City Commission Packet 09-26-2017

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     CITY OF MUSKEGON
       CITY COMMISSION MEETING
       SEPTEMBER 26, 2017 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440


                                 AGENDA

□     CALL TO ORDER:
□     PRAYER:
□     PLEDGE OF ALLEGIANCE:
□     ROLL CALL:
□     HONORS AND AWARDS:
□     INTRODUCTIONS/PRESENTATION:
□     CITY MANAGER’S REPORT:
□     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
      B. Kitchen 242 Contract Renewal       City Clerk
      C. Sanitary Sewer Improvements        Department of Public Works
      D. POLC Collective Bargaining Agreement City Manager
      E. Request to Order Phase II Environment Assessment at 920 and 1000 W.
         Western Planning & Economic Development
      F. Desktop Computer Work Stations – Police Department          Public
         Safety
      G. Unattended Running Vehicles        Public Safety
      H. Authorization to Staff to Submit a Transportation Alternative Program
         (TAP) Agreement         DPW/Engineering
□   PUBLIC HEARINGS:
      A. BID Special Assessment – Resolution Approving District
         Planning & Economic Development


                                        Page 1 of 2
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
       A. Concurrence with the Housing Board of Appeals Notice and Order to
          Demolish the Following:   Public Safety
           561 Catherine Avenue – Garage Only
           216 Allen Avenue
           189 Strong Avenue
           1750 Pine Street
           1526 Terrace Street
       B. Request to Amend the Planned Unit Development (PUD) at Terrace
          Point Circle  Planning & Economic Development
       C. Request to Amend the Planned Unit Development (PUD) at 3425 Fulton
          Avenue Planning & Economic Development
       D. Approval of the Proposal at 895 4th Street                         Planning & Economic
          Development
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
►      Reminder: Individuals who would like to address the City Commission shall do the following:
►      Fill out a request to speak form attached to the agenda or located in the back of the room.
►      Submit the form to the City Clerk.
►      Be recognized by the Chair.
►      Step forward to the microphone.
►      State name and address.
►      Limit of 3 minutes to address the Commission.
►      (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)

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




                                                       Page 2 of 2
Date:     September 20, 2017
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the September 11, 2017
Worksession Meeting and the September 12, 2017 Regular City Commission
Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


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

                            Monday, September 11, 2017
                                      5:30 p.m.
                             City Commission Chambers
                       933 Terrace Street, Muskegon, MI 49440

                                   MINUTES
2017-72

Present:     Gawron, Hood, Warren, German, Rinsema-Sybenga, Johnson, and
             Turnquist
Absent:      None

Muskegon Lake Area of Concern – WMSRDC Presentation
Kathy Evans, West Michigan Regional Shoreline Development Committee, (WMSRDC)
gave a comprehensive presentation to the Commission. The presentation included an
update on the progress being made to delist the Muskegon Lake Area of Concern. In
addition, an overview of the progress already made to clean up and restore water
quality and natural resources as well as large scale contaminated sediment cleanups
that will be taking place and a habitat restoration project at Veteran’s Memorial Park.
Remediation, Restoration, and Revitalization of Muskegon Lake.

Business Improvement District – Renewal Presentation – Downtown Muskegon
Now
Dave Alexander, Executive Director of Downtown Muskegon Now, presented
information regarding the request for renewal of the Business Improvement District.
Recommendations were made for increasing the length of the Assessment and
expanding the boundaries of the District, as well as several others. Services that have
been in place and will continue, with renewal, were also highlighted.
Muskegon County Youth, Family and Community Millage Presentation
Zachary Anderson, representing the Countywide Youth, Family and Community Millage
Committee presented information about the Countywide Millage. The attempt at this
millage stems from systemic issues facing Muskegon County youth and gaps in
services that can be addressed if the millage passes.

Televising Commission Meetings
The current contract with DSE TV will expire at the end of this year. There was some
discussion regarding the future of televised commission meetings and the possibility of
opening up the project for proposals/bids.

CLOSED SESSION
Moved by Commissioner Rinsema-Sybenga, second by Commissioner Warren, to
go into closed session for the purpose of discussion of labor negotiations.

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     ROLL VOTE:       Ayes: Warren, German, Rinsema-Sybenga, Johnson,
                      Gawron, and Hood

                      Nays: None
     MOTION PASSES

Moved by Commissioner German, second by Commissioner Rinsema-Sybenga to
return to open session.

     ROLL VOTE:       Ayes: German, Rinsema-Sybenga, Johnson, Gawron,
                      Hood, and Warren

                      Nays: None
MOTION PASSES

ADJOURNMENT: The Worksession meeting adjourned at 10:28 p.m.



                                           Respectfully Submitted,



                                           Ann Marie Meisch, MMC – City Clerk




                                   2of 2
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
       SEPTEMBER 12, 2017 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                   MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, September 12, 2017.
George Monroe, from Evanston Avenue Baptist Church, opened the meeting
with prayer, after which the Commission and public recited the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:    Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Debra Warren, Byron Turnquist, Willie German, Jr., and Dan
Rinsema-Sybenga, City Manager Franklin Peterson, City Attorney John Schrier,
and City Clerk Ann Meisch.
INTRODUCTIONS/PRESENTATION:
      A. Presentation of 2017 Beautification Awards
Recipients of the Residential and Business 2017 Neighborhood Beautification
Awards were recognized for their effort in making the city a beautiful place.
Those present were presented with a Certificate of Recognition.
2017-73     CONSENT AGENDA:
      A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve minutes of the August 22, 2017 Regular City
Commission Meeting.
FINANCIAL IMPACT:        None.
BUDGET ACTION REQUIRED:          None.
STAFF RECOMMENDATION:            Approval of the minutes.
      B. Supplemental MERS Contribution Finance
SUMMARY OF REQUEST: For the fiscal year that ended June 30, 2017, staff
conservatively budgeted for pension costs. During the course of fiscal year 2016-
17, changes were made to the Non Union group along with the Police Patrol

                                          Page 1 of 7
and the SEIU group that lower the City’s required payment costs. The amount
the City was expensing each pay period for our pension costs was not adjusted,
this created a surplus. At this time staff believes it is appropriate to take this
opportunity to make a $379,042.54 supplemental payment (above the actuarial
computed amount) to MERS. This is money that the City would be required to
pay MERS eventually. Paying early, while the City is in a position to do so, may
help ease some pressure on future city budgets.
FINANCIAL IMPACT:         $379,042.54 supplemental payment to MERS.
$379,042.54 will be paid from monies already set aside for MERS in the collector
fund.
BUDGET ACTION REQUIRED:         None.
STAFF RECOMMENDATION:        Authorize staff to make a supplemental
$379,042.54 payment to MERS no later than October 31, 2017.
      C. MERS Benefit Window City Manager
SUMMARY OF REQUEST: Staff is requesting to open a F53(25) Benefit Window in
Division 1 of the MERS Defined Benefit Pension Program. The traditional benefit in
this division is F55(25). The window would allow division members to retire up to
two years earlier than currently allowed. The Benefit Window would be open
from September 1, 2017 through October 31, 2017. Two employees could
become eligible at a total cost of $35,883.
FINANCIAL IMPACT:        $35,883
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:       Approve the MERS Defined Benefit Plan Adoption
Agreement to include a temporary benefit of F53(25) from September 1, 2017
through October 31, 2017.
      D. Vinyl Siding Installer Contracts for Fiscal Year 2017   Community &
         Neighborhood Services Department
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
enter into a contract with JR Tucker Construction to install vinyl siding at an
agreed price of $52.00 per building square for the Vinyl Siding Program’s 2017
fiscal year.
FINANCIAL IMPACT:     Funding will be disbursed from the July 1, 2017 – June
30, 2018 Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED:         None at this time.
STAFF RECOMMENDATION:           To approve the request.
COMMITTEE RECOMMENDATION:             The funding for the Vinyl Siding Program
was approved by the Citizen’s District Council during the 2017 CDBG Grant
process.

                                          Page 2 of 7
      E. Vinyl Siding Supplier Contract for Fiscal Year 2017      Community &
         Neighborhood Services Department
SUMMARY OF REQUEST: To authorize Community and Neighborhood Services to
enter a new contract with Keene Lumber Company to be the Vinyl Siding
Supplier for the 2017 fiscal year. Keene Lumber has agreed to honor the existing
contract price of $46.95 per building square for standard siding.
FINANCIAL IMPACT:     Funding will be disbursed from the July 1, 2017 – June
30, 2018 Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED:        None at this time
STAFF RECOMMENDATION:          To approve the request.
COMMITTEE RECOMMENDATION:             The funding for the Vinyl Siding Program
was approved by the Citizen’s District Council during the 2017 CDBG Grant
process.
      F. Police Detective Vehicle     DPW/Equipment
SUMMARY OF REQUEST: Authorize staff to purchase one Chevy Impala from
Berger Chevrolet, the Mi-Deal State contract holder. This will replace the oldest
detective vehicle currently being used.
FINANCIAL IMPACT:        $23,612.00
BUDGET ACTION REQUIRED:        None. Amount is what was budgeted.
STAFF RECOMMENDATION:          Authorize staff to purchase one Chevy Impala
from Berger Chevrolet.
      G. Leaf Vac        DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Leaf Vac coming from Fredrickson Equipment Supply, the sole
source dealer for this brand of equipment. Cost for this vac is $29,000.00 coming
from the Equipment Division Fund.
FINANCIAL IMPACT:        $29,000.00
BUDGET ACTION REQUIRED:        None. Amount is what was budgeted.
STAFF RECOMMENDATION:         Authorize staff to purchase one Leaf Vac from
Fredrickson Equipment Supply, the sole source dealer for this brand of
equipment.
      H. Water Main Purchase and Installation          Department of Public Works
SUMMARY OF REQUEST: Authorize staff to purchase and install an 8 inch water
main in the alley between Sherman and LeTart from Torrent to McCracken. This
project will replace an existing 2 inch galvanized main that has been repaired
multiple times. The City of Muskegon Water Department will install the water
main using our in-house workforce. Pipe and appurtenances ($18,316.75) will be

                                         Page 3 of 7
purchased from Etna Supply, excavator rental ($2,906.00) from MacAllister Cat
and contract trench dewatering ($7,800.00) to Dewind Wells & Dewatering.
FINANCIAL IMPACT:        The total cost for material, equipment rental and
dewatering is $29,022.75
BUDGET ACTION REQUIRED:         None at this time. Expenditure will be addressed
during the 1st quarter reforecast.

STAFF RECOMMENDATION:          Approve material purchase from Etna Supply,
excavator rental from MacAllister Can, and dewatering from Dewind Wells &
Dewatering.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,
to approve the consent agenda as presented, except items I, J, and K.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Warren German, and
           Rinsema-Sybenga
            Nays: None
MOTION PASSES
2017-74    ITEMS REMOVED FROM THE CONSENT AGENDA
      I. Selection of the Consultants for the Imagine Muskegon Lake Plan
         Planning & Economic Development
SUMMARY OF REQUEST: Imagine Muskegon Lake will be a conceptual plan that
focuses on how to better utilize and connect all of the great assets on the
Muskegon Shoreline. Staff interviewed three consultants in August and have
recommended Nederveld/Williams & Works for selection. Their proposal includes
two key stakeholder meetings and one general public workshop. It is
anticipated that the plan will be finalized before the end of the calendar year.
Staff is recommending these firms because of their experience on similar
waterfront projects and also on previous work done for the City, including the
City’s Form Based Code implementation in 2015.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:        The total cost for the consultants is $40,000. The
City will be covering $9,000 and the rest will be covered by grants.
STAFF RECOMMENDATION:           To approve the selection of Nederveld/Williams &
Works and authorize staff to sign the contract.
Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the selection of Nederveld/Williams & Works and to authorize staff to sign the
contract.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Warren German, Rinsema-Sybenga,
           and Turnquist


                                         Page 4 of 7
            Nays: None
MOTION PASSES
      J. Fund Transfer   City Manager
SUMMARY OF REQUEST: FY 2016-17 finished slightly stronger than anticipated. In
particular, the police department was nearly $800,000 under budget and
revenues associated with income taxes and rental registrations were up. The net
result is an anticipated one-time surplus in the General Fund equal to nearly $1.2
Million. Staff is recommending that $1 Million be transferred to the Public
Improvement Fund in preparation for a number of anticipated capital needs.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:       Amend the 2016-17 Budget to transfer $1 Million
from the General Fund to the Public Improvement Fund.
STAFF RECOMMENDATION:         Approve the transfer of $1 Million from the
General Fund to the Public Improvement Fund.
Motion by Commissioner German, second by Vice Mayor Hood, to approve the
transfer of $1 Million from the General Fund to the Public Improvement Fund.
ROLL VOTE: Ayes: Gawron, Hood, Warren German, Rinsema-Sybenga, Turnquist,
           and Johnson
            Nays: None
MOTION PASSES
      K. GVSU Affiliate Agreement      City Manager
SUMMARY OF REQUEST: Enter into an affiliate agreement with GVSU to
accommodate Commissioner Warren’s continued education in the Clinical
Dietetics Program.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approve the affiliate agreement with Grand
Valley State University.
Motion by Commissioner Warren, second by Commissioner Rinsema-Sybenga,
to approve the affiliate agreement with Grand Valley State University.
ROLL VOTE: Ayes: Hood, Warren, German, Rinsema-Sybenga, Turnquist,
           Johnson, and Gawron
            Nays: None
MOTION PASSES



                                         Page 5 of 7
2017-75   PUBLIC HEARINGS:
      A. 2016 Consolidated Annual Performance Evaluation Report (CAPER)
         Community and Neighborhood Services Department
          http://www.muskegon-mi.gov/cresources/Public%20Comment%20CAPER.pdf

SUMMARY OF REQUEST: To conduct a public hearing of the 2016 CAPER
projects funded through CDBG and HOME allocations to the City of Muskegon
Community and Neighborhood Services Department.
FINANCIAL IMPACT:         None
BUDGET ACTION REQUIRED:          None
STAFF RECOMMENDATION:       To submit the 2016 CAPER, including any public
comments received during the 15 day comment period ending September 19,
2017.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
close the public hearing and submit the 2016 CAPER, including any public
comments received during the 15 day comment period ending September 19,
2017.
ROLL VOTE: Ayes: Warren, German, Rinsema-Sybenga, Turnquist, Johnson,
           Gawron, and Hood
             Nays: None
MOTION PASSES
      B. Amendments to the Downtown Development Plan and Tax Increment
         Finance Plan of the City of Muskegon Planning & Economic
         Development
SUMMARY OF REQUEST: To hold a public hearing and approve the
amendments to the Downtown Development Plan and Tax Increment Finance
Plan, which includes removing certain parcels from the plan and adding other
certain parcels into the plan. The amendments also include extending the
duration of the plan until October 1, 2042.
FINANCIAL IMPACT:         It is anticipated that the Downtown Development
Authority will capture increased values with future development.
STAFF RECOMMENDATION:            To approve the plan amendments.
COMMITTEE RECOMMENDATION:        The Downtown Development Authority
unanimously approved the plan amendments at their August 8, 2017 meeting.
PUBLIC HEARING COMMENCED: No public comments were received.
Motion by Commissioner Rinsema-Sybenga, second by Commissioner Johnson,

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close the public hearing and approve the plan amendments.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
           Hood, and Warren
           Nays: None
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:57 p.m.


                                         Respectfully Submitted,




                                         Ann Marie Meisch, MMC, City Clerk




                                     Page 7 of 7
Date:         September 26, 2017
To:           Honorable Mayor and City Commissioners
From:         City Clerk
RE:           Kitchen 242 Contract Renewal


SUMMARY OF REQUEST: Our contract with our Kitchen Manager, Renae Hesselink, is set
to expire on September 30, 2017. Renae has been instrumental in updating the kitchen,
substantially increasing the use of the kitchen, and managing two of the grants we have for
the kitchen as well as applying for new grants. At this time, staff is requesting to extend her
agreement until the end of the fiscal year, June 30, 2018.




FINANCIAL IMPACT: Continuation of the current agreement.



BUDGET ACTION REQUIRED: None at this time.



STAFF RECOMMENDATION: To extend Renae Hesselink’s contract through June 30,
2018.
                              AGENDA ITEM NO. __________

                 CITY COMMISSION MEETING ____________________



TO:           Honorable Mayor and City Commission

FROM:         Department of Public Works

DATE:         September 26, 2017

SUBJECT:      Sanitary Sewer Improvements



SUMMARY OF REQUEST:

Authorize staff to enter into an Engineering Agreement with Prein & Newhof, as per the attached
document, to perform the necessary tasks (design, bidding and construction engineering) for the
rehabilitation of a portion of the Oak Grove and Clay Hill Sewers. The project consists of lining
a 10 inch and 12 inch sewer in the Oak Grove area and lining a 12 inch sewer along with one
manhole installations and several lateral relocations in the Clay Hill area.

City staff would like to capitalize on the work already completed by Prein & Newhof as part of
the recent Saw Grant.


FINANCIAL IMPACT:

Total Cost $22,000.


BUDGET ACTION REQUIRED:

None


STAFF RECOMMENDATION:

Authorize staff to enter into an agreement with Prein & Newhof.
                               AGENDA ITEM NO. _______________
                       CITY COMMISSION MEETING __________________________




TO:        Honorable Mayor and City Commissioners

FROM:      Frank Peterson, City Manager

DATE:      September 19, 2017

RE:        POLC Collective Bargaining Agreement


SUMMARY OF REQUEST:
City Staff and Police Officers Labor Council representatives previously agreed upon a new contract
that took effect January 1, 2017. Since that time, a number of small issues related to the original
tentative agreement have been identified and subsequently reconciled. This is a formal request to
incorporate all of the final changes into the attached tentative agreement. The POLC has already
ratified the contract and city staff has been enforcing the provisions of the contract since January 1,
2017. The new agreement is beneficial to both parties and is expected to help with police officer
recruiting and retention; there is no financial impact on the budget as part of the agreement.


FINANCIAL IMPACT:
None.


BUDGET ACTION REQUIRED:
None.


STAFF RECOMMENDATION:
To approve the Collective Bargaining Agreement with the Police Officers Labor Council as
presented.


COMMITTEE RECOMMENDATION:
   Police Officers Labor Council (POLC) – Muskegon Police Department-Patrol
     Officers Proposals to the Employer, City of Muskegon, on July 13, 2017
                             Settlement Agreement
   1. All provisions of the CBA effective through December 31, 2016, shall continue
      except as modified by this proposal and/or any other agreement to changes, or
      as required by law.

       AGREED

   2. Section 15-Overtime, Article 2-Training, Paragraph g-FTO Compensation
      Effective January 1, 2001, Field Training Officers (FTO) shall receive one
      hour one and one-half hour (1.5) of paid compensation for days when an
      employee is the FTO.

       AGREED*

   3. Section 19-Sick Leave, Article 2
      Sick leave may be accumulated up to a maximum of one hundred thirty-two (132)
      days and in no event shall sick leave be accumulated by any employee in excess
      of one hundred thirty-two (132) days. After an employee has accumulated one
      hundred thirty-two (132) days of accrued, unused sick leave, then all additional
      accruals shall be paid annually at the rate of fifty percent (50%) seventy five
      percent (75%) of such accrual in excess of one hundred thirty-two (132) days. All
      payments due under this section shall be paid annually on January 31 of the
      calendar year next succeeding the accrual.

       AGREED*

    4. Section 19-Sick Leave, Article 6, Paragraph (c)
       Any injury or illness to the employee's spouse, child, stepchild, (which does not
require hospitalization). Any injury or illness to the employee's mother, father,
mother-in-law or father-in-law, which requires the hospitalization of that
individual;

       AGREED*



   5. Section 19-Sick Leave, Article 7
        An employee's absence from work due to duty-connected disability, incurred in
the employment of the City shall receive his straight time salary for the period of said
disability and absence, but not to exceed five (5) working days commencing the date of
the injury for which he/she is receiving compensation, shall not be deducted from his/her
sick leave unless he/she shall elect to be paid the difference between Workmen's
compensation benefits and his/her normal wage or salary, to be paid out of the
operating funds of the department involved, In which event said employee's earned sick
leave shall be used at the rate of one-third (1/3) sick leave day for each day of such
service- connected disability, until such sick leave accumulation has been exhausted, at
which time such payments out of the operating funds of the department involved shall
cease, unless the City Commission shall authorize an extension of leave in the manner
provided in Section 19.8 hereof. Checks for such service connected disability will be
issued only upon receipt of a statement signed by the Employer's physician to the effect
that the injured employee is unable to perform his/her regular duties or such other
temporary tasks available in the framework of the City functions.
        AGREED*

     6. Section 19-Sick Leave, Article 10
         Upon termination of employment under honorable conditions, accrued sick leave
 will be compensated at the rate of one-half seventy-five percent (75%) of the value of
the accumulated sick leave, providing the employee has worked a minimum of twelve
(12) months.

      AGREED*

Add 18.7 to read as follows: Employees may cash out any unused vacation time
at 100%. The funds may be taken as cash or in contributions to an eligible HCSP
or deferred compensation plan. The Union accepts.


Amend 19.8(f) to read as follows: The employer may require verification of sick
leave taken in excess of three (3) days twenty-four (24) consecutive hours. This
will not preclude the employer from requesting verification of illness of less
than three (3) days twenty-four (24) consecutive hours if the employee has
shown a pattern which would indicate misuse of sick leave. The Union accepts.


      7.   Section 20-Holiday Pay, Article 1
      The Employer will recognize the following paid holidays:

      New Year's Day (January 1)         Labor Day           Good Friday
      Veteran's Day                      Easter              Thanksgiving Day
      Memorial Day                       Christmas Day (December 25)
      Independence Day            Martin Luther King Day            Christmas Eve
      New Years Eve
City counters with adding Martin Luther King Jr Day only. The Union Accepts
The City counters with adding MLK Day, deleting Good Friday and adding 12
hours to floating holiday time. Union accepts.


8. Section 43-Duration and Renewal
        This Agreement shall be binding upon the parties hereto, their successors and
assigns. The Agreement shall commence as of the first day of January, 2014 2017
and terminate as of the 31st day of December, 2016 2021. It shall be automatically
renewed from year to year thereafter, unless either party shall notify the other in writing
at least ninety (90) days prior to the expiration date that it desires to modify this
Agreement. In the event that such notice is given, negotiations shall begin no later than
sixty (60) days prior to the anniversary date.

CITY COUNTERS WITH 5 YEAR CONTRACT. The Union accepts.

We counter the Union’s proposed changes to Appendix A with the attached
proposed Appendix A, which shows a 5% initial increase for all employees with
10 years or less seniority, a 7.5% initial increase for employees with 11-20 years
of service, and a 10% initial increase for employees with 21 or more years of
service. In years 2-4, the proposed Appendix A shows a 1% raise each year for all
levels. In year 5, the proposed Appendix A shows a 3% raise for all levels. The
proposed Appendix A also allows for a 1% increase above scale for active
neighborhood officers and a 1.5% increase above current scale for all active
detectives. The City’s proposed Appendix A is contingent on the following
changes to the defined benefit pension system: The Union counters with pay
increase of 5%, 4%, 3%, 2.5%, 2.5%. The City counters with wage increases of 5%,
2%, 2%, 2.5%, 3%. The Union accepts. WAGE INCREASES TO BE 5%, 2%, 3%,
3%, 3%


Section 34-Defined Benefit Retirement Plan, Article 3-Contribution Rate.
Employees shall contribute six and one-half percent (6.5%) of compensation as defined by
MERS. Effective January 1, 2018, Employees shall contribute five and one-half percent (4.0%)
of compensation as defined by MERS. Effective January 1, 2019, Employees shall contribute
four and one-half percent (3.0%) as defined my MERS. Effective January 1, 2020, Employees
shall contribute four percent (4%) of compensation as defined by MERS.

Section 34.4: RETIREMENT BENEFIT: Effective January 1, 2017, the pension
multiplier shall be bridged to 2.50% of final average compensation (MERS FAC-3),
not to exceed 80% of an employee’s final average compensation. The Union
counters with 2.67% The City accepts. THE BRIDGE SHALL REQUIRE A FROZEN
FAC FOR YEARS OF SERVICE ACRUED PRIOR TO JANUARY 1, 2017.
Section 35-Defined Contribution Retirement Plan, Article 2-Contributions.
Members in this plan shall contribute six (6%) percent of compensation. The City shall
contribute ten and one-half (10.5%) percent of compensation. Effective January 1, 2018, the
City shall contribute eleven and one-half percent (11.5%) of compensation. Effective January 1,
2019, the City shall contribute twelve and one-half percent (12.5%) of compensation. Effective
January 1, 2020, The City shall contribute thirteen percent (13%) of compensation.
Compensation shall be Medicare taxable wages as reported on the employee’s W-2.




Work on changes to Appendix E – uniforms. Shrinking the list to include
essential items only. The Union accepts as presented
Delete Appendix E, replace Section 22.2 with; The Police Department shall supply
authorized uniforms (all seasons), accessories, equipment (excluding firearm), long
gun(s) and foot wear at the Department’s expense. The Police Department will
implement a police with a detailed list of items that will be issued/supplied/maintained to
sworn police officers during employment. Officers may request specialized uniforms,
gear, equipment not provided by the Department, if authorized by the Director of Public
Safety, the items may be purchased by the employee.

Accept the union proposal regarding vacation selection provisions to match
current practices of selecting vacations prior to selecting shifts (November).
However, we would like to limit the time employees can take to select their
vacation. We would like to streamline the process to one week. The Union
accepts.


Amend the part time employee use/assignment policy to provide more flexibility.
The Union rejects the City’s last offer and counters with adding “Safebuilt” to the
current language (Section 38-Part-time Officers Article 3). CITY WITHDRAWN
6/7/17.
               Commission Meeting Date: September 26, 2017




Date:         September 21, 2017
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Request to order Phase II Environment Assessment at 920
              and 1000 W Western


SUMMARY OF REQUEST:

The City has a purchase agreement with Smith Equities for a residential development at
these parcels. Known environmental concerns exist and a Phase II environmental
assessment will be necessary to move the project forward. Certain contaminants have
been identified and data has demonstrated that the soil is contaminated from historic fill
materials. The assessment will give the purchaser a better understanding of the
limitations and costs related to the environmental conditions on the property. The City
has a contract with Envirologic for the United States Environmental Protection Agency’s
Brownfield Site Assessment Grant; however, this parcel is not eligible for grant funding.
Envirologic has quoted the project at $24,500.

The FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

$24,500 from the Public Improvement fund.

STAFF RECOMMENDATION:

To approve the request to conduct the Phase II Environmental Assessment with
Envirologic.
September 15, 2017

Mr. Mike Franzak
Mr. Frank Peterson
City of Muskegon
933 Terrace
Muskegon, Michigan 49443

Mr. John VanFossen
Smith Development Company
108 South University, Suite 6
Mt. Pleasant, Michigan 48858

Re:       1000 W. Western Marina, Smith Equities, Muskegon—Proposal for Phase II Environmental Site
          Assessment

Dear Gentlemen:

Pursuant to our previous discussions, Envirologic Technologies (Envirologic) has been requested to
prepare a scope of work and cost estimate for an environmental assessment of property to support
the development of a new residential development (1000 W. Western Marina) adjacent to Hartshorn
Marina. The Preliminary Site Plan Layout shows the proposed development to consist of a row of
residential units placed across three different parcels of property:

         A portion of Hartshorn Marina, 920 W. Western, owned by the City of Muskegon
         A vacant lot located at 1000 W. Western, owned by the City of Muskegon and formerly part of
          the Shaw-Walker complex
         A portion of Fricano Place, 1050 W. Western, owned by Hartshorn Holdings, LLC

The proposed investigation is only for the two parcels of land owned by the City of Muskegon.

Known environmental concerns exist at both parcels of land: Hartshorn Marina had a petroleum
release from an underground storage tank that has been addressed, and the vacant land at 1000 W.
Western remains subject to a Remedial Action Plan and a Restrictive Covenant. In addition, the parcels
are subject to an area-wide land use restriction that prohibits the use of groundwater as a drinking
water source. The most notable environmental issues potentially affecting the development include
the following:

      1. Previous environmental investigations identified chlorinated solvents in groundwater at the
         1000 W. Western parcel. If these contaminants remain on site, they pose a threat to future
         development through the vapor intrusion pathway.
      2. Soils will be disturbed for new construction, and it would be appropriate to characterize
         shallow soil (i.e., < 5 feet deep) to determine the nature of soil that will be encountered and
         removed during redevelopment.
      3. Ensuring the proposed development at 1000 W. Western can “fit” with the existing Remedial
         Action Plan and restrictive covenant.
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 2 of 4

To investigate soil and groundwater conditions in the areas where specific development activities are
proposed, Envirologic proposes to complete the following activities. Envirologic will place a series of
soil borings within the footprint of the proposed residential structures and a few select additional
locations. Two soil borings will be placed on the current Hartshorn Marina parcel and seven soil
borings on the 1000 W. Western parcel. At each location, a surface soil sample (6 inches below grade)
and a shallow soil sample (between 0-4 feet) will be collected for laboratory analysis of metals and
polynuclear aromatic hydrocarbons (PNAs). Soil samples will also be collected and analyzed for volatile
organic compounds (VOCs) if field screening indicates the potential for such compounds (e.g., staining,
odors, or PID readings). A groundwater sample will also be collected from each location for analysis
of VOCs.

Soil borings will be installed using a Geoprobe® direct push unit. A temporary groundwater monitoring
well will be constructed at each soil boring with 1-inch diameter PVC. Groundwater is expected to be
encountered at approximately 15 feet below ground level. Groundwater samples will be collected
using a lift pump. Wells will be purged, and water quality parameters (e.g., pH, conductivity, dissolved
oxygen, oxidation-reduction potential, and turbidity) will be monitored during purging activities for up
to 30 minutes. A groundwater sample will be collected once water quality indicators have stabilized,
as detailed in MDEQ’s low flow sampling guidance, or after 30 minutes of purging, whichever occurs
sooner. On site field work is expected to require up to four days to complete. The attached figure
illustrates the approximate locations of the proposed soil borings.

Soil and groundwater samples will be submitted to Trace Analytical of Muskegon for laboratory
analyses. Upon receipt of the analytical data, Envirologic will prepare a comprehensive project report.
The report will include conclusions and recommendations pertinent to relevant human exposure
pathways, including vapor intrusion risks and soil direct contact in particular. If appropriate, the data
will also be utilized to support development of a Baseline Environmental Assessment and Due Care
documentation.

Envirologic proposes to complete project activities on a time and materials basis. An estimate of the
projected cost is provided below and on the following page.

Phase II ESA
        Health and Safety, Sampling Plan, Utility Clearance ................................................. $                              1,000
        Field Geologist (4 days) ............................................................................................. $             5,000
        Geoprobe (2 days) ..................................................................................................... $            3,000
        Laboratory Services ................................................................................................... $            5,500
        Equipment and Supplies ............................................................................................ $                2,500
        Report ........................................................................................................................ $    2,500
        Subtotal ............................................................................................................ $             19,500
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 3 of 4

Baseline Environmental Assessment, Due Care (If Appropriate)
          BEA, Due Care ............................................................................................................ $    5,000
          Subtotal ............................................................................................................ $         5,000

          ESTIMATED PROJECT COSTS .............................................................................. $                       24,500


It is reasonably expected that the project can be completed within six weeks of receiving authorization
to proceed. In addition, a verbal report will be provided following receipt of laboratory data.

If you desire to have Envirologic conduct the aforementioned services, please sign and date one copy
of the authorization page and return it to our office. A signed copy of the authorization page will serve
as our authorization to proceed. This proposal is subject to the attached terms and conditions.

If you have any questions, comments, or require additional information, please contact our office at
(269) 342-1100.

Sincerely,

ENVIROLOGIC TECHNOLOGIES, INC.




David A. Stegink
Associate Vice President

DAS:sns




H:\Projects\Projects_C\City of Muskegon\1000 W Western\Phase II ESA\September 12.docx
Mr. Mike Franzak
Mr. Frank Peterson
Mr. John VanFossen
September 15, 2017
Page 4 of 4

AUTHORIZATION
To authorize this project, please e-mail, fax, or mail a signed copy of this signature page to our office.

Re:     1000 W. Western Marina, Smith Equities, Muskegon—Proposal for Phase II Environmental Site
        Assessment


Authorized Representative:

______________________________                                    ______________________________
Signature                                                         Date


______________________________                                    ______________________________
Title                                                             Purchase Order No. (if applicable)




H:\Projects\Projects_C\City of Muskegon\1000 W Western\Phase II ESA\September 12.docx
                                                                                                                                                   LEGEND

                                                                                                                                                    PROPOSED SOIL AND GROUNDWATER SAMPLES



                                             MUSKEGON LAKE




                          FRICANO PLACE
                              PARCEL




                                                                                                                    .
                                                                                                                   E
                                                                                                                  V
                                                                                                                 A
                                                                                                             N
                                                                                                            R
                                          1000 W. WESTERN                                                 TE                                           SCALE 1" = 150'
                                                                                                         S
                                               PARCEL                                                   E                             0       50     100     150                     300
                                                                                                    W
                                                                                                T
                                                                                               S
                                                                                              E
                                                                                          W
                                                              HARTSHORN                                                 NOTE:
                                                                                                                        THIS IS NOT A PROPERTY BOUNDARY SURVEY, PROPERTY BOUNDARIES SHOWN ON THIS MAP
                                                             MARINA PARCEL
                                                                                                                        ARE BASED ON AVAILABLE FURNISHED INFORMATION AND ARE APPROXIMATE ONLY AND
                                                                                                                        SHOULD NOT BE USED TO ESTABLISH PROPERTY BOUNDARY LOCATION IN THE FIELD.




                                                                                                                                   VACANT PROPERTY
                                                                                                                                              1000 WEST WESTERN AVE.
                                                                                                                                                 MUSKEGON, MI 49441




                                                                             DI SI
                                                                              VI ON ST.
                                                                                                                           PROPOSED SOIL AND
                                                                                                                         GROUNDWATER SAMPLES

                                                                                                                                                                                           PROJECT NO.


                                                                                                                                                                                           170175
0 0 0 AAAAAA Fi : o e :
              l M d l




                                                                                                                                                                                           FIGURE No.
               e




                                                                                                                             environmental consulting
                                                                                                                             2960 INTERSTATE PARKWAY
                                                                                                                                                                      services
                                                                                                                                                                                             1
 0 0 0




                                                                                                                             KALAMAZOO, MICHIGAN 49048
                                                                                                                             PH: (269) 342-1100 FAX: (269) 342-4945
                                                   PROFESSIONAL SERVICES
                                                     Terms and Conditions

       The services to be rendered by Envirologic Technologies, Inc. (Envirologic) or its divisions in the attached
proposal are expressly contingent upon the Client's acceptance of these Terms and Conditions. Any additional or conflicting
Terms and Conditions of the Client are hereby expressly objected to and rejected by Envirologic.

         1.     Payment. Envirologic shall invoice Client on a monthly basis for services incurred the previous month.
Invoices are due and payable within 30 days of receipt. A service charge of 1.5 percent will be added to all outstanding
balances each month they are past due. Envirologic reserves the right, upon 30 days written notice to client, to modify the
attached Schedule of Fees. If payment of Envirologic invoices is not maintained on a 30-day current basis, Envirologic may,
upon seven (7) days written notice to Client, suspend further performance and withhold any and all data from Client until such
invoice payments are restored to a current basis without incurring any liability whatsoever to client.

        Client shall be responsible for and pay Envirologic at 1 1/2 times their prevailing rates for any time spent by its
personnel in connection with any legal proceedings arising from or relating to services provided under this Agreement,
regardless of whether Envirologic is subpoenaed to appear by Client or a third party.

        Nothing in this Agreement shall preclude Envirologic from filing a construction lien against Client's property in order to
secure the payment provided for in this Agreement.

          2.      Additional Work. Envirologic agrees to modify the work proposal as authorized in writing by the Client. Client
agrees to pay Envirologic for any increases in the cost of performing the additional work. Unless otherwise agreed to in
writing, the cost of the modifications shall be determined on a time and material basis in accordance with the attached rate
schedule.

         Costs and schedule commitments shall be subject to renegotiation for delays in performance caused by
circumstances beyond the reasonable control of Envirologic including, but not limited to: Acts of God; fire; flood; explosion;
war, action, inaction or request of governmental authority; injunction; adverse weather conditions; accident; labor trouble or
shortage; inability to obtain material, equipment, fuel or transportation. No liability shall result to either party from the delay in
performance caused by the circumstances described above except for the obligation of the Client to pay Envirologic for (i)
work performed, and (ii) additional labor, equipment and other costs associated with Envirologic's maintenance of its work
force and equipment available during the interruptions. Should any of the circumstance described above occur causing delay,
both parties shall use their best efforts to overcome the difficulties arising and to resume as soon as reasonably possible the
work under this Agreement.

        Whenever Envirologic is of the opinion that the timely completion of its responsibilities pursuant to this Agreement has
been or will be adversely affected by events which are beyond its control, it shall, as soon as practicable orally notify the Client
and within ten (10) calendar days thereafter notify the Client in writing, stating the anticipated length of the delay, the cause of
the delay, measures proposed or taken to prevent or minimize the delay, and the timetable for implementation of these
measures.

        3.      Site Security and Safety. Envirologic attempts to conduct its field activities in such a manner as to protect
themselves and others from injury. If the Client is aware of special precautions to insure safety, the Client should immediately
advise Envirologic. The Client grants to Envirologic, its agents and employees, during the term of this Agreement, reasonable
access to the subject premises for the purposes of fulfilling Envirologic's obligations under this Agreement. Envirologic shall
comply with any reasonable safety procedures delivered by the Client to Envirologic in writing.

         It is hereby further agreed and understood that while Envirologic is on the premises of the Client, Envirologic, its
employees and representatives will not unreasonably interfere with the business activities being performed by the Client on or
about the premises without the Client's permission. It is further agreed and understood that the employees and representative
of the Client will act to reasonably facilitate Envirologic's performance of its obligations under this Agreement.

          4.      Utilities. Client shall be responsible for disconnecting electrical lines, and staking utilities, both private and
public, if necessary and assume all responsibility for damage during and after execution of Envirologic's services. In no event
shall Envirologic be responsible for additional costs resulting from unknown property conditions.




(Revised 5/02)                                                    1
          It shall be the responsibility of Client or its duly authorized representative to disclose the presence and accurate
location of all hidden or obscure manmade objects relative to field tests or installations. If Envirologic is cautioned, advised or
given data in writing that reveal the presence or potential presence of underground or overground obstructions, Envirologic will
give special instructions to its field personnel and subcontractors, however, all additional costs caused by the existence of the
obstruction(s) shall be paid by Client on a time and material basis. As evidenced by acceptance of this proposal, the Client
agrees to indemnify and save harmless Envirologic and subcontractors from all claims, suits, losses, personal injuries, death
and property liability, resulting from unusual subsurface conditions or damages to subsurface structures, owned by the Client
or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to
Envirologic in writing, and to reimburse Envirologic for expenses in connection with any such claims or suits, including
reasonable attorneys' fees.

        5.      Property Access. Client shall arrange and provide such access to the site as is necessary for Envirologic to
perform their services. Client shall be solely responsible for all aspects of site security and for obtaining any necessary
permission from any third party property owners for use of their lands.

        Client hereby agrees to indemnify, defend and hold Envirologic harmless from any damages to Client's or third party's
property, except that caused by the gross negligence of Envirologic or its agents. Client acknowledges that certain damage
may be caused by Envirologic vehicles and equipment being on site and will hold Envirologic harmless for said damages.

         6.       Performance of Services. Envirologic shall exercise due care in performing its services hereunder and shall
render them in accordance with prevailing professional standards and ethics as measured on the date hereof and in the locale
of this project in performing services for Client. If Envirologic believes that compliance with Client's requests could violate
professional standards, ethics, laws or regulations, Envirologic shall advise Client and a mutually satisfactory solution shall be
discussed. If the parties are unable to reach a satisfactory solution, either party may terminate this agreement as stated
herein.

      7.    Limitation on Warranty. ENVIROLOGIC DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM
SAMPLING OR ANALYTICAL ACTIVITIES. CLIENT IS LIABLE FOR LOSS AND/OR DAMAGES TO THE SURFACE OR
SUBSURFACE CAUSED BY SAMPLING OR DRILLING ACTIVITIES OR FOR DAMAGE TO WELLS AS A RESULT OF
TRESPASS OR FROM OPERATION SERVICES, INCLUDING BUT NOT LIMITED TO CONTAMINATION OR LOSS OF
EQUIPMENT IN WELL, UNLESS SUCH LOSS RESULTS FROM ENVIROLOGIC'S NEGLIGENCE OR WILLFUL
MISCONDUCT.

       CLIENT ACKNOWLEDGES THAT STATEMENTS IN REPORTS ARE DEEMED TO BE OPINIONS BASED ON
PROFESSIONAL JUDGMENT AND THAT ENGINEERING, ENVIRONMENTAL, GEOLOGIC, HYDROGEOLOGIC AND
GEOTECHNICAL CONDITIONS FREQUENTLY VARY FROM THOSE ENCOUNTERED AT THE TIMES AND
LOCATIONS WHERE DATA ARE OBTAINED BY ENVIROLOGIC. THEREFORE, LIMITED DATA MAY RESULT IN
UNCERTAINTY WITH RESPECT TO INTERPRETATION OF THESE CONDITIONS, DESPITE THE USE OF
PROFESSIONAL CARE, AND THAT GOVERNMENTAL REGULATIONS RELATING TO HAZARDOUS SUBSTANCE(S)
MAY CHANGE OR THEY MAY REQUIRE RESULTS WHICH CANNOT BE ACCOMPLISHED OR ADDITIONAL
ACTIVITIES BE CONDUCTED.

        8.      UST Site Closure. Pursuant to Part 213 of NREPA, 1994 PA 451, as amended, if Envirologic shall submit a
Release Closure Report to the Michigan Department of Environmental Quality upon confirmation that cleanup standards have
been met, said report shall relate to only contaminants identified in the area(s) associated with the reported release set forth in
the scope of services and shall only be released when, in Envirologic's best scientific judgment, all applicable cleanup criteria
have been met.

         9.       Disposal of Contaminated/Hazardous Wastes. Any hazardous or toxic wastes, pollutants, contaminants or
other waste materials encountered by or associated with services provided by Envirologic on this project shall at no time be or
become the property of Envirologic. Arrangements for the treatment, storage, transport or disposal of any waste materials,
which may be made by Envirologic, shall be construed as being made solely and exclusively on Client's behalf and Client shall
indemnify, defend and hold Envirologic harmless from and against any and all liability which arises out of the treatment,
storage, transport or disposal of any waste materials. It is agreed and understood that any manifests or other forms required
for the disposal of hazardous waste will be properly completed and signed by the Client or a duly authorized representative.

       10.      Subcontractors. Envirologic may, in its own discretion, hire subcontractors on behalf of Client to perform
any such portion of the services hereunder. If Client selects its own subcontractor(s), Envirologic shall not be responsible for,
(Revised 5/02)

                                                                -2-
or in any manner guarantee, the performance of such subcontractor(s) or their agents or employees, nor shall Envirologic be
liable for any negligent acts, errors or omissions of said subcontractor.

          Estimated subcontractor costs will depend upon their actual current prices. Any increased prices will be passed on to
Client.

        11.     Term of Agreement. Envirologic agrees to proceed with implementation of the proposal on a timely basis.
However, due to its unknown site conditions and delays in state processing, no definite time period can be established for
completion of services.

        12.       Confidentiality and Use of Documents. Envirologic shall retain, as confidential, all information and data
furnished to it by Client and/or others which is designated as confidential. Said information shall not be disclosed to any third
party except as directed by Client or as required by law or regulation.

         Provided that Envirologic has been fully paid for its services, Client shall have the right to copies of all documents,
maps, photographs, drawings and reports resulting from services hereunder for purposes reasonably contemplated by the
parties. Any work product generated by Envirologic shall remain in its possession.

         Reuse of any material described above by Client on extensions of a project or on any other project or by a third party
without Envirologic's written consent shall be at Client's or third party's risk and Client agrees to indemnify, defend and hold
Envirologic, its employees, agents and subcontractors, harmless from all claims, damages and expenses, including attorney
fees, arising out of such use.

         13.       Information Provided by Client or Others. Envirologic shall indicate to Client the information needed for
rendering the Services described in each Work Order. Envirologic shall review existing information provided by others and
shall give Client its opinion as to the risks associated with reliance on such information. To the extent that Envirologic is
required to rely solely upon existing information, without the opportunity for Envirologic to appropriately validate the accuracy
and reliability of such information, Client agrees to waive any claim against Envirologic and to indemnify and hold harmless
Envirologic from and against any and all claims, damages, losses, liability, and expenses, including attorney's fees, which may
arise from errors, omissions or inaccuracies in existing information provided to Envirologic by Client or others.

       14.       Rights of Third Parties. This Agreement shall not create any rights or benefits to parties other than Client
and Envirologic.

          15.    Indemnification of Client by Envirologic. Except as otherwise provided herein, Envirologic agrees to
indemnify, defend and hold harmless client from all claims, losses, liabilities, damages and expenses, including attorney's fees
which may occur as the result of any claims or damages sustained by person or property, arising out of the sole negligence or
willful misconduct of Envirologic in the performance of its work.

          16.      Indemnification of Envirologic by Client. Client shall indemnify, defend and hold Envirologic, its agents
and employees, harmless against all liability, claims, demands, losses, damages, expenses and costs, including attorney fees
that Envirologic may incur by reason of any injury or damage to person or property arising out of the performance of the work,
alleged or actual contaminant migration as a result of the work or any prior work performed at the site and for all matters
relating to this Agreement except for acts caused by the sole negligent performance of Envirologic under this Agreement.




(Revised 5/02)

                                                               -3-
        17.      Insurance. Upon request, Envirologic shall furnish copies of insurance certificates evidencing that it
maintains, at a minimum, the following coverage:

                 Type                                                       Limits

                 Worker's Compensation                                      Statutory
                 Employers’ Liability                                       $1,000,000/$1,000,000/$1,000,000
                 General Liability                                          $5,000,000 occurrence
                                                                            $5,000,000 aggregate
                 Personal & Adv. Injury                                     $5,000,000
                 Products – COMP/OP AGG                                     $5,000,000
                 Umbrella                                                   $2,000,000 each claim
                                                                            $2,000,000 aggregate
                 Contractor Pollution                                       $5,000,000 total all claims
                 Automotive Liability                                       $1,000,000 combined single limit (ea. accident)

          With respect to only such loss, damage, injury, or liability as is covered under the policies of insurance and policy
limits identified above, Envirologic agrees to save Client harmless from and against loss, damage, injury, or liability arising
directly from the negligent acts or omissions of Envirologic employees, agents, and subcontractors, and their employees and
agents. If Client requires higher insurance limits, additional coverage, or performance or payment bonding, Envirologic will
endeavor to obtain such coverage, at Client's expense. It is the understanding and agreement of the parties, however, that
Envirologic is unable to save Client harmless from and against any loss, damage, injury, or liability arising from any cause,
beyond the amount and coverage listed in this section. In addition, Envirologic shall be included as an additional and intended
beneficiary under any hold harmless agreements against third-party suits between Client and owner or any other third party,
including without limitation any other contractor, subcontractor, or supplier who may perform "Services" or provide material in
connection with any study or report or design prepared by Envirologic.

        In no event shall Envirologic be responsible for any incidental, indirect, special, punitive, impact, consequential
damages (including but not limited to loss of profits) or cost of defense incurred by Client or any third party, except as
otherwise provided herein.

        All claims, including claims for indemnification, whether based upon contract, tort, breach of warranty, professional
negligence, or otherwise, shall be deemed waived unless the claim is made within the time required under insurance
coverage provided, by Envirologic. Non-insured claims must be made within one (1) year after completion of that work or
event giving rise to the claim.

          18.     Compliance With Laws. The Client shall be responsible for notifying all appropriate Federal, State,
municipal or other governmental agencies of the existence of any hazardous, toxic or dangerous materials located on or in the
site, or discovered during the performance of this Agreement.

       19.     Equal Employment. Envirologic is an Equal Opportunity Employer and shall not discriminate against any
employee or applicant for employment based on race, color, religion, sex or national origin.

      20.      Waiver. No waiver, discharge or renunciation of any claim or right of Envirologic arising out of breach of this
Agreement by Client shall be effective unless in writing, signed by Envirologic.

        21.      Termination. Either party may terminate this Agreement without cause upon seven (7) days written notice to
the other party. In the event of termination, Client shall pay Envirologic for all costs incurred to date plus reasonable costs
associated with termination of the work.

        22.     Complete Agreement. These terms and conditions together with the proposal to perform work and rate
schedule constitute the complete and entire agreement between the parties. Any modification thereto must be in writing
signed by both parties.

         23.     Governing Law. This proposal and its terms and conditions shall be interpreted under and governed by the
laws of the State of Michigan.



(Revised 4/11)                                                        H:\PWdata Archive\ETI\Terms-Conditions_Rates\TERMCON_ETI.doc

                                                              -4-
COMMISSION MEETING DATE: September 26th, 2017




Date:         September 25th, 2017

To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:           Desk top computer work stations - Police Department

_______________________________________________________

SUMMARY OF REQUEST:

The Director of Public Safety requests that the Commission authorize the amount of
$24,570.00 for thirty nine (39) desk top computers (CPU) for the police department ($630.00
ea.)   These upgraded/enhanced CPU’s, will replace the current computers that are
approximately seven (7) years old, which cannot be serviced, and no longer meet the
standards of the software required to operate within the police department.

The new machines are configured with the latest storage technology (solid state drive) built
for speed. They have the memory to handle multi-tasking; they also will run the latest
Windows 10 operating system from Microsoft.

Dell is the chosen supplier as the City is enlisted in a state and local government contract
with Dell computers. The machines in this proposal come heavily discounted due to the
relationship and purchase volume the City has with Dell. The City uses Dell at the server,
networking, storage and computer level (see attached price quote- 092517).


FINANCIAL IMPACT:

N/A – Budgeted

BUDGET ACTION REQUIRED:

Equipment was budgeted in the 2017/2018 (need to adjust 1st quarter budget report to
support the equipment price increase (5700 – Capital Outlays)

STAFF RECOMMENDATION:

Staff recommends approval of this equipment purchase to update & enhance essential desk
top computers for all bureau’s within the police department.
                                                                                                       Sales rep: Jeff Keyes | 3000017781258.1




                  A quote for your consideration!                                                                        Total: $24,570.00
                  Based on your business needs, we put the following quote together to help with
                  your purchase decision. Please review your quote details below, then contact
                  your sales rep when you're ready to place your order.


Quote number:                         Quote date:                      Quote expiration:              Deal ID:
3000017781258.1                       Sep. 25, 2017                    Oct. 25, 2017                  12875276


Company name:                         Customer number:                 Phone:
CITY OF MUSKEGON                      3923456                          (231) 724-3345

Sales rep information:                Billing Information:
Jeff Keyes                            CITY OF MUSKEGON
Jeff_Keyes@Dell.com                   933 TERRACE ST
(800) 456-3355                        MUSKEGON
Ext: 5139959                          MI 49440
                                      US
                                      (231) 724-3345




Pricing Summary

Item                                                                                   Qty                    Unit Price          Subtotal

OptiPlex 3050 SFF                                                                       39                       $630.00        $24,570.00

                                                                                                         Subtotal:              $24,570.00
                                                                                                         Shipping:                   $0.00
                                                                                               Environmental Fees:                   $0.00
                                                                                              Non-Taxable Amount:               $24,570.00
                                                                                                  Taxable Amount:                    $0.00
                                                                                                    Estimated Tax:                   $0.00

                                                                                                                   Total:       $24,570.00




Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for
details.




Page 1        © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
                                                                                                       Sales rep: Jeff Keyes | 3000017781258.1




Dear Customer,
Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire
certain changes please contact me as soon as possible.

Regards,
Jeff Keyes


Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order



Shipping Group 1
Shipping Contact:                Shipping phone:                       Shipping via:                         Shipping Address:
JASON BOES                       (616) 724-6737                        Standard Ground                       933 TERRACE ST
                                                                                                             MUSKEGON
                                                                                                             MI 49440-1348
                                                                                                             US


SKU               Description                                                                  Qty            Unit Price          Subtotal

                  OptiPlex 3050 SFF                                                             39               $630.00       $24,570.00

                  Estimated delivery date: Sep. 28 - Oct. 2, 2017
                  Contract No: 99AGZ
                  Customer Agreement No: MHEC-07012015

210-AKHP          OptiPlex 3050 Small Form Factor BTX                                           39                      -                 -

338-BKYY          Intel Core i5-7500 (QC/6MB/4T/3.4GHz/65W); supports                           39                      -                 -
                  Windows 10/Linux

619-AHKN          Win 10 Pro 64 English, French, Spanish                                        39                      -                 -

658-BCSB          Microsoft(R) Office 30 Days Trial                                             39                      -                 -

370-ADJU          8GB (1x8GB) 2400MHz DDR4 Memory                                               39                      -                 -

400-ANPQ          256GB 2.5inch SATA Class 20 Solid State Drive                                 39                      -                 -

401-AANH          2nd Hard Drive: not included                                                  39                      -                 -

490-BBFG          Intel Integrated Graphics, Dell OptiPlex                                      39                      -                 -

325-BBRJ          DVD+/-RW Bezel, Small Form Factor                                             39                      -                 -

429-AAJV          Tray load DVD Drive (Reads and Writes to DVD/CD)                              39                      -                 -

385-BBCR          No Media Card Reader                                                          39                      -                 -

555-BBFO          No Wireless                                                                   39                      -                 -

555-BBFO          No Wireless                                                                   39                      -                 -




Page 2        © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
                                                                                                    Sales rep: Jeff Keyes | 3000017781258.1




382-BBBZ       No Add On Card                                                                39                      -                 -

321-BCJW       OptiPlex 3050 SFF with 180W Standard Power Supply                             39                      -                 -
               (APFC)

580-ADJC       Dell KB216 Wired Multi-Media Keyboard English Black                           39                      -                 -

275-BBBW       Dell MS116 Wired Mouse, Black                                                 39                      -                 -

470-AAJL       NO ADAPTER                                                                    39                      -                 -

817-BBBC       Not selected in this configuration                                            39                      -                 -

525-BBCL       SupportAssist                                                                 39                      -                 -

640-BBLW       Dell(TM) Digital Delivery Cirrus Client                                       39                      -                 -

658-BBMR       Dell Client System Update (Updates latest Dell                                39                      -                 -
               Recommended BIOS, Drivers, Firmware and Apps)

658-BBRB       Waves Maxx Audio                                                              39                      -                 -

658-BBRB       Waves Maxx Audio                                                              39                      -                 -

658-BCUV       Dell Developed Recovery Environment                                           39                      -                 -

575-BBBI       No Integrated Stand option                                                    39                      -                 -

620-AALW       OS-Windows Media Not Included                                                 39                      -                 -

387-BBCG       No ESTAR                                                                      39                      -                 -

631-ABFE       No Out-of-Band Systems Management                                             39                      -                 -

461-AAEI       No Chassis Intrusion Switch                                                   39                      -                 -

575-BBGD       Bracket for 2.5 inch Hard Drive Disk, Small Form Factor,                      39                      -                 -
               OptiPlex

332-1286       US Order                                                                      39                      -                 -

340-ABJI       No Diagnostic/Recovery CD media                                               39                      -                 -

340-BKBT       PLCMT,DOC,3050,SFF,DAO                                                        39                      -                 -

551-BBBJ       No Intel Responsive                                                           39                      -                 -

340-AGIK       Safety/Environment and Regulatory Guide (English/French                       39                      -                 -
               Multi-language)

329-BBJL       TPM Enabled                                                                   39                      -                 -

389-BDQH       Retail POD                                                                    39                      -                 -

340-BKFK       Ship Material for Opti 5050 SFF                                               39                      -                 -

389-BBUU       Shipping Label for DAO                                                        39                      -                 -




Page 3     © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
                                                                                                    Sales rep: Jeff Keyes | 3000017781258.1




658-BBTV       CMS Essentials DVD no Media                                                   39                          -             -

389-BLSV       Intel Core i5 Processor Label                                                 39                          -             -

461-AABF       No CompuTrace                                                                 39                          -             -

450-AAOJ       System Power Cord (Philipine/TH/US)                                           39                          -             -

389-BRLH       MOD,LBL,REG,SFF,JSD2,3050,APFC                                                39                          -             -

800-BBIP       Desktop BTS/BTP Shipment                                                      39                          -             -

998-CHWW       Fixed Hardware Configuration                                                  39                          -             -

803-8583       Dell Limited Hardware Warranty Plus Service                                   39                          -             -

803-8590       Onsite Service After Remote Diagnosis 3 Years                                 39                          -             -


                                                                                                        Subtotal:             $24,570.00
                                                                                                        Shipping:                  $0.00
                                                                                              Environmental Fees:                  $0.00
                                                                                                   Estimated Tax:                  $0.00

                                                                                                                     Total:   $24,570.00




Page 4     © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
                                                                                                       Sales rep: Jeff Keyes | 3000017781258.1




Important Notes
Terms of Sale

Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and
governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy
from Dell at your request: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorp1/terms-of-sale), which include a
binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and
Warranty (for Consumer warranties ; for Commercial warranties).

If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will
apply (Consumer;Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use
of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of
the Dell-branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA)
and use of the Dell-branded system software is subject to the Dell End User License Agreement - Type S (
www.dell.com/SEULA).

If your purchase is for Mozy, in addition to the foregoing applicable terms, your use of the Mozy service is subject to the
terms and conditions located at https://mozy.com/about/legal/terms.

You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and
conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict
with, the f oregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed
by Dell that expressly references such terms.

Pricing, Taxes, and Additional Information

All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest
information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from
pricing or other errors. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including
your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax-exemption certificate
reflects the correct Dell entity name: Dell Marketing L.P.
Note: All tax quoted above is an estimate; final taxes will be listed on the invoice.

If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com.

For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell
encourages customers to dispose of electronic equipment properly.




Page 5        © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682.
COMMISSION MEETING DATE: September 26th, 2017




Date:         September 15th, 2017

To:           Honorable Mayor and City Commissioners

From:         Director of Public Safety Jeffrey Lewis

RE:           Unattended Running Vehicles

_______________________________________________________

SUMMARY OF REQUEST:

The Director of Public Safety requests that the City Commission review and authorize the
adoption of the Unattended Running Vehicle Ordinance. Note: City Ordinance - Chapter 92,
Article V will be included with this adoption. The Director also requests that all level 1-5
parking violations have extended time to pay parking penalties.

FINANCIAL IMPACT:

N/A

BUDGET ACTION REQUIRED:

N/A

STAFF RECOMMENDATION:

Staff recommends adoption of the Unattended Running Vehicle Ordinance and all level 1-5
parking violations have extended time to pay parking penalties.
                                  CITY OF MUSKEGON
                             MUSKEGON COUNTY, MICHIGAN
                                 ORDINANCE NO. _____



THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:


       1. Chapter 92, Article V is amended to add (LO14) which shall read as follows:

               (LO14) A person shall not allow a motor vehicle to stand on a highway or places
               open to the public unattended without engaging the parking brake or placing the
               vehicle in park, stopping the motor of the vehicle, and removing and taking
               possession of the ignition key. If the vehicle is standing upon a grade, the front
               wheels of the vehicle shall be turned to the curb or side of the highway. This
               section does not apply to a vehicle that is standing in a place and is equipped with
               a remote start feature, if the remote start feature is engaged.



This ordinance adopted:

       Ayes: __________________________________________________________________
       Nays: __________________________________________________________________


Adoption Date: ________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________




                                                              CITY OF MUSKEGON


                                                               By __________________________
                                                                    Ann Marie Meisch, MMC
                                                                    City Clerk




O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2017\092617\09B_PARKING ORDINANCE- UNATTENDED (A)
091917.DOCX
                                          CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordaniance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the _____ day of ______________, 2017, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted, and public notice was
given, pursuant to an in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.


DATED: ____________, 2017


                                                      _________________________________
                                                      Ann Marie Meisch, MMC
                                                      Clerk, City of Muskegon

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




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091917.DOCX
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION

TO: ALL PERSONS INTERESTED

      Please take notice that on _________________, 2017, the City Commission of the City
of Muskegon amended Chapter 92, Article V adding LO14.

Section 92-71(LO14) prohibits allowing an unattended motor vehicle on any street or other place
open to the public without first engaging the parking brake or stopping the engine, locking the
ignition, and removing or taking possession of the ignition key.

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

         This ordinance amendment is effective ten (10) days from the date of this publication.

                                                               CITY OF MUSKEGON

Published: _________________, 2017                             By: ______________________________
                                                                     Ann Marie Meisch, MMC, Its Clerk


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




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091917.DOCX
                                            City of Muskegon
                                        Muskegon County, Michigan
                                          Ordinance No. _____



    THE CITY OF MUSKEGON ORDAINS:

    Section 92-73, “Parking violations bureau; minimum parking fines,” of the Code of
    Ordinances, City of Muskegon, Michigan is hereby repealed and replaced by the
    following:

Sec. 92-73. Parking violations bureau; minimum parking fines.

   (1) Pursuant to the provisions of state law MCL 600.8395, there is hereby established
   within the city a parking violations bureau to accept pleas of responsible in motor
   vehicle parking violation cases and to collect and retain fines and costs as prescribed
   by ordinance.
   (2) Upon pleading responsible or being found responsible by a court, the fines for
   parking violations shall be as follows:

        (2.1) Level 1 parking violations.


   Code 92-71(1)             Offense

            LO1              Violation of angle parking/backed into space signs
            LO2              Too far from curb
            LO2              Parking facing traffic
            LO3              Loading zone, Passenger zone (bus/taxi cab zone)
             w               Parking overtime
             x               Meter Parking


        The penalties for level 1 parking violations are as follows:
   If paid within 14 days      If paid after 14 days     If paid after 21 days    After 30 days
                               but before 21 days        but before 30 days
   $10.00                      $20.00                    $30.00                   $60.00


        (2.2) Level 2 parking violations.

   Code § 92-
                   Offense
   71(1)

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   VIOLATION SCHEDULE (B) 091917.DOC
Code § 92-
                Offense
71(1)
      a         Parking on sidewalk
      b         Blocking driveways
      c         Within an intersection
      e         In a crosswalk
      f         Within 20 feet of a crosswalk or within 15 feet of property lines at intersection
                Too close to a flashing beacon, stop sign, yield sign, traffic control signal, or other
      g
                traffic sign
      h         In a safety zone
      i         Too close to railroad
      j         Too close to fire station entrance
      k         Parking: obstruct traffic
      m         Parking on a bridge or in a tunnel
      n         Posted prohibited parking; parking violation of any posted signs
      o         Parking within 500 feet of an accident
      p         Parking in front of a theater
      q         Blocking emergency exits
      r         Blocking fire escape
                Within 500 feet of a fire or fire apparatus (except volunteers and vehicles legally
      v
                parked before the fire)
     y          Obstruct mail delivery
     z          Alley parking
    LO4         Front and side yard parking
    LO7         Parking on terrace or parkway
    LO9         2a—6a parking prohibited
    LO10        Commercial vehicles
    LO11        Unattached trailers and semitrailers
    LO12        Display of “for sale” sign while parked on city street or terrace
                Other violations
    L014        Unattended Vehicles (Running)


     The penalties for level 2 parking violations are as follows:
If paid within 14 days     If paid after 14 days       If paid after 21 days       If paid after 30 days
                           but before 21 days          but before 30 days
$15.00                     $30.00                      $45.00                      $70.00



     (2.3) Level 3 parking violations.

Code §92-71(1)        Offense

           d          Too close to a fire hydrant
           l          Double parking
          LO6         Parking outside the lines


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Code §92-71(1)       Offense

         LO8         Parking in a public park after 11:00 p.m. and before 5:00 a.m.
         LO13        Prohibited off-road vehicular traffic
                     Other violations in any city parks


     The penalties for level 3 parking violations are as follows:
If paid within 14 days   If paid after 14 days      If paid after 21 days     After 30 days
                         but before 21 days         but before 30 days
$20.00                   $40.00                     $60.00                    $80.00




     (2.4) Level 4 parking violations.

Code §92-71(1)            Offense

           LO5            Parking within 50 feet of a public boat launch


     The penalties for level 4 parking violations are as follows:
If paid within 14 days   If paid after 14 days      If paid after 21 days     After 30 days
                         but before 21 days         but before 30 days
$55.00                   $65.00                     $75.00                    $85.00


     (2.5) Any other violation of the parking provisions which are not listed in the
     above schedules shall be considered level 2 parking violations and shall carry the
     penalties set forth above for level 2 violations, except that:

           a) Code § 92-71(1)(s)(t)(u). Spaces for disabled persons. Unlawful parking
           in a space reserved for persons with disabilities as defined in applicable state
           law shall carry a minimum of $105.00, which shall increase to $210.00 after
           the first 14 days after the violation, and $315.00 after 30 days; and
           b) Code § 92-71(1)(aa). Fire lane. Unlawful parking in a fire lane shall
           carry a minimum of $30.00, which shall increase to $60.00 after the first 14
           days, after 21-30 days the violation will be $90.00 and $120.00 after 30 days.

This ordinance adopted:

AYES:

NAYS:


O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2017\092617\09C_SECTION 92-73 PARKING
VIOLATION SCHEDULE (B) 091917.DOC
ABSENT:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
                                                       CITY OF MUSKEGON

                                                       By: _________________________
                                                       Ann Marie Meisch, MMC City Clerk




O:\CLERK\COMMON\WORD\AGENDA ITEMS FOR NEXT MEETING\2017\092617\09C_SECTION 92-73 PARKING
VIOLATION SCHEDULE (B) 091917.DOC
Date:         September 26, 2017
To:           Honorable Mayor and City Commissioners
From:         DPW-Engineering
RE:           Authorization to Staff to Submit a Transportation
              Alternative Program (TAP) Grant Application


SUMMARY OF REQUEST:
Authorize staff to submit a TAP grant application by adopting the attached resolution.



FINANCIAL IMPACT:
None



BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Adopt the attached resolution.



COMMITTEE RECOMMENDATION:
                          RESOLUTION__________

RESOLUTION AUTHORIZING CITY STAFF TO SUBMIT A GRANT APPLICATION
REQUESTING FUNDING TO THE STATE OF MICHIGAN UNDER THE TAP
(TRANSPORTATION ALTERNATIVE PROGRAM) PROGRAM TO COMPLETE
THE MUSKETAWA TRAIL CONNECTION.



Moved by_____________________________________and supported by




Commissioner___________________________that the following Resolution be
adopted:



Adopted this____________day of____________, 2017.

                                       BY

                                        Stephen J. Gawron, Mayor

                                       ATTEST

                                            Ann Meisch, City Clerk

                               CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on
____________, 2017. The meeting was properly held and noticed pursuant to
the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of
1976.
                                               CITY OF MUSKEGON

                                       By___________________________
                                            Ann Meisch, City Clerk
               Commission Meeting Date: September 26, 2017




Date:         September 21, 2017
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           BID Special Assessment – Resolution Approving District


SUMMARY OF REQUEST:

The Downtown Business Improvement District (BID) Board is requesting that the special
assessment district for downtown properties be expanded and renewed. The previous
BID district was approved for one year on two separate occasions. It is now proposed to
expand the district to include more parcels, modify the property classifications and rates
and to extend the approval for three years. The assessments will continue to go towards
various downtown expenditures, including sidewalk snow removal, spring/fall cleanup
and landscaping, events, directional signs and marketing/advertising. The BID
assessment includes both a “Class A” and a “Class B” district. Please note that on April
25, 2017, the BID Board voted to amend the BID Bylaws to define a “Class B” property
as “Properties located within the Downtown Muskegon Business Improvement District
which are currently used for, or zoned for industrial or manufacturing.” The word
“automotive” was removed from the definition, moving that category of property to “Class
A.” The BID Board also recommends to raise the amount per square footage on “Class
B” properties from $0.02/sf to $0.04/sf and to raise the cap from $750 to $2,000. The
cap on “Class A” properties was recommended to be raised from $3,000 to $4,000.

FINANCIAL IMPACT:

The City will contribute $25,000 per year towards Downtown Muskegon Now as an
administrative fee.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To approve the attached resolution approving the special assessment district and
authorize the Mayor and Clerk to sign. Also, to appoint two Commissioners to the Board
of Assessors.
                                      CITY OF MUSKEGON

                                     Resolution No. ________

  Resolution At First Hearing Creating Special Assessment District For Downtown Muskegon
  Business Improvement District (BID) Location and Description of Properties to be assessed:
                            See Exhibit A attached to this resolution

RECITALS:

   1. By resolution of the City Commission, a hearing has been held on September 26, 2017, at 5:30
      p.m. at the City Commission Chambers. Notice was given by mail and publication as required by
      law.

   2. That estimates of costs of the project, a feasibility report and valuation and benefit information are
      on file with the City and have been reviewed for this hearing.

   3. At the hearing held on September 26, 2017, there were ______________ objections by the owners
      of the property in the city registered at the hearing either in writing received before or at the hearing
      or by owners or agents present at the hearing, and the Commission has considered the advisability
      of proceeding with the project.

FINDINGS:

   1. The City Commission has examined the estimates of cost, including all assessable expenses, and
      determines them to be reasonable.

   2. The City Commission has considered the value of the property to be assessed and the value of the
      benefit to be received by each property to be assessed in the district for downtown improvements
      and services. The City Commission determines that the assessments of costs of the City project
      will enhance the value of the property to be assessed in an amount at least equivalent to the
      assessment and that the improvement thereby constitutes a benefit and remove a burden from the
      property associated with the services and improvements to the property.

THEREFORE, BE IT RESOLVED:

   1. The City Commission hereby declares a special assessment district to include all of the property
      included in Exhibit A.

   2. The City Commission determines to proceed with the special assessment.

   3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
      _____________________ and _____________________________ and the city Assessor who are
      hereby directed to prepare an assessment roll. Assessments shall be made upon a benefit basis.

   4. It is hereby determined that, based on the estimates of cost for services and improvements
      downtown, the City will levy a special assessment in the said district on “Class A” Properties, as
      defined in the BID Bylaws, for an annual assessment of $0.08/sf with no assessment to exceed
      $4,000 and “Class B” Properties, as defined in the BID Bylaws, for an annual assessment of
      $0.04/sf with no assessment to exceed $2,000 commencing with the Winter 2017 tax bill.
    5. Upon Submission of the special assessment roll, the City staff is hereby directed to notify all
       owners and persons interested in properties to be assessed of the hearing at which the City
       Commission will consider confirmation of the special assessment roll.


This resolution adopted.

Ayes__________________________________________________________________________


Nays __________________________________________________________________________


                                                           CITY OF MUSKEGON

                                                             By __________________________________
                                                                    Ann Marie Meisch, Clerk


                                                             By __________________________________
                                                                    Stephen J. Gawron, Mayor


                                            CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on September 26, 2017. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public acts of 1976.

                                                             CITY OF MUSKEGON

                                                             By _________________________________
                                                                    Ann Marie Meisch, Clerk
                                                                                   Attachment A - Location and Description of Properties to be Assessed

                                                                                                                                                                                                         %_of_Assessed     ass'mt based on
PARCEL NO.           PROPERTY ADDRESS        OWNER                                     NUMBER     STREET                     CITY            STATE   ZIP          SF_of_Lot             ASS'MT AMT         Properties          sq ftage      CLASS
24-138-000-0104-00   297 W CLAY AVE 104      JANSKI LLC                                           PO BOX 1225                MUSKEGON        MI      49443                    1261.26           100.90       0.035497718       0.002839817     A
24-204-000-0000-00   333 W WESTERN AVE       NEW TREND INVESTMENTS LLC                      8868 WATER ST                    MONTAGUE        MI      49437                    9280.54           742.44       0.261197530       0.020895802     A
24-205-174-0004-00   750 PINE ST             BOLEN DAVID L                                        PO BOX 113                 ROTHBURY        MI      49452-0113           19140.00             1531.20       0.538688559       0.043095085     A
24-205-174-0008-00   772 PINE ST             WITT LEE A TRUST                               1501 RUDDIMAN DR                 MUSKEGON        MI      49445                    4224.00           337.92       0.118882992       0.009510639     A
24-205-175-0001-00   111 W WESTERN AVE       J E REAL ESTATE CO LLC                          111 W WESTERN AVE               MUSKEGON        MI      49442                27142.00             2171.36       0.763902030       0.061112162     A
24-205-175-0006-00   121 W WESTERN AVE       FIRST GENERAL CREDIT UNION                      589 E ELLIS RD                  MUSKEGON        MI      49441                16005.00             1280.40       0.450455088       0.036036407     A
24-205-175-0010-00   790 TERRACE ST          DISSELKOEN JACK                                3315 REAL STREET                 HOUSTON         TX      77087                13719.00             1097.52       0.386116423       0.030889314     A
24-205-175-0015-00   806 TERRACE ST          RIEGLER PROPERTIES LLC                          808 TERRACE ST                  MUSKEGON        MI      49440-1123               3780.00           302.40       0.106386769       0.008510941     A
24-205-175-0016-00   820 TERRACE ST          CZM PROPERTIES LLC                              700 TERRACE POINT RD #400       MUSKEGON        MI      49440                11616.00              929.28       0.326928229       0.026154258     A
24-205-175-0018-00   118 W CLAY AVE          VERIZON INC                                     401 MERRITT 7                   NORWALK         CT      6851                 17424.00             1393.92       0.490392343       0.039231387     A
24-205-175-0020-00   98 W CLAY AVE           SEARER JAMES M                                  907 N SANDALWOOD CIR            MUSKEGON        MI      49441                    1881.00           150.48       0.052940083       0.004235207     A
24-205-175-0021-00   777 PINE ST             ELENBAAS HOLDINGS LLC                           777 PINE ST                     MUSKEGON        MI      49442                15576.00             1246.08       0.438381034       0.035070483     A
24-205-176-0001-00   860 TERRACE ST          FRONTIER COMMUNICATIONS                         407 MERRITT 7                   NORWALK         CT      6851                 82148.22             4000.00       2.312032719       0.184962618     A
24-205-176-0003-00   103 W CLAY AVE          NOORDYK WILLIAM TRUST                          2700 KENOWA NW                   GRAND RAPIDS    MI      49544                    5874.00           469.92       0.165321661       0.013225733     A
24-205-176-0005-00   121 W CLAY AVE          JILLIAN & JORDAN LLC                            675 RICHMOND NW                 GRAND RAPIDS    MI      49504                    4884.00           390.72       0.137458460       0.010996677     A
24-205-177-0005-00   794 PINE ST             COREPARK INVESTMENTS LLC                       1985 E LAKETON AVE               MUSKEGON        MI      49442                22235.00             1778.80       0.625796244       0.050063699     A
24-205-186-0006-00   830 PINE ST             GILL EASTER JONES                              1215 SPRING ST                   MUSKEGON        MI      49442-3553               1452.00           116.16       0.040866029       0.003269282     A
24-205-186-0007-00   840 PINE ST             GILL EASTER JONES                              1215 SPRING ST                   MUSKEGON        MI      49442-3553               2904.00           232.32       0.081732057       0.006538565     A
24-205-186-0009-00   860 PINE ST             E J E PROPERTIES LLC                          14126 GREEN ST                    GRAND HAVEN     MI      49417                16045.00             1283.60       0.451580874       0.036126470     A
24-205-187-0001-00   833 PINE ST             JERVISS-FETHKE INSURANCE AGENCY INC                71 W WEBSTER AVE             MUSKEGON        MI      49440                    3960.00           316.80       0.111452805       0.008916224     A
24-205-187-0003-00   839 PINE ST             GILL EASTER JONES                              1215 SPRING ST                   MUSKEGON        MI      49442-3553               3960.00           316.80       0.111452805       0.008916224     A
24-205-187-0005-00   845 PINE ST             GILL EASTER JONES                              1215 SPRING ST                   MUSKEGON        MI      49442-3553               3168.00           253.44       0.089162244       0.007132980     A
24-205-187-0006-00   849 PINE ST             GILL EASTER JONES                              1215 SPRING ST                   MUSKEGON        MI      49442-3553               2436.00           194.88       0.068560362       0.005484829     A
24-205-187-0007-00   71 W WEBSTER AVE        FETHKE KAREN J TRUST                           1201 MILLS AVE                   MUSKEGON        MI      49445                14700.00             1176.00       0.413726323       0.033098106     A
24-205-187-0016-00   908 TERRACE ST          AUTHORITY BASE VALUE                            888 TERRACE ST                  MUSKEGON        MI      49440                    1320.00           105.60       0.037150935       0.002972075     A
24-205-188-0004-00   928 TERRACE ST          BK MUSKEGON PROPERTIES LLC                     4220 EDISON LAKES PKWY           MISHAWAKA       IN      46545                46264.00             3701.12       1.302083986       0.104166719     A
24-205-188-0011-00   944 TERRACE ST          1ST ASSURED PROPERTIES INC                     2081 LETART AVE                  MUSKEGON        MI      49441                    4620.00           369.60       0.130028273       0.010402262     A
24-205-188-0012-00   952 TERRACE ST          SWIATEK TRUST                                  4778 RUSSELL RD                  MUSKEGON        MI      49445                13860.00             1108.80       0.390084818       0.031206785     A
24-205-188-0013-00   8 W WALTON AVE          8 W WALTON LLC                                     8 W WALTON AVE               MUSKEGON        MI      49440                    9240.00           739.20       0.260056546       0.020804524     A
24-205-189-0010-00   896 PINE ST             WILSON EUDORA B JR                             8812 62ND AVE                    COLLEGE PARK    MD      20740                    3480.00           278.40       0.097943374       0.007835470     A
24-205-313-0005-00   435/441 W WESTERN AVE   PH HOLDING LLC                                       PO BOX 388                 MUSKEGON        MI      49443                12904.00             1032.32       0.363178535       0.029054283     A
24-205-313-0006-00   451 W WESTERN AVE       COREPARK INVESTMENTS LLC                        111 W WESTERN AVE               MUSKEGON        MI      49442                    9240.00           739.20       0.260056546       0.020804524     A
24-205-314-0001-10   477 W WESTERN AVE       475 W WESTERN AVE LLC                          1887 HOLTON RD STE D-279         MUSKEGON        MI      49445                    1500.00           120.00       0.042216972       0.003377358     A
24-205-315-0001-00   521 W WESTERN AVE       BABBITT E C/P R TRUST                          4473 CHERRYWOOD CT               MUSKEGON        MI      49441                13860.00             1108.80       0.390084818       0.031206785     A
24-205-315-0003-00   545 W WESTERN AVE       HERITAGE MEMORIAL GARDEN                       4473 CHERRYWOOD COURT            MUSKEGON        MI      49441                13860.00             1108.80       0.390084818       0.031206785     A
24-205-315-0004-00   555 W WESTERN AVE       INGALLS REAL ESTATE ACQ. LLC                    555 W WESTERN AVE               MUSKEGON        MI      49440                11823.00              945.84       0.332754171       0.026620334     A
24-205-315-0005-00   561 W WESTERN AVE       MUSKEGON HERITAGE ASSOC                         561 W WESTERN AVE               MUSKEGON        MI      49440                    5487.00           438.96       0.154429682       0.012354375     A
24-205-315-0005-10   557 W WESTERN AVE       CBT ENTERPRISES LLC                            1003 W MAIN ST                   FREMONT         MI      49412                    1185.00            94.80       0.033351408       0.002668113     A
24-205-315-0006-00   563 W WESTERN AVE       3M INVESTMENTS LLC                              565 W WESTERN AVE STE B         MUSKEGON        MI      49440                    9235.00           738.80       0.259915822       0.020793266     A
24-205-316-0001-00   587 W WESTERN AVE       EBEE PROPERTIES LLC                            1685 68TH ST SE                  CALEDONIA       MI      49316                12320.00              985.60       0.346742061       0.027739365     A
24-205-316-0004-00   591 W WESTERN AVE       NORTH EAST BUSINESS ASSOC LLC                  5691 17 MILE RD                  CEDAR SPRINGS   MI      49319                    3360.00           268.80       0.094566017       0.007565281     A
24-205-316-0005-00   593 W WESTERN AVE       MUSKEGON LAKEVIEW CONDOS LLC                  15877 LAKE AVE                    GRAND HAVEN     MI      49417                10920.00              873.60       0.307339554       0.024587164     A
24-205-316-0007-00   605 W WESTERN AVE       WESTERN AVE LLC                                 605 W WESTERN AVE               MUSKEGON        MI      49440                    3354.00           268.32       0.094397149       0.007551772     A
24-205-316-0008-00   607 W WESTERN AVE       WESTERN AVE LLC                                 605 W WESTERN AVE               MUSKEGON        MI      49440                    4486.00           358.88       0.126256890       0.010100551     A
24-205-316-0009-10   609 W WESTERN AVE       EMP LLC                                       16149 BAIRD CT                    SPRING LAKE     MI      49456                    2744.00           219.52       0.077228914       0.006178313     A




                                                                                                                         1
                                                                                Attachment A - Location and Description of Properties to be Assessed

24-205-317-0007-00   1208 8TH ST          JACOBSEN MICHAEL H TRUST                         35 RESEARCH DR STE 300           ANN ARBOR      MI   48103         24222.00   1937.76   0.681719659   0.054537573   A
24-205-317-0009-10   600 W CLAY AVE       MILL STREET GROUP LLC                            35 RESEARCH DR STE 300           ANN ARBOR      MI   48103          2464.00    197.12   0.069348412   0.005547873   A
24-205-318-0001-10   683 W WESTERN AVE    GRAND TRUNK LLC                                1007 MOORINGS CT                   N MUSKEGON     MI   49445          2254.00    180.32   0.063438036   0.005075043   A
24-205-318-0003-00   1250 9TH ST          STRONG LEIGH JR/LINDA                          2084 MARYLAND                      MUSKEGON       MI   49441         21120.00   1689.60   0.594414961   0.047553197   A
24-205-321-0001-00   665 W CLAY AVE       WWG HOLDINGS LLC                                665 W CLAY AVE                    MUSKEGON       MI   49440         27720.00   2217.60   0.780169637   0.062413571   A
24-205-321-0004-00   699 W CLAY AVE       WWG HOLDINGS LLC                                665 W CLAY AVE                    MUSKEGON       MI   49441         27580.00   1782.40   0.776229386   0.062098351   A
24-205-321-0007-00   1288 9TH ST          RELIABLE TOWING INC                            1288 9TH ST                        MUSKEGON       MI   49441         41758.00   3340.64   1.175264203   0.094021136   A
24-205-321-0012-00   1237 8TH ST          WWG HOLDINGS LLC                                665 W CLAY AVE                    MUSKEGON       MI   49440         13400.00   1072.00   0.377138280   0.030171062   A
24-205-322-0002-00   611 W CLAY AVE       MOORE BRENDA M                                  611 W CLAY AVE                    MUSKEGON       MI   49440          9147.60    731.81   0.257455980   0.020596478   A
24-205-322-0003-00   623 W CLAY AVE       REAL EQUITIES LLC                               203 CUTLER ST                     SPRING LAKE    MI   49456         18388.00   1471.04   0.517523784   0.041401903   A
24-205-322-0005-00   639 W CLAY AVE       REAL EQUITIES LLC                               203 CUTLER ST                     SPRING LAKE    MI   49456         17424.00   1393.92   0.490392343   0.039231387   A
24-205-323-0006-00   585 W CLAY AVE       J & J CORNER PROPERTIES LLC                     585 W CLAY AVE                    MUSKEGON       MI   49440          5247.00    419.76   0.147674967   0.011813997   A
24-205-329-0001-00   885 JEFFERSON ST     HENNESSY HOLDING LLC                           1074 JEFFERSON ST                  MUSKEGON       MI   49440         17325.60   1386.05   0.487622910   0.039009833   A
24-205-330-0001-00   835 TERRACE ST       CIHAK CHARLES W/LINDA B                         835 TERRACE ST                    MUSKEGON       MI   49440          8392.00    671.36   0.236189884   0.018895191   A
24-205-330-0002-00   165 W CLAY AVE       165 CLAY LLC                                        PO BOX 809                    MUSKEGON       MI   49443          4997.00    399.76   0.140638805   0.011251104   A
24-205-330-0004-00   173 W CLAY AVE       DOOM INVESTMENTS LLC                           2034 LAKESHORE DR                  MUSKEGON       MI   49441          6864.00    549.12   0.193184862   0.015454789   A
24-205-330-0008-00   896 JEFFERSON ST     896 JEFFERSON LLC                                   PO BOX 809                    MUSKEGON       MI   49443          8976.00    718.08   0.252626359   0.020210109   A
24-205-330-0010-00   136 W WEBSTER AVE    136 WEBSTER LLC                                 648 MONROE AVE NW STE 101         GRAND RAPIDS   MI   49503         17424.00   1393.92   0.490392343   0.039231387   A
24-205-331-0001-00   122 W MUSKEGON AVE   SQUARE TWO DEVELOPMENT LLC                      950 28TH ST SE B-200              GRAND RAPIDS   MI   49508         42125.00   3370.00   1.185593288   0.094847463   A
24-205-331-0001-10   877 TERRACE ST       FIFTH THIRD BANK                                 38 FOUNTAIN SQ PLAZA MD 10ATA1   CINCINNATI     OH   45263         58695.00   4000.00   1.651950102   0.132156008   A
24-205-332-0008-00   935 JEFFERSON ST     HAIRITAGE PROPERTIES LLC                       1768 BAYVIEW DR                    MUSKEGON       MI   49441          4183.00    334.64   0.117729062   0.009418325   A
24-205-333-0001-00   221 W WEBSTER AVE    HUNTINGTON BANK                                     P O BOX 182334                COLUMBUS       OH   43218-2334    92696.00   4000.00   2.608896272   0.208711702   A
24-205-351-0005-00   275 W MUSKEGON AVE   SPIRIT SPE PORTFOLIO CA C-STORES LL            1410 COMMONWEALTH DR SUITE 202     WILMINGTON     NC   28403         17424.00   1393.92   0.490392343   0.039231387   A
24-205-351-0007-00   1100 3RD ST          VENTURE ONE MANAGEMENT LLC                     1100 3RD ST                        MUSKEGON       MI   49441          8712.00    696.96   0.245196172   0.019615694   A
24-205-365-0001-00   1144 3RD ST          MARTELL MANAGEMENT LLC                          210 HODENPYL RD SE                GRAND RAPIDS   MI   49506        117612.00   4000.00   3.310148317   0.264811865   A
24-205-367-0001-00   1115 3RD ST          PIONEER RESOURCES INC                           601 TERRACE ST #100               MUSKEGON       MI   49440          4356.00    348.48   0.122598086   0.009807847   A
24-205-367-0011-00   1141 3RD ST          AGUILAR LUIS                                   8726 S HUSTON                      CHICAGO        IL   60617          2352.00    188.16   0.066196212   0.005295697   A
24-205-367-0011-10   1147 3RD ST          1145 3RD STREET LLC                                 PO BOX 809                    MUSKEGON       MI   49443          6228.00    498.24   0.175284866   0.014022789   A
24-205-367-0012-00   1137 3RD ST          LEMKE DELORES J/LEMKE KIM A                    1137 3RD ST                        MUSKEGON       MI   49441          4536.00    362.88   0.127664122   0.010213130   A
24-205-367-0013-00   1133 3RD ST          NAP DEVELOPMENT LLC                             950 28TH ST SE B200               GRAND RAPIDS   MI   49508          4176.00    334.08   0.117532049   0.009402564   A
24-205-367-0014-00   1129 3RD ST          MJ PLACE LLC                                   3497 MACARTHUR RD                  MUSKEGON       MI   49442          1386.00    110.88   0.039008482   0.003120679   A
24-205-367-0015-00   1125 3RD ST          LINK BRAD D                                    1125 3RD ST                        MUSKEGON       MI   49441          5805.00    464.40   0.163379680   0.013070374   A
24-205-367-0016-00   1121 3RD ST          SQUARE TWO DEVELOPMENT                          950 28TH ST SE B200               GRAND RAPIDS   MI   49508          1584.00    126.72   0.044581122   0.003566490   A
24-205-379-0001-00   1157 3RD ST          S & R KADO LLC                                 2513 VISTA POINT CT NW             GRAND RAPIDS   MI   49534         17424.00   1393.92   0.490392343   0.039231387   A
24-205-379-0011-00   1185 3RD ST          INTNATL. AUTO GROUP LLC                        1185 3RD ST                        MUSKEGON       MI   49441         17820.00   1425.60   0.501537624   0.040123010   A
24-205-555-0001-00   100 W WESTERN AVE    THEBO JOYCE M REVOCBLE LIVING TRUST           45995 MEADOW CIRCLE E               MACOMB         MI   48044         16103.00   1288.24   0.453213263   0.036257061   A
24-205-556-0001-00   149 SHORELINE DR     HOT ROD HARLEY DAVIDSON                         149 SHORELINE DR                  MUSKEGON       MI   49440        296454.83   4000.00   8.343616778   0.667489342   A
24-205-562-0001-00   715 TERRACE ST       MOKA CORPORATION                                715 TERRACE ST                    MUSKEGON       MI   49440         93218.40   4000.00   2.623599036   0.209887923   A
24-205-563-0006-00   902 3RD ST           HUME PROPERTIES LLC                             900 3RD ST STE 302                MUSKEGON       MI   49440         56437.31   4000.00   1.588408213   0.127072657   A
24-205-563-0008-10   372 MORRIS AVE       MORRIS ST LLC                                   425 W WESTERN AVE SUITE 200       MUSKEGON       MI   49440        313632.00   4000.00   8.827062178   0.706164974   A
24-205-563-0008-11   340 MORRIS AVE       MUSKEGON GSA LLC                               6641 WEST BROAD ST STE 101         RICHMOND       VA   23230         47579.91   3806.39   1.339119809   0.107129585   A
24-205-566-0009-00   428 W WESTERN AVE    PARKLAND HUDSONVILLE LLC                         75 W WALTON AVE #A               MUSKEGON       MI   49440         11648.00    931.84   0.327828858   0.026226309   A
24-205-566-0013-00   442 W WESTERN AVE    G & Z PROPERTIES LLC                            442 W WESTERN AVE                 MUSKEGON       MI   49440          2741.20    219.30   0.077150109   0.006172009   A
24-205-566-0014-00   446 W WESTERN AVE    446 W WESTERN AVE LLC                           446 W WESTERN AVE                 MUSKEGON       MI   49440          4168.60    333.49   0.117323779   0.009385902   A
24-205-567-0001-10   450 W WESTERN AVE    450 W WESTERN LLC                              4880 RAMBLING CREEK DR             MUSKEGON       MI   49441          7858.22    628.66   0.221166834   0.017693347   A
24-205-567-0001-20   490 W WESTERN AVE    PORT CITY CIO BLDG                              490 W WESTERN AVE                 MUSKEGON       MI   49440          7195.14    575.61   0.202504681   0.016200374   A
24-205-567-0001-40   500 W WESTERN AVE    500 WEST WESTERN AVE LLC                            PO BOX 1051                   MATTHEWS       NC   28106          9448.16    755.85   0.265915136   0.021273211   A



                                                                                                                        2
                                                                        Attachment A - Location and Description of Properties to be Assessed

24-205-567-0001-50   955 3RD ST           PARKLAND ACQUISITION LLC                 75 W WALTON AVE STE 1           MUSKEGON       MI   49440         69696.00      0.00   1.961569373   0.156925550   A
24-233-000-0001-00   387 MORRIS AVE       DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440         24572.00   1965.76   0.691570286   0.055325623   A
24-233-000-0002-00   401 MORRIS AVE       DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440         24571.79   1965.74   0.691564375   0.055325150   A
24-233-000-0004-00   360 W WESTERN AVE    RUSSELL BLOCK DEV LLC                       PO BOX 732                   MUSKEGON       MI   49443-0732     7805.11    624.41   0.219672072   0.017573766   A
24-233-000-0005-00   356 W WESTERN AVE    CENTURY CLUB DEV LLC                        PO BOX 732                   MUSKEGON       MI   49443-0732     5581.67    446.53   0.157094136   0.012567531   A
24-233-000-0006-00   350 W WESTERN AVE    BLIND PIG PROPERTIES LLC                800 FIRST ST #357                MUSKEGON       MI   49443          4889.49    391.16   0.137612974   0.011009038   A
24-233-000-0007-00   351 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440         21714.00   1737.12   0.611132882   0.048890631   A
24-233-000-0008-00   379 W WESTERN AVE    SIDOCK PROPERTIES LLC                 42650 GRAND RIVER AVE              NOVI           MI   48374         22542.00   1803.36   0.634436651   0.050754932   A
24-233-000-0012-00   325 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440          7945.21    635.62   0.223615137   0.017889211   A
24-233-000-0013-00   307 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440         16477.87   1318.23   0.463763848   0.037101108   A
24-233-000-0014-00   299 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440          8223.06    657.84   0.231435128   0.018514810   A
24-233-000-0015-00   295 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440          8213.94    657.12   0.231178448   0.018494276   A
24-233-000-0024-00   292 W WESTERN AVE    DOWNTOWN MUSKEGON DEV CO                425 W WESTERN AVE STE 200        MUSKEGON       MI   49440         42503.25   3400.26   1.196239001   0.095699120   A
24-233-000-0025-00   376 W WESTERN AVE    RUSSELL BLOCK DEV LLC                       PO BOX 732                   MUSKEGON       MI   49443-0732     3172.95    253.84   0.089301560   0.007144125   A
24-432-000-0001-00   380 W WESTERN AVE    MUSKEGON CHAMBER BLDG LLC               300 WASHINGTON AVE STE 200       GRAND HAVEN    MI   49417         15289.80   1223.18   0.430326036   0.034426083   A
24-485-000-0000-00   878 JEFFERSON ST     JEFFERSON PROF CONDOMINIUM              878 JEFFERSON ST                 MUSKEGON       MI   49440         36432.00   2914.56   1.025365809   0.082029265   A
24-605-000-0001-00   939 3RD ST           PARKLAND ACQ. LLC (2/3 INT)              75 W WALTON                     MUSKEGON       MI   49440         67884.00   4000.00   1.910571271   0.152845702   A
24-792-000-0001-00   316 MORRIS AVE       HINMAN LAKE LLC                         750 TRADE CENTRE WAY STE 100     PORTAGE        MI   49002        239828.00   4000.00   6.749874592   0.539989967   A

24-205-174-0002-00   67 W WESTERN AVE     WITT LEE A CREDIT TRUST                1501 RUDDIMAN DR                  MUSKEGON       MI   49445        50529.60    4000.00   1.422137795   0.113771024   A
24-205-174-0009-00   28 E CLAY AVE        WITT LEE A TRUST                       1501 RUDDIMAN DR                  MUSKEGON       MI   49445        49222.80       0.00   1.385358370   0.110828670   A
24-205-186-0001-00   9 E WEBSTER AVE      EJE PROPERTIES LLC                    14126 GREEN ST                     GRAND HAVEN    MI   49417        44866.80    3589.34   1.262760284   0.101020823   A
24-205-186-0025-00   805 SPRING ST        EJE PROPERTIES LLC                    14126 GREEN ST                     GRAND HAVEN    MI   49417          6098.40    487.87   0.171637320   0.013730986   A
24-205-186-0019-00   12 E MUSKEGON AVE    PIGEON CREEK FURNITURE LLC             6460 MIDDLE LAKE RD               TWIN LAKE      MI   49457          8712.00    696.96   0.245196172   0.019615694   A
24-205-189-0005-00   11 E MUSKEGON AVE    ADMIRAL REAL ESTATE LLC                 785 W RANDALL ST                 COOPERSVILLE   MI   49404        21344.40    1707.55   0.600730620   0.048058450   A
24-205-189-0001-00   45 E MUSKEGON AVE    LAKETON PROPERTIES LLC                   45 E MUSKEGON AVE               MUSKEGON       MI   49440        34412.40    2752.99   0.968524878   0.077481990   A
24-205-354-0007-00   120 W APPLE AVE      REP IPSA                                    PO Box 599                   MUSKEGON       MI   49443        19602.00    1568.16   0.551691386   0.044135311   A
24-205-354-0001-00   151 W MUSKEGON AVE   BURIS ROSE M TRUST                      151 W MUSKEGON AVE               MUSKEGON       MI   49440        15246.00    1219.68   0.429093300   0.034327464   A
24-205-354-0002-00   165 W MUSKEGON AVE   SUNRISE PROPERTIES LLC                18505 92ND AVE                     COOPERSVILLE   MI   49404        16988.40    1359.07   0.478132535   0.038250603   A
24-205-332-0007-00   156 W MUSKEGON AVE   HAIRITAGE PROPERTIES LLC               1768 BAYVIEW DR                   MUSKEGON       MI   49441          3484.80    278.78   0.098078469   0.007846277   A
24-205-332-0006-00   164 W MUSKEGON AVE   HAIRITAGE PROPERTIES LLC               1768 BAYVIEW DR                   MUSKEGON       MI   49441          8276.40    662.11   0.232936363   0.018634909   A
24-205-332-0005-00   976 1st ST           GREEN BACS LLC                         4121 OKEMOS RD STE 12             OKEMOS         MI   48864          9147.60    731.81   0.257455980   0.020596478   A
24-205-324-0012-00   446 W WEBSTER AVE    LORING DAVID/LORI                       446 W WEBSTER AVE                MUSKEGON       MI   49440        10018.80     801.50   0.281975597   0.022558048   A
24-205-316-0018-00   546 W CLAY AVE       3M INVESTMENTS                          565 W WESTERN AVE, STE B         MUSKEGON       MI   49440          7840.80    627.26   0.220676554   0.017654124   A
24-205-176-0015-00   813 PINE ST          NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR              TWIN LAKE      MI   49457          4554.00    364.32   0.128170726   0.005126829   A
24-205-177-0007-00   820 PINE ST          NW MILL REAL ESTATE LLC                 820 PINE ST                      MUSKEGON       MI   49442         26136.00   2090.88   0.735588515   0.029423541   A
24-205-176-0013-00   821 PINE ST          NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR              TWIN LAKE      MI   49457          1386.00    110.88   0.039008482   0.001560339   A

24-205-177-0004-00   43 W CLAY AVE        NW MILL REAL ESTATE LLC                 820 PINE ST                      MUSKEGON       MI   49442          8712.00    696.96   0.245196172   0.009807847   A
24-205-176-0012-00   66 W WEBSTER AVE     NW AMERICA REAL ESTATE LLC             2648 E WHITE LAKE DR              TWIN LAKE      MI   49457          5676.00    454.08   0.159749021   0.006389961   A

24-205-177-0001-00   4 W WEBSTER AVE      COREPARK INVESTMENTS LLC                111 W WESTERN AVE                MUSKEGON       MI   49442        47916.00    3833.28   1.348578944   0.053943158   A

24-205-177-0003-00   39 W CLAY AVE        COTAL SULEYMAN                          390 W MUSKEGON AVE               MUSKEGON       MI   49440          4356.00    348.48   0.122598086   0.004903923   A

24-205-186-0005-00   51 W WEBSTER AVE     GILL EASTER JONES                      1215 SPRING ST                    MUSKEGON       MI   49442          2739.00    219.12   0.077088190   0.003083528   A

24-205-186-0015-00   866 PINE ST          SMITH ROGER W ET UX                     948 WENDOVER BLVD                MUSKEGON       MI   49441          7440.00    595.20   0.209396180   0.008375847   A

24-205-186-0018-00   870 PINE ST          SMITH ROGER W ET UX                     948 WENDOVER BLVD                MUSKEGON       MI   49441          2480.00    198.40   0.069798727   0.002791949   A

24-205-314-0001-00   471 W WESTERN AVE    LAKESHORE MUSEUM CENTER                 430 W CLAY AVE                   MUSKEGON       MI   49440          2024.00    161.92   0.056964767   0.002278591   A

24-205-314-0002-00   479 W WESTERN AVE    CITIPARC LLC                            111 W WESTERN AVE                MUSKEGON       MI   49442        10420.00     833.60   0.293267230   0.011730689   A

24-205-314-0003-00   479 W WESTERN AVE    CITIPARC LLC                            111 W WESTERN AVE                MUSKEGON       MI   49442        22176.00    1774.08   0.624135710   0.024965428   A

24-205-314-0005-00   495 W WESTERN AVE    CITIPARC LLC                            111 W WESTERN AVE                MUSKEGON       MI   49442          9504.00    760.32   0.267486733   0.010699469   A



                                                                                                               3
                                                                      Attachment A - Location and Description of Properties to be Assessed

24-205-314-0006-00   495 W WESTERN AVE   CITIPARC LLC                           111 W WESTERN AVE              MUSKEGON       MI       49442                   9504.00                   760.32     0.267486733   0.010699469   A

24-205-330-0003-00   163 W CLAY AVE      165 CLAY LLC                          1042 TERRACE ST                 MUSKEGON       MI       49442                   5109.00                   408.72     0.143791006   0.005751640   A

24-234-000-0001-00   285 W WESTERN AVE   PARKLAND MUSKEGON INC                   75 W WALTON AVE               MUSKEGON       MI       49440                  11053.91                   884.31     0.311108404   0.012444336   A

24-234-000-0002-00   255 W WESTERN AVE   CITY OF MUSKEGON                                                                                                     16080.98                1286.48       0.452593518   0.018103741   A

24-234-000-0003-00   255 W WESTERN AVE   CITY OF MUSKEGON                                                                                                     13264.14                1061.13       0.373314549   0.014932582   A

24-792-000-0001-00   316 MORRIS AVE      HINMAN LAKE LLC                        750 TRADE CENTRE WAY STE 100   PORTAGE        MI       49002                239828.00                 4000.00       6.749874592   0.269994984   A

24-233-000-0016-00   296 W CLAY AVE      HSD II LLC                             272 W CLAY AVE                 MUSKEGON       MI       49440                   7564.06                   605.12     0.212887805   0.008515512   A
24-205-318-0001-00   664 W CLAY AVE      MJ DOWNTOWN PROPERTIES LLC            5142 EVANSTON AVE               MUSKEGON       MI       49442                  77614.00                2000.00       2.184418694   0.087376748   B
24-205-318-0008-00   650 W CLAY AVE      MJ DOWNTOWN PROPERTIES LLC            5142 EVANSTON AVE               MUSKEGON       MI       49442-4852              4800.00                   192.00     0.135094309   0.005403772   B
24-205-322-0007-00   1236 8TH ST         CMN ENTERPRISES LLC                  18193 YUMA CT                    SPRING LAKE    MI       49456                  17424.00                   696.96     0.490392343   0.019615694   B

24-205-316-0013-00   1150 7TH ST         1150 7TH ST LLC                        280 NORTHLAND DR NE            ROCKFORD       MI       49341                  14000.00                   560.00     0.394025069   0.015761003   B
                                                                                                                                                                                                  100.000000000

                                                                                                                              Square footage assessed:     3553073.42 $            179,933.22

                                                                                                                                                                         Total of assessments


                                                                                                                                       Assessment amount
                                                                                                                                            Class        Amt per s/f           Max cap
                                                                                                                                               A            0.08         $           4,000.00
                                                                                                                                               B            0.04         $           2,000.00




                                                                                                           4
COMMISSION MEETING DATE: September 26, 2017

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 #: EN1711742


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the Garage structure located at 561
Catherine Ave is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to obtain
bids for the demolition of the structure and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible bidder or
staff may issue infraction tickets to the owner, agent or responsible party if they do not
demolish the structure.

Location and ownership: This structure is located on Catherine Ave between Maple
Street and Chestnut Street in the Angell Neighborhood and is owned by Aaron Gray,
561 Catherine Ave, Muskegon.

Staff Correspondence: A property maintenance notice to repair was sent on 5-25-17,
with no response from the owner. A “final notice” was sent on 6-16-17, with no response
from the owner. The Notice and Order to Repair or Remove was issued on 08/07/17,
with no response from the owner. On 09/07/17 the HBA declared the garage structure
substandard and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $26,000 (entire property)

Garage Valve: $13,144

Estimated cost to repair garage: $9,100

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish the garage structure only on the property
Owner Contact: No owner contact.

Permits obtained: None

                          DANGEROUS BUILDING INSPECTION

Enforcement # EN1711742
Property Address: 561 CATHERINE AVE                (GARAGE ONLY)
Parcel # 24-205-081-0004-00

Date completed: May 17, 2017

DEFICENCIES:
  1. Garage roof covering is deteriorated and missing in several areas

   2. Roof has hole(s) and roof decking is rotted

   3. Siding has peeling paint

   4. Soffits are rotted, missing or not attached

   5. Addition on east side of the garage, the roof has collapsed


        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS of the Garage of 561 Catherine Ave
 Roof
Collapse
COMMISSION MEETING DATE: September 26, 2017

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 #: EN1713224 – 216 Allen Ave


SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located
at 216 Allen Ave is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder or staff may issue infraction tickets to the owner,
agent or responsible party if they do not demolish the structure.

Location and ownership: This structure is located on Allen Ave between Fork
Street and the dead end and is located in the Angell neighborhood. The property
is owned by Mohinder Baria, 7050 Nantucket Dr SW, Byron Center, MI.

Staff Correspondence: The Notice and Order to Repair was issued on
07/05/17. On 08/03/17 the HBA granted the owner additional 30 days to provide
the inspections dept. a plan of abatement. On 9-7-17, with no plan of abatement
submitted, the HBA declared the structure substandard and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $ 3,000

Estimated cost to repair: $ 29,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Owner Contact: The owner made contact with the inspections dept. prior to the
August 3, 2017 HBA meeting stating he would be demolishing the home. At
August 3rd HBA meeting, he informed the HBA he wanted to restore the home
and ask the HBA for additional time to provide his plan to repair. The HBA
granted the owner an additional 30 days to provide a plan of abatement. The
owner made no further contact with the inspections dept.

Permits obtained: None


                    DANGEROUS BUILDING INSPECTION REPORT

Enforcement # EN1713224
Property Address: 216 ALLEN AVE
Parcel # 24-205-209-0008-00

Date completed: July 5, 2017

DEFICENCIES:
   1) Siding is rotted, missing and has peeling paint in numerous locations
   2) Windows are broken, cracked or missing
   3) Recently installed windows must be installed to code and must meet the
       requirements of the energy code
   4) Roof is deteriorated and missing in several locations
   5) Soffits and fascia are rotted, missing or not attached and has peeling paint
   6) Front porch deck is rotted or missing
   7) Handrail is missing on front porch steps
   8) Basement windows and windows frames are missing
   9) Foundation is cracked in several locations
   10) Rear entry door is rotted and “dog door” must be installed correctly
   11) Rear entry steps are missing
   12) Electrical & gas meter are currently attached to the structure
   13) No water usage since November of 2015
   14) Structure fire occurred September 5, 2016
   15) Registered vacant in August of 2016
Note: This reflects an “Exterior Only” inspection

Based upon my recent inspection of the above property I determined that the structure meets the definition
of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City
Code.
PHOTOS of 216 Allen Ave
COMMISSION MEETING DATE: September 26, 2017

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 #: EN1714963


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

Location and ownership: This structure is located on Strong Ave between 4th
Street and 5th Street in the Nelson Neighborhood and Campus Historic District.
The property is owned by Muskegon County Treasurer / Land Bank.

Staff Correspondence: A structure fire occurred on 08/14/17. A dangerous
building inspection was conducted on 08/17//17. On 08/17/17, a request to
demolish the structure was send to the State Historic Preservation Organization
(SHPO) as the structure is located in the Campus Historic District. On 09-05-17,
the Muskegon Historic District Commission concurred with the inspections dept.
to demolish the structure upon the decision of SHPO. On the 09/07/17, the HBA
declared the structure substandard and dangerous.


Financial Impact: Escrow Funds

Budget action required: None

State Equalized value:     $25,200

Estimated cost to repair: $55,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional: Demolition to include the detached garage

        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.

                            Dangerous Building Report

Enforcement # EN1714963
Property Address: 189 STRONG AVE
Parcel # 24-205-397-0012-10

Date completed: August 17, 2017

NOTE: This home was severely damaged by fire on August 14, 2017.

DEFICENCIES:
  1. Heavy fire damage to the upper floor of the home. Rear roof of the
     structure was consumed by fire leaving a large opening

   2. Heavy smoke and heat damage noted throughout the structure

   3. Many windows are broken, damaged or missing

   4. Major water damage noted throughout the home. The plaster ceilings
      have collapsed from the weight of the water in the dining room,
      kitchen, living room and stairways.

   5. Unable to enter the basement at the time of the inspection due to the
      high water level

   6. The garage roof has deteriorated and must be replace

   7. The garage siding is rotted in several areas and has peeling paint

   8. The utilities have been terminated to the structure.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
PHOTOS OF 189 STRONG AVE




                           Hole in roof
                            from fire
COMMISSION MEETING DATE: September 26, 2017

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 #: EN1713088 – 1750 Pine St


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1750 Pine St is
unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder or staff may issue infraction
tickets to the owner, agent or responsible party if they do not demolish the structure.

Location and ownership: This structure is located on Pine Street between East Larch
Ave and East Laketon Ave in the McLaughlin Neighborhood. The structure is owned by
JP Morgan Chase Bank, 1111 Polaris PKWY, Columbus, OH.

Staff Correspondence: The “notice & order to repair” was sent on 8/07/2017. A “10
day notice” was sent on 8/28/2017 for the September 7, 2017 HBA hearing. On
September 7, 2017 the HBA declared the structure substandard and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:      $14,500

Estimated cost to repair: $19,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property
Owner Contact: A contractor for the owner contacted the Inspection Department and
requested an interior inspection. An inspection was conducted on 6-28-17. The
contractor said he would be allowed to complete certain items listed in an insurance
claim filed by the owner. The contractor applied for a building permit but did not return
the necessary payment and paperwork. No permits were issued. We received no
contact or correspondence from the contractor or owner until September 8, 2017 a day
after the HBA hearing. The contractor sent a request to obtain the building permit to
complete the repairs. After reviewing the proposed repairs, the permit was denied. The
contractor’s proposed repairs do not address all deficiencies listed in the dangerous
building inspection report. Contractor estimated repair cost of $6,755.36. Staff estimated
cost to repair at $19,000.

Permits obtained: None


                        DANGEROUS BUILDING INSPECTION

Enforcement # EN1713088
Property Address: 1750 PINE ST
Parcel # 24-205-307-0001-00

Date completed: June 28, 2017

An interior inspection was conducted and determined the following to be in violation of
the City Ordinance and or State Law. Please note the following:

DEFICENCIES:
1) Electrical Service: The entire electrical service to include all wiring and fixtures must
be replaced and the electrical service brought up to current code to include hard wired
smoke detection. This work must be completed by a State licensed electrical contractor.
2) Plumbing: The entire home must be plumbed to current code, this will include fresh
water piping and waste water piping. This work must be completed by a State licensed
plumbing contractor.
3) Plumbing Fixtures: Many plumbing fixtures with include: sinks, tub and toilets are
missing or not connected or attached.
4) Heating: Most of heating registers have been removed from the home. All heat
discharges must have the ability to reduce the amount of heat movement within the
room.
5) Drywall / Plaster: Many opening in the walls have been noted throughout the home.
All drywall / plaster holes must be seam taped before compound is applied. Once the
compound is dry, the area must be sanded and primed
6) Ceilings: Many ceiling have peeling paint. All ceilings with peeling paint must be
scraped, sanded and primed.
7) Windows: Broken windows may be replaced with the same type of glass. If new
windows are installed, the windows must meeting the requirements of the Energy Code.
8) Doors: Broken, missing or delaminating doors must be replaced
9) Gas Piping: All unused gas piping must be removed and capped
10) Floor Coverings: Floor coverings that are damaged or unclean-able must be
replaced
11) Basement Walls / Foundation: The basement walls have more than a 10 degree
deflection inward and therefore must be supported or the basement walls replaced.
12) Handrails: Exterior and interior handrails are missing or not installed to code.

Note: This is not all inclusive list of code violations noted at the property. The noted
violations are considered “dangerous or substandard” as described by code.

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

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS of 1750 Pine St
COMMISSION MEETING DATE: September 26, 2017

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 #: EN1714244 – 1526 Terrace St


SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 1526 Terrace St
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder or staff may issue
infraction tickets to the owner, agent or responsible party if they do not demolish the
structure.

Location and ownership: This structure is located on Terrace Street between East
Grand Ave and East Forest Ave in the McLaughlin Neighborhood. The property is
owned by Matthew Goodno, 2002 Mills Ave, Muskegon, MI 49442.

Staff Correspondence: The “notice & order to repair” was sent on 8/07/2017. A “10
day notice” was sent on 8/28/2017 for the September 7, 2017 HBA hearing. On
September 7, 2017 the HBA declared the structure substandard and dangerous.


Financial Impact: General Funds

Budget action required: None

State Equalized value:     $19,100

Estimated cost to repair: $11,300

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

Permits obtained: None


                          DANGEROUS BUILDING INSPECTION

Enforcement # EN1714244
Property Address: 1526 TERRACE ST
Parcel # 24-205-282-0002-00

Date completed: August 7, 2017

DEFICENCIES:
  1. Roof has deteriorated, shingles are missing, roof deck material is rotted and roof
      has hole(s)
  2. Fascia & soffits are rotted, missing or not attached
  3. Many windows are boarded, rotted or missing & have peeling paint
  4. Many door are boarded (unable to determine condition)
  5. Basement windows are broken or missing
  6. Cement steps on rear of home are cracked and have collapsed
  7. Garage siding (OSB sheeting) is rotted with holes throughout the garage
  8. Garage roof has large amount of moss (unable to determine the condition of the
      roof)
  9. Garage soffits & fascia are rotted or missing
  10. Evasive scrub trees are into the foundation and must be removed
  11. Gas meters (two) attached home (shut off)
  12. Electrical meter, two sockets and one meter attached to home
NOTE: Violations depict an exterior only inspection

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

        If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
PHOTOS of 1526 Terrace St
 Holes
through
  roof
                       Commission Meeting Date: September 26, 2017




Date:        September 21, 2017
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Request to amend the Planned Unit Development (PUD) at Terrace Point
             Circle


SUMMARY OF REQUEST:

Request to amend the Terrace Point Circle Final PUD to reconfigure the non-waterfront lots and allow for
duplexes on them. The request is intended to move the project forward by offering homes at a popular
price point, while still offering the same amount of density as the original plan.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the final PUD.

COMMITTEE RECOMMENDATION:

The request was unanimously recommended for approval at the September 14 Regular Planning
Commission meeting.
                     PLANNING COMMISSION STAFF REPORT EXCERPT

SUMMARY
  1. This PUD was previously approved for single-family homes on 70 separate lots. The proposed
     amendment would only change the requirements for some of the non-waterfront lots. Please see the
     enclosed site plan. The dark grey lots would stay the same and the light grey lots would change.
     These 38 lots would be combined to create 19 lots and offer one or two unit homes.
  2. The original PUD that was approved had the development requirements defined in the “Sears
     Architects” document. This document will stay the same for the waterfront lots, but a new document
     has been created for the non-waterfront lots. The only differences between the two documents are as
     follows:
         •   Waterfront lots – one dwelling unit per lot maximum (owners may purchase two lots and
             develop only one unit)
             Non-waterfront lots – one or two dwelling units per lot maximum (no adjacent lots can be
             purchased without developing another unit)
         •   Waterfront lots – 15 foot minimum rear setback
             Non-waterfront lots – 10 foot minimum rear setback
         •   Waterfront Lots – A minimum of one shade tree per unit
             Non-waterfront Lots – A new landscaping plan for the entire area has been provided.

  3. Notice was sent to all property owners/tenants within 300 feet of this property. At the time of this
     writing, staff had not received any comments about this request.

                                               Zoning Map
                                CITY OF MUSKEGON

                                 RESOLUTION #2017-
   RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR 650
                         TERRACE POINT CIRCLE

WHEREAS, a petition for a Planned Unit Development was received to amend the final PUD to
combine some of the non-waterfront lots and to allow duplexes on them; and,

WHEREAS, the plan will be amended to reflect the standards listed in the attachments regarding
lot sizes and building placement and requirements;

WHEREAS, any major request for an amendment of this approval will constitute a public hearing
and an amendment to the final plan;

WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and

WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary
and Final Planned Unit Development and associated site plan; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the preliminary and final Planned Unit Development is hereby
approved.

Adopted this 26th day of September, 2017

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Stephen J. Gawron
                                                    Mayor

                                              Attest:
                                                        Ann Marie Cummings
                                                        Clerk, City of Muskegon
                     CERTIFICATE (Final PUD 650 Terrace Point Circle)

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of September, 2017, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2017.             _______________________________________
                                              Ann Meisch
                                              Clerk, City of Muskegon
              Commission Meeting Date: September 26, 2017




Date:        September 21, 2017
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Request to amend the Planned Unit Development (PUD) at
             3425 Fulton Ave


SUMMARY OF REQUEST:

Request to amend the Harbour Towne Final PUD at 3425 Fulton Ave to allow a 7-unit
boutique hotel at the former Muskegon Yacht Club building. The development will
include hotel suites on the top floor and a banquet room on the bottom floor.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the final PUD.

COMMITTEE RECOMMENDATION:

The request was unanimously recommended for approval at the September 14 Regular
Planning Commission meeting.
            PLANNING COMMISSION STAFF REPORT EXCERPT

SUMMARY
 1. The property measures 1.5 acres and is part of the Harbour Towne Planned Unit
    Development (PUD). The underlying zoning is Lakefront Recreation, which does
    allow for hotels. However, an amendment to the PUD is necessary because it was not
    approved as part of the original PUD. The building had been previously approved as
    a clubhouse for the Harbour Towne Yacht Club and included a restaurant and lounge.
    It has been vacant since 2011.
 2. The proposed hotel would include seven rental units on the first floor and a reception
    area in the basement (please see the enclosed floor plan). Five smaller units would be
    located on the north side of the building and two larger units would be located on the
    south side of the building. A deck to the top floor hotel suites will be added.The
    owner is proposing to allow the marina owners to have access to the reception area
    and pool.
 3. There are 81 parking spaces associated with this parcel, which is severely more than
    is required by the ordinance.
 4. Please see the enclosed letter addressed to the Planning Commission from the owner.
 5. Notice was sent to all property owners/tenants within 300 feet of this property. At the
    time of this writing, staff has received one comment from the public. Linda Jo
    Balkema, a marina slip owner, is concerned that there may be conflicts between the
    slip owners and the hotel guests. She also recommends that if approved, a fence be
    installed around the property to keep the hotel guests off of the marina docks.
    (Update for City Commission – Five people called in and opposed to the project,
    three called in for support. More people showed up in support than opposed at
    meeting. )
3425 Fulton Ave




 Zoning Map




  Aerial Map
                                CITY OF MUSKEGON

                                 RESOLUTION #2017-
  RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR 3425
                            FULTON AVE.

WHEREAS, a petition for a Planned Unit Development was received to for a boutique hotel at the
former Muskegon Yacht Club building at 3425 Fulton Ave; and,

WHEREAS, the use is different than the approved use as a banquet facility, which they still plan
to utilize on the bottom floor, so the Planned Unit Development must be amended to allow for a
hotel; and,

WHEREAS, the final plan will be amended to allow for a hotel on the top floor, the expansion of
the deck for the hotel units, and the use of a banquet facility on the bottom floor,

WHEREAS, any request for an expansion of this approval will constitute a public hearing and an
amendment to the final plan;

WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and

WHEREAS, the Planning Commission and staff have recommended approval of the Preliminary
and Final Planned Unit Development and associated site plan; and

NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the Planning
Commission be accepted and the preliminary and final Planned Unit Development is hereby
approved.

Adopted this 26th day of September, 2017

       Ayes:

       Nays:

       Absent:

                                              By:
                                                    Stephen J. Gawron
                                                    Mayor

                                              Attest:
                                                        Ann Marie Meisch
                                                        Clerk, City of Muskegon
                         CERTIFICATE (Final PUD 3425 Fulton Ave)

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 26th day of September, 2017, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required thereby.

DATED: ___________________, 2017.             _______________________________________
                                              Ann Meisch
                                              Clerk, City of Muskegon
               Commission Meeting Date: September 26, 2017




Date:         September 26, 2017
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Approval of the Proposal at 895 4th St


SUMMARY OF REQUEST:

Staff sent out a Request for Proposal (RFP) for this property on August 29 and proposals
were due on September 19. The City received one proposal in response to the RFP,
which was from Pigeon Hill Brewing Company. Staff is seeking approval of a slightly
amended proposal and to enter into a purchase agreement. After discussions with City
staff, the company is now offering a total of $40,000 for Sub-Parcel 1 and Sub-Parcel 2.
They plan to construct a building of approximately 15,000 sqft that is expected to be a
$1.5 million investment and would feature large windows facing Shoreline Drive to
showcase their large stainless-steel brewing equipment.

FINANCIAL IMPACT:

The City would receive no less than $40,000 for Sub-Parcels 1 & 2.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

To allow staff to enter into a purchase agreement with Pigeon Hill Brewing Company for
Sub-Parcels 1 and 2 for a price that is within at least 15% of the appraised value and no
less than $40,000.

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