City Commission Packet 11-10-2015

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                   NOVEMBER 10, 2015
   CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                AGENDA

□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
     A. Resolution – Recognition of JAAR Partnerships Fourth Year Participation
        in the “Good Buddy Bucks” Program Director of Public Safety
     B. Nelson Adopt-A-Lot Program
     C. Resolution – Recognition of Fall 2015 Citizen’s Academy Graduates
        Director of Public Safety
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
     A. Approval of Minutes City Clerk
     B. Demolition of 1785 Beidler – City “Grant” to Share in Costs
        Planning & Economic Development Department
     C. Heritage Square Development LLC – Amendment to Construction Loan
        Note Finance Director
     D. Bid Tabulation for Installation of Locker Room at L.C. Walker Arena
        City Manager and Finance Director
     E. Fireworks Delegation of Authority Agreement Director of Public Safety
     F. Sale of Buildable Vacant Lot at 163 Iona Planning & Economic
        Development Department
     G. Amendment to the No Smoking Policy       City Clerk
     H. Purchase Agreement-Hippchen Property        Planning & Economic
        Development Department
        I. Roof Maintenance/Repair Central Station (Terrace St.)
           Director of Public Safety
□   PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
        A. Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish – 236 Washington (garage only) Director of Public Safety -
           Item tabled at Commission Meeting on October 13, 2015, to be
           revisited on November 10, 2015
□       NEW BUSINESS:
        A. Transmittal of June 30, 2015 Comprehensive Annual Financial Report
           Finance Director
        B. Operations Management Contract and Liquor License Management
           Agreement – L.C. Walker Arena City Manager and Finance Director
        C. Concurrence with the Housing Board of Appeals Notice and Order to
           Demolish – 329 Washington Director of Public Safety
□ 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.
To:      Mayor and Commissioners

From:  Frank Peterson

Re:      City Commission Meeting

Date:  November 5, 2015 



There  are  a  number  of important  items  on  the agenda  this week.   Accordingly,  I  thought  you 
could use a little background as you prepare.

    1.     We have honors/awards.  The first is in recognition of JAAR, Inc.’s partnership with 
           the MUPD to create the “Good Buddy Bucks” program.  The second is in recognition 
           of the individuals and groups that adopted lots in the Nelson Neighborhood this past 
           summer.  The third is recognition of the fall 2015 Citizen’s Academy graduates. 
            
    2.     Under  the  consent  agenda,  we  are  asking  the  Commission  to  for  approval  of  the 
           following: 
            
       a.       Last meeting’s minutes. 
              
       b.  This is a cost‐share voluntary demolition at 1785 Beidler.  This property is located at 
             a prominent intersection of our community (Laketon and Beidler).  It is owned by the 
             same  individual  that  owns/operates  Wayne’s  Deli.   The  owner  has  resources  to 
             participate 50/50 in the demolition.  We consider this to be a proactive way to fight 
             blight and avoid the dangerous building process, while getting significant property 
             owner buy‐in.  If successful, this model could be implemented in other areas of the 
             city.  
 
         c. An amendment to the Heritage Square Townhouse Development Agreement to waive 
            the accrued interest on the city’s loan to the developer in exchange for payment of 
            the note in full and the commencement  of another unit with private funding.  The 
            goal of this loan was to jumpstart the development and demonstrate to private sector 
            lenders that the project is a viable investment.  While we are not overly happy with 
            the expediency of the work, we are very happy with the quality of the units.  Once 
            repaid, the $500,000 will be deposited back into the Sappi Economic Development 
            Fund, with the expectation that a similar investment could be made at another time. 
              
         d. Locker Room Construction at the LC Walker Arena.  We originally budgeted $30,000 
            to  undertake  this  task.   We  received  4  bids,  with  the  lowest  being  $37,540.   The 
            original plan called for the remodeling of Locker Room A (an existing locker room). 
            This plan would cause an immediate problem with locker room space and would have 
            lead to additional investment in another locker room to accommodate the various 
            teams that use the facility.  Instead, we converted a conference room into a locker 
              room  and  created  a  shared  shower/restroom  with  the  Lumber  Jacks.   The  project 
              called for a very fast timeline (RP Hockey’s lease called for the arena to have a locker 
              room available by October).  Accordingly, staff has already administratively approved 
              the low bidder, and the construction commenced immediately.  RP is very happy with 
              the quality of the locker room.  The team’s $12,000 contribution to the construction 
              is built into their rent over the next five years. 
                              
    e.         Fireworks  Delegations  of  Authority  Agreement.  The  agreement  will  allow  the  fire 
              department to conduct inspections of fireworks sales facilities.  Trained staff is already 
              in place and we view this as an opportunity to create additional revenue via the fire 
              department.   The inspections would be conducted by a state‐approved agency if the 
              MUFD did not enter into this agreement. 
                                
    f.         Sale of a buildable lot to an adjacent property owner.  The vacant lot is located at 163 
              Iona.  The lot is 66 x 132 ft. and is being offered to Craig Person for $800 plus the fee 
              to register the deed.  Craig Person will be combining this property with his existing 
              property, which would be considered unbuildable should his home be destroyed over 
              75%.  His property is an odd shape and only has 5,874 sq. ft.  The True Cash Value 
              (TCV) for the property listed in the Assessor’s office is $2,500, and our price is set at 
              $1,875 which is 75% of that amount.  The City has owned the property for a very long 
              time and there have been no inquiries for potential construction.  By combining this 
              lot with Mr. Person’s property it will give him a buildable lot should anything happen 
              to his home. This is in the McLaughlin Neighborhood. The City has spent an average 
              of $233.83 per year in maintenance of the vacant lot since 2002. 
                                
    g.        Amend  the  non‐smoking  policy  at  city  facilities  to  update  consequences  for     
              employee violations as well as definitions of tobacco products. 
                
    h.        Purchase of 78 feet of frontage on Houston Ave from Dolly and Tom Hippchen (235 
              Houston)  to  create  two  additional  buildable  lots  in  the  Midtown  Square 
              Development.   Without  this  purchase,  the  Houston  side  of  the  project  would  only 
              accommodate two home sites.  Once this sale is closed, we will be prepared to enter 
              into an agreement with the builder to construct the nine homes.  The purchase price 
              of $12,000 is similar to the per lot price paid to MCI for their nine lots.  We would also 
              be agreeing to relocate the Hippchen’s fence and some landscaping. 
                
         i.    Roof repair at Central Fire Station.  The $19,200 repair is necessary to fix a sizable 
               leak in the area that houses Central Dispatch.  Note that this price is to replace the 
               hip roof, and not the flat roof over the truck bays. 
 
 
 
 
 
    3.        Unfinished Business 
              
             a. We are asking the Commission to concur with the HBA on the garage demolition 
                at 236 Washington.  This was tabled from a previous Commission meeting.  The 
                owner has yet to comply, although her son has pulled a building permit.   

    4.        Under New Business: 
          
             a. The CAFR was sent earlier by email and hard copy.  It is being submitted formally 
                to the City Commission. 
                 
             b. We are seeking formal approval of the LC Walker Management Agreement with 
                Tim Taylor.  Staff was approved to hire Tim at a rate of $75,000. The agreement 
                spells out our relationship and our expectations.  The agreement also provides 
                incentives to get the building into a positive cash flow position.  The arena has 
                required hundreds of thousands of dollars of subsidy annually for many years ‐ 
                making it cash flow positive without the subsidy would be a monumental feat. 
                This is less than what a full‐time employee with a full benefit package would cost 
                the city annually. 
                 
             c. Concurrence  with  the  HBA’s  decision  to  demolish  the  structure  at  329 
                Washington. 

    If there are questions on any agenda items, please try to let staff know in advance and we will 
    be sure to have the appropriate data/research available at the meeting. 

 
Date:    November 4, 2015
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Meisch, City Clerk
RE:      Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the October 27,
2015 City Commission Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                      OCTOBER 27, 2015
    CITY COMMISSION CHAMBERS @ 5:30 P.M.
                                   MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, October 27, 2015.
Pastor Marcy Miller, from Samuel Lutheran 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 Gawron, Vice Mayor Lawrence Spataro, Commissioners
Turnquist, Johnson, Hood, Rinsema-Sybenga, and German. City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Eric Hood
2015-77 AMEND THE AGENDA:
   Motion to Amend the Agenda:
Motion by Vice Mayor Spataro, second by Commissioner Turnquist, to amend
the agenda to move the Public Hearing for confirmation of the special
assessment roll for street lighting to the top of the agenda due to public interest.
ROLL VOTE: Ayes: Johnson, Gawron, Spataro, German, Rinsema-Sybenga, and
           Turnquist
             Nays: None
MOTION PASSES
INTRODUCTIONS/PRESENTATION:
      A. Tribute to Richard Hunt – Mayor Gawron presented a Tribute of Richard
         Hunt, to Judy Hayner, Title honoring Mr. Hunt for his art.
2015-78 PUBLIC HEARING:
      B. Public Hearing – Confirmation of Special Assessment Roll – Street
         Lighting City Treasurer
SUMMARY OF REQUEST: Confirm the Special Assessment Roll for Street Lighting.
FINANCIAL IMPACT:     $506,870.00 per year – this figure is based on the initial tax
roll with 14,482 parcels.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Confirm the Roll for Special Assessment, establish the
amount to levy on all eligible properties for 5 years, and approve the resolution.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
amend the amount of the assessment from $35 per year to $26 per year.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
           Johnson
             Nays: None
MOTION PASSES
Motion by Commissioner German, second by Vice Mayor Spataro, to open the
public hearing for confirmation of the special assessment roll for street lighting.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
             Nays: None
MOTION PASSES
Public Participation: the following members of the public spoke regarding the
confirmation of the special assessment roll for street lighting.
      Garland Kilgore, III – spoke in favor, wife, however, is in opposition,
      1043 Francis
      Toni Gurn, Lakeshore Drive Apartments – not opposed but individual
      owners should not be taxed for multi-unit
      The following spoke in opposition:
      Pat Caradine, 1397 E Isabella        Thomas Spaniola, 3345 Thompson Ave
      Eunice Beck, 1471 5th Street         Colby Beckstrom, 1860 Walnut
      Michael & Mary Thompson, 1309 Ada
      Jesus R. Pena, 1857 Walnut           Roy McDonald, 1322 Wesley
      Jerome Franklin, 373 E. Holbrook     Amecia Kilgore, 933 Kampenga
      Howard Collins, 450 W. Grand         August Panuzi, 2137 Hudson
      Paul Simons, 1485 Randolph           Robert Calkins, 1322 Leonard
      Tiffany Harper, 993 Michigan         Female, 1780 Duchess Ct – owns several
                                           properties
      Jim Hoosier, 1240 W. Forest          Robert Skants, 990 W. Hackley
      David Scouten, 1468 W. Harbour Towne Circle
      David Runk, resides in Norton Shores has slip at Harbour Towne Marina
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
close the Public Hearing.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, and Gawron
            Nays: Johnson
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
table the issue so that it may be considered by the full Commission.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
            Nays: Turnquist, Johnson, and German
MOTION FAILS
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
confirm the special assessment roll for street lighting.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
            Nays: German, Turnquist, and Johnson
MOTION FAILS
2015-79 CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the October 12, 2015
Worksession Meeting and the October 13, 2015 City Commission Meeting.
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
      B. Request to Adopt the Muskegon Parking Strategy as Part of the Master
         Land Use Plan Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to adopt the recently completed
Parking Strategy as part of the Master Land Use Plan. The strategy was
developed in partnership with private consultants as a guide for future parking
policies as downtown continues to be developed.
FINANCIAL IMPACT:    None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the Parking Strategy as part of the Master
Land Use Plan.
      D. West Michigan Metropolitan Transportation Planning Program
         (WestPlan) Dues FY2015 (October 1, 2015 – September 30, 2016) City
         Manager
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues, payable to West Michigan Shoreline Regional Development
Commission. The agency determines projects and distributes federal
transportation funds.
FINANCIAL IMPACT:     $16,040.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
      E. Sale of Boat Slip (A-08) at Harbour Towne    Department of Public Works
SUMMARY OF REQUEST:
      1. Vacate previous authorization from August 25, 2015 for staff to
         negotiate and execute an agreement with Mr. and Mrs. Hall for the
         purchase of slip # A-08 at Harbour Towne Marina.
      2. Authorize the Mayor and Clerk to sign the purchase agreement for the
         sale of the same slip to the Meyers as per the attached purchase
         agreement for $28,000 plus all associated costs of the sale.
The Halls have withdrawn their offer and elected to buy a different slip at
Harbour Towne.
FINANCIAL IMPACT: The sale price of $28,000 plus associated costs which will
be used to settle the city’s obligations regarding this slip.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Vacate the action taken on the 25th of August 2015
regarding this matter and authorize the Mayor and Clerk to execute the
purchase agreement with the Meyers.
      F. Marsh Field Management Agreement          Department of Public Works
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to execute the
“Marsh Field Baseball Facility Management Agreement” with the Muskegon
Clippers Baseball Club (MCBC). Furthermore, if approved, authorize staff to issue
the previously approved contribution to this new group rather than to Lakeshore
Baseball Club.
FINANCIAL IMPACT: The Muskegon Clippers Baseball Club (MCBC) will
continue to expand the operations of this facility and will invest in improvements
to the facility.
BUDGET ACTION REQUIRED: None. The contract continues to offer savings in
maintenance costs for the City and creates opportunities for capital
improvements by MCBC that the City is unable to accomplish at this time.
STAFF RECOMMENDATION: Approve the request.
Motion by Vice Mayor Spataro, second by Commissioner German, to approve
the consent agenda as read, with the exception of item C.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Spataro, German, and Rinsema-
            Sybenga
            Nays: None
MOTION PASSES
2015-80 ITEMS REMOVED FROM CONSENT AGENDA:
      C. Asbestos Survey Bids – MSHDA Land Bank Grant        Planning & Economic
         Development
SUMMARY OF REQUEST: A requirement of the MSHDA Land Bank Grant for
demolitions is that we have asbestos surveys done for all properties included. To
save time, we put out a request for bids for a firm to do the asbestos surveys for
all the properties (33 properties originally included in the grant…some of those
will be changing due to property owners moving forward with demolitions
themselves, allowing us to add new properties in for demolition). The bids were
received October 20, 2015. Once the surveys are complete, bids will be
obtained for the asbestos abatement and demolition of the properties.
FINANCIAL IMPACT:     None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Environmental Testing and Consulting,
Inc. as the firm to complete the asbestos surveys for all the properties included in
the MSHDA Land Bank demolition grant and authorize staff to sign any
necessary documents.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to approve
Environmental Testing and Consulting, Inc. as the firm to complete the asbestos
surveys for all the properties included in the MSHDA Land Bank demolition grant
and authorize staff to sign any necessary documents.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2015-81 PUBLIC HEARINGS:
      A. Public Hearing – Request for the Establishment of an Industrial
         Development District at 1690 Creston Street Planning & Economic
         Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Production Fabricators, Inc. has requested to establish an Industrial
Development District at 1690 Creston Street. The company is in the process of
purchasing the property from the City and will eventually be expanding their
business on site. 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.
Public hearing was opened to receive comments from the public.
No comments were received.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to close the
public hearing and approve the establishment of the Industrial Development
District.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
           Johnson
            Nays: None
MOTION PASSES
2015-82   CLOSED SESSION:
      B. To Discuss Pending Litigation
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
go into closed session to discuss pending litigation.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
           Gawron
            Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
come out of closed session and to settle the suit as discussed, consistent with the
city attorney’s recommendation.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
           Spataro
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:34 p.m.




                               Respectfully Submitted,




                               Ann Marie Meisch, MMC
                               City Clerk
         Commission Meeting Date: November 10, 2015




Date:         October 19, 2015
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Demolition of 1785 Beidler- City “Grant” to Share
              in Costs


SUMMARY OF REQUEST: Pat Bogner, owner of 1785 Beidler, is requesting “grant”
assistance from the City in demolishing the commercial property next to her
business, Wayne’s Deli (746 W Laketon Ave). This property is not in the specific
areas covered by the MSHDA Land Bank Demolition Grant. However, it is in a critical
commercial corridor along Laketon Avenue where removal of the blighted building
would make a positive impact. Therefore, staff is recommending a cost share for the
demolition of the building. After demolition, the property will be landscaped to create
a green space (see attached letter).



FINANCIAL IMPACT: The quote Ms. Bogner intends to accept, if a grant is received
from the City, is from Press in the amount of $8,720.00. It is recommended that the
City pay $4,360.00, or half the amount of the quoted price, which will be paid from the
City’s current budget for building demolitions.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To accept the cost share with Ms. Bogner for the
quote from Press in the amount of $8,720.00, with the City to pay up to $4,360.00 (or
half the amount); with payment made after the demolition and landscaping of the
property has been completed.
September 9, 2015

Cathy Brubaker-Clarke
Shorelinecity.com

Re: Application for grant assistance

Dear Cathy,

Pursuant to our conversation regarding cost assistance for the demolition of my building located at
Beidler Street and Laketon Ave. (1785 Beidler), I am submitting the proposals received to date for this
demolition and clean-up process.

My intent is to have this building totally removed with the lot being landscaped to create a “green”
space.

Below are the quotes received for the demolition and creation of green space:

    1.    Press’s LLC – Demolition, permit to demolish building, haul debris, including concrete, to
         salvage yards, grass seed lot.      $8,720.00
    2.   Asphalt Paving, Inc. – Mill along concrete as necessary and place bituminous tack coat & bond
         and pave w/one 2” hot mix asphalt.        $14,400.00
    3.   R & R Landscape – Top soil vacant lot with high end seed, ornamental easy maintenance trees
         and some large rock.         $8,700.00
    4.   Mast Mini-Barn – Erect one 10x14 “cottage” style storage shed. $3,416.28. Currently, all of my
         non-perishable inventory (bags, plates, baskets, etc.) for use in running Wayne’s Deli are stored
         in the back Northwest corner of the Beilder Street building.
    5.   City of Muskegon – installation of water pit for underground sprinkling, using the existing service
         once building is demolished and green space created. $1,800.00-$2,200.00. This quote does
         not include the cost of the meter and radio which is $350.00.

Thank you for your assistance in my request for a grant for help towards this undertaking. This building
is beyond being saved for future use and removing it from this lot will be a “win” for both the City of
Muskegon and me.

Should you need any further information or copies of the proposals, please do not hesitate to contact
me. I can be reached at 231-740-1101.

Sincerely,

Patricia Bogner
President/Owner
The Bogs Corp
                 Commission Meeting Date: November 10, 2015




Date:        November 3, 2015
To:          Honorable Mayor and City Commissioners
From:        Finance Director
RE:          Heritage Square Development LLC – Amendment to
             Construction Loan Note



SUMMARY OF REQUEST: At the June 24, 2014 meeting, the Commission
approved a Construction Loan Agreement, Commercial Construction Mortgage,
Commercial Guaranty (Mr. Post’s personal Guaranty), Security Agreement,
Assignment of Rents and Leases, and Assignment of Plans and Specifications in
order to loan $500,000 to Heritage Square Development LLC for the construction of
two townhouses at Heritage Square.

The construction of the two townhouses has now been completed. At this time,
Heritage Square Development, LLC is proposing to repay the principal amount of
$500,000, plus interest accrued to October 30, 2015, by November 6, 2015, and the
City would rebate the accrued interest paid on the condition that Heritage Square
submits plans for one or more additional units contiguous to the townhouses
currently constructed and foundations for the proposed unit(s) are poured no later
than four weeks after the permits are approved by SafeBuilt.



FINANCIAL IMPACT: The $500,000 borrowed from the City by Heritage Square,
LLC will be repaid by the borrower and deposited back into the City’s “economic
development fund”.


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: To approve the Amendment to Construction
Loan Note and authorize the Mayor and Clerk’s signatures on the documents.
                  Commission Meeting Date: November 10, 2015




Date:         November 3, 2015
To:           Honorable Mayor and City Commissioners
From:         City Manager and Finance Director
RE:           Bid Tabulation for Installation of Locker Room at
              L.C. Walker Arena



SUMMARY OF REQUEST: With the execution of the lease with Reeths-Puffer
High School to use the L.C. Walker Arena for their varsity hockey, additional locker
room space was required at the arena. Four bids were received from contractors to
perform the work to construct a new locker room at the arena. A bid tabulation
summary is attached. Grand Haven Construction was the lowest cost from the bids
received. Therefore, based on cost and quality of work, staff requests the approval of
Grand Haven Construction in the installation of the new locker room at the arena.



FINANCIAL IMPACT: Total proposed cost of $37,540 to install new locker room.


BUDGET ACTION REQUIRED: Fiscal year 2015-16 budget included $30,000
in the general fund for L.C. Walker Arena locker room improvements. FY2015-16
budget to be adjusted to reflect actual cost.



STAFF RECOMMENDATION: To approve the bid received from Grand Haven
Construction for the installation of new locker room at L.C. Walker Arena.
Commission Meeting Date: NOVEMBER 10, 2015

Date:         October 27, 2015
To:           Honorable Mayor and City Commission
From:         Director of Public Safety
RE:           Fireworks Delegation of Authority Agreement
____________________________________________________________________


SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the “Fireworks Delegation of Authority Agreement
pursuant to PA 256” for 2016.

The Bureau of Fire Services is seeking departments that are interested in applying for
inspection delegation for consumer fireworks retail sales facilities (CFRS) under Section
19 of PA 256 of 2011. The delegation is for one (1) year. The fire department would be
responsible for conducting inspections of the permanent and temporary CFRS locations
within its jurisdiction (City of Muskegon). Entities that apply for delegation will receive
70% of the application fee that is paid for the consumer fireworks certificate ($700.00 for
permanent structure and $420.00 for temporary structure).

Currently, the MUFD has two Certified Fire Inspectors that are qualified to perform this
task. Application will be made upon acceptance by the City Commission.



FINANCIAL IMPACT: Positive financial impact as fees are paid to conduct inspections.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: The Director requests staff recommend approval of the
2016 Fireworks Delegation of Authority Agreement.
             CITY OF MUSKEGON
                RESOLUTION
WHEREAS, the City of Muskegon finds it necessary to conduct Fireworks
         Delegation of Authority Authorization Pursuant to PA 256; and

WHEREAS, the City of Muskegon will conduct fireworks inspections within its
         jurisdiction and/or perform said inspection/s upon request/s per
         mutual aid; and

WHEREAS, the inspections will generate fees to the City of Muskegon ($700.00
         permanent structure, $420.00 temporary structure)

NOW THEREFORE BE IT RESOLVES that the City Commission authorized
         the Muskegon Fire Department certified inspectors to perform
         Fireworks Delegation Inspections as stated.

Signed this 10th day of November, 2015.



                                       _______________________________
                                       Stephen J. Gawron, Mayor
                                                        STATE OF MICHIGAN
RICK SNYDER           DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS                                                      MIKE ZIMMER
 GOVERNOR                                                                                                                    DIRECTOR
                                                 BUREAU OF FIRE SERVICES
                                                        MICHAEL DEPREZ
                                                   ACTING STATE FIRE MARSHAL


                    FIREWORKS DELEGATION OF AUTHORITY AGREEMENT

                                            Between
                      The Michigan Department of Licensing & Regulatory Affairs
                                      Bureau of Fire Services
                                               and
                                    Muskegon Fire Department
                                          EXPIRATION
                                          April 30, 2017


I. Purpose

   This agreement is entered into for the purpose of delegating responsibility for inspections of
   consumer fireworks retail locations in accordance with the Michigan Fireworks Safety Act, PA
   256 of 2011, as amended, MCL 28.469.


II. Local Agency Responsibilities

   The Muskegon Fire Department agency agrees:

      A. To abide by all terms of this agreement including all attachments (i.e. procedures).

      B. To the use of State Certified Fire Inspectors to perform all delegated inspections.

      C. To complete all delegated inspections within the time frames as specified by the
         Department of Licensing & Regulatory Affairs, Bureau of Fire Services.

      D. To complete all delegated inspections using the applicable rules promulgated in
         accordance with MCL 28.470.

      E. To utilize all report forms and reporting formats required by the Department of Licensing
         & Regulatory Affairs, Bureau of Fire Services, for all delegated inspections of consumer
         fireworks retail locations.

      F. To follow and apply all Department of Licensing & Regulatory Affairs, Bureau of Fire
         Services, procedures regarding the inspection of consumer fireworks retail locations.

      G. To the proper conduct and demeanor of their employee(s) while performing delegated
         inspections in accordance with this agreement.
                                                LARA is an equal opportunity employer
       Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.
                       3101 TECHNOLOGY BLVD., SUITE H • P.O. BOX 30700 • LANSING, MICHIGAN 48909
                          www.michigan.gov/bfs • (517) 241-8847 • Fax: (517) 332-1427 or (517) 332-1428
                                                                                                                    BFS-405 (Rev 9/2015/14)
       H. To attend training opportunities provided by the Department of Licensing & Regulatory
          Affairs, Bureau of Fire Services, necessary for the proper completion of delegated
          inspections.


III. Department of Licensing & Regulatory Affairs, Bureau of Fire Services responsibilities

    The Bureau of Fire Services agrees:

       A. To abide by the terms of this agreement, including all attachments.

       B. To provide the technical assistance and supervision necessary for the proper
          administration of this agreement.

       C. To provide any report forms and reporting formats required by the Department of
          Licensing & Regulatory Affairs, Bureau of Fire Services, for the reporting of inspections
          performed in accordance with this agreement.

       D. To provide the Muskegon Fire Department with copies of applicable Department of
          Licensing & Regulatory Affairs, Bureau of Fire Services procedures, manuals, or other
          documents necessary for the implementation of this agreement.

       E. To provide the opportunity for training for an appropriate number of employees of the
          Muskegon Fire Department, as determined by the Department of Licensing &
          Regulatory Affairs, Bureau of Fire Services, regarding rules, laws, or procedures
          necessary for the completion of inspections delegated in accordance with this
          agreement.

       F. To annually review the delegation of authority to perform inspections of consumer
          fireworks retail locations to verify compliance with MCL 28.455.

       G. To notify the Agency, in writing, of intent to revoke delegated authority if the Department
          of Licensing & Regulatory Affairs, Bureau of Fire Services, finds that the terms of the
          agreement have not been kept, or if the Department intends to withdraw the delegation
          program.

       H. To revoke the authority of the employee(s) to perform delegated inspections upon
          notification of the Muskegon Fire Department that the request for delegation has been
          rescinded.

       I. To inform the State Fire Safety Board of all decisions by the Department of Licensing &
          Regulatory Affairs, Bureau of Fire Services, in delegating or revoking the authority
          delegated under MCL 28.469.
IV. Conflict of Interest

  The Muskegon Fire Department and the Department of Licensing & Regulatory Affairs, Bureau
  of Fire Services, are subject to the provisions of Act No. 317, PA of 1968, as amended, being
  MCL 15.321 et seq, and Act No. 196, PA of 1973, as amended, being MCL 15.341 et seq.

V. Liability

      A. All liability and/or loss or damage as a result of claims, demands, costs, or judgments
         arising out of activities that are the responsibility of the Muskegon Fire Department or
         unit of government pursuant to the terms of this agreement shall be the responsibility of
         the Agency if the liability, loss, or damage is caused by, or arises out of, the actions or
         failure to act on the part of the unit of government or its employees either directly or
         indirectly, provided that nothing herein shall be construed as a waiver of any
         governmental immunity available to the government body or unit of government or its
         employees by common law, statute, or court decision.

      B. All liability and/or loss or damage as a result of claims, demands, costs, or judgments
         arising out of activities that are the responsibility of the Department of Licensing &
         Regulatory Affairs, Bureau of Fire Services, or its employees shall be the responsibility of
         the Department if the liability, loss, or damage is caused by, or arises out of, the actions
         or failure to act on the part of the Department or its employees either directly or indirectly,
         provided that nothing herein shall be construed as a waiver of any governmental immunity
         available to the State, its agencies, the Department of Licensing & Regulatory Affairs,
         Bureau of Fire Services, or the employees of any of them as provided by common law,
         statute, or court decision.

      C. In the event that liability to third parties, and/or loss, or damages arises as a result of
         activities which go beyond the mere fact of agreement between the Muskegon Fire
         Department, and the Department of Licensing & Regulatory Affairs, Bureau of Fire
         Services, in fulfillment of their responsibilities under this agreement, such a liability, loss
         or damage shall be borne in relation to each party’s responsibilities under that joint
         activity, provided that nothing herein shall be construed as a waiver of any governmental
         immunity available to the governing body, unit of government, the State and the
         Department of Licensing & Regulatory Affairs, Bureau of Fire Services, or the employees
         of any of them, as provided by common law, statute, or court decision.


VI. Compensation from Application Fees

    During the time this agreement is in effect, the financial entity for the Muskegon Fire
    Department will receive 70% of the consumer fireworks application fee paid by the applicant
    for facility inspection duties within the Muskegon Fire Department jurisdiction. This amounts
    to $700 per permanent structure and $420 per temporary structure.
 VII. Statutory Authority

       Authority to perform inspections of consumer fireworks retail locations to verify compliance with
       MCL 28.455 is delegated to the BFS approved certified fire inspector(s) of the Muskegon Fire
       Department by the Department of Licensing & Regulatory Affairs, Bureau of Fire Services,
       under provision of Michigan Fireworks Safety Act, PA 256 of 2011 as amended, MCL 28.469.
       This delegation does not include any authority to issue citations or otherwise enforce the
       provisions of the Fireworks Safety Act.




  Franklin Peterson                                         City Manager
Print Name of Local Certifying Official                   Title of Local Certifying Official




Certifying Official Signature                            Date



Jeffrey A. Lewis
Printed Name of Fire Chief




Fire Chief Signature                                    Date



Michael Deprez
Printed Name of Acting State Fire Marshal




Acting State Fire Marshal Signature                     Date
            Commission Meeting Date: November 10, 2015

Date:                November 3, 2015
To:                  Honorable Mayor & City Commission
From:                Planning & Economic Development Department
RE:                  Sale of Buildable Vacant Lot at 163 Iona.


SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 163 Iona Ave. (Parcel #24-205-244-0011-
00) to Craig Person to combine with his property at 169 Iona Ave., Muskegon, MI. The lot is
66 x 132 ft. and is being offered to Craig Person for $800 plus the fee to register the deed.



FINANCIAL IMPACT:
The sale of this lot will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued maintenance costs.

BUDGET ACTION REQUIRED:
None

STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
                                           Resolution No. _______

                                  MUSKEGON CITY COMMISSION



RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 163 IONA FOR $800.

WHEREAS, Craig Person will be allowed to purchase the parcel designated as number 24-205-244-0011-00,
located at 163 Iona for $800; and

WHEREAS, Craig Person will combine this with the property he owns at 169 Iona; and

WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance
costs; and

WHEREAS, the sale of a buildable lot would require a home to be constructed; instead he will be combining this
with his current property that does have a home; and

WHEREAS, he will not be constructing a new home on this parcel; and

NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-244-0011-00, located at 163 Iona Ave. be
sold to Craig Person for $800.

CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLOCK 244



Adopted this 10th day of November, 2015



Ayes:

Nays:

Absent
                                                                            By: _________________________
                                                                             Stephen J. Gawron
                                                                              Mayor

                                                                          Attest: ________________________
                                                                             Ann Meisch, MMC
                                                                             City Clerk



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 November 10,
2015.



                                                                             By: ________________________
                                                                             Ann Meisch, MMC
                                                                             City Clerk
Date:        November 10, 2015
To:          Honorable Mayor and City Commissioners
From:        Ann Meisch, City Clerk
RE:          Amendment to the No Smoking Policy


SUMMARY OF REQUEST: In 1993, the City adopted a No Smoking policy. In
2009, the City was required to adopt the Muskegon County Clean Indoor Air
Regulation. The Clean Indoor Air Regulation policy does not give a definition of
smoking. The 1993 No Smoking policy does list a definition of smoking.

In the past several years, other “tobacco products” have come along. The Muskegon
County Health Department has provided a current definition of “tobacco products”
that have been added to the City’s No Smoking policy and those additions are
highlighted on the attached document.

We are also requesting to change the language for violations to more accurately
reflect the personnel rules currently in place.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To adopt the updated No Smoking Policy.
                CITY OF MUSKEGON
                     SMOKING POLICY
   A. Purpose
       1. To protect the indoor air quality of City of Muskegon facilities and vehicles.
       2. To protect the public health and welfare by prohibiting smoking in enclosed areas of City
          facilities.
       3. To recognize that where the needs of smokers and nonsmokers conflict, the need to breathe
          smoke free air has priority.


   B. Policy
       1. Smoke Free
          City of Muskegon facilities and vehicles shall be entirely smoke free.
       2. Prohibitions
          Smoking will be strictly prohibited within all work areas and public spaces including:
              a) Conference Rooms
              b) Reception areas
              c) Restrooms
              d) Stairwells
              e) Hallways
              f) Lobbies
              g) Entryways
              h) Work stations of all fully enclosed city facilities
              i) Within all city vehicles
              j) Leased offices within a city facility
       3. Exceptions
          Smoking shall be allowed in facilities, which are owned by the City of Muskegon, but are
          leased in their entirety to another entity.
       4. No Smoking Statement
          SMOKING PROHIBITED IN THIS BUILDING PURSUANT TO THE MICHIGAN CLEAN INDOOR AIR
          ACT P.A. AS AMENDED P.A.294, 296 AND 315 AND PURSUANT TO THE CITY OF MUSKEGON
          NO SMOKING POLICY.
       5. Prominent Signs
          Prominent signs displaying the no smoking statement will be posted at all entrances and
          throughout each fully enclosed city facility.
       6. New Employees
          New Employees will receive a copy of this policy by department heads or supervisors.



Revised September 2015
   C. ENFORCEMENT OF POLICY
       1. All Persons
          This policy require the cooperation of smokers and nonsmokers. Employees, clients,
          contractors, and all visitors are responsible to comply and enforce the policy.
       2. Reporting Violations
          a) Persons observing a violation of this article may bring it to the attention of a supervisor,
               department head or the City of Muskegon Police Department.
          b) Any person may bring legal action to enforce this article, notwithstanding any other
               provision of this article.
       c) Employees observing a violation of this policy should bring it to the attention of their
          immediate supervisor.
       3. Immediate Supervisor
          Immediate supervisors receiving a complaint will investigate and take action to resolve the
          issue as soon as possible.
       4. Violations and Penalties
          a) It is unlawful for any person who manages, operates or otherwise controls the use of
               any premises owned by the City of Muskegon to fail to comply with any of this article’s
               provisions.
          b) Violations may result in discipline up to an including termination.
          b) Any person who violates any provision of this article shall be guilty of an infraction,
               punishable by:
               (1) First Violation: Fine not exceeding one hundred dollars ($100.00). Person given copy
                   of smoking policy at no cost to the violator.
               (2) Second violation within one year of the first violation: Fine not exceeding two
                   hundred dollars ($200.00).
               (3) Each additional violation within one year of the previous violation: Fine not
                   exceeding five hundred dollars ($500.00).

   Definitions, Severability, and other laws
   Definitions

           a) The following words and phrases, whenever used in this article will be construed as
              defined in this section.
           b) Employee: Any person that the City of Muskegon employs and receives direct or indirect
              monetary wage from the City of Muskegon or volunteers his or her services to the City.
           c) Employer: City of Muskegon
           d) Enclosed areas: All space between a floor and ceiling which a solid wall or window
              encloses on all sides, and extends from the floor to the ceiling, including all space
              therein screened by partitions which do not extend to the ceiling or are not solid.
           e) Smoking: The use of any tobacco product, including but not limited to: Inhaling,
              exhaling, burning or carrying any lighted cigar, cigarette, weed, plant, or other
              combustible substance in any manner or in any form.
           f) Severable: Ability to exist with certain portions extracted.


Revised September 2015
          g) “Tobacco Product” means any product containing, made or derived from tobacco that is
               intended for human consumption. Tobacco products include, but are not limited to,
               cigars; little cigars; cheroots; periques; granulated, plug cut, crimp cut, ready rubbed,
               and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-
               cut and other chewing tobacco; shorts ; refuse scraps, clippings, cuttings and sweepings
               of tobacco, cigarettes, and other kinds and forms of tobacco. Tobacco Product also
               includes electronic cigarettes. Tobacco products excludes any tobacco product that has
               been approved by the USFDA for sale as a tobacco cessation product, as a tobacco
               dependence product, or for other medical purposes, and is being marketed and sold
               solely for such an approved purpose.
       1. Severability
          If any provision, clause, sentence, or paragraph of this article or the application there of to
          any person or circumstances shall be held invalid, such invalidity shall not affect the other
          provisions of this article. This article can be given effect without the invalid provisions or
          application, and to this end the provision of the article are declared to be severable.
       2. Other Application Laws
          This article shall not be interpreted or construed to permit smoking where it is otherwise
          restricted by other applicable laws.




Revised September 2015
         Commission Meeting Date: November 10, 2015




Date:         November 4, 2015
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department
RE:           Purchase Agreement- Hippchen Property


SUMMARY OF REQUEST: Tom and Dolly Hippchen (325 Houston) have agreed to
sell the City a portion of their property. This property is needed to add to the adjacent
City owned property so that four new homes can be built on Houston Avenue. The
price for the property is $12,000, with some additional costs associated with the
relocation of the fences and landscaping.



FINANCIAL IMPACT: The cost for the property is $12,000, with some minor costs
associated with the relocation of fences and landscaping. However, by purchasing
the additional property, it will enable the City to build four new homes on Houston
Avenue. Without this additional property, the City would only be able to have two
buildable lots on Houston.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: To approve the Purchase Agreement between Tom
and Dolly Hippchen and the City and to authorize staff to sign any necessary
documents for the property transaction and to authorize the expenditures necessary
for the fence and landscaping relocations.
                         REAL ESTATE PURCHASE AGREEMENT


       THIS AGREEMENT is made ___________, 2015 (“Effective Date”), by and between
the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Buyer"), and Thomas & Dardinella Hippchen, of 325 Houston, Muskegon,
Michigan 49441 ("Seller").

                                               Recitals

   A. Seller owns the parcel located at 325 Houston Avenue upon which their home is located.
   B. Seller also owns the lot along Houston Avenue directly adjacent to 325 Houston Avenue
      (“Adjacent Lot.”) This Adjacent Lot is vacant except for landscaping and a garden.
   C. Buyer wishes to acquire a portion of Seller’s Adjacent Lot for completion of a City
      Housing Initiative that includes development of nine new homes on the block.
   D. A Lot Split shall be performed and a survey conducted to establish the boundaries of the
      parcel Seller shall sell to Buyer.

                                             Agreement

       1.       General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the real estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right, title and interest in all adjoining public ways, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:

                                          SEE ATTACHMENT A

Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.

        2.    Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Twelve-Thousand Dollars ($12,000), payable in cash at the closing.

       3.      Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.

        4.      Title Insurance. Buyer agrees to deliver to Seller, on or before the closing date,
a commitment for title insurance, issued by Land America Transnation Title Insurance Company,
for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Buyer closes on the Premises, any
objections to the title are deemed waived. If Seller fails to resolve such restrictions or remedy
the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Buyer.

       5.       Survey. Buyer at its own expense shall obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. In
the event that a survey by a registered land surveyor made prior to closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, Seller shall
have the option of effecting a remedy within thirty (30) days after disclosure Buyer may elect to
purchase the Premises subject to said encroachment or variation.

     6.    Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH SUBSTANCES ARE
FOUND.

       7.     Closing. Unless the parties otherwise mutually agree, the closing shall be held
within 30 days from the Effective Date ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444.

       8.      Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at
Closing for the Premises.

       9.      Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.

        10.    Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.

       11.     Costs. The costs associated with this Agreement shall be paid as follows:
                       i.       Buyer shall pay all state and county transfer taxes in the amounts
               required by law.

                       ii.     Buyer shall pay the premium for the owner's policy of title insurance.
               Buyer shall pay for any lenders policy of title insurance and the cost of any endorsements
               to the owner’s policy requested by Buyer.

                       iii.    Buyer shall pay for the cost of recording the warranty deed.

                       iv.    Buyer shall be responsible to pay for the recording of any instrument that
               must be recorded to clear title to the extent required by this Agreement.

                       v.      Buyer shall pay any closing fees charged by the Title Company.

      12.     Fence and Landscaping. Upon Closing, Buyer shall perform the following tasks
to move and relocate Seller’s landscaping:
                      i.      Relocate and secure the statue, pedestal with slates and
              surrounding stones on the ground to location within new property lines.
                      ii.     Relocate “Rose of Sharon” bushes and eight blueberry plants and
              replant at direction of Seller
                      iii.    Relocate existing white vinyl fence at new property line.
                      iv.     Relocate existing black aluminum fence to new property line.
              Reuse or replace the aluminum edging along existing black fence, reusing or
              replacing the barrier under the stone and filling with river rocks once moved.
                      v.      Leave 6’ chain link fence on south side of alleyway. Buyer agrees
              said chain link fence belongs to Seller.
                      vi.     Seller attests that irrigation system is closed. Buyer shall cut ends
          of hoses of underground sprinkler at property line and secure with duct tape.
                      vii.    Buyer shall not be responsible to move any trees.
                      viii. Buyer shall stake new property line.

       13.     General Provisions.

             a.     Paragraph Headings. The paragraph headings are inserted in this
       Agreement only for convenience.

                b.    Pronouns. When applicable, pronouns and relative words shall be read as
       plural, feminine or neuter.

              c.     Merger. It is understood and agreed that all understandings and
       agreements previously made between Buyer and Seller are merged into this Agreement,
       which alone fully and completely expresses the agreement of the parties.

              d.      Governing Law. This Agreement shall be interpreted and enforced
       pursuant to the laws of the State of Michigan.

              e.      Successors. All terms and conditions of this Agreement shall be binding
       upon the parties, their successors and assigns.
               f.      Severability. In case any one or more of the provisions contained in this
       Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
       respect, such invalidity, illegality, or unenforceability shall not affect any other provision
       of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
       unenforceable provision(s) had never been contained herein.

              g.      Survival of Representations and Warranties. The representations,
       warranties, covenants and agreements contained in this Agreement and in any instrument
       provided for herein shall survive the Closing and continue in full force and effect after
       the consummation of this purchase and sale.

              h.      Modification of the Agreement. This Agreement shall not be amended
       except by a writing signed by Seller and Buyer.

        The parties have executed this Real Estate Purchase Agreement on the date written below
their names, to be effective as of the day and year first above written.


WITNESSES:                                       BUYER: CITY OF MUSKEGON


_______________________________                  By_____________________________________
                                                 Stephen J. Gawron, Mayor
                                                 Date: __________________


_______________________________                  _______________________________________
                                                 Ann Meisch, MMC, Clerk
                                                 Date: __________________


                                                 SELLER: Thomas & Dardinella Hippchen


________________________________                 _____________________________________
                                                 Name: ______________________
                                                 Title: _______________________
                                                 EIN#:_____________________
                                                 Date: __________________
________________________________
       ATTACHMENT A

SURVEY and LEGAL DESCRIPTIONS
Commission Meeting Date: November 10th, 2015



Date:         November 4th, 2015
To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:           Roof Maintenance/Repair Central Station (Terrace St.)




SUMMARY OF REQUEST:

The Director of Public Safety requests that the Commission authorize the amount of
$19,200.00 for the roof repair to Central Fire Station. It was determined that the roof
was leaking, causing damage to the roof structure, and to the interior space of
Central Dispatch (roof over main facility). Roofing bids were requested, Free Spirit
Construction Inc. was selected from the competitive bid process (see attachment for
details).



FINANCIAL IMPACT:

Negative impact, exigent repair was unforeseen in this current budget year.



BUDGET ACTION REQUIRED:

Repairs to Central Station roof will require 2nd quarter budget amendment of
$20,000.00 to include repairs cost and/or any cost overage.



STAFF RECOMMENDATION:

Staff recommends approval of this repair request.
COMMISSION MEETING DATE: November 10, 2015

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. 236 Washington St. (garage only)


SUMMARY OF REQUEST: This dangerous building case EN2156683, at 236
Washington St., was tabled at the October 13, 2015 City Commission meeting so the
owner may obtain the necessary permits to repair the garage at that location. The
Commission ordered the structure was to be completely repaired on/before the City
Commission meeting of 11/10/2015. A permit was obtained October 29, 2015, as of this
date the repair work has not been completed as agreed upon.

     This structure in question is located on Washington between 6th and 5th and is
owned by Catalina Ortiz.

      State Equalized value:      $ 19,200 (all structures).
      Estimated cost to repair:   $ 5,000 (garage only)


Financial Impact: MSHDA Land Bank Grant

Budget action required: None

Staff Recommendation:

      To concur with the Housing Board of Appeals decision to demolish, and that it be
demolished within thirty (30) days or infraction tickets may be issued.
Notification procedures:
   1) Title search is performed so all interested parties are notified.
   2) All notifications are posted on the structure. The Ms. Ortiz’s son resides in the home.
   3) All notifications are mailed by certified mail with a return card for signature. Some cards came
        back signed others were returned unclaimed.
Owner Contact: After the Housing Board of Appeals declared the garage as a dangerous building; Ms.
Ortiz’s son came in after the HBA’s determination was posted and had said he was given more time, but
could not remember by whom. Additional correspondence is highlighted in yellow.
         Timeline for dangerous building:
              7/24/15 – Notice & Order - Posted/Mailed.
                - 7/27/15-Owner called (SAFEbuilt) & agreed to give a letter explaining when they
                     would have the garage fixed. He did not want the garage inspected. Per KB’s note.
                     No letter was found.
                - 8/20/15 – A letter was sent by SAFEbuilt for working without a permit.
              8/21/15 – HBA meeting notification – Posted/Mailed.
                - 8/25/15 – Note under work without a permit – Owner called SAFEbuilt & said they
                     are not working on it; but they are trying to get money to fix it.
                - 9/3/15 – HBA meeting held. No one representing this property attended the meeting.
              9/11/15 – HBA Determination – Posted/Mailed.
              9/25/15 – CC meeting notification – Posted/Mailed.
              10/13/15 – Owner’s son was in attendance at the City Commission meeting and had
                asked for more time. The City Commission tabled this to 11/10/15 meeting. After the
                meeting staff met with the son and explained that he would need to contact SAFEbuilt
                that week to get the permitting started so the work could be completed.
              10/28/15-Permit was applied for and on 10/29/15 the permit was issued with
                requirements.
                  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 - 236 WASHINGTON AVE (garage only)
Inspection noted (pictures of the garage only):
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.




                                       PLAN REVIEW APPROVAL
DATE: October 29, 2015
TO:
  236 WASHINGTON AVE
  MUSKEGON, MI 49441
PERMIT INFORMATION

       PERMIT NUMBER:                  PB150964
       PERMIT FEE:                     $80.75
       PROPERTY OWNER:                 ORTIZ CATALINA
       SITE ADDRESS:                   236 WASHINGTON AVE
       PROJECT DESCRIPTION:            REPAIR GARAGE PER DB
The design documents submitted for this project have been reviewed for compliance with the State and
locally adopted codes and amendments. The plan has been APPROVED, if any, please note
comments below.
BUILDING CONTACT:                RON JOHNSTON           231-724-6767
   • Must conform to 2012 MBC (Commercial)
   • Must conform to 2009 MRC (Residential)
   • YELLOW CARD MUST BE POSTED TO BE SEEN FROM STREET BEFORE WORK
   STARTS
   • CALL FOR REQUIRED INSPECTIONS
   • RAFTERS CANNOT SIT ON EXISTING LEDGER BOARD
   • NEED FRAMING INSPECTION BEFORE ITS COVERED UP
                  Commission Meeting Date: November 10, 2015




Date:         November 3, 2015
To:           Honorable Mayor and City Commissioners
From:         Finance Director
RE:           Transmittal of 6/30/15 Comprehensive Annual Financial Report



SUMMARY OF REQUEST: The City's June 30, 2015 Comprehensive Annual
Financial Report (CAFR) has been distributed to City Commissioners via email and
hard copy.        The CAFR is also available on the City’s website at
www.shorelinecity.com. The CAFR includes the annual independent auditor’s report
as required by state law. At this time the CAFR is being formally transmitted to the
City Commission. The CAFR has been prepared in accordance with all current
Governmental Accounting Standards Board (GASB) pronouncements and also
includes the single-audit of federal grants received by the City.



FINANCIAL IMPACT: The CAFR report summarizes the City's financial activities
for the year and includes the independent auditor's unmodified opinion on the City's
financial statements.



BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Acceptance of the June 30, 2015 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and private
agencies.



COMMITTEE RECOMMENDATION: None.
                  Commission Meeting Date: November 10, 2015




Date:          November 3, 2015
To:            Honorable Mayor and City Commissioners
From:          City Manager and Finance Director
RE:            Operations Management Contract and Liquor License
               Management Agreement – L.C. Walker Arena



SUMMARY OF REQUEST: On September 8, 2015, the City Commission
authorized City staff to negotiate a contract with Tim Taylor (TWO T’S LLC) to
manage the L.C. Walker Arena and Conference Center. The key terms are as
follows:

   •    TWO T’S LLC, as an independent contractor, to oversee all operational
        aspects of the L.C. Walker Arena as the manager on behalf of the City;

   •    Operations Management Contract effective for a period of three years to
        terminate on September 1, 2018;

   •    Management Agreement – Liquor License coincides with the term of the
        Arena Management Agreement.


FINANCIAL IMPACT: Annual fixed fee of $75,000 to be paid in equal payments
of $6,250 per month.


BUDGET ACTION REQUIRED: Current year budget will be adjusted to reflect
this change.



STAFF RECOMMENDATION: To approve                     the   attached   Operations
Management Contract and Management Agreement.
COMMISSION MEETING DATE: November 10, 2015

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 #: EN158003


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

Case# & Project Address: # EN158003 – 329 Washington

Location and ownership: This structure is located on Washington Ave. between 6th and
7th Streets and is owned by Jim Ferretti.

Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 8/11/2015. On 10/1/2015 the HBA
declared the structure substandard and dangerous.




Financial Impact: MSHDA Grant (pending their approval to proceed) or General
Funds

Budget action required: None

State Equalized value:     $ 18,300

Estimated cost to repair: $ 22,000 (for the exterior portion only)

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
   1) Title search is performed so all interested parties are notified.
   2) All notifications are posted on the structure.
   3) All notifications are mailed by certified mail with a return card for signature.
             Mr. Ferretti didn’t sign for the certified mail; but he is on the e-alert service and an
                e-alert went to him at the beginning of this process.
             The County Treasurer’s certified mailing cards are returned with signatures.
Owner Contact: None
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 - 329 WASHINGTON AVE
Exterior Inspection noted:
    1) Garage- Cardboard is not an acceptable form of repair or use of exterior type materials. The
        structure is not maintained in good repair.
    2) Roof has some shingles or parts of shingles missing. Roof has shingles that are deteriorated and
        need replacing. Shingles are coming loose. Shingles are separating from the roof along the edges.
    3) Have eave boards that are rotted or missing.
    4) Steps have concrete or block walls on the sides that are deteriorated.
    5) Porch floor is deteriorated.
    6) Window has glazing that is missing or deteriorated.
    7) Door threshold is broken, rotted or missing.
    8) Exterior trim has peeling paint that needs to be properly scraped and needs to be protected from
        weather by properly applied water-resistant paint or waterproof finish.
    9) Foundation walls have missing mortar or open cracks.
    10) Many windows are broken/boarded and not weather tight. Due to the boards not being weather
        tight; this causes the weather elements to still get in. An interior inspection of the home is needed
        to determine any damage done to the interior.
    11) Doors are boarded and not weather tight.
    12) An interior inspection of the Trades is needed; please contact SAFEbuilt at (231) 724-6715 to
        schedule this within 14 days of the notice if you do not agree with this so an interior inspection
        may be completed. Owner never contacted SAFEbuilt for a trades inspection.
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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