City Commission Packet 05-22-2018

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      CITY OF MUSKEGON
        CITY COMMISSION MEETING
               MAY 22, 2018 @ 5:30 P.M.
     MUSKEGON CITY COMMISSION CHAMBERS
    933 TERRACE STREET, MUSKEGON, MI 49440
                                  AGENDA
□      CALL TO ORDER:
□      PRAYER:
□      PLEDGE OF ALLEGIANCE:
□      ROLL CALL:
□      HONORS AND AWARDS:
□      INTRODUCTIONS/PRESENTATION:
    A. 2017 Outstanding Citizenship Award Presentation
□      CITY MANAGER’S REPORT:
□      CONSENT AGENDA:
    A. Approval of Minutes      City Clerk
    B. Upgrade Cable Connection        City Clerk
    C. Summer Pops Concession for City of Muskegon Parks           DPW
    D. Frank’s Taco Shack for City of Muskegon Parks         DPW
    E. 3rd Coast Rentals Concession for City of Muskegon Parks           DPW
    F. Resolution Authorizing the Pilot Drinking Water Community Water Supply
       Grant Agreement DPW
    G. Artificial Christmas Tree at Hackley Park        DPW/Parks Department
    H. Toro Groundsmaster Mower        DPW/Parks Department
    I. 2018 CDBG/HOME Budget Recommendations                 CNS
    J. Neighborhood Renovations        City Manager
□   PUBLIC HEARINGS:
    A. Public Hearing for Brownfield Plan Amendment and Development and
       Reimbursement Agreement for Pigeon Hill 4th Street Expansion Project
       Planning & Economic Development Department


                                          Page 1 of 2
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
    A. Amendment to the Zoning Ordinance – Medical Marihuana Facilities
       Licensing Act Overlay District – 2ND READING Planning & Economic
       Development Department
    B. Concurrence with the Housing Board of Appeals Notice and Order to
       Demolish the Following: Public Safety
       236 Mason Avenue – Bolt Hardware
       586 School Street
       2207 Miner Avenue
    C. Request to Rezone 731 Yuba St, 205 E Muskegon Ave, 287 E Muskegon Ave
       and 225 Eastern Ave    Planning & Economic Development Department
□ 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:
    A. Contract Negotiations
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.




                                                       Page 2 of 2
Memorandum
To:      Mayor and Commissioners

From: Frank Peterson

Re:      City Commission Meeting

Date: May 22, 2018

Here is a quick outline of the items on our agenda(s):

WORK SESSION

      N/A

REGULAR MEETING

      1. Under Presentations, we will present our Outstanding Citizenship Awards
      2. Under the Consent Agenda, we are asking the Commission to consider the following:
            a. Approval of meeting minutes from the most-recent City Commission meeting.
            b. Approval to upgrade the cable connection in the Commission Chambers.
            c. Approval of a summer concessions agreement with Summer Pops. They are a
                returning vendor from last season. They sell all-fruit popsicles/treats. A noted
                change to this agreement (and all concessions agreements at the park): they now
                have a base rent of $1,000 for the season and a 5% share of gross sales. Previously,
                we have $0 base rent plus 10% of gross sales.
            d. Approval of a summer concessions agreement with Frank’s Taco Shack (no
                relation). I believe they are new to PM Park. This agreement has the same terms
                as Summer Pops.
            e. Approval of a summer concessions agreement with Third Coast Rentals. This is a
                little different than the other concession agreements, as they will not be selling
                food. Rather, they will be renting beach items (lounge chairs, umbrellas, kayaks,
                paddle boards, jet skis, pontoon boats, etc.). This will be a great addition to our
                park! This group will pay a flat rent of $1,500 for the season - $300 of which will
                be directed to the launch ramp fund, as they will be using the launch ramps
                commercially to launch their pontoon boat(s).
            f. Approval of a resolution authorizing the Pilot Drinking Water Community Water
                Supply Grant Agreement. This program will help raise funds to make critical
                investments in our water system.
          g. Approvals to purchase a new artificial holiday tree for Hackley Park. This is
             partially funded by donations from the Women’s Division Chamber of Commerce
             and Downtown Muskegon Now. There are a number of reasons why we feel
             moving to an artificial tree is a good move:
                  i. We need to change the location to allow for better use of the stage during
                     holiday events.
                 ii. We would like to stop cutting down live trees for the park.
                iii. The artificial tree will be pre-lit and reduce staff time in the park.
                iv. Holiday use of the park is growing greatly, and this will help make the
                     experience more enjoyable for attendees.
          h. Approval of the purchase of a new riding lawn mower.
          i. Approval of the 2018 CDBG/HOME Budget recommendations.
          j. Approval of the listed neighborhood home renovations. These properties were
             purchased by the city recently as a part of our effort to demonstrate the ability to
             renovate older homes that were otherwise either facing demolition or receiving
             significant blight enforcement from SAFEbuilt. The goal is to renovate the homes
             over the next 12-18 months and sell them as affordable market-rate housing with
             price ranges from $85,000 to $125,000.

   3. Under Public Hearings we will take comments on the Brownfield Plan Amendment and
      Development/Reimbursement Agreement for the Pigeon Hill Brewing Expansion Project
      on 4th Street.

   4. Under the New Business, we are asking the Commission to consider the following:
         a. Second Reading of the Medical Marijuana Overlay District Ordinance.
         b. Concurrence with the Housing Board of Appeals recommendation to demolish
             three structures.


Let me know if you have any questions/comments/concerns
Date:     May 15, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve minutes of the May 7, 2018
Worksession and the May 8, 2018 Regular Meeting.


FINANCIAL IMPACT: None.


BUDGET ACTION REQUIRED: None.


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

                                 Monday, May 7, 2018
                                      5:30 p.m.
                              City Commission Chambers


                                  MINUTES
2018-31

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

    1. Remembrance Road Preliminary and Construction Engineering
City staff is requesting to enter into an agreement with Moore & Bruggink for preliminary
and construction engineering services related to the reconstruction and widening of
Remembrance Road from Keating south to new project side in the Port City Industrial
Park. The requested consultant is currently working on the site development, has
familiarity with needs for the project site and has submitted a reasonable cost estimate
for the work. Discussion ensued. This item will be on the agenda for our next regular
meeting.

    2. MMFLA Application
Staff has prepared a local application for the Medical Marihuana Facilities Licensing Act
licenses and is seeking commission input and approval. Discussion took place
regarding the application.

Motion by Commissioner Turnquist, second by Commissioner Rinsema-Sybenga,
to approve the MMFLA local application as presented.

AYES:        Gawron, Rinsema-Sybenga, Turnquist
NAYS:        Johnson, Hood, Warren, and German

MOTION FAILS

    3. MMFLA Overlay District
Staff is requesting an amendment to the zoning ordinance to include a new section for
the Medical Marihuana Facilities Overlay District. The amendment was discussed. This
item will be on the agenda for our next regular meeting.

   4. LC Walker Arena Improvements
Staff is seeking approval to make a number of investments at the LC Walker Arena
during the 2018 off-season. The improvements include updated ADA seating,
demolition and removal of old/unused HVAC equipment, painting, and ceiling repairs. In
addition to these improvements, staff will be requesting funds from the Downtown
Development Authority to replace the glass around the playing surface, replace ice
controllers, upgrade restrooms, reconfigure a portion of the arena’s seating, and
improve food and beverage offerings. Collectively, these items are expected to help
improve the fan/visitor experience and move the arena closer to self-sustainability.

ADA improvements: $20,000
Paint: $120,000
Selective Demolition:     $30,000
Ceiling Repairs:    $60,000

Discussion took place regarding the improvements. This item will appear on the agenda
for the next regular meeting.

    5. Presentation by Eric Foster – Director of Strategy, Banks & Company &
           Cannabis Practice Group (10 minutes)
The Michigan Canna Coalition Association provides information to advance legislative
action supporting marijuana decriminalization, equitable economic development, and
rapid toxicology testing technology. The presentation included information regarding the
myths and realities of cannabis, social equity, community benefits, economic
opportunities, and employment growth.

    6. Any Other Business
Frank Peterson provided budget information on some houses that the city bought
through the rehabilitation program.

Commissioner Johnson acknowledged and appreciates the work that staff has put into
the MMFLA licensing process.

Commissioner Turnquist asked what is being done with potholes. Would like to see
some improvements in Pere Marquette area.

Commissioner German asked about negotiations with Firefighters.

Ann Meisch told Commission about the quotes for getting the updates to fiber optics
that we need to have done in order to get back on television. Item will be on the agenda
soon.

Adjournment
The Worksession meeting adjourned at 9:00 p.m.

                                               Respectfully Submitted,



                                               Ann Marie Meisch, MMC – City Clerk
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
               MAY 8, 2018 @ 5:30 P.M.
   MUSKEGON CITY COMMISSION CHAMBERS
  933 TERRACE STREET, MUSKEGON, MI 49440


                                     MINUTES

The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, May 8, 2018. Mr. George
Monroe, Evanston Avenue Baptist Church, opened the meeting with prayer,
after which the Commission and public recited the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present:     Mayor Stephen J. Gawron, Vice Mayor Eric Hood, Commissioners
Ken Johnson, Byron Turnquist, Willie German, Jr., Debra Warren, and Dan
Rinsema-Sybenga, City Manager Frank Peterson, City Attorney John Schrier, and
City Clerk Ann Meisch.
INTRODUCTIONS/PRESENTATION:
      Pollinator Plan Presentation
The Pollination Plan was presented by Kevin Santos from the Department of
Public Works. Some goals are to reduce pesticide use, create buffer zones,
create native planting areas, and cut down on mowing costs.
2018-32     CONSENT AGENDA:
   A. Approval of Minutes       City Clerk
SUMMARY OF REQUEST: To approve minutes of the April 24, 2018 Regular
Meeting.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the minutes.
   B. Request to Fly the Norwegian Flag       City Clerk
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
                                          Page 1 of 9
Norwegian Flag at City Hall on Thursday, May 17, in honor of Norway’s
Constitution Day (Independence Day).
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           Approval of the request.
   C. Approval of Building Contract for 1015 E. Forest Avenue Community &
      Neighborhood Services
SUMMARY OF REQUEST: To award the building contract for the rehabilitation of
1015 E. Forest Avenue to Holden Construction for the City of Muskegon’s
Homebuyers Program through CNS.
CNS received 3 bids, the cost estimate from our spec writer was $98,100.
FINANCIAL IMPACT:        The funding for this project has been secured with 2017
HOME funds.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:            To award Holden Construction the rehabilitation
contract for 1015 E. Forest in the amount of $73,250.00 for the Community and
Neighborhood Services Office.
   D. Toro Groundsmaster Mower         DPW/Equipment
SUMMARY OF REQUEST: The Equipment Division is requesting permission to
purchase one (1) Toro Groundsmaster Mower coming for Spartan Distributers the
lowest qualified bidder. Cost for this Mower is $31,737.32 coming from the
Equipment Division fund.
FINANCIAL IMPACT:        $31,737.32
BUDGET ACTION REQUIRED:         None. Amount is what was budgeted.
STAFF RECOMMENDATION:      Authorize staff to purchase one (1) Toro
Groundsmaster Mower from Spartan Distributers, the lowest qualified bidder.
   E. 2018-19 Healthcare and Wellness Program Finance Director
SUMMARY OF REQUEST: The City’s healthcare coverage renews effective June
1st, for the period 6/1/18 – 5/31/19. This year’s Priority Health renewal premium
came in at a 7.64% increase over the previous year. Last year’s increase was
3.96% after several benefit changes were made. For several years the City has
made numerous benefit changes including increasing deductibles and copays
along with changes to the drug copays to keep our increases as low as possible.
This year to help offset the cost we are proposing to increase the employee’s
premium copay from 10% to 14%. This will keep our employer contribution below
the “hard cap limits” set by PA 152.
Per State guidelines we must remain below the “hard cap limit” or employees

                                         Page 2 of 9
must contribute 20% towards their premium. To stay below the “hard cap limit”
would require significant benefit changes each year so we are opting to
gradually increase the employee premium copay until it reaches the 20% we
feel this option will have less negative impact on the majority of employees.
For 2018-19 the City will continue to pay the HRA deductible if the employee
and spouse complete the wellness requirements by March 31st. Non-participants
in the wellness program will be required to pay $1,000 for single coverage or
$2,000 per double or family coverage of the deductible.
FINANCIAL IMPACT:       Following is an estimate of gross premium costs for the
Priority Health HMO program compared with the current healthcare plan year.




BUDGET ACTION REQUIRED:       Employee and retiree healthcare costs will be
included in the forthcoming 2018-19 budget.
STAFF RECOMMENDATION:       Authorize staff to execute documents with Priority
Health to renew employee healthcare coverage for the coming year.
   F. Set Public Hearing for Amendment to Brownfield Plan – Pigeon Hill
      Planning & Economic Development
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
an amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Pigeon Hill Brewing
Company, LLC, located at 895 4th Street, in the Brownfield Plan.
FINANCIAL IMPACT:      Brownfield Tax Increment Financing will be used to
reimburse the developer for “eligible expenses” incurred in association with
development of the Pigeon Hill project, which is approximately $434,507.28.
Pigeon Hill Brewing Company, LLC cost for the development of the property is

                                        Page 3 of 9
approximately $1,313,187 in private investment, resulting in a substantial increase
in the local and school taxes generated by the property.
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:          To approve the resolution and authorize the
Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION:         The Brownfield Redevelopment Authority
met on May 8, 2018 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission.
   G. Remembrance Road Preliminary and Construction Engineering
      Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Moore
& Bruggink for preliminary and construction engineering services related to the
reconstruction and widening of Remembrance Road from Keating south to new
project site in the Port City Industrial Park.
The requested consultant is currently working on the site development, has
familiarity with the needs for the project site and has submitted a reasonable
cost estimate for the work.
FINANCIAL IMPACT:        $107,000 for engineering services to be covered by the
Major Street fund.
BUDGET ACTION REQUIRED:         Adjust Major Street fund in third quarter
reforecast.
STAFF RECOMMENDATION:         Authorize staff to enter into an agreement with
Moore & Bruggink for engineering services related to the reconstruction and
widening of Remembrance Road.
   H. LC Walker Arena Improvements           City Manager
SUMMARY OF REQUEST: Staff is seeking approval to make a number of
investments at the LC Walker Arena during the 2018 off-season. The
improvements include updated ADA seating, demolition and removal of
old/unused HVAC equipment, painting, and ceiling repairs. In addition to these
improvements, staff will be requesting funds from the Downtown Development
Authority to replace the glass around the playing surface, replace ice
controllers, upgrade restrooms, reconfigure a portion of the arena’s seating, and
improve food and beverage offerings. Collectively, these items are expected to
help improve the fan/visitor experience and move the arena closer to self –
sustainability.
ADA Improvements: $20,000
Paint: $120,000
Selective Demolition: $30,000

                                         Page 4 of 9
Ceiling Repairs: $60,000

FINANCIAL IMPACT:     $20,000 was previously budgeted in the General Fund
for ADA Compliance. The remaining funds will be expensed from the Public
Improvement Fund.
BUDGET ACTION REQUIRED:          This will be accounted in the 3rd Quarter
Reforecast.

STAFF RECOMMENDATION:           To authorize the city manager to expend up to
$230,000 for ADA seating upgrades, miscellaneous, demolition, painting, and
ceiling repairs at the LC Walker Arena.

Motion by Commissioner Johnson, second by Commissioner Warren, to approve
the consent agenda as presented, except items I and J.

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

            Nays: None

MOTION PASSES

2018-33     ITEMS REMOVED FROM CONSENT AGENDA:

   I. Amity Bridge – Resolution of Support for Bridge Funding Application and
      Commitment for Matching Funds         Department of Public Works
SUMMARY OF REQUEST: The Engineering Department would like to apply for
bridge preservation funding through the Michigan Department of
Transportation. These funds would be used to remove the Amity Bridge and build
a new roadway on fill. The bridge was originally constructed to cross a railroad
line that no longer exists.
Construction is estimated at $415,000, and the city would be required to provide
matching funds of approximately $90,000 plus engineering costs. Funding is
available starting in 2021.
The MDOT application requires a resolution of support and commitment for the
matching funds.
FINANCIAL IMPACT:          $200,000 split over fiscal year 20/21 and 21/22
BUDGET ACTION REQUIRED:          None at this time.
STAFF RECOMMENDATION:          Approve the resolution of support for the bridge
preservation fund application and commit to funding the required match and
engineering costs.


                                           Page 5 of 9
Motion by Commissioner German, second by Commissioner Warren, to approve
the resolution of support for the bridge preservation fund application and
commit to funding the required match and engineering costs.

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

            Nays: None

MOTION PASSES

   J. Medical Marihuana Facilities Licensing Act Application Planning &
      Economic Development
SUMMARY OF REQUEST: Request to approve the proposed local MMFLA
application.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To pass the resolution approving the application.

Motion by Commissioner German, second by Commissioner Johnson, to pass
the resolution approving the application.

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

            Nays: None

MOTION PASSES

2018-34     NEW BUSINESS:
   A. DDA On-Premise Liquor License for Nipotes Planning & Economic
      Development
SUMMARY OF REQUEST: To approve the Resolution for a Downtown
Development Authority On-Premise Liquor License for Nipotes. The Liquor Control
Commission allows for additional for additional liquor licenses within Downtown
Development Authority Districts under certain conditions.
FINANCIAL IMPACT:       Approving the Liquor License will allow for a new
restaurant in the downtown area which should result in increased revenue for
the City.
BUDGET ACTION REQUIRED:         None


                                         Page 6 of 9
STAFF RECOMMENDATION:           To approve the resolution.

Motion by Commissioner Johnson, second by Commissioner German, to
approve the resolution.

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

            Nays: None

MOTION PASSES

   B. Medical Marihuana Facilities Licensing Act Planning & Economic
      Development     SECOND READING
SUMMARY OF REQUEST:            Request to approve the ordinance for the
Medical Marihuana Facilities Licensing Act.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATION:           To approve the ordinance.

Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the ordinance.

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

            Nays: None

MOTION PASSES

   C. Amendment to the Zoning Ordinance – Medical Marihuana Facilities
      Licensing Act Overlay District Planning & Economic Development
SUMMARY OF REQUEST: Staff-initiated request to amend the zoning ordinance
to include a new section for the Medical Marihuana Facilities Overlay District.
FINANCIAL IMPACT:        None
BUDGET ACTION REQUIRED:         None
STAFF RECOMMENDATIONS:          Staff recommends approval of the ordinance
amendment.
COMMITTEE RECOMMENDATION:         The Planning Commission voted in favor (4-
2) of recommending to the City Commission to approve the zoning ordinance
amendment for the MMFLA overlay district at their February 15 meeting.

                                         Page 7 of 9
Michalski, Larson, Gawron, and Doyle voted in support. Mazade and
Montgomery-Keast voted in opposition. Peterson and Hovey-Wright were
absent. The version they approved for recommendation is slightly different than
from what staff is presenting tonight, as this version allows all types of licenses
within one overlay zone, rather than restricting licenses between two separate
overlay districts.

Motion by Commissioner Rinsema-Sybenga, second by Commissioner Warren,
to approve the ordinance amendment.

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

            Nays: German

MOTION PASSES

2nd READING REQUIRED

   D. Demolition of 1713 and 1747 7th Street AKA Park Street Storage
      Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $220,000 for the demolition, removal of
debris and hard surface foundations, parking lots, etc. that remain at the
location, commonly known as “Park Street Storage”. The building and adjacent
lot is dangerous and abandoned and is a source of public safety issues. The
building has no functional use and is in disrepair.
FINANCIAL IMPACT:      Negative impact on the Public Improvement Fund,
note $150,000.00 was budgeted (17/18).
BUDGET ACTION REQUIRED:        No action at this time (to be reviewed in the
fourth quarter forecast to make adjustments for the additional $70,000.00
needed to complete the project).
STAFF RECOMMENDATION:           Staff recommends approval of the demolition of
1713 and 1747 7th Street.

Motion by Vice Mayor Hood, second by Commissioner Rinsema-Sybenga, to
approve the demolition of 1713 and 1747 7th Street.

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

            Nays: None

MOTION PASSES

                                          Page 8 of 9
ANY OTHER BUSINESS:     Kevin Santos from the Department of Public works
addressed the issue of oak wilt at McGraft Park and the impact the concerns
have had on disc golf at the park.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission meeting adjourned at 6:58 p.m.


                                           Respectfully Submitted,




                                           Ann Marie Meisch, MMC, City Clerk




                                       Page 9 of 9
Date:     May 15, 2018
To:       Honorable Mayor and City Commissioners
From:     Ann Marie Meisch, City Clerk
RE:       Upgrade Cable Connection




SUMMARY OF REQUEST: To approve the purchase and installation of the
necessary products to update the infrastructure for City TV Services.


FINANCIAL IMPACT:    $12,971.17 from Public Relations


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approve the purchase and installation of the
necessary products to update the infrastructure for City TV Services.
                             AGENDA ITEM NO._____________

                  CITY COMMISSION MEETING ___________________



TO:           Honorable Mayor and City Commission


FROM:         Department of Public Works


DATE:         May 22, 2018


SUBJECT:      3rd Coast Rentals Concession/Business Contract for City of Muskegon Parks.


SUMMARY OF REQUEST:
Staff is asking permission to enter into a seasonal contractual agreement, for 2018, with Ron
Rands of “3rd Coast Rentals”, at Pere Marquette Park, located within the City of Muskegon, to
rent Stand-up-Paddle Boards, Jet Skis, Pontoon Boats and various beach items.


FINANCIAL IMPACT:
Concession/Business revenue is $1500.00 for the season.


BUDGET ACTION REQUIRED:
None


STAFF RECOMMENDATION:
Enter into a seasonal Concession/Business contractual agreement, for 2018, with Ron Rands of
“3rd Coast Rentals”.


COMMITTEE RECOMMENDATION:
Date:     5/22/2018

To:       Honorable Mayor and City Commissioners

From:     Department of Public Works

RE:       Resolution Authorizing the Pilot Drinking Water Community Water
          Supply Grant Agreement


SUMMARY OF REQUEST:

The Department of Environmental Quality (DEQ) has approved a Pilot Drinking Water
Community Water Supply Grant for the City of Muskegon and is requesting a resolution
of support. The purpose of the grant is to update our distribution system material
inventory and replace lead service lines. Staff is requesting that a resolution of support
for the project be approved.


FINANCIAL IMPACT:
None.

BUDGET ACTION REQUIRED:
None.

STAFF RECOMMENDATION:
Approve resolution of support for the Pilot Drinking Water Community Water Supply
Grant.
                                       City of Muskegon
                                              RESOLUTION

 Authorizing the Pilot Drinking Water Community Water Supply Grant Agreement


WHEREAS, a pilot drinking water community water supply grant program was established with the
passing of the supplemental budget of the Department of Environmental Quality (“DEQ”); and

WHEREAS, the pilot drinking water community water supply grant program, administered by the DEQ,
provides assistance to municipalities for updating distribution system material inventories and asset
management plans to identify lead service lines and galvanized steel service lines, and replacing lead
service lines and galvanized steel service lines; and

WHEREAS, the City Commissioners do hereby determine it necessary to update inventory of distribution
system material inventory, update and improve an asset management plan to identify lead service lines
and galvanized steel service lines, and replace lead service lines and galvanized steel service lines; and

WHEREAS, it is the determination of the City Commissioners that, at this time, a grant in the aggregate
principal amount not to exceed Six hundred thousand dollars (“Grant”) be requested from the DEQ to
pay for the above-mentioned undertaking(s); and

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Director of Municipal Services, a position currently held by LeighAnn Mikesell, is designated as the
Authorized Representative for purposes of the Grant Agreement.

2. The proposed form of the Grant Agreement between the City of Muskegon and the DEQ is hereby
approved and the Authorized Representative is authorized and directed to execute the Grant
Agreement with such revisions as are agreed to by the Authorized Representative.

3. The Authorized Representative is hereby authorized to take any actions necessary to comply with the
requirements of the DEQ in connection with the issuance of the Grant, including executing and
delivering such other contracts, certificates, documents, instruments, applications and other papers as
may be required by the DEQ or as may be otherwise necessary to affect the approval and delivery of the
Grant.

4. The City Commissioners acknowledge that the Grant Agreement is a contract between the City of
Muskegon and the DEQ.

5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution
are rescinded.
Dated this________ of ________ 20__.




                                       By: ________________________________
                                              Stephen J. Gawron, Mayor



                                       Attest:______________________________
                                               Ann Marie Meisch, City Clerk
Date: May 22, 2018

To:    Honorable Mayor and City Commissioners

From: Parks Department

RE:    Artificial Christmas Tree Hackley Park


SUMMARY OF REQUEST:


The Parks Department is requesting permission to purchase a 30’ LED Artificial Panel Tree with
topper. The cost for the tree is $19,724.00


FINANCIAL IMPACT:


$19,724.00


BUDGET ACTION REQUIRED:


Women’s Division Chamber of Commerce and Downtown BID Board donated $15,000.00. The
reminder will be from a reforecast of the 2017/2018 Parks Budget.


STAFF RECOMMENDATION:


Authorize staff to purchase 30’ LED Artificial Panel Tree to include Topper and shipping costs.
Bronner’s Commercial Display is the sole source company.
Date: May 22, 2018

To:    Honorable Mayor and City Commissioners

From: Parks Department

RE:    Toro Groundsmaster mower


SUMMARY OF REQUEST:


The Parks Department is requesting permission to purchase one (1) Toro 3280 2wd
Groundsmaster mower with recycler deck from Spartan Distributors, the lowest qualified bidder.
The cost for the mower is $19,891.22.


FINANCIAL IMPACT:


$19,891.22


BUDGET ACTION REQUIRED:


None. The amount was budgeted in the 2017/2018 Parks Budget reforecast.


STAFF RECOMMENDATION:


Authorize staff to purchase one (1) Toro Groundsmaster 3280 2wd mower with recycler deck
from Spartan Distributors, the lowest qualified bidder.
Commission Meeting Date: May 22, 2018


Date:      May 16, 2018
To:        Honorable Mayor and City Commission
From:      Community and Neighborhood Services Department (CNS)
RE:       2018 CDBG/HOME Budget Recommendations
______________________________________________________________


SUMMARY OF REQUEST: To approve the 2018 Budget recommendations
for CDBG/HOME Allocations.


FINANCIAL IMPACT: Budget will be published for release of funds request.


BUDGET ACTION REQUIRED: To finalize the budget for the CNS
department and direct staff to publish approved 2018 CDBG/HOME Allocation
and Budget for Release of Funds and Environmental Review of Projects.


STAFF RECOMMENDATION: To approve the 2018 CDBG and HOME
Budgets.


COMMITTEE RECOMMENDATION: The Citizens District Council has made
their recommendations. (See attached spreadsheet)
                                                                                                                        2018
                                                                                  2018 Staff         2018 CDC        Commission
CDBG Organization/Agency                       Activity                           Proposed           Proposed         Approved
COM - Finance              Youth Opportunities/Summer Internships             $       5,000.00   $        5,000.00
COM - CNS                  CDBG Admin **                                      $     187,531.34   $      187,531.34
COM - CNS                  Priority Home Repair                               $     150,000.00   $      125,000.00
COM - CNS                  Services Delivery                                  $      75,000.00   $       75,000.00
COM - CNS                  Residential Façade Program                         $      50,000.00   $       50,000.00
COM - CNS                  Senior Pilot Program                               $            -     $       90,000.00
COM - Finance              Fire Station Bond Repayment                        $     133,400.66   $      133,400.66
COM - Inspections          Dangerous Bldgs - Demolition                       $      50,000.00   $       50,000.00
COM - Inspections          Dangerous Bldgs - Board-Ups                        $      10,000.00   $       10,000.00
COM - Leisure Services     Youth Recreation*                                  $      90,000.00   $       90,000.00
COM - Planning             Code Enforcement Staff                             $      50,000.00   $       25,000.00
COM - Engineering          Smith Ryerson Park                                 $      96,726.00   $       96,726.00
COM - Engineering          Neighborhood Beautification - 3rd St Sidewalks     $      40,000.00   $             -
                                                                      TOTAL   $     937,658.00   $      937,658.00




                                                                                                                        2018
                                                                                  2018 Staff         2018 CDC        Commission
HOME Organization/Agency                       Activity                           Proposed           Proposed         Approved
CHDO Allocation            Housing Affordable Units****                   $          50,000.00   $      100,000.00
CHDO Administration        Administration                                 $           5,000.00   $        5,000.00
COM - CNS                  HOME Administration***                         $          32,768.00   $       32,768.00
COM - CNS                  HOME Rehab Construction *                      $         239,913.00   $      189,913.00
                                                                    TOTAL $         327,681.00   $      327,681.00
                                   AGENDA ITEM NO. _______________
                           CITY COMMISSION MEETING __________________________




TO:         Honorable Mayor and City Commissioners

FROM:       Frank Peterson, City Manager

DATE:       May 16, 2018

RE:         Neighborhood Renovations


SUMMARY OF REQUEST:
The city recently acquired properties at 1531 Beidler, 1078 Second Street, 1067 Grand Street, 248
Mason Street, and 1188 4th Street. All of the properties require extensive renovations prior to being
made available for occupancy. Three of the properties were acquired via tax foreclosure and two via
conventional property acquisition. Staff is seeking approval to invest up to $400,000 in these five
structures. Once renovations are complete, the properties will be sold to as affordable market-rate
residential properties.


FINANCIAL IMPACT:
$400,000 allocated from the Public Improvement Fund over the next two fiscal years.


BUDGET ACTION REQUIRED:
This will be accounted for partially in the 3rd Quarter Reforecast. The remainder of the expenses will be
accounted for in the FY 2018-19 budget.


STAFF RECOMMENDATION:
To authorize the city manager to expend up to $400,000 for the renovation of city-owned structures at
1531 Beidler, 1078 Second Street, 1067 Grand Street, 248 Mason Street, and 1188 4th Street.


COMMITTEE RECOMMENDATION:
                  Commission Meeting Date: May 22, 2018




Date:              May 16, 2018
To:                Honorable Mayor & City Commission
From:              Planning & Economic Development Department
RE:                Public Hearing for Brownfield Plan Amendment
                   and Development and Reimbursement Agreement
                   for Pigeon Hill 4th Street Expansion Project


SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting the
amendment to the Brownfield Plan and to approve the Development and Reimbursement Agreement. The
amendments are for property owned by Pigeon Hill Brewing Company, LLC.

FINANCIAL IMPACT: Brownfield Tax Increment Financing will be used to reimburse the developer and the City for
“eligible expenses” incurred in association with development of the Pigeon Hill 4th Street Expansion project. Pigeon
Hill Brewing Company, LLC cost for the development of the property is approximately $1,313,187 in private
investment, resulting in a substantial increase in the local and school taxes generated by the property.

“Eligible Expenses” would be reimbursed starting in 2019. The estimated tax capture and payment schedule is
included as Tables 1 and 5 in the proposed Brownfield Plan Amendment.

During the last five years of the plan (estimated to be 2040-2044), the BRA is authorized to capture local taxes for
five years for deposit into a Local Brownfield Revolving Fund.

The Development and Reimbursement Agreement provides the structure for the capture of taxes and the
reimbursement to Pigeon Hill Brewing Company, LLC and for eligible expenses.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To hold a public hearing for approval of the Brownfield Plan Amendment for the
Pigeon Hill 4th Street Expansion Project and approve the attached resolution and authorize the Mayor and Clerk to
sign the resolution, and to approve the Development and Reimbursement Agreement between Pigeon Hill Brewing
Company, LLC, the City of Muskegon and the City of Muskegon Brownfield Redevelopment Authority.

COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for May 22, 2018 at
their May 8, 2018 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions. In
addition, the Brownfield Redevelopment Authority approved the Plan amendment and the Development and
Reimbursement Agreement on May 8, 2018 and recommends that the Muskegon City Commission approve the
Plan Amendment and Development and Reimbursement Agreement.
      RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT AND

                DEVELOPMENT AND REIMBURESMENT AGREEMENT

                           Pigeon Hill 4th Street Expansion Project

                                       City of Muskegon

                               County of Muskegon, Michigan



       Minutes of a Regular Meeting of the City Commission of the City of Muskegon,

County of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the

22nd day of May 2018, at 5:30 p.m., prevailing Eastern Time.

PRESENT:       Members

________________________________________________________________________

____________________________________________________________

ABSENT:        Members

__________________________________________________________________

       The    following     preamble   and   resolution   were   offered   by   Commissioner

_________________ and supported by Commissioner _________________:

       WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan,

1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority

(the "Authority") has prepared and approved a Brownfield Plan Amendment to add Pigeon

Hill 4th Street Expansion Project; and

       WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the

City Commission requesting its approval of the Brownfield Plan Amendment; and

       WHEREAS,           the Authority has forwarded the Development and Reimbursement

Agreement to the City Commission requesting its approval of the Development and

Reimbursement Agreement; and
       WHEREAS, the City Commission has provided notice and a reasonable opportunity

to the taxing jurisdictions levying taxes subject to capture to express their views and

recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and

       WHEREAS, not less than 10 days has passed since the City Commission provided

notice of the proposed Brownfield Plan to the taxing units; and

       WHEREAS, the City Commission held a public hearing on the proposed Brownfield

Plan on May 22, 2018.

       NOW, THEREFORE, BE IT RESOLVED, THAT:

       1. That the Brownfield Plan constitutes a public purpose under Act 381.

       2. That the Brownfield Plan meets all the requirements of Section 13(1) of

Act 381.

       3. That the proposed method of financing the costs of the eligible

activities, as identified in the Brownfield Plan and defined in Act 381, is feasible

and the Authority has the authority to arrange the financing.

       4. That the costs of the eligible activities proposed in the Brownfield Plan

are reasonable and necessary to carry out the purposes of Act 381.

       5. That the amount of captured taxable value estimated to result from the

adoption of the Brownfield Plan is reasonable.

       6. That the Brownfield Plan in the form presented is approved and is

effective immediately.

       7. That the Development and Reimbursement Agreement is approved

and is effective immediately.

       8. That all resolutions or parts of resolutions in conflict herewith shall be

and the same are hereby rescinded.

       Be It Further Resolved that the Mayor and City Clerk are hereby

authorized to execute all documents necessary or appropriate to implement the
provisions of the Brownfield Plan.



AYES:          Members

________________________________________________________________________

________________________________________________________________________

______________________________________________________

NAYS:

Members________________________________________________________________

____________________________________________________________



RESOLUTION DECLARED ADOPTED.

                                     _____________________________
                                     Ann Marie Meisch, City Clerk



                                     _____________________________
                                     Stephen J. Gawron, Mayor
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by

the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a

regular meeting held on May 22, 2018, and that said meeting was conducted and public

notice of said meeting was given pursuant to and in full compliance with the Open Meetings

Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of

said meeting were kept and will be or have been made available as required by said Act.



                                             _____________________________
                                             Ann Marie Meisch, City Clerk
                           
                          
                                                  CITY OF MUSKEGON 
                              BROWNFIELD REDEVELOPMENT AUTHORITY 
                                                                     
                                                   BROWNFIELD PLAN 
                                                                     
                                                                 FOR 
                                                                     
                                  PIGEON HILL BREWING COMPANY, LLC 
                                                      895 4TH STREET 
                                               MUSKEGON, MICHIGAN 
 
 
 
 
 
 
    Approved by the Brownfield Redevelopment Authority on: May 8, 2018 
        Approved by the City Commissioners on ______________________ 
 
                                                                          
                                                                          
                                        Prepared with the assistance of: 
                                           Envirologic Technologies, Inc. 
                                                2960 Interstate Parkway 
                                            Kalamazoo, Michigan  49048 
                                                         (269) 342‐1100 
                                                                   TABLE OF CONTENTS 
 

1.  INTRODUCTION AND PURPOSE .......................................................................................................................... 1 
2.  ELIGIBLE PROPERTY INFORMATION ................................................................................................................... 3 
3.  PROPOSED REDEVELOPMENT ............................................................................................................................ 3 
4.  BROWNFIELD CONDITIONS ................................................................................................................................ 4 
5.  BROWNFIELD PLAN ELEMENTS (AS SPECIFIED IN SECTION 13(1) OF ACT 381) ..................................................... 5 
    A.  DESCRIPTION OF COSTS TO BE PAID FOR WITH TAX INCREMENT REVENUES .............................................................................. 5 
    B.  SUMMARY OF ELIGIBLE ACTIVITIES ................................................................................................................................... 6 
    C.  ESTIMATE OF CAPTURED TAXABLE VALUE AND TAX INCREMENT REVENUES ............................................................................. 7 
    D.  METHOD OF FINANCING AND DESCRIPTION OF ADVANCES BY THE MUNICIPALITY ..................................................................... 8 
    E.  MAXIMUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS .................................................................................................. 8 
    F.  DURATION OF BROWNFIELD PLAN ................................................................................................................................... 8 
    G.  ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS  ................................................... 8 
                                                                                                                      .
    H.  LEGAL DESCRIPTION, PROPERTY MAP, STATEMENT OF QUALIFYING CHARACTERISTICS AND PERSONAL PROPERTY .......................... 8 
    I.  ESTIMATES OF RESIDENTS AND DISPLACEMENT OF FAMILIES ................................................................................................ 10 
    J.  PLAN FOR RELOCATION OF DISPLACED PERSONS ............................................................................................................... 10 
    K.  PROVISIONS FOR RELOCATION COSTS ............................................................................................................................. 10 
    L.  STRATEGY FOR COMPLIANCE WITH MICHIGAN’S RELOCATION ASSISTANCE LAW  ..................................................................... 10 
                                                                                                  .
    M.  OTHER MATERIAL THAT THE AUTHORITY OR GOVERNING BODY CONSIDERS PERTINENT .......................................................... 10 
 
                                                                              EXHIBITS 
                          
FIGURE 1: Location Map 
FIGURE 2: Site Plan 
Survey and Legal Description 
         
                                                                    SCHEDULES/TABLES 
 
TABLE 1:  Summary of Eligible Costs 
TABLE 2:  Estimate of Total Captured Incremental Taxes 
TABLE 3:  Estimate of Annual Effect on Taxing Jurisdictions 
TABLE 4:  Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each    
          Taxing Jurisdiction 
TABLE 5:  Estimated Reimbursement Schedule 
 
                                                                        ATTACHMENTS 
 
NOTICE OF PUBLIC HEARING 
NOTICE TO TAXING JURISDICTIONS 
RESOLUTION SUPPORTING A BROWNFIELD PLAN – CITY OF MUSKEGON BRA/DDA 
RESOLUTION APPROVING A BROWNFIELD PLAN – CITY OF MUSKEGON COMMISSIONERS 




                                                                                     i 
                CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY 
                                   BROWNFIELD PLAN 
                           PIGEON HILL BREWING COMPANY, LLC 
                                     895 4TH STREET 
                                 MUSKEGON, MICHIGAN 
                                              
                                              
1.  INTRODUCTION AND PURPOSE 

Envirologic has prepared this Brownfield Plan on behalf of the City of Muskegon Brownfield 
Redevelopment Authority (CMBRA) for 895 4th Street, Muskegon, Michigan. The 895 4th Street 
parcel is currently an asphalt covered parking lot that Pigeon Hill Brewing Company, LLC will 
redevelop as a brewery production facility (Exhibits, Figure 1).  This redevelopment project may 
result in the future completion of additional redevelopment costs within the adjacent public 
right‐of‐ways that would also be considered eligible activity.  Potential future redevelopment 
activities within adjacent right‐of‐ways would require an amendment of this Brownfield Plan to 
be subject to tax increment revenue reimbursement.  The City of Muskegon is a Qualified Local 
Governmental Unit as defined by section 2(k) of the Obsolete Property Rehabilitation Act (OPRA) 
PA 146 of 2000, as amended. The initial phase of redevelopment will consist of the construction 
of a 15,000 square foot pre‐engineered metal and brick building for brewery production, 
designated tasting area, offices, as well as surrounding site improvements. 
 
The proposed project included in this Brownfield Plan will benefit the local community by 
bringing a previously publicly owned parcel back onto the tax rolls generating tax revenues and 
also creating a destination spot that will encourage additional public traffic to the downtown area 
for the City of Muskegon without furthering urban sprawl.  The project also includes temporary 
job creation for construction of the facility and long term job creation for brewery operations. 
 
The subject property is currently an asphalt covered parking lot.  According to historic sources, 
the subject property has had several uses: being part of a lumber yard, a baseball diamond, and 
most recently a parking lot utilized by the L.C. Walker Arena and Event Center.  City of Muskegon 
records indicate that the subject property was purchased by the city in 1963. The deed from the 
purchase of the property indicated that the use of the parking lot was specifically to be utilized as 
parking for the L.C. Walker Arena and Event Center for at least 50 years. 
 
In September of 2008, a report titled Summary Report—Area‐Wide Assessment of Historic Fill of 
Muskegon Lake Shoreline—Muskegon, Michigan was prepared with the intent to delineate 

                                                  1 
locations of historic fill material and determine the contamination associated with the fill 
material throughout the downtown Muskegon area. The subject property falls in the region of 
the Area‐Wide Final Summary Report, with sampling activities in the area indicating that several 
contaminants are present above select Generic Residential Cleanup Criteria (GRCC). The sampling 
locations that were in close vicinity to the subject property demonstrated the presence of select 
metals in soil and groundwater at concentrations in excess of MDEQ cleanup criteria.  Based 
upon the fact that the deposition of fill material occurred regionally across the study area it is 
reasonable to presume that similarly impacted fill is present across the footprint of the subject 
parcel.  This conclusion is supported by the results of the installation of geotechnical borings in 
December 2017 demonstrating the presence of fill material at multiple boring locations across 
the parcel.  The results of the 2008 Area Wide study demonstrates that the 895 4th Street parcel 
meets the definition of a “facility” as defined by Part 201 of the Natural Resources and 
Environmental Protection Act (NREPA) and as defined by the Brownfield Redevelopment 
Financing Act 381, MCL 125.2652(r).   
 
Potential environmental‐related costs include Pre‐Approved Activities conducted by the CMBRA 
and Pigeon Hill Brewing Company, LLC (the developer). These “environmental” costs are eligible 
for reimbursement through the Brownfield Plan and include a Phase I Environmental Site 
Assessment (ESA), Baseline Environmental Assessment (BEA), and Documentation of Due Care 
Compliance (DDCC).  These activities are statutorily eligible to be reimbursed using both school 
and local tax increment revenues without Work Plan approval from the Michigan Department of 
Environmental Quality (MDEQ).  Additional environmental costs to be incurred in the future 
during redevelopment include transport and disposal of contaminated soil, backfill for the 
removal of contaminated soil, and associated dust control. 
 
The project includes “non‐environmental costs” that are eligible for reimbursement through the 
Brownfield Plan. Specific non‐environmental eligible costs include site demolition, site 
preparation activities, and those architecture and engineering fees associated specifically with 
the eligible activities. The development of this Brownfield Plan as well as an Act 381 Work Plan 
are also eligible costs, as well as contingencies. 
 
This Brownfield Plan identifies the eligible environmental and non‐environmental activities that 
have been completed or will be conducted by the CMBRA or Pigeon Hill Brewing Company, LLC 
and which will be reimbursed through the capture of tax increment revenues. An Act 381 Work 
Plan will be prepared to approve the capture of school tax increment revenues for 


                                                      2 
reimbursement.  The property is located within a Downtown Development Authority (DDA) 
district.  The DDA passed a resolution to forego their portion of the tax increment capture in 
support of the project due to its myriad benefits to the community. 
 
The purpose of this plan, to be implemented by the Authority, is to satisfy the requirements for a 
Brownfield Plan as specified in Act 381 of the Public Acts of the State of Michigan of 1996, as 
amended, MCL 125.2651 et. seq., which is known as the “Brownfield Redevelopment Financing 
Act.” Terms used in this document are as defined in Act 381. 
 
2.  ELIGIBLE PROPERTY INFORMATION 

The property subject to this Brownfield Plan consists of a portion of one legal parcel and the 
adjacent public right‐of‐ways.  The 895 4th Street property subject to this Brownfield Plan consists 
of a portion of a larger parent parcel. The tax identification number of the parent parcel is:  61‐24‐
205‐567‐0002‐10. The property subject to this Brownfield Plan is the portion of the parent parcel 
south of Fourth Street, north of Mart (5th) Street, and west of Shoreline Drive and is commonly 
referred to as Parcel B. The legal description for Parcel B was obtained through a legal survey 
conducted by Westshore Consulting (attached). 
 
The 895 4th Street property is currently an asphalt covered parking lot.  The subject property is 
zoned Form Based Code – Downtown Context Area, according to the City of Muskegon zoning 
ordinance.  The redevelopment will complement and support the existing needs of the 
community. 
 
Refer to Figure 1 (Exhibits) for a location map and legal description. 
 
3.  PROPOSED REDEVELOPMENT 

The 895 4th Street property currently consists of an asphalt covered parking lot.  Pigeon Hill 
Brewing Company, LLC intends to construct a brewery production facility with tasting room on 
the property.  The initial phase of proposed redevelopment consists of the construction of a 
15,000 square foot metal and brick building resting on a concrete slab on grade at the north end 
of the property.  The building will include open floor production areas occupying the majority of 
the structure with office, tasting room and administrative space to be located at the north end of 
the building. The construction will include an asphalt covered parking area west of the building 
and a storm water management area/swale along the northwest boundary of the property. 


                                                  3 
 
Pigeon Hill Brewing Company, LLC acquired the subject property from the City of Muskegon on 
December 23, 2017.   Environmental assessments have already been performed and construction 
is scheduled to begin in the Summer of 2018. Redevelopment is anticipated to be complete by 
the Fall of 2018.  The private investment is estimated at $1,313,187.  Pigeon Hill Brewing 
Company, LLC anticipates the creation of five full time equivalent (FTE) jobs within two years of 
project completion. No FTE jobs will be retained as the property is currently vacant.   
 
4.  BROWNFIELD CONDITIONS 

According to historic sources, the subject property has had several uses: being part of a lumber 
yard, a baseball diamond, and most recently a parking lot utilized by the L.C. Walker Arena and 
Event Center.  City of Muskegon records indicate that the subject property was purchased by the 
city in 1963. The deed from the purchase of the property indicated that the use of the parking lot
was specifically to be utilized as parking for the L.C. Walker Arena and Event Center for at least 50 
years. 
 
In September of 2008, a report titled Summary Report—Area‐Wide Assessment of Historic Fill of 
Muskegon Lake Shoreline—Muskegon, Michigan was prepared with the intent to delineate 
locations of historic fill material and determine the contamination associated with the fill 
material throughout the downtown Muskegon area. The subject property falls in the region of 
the Area‐Wide Final Summary Report, with sampling activities in the area indicating that metals 
contaminants are present in shallow fill material at concentrations above select Generic 
Residential Cleanup Criteria (GRCC). The area wide sampling locations that were in close vicinity 
to the subject property demonstrated the presence of chromium and arsenic in soil and 
manganese in groundwater at concentrations in excess of MDEQ cleanup criteria.  Based upon 
the fact that the deposition of fill material occurred regionally across the study area it is 
reasonable to presume that similarly impacted fill is present across the footprint of the subject 
parcel.  This conclusion is supported by the results of the installation of geotechnical borings in 
December 2017 demonstrating the presence of fill material at multiple boring locations across 
the parcel.  Based upon the results of the area wide assessment a Baseline Environmental 
Assessment (BEA) was prepared on behalf of Pigeon Hill Brewing Company, LLC.  The results of 
the 2008 Area Wide study demonstrates that the 895 4th Street parcel meets the definition of a 
“facility” as defined by Part 201 of the Natural Resources and Environmental Protection Act 
(NREPA) and as defined by the Brownfield Redevelopment Financing Act 381, MCL 125.2652(r).   
 

                                                   4 
As such, the property qualifies to be included in the Brownfield Plan as defined by the Brownfield 
Redevelopment Financing Act 381, MCL 125.2652(c)(vii).  Additionally, the adjacent public right‐
of‐ways are contiguous to the “facility” 895 4th Street property. 
 
5.  BROWNFIELD PLAN ELEMENTS (as specified in Section 13(1) of Act 381) 

       A.  Description of Costs to be Paid for with Tax Increment Revenues 
       This Brownfield Plan has been developed to reimburse existing and anticipated costs to be 
       incurred by the CMBRA and Pigeon Hill Brewing Company, LLC (the developer). Tax 
       increment revenues will be captured for reimbursement from both local and school taxes. 
       An Act 381 Work Plan will be prepared for the approval of school tax capture. BEA 
       Activities are statutorily eligible for reimbursement with both local and school tax 
       increment revenues. Specific costs to be paid for with tax increment revenues are detailed 
       in Table 1 and described below. 
        
       Eligible costs for reimbursement include MDEQ environmental Pre‐Approved Activities 
       consisting of a Phase I ESA funded by the CMBRA and a Baseline Environmental 
       Assessment (BEA) and Documentation of Due Care Compliance (DDCC) funded by Pigeon 
       Hill Brewing Company, LLC.  The Phase I ESA was completed at a cost of $3,000 and the 
       BEA was completed at a cost of $2,000.  The preparation of a Documentation of Due Care 
       Compliance (DDCC) report was at a cost of $1,500. The following additional environmental 
       activities were completed or will be completed in support of redevelopment:  transport 
       and disposal of contaminated soil at an estimated cost of $50,000; back‐fill replacement 
       of contaminated soil at a cost of $10,000; and dust control during these activities at a cost 
       of $1,000. 
        
       The project also includes “non‐environmental costs” that are eligible for reimbursement 
       through the Brownfield Plan. Specific non‐environmental eligible costs include site 
       demolition activities, site preparation activities, and those architecture and engineering 
       fees associated specifically with the eligible activities.  Site demolition will include removal 
       of the asphalt parking lot on northern portions of the site for the new building at a cost of 
       $4,000 and curb/gutter demolition for new access points to the property at a cost of 
       $1,000. 
        




                                                  5 
    Site preparation activities will include:  the transport and disposal of soils that are 
    unsuitable for construction ($125,000); backfill of the removed soil ($30,000); dust control 
    ($1,000); dewatering (5 days @ $5,000/day = $25,000); geotechnical engineering ($6,400); 
    grading (3,333 square yards @ $1.50/square yard = $5,000); land balancing (3,333 square 
    yards @ $1.50/square yard = $5,000); staking ($4,000); temporary erosion control (400 
    linear foot @ $6.25/linear foot = $2,500); and temporary facility (6 months @ 
    $300\month = $1,800). 
     
    The development of the Brownfield Plan and Act 381 Work Plan are also eligible activities, 
    estimated at a proposed cost of $7,000 each.  
     
    The Plan also includes Administrative Costs of the CMBRA.  For the purposes of this Plan 
    the Administrative Costs of the CMBRA were projected by calculating 10% of the cost of 
    total eligible activities inclusive of contingencies.  While the attached Table 5 indicates a 
    consistent annual capture for Administrative Costs beginning the first year of tax capture 
    in 2019; the CMBRA may choose at their discretion to not begin capture of Administrative 
    Costs for some period of time after tax increment revenue capture begins.  As such, the 
    capture of tax increment for Administrative Costs may not proceed as detailed in Table 5.  
    Regardless of when tax increment capture for Administrative Costs begins the capture of 
    tax increment for Administrative Costs will not exceed 10% of eligible activities inclusive 
    of contingencies. 
     
    Interest expense is an eligible expense and is included in this Brownfield Plan at 2.5%. 
 
    The total potential brownfield eligible activity costs—including contingencies, financing 
    costs, administrative fees, preparation of the Brownfield Plan and Act 381 Work Plan — 
    are estimated at $498,558.57. 
     
    B.  Summary of Eligible Activities 
    Completed environmental activities include a Phase I ESA, Baseline Environmental 
    Assessment (BEA), and Documentation of Due Care Compliance (DDCC).  Additional 
    environmental activities to be conducted include:  transport and disposal of contaminated 
    soil; backfill replacement of removed contaminated soil; and dust control during these 
    activities. 
 

                                               6 
    Non‐environmental activities include:  site demolition; site preparation, and those 
    architecture and engineering fees associated specifically with the eligible activities. 
 
    The development of the Brownfield Plan and Act 381 Work Plan, administrative costs of 
    the Authority, interest expense, and contingencies are also eligible activities. 
 
    C.  Estimate of Captured Taxable Value and Tax Increment Revenues 
    For the purposes of this plan, the initial taxable value is the value of the eligible property 
    in the current 2018 taxable value of $74,200. The eligible activities not yet completed will 
    be initiated in the Spring of 2018 with an expected project completion date in the Fall of 
    2018. This Plan anticipates that the increment will first be available for capture with the 
    2019 summer and winter taxes. The increase in taxable value will come from a 
    combination of putting the publicly owned 895 4th Street parcel back on the tax rolls in 
    addition to the increase in taxable value associated with construction of the 15,000 
    square foot brewery production facility with tasting room. 
     
    The planned redevelopment activities and investment for the project was provided to the 
    City of Muskegon Assessor in support of estimating the future taxable value of the 
    property.  The City of Muskegon Assessor projects a value of the building at $1,164,575, 
    land improvements valued at $26,612, and a land value of $122,000.  Together these 
    provide an estimated true cash value of $1,313,187 and a resulting future taxable value 
    estimate of $656,600. 
     
    Based upon the December 2017 purchase of the property by Pigeon Hill Brewing 
    Company, LLC the vacant lot has an initial taxable value of $74,200.  As such; a tax 
    increment of $582,400 is anticipated. 
     
    The estimated captured taxable value for this redevelopment by year and in aggregate for 
    each taxing jurisdiction is depicted in tabular form (Tables 2, 3, and 4). 
     
    A summary of the estimated reimbursement schedule and the amount of capture into the 
    Local Brownfield Revolving Fund (LBRF) by year and in aggregate is presented as Table 5. 
    Once eligible expenses are reimbursed, the Authority may capture up to five full years of 
    the tax increment and deposit the revenues into an LBRF.   
 

                                               7 
    D.  Method of Financing and Description of Advances by the Municipality 
    The Phase I ESA was financed by the CMBRA through the use of EPA grant funds on behalf 
    of Pigeon Hill Brewing Company, LLC.   All other BEA activities were funded or will be 
    funded by Pigeon Hill Brewing Company, LLC. Non‐environmental costs will be incurred by 
    the developer. Eligible costs will be reimbursed through tax increment financing and other 
    leveraged incentives. Eligible activities do include interest expense (financing costs). 
    Interest will be calculated at 2.5% annually on unreimbursed principal costs. Simple 
    interest will be paid after all principal is paid. The environmental assessment costs are 
    statutorily approved for reimbursement with both local and school tax increment 
    revenues. 
     
    No advances by the municipality have been made or are anticipated. 
     
    E.  Maximum Amount of Note or Bonded Indebtedness  
    At this time, there are no plans by the Authority to incur indebtedness to support 
    development of this site, but such plans could be made in the future to assist in the 
    development if the Authority so chooses. 
     
    F.  Duration of Brownfield Plan 
    The Authority intends to begin capture of tax increment in 2019. This Plan will then 
    remain in place until the eligible activities have been fully reimbursed and up to five full 
    years of capture into the LBRF is complete or 30 years, whichever occurs sooner.   
     
    G.  Estimated Impact of Tax Increment Financing on Revenues of Taxing Jurisdictions 
    The estimated amount of tax increment revenues to be captured for this redevelopment 
    from each taxing jurisdiction by year and in aggregate is presented as Table 4.   
 
    H.  Legal Description, Property Map, Statement of Qualifying Characteristics and 
    Personal Property 
    The 895 4th Street parcel subject to this Brownfield Plan consists of a portion of a larger 
    parent parcel. The tax identification number of the parent parcel is:  61‐24‐205‐567‐0002‐
    10. The property subject to this Brownfield Plan is the portion of the parent parcel south 
    of Fourth Street and is commonly referred to as Parcel B. The legal description for Parcel B 
    was obtained through a legal survey conducted by Westshore Consulting (attached).  A 


                                               8 
    legal description of the 895 4th Street property subject to this Brownfield Plan is presented 
    below: 
 
    PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, 
    LIBER 3, PAGE 71 DESCRIBED AS FOLLOWS: 
     
    COMMENCING AT A FOUND VERTICAL RAILROAD RAIL ON THE LINE BETWEEN 
    BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS, NORTHWESTERLY OF THE 
    NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40 DEGREES 43 MINUTES 49 
    SECONDS EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563, A DISTANCE OF 
    200.00 FT., THENCE SOUTH 34 DEGREES 26 MINUTES 46 SECONDS WEST, A 
    DISTANCE OF 416.28 FEET, THENCE SOUTH 34 DEGREES 29 MINUTES 42 SECONDS 
    WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF BEGINNING; 
     
    THENCE SOUTH 38 DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65 
    FEET; 
     
    THENCE SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET 
    NORTHWESTERLY OF THE RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES 
    TO THE EXISTING RAILROAD, A DISTANCE OF 260.28 FEET (CURVE DATA BEING, 
    RADIUS=1,777.07 FEET, DELTA=8 DEGREES 23 MINUTES 30 SECONDS, LONG CHORD 
    AND BEARING= =SOUTH 32 DEGREES 23 MINUTES 20 SECONDS WEST, 260.04 
    FEET); 
     
    THENCE SOUTH 36 DEGREES 3 MINUTES 4 SECONDS WEST, ALONG A LINE 40 FEET 
    NORTHWESTERLY OF THE RAILROAD CENTERLINE, AS MEASURED AT RIGHT ANGLES 
    TO THE EXISTING RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY 
    LINE OF BLOCK 567; 
     
    THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID 
    SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET 
     
    THENCE NORTH 34 DEGREES 27 MINUTES 11 SECONDS EAST, A DISTANCE OF 
    385.66 FEET TO THE POINT OF BEGINNING. 
     
    SAID PARCEL CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS. 
     
    In addition to the above described 895 4th Street parcel the adjacent 4th Street, Martin 
    Street (5th Street), and Shoreline Drive right‐of‐ways are contiguous to the 895 4th Street 
    parcel and also considered eligible property for the purposes of this Brownfield Plan. 
     
    The property meets the definition of a “brownfield” as defined by Public Act 381, the 
    Brownfield Redevelopment Financing Act of 1996, as amended, based upon the fact that 

                                              9 
the 895 4th Street parcel meets the definition of a “facility” as defined by Part 201 of 
NREPA.  The “facility” designation is based upon the presence of select metals in shallow 
soil and groundwater attributable to the historic regional deposition of urban fill material 
along the Muskegon River including within the area of the project site.  Further 
description of “facility” conditions is described in Section 4 of this Brownfield Plan.  
 
This Brownfield Plan does intend to capture tax increment revenues associated with 
personal property tax, if available. 
 
I.  Estimates of Residents and Displacement of Families 
This property is a parking lot. Therefore, there are no plans for displacement of families. 
 
J.  Plan for Relocation of Displaced Persons 
Not applicable. 
 
K.  Provisions for Relocation Costs 
Not applicable. 
 
L.  Strategy for Compliance with Michigan’s Relocation Assistance Law 
Not applicable. 
 
M.  Other Material that the Authority or Governing Body Considers Pertinent 
Not applicable. 
 




                                          10 
                                            EXHIBITS 
                 
FIGURE 1: Location Map 
FIGURE 2: Site Plan 
         
                                       SCHEDULES/TABLES 
 
TABLE 1:  Summary of Eligible Costs 
TABLE 2:  Estimate of Total Captured Incremental Taxes 
TABLE 3:  Estimate of Annual Effect on Taxing Jurisdictions  
TABLE 4:  Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each    
          Taxing Jurisdiction 
TABLE 5:  Estimated Reimbursement Schedule 
 
                                         ATTACHMENTS 
 
NOTICE OF PUBLIC HEARING 
NOTICE TO TAXING JURISDICTIONS 
RESOLUTION SUPPORTING A BROWNFIELD PLAN – CITY OF MUSKEGON BRA/DDA 
RESOLUTION APPROVING A BROWNFIELD PLAN – CITY OF MUSKEGON COMMISSION 
 
              EXHIBITS 
                             
        FIGURE 1:  Location Map 
        FIGURE 2:  Site Plan 
        SURVEY AND LEGAL DESCRIPTION 
     
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                                                      CAPABILITIES SET TO THE MICHIGAN GEOREF SYSTEM PROJECTION, AND NATIONAL
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                                                      AGRICULTURAL IMAGERY PROGRAM (NAIP) 2005 GEOREFERENCED IMAGERY OBTAINED                                                                                                                                                                                                                                                                                                                                                                                                 FIGURE No.
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                                                                                                                                                                                                    KALAMAZOO, MICHIGAN 49048
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                                                                                                                  KALAMAZOO, MICHIGAN 49048
                                                                                                                  PH: (269) 342-1100 FAX: (269) 342-4945
                        SCHEDULES/TABLES 
                                   
    TABLE 1:  Summary of Eligible Costs 
    TABLE 2:  Estimate of Total Captured Incremental Taxes 
    TABLE 3:  Estimate of Annual Effect on Taxing Jurisdictions        
    TABLE 4:  Captured Taxable Value and Tax Increment Revenue              
              by Year and Aggregate for Each Taxing Jurisdiction 
    TABLE 5:  Estimated Reimbursement Schedule 
     
                 




                                   
                                                                                            Table 1

                                                                                 Summary of Eligible Activities

                                                                         Pigeon Hill Brewing Redevelopment Project
                                                                                        Muskegon, MI




Eligible Activities                                                                            Estimated Cost         State and Local         Local Only Costs       State Only Costs
Environmental Activities - MDEQ Eligible (State & Local)
Pre-Approved Activities                                                                        $           5,000.00
       Phase I Environmental Site Assessment - CMBRA                                           $                -     $            3,000.00   $                  -   $                  -
      Baseline Environmental Assessment (BEA) - Pigeon Hill                                    $                  -   $            2,000.00   $                  -   $                  -

Due Care Activities                                                                            $           1,500.00   $                 -     $                  -   $                  -
     Documentation of Due Care Compliance (DDCC) - Pigeon Hill                                                        $            1,500.00


Response Activities - Pigeon Hill                                                              $         61,000.00    $                -      $                  -   $                  -
     Transport & Disposal of Contaminated Soil                                                                        $          50,000.00
     Fill - Backfill of Environmental Removals                                                                        $          10,000.00
     Dust Control                                                                                                     $           1,000.00

MSF Non Environmental Activities (State & Local-QLGU) - Pigeon Hill
      Site Demolition                                                                          $           5,000.00                           $                  -   $                  -
                                      Parking Lot                                                                     $            4,000.00
                                      Curbs & Gutters                                                                 $            1,000.00
      Site Preparation                                                                         $        205,700.00                            $                  -   $                  -
                                      Transport & Disposal of Unsuitabe Soil                                          $         125,000.00
                                      Fill - Backfill of Soil Removal                                                 $          30,000.00
                                      Dust Control                                                                    $           1,000.00
                                      Dewatering                                                                      $          25,000.00
                                      Geotechnical Engineering                                                        $           6,400.00
                                      Grading                                                                         $           5,000.00
                                      Land Balancing                                                                  $           5,000.00
                                      Staking                                                                         $           4,000.00
                                      Temporary Erosion Control                                                       $           2,500.00
                                      Temporary Facility                                                              $           1,800.00

      A/E Fees Associated with Eligible Activities                                             $         10,000.00    $          10,000.00    $                  -   $                  -

TOTAL COSTS OF ELIGIBLE ACTIVITIES                                                             $        288,200.00    $         288,200.00    $                -     $                  -
    Financing Costs (2.5%)*                                                                    $         91,796.51    $          91,796.51    $                -     $                  -
    Contingencies (15%)                                                                        $         44,355.00    $          44,355.00    $                -     $                  -
    Administrative Costs of the Authority (10% of eligible activities)                         $         34,655.50    $                -      $          34,655.50   $                  -
    Brownfield Plan - Pigeon Hill                                                              $          7,000.00    $           7,000.00    $                -     $                  -
    Act 381 Work Plan - Pigeon Hill                                                            $          7,000.00    $           7,000.00    $                -     $                  -
TOTAL REIMBURSEMENTS                                                                           $        473,007.01    $         438,351.51    $          34,655.50   $                  -

      Total for CMBRA (without Admin)                                                          $          3,000.00    $           3,000.00    $                -     $               -
      Total for Developer with contingency & interest                                          $        435,351.51    $         435,351.51    $                -     $               -
      Captured and Disbursed to State Brownfield Redevelopment Fund                            $         41,932.80    $                -      $                -     $         41,932.80
      Additional Capture for LBRF                                                              $        130,025.07    $                -      $          96,470.82   $         33,554.25
TOTAL CAPTURE                                                                                  $      644,964.88      $       438,351.51      $      131,126.32      $       75,487.05

*Simple interest paid after all principal is paid,
Interest paid on unreimbursed principal costs (debt), accrued annually at 2.5%
                                                                                              Table 2

                                                                          Estimate of Total Captured Incremental Taxes

                                                                           Pigeon Hill Brewing Redevelopment Project
                                                                                          Muskegon, MI




                                                                                                                                              Available for
         Annual Total                           Tax Revenues from       Estimated Future      Estimated Future Tax       Incremental Tax
 Year                 Initial Taxable Value                                                                                                     Authority
          Millage†                             Initial Taxable Value     Taxable Value             Revenues                 Revenues
                                                                                                                                             Disbursements
 2019          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2020          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2021          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2022          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2023          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2024          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2025          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2026          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2027          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2028          30.1741 $             74,200.00 $             2,238.92 $          656,600.00   $         19,812.31    $          17,573.40   $     15,826.20
 2029          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2030          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2031          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2032          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2033          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2034          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2035          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2036          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2037          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2038          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2039          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     29,905.19
 2040          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     31,652.39
 2041          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     31,652.39
 2042          54.3482 $             74,200.00 $             4,032.64 $          656,600.00   $         35,685.03    $          31,652.39   $     31,652.39
 2043          30.3482 $             74,200.00 $             2,251.84 $          656,600.00   $         19,926.63    $          17,674.79   $     17,674.79
 2044          30.3482 $             74,200.00 $             2,251.84 $          656,600.00   $         19,926.63    $          17,674.79   $     17,674.79
         TOTAL                                                                                                       $         654,217.03   $    617,525.83
† - Does not include debt millages
* - Total includes five year future capture to Local Brownfield Revolving Fund

Term of Industrial Facilities Tax abatement
                                                                                                                                      Table 3

                                                                                                              Estimate of Annual Effect on Taxing Jurisdictions
                                                                                                                        During IFT Abatement Period

                                                                                                                Pigeon Hill Brewing Redevelopment Project
                                                                                                                               Muskegon, MI




SUMMER TAXES1
                                                State Ed
Taxing Jurisdiction                               Tax⁷    County Oper.                                         Total
Millage                                                 6        2.8492                                           8.8492
Initial Taxable Value⁴    $     74,200.00     $ 445.20 $        211.41                                       $ 656.61
Future Taxable Value⁵     $    656,600.00     $ 3,939.60 $    1,870.78                                       $ 5,810.38
Captured Taxable Value    $    582,400.00     $ 3,494.40 $    1,659.37                                       $ 5,153.77


                     2
WINTER TAXES

                                                County     County       Senior Cit   Central     Comm          Comm.                                           Hackley                                                               MPS Debt    Streetlight
Taxing Jurisdiction                             Museum     Veterans        Svc       Dispatch    College     College Debt  MAISD      City Oper.  City San.    Library       Hackley Debt   MPS Oper.    MPS Sink.   MPS Debt 1995    2009          LED          Total
Millage                                          0.16105        0.0376         0.25        0.15   1.10185            0.17       2.379      5.0454         1.5         1.2         0.24995             9       0.5000         2.0400      1.3000       0.0000      25.08485
Initial Taxable Value⁴    $     74,200.00     $    11.95 $        2.79 $     18.55 $     11.13 $     81.76   $     12.61 $ 176.52 $ 374.37 $          111.30 $     89.04     $      18.55   $ 667.80 $         37.10 $      151.37 $     96.46 $          -  $    1,861.30
Future Taxable Value⁵     $    656,600.00     $ 105.75 $        24.69 $ 164.15 $         98.49 $ 723.47      $ 111.62 $ 1,562.05 $ 3,312.81 $         984.90 $    787.92     $    164.12    $ 5,909.40 $     328.30 $     1,339.46 $    853.58 $          -  $   16,470.71
Captured Taxable Value    $    582,400.00     $    93.80 $      21.90 $ 145.60 $         87.36 $ 641.72      $       -    $ 1,385.53 $ 2,938.44 $     873.60 $    698.88     $        -     $ 5,241.60 $     291.20 $           -   $       -   $         -  $   12,419.62



1. Based on millages from 2017 taxes with IFT abatement                                                                     Total Millage during IFT Term                                                     33.9341
2. Based on millages from 2017 taxes with IFT abatement                                                                    Total Annual Future Tax Liability                                           $    22,281.10
3. Half of captured SET conveyed to State Brownfield Redevelopment Fund                                                    Total Capturable Local Millages                                                    15.1741
4. Based on 2018 taxable value                                                                                             Total Annual Capturable Local Tax Increment                                 $     8,837.40
5. Estimate established by county assessor                                                                                 Total Capturable School Millages                                                   15.0000
6. IFT Terms are 10 years and essentially reduce millage rates by 50%                                                      Total Annual Capturable School Tax Increment                                $     8,736.00
7. SET during IFT will be established by Dept. of Treasury                                                                 Total School and Local Tax Increment Revenue/Yr                             $    17,573.40
   SET may be abated 100%, 50% or not at all                                                                               Total Capturable School and Local Millages                                         30.1741
8. Debt millages and special assessments not capturable

School/Local ratio       49.71%/50.29%
                                                                                                                                      Table 3B

                                                                                                               Estimate of Annual Effect on Taxing Jurisdictions
                                                                                                                     Without IFT/Post- Abatement Period

                                                                                                                 Pigeon Hill Brewing Redevelopment Project
                                                                                                                                Muskegon, MI




SUMMER TAXES1

Taxing Jurisdiction                           State Ed Tax   County Oper.                                     Total
Millage                                                  6         5.6984                                      11.6984
Initial Taxable Value⁴    $      74,200.00    $ 445.20       $    422.82                                    $ 868.02
Future Taxable Value⁵     $     656,600.00    $ 3,939.60     $  3,741.57                                    $ 7,681.17
Captured Taxable Value    $     582,400.00    $ 3,494.40     $  3,318.75                                    $ 6,813.15



WINTER TAXES2

                                                County     County       Senior Cit   Central    Comm          Comm.                                         Hackley                                                               MPS Debt   Streetlight
Taxing Jurisdiction                             Museum     Veterans        Svc       Dispatch   College     College Debt  MAISD      City Oper. City San.   Library        Hackley Debt MPS Oper.     MPS Sink.   MPS Debt 1995    2009         LED          Total
Millage                                            0.3221       0.0752          0.5         0.3    2.2037           0.34       4.758    10.0908           3         2.4          0.4999           18       1.0000         4.0800     2.6000       0.0000       50.1697
Initial Taxable Value⁴    $      74,200.00    $    23.90 $        5.58 $     37.10 $     22.26 $ 163.51     $     25.23 $ 353.04 $ 748.74 $        222.60 $    178.08      $     37.09 $ 1,335.60 $         74.20 $      302.74 $   192.92 $          -  $    3,722.59
Future Taxable Value⁵     $     656,600.00    $ 211.49 $        49.38 $ 328.30 $ 196.98 $ 1,446.95          $ 223.24 $ 3,124.10 $ 6,625.62 $ 1,969.80 $ 1,575.84           $    328.23 $ 11,818.80 $      656.60 $     2,678.93 $ 1,707.16 $          -  $   32,941.43
Captured Taxable Value    $     582,400.00    $ 187.59 $        43.80 $ 291.20 $ 174.72 $ 1,283.43          $       -    $ 2,771.06 $ 5,876.88 $ 1,747.20 $ 1,397.76       $        -   $ 10,483.20 $     582.40 $           -   $      -   $         -  $   24,839.24



1. Based on millages from 2017 taxes                                                                                      Total Millage                                                                   61.8681
2. Based on millages from 2017 taxes                                                                                     Total Annual Future Tax Liability                                          $    40,622.59
3. Half of captured SET conveyed to State Brownfield Redevelopment Fund                                                  Total Capturable Local Millages                                                  30.3482
4. Based on 2018 taxable value                                                                                           Total Annual Capturable Local Tax Increment                                $    17,674.79
5. Estimate established by county assessor                                                                               Total Capturable School Millages                                                 24.0000
6. Debt millages and special assessments not capturable                                                                  Total Annual Capturable School Tax Increment                               $    13,977.60
                                                                                                                         Total School and Local Tax Increment Revenue/Yr                            $    31,652.39
School/Local ratio       49.71%/50.29%                                                                                   Total Capturable School and Local Millages                                       54.3482
                                                                                                                                                                     Table 4

                                                                            Captured Taxable Value and Tax Increment Revenue by Year and Aggregate for Each Taxing Jurisdiction

                                                                                                                                        Pigeon Hill Brewing Redevelopment Project
                                                                                                                                                       Muskegon, MI




  Year   Captured Taxable Value       State Ed Tax           County Oper.      County Museum    County Veterans       Senior Cit Svc    Central Dispatch   Comm College        MAISD               City Oper.         City San.         Hackley Library        MPS Oper.           MPS Sink.
                                                     6                2.8492         0.16105             0.0376                  0.25               0.15         1.10185               2.379             5.0454                   1.5                1.2                   9               0.5         Total

  2019   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2020   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2021   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2022   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2023   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2024   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2025   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2026   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2027   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
  2028   $         582,400.00     $         3,494.40     $          1,659.37   $       93.80    $         21.90   $           145.60    $         87.36    $      641.72   $      1,385.53     $       2,938.44   $         873.60      $        698.88    $      5,241.60     $        291.20     $     17,573.40
                                                     6               5.6984           0.3221             0.0752                   0.5                0.3          2.2037            4.758              10.0908                     3                2.4                 18                     1
  2029   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2030   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2031   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2032   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2033   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2034   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2035   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2036   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2037   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2038   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2039   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2040   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2041   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2042   $         582,400.00     $         3,494.40     $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76    $     10,483.20     $        582.40     $     31,652.39
  2043   $         582,400.00                            $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76                        $        582.40     $     17,674.79
  2044   $         582,400.00                            $          3,318.75   $      187.59    $         43.80   $           291.20    $        174.72    $    1,283.43   $      2,771.06     $       5,876.88   $       1,747.20      $      1,397.76                        $        582.40     $     17,674.79
  TOTAL CAPTURED TAXES            $        83,865.60     $        69,693.71    $     3,939.41   $        919.73   $          6,115.20   $      3,669.12    $   26,952.13   $     58,192.24     $     123,414.52   $      36,691.20      $     29,352.96    $    199,180.80     $     12,230.40     $    654,217.03


1. Half of SET conveyed to State Brownfield Redevelopment Fund
                                                                                                                                                                                                          Table 5
                                                                                                                                                                                           Estimated Reimbursement Schedule
                                                                                                                                                                                        Pigeon Hill Brewing Redevelopment Project




                                                                                                                                                                                         Funds Disbursed
                                                                                                                                                                                                                                                                                                                                                             Interest Calculation

                                                                                                                                                                                                                                                                                                  Local            Local
  Year                Incremental Taxes Capturable                                                                                                                                                                                                     Brownfield                                                                                         Principal Remaining
                                                                      Authority        Authority     Authority          Developer         Developer                                                                                                                        Administrative      Brownfield       Brownfield          Principal Due
                                                                                                                                                                                             Developer                                               Redevelopment                                                                                             (Year End)               Interest Accrued
                                                                      (School)          (Local)     (Aggregate)         (School)           (Local)                                                                                                                            Fees           Revolving Fund   Revolving Fund         (Developer)
                                                                                                                                                                                                                                                         Fund                                                                                                 (Developer)
                                                                                                                                                                                                                                                                                                (school)          (Local)

                School           Non-School         Aggregate                                                                                              Principal Balance   Principal Payment       Interest Balance       Interest Payment

  2019      $    8,736.00    $      8,837.40    $     17,573.40   $    1,400.00    $     1,600.00   $   3,000.00    $     5,588.80    $     5,587.13   $         343,555.00    $       11,175.93   $           8,588.88                          $          1,747.20   $          1,650.26                                      $        343,555.00   $             332,379.07      $              8,588.88
  2020      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         332,379.07    $       14,175.93   $           8,309.48                          $          1,747.20   $          1,650.26                                      $        332,379.07   $             318,203.13      $              8,309.48
  2021      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         318,203.13    $       14,175.93   $           7,955.08                          $          1,747.20   $          1,650.26                                      $        318,203.13   $             304,027.20      $              7,955.08
  2022      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         304,027.20    $       14,175.93   $           7,600.68                          $          1,747.20   $          1,650.26                                      $        304,027.20   $             289,851.26      $              7,600.68
  2023      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         289,851.26    $       14,175.93   $           7,246.28                          $          1,747.20   $          1,650.26                                      $        289,851.26   $             275,675.33      $              7,246.28
  2024      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         275,675.33    $       14,175.93   $           6,891.88                          $          1,747.20   $          1,650.26                                      $        275,675.33   $             261,499.40      $              6,891.88
  2025      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         261,499.40    $       14,175.93   $           6,537.48                          $          1,747.20   $          1,650.26                                      $        261,499.40   $             247,323.46      $              6,537.48
  2026      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         247,323.46    $       14,175.93   $           6,183.09                          $          1,747.20   $          1,650.26                                      $        247,323.46   $             233,147.53      $              6,183.09
  2027      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         233,147.53    $       14,175.93   $           5,828.69                          $          1,747.20   $          1,650.26                                      $        233,147.53   $             218,971.59      $              5,828.69
  2028      $    8,736.00    $      8,837.40    $     17,573.40                                                     $     6,988.80    $     7,187.13   $         218,971.59    $       14,175.93   $           5,474.29                          $          1,747.20   $          1,650.26                                      $        218,971.59   $             204,795.66      $              5,474.29
  2029      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $         204,795.66    $       28,254.93   $           5,119.89                          $          1,747.20   $          1,650.26                                      $        204,795.66   $             176,540.73      $              5,119.89
  2030      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $         176,540.73    $       28,254.93   $           4,413.52                          $          1,747.20   $          1,650.26                                      $        176,540.73   $             148,285.80      $              4,413.52
  2031      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $         148,285.80    $       28,254.93   $           3,707.15                          $          1,747.20   $          1,650.26                                      $        148,285.80   $             120,030.87      $              3,707.15
  2032      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $         120,030.87    $       28,254.93   $           3,000.77                          $          1,747.20   $          1,650.26                                      $        120,030.87   $              91,775.94      $              3,000.77
  2033      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $          91,775.94    $       28,254.93   $           2,294.40                          $          1,747.20   $          1,650.26                                      $         91,775.94   $              63,521.01      $              2,294.40
  2034      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $          63,521.01    $       28,254.93   $           1,588.03                          $          1,747.20   $          1,650.26                                      $         63,521.01   $              63,521.01      $              1,588.03
  2035      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $          35,266.08    $       28,254.93   $             881.65                          $          1,747.20   $          1,650.26                                      $         35,266.08   $              35,266.08      $                881.65
  2036      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53   $           7,011.15    $        7,011.15   $             175.28   $          21,243.78   $          1,747.20   $          1,650.26                                      $          7,011.15   $               7,011.15      $                175.28
  2037      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53                                                                      $          28,254.93   $          1,747.20   $          1,650.26
  2038      $   13,977.60    $     17,674.79    $     31,652.39                                                     $    12,230.40    $    16,024.53                                                                      $          28,254.93   $          1,747.20   $          1,650.26
  2039      $   13,977.60    $     17,674.79    $     31,652.39                                                     $     6,115.20    $     7,927.67                                                                      $          14,042.87   $          1,747.20   $          1,650.26   $     6,115.20         $8,096.86
  2040      $   13,977.60    $     17,674.79    $     31,652.39                                                                                                                                                                                  $          1,747.20                         $    12,230.40        $17,674.79
  2041      $   13,977.60    $     17,674.79    $     31,652.39                                                                                                                                                                                  $          1,747.20                         $    12,230.40        $17,674.79
  2042      $   13,977.60    $     17,674.79    $     31,652.39                                                                                                                                                                                  $          1,747.20                         $     2,978.25        $17,674.79
  2043                       $     17,674.79    $     17,674.79                                                                                                                                                                                                                                                    $17,674.79
  2044                       $     17,674.79    $     17,674.79                                                                                                                                                                                                                                                    $17,674.79
   Totals   $ 283,046.40     $    371,170.63    $    654,217.03   $    1,400.00    $     1,600.00   $   3,000.00    $ 196,907.20      $ 238,444.31                             $      343,555.00   $          91,796.51   $          91,796.51   $         41,932.80   $        34,655.50    $    33,554.25   $    96,470.82                                                        $             91,796.51


Note: The estimated taxable value and resulting tax increment may vary. The available tax increment will be captured accordingly over time until the eligible costs are reimbursed.
*Simple interest paid after all principal is paid, 2036 is final reimbursement and commencement of interest payment
The amount of school tax captured into the LBRF is limited to the proportional amount of school taxes captured for environmental activities            $          33,554.25
The remaining amount of school tax capture in 2042 will be returned to the schools
Term of Industrial Facilities Tax Abatement
Administrative fees were calculated as 10% of eligible activities, inclusive of contingencies
                        ATTACHMENTS 
                                
    Notice of Public Hearing 
    Notice to Taxing Jurisdictions 
    Resolution Supporting a Brownfield Plan – City of Muskegon BRA/DDA 
    Resolution Approving a Brownfield Plan – City of Muskegon Commission 
                      
                      
                                    
                                   
                                   
                                   
 




                                
                             CITY OF MUSKEGON
                   COUNTY OF MUSKEGON, STATE OF MICHIGAN

    PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD PLAN,
     AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT
                                AUTHORITY

TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:

       PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on May 22, 2018, at 5:30 p.m., prevailing
Eastern Time in the City Hall Commission Chambers located at 933 Terrace Street,
Muskegon, MI, to consider the adoption of a resolution approving a Brownfield Plan
Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act
381 of the Public Acts of Michigan of 1996, as amended.

        The property to which the proposed Brownfield Plan Amendment applies is:

                     Pigeon Hill Brewing Company, LLC
                                895 Fourth St
                           Muskegon, MI 49440

Copies of the proposed Brownfield Plan Amendment are on file at the office of the City
Clerk for inspection during regular business hours.

       At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval of the
Brownfield Plan Amendments for the City of Muskegon Brownfield Redevelopment
Authority. All aspects of the Brownfield Plan Amendments will be open for discussion at
the public hearing.

        FURTHER INFORMATION may be obtained from the City Clerk.

      This notice is given by order of the City Commission of the City of Muskegon,
Michigan.


                                                      Ann Marie Meisch, City Clerk
 
                                  NOTICE OF PUBLIC HEARING
                                     CITY OF MUSKEGON
                                   (TAXING JURISDICTIONS)

        Notice is hereby given that the City of Muskegon will hold a public hearing as part of their
regular City Commission meeting scheduled for Tuesday, May 22, 2018 at 5:30 p.m., or as soon
thereafter as possible, in the City Commission Chambers, City Hall, 933 Terrace Street, Muskegon,
Michigan, on the adoption of a proposed resolution approving a Brownfield Redevelopment Plan
Amendment for the property located at 895 Fourth Street, a vacant parcel located at the corner of
Fourth Street and Shoreline Drive.

        The property subject to this Brownfield Plan consists of a portion of one legal parcel and the
adjacent public right‐of‐ways. The 895 4th Street property subject to this Brownfield Plan consists of a
portion of a larger parent parcel. The tax identification number of the parent parcel is:
61‐24‐205‐567‐0002‐10. The property subject to this Brownfield Plan is the portion of the parent
parcel south of Fourth Street, north of Mart (5th) Street, and west of Shoreline Drive and is commonly
referred to as Parcel B. The legal description for Parcel B was obtained through a legal survey
conducted by Westshore Consulting and reads as follows:

       PART OF LOT 2, BLOCK 567 REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, LIBER
       3, PAGE 71 DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND VERTICAL RAILROAD
       RAIL ON THE LINE BETWEEN BLOCKS 567 AND 563, BEING 858.25 FT., MORE OR LESS,
       NORTHWESTERLY OF THE NORTHEAST CORNER OF BLOCK 566, THENCE SOUTH 40
       DEGREES 43 MINUTES 49 SECONDS EAST, ON SAID LINE BETWEEN BLOCKS 567 AND 563,
       A DISTANCE OF 200.00 FT., THENCE SOUTH 34 DEGREES 26 MINUTES 46 SECONDS WEST,
       A DISTANCE OF 416.28 FEET, THENCE SOUTH 34 DEGREES 29 MINUTES 42 SECONDS
       WEST, A DISTANCE OF 69.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 38
       DEGREES 35 MINUTES 8 SECONDS EAST, A DISTANCE OF 196.65 FEET; THENCE
       SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT, 40 FEET NORTHWESTERLY OF THE
       RAILROAD CENTERLINE AS MEASURED AT RIGHT ANGLES TO THE EXISTING
       RAILROAD, A DISTANCE OF 260.28 FEET (CURVE DATA BEING, RADIUS=1,777.07 FEET,
       DELTA=8 DEGREES 23 MINUTES 30 SECONDS, LONG CHORD AND BEARING= =SOUTH 32
       DEGREES 23 MINUTES 20 SECONDS WEST, 260.04 FEET); THENCE SOUTH 36 DEGREES 3
       MINUTES 4 SECONDS WEST, ALONG A LINE 40 FEET NORTHWESTERLY OF THE
       RAILROAD CENTERLINE, AS MEASURED AT RIGHT ANGLES TO THE EXISTING
       RAILROAD, A DISTANCE OF 128.98 FEET TO THE SOUTHWESTERLY LINE OF BLOCK 567;
       THENCE NORTH 38 DEGREES 12 MINUTES 39 SECONDS WEST, ALONG SAID
       SOUTHWESTERLY LINE, A DISTANCE OF 203.09 FEET THENCE NORTH 34 DEGREES 27
       MINUTES 11 SECONDS EAST, A DISTANCE OF 385.66 FEET TO THE POINT OF BEGINNING.
       SAID PARCEL CONTAINS 75,681 SQUARE FEET OR 1.74 ACRES, MORE OR LESS. In addition
       to the above described 895 4th Street parcel the adjacent 4th Street, Martin Street (5th Street), and
       Shoreline Drive right‐of‐ways are contiguous to the 895 4th Street parcel and also considered eligible
       property for the purposes of this Brownfield Plan.

        A copy of the Brownfield Plan, including maps and a detailed summary regarding the fiscal and
economic implications of the plan, can be reviewed in the City Clerk’s Office during regular business
hours of 8:30 a.m. until 5:00 p.m. All aspects of the Brownfield Plan are open for discussion at the
public hearing.
               DEVELOPMENT AND REIMBURSEMENT AGREEMENT

       THIS DEVELOPMENT AND REIMBURSEMENT AGREEMENT (the

“Agreement”) is made on May 8, 2018, by and between the CITY OF MUSKEGON, a

Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon,

Michigan 49440 (the “City”), the CITY OF MUSKEGON BROWNFIELD

REDEVELOPMENT AUTHORITY, a Michigan public body corporate, whose address is

933 Terrace Street, Muskegon, Michigan 49440 (the “Authority”), and Pigeon Hill

Brewing Company, LLC, a Michigan limited liability company, whose address is P.O.

Box 388, Muskegon, MI 49443 (the “Developer”).

                                         RECITALS

       A.     Pursuant to P.A. 381 of 1996, as amended, (“Act 381”), the Authority

adopted a brownfield plan on May 8, 2018 (the “Brownfield Plan”) to add property

located at 895 4th Street, Muskegon, Michigan (the “Property”).

       B.     The Developer owns the Property, which is included in the Brownfield Plan

as an “eligible property” because it is a “facility”, as defined by Part 201 of the Natural

Resources and Environmental Protection Act (“Part 201”) and adjacent or contiguous to

the “facility”. The Developer is not a liable party, under Part 201, for the contamination

on the Property.

       C.     The Developer intends to conduct eligible activities on the Property in

order to address environmental conditions and redevelop the site into an industrial

brewing project that will include a 15,000 square foot brewing facility (the “Project”).

The Project will include statutorily pre-approved activities, due care activities,

environmental response activities, site demolition, site preparation, brownfield plan/work
plan preparation, and development eligible activities under Act 381 (the “Eligible

Activities”), all as described in the Brownfield Plan and eligible for reimbursement

under Act 381. The total cost of developer Eligible Activities, including interest and

contingencies, is $435,351.51 (the “Total Eligible Brownfield TIF Costs”).

       D.     Act 381 permits the Authority to capture and use the school tax (where

applicable) and local property tax revenues (both real and personal property) generated

from the incremental increase in property value of a redeveloped brownfield site

constituting an “eligible property” under Act 381 to pay or to reimburse the cost of

Eligible Activities conducted on the “eligible property” (the “Brownfield TIF Revenue”).

       E.     In accordance with Act 381, the parties desire to establish the procedure

for using the available Brownfield TIF Revenue generated from the Property to

reimburse the Developer for completion of Eligible Activities on the Property in amounts

not to exceed the Total Eligible Brownfield TIF Costs.

       NOW, THERFORE, the parties agree as follows:

1.     Reimbursement Source.

       During the Term (defined below) of this Agreement, and except as set forth in

Paragraph 3 below, the Authority shall reimburse the Developer for the cost of its

Eligible Activities conducted on the Property from the Brownfield TIF Revenue collected

from the Property in proportion to the total overall Eligible Activities incurred under the

Brownfield Plan. The amount reimbursed to Developer for the Eligible Activities shall

not exceed the Total Eligible Brownfield TIF Costs. The Authority shall capture

Brownfield TIF Revenue from the Property and reimburse the Developer for Eligible

Activities until the earlier of the Developer being fully reimbursed or December 31, 2045.



                                              2
Reimbursement payments shall be made on a semi-annual basis as incremental local

and school taxes are captured and available.

2.     Capture of Taxes

       During the term of this Agreement, the Authority shall capture all Brownfield TIF

Revenue from the Property and use those revenues as provided in this Agreement.

3.     Reimbursement Process.

       (a)    Developer shall submit to the Authority a “Request for Cost

Reimbursement” of Eligible Activities paid for by the Developer on or before twelve (12)

months after an unconditional certificate of occupancy has been issued for the Project.

All costs for the Eligible Activities must be consistent with the approved Brownfield Plan.

The Developer must include documentation sufficient for the Authority to determine

whether the costs incurred were for Eligible Activities, including detailed construction

draws or invoices and proof of payment or lien waivers. Copies of all invoices for

Eligible Activities must note what Eligible Activities they support.

       (b)    Within forty-five (45) days after receiving a Request for Cost

Reimbursement from Developer, the Authority shall pay to the Developer the amounts

for which submissions have been made pursuant to Paragraph 3(a) of this Agreement

from which the submission may be wholly or partially paid from available Brownfield TIF

Revenue from the Property as described in Paragraph 1. The Developer shall

cooperate with the Authority’s review by providing information and documentation to

supplement the Request for Cost Reimbursement which may be reasonably requested

by the Authority during its review period. If a partial payment is made by the Authority

because of insufficient Brownfield TIF Revenue, the Authority shall make additional



                                              3
payments toward the remaining amount within thirty (30) days of its receipt of additional

Brownfield TIF Revenue from the Property until all of the amounts for which

submissions have been made, have been fully paid to Developer or the end of the Term

(defined below), whichever occurs first. The Authority is not required to reimburse the

Developer from any other source but may at its sole discretion. If the Authority

determines that the requested costs are deemed ineligible for reimbursement, the

Authority shall notify the Developer in writing of its reasons for rejection within the forty-

five (45) day time period for review. The Developer shall then have forty-five (45) days

to provide supplemental information or documents to the Authority demonstrating that

the costs are eligible for reimbursement.

       (c)    The Authority shall send all payments to the Developer by registered or

certified mail addressed to the Developer at the address shown above, or by electronic

funds transfer directly to Developer’s bank account. Developer may change the

address by providing written notice sent by registered or certified mail to the Authority.

4.     Term of Agreement.

       The Authority’s reimbursement to Developer of the Total Eligible Brownfield TIF

Costs under this Agreement shall terminate the earlier of the date when all

reimbursements to Developer required under this Agreement have been made or

December 31, 2045 (the “Term”). If the Term of this Agreement ends before the full

reimbursement of all of Developer’s Total Eligible Brownfield TIF Costs, the last

reimbursement payment by the Authority shall be the summer and winter tax increment

collected during the final year of this Agreement.




                                              4
5.     Adjustments

       If, due to an appeal of any tax assessment or reassessment of any portion of the

Property or for any other reason the Authority is required to reimburse any Brownfield

TIF Revenue to any tax levying unit of government, the Authority may deduct the

amount of any such reimbursement, including interest and penalties, from any amounts

due and owing the Developer. If all amounts due the Developer under this Agreement

have been fully paid or the Authority is no longer obligated to make any further

payments to the Developer, the Authority shall invoice the Developer for the amount of

such reimbursement and the Developer shall pay the Authority such invoiced amount

within forty-five (45) days of the Developer’s receipt of the invoice. Amounts invoiced

and paid to the Authority by the Developer pursuant to this paragraph shall be

reinstated as Eligible Activities for which the Developer shall have the opportunity to be

reimbursed in accordance with the terms, conditions and limitations of this Agreement.

Nothing in this Agreement shall limit the right of the Developer to appeal any tax

assessment.

6.     Legislative Authorization.

       This Agreement is governed by and subject to the restrictions set forth in Act

381. If there is legislation enacted in the future that alters or affects the amount of

Brownfield TIF Revenue subject to capture, eligible property, or eligible activities, then

the Developer’s rights and the Authority’s obligations under this Agreement shall be

modified accordingly as required by law, or by agreement of the parties.

7.     Notices.




                                              5
       All notices shall be given by registered or certified mail addressed to the parties

at their respective addresses as shown above. Any party may change the address by

written notice sent by registered or certified mail to the other party.

8.     Assignment.

       This Agreement and the rights and obligations under this Agreement shall not be

assigned or otherwise transferred by any party without the consent of the other party,

which shall not be unreasonably withheld, provided, however, the Developer may

assign its interest in this Agreement to an affiliate without the prior written consent of the

Authority, provided, any such assignee shall acknowledge to the Authority in writing on

or prior to the effective date of such assignment its obligations upon assignment under

this Agreement, provided, further, that the Developer may make a collateral assignment

of the Brownfield TIF Revenue for project financing purposes. As used in this

paragraph, “affiliate” means any corporation, company, partnership, limited liability

company, trust, sole proprietorship or other entity or individual which (a) is owned or

controlled by such Developer, (b) owns or controls such Developer or (c) is under

common ownership or control with such Developer. This Agreement shall be binding

upon any successors or permitted assigns of the parties.

9.     Entire Agreement.

       This Agreement supersedes all agreements previously made between the parties

relating to the subject matter. There are no other understandings or agreements

between them.



10.    Non-Waiver.



                                              6
       No delay or failure by any party to exercise any right under this Agreement, and

no partial or single exercise of that right, constitutes a waiver of that or any other right,

unless otherwise expressly provided herein.

11.    Headings.

       Headings in this Agreement are for convenience only and shall not be used to

interpret or construe its provisions.

12.    Governing Law.

       This Agreement shall be construed in accordance with and governed by the laws

of the State of Michigan.

13.    Counterparts.

       This Agreement may be executed in two or more counterparts, each of which

shall be deemed an original but all of which together shall constitute one and the same

instrument.

14.    Binding Effect.

       The provisions of this Agreement shall be binding upon and inure to the benefit of

all the parties and their respective heirs, legal representatives, successors and assigns.



       The parties have executed this Agreement on the date set forth above.

                                                   CITY OF MUSKEGON


                                                   By:_____________________________

                                                   Its:_____________________________




                                               7
               CITY OF MUSKEGON BROWNFIELD
               REDEVELOPMENT AUTHORITY


               By:_____________________________

               Its:_____________________________


               PIGEON HILL BREWING COMPANY,
               LLC

               By:_____________________________

               Its:_____________________________




14800907




           8
                        Commission Meeting Date: May 22, 2018



Date:         May 17, 2018
To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Development
RE:           Amendment to the Zoning Ordinance - Medical Marihuana Facilities
              Licensing Act Overlay District - 2ND READING


SUMMARY OF REQUEST:

Staff-initiated request to amend the zoning ordinance to include a new section for the Medical
Marihuana Facilities Overlay District.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the ordinance amendment.

COMMITTEE RECOMMENDATION:

The Planning Commission voted in favor (4-2) of recommending to the City Commission to approve
the zoning ordinance amendment for the MMFLA overlay district at their February 15 meeting.
Michalski, Larson, Gawron and Doyle voted in support. Mazade and Montgomery-Keast voted in
opposition.      Peterson and Hovey-Wright were absent.            The version they approved for
recommendation is slightly different than from what staff is presenting tonight, as this version allows
all types of licenses within one overlay zone, rather than restricting licenses between two separate
overlay districts.
                                     CITY OF MUSKEGON

                             MUSKEGON COUNTY, MICHIGAN

                                    ORDINANCE NO._____

An ordinance to amend Section 2320 of the zoning ordinance to create a Medical Marihuana
Facilities Licensing Act Overlay District.

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

NEW LANGUAGE

SECTION 2330: MEDICAL MARIHUANA FACILITIES OVERLAY DISTRICTS

A Medical Marihuana Facilities Overlay Districts is hereby created as outlined in Figure 23-2.
Within said overlay district only, Medical Marihuana Facilities to the extent licensed pursuant to
City Code Sections 34-201 through 34-208 are permitted.

  A. Overlay District:

       1. Location: Please see Figure 23-2 for the location of the overlay district. Within the
          overlay district, licenses for Provisioning Centers, Growers, Processors, Secure
          Transporters and Safety Compliance Facilities are permitted.

  B. Growers and Processors Requirements:

       1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
          not use the word marihuana/marijuana, cannabis or any other word or phrase which
          would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross
          or any other rendering which would depict marihuana/marijuana be displayed on a
          sign or any part of the building.
       2. Building and Site Amenities. All Grower and Processor facilities must meet the
          following amenity requirements:
               a. Bay doors. Buildings must have bay doors in which a secure transport
                   vehicle can enter for delivery.
               b. Canopy. Buildings must have a canopy or decorative awning over the main
                   entrance to the building.
               c. Lighting. There shall be ornamental lighting on the exterior of the building
                   at all ingress and egress doors.
               d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
                   All new construction projects shall require underground sprinkling.
               e. Carbon filtration system. The building shall be equipped with an activated
                   carbon filtration system for odor control and be maintained in working order.
       3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals
          and unused plant material.
       4. Security. There must be a security presence in place on the property at all times,
          either by licensed security guard(s) and/or security cameras. A floor plan with
          security details is required.
C. Provisioning Center Requirements:

    1. Hours. Provisioning Centers may operate between the hours 8 am and 8 pm.
    2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
       not use the word marihuana/marijuana, cannabis or any other word or phrase which
       would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross
       or any other rendering which would depict marihuana/marijuana be displayed on a
       sign or any part of the building. Windows shall remain free and clear of all
       advertising.
    3. Building and Site Amenities. All Provisioning Centers must meet the following
       amenity requirements:
            a. Bay doors. Buildings must have bay doors in which a secure transport
                vehicle can enter for delivery.
            b. Canopy. Buildings must have a canopy or decorative awning over the main
                entrance to the building.
            c. Security shutters. The interior of all windows shall require security shutters
                that give the appearance of shutters or window shades. Metal bars and gates
                are prohibited.
            d. Lighting. There shall be ornamental lighting on the exterior of the building
                at all ingress and egress doors.
            e. Landscaping plan. Decorative landscaping shall be provided with irrigation.
                All new construction projects shall require underground sprinkling.
            f. Carbon filtration system. The building shall be equipped with an activated
                carbon filtration system for odor control and be maintained in working order.
    4. Indoor Activities. All activities of a provisioning center shall be conducted within the
       structure and out of public view. Walk-up and drive thru windows are not permitted.
    5. Security. There must be a security presence in place on the property at all times,
       either by licensed security guard(s) and/or security cameras. A floor plan with
       security details is required.

D. Safety Compliance Facility Requirements:

    1. Indoor Activities. All activities of a marihuana safety compliance facility shall be
       conducted within the structure and out of public view.
    2. Building and Site Amenities. All Safety Compliance Facilities must meet the
       following amenity requirements:
            a. Canopy. Buildings must have a canopy or decorative awning over the main
                entrance to the building.
            a. Lighting. Ornamental lighting is required on the exterior of the building at
                all ingress and egress doors.
            b. Landscaping Plan. Decorative landscaping shall be provided and all
                landscaping shall be irrigated. All new construction projects shall require
                underground sprinkling.
    3. Security. There must be a security presence in place on the property at all times,
       either by licensed security guard(s) and/or security cameras. A floor plan with
       security details is required.
    4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and
       how they will be disposed of must be provided. The plan must also show how
       marihuana plants and products will be disposed.
  E. Secure Transporter Requirements:

       1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
          transport vehicle overnight. Outdoor storage, excluding transport vehicles is
          prohibited.
       2. Building and Site Amenities. All Secure Transporter buildings must meet the
          following amenity requirements:
               a. Canopy. Buildings must have a canopy or decorative awning over the main
                   entrance to the building.
               b. Lighting. Ornamental lighting is required on the exterior of the building at
                   all ingress and egress doors.
               c. Landscaping Plan. Decorative landscaping shall be provided and all
                   landscaping shall be irrigated. All new construction projects shall require
                   underground sprinkling.
       3. Security. There must be a security presence in place on the property at all times,
          either by licensed security guard(s) and/or security cameras. A floor plan with
          security details is required.


This ordinance adopted:

Ayes:______________________________________________________________

Nayes:_____________________________________________________________

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                  CITY OF MUSKEGON

                                                  By:_________________________
                                                        Ann Meisch, MMC, City Clerk
                                           CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of May, 2018, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept
and will be or have been made available as required thereby.

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



Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                           CITY OF MUSKEGON
                                           NOTICE OF ADOPTION

Please take notice that on May 22nd, 2018, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2320 of the zoning ordinance create a Medical
Marihuana Faculties Overlay Distract.
        Copies of the ordinance may be viewed and purchased at reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during
regular business hours.

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

Published ____________________, 2018.                              CITY OF MUSKEGON

                                                                   By
_________________________________
                                                                            Ann Meisch, MMC
                                                                            City Clerk

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

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

Account No. 101-80400-5354




                                                                                                                        6
                                                                                                                                                     MC




                                                                           SIXTH
                                                               SEVENTH
                                                PARK
         SEAWAY
                        LAKETON                                          B-4                   LAKETON
                                                                                                                                                    LAKETON



                  I-2                                                                                                                               OSR
                                                               I-2                                         R-1               ALPHA




                                                                                    COMMERCE
                                      R-1




                                                                                                                 JEFFERSON
                                                                          SIXTH




                                                                                                   FIFTH
                                                                                                                                                    HOLBROOK
                                                                              B-2                  HOLBROOK
                                                                                                                                           B-4
                             TEMPLE




                                                                                                                                                      R-1




                                                                                                                                 SANFORD
                                                                                                           I-1
                                            PARK




                                                                                                                                             PECK
                     YOUNG

                                                                                                 MUSKEGON HEIGHTS
                                            MUSKEGON HEIGHTS




                                                                                                  PROPOSED MMFLA DISTRICT


                     I-1                                                            B-4
                                                                                    B-2
                                                                                                                           GENERAL BUSINESS
                                                                                                           CONVENIENCE COMPARISON BUSINESS
                                                                                    I-1                                     LIGHT INDUSTRIAL
SEAWAY




                                                                                    I-2                                  GENERAL INDUSTRIAL
                                                                                    MC                                         MEDICAL CARE
                                                                                    OSR                               OPEN SPACE RECREATION
                                                                                    R-1                            SINGLE-FAMILY RESIDENTIAL

                  MUSKEGON HEIGHTS
                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                    REGULAR MEETING
                                         MINUTES

                                        February 15, 2018

Vice Chairman B. Larson called the meeting to order at 4:00 p.m. and roll was taken.

MEMBERS PRESENT:               T. Michalski, F. Peterson, B. Larson, B. Mazade, J. Doyle, S.
                               Gawron, J. Montgomery-Keast, M. Hovey-Wright

MEMBERS ABSENT:                E. Hood, excused

STAFF PRESENT:                 M. Franzak, H. Mitchell

OTHERS PRESENT:                J. Rooks, 75 W. Walton; D. Kamps, 1885 N. Buys Rd.; L. Spataro,
                               1567 6th; B. Krick, 1762 Jefferson; Dr. R. Hilt, 1627 Jefferson; F.
                               Farmer; 1668 Jefferson; Q. Tiffany, 1694 Jefferson; L. & R. Doctor,
                               1706 Sanford; D. Manley, 4290 Eastlake Dr; B. Lowry, 4080 Oak
                               Hollow Ct; A. Cirner, 1729 Huizenga; E. Seifert, 297 W Clay; D.
                               Foster, 135 Ottawa; J. Slack, 1472 Marquette; G. Adams, 2112
                               Sampson; S. Orey, 3060 Sherwood; R. King, 3393 Fulton; K.
                               Johnson, 1281 Montgomery.

APPROVAL OF MINUTES
A motion to approve the Minutes of the regular Planning Commission meeting of December 14,
2017 was made by J. Doyle, supported by J. Montgomery-Keast and unanimously approved.

PUBLIC HEARINGS
Hearing, Case 2018-01: Request for a departure from Section 2003.07 of the form based code
section of the zoning ordinance to forego the rooftop mechanical equipment screening
requirements at 285 W Western Ave, by Parkland Muskegon, Inc. The property is zoned Form
Based Code, Neighborhood Context Area (FBC-NC). Section 2003.07 of the code states “All
rooftop mechanical, communication and similar devices shall be screened from view of adjacent
properties and streets. Screening shall be so designed as to be an integral part of the building. The
screening shall match the buildings material and color or be another material or color that is
compatible with the building exterior.” There is mechanical equipment on the tallest roof on the
building, above the 8th floor. However, this equipment is not required to be screened because it is
not visible from the street. There is another roof on the building, above a portion of the 3rd floor,
and this area has air conditioning units on it that are visible from Western Ave and Jefferson St.
The applicant is seeking a departure to forego these screening requirements so that the tenants in
the two apartments near this equipment will have a better view out of the building. It is possible
that the future development of the adjacent property to the east will create somewhat of a screen
to this equipment from the road; however, a parking lot is planned for the southern portion of this
property. Most of the equipment would still be visible from Jefferson St. Notice was sent to all
property owners/tenants within 300 feet of this property and no comments were received. Staff
recommends small individual white screens in front of each unit, or some type of painting or white
casing over each unit that will blend them in with the building; something that would still allow
views from the apartments but also provide a partial screening of the equipment.
J. Rooks stated that the pictures that were included in the members’ meeting packet were the views
from inside the units which was his primary concern due to the blocking of the view from inside
of the units. There were discussions of individual screening of the air conditioning units. He
discussed the permits and any changes would be a life safety issue from what he had originally
submitted. He went over the different views and how the screening would be minimal in blocking
the different views from the adjacent properties. He shared pictures of different view of adjacent
properties as well as pictures of a metal mesh that could be attached to each air conditioner on one
side and would look like the screening and the holes wouldn’t be seen as well as they would be
white. He also provided pictures of the air conditioners and asking that they be left as is. J.
Montgomery-Keast asked for clarification of the photo in regards to the vacant lot and the area of
Jefferson St. J. Rooks explained how he and another adjacent property owner were using this
section for parking and the City owns a strip that 60 feet deep along Western and he believed the
an offer had been made on it for development. F. Peterson explained the lot is 60 feet deep and the
full length of Western Ave. but an offer had not been made for this City owned portion yet. M.
Hovey-Wright asked if Mr. Rooks considered using the same type of screening on the Jefferson
St. side as the units weren’t attractive to look at. Mr. Rooks stated that he would not as it isn’t as
noticeable on that side of the building.

A motion to close the public hearing was made by B. Mazade, supported by J. Doyle and
unanimously approved.

There was discussion on the screening of the units in regards to the pictures that were provided at
the meeting. Mr. Rooks stated that they would need to be about an inch away from the units. M.
Franzak stated that the ordinance states that the units have to be screened with the same color so it
would blend in. The units already have a screen over them and if they were painted to match; it
would look better. Mr. Rooks agreed and was willing to paint the screens to match.

A motion that the request for a departure from Section 2003.07 of the form based code section of
the zoning ordinance to forego the rooftop mechanical equipment screening requirements at 285
W Western Ave be approved with the painting of the screens to be white, was made by M. Hovey-
Wright, supported by J. Montgomery-Keast and unanimously approved with F. Peterson, B.
Larson, B. Mazade, J. Doyle, S. Gawron, M. Hovey-Wright, and J. Montgomery-Keast voting aye.

Hearing, Case 2018-02: Request to rezone the property at 1698 Sanford St from R-2, Medium-
Density Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential
district, by Step Up.
Hearing, Case 2018-03: Request to allow a non-profit organization that focuses on assisting
young adults that have recently aged out of the foster care system transition to independent living
in an RM-1, Low Density Multiple Family Residential district at 1698 Sanford St, contingent upon
the successful rezoning of the property, by Step Up. The applicant is requesting to utilize the home
as a non-profit agency that provides housing and mentoring to young adults that have aged out of
foster care. It would house up to six male participants along with a live-in mentor. Please see the
enclosed letter provided by Step Up. Last year this organization was approved for the woman’s
version of this program at 1319 Peck St, in an RM-1, Low Density Multiple Family district. This
request requires a rezoning to multi-family and a special use permit. The property is zoned R-2,
Medium Density Single Family Residential. The properties to the east, along Peck St, are zoned
RM-1, Low Density Multiple Family. The house measure 3,146 sf and has seven bedrooms and
three bathrooms. It was formerly used as a state-licensed adult foster care home. The adjacent
property to the north at 1690 Sanford was previously as well. The Rescue Mission’s Woman’s
Shelter is located behind this property to the east. All twelve properties on this block are
conforming as single-family homes. Eleven of the twelve homes on this block are single-family
owner-occupied, which depicts strong neighborhood characteristics, investment and involvement
among the community. Notice was sent to all property owners/tenants within 300 feet of this
property. Staff had received two calls that were against the request. Lawrence and Robyn Doctor,
the next-door neighbors, at 1706 Sanford St and Ray and Jackie Hilt at 1627 Jefferson St are all
opposed to the specific use and the intrusion of multi-family to the neighborhood. The Master Plan
calls for action to keep single-family owner-occupied neighborhoods intact. While the property is
adjacent to a multi-family district, which is often used as support of a rezoning, it is clear that this
area has been kept intact over the years as a singly family neighborhood and was able to avoid the
conversion to multi-family that was prevalent in many areas downtown in previous generations.
While Step Up provides great services and has shown to be an asset to the area at their Peck St.
location (no police reports since opening), the rezoning to multi-family would permanently
designate this home for multi-family use, regardless of the owner. Staff recommends denial of the
rezoning.
D. Kamps described what the program does as well as what the requirements are that the residents
must commit to. He described the home on Peck St. This location opened September 2016. They
purchased this location for woman. He discussed the upgrades that were performed to the structure
and how they have kept to the historic nature of the home by painting it. Since their upgrades to
this structure there have been upgrades to the two houses to the south of this home.
T. Michalski arrived at 4:18 p.m.
D. Kamps did make a correction that the proposed amount of people would be four men with one
house manager for 1698 Sanford if this were approved. M. Hovey-Wright asked if there had been
any incidents at the home for women. D. Kamps stated that there hadn’t been. M. Franzak
confirmed that he had checked to see if there were any police reports for the Peck St. location in
the past year and there hadn’t been any. J. Montgomery-Keast had asked why the applicant felt
this home would meet their needs and if they had considered other homes in other areas as well.
D. Kamps stated that this location was near other facilities, bus lines, and the City of Muskegon’s
central location and with the size and layout of the structure along with the price; met their needs.
T. Michalski admitted that this is a tough decision for him. The program is a valuable program.
The program is not catered for juveniles that are caught up in the system and need help. His
concerns are for maintaining the History of the Jefferson neighborhood and this type of use seemed
to be in the center of Muskegon. He suggested that there may be other areas/communities that
could support this use as there are the same amenities as well as the bus system located within
them. He is not opposed to the program as the program is a good program and there is a need for
this type of program.
L. Spataro, Nelson Neighborhood Improvement Association, stated that they have no issues with
the Step Up program and that the house on Peck St. was zoned for this type of use. He shared the
history of a Victorian mansion that had been located in this area and was deeded to senior citizens.
As the times changed; the structure ended up being demolished as it was no longer needed to house
the senior citizens. He went over the history of zoning and the changes that were made over the
years. This particular home is a single-family home and has concerns with the values of the other
homes in the surrounding areas if this were changed when it is compared with other single-family
homes. He suggested trying to find a way to allow this use in the current zoning as opposed to
changing the zoning. Should the zoning change and this use end up leaving this structure; anything
that would be allowed in the zoning district would be allowed. He suggested looking at allowing
a special use permit for this zoning district to allow the use as more stipulations may be placed and
should the use discontinue; it may be removed. He also suggested looking at a possible overlay
district. He would rather have the request tabled so other avenues may be reviewed. B. Larson
asked M. Franzak to explain the details for this request as opposed to leaving the zoning and having
this as a special use permit instead. M. Franzak stated that the criteria for a special use permit
would have to be met. When considering a special use permit for this type of use in a single-family
zoning district may not be the best for all the single-family zoning districts. By allowing a special
use permit for this type of use; it would then be allowed in all the single-family zoning districts
throughout the City and some areas may not be the best place for this type of use.
B. Krick stated he could see this structure from the east window of his home. He does understand
the necessity of the program, but he believes there is a better location than the location proposed.
Dr. R. Hilt also had some concerns with the location. He is fond of Mr. Kamps and the
organization. His biggest concern is the change of zoning because it becomes something that is
there forever. This could be detrimental to the neighborhood. This neighborhood has been having
many houses being rehabbed. He doesn’t feel this use would be good for this neighborhood and
not necessarily in the Nelson Neighborhood. F. Farmer added that he has lived in his homes on
Jefferson for 45 years and has seen the changes. He is concerned with the domino effect this may
have on the neighborhood and adjacent properties. He has concerns when larger homes end up
being broken up into multiple units. He would like the commission to vote against the rezoning.
Q. Tiffany has his home currently up for sale and his realtor did inform him that this type of use
could affect his property. He has had offers on his home from people wanting to put an office in
the home. He turned the offers down. He would like to see the commission vote against the
rezoning. L. & R. Doctor stated that they have lived in their home for 30 years and has seen the
slow changes. The lady’s rescue Mission is adjacent to their property and they listen to the foul
language that the women use while their children are outside playing at the Mission. They have
had some women from the Mission approach them for cash or to use their phone. In the past there
had been adult foster care at the location which was governed by the State, so the City couldn’t do
anything about it. He is thankful that this type of endeavor does fall under the City’s purview and
would like to see it voted down. B. Lowry described what a family is and how the Step Up’s
program helps create family for those that really don’t have it. He understands the issues that were
discussed when it came to the zoning. He was also pleased that no one had said anything bad about
the program itself. L. Spataro stated that they were not against helping children in need because
the need is real. The solution is not to change the zoning for this property because no one knows
what will happen in the future. He didn’t want to see any damage caused in this area of single-
family housing. He felt that there should be something that would be more creative than a rezoning.

A motion to close the public hearing was made by T. Michalski, supported by J. Montgomery-
Keast and unanimously approved.

T. Michalski would like to see this request for rezoning be tabled until March so staff may have
time to see if there is a more creative way for this use to be located here as opposed to having the
property rezoned due to what may happen to the property in the future.

A motion that the request to rezone the property at 1698 Sanford St from R-2, Medium-Density
Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential district, be
tabled until March so staff may look at a different way that this use may work within the zoning
without having to rezone the property such as an overlay district, was made by T. Michalski,
supported by M. Hovey-Wright and failed with T. Michalski and M. Hovey-Wright voting aye and
F. Peterson, B. Larson, B. Mazade, J. Doyle, S. Gawron, and J. Montgomery Keast voting nay.

Discussion continued with B. Mazade stating that a compromised solution would make sense and
that rezoning this property would have a lifetime effect and would allow for more principle uses
that could impact the neighborhood later. M. Hovey-Wright added that there is a need for this use
as the Webster House had closed years ago and she knows the good that programs like this can do
but there are other locations that would be better than the property on Sanford with public amenities
that are available.

A motion that the request to rezone the property at 1698 Sanford St from R-2, Medium-Density
Single-Family Residential district to RM-1, Low-Density Multiple-Family Residential district, be
recommended to the City Commission for denial was made by B. Mazade, supported by F.
Peterson and unanimously approved with T. Michalski, F. Peterson, B. Larson, B. Mazade, J.
Doyle, S. Gawron, J. Montgomery-Keast, and M. Hovey Wright voting aye.

B. Mazade felt that the commission should take action on the special use permit because the City
Commission could decide to approve the rezoning request. Commission and staff discussed
whether or not the denial of the rezoning request for this property would be required to continue
to the City Commission for final approval or denial. It was unclear if the Zoning Enabling act
would require a denial recommendation of a rezoning request by the Planning Commission would
be required to go before the City Commission. Planning Commissioners and staff concurred that
the special use permit should still be considered. B. Mazade added that if the Special Use request
was denied; it would make the rezoning request moot.

Hearing, Case 2018-03: Request to allow a non-profit organization that focuses on assisting
young adults that have recently aged out of the foster care system transition to independent living
in an RM-1, Low Density Multiple Family Residential district at 1698 Sanford St, contingent upon
the successful rezoning of the property, by Step Up. This is for the discussion and motion. Staff
report is listed with the rezoning request above.

D. Manley, Realtor, felt that granting a special use permit under the current zoning for this property
wouldn’t affect any appraisals for this area. He brought up Terrace Point’s appraisals were coming
in lower than expected. He didn’t understand why the neighbors would have an issue with this use
as the program is a good program. He could understand the property not being rezoned; but there
should be allowances for uses such as this. He suggested allowing the use for a year to see how
this program works in this neighborhood. B. Larson had brought up that the special use permit
would be contingent upon the successful rezoning of the property. B. Mazade added that the City
Commission could approve the rezoning even if the Planning Commission recommended denial
of it and B. Larson concurred that a motion on the special use permit should be made.

A motion to close the public hearing was made by B. Mazade, supported by J. Doyle and
unanimously approved.
A motion that the request to allow a non-profit organization that focuses on assisting young adults
that have recently aged out of the foster care system transition to independent living in an RM-1,
Low Density Multiple Family Residential district at 1698 Sanford St, be denied was made by B.
Mazade, supported by S. Gawron and unanimously approved with T. Michalski, F. Peterson, B.
Larson, B. Mazade, J. Doyle, S. Gawron, J. Montgomery-Keast and M. Hovey-Wright voting aye.

Hearing, Case 2018-05: Staff-initiated request to amend Section 2330 of the zoning ordinance to
create a Medical Marijuana Facilities Overlay District. Staff has prepared the proposed
amendments to the zoning ordinance for the Medical Marihuana Facilities Licensing Act
(proposed as Section 2330 of the zoning ordinance). The proposed amendments only relate to the
zoning designations related to the Medical Marihuana Facilities Licensing Act (MMFLA)
Ordinance that will eventually be proposed to the City Commission for approval into the City Code
of Ordinances at a later date. Please note that the MMFLA Ordinance will have to be approved
before the zoning designations are approved. This review by the Planning Commission is intended
to provide the City Commission with a recommendation as to where these facilities should be
allowed, should the new MMFLA Ordinance be adopted by the City Commission as part of the
City Code of Ordinances. Please see the enclosed proposed MMFLA Ordinance that references
amending Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon. Please also
see enclosed the proposed amendment to the zoning ordinance: Section 2330 – Medical Marihuana
Facilities Overlay District.

   1. Definitions for the types of MMFLA facilities are as follows:

       Grower means an MMFLA licensee that is a commercial entity located in this state that
       cultivates, dries, trims, cures or packages marihuana for sale to a Processor or
       Provisioning Center.

       Processor means an MMFLA licensee that is a commercial entity located in this state that
       purchases marihuana from a Grower and that extracts resin from the marihuana or creates
       a marihuana-infused product for sale and transfer in package form to a Provisioning
       Center.

       Provisioning Center means an MMFLA licensee that is a commercial entity located in
       this state that purchases marihuana from a Grower or Processor and sells, supplies, or
       provides marihuana to registered qualify patients, directly or through the patients’
       registered primary caregivers. Provisioning Center includes any commercial property
       where marihuana is sold at retail to registered qualifying patients or registered primary
       caregivers. A noncommercial location used by a primary caregiver to assist a qualifying
       patient connected to the caregiver through the department’s marihuana registration
        process in accordance with the MMMA is not a Provisioning Center for purposes of the
        MMFLA or this section.
        Secure Transporter means an MMFLA licensee that is a commercial entity located in this
        state that transports marihuana, with or without storage, between Marihuana Facilities for
        a fee.

        Safety Compliance Facility means an MMFLA licensee that is a commercial entity that
        receives marihuana from a Marihuana Facility or registered primary caregiver, tests it for
        contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test
        results, and may return the marihuana to the Marihuana Facility.

Staff recommends approval of the ordinance amendment.

T. Michalski stated that there had been a lengthy conversation at a prior Commission meeting
regarding this and what the role of the Planning Commission was. His understanding was that the
City was going to determine whether or not they would have dispensaries and then determine
where they would go. Now the Planning Commissioners are looking at this in reverse and looking
at where they should go before determining if the City was going to allow for dispensaries or if
the State was going to even issue more licenses. He had concerns about possibly wasting their time
looking at this now. M. Franzak stated that the City Commission wasn’t comfortable with voting
on whether to allow it until it was determined where they would go. F. Peterson added that staff
had asked for more time to see what other cities were also doing. This was then going to be brought
back to the City Commission in March or early April. Staff felt this would be a necessary step to
bring this before the Planning Commission with a strong understanding of where this would be
acceptable to the City Commission. The City Commission didn’t want to approve it if there was a
chance it could be anywhere but wanted to see it in more of a defined district. This would need to
be approved at the Planning Commission, City Commission and then the State levels. By starting
with the Planning Commission; this will allow for a stronger understanding of a defined district.
M. Hovey-Wright stated that she tried looking for the areas and wasn’t sure of the locations based
on the map that was supplied in their packets. The places she looked had structures that looked
like they should be removed. She stated it made sense to consolidate the areas. B. Mazade asked
about the proposed District 2 having two locations that are not contiguous. M. Franzak confirmed
that there were two due to the residential neighborhood in the middle. J. Montgomery-Keast asked
if there were any churches in the proposed areas. M. Franzak stated that to his knowledge there
wasn’t but churches do come and go in different commercial sites.

A. Cirner stated that he was a Planning Commissioner in Palm Springs, CA and had worked on
this issue there. He had moved here almost a year ago and would like to offer his services to help
the City when it comes to this type of planning and ordinance language as he had been through it
already and he is familiar with mistakes that other municipalities have made and would like to help
make sure no mistakes are made. He does feel that this planning should be brought together at this
juncture. B. Larson stated that this is about the districts at this time. A. Cirner stated that churches,
schools, etc. should be researched before looking at locations. He would like to help out with work
sessions regarding this and to reach out to the other communities that have gone through this
already. E. Seifert is passionate about this. He described his personal experience regarding his wife
and himself and their need for this. His wife had passed away two years ago. Medical Marihuana
has helped his wife get off some of her medications. He to had obtained a Medical Marihuana
license for his health issues and it helped him better than any other medications that he had been
on. There are many buildings that are not feasible for this type of use; but other areas may need to
be looked at and it shouldn’t be restricted. He is also willing to help with this to ensure it is done
accurately. D. Foster stated that she had spoken on this about eight years ago. This is about the
patients and getting them comfortable and some of the locations aren’t feasible. The places need
to be easily accessible and making patients comfortable. She felt the districts could be in nicer
areas. She felt that the proposed areas aren’t aesthetically pleasing or inviting. It took her two and
a half months to find her facility and when she was looking; she looked at accessibility, what the
structure looked like and handicap accessibility. J. Slack stated that he is a young entrepreneur and
was born and raised in Muskegon. He stated that 50% of the taxes go back to the local municipality
for the schools, etc. He would like to get into this industry. G. Adams stated that the overlay
districts are a good start and is necessary. He wanted to locate his business here. He had sold one
of his facilities that he had in Lansing. There are a lot of people that would want to invest in this.
He would like to have a facility here and not just be a caregiver. He had brought up how he has
worked with Muskegon Heights for having properties zoned correctly and are hashing out the
language now. S. Orley had done research into cancer and Parkinson while in college. He would
like to bring his services to Muskegon as well. He owns an old building on E. Apple that is located
next to Dominoes. He has patients that he has to deliver to. He spoke with Ann Meisch regarding
the number of growers located in Muskegon and he doesn’t believe there have been any issues
with any of them. R. King is happy to see that the City is looking at having dispensaries in
Muskegon. This is medicine and she isn’t sure that segregating dispensaries in the industrial areas
is a good choice. Marihuana businesses are highly regulated, so this type of business isn’t
something that just anyone can get into and it is expensive to get started. She stated that Ann Arbor
has 18 dispensaries with four dispensaries in the prime downtown business district.

M. Hovey-Wright left at 5:40 p.m.

M. Franzak added that he received over 100 inquiries and given input and offered help with writing
the ordinance. He brought up how the City started out with caregivers who grow out of their homes
and there had been no issues. Now there are commercial and industrial areas where growers are
located. K. Johnson shared a spreadsheet from when medical marihuana was approved by the
voters in 2008 which was the highest voter turnout. Every precinct was in favor of this. He shared
other positive information regarding the need and how helpful it is medically. This is a continuing
positive when it comes to zoning and this is the next best step. He is also a caregiver. This is widely
supported. The State is saying that local municipalities can opt in and choose where it will go
within their municipalities. He did have concerns with the proposed locations. He felt the
ordinance could be crafted in a way that it could be in other areas. He has been to the different
neighborhood association meetings to discuss this and he has had feedback from
Beachwood/Bluffton to Marquette neighborhoods and they feel these shouldn’t be segregated in a
small area; but should be more spread out to accommodate more. The proposed area is on the bus
route so it is accessible to people where it is proposed. He feels they should be allowed to be near
pharmacies or other medical areas. There have been studies that show that deaths from opioids
have declined since the approval of medical marihuana. He believes that staff’s proposal is a good
start but would like to see it spread to other areas as well.
F. Peterson left at 5:50 p.m.
A motion to close the public hearing was made by B. Mazade, supported by J. Montgomery-Keast
and unanimously approved.

A motion that the request to amend Section 2330 of the zoning ordinance, to allow for a Medical
Marihuana Facilities Overlay District, be recommended to the City Commission for approval, was
made by T. Michalski, supported by S. Gawron and was approved with T. Michalski, B. Larson,
J. Doyle, S. Gawron voting aye and B. Mazade and J. Montgomery-Keast voting nay.

Hearing, Case 2018-04: Staff-initiated request to vacate Market St between Western Avenue and
Terrace St. The Farmers Market currently hosts many events that utilize a temporary liquor
license. The City has to apply for a temporary liquor license with the State of Michigan every time
an event is held. A permanent license is available, but it cannot be utilized across a public street.
Vacating the street would solve the problem and the liquor license could be used in the designated
area, which would include the building and the street and a small area across of the street near the
stage. Please see the map below that depicts the approximate area that the liquor license could be
used. The City would still maintain the street as a public street but vacating it would allow for
more flexibility for closure during special events. There are no plans to close the street other than
temporarily for events, as it currently happens. Staff sent notices to all property owners adjacent
to Market St and had not received any comments at the time of this writing. Staff recommends
approval of the street vacation.

A motion to close the public hearing was made by T. Michalski, supported by S. Gawron and
unanimously approved.

A motion that the request to vacate Market St, between Western Avenue and Terrace St, be
recommended to the City Commission for approval was made by J. Doyle, supported by S. Gawron
and unanimously approved, with T. Michalski, B. Larson, B. Mazade, J. Doyle, S. Gawron, and J.
Montgomery-Keast voting aye.

NEW BUSINESS

None

OLD BUSINESS

None.

OTHER

B. Mazade asked for an update on the cell tower issue. M. Franzak stated that the proposal is ready
for the March meeting.

B. Mazade asked for an update on the former Nims School building. M. Franzak stated that it
would be coming back as they would like to demolish the gym for additional parking. They will
also be adding an urban farm in the back, but it won’t need approval and they want to move the
pocket park to another location on the property and then the City can sell the property to them.

B. Mazade asked for an update on the planning process with Pure Muskegon. M. Franzak stated
that he would try to get the schematics, but he wasn’t sure if they wanted it made public yet. B.
Mazade was also interested in when they would be back before the planning commission.

J. Doyle asked for an update in regard to Melching and the storing of aggregate at their new
location. M. Franzak stated that Melching needs the Drain Commissioner’s approval first but he
hasn’t applied yet. Staff also put them in contact with another chemical company so there is a
chance that the buildings could be saved.

There being no further business, the meeting was adjourned at 6:00 p.m.

HM
COMMISSION MEETING DATE: May 22, 2018

TO:          Honorable Mayor and Commissioners

FROM:        Jeffrey Lewis, Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order to Demolish.
             Dangerous Building Case #: EN1800336 – 236 Mason Ave as known as “Bolt
             Hardware”


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

Location and ownership: This structure is located on Mason Ave between 4th St and 5th St in the
Nelson Neighborhood. The property is owned by Mark Ruesgsegger, 5841 Loop Rd, Hesperia, MI
49421

Staff Correspondence: Building collapse occurred on February 15, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a nuisance.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $24,100

Estimated cost to repair: $70,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish all
structures on the property

Owner Contact:
The owner was contacted the day of the building collapse and was informed he must board up and
secure the building. The owner secured the building the same day. The owner called on February 22,
2018 and stated he wanted to keep the building. The owner noted his wife has cancer and he is the
care giver. The owner said he simply does not have the time to make the repairs or doing any work at
the store. On February 27, 2018, the owner’s grandson called and stated he would be taking over his
grandfather’s affairs with the building. The grandson stated they would be demolishing the building
once the building was emptied of its contents. The grandson was informed he must submit a written
plan of abatement by March 2, 2018. The grandson was instructed to shore up the area of collapse
first and the shoring must be inspected prior to any removal of the contents. On March 14, 2018, the
Inspections department had not received a written plan of abatement or a request to inspect the
collapse shoring. The grandson was emailed and informed the City would be moving toward to an
immediate removal of the building if he did not provide his plan of abatement. On March 16, 2018 the
grandson called and said he hired a contractor to demolish the entire building and stated the collapse
area was shored up and we could inspect at any time. The grandson scheduled an inspection for
March 26, 2018 but did not appear. The grandson has he not contacted the inspection department
since. The case was referred to the Housing Board of Appeals. The owner appeared at the HBA
meeting to learn his grandson was not communicating with the Inspections dept. The owner said he
needs more time to empty the contents before the building is demolished.

Permits obtained: None

                                                INSPECTION REPORT

Owner RUEGSEGGER MARK D
    5841 E LOOP RD
    HESPERIA, MI 49421

Enforcement # EN1800336
Property Address: 236 MASON AVE
Parcel # 24-205-387-0008-10

Date completed: February 15, 2018

DEFICENCIES:
  1. Block wall at the rear of the building has collapsed
  2. Flat roofing area has deteriorated and has is leaking. Roofing material and roof decking material must be
      replaced.
  3. Roofing shingles on pitched roof over the main store area is has deteriorated, covered with moss and
      must be replaced
  4. Soffits and fascia are rotted, missing, have peeling paint or holes in many areas around the structure
  5. Wood siding is rotted, missing, has peeling paint in many areas.
  6. Front store windows have been broken out and are boarded with interior grade materials
  7. Stairways to upper floors are rotten, missing railings & spindles and have peeling paint.
  8. Entry doors are rotted, have broken or missing window glass.
  9. Attic vents covers are loose
  10. Windows are broken, missing, have rotted sills and sashes and peeling or no paint
  11. Front Store windows are broken, have rotted sills and boarded with interior grade materials with no
      paint
  12. Electrical service has been disconnected and now must be upgraded to a minimum of 100 amp service
      with circuit breakers
  13. Cement block wall has missing mortar, mortar joints not complete, cement blocks are cracked and
      missing
  14. Foundation walls for store area are cracked, missing mortar and have peeling paint.

Jay Paulson, Inspector

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

SECTION 116.3 Notice (UNSAFE STRUCTURES AND EQUIPMENT)
If an unsafe condition is found, the building official shall serve on the owner, agent or person in control of the structure, a
written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made
to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice
shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of
the order.
PHOTOS of 236 Mason Ave
COMMISSION MEETING DATE: May 22, 2018

TO:           Honorable Mayor and Commissioners

FROM:         Jeffrey Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish. Dangerous Building Case #: EN1800301 – 586 School 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 586 School 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 civil
infraction citations to the owner, agent or responsible party if they do not demolish the
structure.

Location and ownership: This structure is located on School St between Albert Ave
and Wesley Ave in the Marquette Neighborhood. The property is owned by James &
Theresa Tenbrink, 121 N. Merchant Ave, Fremont, MI 49412.

Staff Correspondence: Fire occurred on February 4, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.

Financial Impact: Fire Escrow Funds have been requested but not received

Budget action required: None

State Equalized value:      $16,800

Estimated cost to repair: $35,900

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property

Owner Contact:
Owner’s daughter, who was the occupant of the home, called and said they cost to
repair the home is too costly and would not be repairing the home and asked for a list of
demolition contractors. The owner or the owner’s daughter did not appear at the HBA
hearing. No further contact from the owner or owner’s daughter.

Permits obtained: None
                                FIRE INSPECTION REPORT

Owner TENBRINK JAMES R/THERESA
     121 N MERCHANT AVE
     FREMONT, MI 49412-1248

Enforcement # EN1800301
Property Address: 586 SCHOOL ST
Parcel # 24-611-000-0253-00

Date completed: March 3, 2018

NOTE: Home was damaged by fire on February 4, 2018. Master bedroom was the area
of origin and the cause of the fire was determined to be a heating source placed too
close to combustibles. The room of origin was received heavy fire & water damage and
the entire home received smoke and heat damage.

DEFICENCIES:
  1. The room of origin must be gutted to studs and re-wired to code, new drywall and
     new window(s)

   2. Hard-wired smoke detection must be added throughout the home and must meet
      current code

   3. Replace all electrical devices and fixtures throughout

   4. Replace electrical service to code

   5. Were service wires enter the home must be moved to prevent contact with the
      rain gutter

   6. All rooms with smoke soot must be cleaned, soot removed, sealed and repainted

   7. Floor coverings must be cleaned or replaced

   8. Plumbing must be checked by a licensed plumbing contractor and certified safe

   9. The furnace and water heater must be checked by a licensed mechanical
      contractor and certified safe.


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 586 School St
COMMISSION MEETING DATE: May 22, 2018

TO:           Honorable Mayor and Commissioners

FROM:         Jeffrey Lewis, Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order to
              Demolish. Dangerous Building Case #: EN1800344 – 2207 Miner 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 2207 Miner
Ave is unsafe, substandard, a public nuisance and that it be demolished within thirty
(30) days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder or staff may issue
civil infraction citations to the owner, agent or responsible party if they do not demolish
the structure.

Location and ownership: This structure is located on Miner Ave between Leon St and
Leboeuf St in the Lakeside Neighborhood. The property is owned by Lambertus
Vanderstrom, 2207 Miner Ave, Muskegon, MI 49441. (Currently in temp housing)

Staff Correspondence: Fire occurred on February 18, 2018.
The “Notice & Order” was sent and posted on April 4, 2018.
A ten day notice was sent and posted on April 23, 2018.
On May 3, 2018, the HBA declared the structure substandard, dangerous and a
nuisance.

Financial Impact: Insurance Fire Escrow Funds of $12,508 has been received

Budget action required: None

State Equalized value:      $32,800

Estimated cost to repair: $85,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish all structures on the property

Owner Contact:
Owner called and said he agreed the home needs to be demolished. Owner said he is
waiting on the insurance company to pay the claim.
Owner did not attend the HBA hearing.

Permits obtained: None
                                FIRE INSPECTION REPORT

Owner VANDERSTROM LAMBERTUS
    2207 MINER AVE
    MUSKEGON, MI 49441

Enforcement # EN1800344
Property Address: 2207 MINER AVE
Parcel # 24-205-660-0003-00

Date completed: March 6, 2018 by Inspector Jay Paulson

DEFICENCIES:
Inspector’s note: Heavy fire damage to the entire home. Fire originated in
one of two bedrooms. Fire burned through the bedroom floor, west wall of
the home and roof.
   1. The entire home must be gutted to the studs, bath and kitchen cabinet
      removed, bath kitchen fixtures must be replaced
   2. All fire structure members, including walling studs, roof rafters and
      floor joists must be replaced.
   3. Insulation must be replace or installed to code
   4. New drywall or plaster must installed.
   5. All floor coverings throughout the home must be replaced
   6. All windows, doors, siding, fascia, soffits, roofing and roof decking
      must be replaced (note: siding must match on the entire structure)
      (windows must meet egress requirements)
   7. All electrical wiring must be replaced to code
   8. The electrical service panel must be replaced to code
   9. Hardwired smoke detection must be installed to code
   10. Plumbing must be replaced to code
   11. Furnace must be certified safe or replaced
   12. Water heater was not installed to code. Must be certified safe or
   replaced
   13. Smoke staining must be removed and sealed
   14. Clean, seal and repaint all areas
   15. Home must be all applicable current codes

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 2207 Miner Ave
                    Commission Meeting Date: May 22, 2018




Date:        May 22, 2018
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development
RE:          Request to Rezone 731 Yuba St, 205 E Muskegon Ave, 287 E
             Muskegon Ave and 225 Eastern Ave


SUMMARY OF REQUEST:

Request to rezone these properties from B-4, General Business to I-1, Light Industrial, by
Citiparc, LLC. The applicant is seeking the rezoning in order to develop a food processing
center.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommend approval of the rezonings.

COMMITTEE RECOMMENDATION:

The Planning Commission voted in favor (5-0), with 4 members absent, recommending
approval of the proposed zoning changes at their May 21, 2018 meeting. Michalski, Doyle,
Gawron, Montgomery-Keast, and Peterson voted in support, Mazade, Hood, Larson, and
Hovey-Wright were absent.




5/22/2018
                                       STAFF REPORT
                                         May 21, 2018


Hearing, Case 2018-15: Request to rezone the properties at 731 Yuba St, 205 E Muskegon Ave,
287 E Muskegon Ave and 225 Eastern Ave from B-4, General Business to I-1, Light Industrial
by Citiparc, LLC.


SUMMARY
    1. The parcels included in this rezoning request were used as the former farmers market site.
    2. 731 Yuba St is 2.45 acres, 205 E Muskegon Ave is 2.55 acres, 225 Eastern Ave is 1.59
       acres and 287 E Muskegon Ave is 1.48 acres.
    3. There are unimproved alleys running through each parcel. Also, the unimproved
       easement for Rathborne St runs north/south through the properties and the unimproved
       easement for Muskegon Ave runs east/west through the properties.
    4. The applicant is requesting to rezone these parcels so they may develop a food processing
       center.
    5. Please see the enclosed zoning ordinance excerpt on I-1, Light Industrial districts.
    6. Notice was mailed to every property owner and tenant within 300 feet. At the time of
       this writing, staff had not received any comments from the public.


                      Subject Parcels Looking North from Walton Ave




5/22/18
          Aerial Map




                .

           Zoning Map




5/22/18
                                  CITY OF MUSKEGON

                              MUSKEGON COUNTY, MICHIGAN

                                  ORDINANCE NO.

 An ordinance to amend the zoning map of the City to provide for a zone change for 731 Yuba St,
205 E Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business
                                   to I-1, Light Industrial

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

The zoning map of the City of Muskegon is hereby amended to change the zoning for 731 Yuba St, 205
E Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business to I-1,
Light Industrial.



This ordinance adopted:

Ayes:

Nayes:

Adoption Date:

Effective Date:

First Reading:

Second Reading:

                                                CITY OF MUSKEGON

                                                By: __________________________
                                                       Ann Meisch, MMC
                                                       City Clerk




         5/22/18
  CERTIFICATE (Rezoning of 731 Yuba St, 205 E Muskegon Ave, 287 E Muskegon Ave and 225 E
             Muskegon Ave from B-4, General Business to I-1, Light Industrial)

The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan,
does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City
Commission of the City of Muskegon, at a regular meeting of the City Commission on the 22nd day of
May, 2018, at which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted and public notice was given pursuant to and in full compliance with the Michigan Zoning
Enabling Act, Public Acts of Michigan No. 33 of 2006, and that minutes were kept and will be or have
been made available as required thereby.

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



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




       5/22/18
                                                CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

Please take notice that on May 22, 2018, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning for for 731 Yuba St, 205 E
Muskegon Ave, 287 E Muskegon Ave and 225 E Muskegon Ave from B-4, General Business to I-1,
Light Industrial.

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

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

Published ____________________, 2018                           CITY OF MUSKEGON

                                                               By ___________________________
                                                                     Ann Meisch, MMC
                                                                     City Clerk

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

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

Account No. 101-80400-5354




         5/22/18
                                                                                                 10/09



                                                       I-1 Light Industrial

                         ARTICLE XIV - I-1 LIGHT INDUSTRIAL DISTRICTS

PREAMBLE

The I-1 Light Industrial Districts are designed so as to permit wholesale, warehousing, and
manufacturing facilities whose external, physical effects have a minimum detrimental effect on
the adjacent districts. It is the intent of this article to permit, in addition to specific uses
enumerated, the manufacturing, compounding, processing, packaging, assembly, and/or
treatment of finished or semi-finished products from previously prepared material. The uses
permitted are those which meet a higher standard of restrictions than those imposed in the I-2
Zoning District, and shall be of a type other than those which produce hazardous material as
defined in the Fire Code.

SECTION 1400: PRINCIPAL USES PERMITTED

All principal uses of land and buildings which are erected or structurally altered or occupied
shall be those specified in this article:

1.        The manufacture, compounding, processing of food, and pharmaceuticals.

2.        The manufacture, compounding, or assembly of products from previously prepared
          materials, including but not limited to fabrics, glass, leather, paper, metal, or plastics.

3.        Machine shops and metal finishing shops, including the incidental of casting of metal
          products and alloying of furnace ready non-ferrous metals which are free of paint, oils or
          other organic substances.

4.        Crematories.

5.        Retail uses which have an industrial character in terms of either their outdoor storage
          requirements or activities such as: lumber yards or motor vehicle, boat, or implement
          sales.

6.        Storage yards.

7.        Warehousing of materials not highly hazardous as defined in the Fire Code.

8.        Veterinary clinics and outdoor kennels.

9.        Lumber and planing mills.

10.       Municipal buildings, public service buildings, auto equipment repair shops doing major
          repair.




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                                                                                                   10/09



11.       Micro breweries, breweries, small wineries, wineries, small distilleries and distilleries.
          [amended 3/12]

12.       Accessory buildings and uses customarily incidental to the above Principal Uses
          Permitted.

13.       Uses similar to the above.


SECTION 1401: SPECIAL LAND USES PERMITTED

The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to the applicable conditions imposed by Ordinance and other reasonable conditions
imposed by the Planning Commission:

1.        Railway or truck freight terminals located more than two hundred (200) feet from any
          residential district.

2.        Freestanding commercial radio, television, and similar transmission towers greater than
          175 feet and their attendant facilities.

3.        Paint manufacturing.

4.        Accessory buildings and accessory uses customarily incidental to any of the above
          Special Land Uses Permitted.

5.        Prisons and other similar correctional facilities.

6.        Adult bookstores, adult indoor and outdoor motion picture theaters, and cabarets.
          Recognizing that because of their nature some uses have objectionable operational
          characteristics, especially when concentrated in small areas and recognizing that such
          uses may have a harmful effect on adjacent areas, special regulation of these uses is
          necessary to insure that these adverse effects will not contribute to the blighting or
          downgrading of the surrounding neighborhood. These special regulations are as follows:

          a.         No such uses may be permitted in the I-1 Districts within one thousand (1,000)
                     feet if any residential district measured from the lot line of the location of the
                     proposed use.

          b.         The Planning Commission may waive this location provision if the following
                     findings are made:

                     i.        That the proposed use will not be contrary to the public interest or
                               injurious to nearby properties and that the spirit and intent of this
                               Ordinance will be observed.



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                                                                                                         10/09




                     ii.       That the character of the area shall be maintained.

                     iii.      That all applicable regulations of this Ordinance will be observed.

                     iv.       That no other adult bookstore, adult motion picture theater, or cabaret is
                               located within two thousand (2,000) feet of the proposed location.

          c.         Anything herein to the contrary notwithstanding, the Planning Commission shall
                     not consider the waiver of the locational requirements as hereinabove set forth
                     until a petition shall have been filed with the City Clerk and verified as to
                     sufficiency. Such petition shall indicate approval of the proposed regulated use
                     by fifty-one (51) percent or more of the persons owning property within a radius
                     of one thousand (1,000) feet of the location of the proposed use as measured from
                     the lot line. The petitioner, or his agent, shall attempt to contact all eligible
                     property owners within this radius and must maintain a list of all addresses at
                     which no contact was made.

          d.         The petition hereafter required shall contain an affidavit signed by the party
                     circulating such petition attesting to the fact that the petition was circulated by
                     him and that the circulator personally witnessed the signatures on the petition and
                     that the same were affixed to the petition by the person whose name appeared
                     thereon, and that the circulator truly believes that the signers of such petition are
                     persons owning property within one thousand (1,000) feet of the premises
                     mentioned in said petition. Such petition shall also comply with other rules and
                     regulations as may be promulgated by the City Commission.

7.        Wind Turbine Facilities [amended 10/09].

8.        Uses similar to the above Special Land Uses Permitted.

SECTION 1402: PLANNED UNIT DEVELOPMENTS

Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-1 Light Industrial
Districts is to allow mixed land uses, which are compatible to each other, while prohibiting uses
which would not be compatible or harmonious with other uses permitted in the I-1 District.

SECTION 1403: AREA AND BULK REQUIREMENTS [amended 4/00]

1.        Minimum lot size: 21,780 sq. feet.

2.        Maximum lot coverage:
               Buildings: 85 %
               Pavement: 25 %




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                                                                                                  10/09



3.        Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
          measured from setback).

4.        Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
          (3) times longer its width.

5.        Height limit: 3 stories or 50 feet

          Height measurement: In the case of a principal building, the vertical distance measured
          from the average finished grade to the highest point of the roof surface where the
          building line abuts the front yard, except as follows: to the deck line of mansard roofs,
          and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
          Figure 2-2). If the ground is not entirely level, the grade shall be determined by
          averaging the elevation of the ground for each face of the building (see Figure 2-4).

6.        Front Setbacks: [amended 1/05]
                 Minimum:
                        Expressway or Arterial Street: 30 feet
                        Collector or Major Street: 20 feet
                        Minor Street: 10 feet

7.        Rear setback: 10 feet

8.        Setback from the ordinary high water mark or wetland: 75 feet (principal structures
          only).

9.        Side setbacks:
                  1-story: 10 feet and 20 feet
                  2-story: 15 feet and 25 feet
                  3-story: 20 feet and 30 feet

          Note, setback measurement: All required setbacks shall be measured from the right-of-
          way line to the nearest point of the determined drip line of buildings. [amended 10/02]

10.       Zero lot line option: New principal buildings may be erected on the rear lot line and/or
          one side lot line provided: [amended 10/02]

          a.         The building has an approved fire rating for zero-lot line development under the
                     building code.

          b.         The building has adequate fire access preserved pursuant to fire code
                     requirements.

          c.         The zero lot line side is not adjacent to a street.

          d.         A maintenance access easement is granted by the adjacent property owner and



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                                                                                                   10/09



                     recorded with the County Register of Deeds and provided to the zoning
                     administrator with the site plan or plot plan.

          e.         It is not adjacent to wetlands, or waterfront.

11.       All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
          line is employed for a structure or fire access. At least fifty percent of all required front
          setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
          greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
          amended 10/02]

SECTION 1404: BUSINESS CONDUCT LIMITATION

1.        All uses permitted under Section 1400 and 1401 shall be subject to all environmental
          limitations imposed by this Section, other ordinances, statutes and governmental
          regulations.

2.        Casting of metal parts in shops other than foundries shall be limited so that not more than
          twenty-five percent (25%) of the aggregate floor area may be used for the casting
          process.

3.        Crematories shall be located not less than two hundred (200) feet from a residential
          district.

4.        Storage yards shall be screened from any adjacent street or non-industrial district by an
          obscuring fence. This shall not require that parking lots of motor vehicles, boats, or
          implement sales be screened.

5.        No property line of a lumber or planing mill shall be contiguous to the exterior boundary
          of a Residential District.

6.        Uses permitted in the I-1 District shall be those whose finished products are non-
          hazardous as defined in the Fire Code.

7.        Stamping machines, presses, and shears shall be dampened so as not to produce noises
          and vibrations which conflict with the preamble of this Article.

8.        Animals kept for slaughter shall be only that number which will be processed in one day.




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