor service, per applicants:

Patrons will be wrist-banded and private security will be on-site to ensure alcohol is
consumed by patrons over 21 only.

There are two areas in which they would like to have the whiskey available:

       1.    Served out of one alcohol service area (bar), which is the raised deck area
       (formerly the Summer Celebration “sky deck”). Only patrons over 21 will be
       allowed in this area. However, patrons could exit this service area with the
       whiskey and travel to other areas of the festival, since the entire Heritage
       Landing will be a liquor-controlled area.

       Whiskey will be served in 1.5 ounce portions using a measured pourer, with a
       price of $5.00 (price is tentative).

       It will be served “on the rocks” or mixed with ginger-ale.

       2.    They would also like to include Jameson whiskey in their tastings on
       Saturday and Sunday. The tastings have been held in the past, but with beer
       and hard cider only.

       Tasting patrons would pay to attend a discussion of the history of, and
       differences in Irish whiskey, hosted by a Jameson’s representative. Four to five
       samples of different whiskeys would be served in ½ to 1-ounce servings,
       depending on the number of products the representative has available.
       Admission to the tasting event would be in addition to the festival admission.
                  Commission Meeting Date: July 22, 2014

Date:        July 17, 2014
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Vacation of the alley between Vulcan St and Brunswick St,
             from Nims St to Keating Ave



SUMMARY OF REQUEST:

Newkirk Electric at 1875 Roberts St is requesting to vacate the alley between
Vulcan Street and Brunswick Street, from Nims Street to Keating Avenue. They
would then replat the alley so they can utilize it for business operations.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the street, with the condition that all utility easement
rights be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended vacation of the alley at their July meeting.




7/17/2014                                                                          1
                                   CITY OF MUSKEGON

                                    RESOLUTION #2014-
                        RESOLUTION TO VACATE A PUBLIC ALLEY

WHEREAS, a petition has been received to vacate the alley between Vulcan Street and Brunswick
Street, from Nims Street to Keating Avenue; and

WHEREAS, the Planning Commission held a public hearing on July 10, 2014 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the July 22, 2014 City
Commission meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alley between Vulcan Street and Brunswick Street,
from Nims Street to Keating Avenue; and

BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as to conflict with any fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over
and upon said portion of street hereby vacated, and it is hereby expressly declared that any such
rights shall remain in full force and effect;

BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the vacated street which, in the sole judgment of the City, will interfere
with the repair or maintenance of utilities in the easement, public or private.

Adopted this 22nd day of July, 2014.

        Ayes:

        Nays:

        Absent:

                                                 By:
                                                       Stephen J. Gawron, Mayor


                                                 Attest:
                                                           Ann Cummings, MMC, City Clerk
CERTIFICATE (Vacation of the alley between Vulcan Street and Brunswick Street, from Nims Street
                                    to Keating Avenue)


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on July 22, 2014.


                                                        ______________________________
                                                        Ann Cummings, MMC
                                                        Clerk, City of Muskegon
                                   CITY OF MUSKEGON
                                 PLANNING COMMISSION
                                STAFF REPORT (EXCERPT)


Hearing, Case 2014-08: Request for an alley vacation for the alley between Vulcan St and
Brunswick St from Nims St to Keating Ave, by Newkirk Electric.


STAFF OBSERVATIONS
   1. Nims St and Vulcan St were recently vacated so that Newkirk Electric could utilize their
      property at 1975 Vulcan St and fence in all of their properties.
   2. Newkirk Electric would now also like to vacate the alley between Vulcan St and
      Brunswick St from Nims St to Keating Ave. so that they may have more space to utilize.
      This would also help with maintenance of the area, since it would be difficult for anyone
      to maintain the alley space once a fence is put up between the company and the
      residential homes.
   3. Notice was sent to property owners and tenants within 300 feet of the alley. At the time
      of this writing, staff has not received any comments from the public.


       Alley looking north from Keating Ave               Alley looking south from Nims St
                     Commission Meeting Date: July 22, 2014




Date:         July 17, 2014
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Public Hearing - Request for an Industrial Facilities Exemption
              Certificate – The Bold Companies


SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, The Bold Companies, 2291 Olthoff Dr,
has requested the issuance of an Industrial Facilities Tax Exemption Certificate. The total
capital investment will be $403,031 in personal property and will create 20 jobs. This
qualifies them for a tax abatement of nine years under the current City policy.

FINANCIAL IMPACT:

The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of six (6) years for personal property.



COMMITTEE RECOMMENDATION:

None




7/17/2014
                                             Resolution No. _______

                                       MUSKEGON CITY COMMISSION

                          RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                           OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                         The Bold Companies


WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
     1983, this Commission by resolution established an Industrial Development District as requested
     by the City of Muskegon for Port City Industrial Park, including the property leased by The Bold
     Companies, 2291 Olthoff Dr, Muskegon, Michigan 49444; and

WHEREAS, The Bold Companies has filed an application for the issuance of an Industrial Facilities Tax
     Exemption Certificate with respect to new machinery and equipment has been installed within said
     Industrial Development District ; and

WHEREAS, said application was filed no later than six months after project commencement and the Muskegon
     City Commission held a public hearing on July 22, 2014, at the Muskegon City Hall in Muskegon,
     Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected
     taxing units were given written notice and were afforded an opportunity to be heard on said application;
     and

WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
     to retain, create, or prevent the loss of employment in Muskegon, Michigan; and

WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
     not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
     property thus exempted.

NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
      Michigan that:

          1) The Muskegon City Commission finds and determines that the Certificate considered together with
             the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
             the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
             not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
             financial soundness of a taxing unit which levies ad valorem property taxes in the City of
             Muskegon.

          2) The application of The Bold Companies, for the issuance of an Industrial Facilities Tax Exemption
             Certificate with respect to the installation of new machinery and equipment on the following
             described parcel of real property situated within the City of Muskegon to wit:

                  CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER #4 LOT 52 & E 25 FT LOT 53

          3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
             effect for a period of _______ years on personal property.



Adopted this 22nd Day of July 2014.




7/17/14
Ayes:

Nays:

Absent:

                                                   BY: __________________________________
                                                          Stephen J. Gawron
                                                          Mayor

                                              ATTEST: __________________________________
                                                         Ann Cummings
                                                         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 July 22, 2014.

                                                            ______________________________
                                                            Ann Cummings
                                                            Clerk




7/17/14
                                 CITY OF MUSKEGON

                         CONTRACT FOR TAX ABATEMENT
                             Act 198 Public Acts of 1974


       AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933
Terrace Street, Muskegon, Michigan 49441, (“City”) and THE BOLD COMPANIES
(“Company”).
                                     Recitals:

A.      The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company’s subsequent
anticipated application for an industrial facilities exemption certificate.

B.       That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City’s determination whether or not to create the
district.

C.      The Company intends to install the project set forth in its application (“project”)
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.

D.      The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation or increase of economic activity, planning and zoning considerations and the
City’s general plan and intentions regarding economic development. In addition to the
City policy considerations and predictions that the Company’s proposed district and
certificate benefit the community in those ways, the City has further determined that the
contractual commitments made by the Company to thereby assist the community shall be
binding on the Company and necessary to continue the tax exemption made possible by
the certificate.

       NOW THEREFORE THE PARTIES AGREE:

1.     COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:




                                                                                       Page 1
1.1 That 100% of the jobs shall be filled and in existence with full-time
employees by a date no later than two (2) years from the date of the granting of
the certificate by the State Tax Commission.

1.2 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City Commission
on or before the date two (2) years after the granting of the certificate by the State
Tax Commission. It shall maintain the said levels of employment diversity during
the period of the certificate.

1.3 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment of
$403,031 in personal property improvements as shown in the application.

1.4 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of granting of
the certificate by the State Tax Commission.

1.5 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.

1.6 The Company shall not appeal the valuation of any real or personal property
at the facility to the Michigan Tax Tribunal or the State Tax Commission.

1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs, investment,
the meeting of all goals and the timely installation and utilization of equipment
and improvements. The City shall be entitled to inspect at reasonable hours the
Company’s premises where the said improvements and equipment have been
installed and where the said jobs are performed.

1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production and
utilization of the improvements and equipment at the site where the district has
been created and for which the tax exemption has been granted.

1.9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the City.
It shall report any releases to the appropriate governmental authority in a timely
and complete manner, and provide copies of said report documentation to the
City. It shall comply with all orders and actions of any governmental agency
having authority.

1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.



                                                                               Page 2
       1.11 The Company shall continue to operate its business location in the City,
       containing the same number of and type of jobs, for the term of the certificate.

2.      AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to create the district and receive, process, and approve
thereafter the Company’s application for an industrial facilities exemption certificate.
The City may consider this contract in a meeting separate from and prior to the meeting
in which the City considers the creation of the district and approval of the application for
certificate. Further, the City shall require the submission of this contract signed by the
Company together with its applications, before creating the district.

3.     EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:

       3.1 Failure to meet any of the commitments set forth above.

       3.2 The closing of the Company’s facilities in the City. Closing shall mean for
       purpose of this Agreement, the removal, without transfer to another site within the
       City of substantially all of the production facilities, and the elimination of
       substantially all the jobs created or retained thereby, which are set forth in the
       Company’s application.

       3.3 Failure to afford to the City the documentation and reporting required.

       3.4 The failure to create or retain jobs, meet affirmative action goals or expend
       the funds on equipment and improvements as represented in the application
       within the times required hereby.

       3.5 The bankruptcy or insolvency of the Company.

       3.6 The failure to pay any and all taxes and assessments levied on the
       Company’s property or any other taxes, local, state or federal, including but not
       limited to City income taxes and the withholding of said City income taxes from
       employees as required by the City Income Tax Ordinance.

       3.7 The performance or omission of any act which would lead to revocation
       under MCLA 207.565, being §15 of the Act.

       3.8 The violation of any provisions, promises, commitments, considerations or
       covenants of this Agreement.

4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company’s rights to due process:



                                                                                      Page 3
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:

       4.1.1 The Company shall pay to the City for prorata distribution to the
       taxing units experiencing the abatement, an amount equal to the difference
       between the industrial facilities tax which it has paid, and the total
       property taxes to the relevant taxing units which it would have paid, given
       its installations of improvements and equipment, during the years for
       which the certificate was in effect.

       4.1.2 Immediate Revocation. The Company hereby consents to
       revocation to the IFT certificate before the State Tax Commission, without
       hearing, and the City shall submit a copy of this Agreement to the State
       Tax Commission in connection with its revocation procedure, giving
       notice that the default has occurred and immediate revocation should
       occur.

4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.

4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll.

4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.

4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.

4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.




                                                                              Page 4
     4.7 Special Assessment. For any amount due to be paid to the City, under this
     Section 4, the Company consents that the City shall have a personal action against
     the Company for the said amount, and in addition, cumulatively, and not by
     election, the City shall have a special assessment lien on all the property of the
     Company personal and real, located in the City, for the collection of the amounts
     due as and in the manner of property taxes and in such case the collection of the
     said special assessment shall be accomplished by addition by the City to the
     Company’s property tax statement regularly rendered.

5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.

6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.

7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.

8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
                                               CITY OF MUSKEGON

                                                    By _________________________
                                                        Stephen J. Gawron, Mayor

                                                  Date _________________________


                                                  and___________________________
                                                        Ann Cummings, Clerk

                                                  Date _________________________


                                                  By___________________________

                                                         Its______________________

                                                  Date _________________________




                                                                                Page 5
           Commission Meeting Date:           July 22, 2014

Date:      July 15, 2014

To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Approval of Sale of City-owned Property at 2279 Austin


SUMMARY OF REQUEST: To approve the attached resolution and direct the
Mayor and Clerk to sign Quit Claim Deed to Mark and Christine Rice, of 2283
Austin, for the property at 2279 Austin, including the garage. Mr. and Mrs.
Rice will purchase it for $700.00
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct CNS staff
to file the Quit Claim Deed.
COMMITTEE RECOMMENDATION: None.
                   MUSKEGON CITY COMMISSION



          RESOLUTION TO APPROVE THE PURCHASE OF
        CURRENTLY CITY-OWNED PROPERTY AT 2279 AUSTIN

WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of the property at 2279 Austin Street to Mark and
Christine Rice.

Adopted this 22nd day of July, 2014.

Ayes:

Nays:


                          By ______________________________
                             Stephen J. Gawron, Mayor


                          By ______________________________
                             Ann Marie Cummings, MMC City Clerk
           Commission Meeting Date:            July 22, 2014

Date:      July 15, 2014
To:        Honorable Mayor & City Commission
From:      Community and Neighborhood Services Department
RE:        Approval of Sale of City-owned home at 2035 Harding


SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Ms. Sharon L. Williams for the rehabilitated home at 2035
Harding, which is part of the City’s HOME Infill Program through the U. S.
Department of Housing and Urban Development. Ms. Williams purchase price
is $85,000.
FINANCIAL IMPACT: The proceeds from the sale will be used to continue the
rehabilitation of vacant houses through the HOME program to sustain our
current investments to stabilize and revitalize neighborhoods.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
                   MUSKEGON CITY COMMISSION



           RESOLUTION TO APPROVE THE PURCHASE OF
        CURRENTLY CITY-OWNED PROPERTY AT 2035 HARDING

WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;



WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;



WHEREAS, the City of Muskegon is dedicated              to   promoting
homeownership throughout its neighborhoods;



NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 2035 Harding to Sharon L. Williams. Ms. Williams
will purchase the house as an owner-occupied structure.

Adopted this 22nd day of July, 2014.

Ayes:

Nays:


                          By ______________________________
                             Stephen J. Gawron, Mayor


                          By ______________________________
                             Ann Marie Cummings, MMC City Clerk
COMMISSION DATE: July 22, 2014

DATE:        07/07/2014

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 #: EN140063


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 1747 7TH ST is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days
by the owner or agent or infraction tickets may be issued for noncompliance and/or that
administration may 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.

Case# & Project Address: # EN140063 - 1747 7TH ST

Location and ownership: This structure is located on 7th St. between E. Laketon Ave.
and W. Larch Ave. and is owned by VAN SLOOTEN TREE FARMS INC.

Staff Correspondence: A dangerous building inspection was conducted on 2/4/2014 &
by SAFEbuilt on 4/1/2014. The Notice and Order to Repair was issued on 2/18/2014.
On 6/5/2014 the HBA declared the structure substandard and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 47,500

Estimated cost to repair: $ 275,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History):

Owner Contact:
Van Slooten Tree Farms
N&O = Signed by Mary Van Slooten
HBA Meeing = Signed by Mary Van Slooten #1
HBA Tabled = Mary Van Slooten signed the card#1
HBA Meeting = Mary Van Slooten signed #2
HBA Determination = signed by Karen Van Slooten (sent to Mark Van Slooten)
County Treasurer
HBA Meeting = Card signed by Colleen M #1
HBA Tabled = Tony M. signed the card#1
HBA Meeting = Signed by J. Matthews.
HBA Determination = Signed by Angie Kroll

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.
                                     CITY OF MUSKEGON
                                CODE COMPLIANCE DEPARTMENT
                                    933 TERRACE ST STE 202
                                     MUSKEGON, MI 49440
                                      (231) 724-6702 (Office)
                                       (231) 724-6790 (Fax)

                                DANGEROUS BUILDING REPORT

                                             1747 7TH ST
                                               2/4/2014

   Inspection noted:

1) Roof is completely caved in for a large portion of the building.




   BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
   DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR
   SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY
   CODE.
Additional inspection performed by SAFEbuilt:

1747 7TH STREET

   1. This building has partly collapsed and is in very bad disrepair. The roof is bad and the
       building is badly water damaged with rotten wood. I talked to the owner Mr. Van
       Slooten he bought the building cheap a few years ago and is using it for storage. He
       intends to repair it sometime. He is 87 years old. He would not let me go into other parts
       of the building stating it was too dangerous.
   2. This will need new framing
   3. Wood trusses and rafters
   4. New floor joists
   5. New floor sheeting
   6. New roof sheeting and roofing
   7. New brick work
   8. New windows
   9. And will need new insulation and drywall.
   10. The fire sprinkler is not working and has been removed from most of the building
   11. This will need all new wiring and plumbing and heating.
   12. The north part of the building collapsed a few years ago and there is litter in the lot yet.
COMMISSION DATE: JULY 22, 2014

DATE:        07/07/2014

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 #: EN140153


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
766 W SOUTHERN 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.

Case# & Project Address: # EN140153 - 766 W SOUTHERN AVE

Location and ownership: This structure is located on W. Southern Ave. between
Beidler St. and Henry St. and is owned by ALEXANDER RUSSELL R.

Staff Correspondence: A dangerous building inspection was conducted on
3/24/2014. The Notice and Order to Repair was issued on 3/26/2014. On
6/5/2014 the HBA declared the structure substandard and dangerous.


Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $ 2,500

Estimated cost to repair: Due to the demolition being over half demolished; the
cost to repair would be new construction.

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):

Owner Contact:
Russell Alexander:
N&O - card signed by Russell Alexander
HBA Meeting - card signed by Russell Alexander
HBA Determination letter - the card nor the letter have been returned.

County Treasurer:
N&O - card signed by Angie Kroll
HBA Meeting - card signed by J. Matthews
HBA Determination - card signed by Angie Kroll

Permits obtained: Nothing new.




        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.
                           CITY OF MUSKEGON
                      CODE COMPLIANCE DEPARTMENT
                          933 TERRACE ST STE 202
                           MUSKEGON, MI 49440
                            (231) 724-6702 (Office)
                             (231) 724-6790 (Fax)

                       DANGEROUS BUILDING REPORT


                             766 W SOUTHERN AVE

Inspection noted:

Home is ½ demolished. The permit has expired.




BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS
BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.

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