City Commission Packet 06-24-2008

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    CITY OF MUSKEGON
      CITY COMMISSION MEETING
                         JUNE 24, 2008
   CITY COMMISSION CHAMBERS@ 5:30 P.M.
                               AGENDA

o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Fireworks Display Permit for Muskegon Summer Celebration and
        Muskegon Bike Time. CITY CLERK
     C. Rezoning Request for Property Located at 552 W. Southern Avenue.
        PLANNING & ECONOMIC DEVELOPMENT
     D. Vacation of a Portion of Emerald Street.    PLANNING & ECONOMIC
        DEVELOPMENT
     E. Smith Ryerson Community Center Contract. PLANNING & ECONOMIC
        DEVELOPMENT
o PUBLIC HEARINGS:
     A. Amendments to Brownfield Plan - Parkland Muskegon, LLC. PLANNING
        & ECONOMIC DEVELOPMENT
     B. Request for an Industrial Facilities Exemption Certificate - Sappi Fine
        Paper. PLANNING & ECONOMIC DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
         A. Concurrence with the Housing Board of Appeals Notice and Order to
            Demolish the following: PUBLIC SAFETY
             2241 Sherin Street
             1174 Jefferson Street - Area 10
             553 Allen Avenue - Area 11
             724 Oak Avenue (House and Garage)
             922 S. Getty Street
         B. Findings of Fact and Recommendation Re:                                 Spotlight Lounge.    CITY
             MANAGER
•   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.
•    Submif fhe form fa the City Clerk.
•   Be recognized by the Chair.
•   Step forward to the microphone.
•   State name and address.
•   Umif of 3 minutes to address the Commission.
•   {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
•   CLOSED SESSION: To Discuss Pending Litigation.
•   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 MUSl<:EG0N. PLEASE CONTACT ANN
MARIE BECKER, C!TY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231) 724-4 t 72.
Date:    June 24, 2008
To:      Honorable Mayor and City Commissioners
From:    Ann Marie Becker, City Clerk
RE:      Approval of Minutes




                                                         th
SUMMARY OF REQUEST: To approve minutes for the June 9
                                       th
Commission Worksession, and the June 10 Regular Commission
Meeting.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
     CITY OF MUSKEGON
       CITY COMMISSION MEETING
                        JUNE 24, 2008
    CITY COMMISSION CHAMBERS@ 5:30 P.M.
                               MINUTES

   The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, June 24,
2008.
   Mayor Warmington opened the meeting with a prayer from Pastor Jim Thiele
from the Central Assembly of God after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Clara Shepherd, Lawrence Spataro, Sue Wierengo, Steve
Wisneski, and Chris Carter, City Manager Bryon Mazade, City Attorney John
Schrier, and City Clerk Ann Marie Becker.
2008-57 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the June 9th Commission
Worksession, and the June 10th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
      B. Fireworks Display Permit for Muskegon Summer Celebration and
         Muskegon Bike Time. CITY CLERK
SUMMARY OF REQUEST: West Michigan Burners is requesting approval of a
fireworks display permit for July 5th during the Muskegon Summer Celebration
and July 18th during Muskegon Bike Time. The insurance coverage has been
approved, and Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
      C. Rezoning Request for Property Located at 552 W. Southern Avenue.
         PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 552 W.
Southern Avenue, frorn B-2, Convenience and Comparison Business District to 1-1,
Light Industrial District.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:           The Planning Commission recommended
approval of the request at their June 12th meeting. The vote was unanimous,
with B. Mazade, T. Harryman and B. Smith absent.
      E. Smith Ryerson Community Center Contract. PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: The Muskegon Recreational Center (MRC), Inc. has
been managing the Smith Ryerson Community Center since July 2006. The
management has been successful, with many area youth (as well as others in
the community) being served. As the contract between MRC and the City
concludes July l, 2008, it is recommended that a new two-year contract be
approved. The new contract also includes use of the facility by the Muskegon
Summer Adventure Program.
FINANCIAL IMPACT: The contract specifies that the Manager will receive its
management fee through the revenue generated at the Center.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and authorize the Director
of Community & Economic Development and the City Clerk to sign.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the consent agenda as read minus item D.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION PASSES
2008-58 ITEM REMOVED FROM THE CONSENT AGENDA:
      D. Vacation of a Portion of Emerald Street.    PLANNING & ECONOMIC
         DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Emerald Street, between
Allen and Apple Avenues.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the portion of
Emerald Street between Allen and Apple Avenues, with the condition that all
utility easement rights be retained.
COMMITTEE RECOMMENDATION:          The Planning Commission unanimously
recommended the vacation, with B. Mazade, T. Harryman, and B. Smith absent.
Motion by Commissioner Carter, second by Commissioner Wisneski to approve
the vacation of Emerald Street between Allen and Apple Avenues.
ROLL VOTE: Ayes:  Warmington, Wierengo, Wisneski, Carter, Gawron, and
           Shepherd
            Nays: None
            Abstain: Spataro
MOTION PASSES
2008-59 PUBLIC HEARINGS:
      A. Amendments to Brownfield Plan - Parkland Muskegon, LLC. PLANNING
         & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan.           The
amendments are for the inclusion of property owned by Parkland Muskegon,
LLC in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the redevelopment of the property into
a residential/commercial project will add to the tax base of the City of
Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 24, 2008 at their June l 0, 2008 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions and it has been
published twice in the Muskegon Chronicle.          In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on June 5, 2008 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from the developer John Rooks, Parkland
Properties of Michigan, 940 Monroe, Suite 155, Grand Rapids.
Motion by Commissioner Carter, second by Vice Mayor Gawron to close the
public hearing and approve the amendments to the Brownfield Plan for Parkland
Muskegon, LLC.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION PASSES
      B. Request for an Industrial Facilities Exemption Certificate - Sappi Fine
         Paper. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Sappi
Fine Paper, 2400 Lakeshore Dr., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The company will be making $3,822,200 in
personal property improvements. This qualifies them for a tax abatement of
seven years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of seven years for personal property.
The public hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Commissioner Carter, second by Commissioner Wisneski to close the
public hearing and approve the Industrial Facilities Exemption Certificate for
Sappi Fine Paper.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
           and Wisneski
            Nays: None
MOTION PASSES
2008-60 NEW BUSINESS:
      A. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the following: PUBLIC SAFETY
         2241 Sherin Street
         1174 Jefferson Street - Area 10
         553 Allen Avenue - Area 11
        724 Oak Avenue (House and Garage)
        922 S. Getty Street
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: CDBG Funds for 553 Allen, 724 Oak, 1174 Jefferson, and 922
S. Getty. General Funds for 2241 Sherin.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:         To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 553 Allen
Avenue and 724 Oak Avenue - house and garage,
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 2241 Sherin Street.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
           Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 1174 Jefferson.
Motion by Commissioner Carter, second by Commissioner Wisneski to table 1174
Jefferson Street to the 2nd meeting in July.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
           and Wierengo
            Nays: None
MOTION TO TABLE PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 922 S. Getty Street.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
the item back to staff.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
           and Gawron
            Nays: None
MOTION TO REFER BACK TO STAFF PASSES
      B. Findings of Fact and Recommendation Re:         Spotlight Lounge.   CITY
         MANAGER
SUMMARY OF REQUEST: To consider the Findings of Fact and Recommendation
for the Spotlight, submitted by Hearing Officer Robert 0. Chessman, for potential
revocation of the liquor license for Spotlight.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to
recommend to the Michigan Liquor Control Commission that the liquor license
be revoked.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, and Wisneski
            Nays: Carter, Shepherd, and Wierengo
MOTION PASSES
2008-61 CLOSED SESSION: To Discuss Pending Litigation.
Motion by Commissioner Carter, second by Commissioner Wierengo to go into
closed session to discuss pending litigation.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
           Warmington
            Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Shepherd to come
out of closed session.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
           and Shepherd
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to authorize
the Attorney to execute the consent judgment as discussed.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
           Carter
           Nays: Wisneski
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:02 p.m.


                                           Respectfully submitted,


                                      \.             •         r'\
                                       · •.. ~"'~'\\\ ~\;'\Jvi<2,, jL/"'
                                           Ann Marie Becker, MMC
                                           City Clerk
Date:      June 24, 2008
To:        Honorable Mayor and City Commissioners
From:      Ann Marie Becker, City Clerk
RE:        Fireworks Display Permit for Muskegon Summer
           Celebration and Muskegon Bike Time




SUMMARY OF REQUEST: West Michigan Burners is requesting
approval of a fireworks display permit for July 5th during the Muskegon
Summer Celebration and July 18th during Muskegon Bike Time. Fire
Marshall Metcalf has reviewed the request and recommends approval
contingent on inspection of the fireworks.


FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
  FM• 32j 12· 68)
                                                                           APPLICATION
                                                             FOR FIREWORKS DISPLAY PERMIT
                                                                                                                                I ~H      OF APPLICATf
                                                                    Act 358, P.A. 1968                                          .       - 17-0

I, TYPE OF DISPLAY,                                li5Zl     Public   Display
                                                                                                                •    Agricultural   Pest Control


2. APPLICANT

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          Oi:ERS(!
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                                                                      ADDRESS




3. PYROTECHNIC OPERATOR
                                             '
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                                                                                                           /. ,                                A G V t be 21 or over
                                                                      ADDRE~76
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  EXPERIENCE:                                                                                                   J
  NUMBE/?EARS                  I NUMBE:;f~ L A Y S                    WHER'A/ ( over                      v, 5. I JJ&.E7 ~~1
                                                                                                                       (

  NAMES OF    ASSISTANTS:


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                                                                                                                                               AGE
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                    b~'?O~                                            ADDRESS                                   ./
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4, NON-RESIDENT APPLICANq/
  NAME                                                                ADDRESS


  Name of Michigan Attorney or Resident Agent                         ADDRESS                                                                  TELEPHONE NUMBER




5, EXACJ LOCATION OF PROPOSED DISPLAY

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            ~- -l .,,,              I ~J~                                          {_ (?I;;    (l6    "-.._,,
  DATE              V -;50(y                     t;'                                  O'J~r C'~f- la Jcrl
6. NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED

              -     Po              {01 l vi 5
                             I.A VI.,                      I {:'--,, e/ 0
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              - Flqsl /o7-_s



  MANNER &    PLAD   OF D..R:;E             PRIO:;i'SPLA~w
                                (
                                                             { Subject to Approval of Local Fire Authorities)
                                                                      A.   AMOUNT OF BOND OR INSURANCE
7, FINANCIAL RESPONSIBILITY                                                l to be set by rnunicipatityf               $

 B, BONDING CORPORATION OF              INSURANCE COMPANY: NAME                         I   ADDRESS
                                                                                                                                    2008-57(b)




                                                             PERMIT
                                          FOR FIREWORKS DISPLAY
                                              Act 358, P.A. 1968
                This permit is oat transferable. Possession of this permit by the herein named person will
              authorize him to possi:ss, transport aod display fireworks in the amounts, for the purpose, aod
                                               at the place listed below only.


     TYPE OF DISPLAY:                      X»     PUBLIC DISPLAY                                   ( ) AGRJCULTURAL PEST CONTilOL


    ISSUED TO:         w.    Michigan Burners
    NAME               Josh Colquit
0

    ADDRESS                                                                          AGE
                        17890 Cove Street

    REPRESENTING             Muskegon Summer Celebration
    NAME OF ORGANIZATION, GROUP, FIRM OR CORPORATION


    ADDRESS



    NUMBER & TYPES OF FIREWORKS:

                       Fountains/Gerbs
                        C emoras
                        Flash Pots

    DISPLAY:
                       Heritage Landing                              Lagoon
EXACT LOCATION                                                                                                              10:20 p.m.
                        City of Muskegon                                July 5, 2008                                        After Concert
    CITY, VILLAGE, TOWNSHIP                            DA TE                                                      TIME



    BOND OR INSURANCE FILED:                        ~q: YES                    () NO                                         AMOUNT        $1,000,000.

    ISSUED BY·
                                 Issued by action of the          t,nJSKEGON CITY COMMISSION
                                                                                   (COUtlcil, commiuion. board)
                                 of the      CITY                             of         MUSKEGON
                                                (cny, v1l1.1!1C. :oWTUllip)                   (IWl'IIG(c:ity, vi1111c, 10'Mllh1p)



                        on the   _....:2::...4::...t_h_ _ _ _ day of



                                                                                           (119mu10 .I: po1iuon of council, c.ommi.uion or boud repraenutive)
  FM-32( 12- 68)
                                                                                          APPLICATION
                                                                        FOR FIREWORKS DISPLAY PERMIT                                             I OAi·OF     JPPLICATIOq'
                                                                               Act 358, P.A. 1968                                                I           -",'7vO

I, TYPE OF DISPLAY,                                            .G{J     Public Display
                                                                                                                         •         Agricultural Pest Control




                                                        I+
2. APPLICANT

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                                                                                                                                                                 h'GE: Must p o r over
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  ~ A ~~ORATION: Nam~ President                                                  ADDRESS
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                                              4


J, PYROTECHNIC OPERATOR

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                                  v'\_             t
      ~

            Cv-t iM 1.1v vi 5
          -  Flvi~t-- /of-5


  MANNER &'?SJCE OF STORAGE ?OR TO ~ y

                      ~I/                  ,...,                        (, IA/'
                         (
                                                                       ( Subject to Approval of Local Fire Aulhorities)


7, FINANCIAL RESPONSIBILITY
                                                                             I   A,       AMOUNT OF     BOND OR INSURANCE
                                                                                          l to be set by municipality)                 $
 B. BONDING CORPORATION OF                         INSURANCE COMPANY: NAME                              ADDRESS
                                                                                                               2008-57(b)




                                                 PERMIT
                                     FOR FIREWORKS DISPLAY
                                         Act 358, P.A. 1968
            This permit is not transferable. Possession of this permit by the herein named person will
          authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
                                           at the place listed below only.


  TYPE OF DISPLAY:                   (X)   PUBLIC DISPLAY                      ( )       AGRICUL 11JRAL PEST CONTROL


ISSUED TO:       w.   Michigan Burners
                 Josh Colquit
ADDRESS                                                           AGE
                 17890 Cove Street

REPRESENTING
                        Muskegon Bike Time
NA."1E OF ORGA.'<1ZATION. GROL'P, FIR.\,! OR CORPORATION


ADDRESS



NUMBER & TYPES OF FIREWORKS:

                 Fountains/Gerbs
                       as
                 Flash Pots

DISPLAY:
                 western Avenue between First and Second
EXACT LOCATION
                 City of Muskegon                   July 18, 2008                               Dark - 10:30 p.m.
CITY, VILLAGE, TO\llNSHIP                    DATE                                            TIME



BOND OR INSURANCE FILED:                    (x) YES         ( ) NO                                      AMOUNT $1,000,000.

ISSl/ED BY
                            Issued by action of the MUSKEGON CITY COMMISSION
                                                                (coun"I, oommiuHJn. board)
                            of the    CITY                 of         Ml/SK EGON
                                                                          (n.une 0( cif}', v1ll11c, !QWNhlp)
                                                                                                                        213          828      6339                                    p.02...-02
 JUN-18-2008                      12:24            PM     WHITE      AGENCY            INC

                                                                                                                                                                               DATI! (MMIPO/'f'{VYJ
     ACORD.                     CERTIFICATE OF LIABILITY INSURANCE                                                                  -      •1
                                                                                                                                                           OC:lf' T~
                                                                                                                                                    06/18/08
 PRODUOl!ft                                                                                       THIB Cl!ATIFICATE 19 IB!IUEO AS A MATTER OF INFORMATION
                                                                                                  ONLY AND CONFl!R& NO RICIHTB UPON THE CERTIFICATE
 The Whit• Aqenay - Twin Lak•                                                                     HOLD!R. THl8 C~RTIPICATE DOER NOT AMl!ND, EXTEND OR
 5i4U Halton llo • d                                                                              ALTER TH~ COV~RARODUOT!I
 ADDITIONAi. INSURED: CITY Oli' MUSl(J:GON, ALL ELll:CTtD AND APPOINTED Oli'li'ICIAL8,
 ALL !lll!PLOYEES AND VOLUNTEERS, ALL BOl\JUlH, COMMISSIONS, AND/OR AUTHORITIES
 AND llOAnl> MltllilBER8, INCLUllING EMPLOYEES AND VOLUN'1'EER8 TIIJ:RJ:Oli'

 Ct,RTIPICATE HOLD!Pt                                                                          CANCl!LLAflON
                                                                               0000000          IHOULD ANY Off THR ABOVI! Dl!ICAIIIIBO roLICIJll lllla OANCl!LLEID lillill'O"I! THI! l}O)!AATION
                                                                                                 DA.Tl THl!RltOF, 'l'HB JIIIUIMO INIU.lllft wtl.L l!iND • AVOII 'rO MAIL ~ DAVI WlllTTl!N
                    OXTY OB' MUSKEGON                                                            NOTICI TO 'rH( 01!1\Tl,ICAll ttOlDl!R NAMliO TD THII LIi.FY. 11\JT ,AJLUR6 ro DO 80 IHALL
                    llJ3 TERRACE STREmT
                                                                                                fMPOH NO DBLIOATION ON LIAlllLIT't' 01'1 ANY KIND UN>N THI! INIURU, ITll AOt!HTI 0~
                    MUSKICION MI 49440
                                                                                                RlilPREIBl!NTATIVlill,
                                                                                               AUTHOJ:1112;1!D JU!PRlillii~TATIVf:


 ACOlm 26 (30O1/DU)
                                                                                                L~••       ll Reichle
                                                                                                                                                             ~,\CORO CORPORATION 1898
933 Terrace Street            OFFICE 231 -724-6705           Cir,' Ot= MUSl\~60~
Muskegon, MI 49440            FAX 23 1-724-4178
                                                             CL~l?l\~S Ot=t=IC~



       To:      Tim McClorey or Keith Potter         From:            Linda


       Fax:                                          Pages(including cover)         4


       Phone:                                        Date:           6-19-08


       Re:                                           CC:


       0 Urgent      •   For Review   O Please Comment       •   Please Reply   •   Please Recycle




Hi,
Please check out the insurance coverage for a fire show during Summer Celebration and
Bike Time. One will be at a county park (on the barge in the lagoon) and the other will be
on Western Avenue.
Thanks,
Linda
(231)724-6915
 ··=•·                         ====-·      ---~=---.       H.    "    4;;;'','il\
                                                                     74-8331/2724       11

                                                      6 -/7---o&'             DATE      Ii
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                                                                                        j
                                                                                        !
             Commission Meeting Date: June 24, 2008




Date:        June 13, 2008

To:           Honorable Mayor and City Commissioners
From:        Planning & Economic Development         ci!f:_
RE:          Rezoning request for property located at 552 W. Southern
             Ave.



SUMMARY OF REQUEST:
Request to rezone the property located at 552 W. Southern Avenue, from B-2,
Convenience and Comparison Business District to 1-1, Light Industrial District.

FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 6/12
meeting. The vote was unanimous, with B. Mazade, T. Harryman and B. Smith
absent.
                            CITY OF MUSKEGON

                          MUSKEGON COUNTY, MICHIGAN

                             ORDINANCE NO.       2244

An ordinance to amend the zoning map of the City to provide for a zone change for
certain properties from B-2" Convenience and Comparison Business" district to I-1
                            "Light Industrial" district.

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 of the
following described property from B-2 "Convenience and Comparison Business" district
to I-1 "Light Industrial" district:

     CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8, 9 & 13 BLK 416

This ordinance adopted:

Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and
      Wierenga
Nayes:--'=n=----------------------------

Adoption Date:     June 24, 2008

Effective Date:    July 14, 2008

First Reading:     June 24    2008

Second Reading:    NA


                                                 C I ~ MUSKEGON

                                                 By;~\J\A~,\
                                                   Ann Marie Becker, MMC
                                                                                 c\lL~
                                                   City Clerk
               CERTIFICATE        (Rezoning of552 W. Southern B-2 to I-1)

        The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 24 th day of June, 2008, at
which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were
kept and will be or have been made availab as required thereby.

DATED: -~J=u=n=e~24~---' 2008.                                           ~
                                              Ann Marie Becker, 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 June 24, 2008, the City Commission of the City of Muskegon adopted
      an ordinance amending the zoning map to provide for the change of zoning of the following
      property from to B-2 "Convenience and Comparison Business" to I-1 Light Industrial":

               CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 8, 9 & 13 BLK 416

      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: July 2, 2008                             CITY OF MUSKEGON

                                                          By _ _ _ _ _ _ _ _ _ _ _~
                                                               Ann Marie Becker, MMC
                                                               City Clerk




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

Account No. 101-80400-5354
                                   Staff Report [EXCERPT]
                                    CITY OF MUSKEGON
                                  PLANNING COMMISSION
                                     REGULAR MEETING

                                          June 12, 2008

Hearing; Case 2008-15: Request to rezone the property at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business District, to 1-1, Light Industrial District, by Jim
Perreault, Spec Abrasives.

Applicant:                            Jim Perreault, Spec Abrasives

Property Address/Location:            552 W. Southern Avenue

Request:                             Rezoning from 8-2, Convenience and Comparison
                                     Business to 1-1, Light Industrial

Present Land Use:                    Warehouse

Zoning:                              8-2, Convenience and Comparison Business


STAFF OBSERVATIONS
1.   The site is a large parcel that presently is owned by Brad Lange, who has used most of
     the building for storage since it was built. The front portion is being used by Schmidt
     Roofing Company.
2.   The applicant is requesting a rezoning from a 8-2, Convenience and Comparison
     Business zone, to 1-1, General Industrial zone.
3.   The applicant wishes to purchase the property and expand a portion of his business from
     across the street at 543 W. Southern. The company currently performs part refinishing,
     as well as building and repair of machinery. They would like to move their machinery
     business to the subject property. They currently employ 16 people, up from 4 employees
     when they bought the company.
4.   The property currently is zoned 1-1, and is long and narrow in configuration with no
     possible way to add additional floor space to their current building.
5.   The property to the north and east is zoned R-1, One Family Residential. The property to
     the west is zoned OSR, Open Space Recreation, and is the site of Clara Shepherd Park.
     The property to the south is zoned 1-1.
6.  The Future Land Use Map shows this area as "Industrial". The industrial uses allowed in
    this zone "meet a higher standard of restrictions than those imposed in the 1-2 zoning
    district", with heavier uses only allowed through special land use permit, or in an 1-2,
    General Industrial zones. For example, casting of metal parts can only be done as an
    incidental use to the allowed machine shop or metal finishing process.
7.   While staff has some concerns regarding an industrial use so close to residential
     properties, the applicant would also be purchasing the residential lots facing Eighth Street


                                                                                                5
       and on the corner of Eighth and Southern Avenue on the east side. These lots would
       remain zoned "R", One Family Residential. The loading docks for the building are
       located on the Southern Avenue side of the building and facing W. Grand Avenue, across
       from Nelson School's parking lot, closest to Clara Shepherd Park, so truck traffic should
       not disturb the neighborhood.
8.     Kathy Hulbert, 465 W. Southern Avenue called to say she was in favor of the request.




Rear of property as seen from Grand Avenue.      Front of the building as seen from Southern.




                                                                                                6
                                                          R-1
                                                      0
                                                          0SRI
                                                            . ·.·I 111'
                                              !-1         \ \.··1, i.l I, 1'
                                                            \\ *
                                                             ' '
                                                                        'B-2
                                                                       i""""

                                                                        \ ,'.
                                               I'                               . (   '
                                                                                      -,   ,_

                                             ,- 1 !
                                                                                  I'




                                                                  1-2




STAFF RECOMMENDATION
Staff recommends approval of the request to rezone the subject property from B-2, Convenience
and Comparison Business district to I-1, Light Industrial district, because the request conforms to
the goals and recommendation of the City's 1997 Master Plan and Future Land Use Plan and
zoning district intent.

DELIBERATION

Criteria-based questions typically asked during a rezoning include:

I.     What, if any, identifiable conditions related to the petition have changed which justify
       the petitioned change in zoning.

2.     What are the precedents and the possible effects of precedent that might result from the
       approval or denial of the petition?

3.     What is the impact of the amendment on the ability of the city to provide adequate
       public services and facilities and/or programs that might reasonably be required in the
       future if the petition is approved?


                                                                                                 7
4.     Does the petitioned zoning change adversely affect the environmental conditions or value
       of the surrounding property?

5.     Does the petitioned zoning change generally comply with the adopted Future Land
       Use Plan of the City?

6.     Are there any significant negative environmental impacts which would reasonably
       occur if the petitioned zoning change and resulting allowed structures were built such as:

       a.      Surface water drainage problems
       b.      Waste water disposal problems
       c.      Adverse effect on surface or subsurface water quality
       d.      The loss of valuable natural resources such as forest, wetland, historic sites,
               or wildlife areas.

7.     Is the proposed zoning change a "Spot Zone"?

       a.      Is the parcel small in size relative to its surroundings?
       b.      Would the zoning change allow uses that are inconsistent with those allowed in
               the vicinity?
       c.      Would the zoning change confer a benefit to the property owner that is not
               generally available to other properties in the area?
       d.      A spot zone is appropriate if it complies with the Master Plan.


DETERMINATION

The following motion is offered for consideration:

I move that the request to rezone the propetty located at 552 W. Southern Avenue from B-2,
Convenience and Comparison Business district to 1-1, Light Industrial district, as described in
the public notice, be recommended for (approval/denial) to the City Commission pursuant to
the City of Muskegon Zoning Ordinance, and the dete1mination of (compliance/lack of
compliance) with the intent of the City Master Land Use and zoning district intent.




                                                                                                  8
          Commission Meeting Date: June 24, 2008




Date:      June 16, 2008
To:        Honorable Mayor & City Commission
From:      Planning & Economic Development Department c.i!::C,
RE:        Smith Ryerson Community Center Contract


SUMMARY OF REQUEST: The Muskegon Recreational Center (MRC),
Inc. has been managing the Smith Ryerson Community Center since
July 2006. The management has been successful, with many area
youth (as well as others in the community) being served. As the
Contract between MRC and the City concludes July 1, 2008, it is
recommended that a new two-year contract be approved. The new
Contract also includes use of the facility by the Muskegon Summer
Adventure Program.
FINANCIAL IMPACT: The Contract specifies that the Manager will
receive its management fee through the revenue generated at the
Center.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Contract and
authorize the Director of Community & Economic Development and the
City Clerk signatures.
COMMITTEE RECOMMENDATION: None.
                                                                                           2008-57(e)



                                   CITY OF MUSKEGON
                           OPERATIONS MANAGEMENT CONTRACT
                           SMITH RYERSON COMMUNITY CENTER

        This is a Contract, effective July I, 2008, for the management of the entire operations,
management and promotion of the Smith Ryerson Community Center ("Center"), made between the City
of Muskegon, a Michigan municipal corporation, of933 Terrace Street, Muskegon, Michigan 49440
("City") and Muskegon Recreational Center, Inc., a Michigan non-profit corporation, of 4564
Manchester Lane, Twin Lake, Michigan, 49457 ("Manager").

                                                 Background

         The City is the owner of the Center, located at 500 Wood Street, Muskegon, Michigan, 49442.
The Manager has provided the City with a proposal for its services to manage the Center. In the event of
any conflict, this Contract prevails over any terms in the proposal. The proposal is attached as Exhibit A
and is incorporated except as limited by this Contract.

        Therefore, the parties agree as follows:

         I.      Management; Operation; Maintenance; Improvements. The Manager agrees to
perform all acts and assume all responsibilities for the management, operation, maintenance and
improvements of the Center. The Manager's responsibilities include, but are not limited to, all operation of
the building and its systems, complete maintenance thereof, repairs, cleaning, snow removal, and
improvements to the building and the premises necessary for the efficient, timely and full operation
thereof. The Manager's responsibility shall further include the retaining and hiring of all personnel or, if
approved by the City, independent contractors, for the purpose of carrying out all the responsibilities and
functions of the Manager.

         2.       Expenses. The Manager shall pay on a timely basis, without incurring any cost of default
or penalties, all expenses, payroll, payroll taxes, benefits, taxes, if any, and costs of any kind necessary or
related to the complete performance of its responsibilities as Manager. Excepted from these costs shall be
only utility expenses (as defined herein), which the City agrees herein to pay directly.

         3.      Manager; Agency Status. The Manager shall carry on the responsibilities set forth
above, and all incidental or related performances, functions or acts, and shall pay all the said expenses and
costs, all on behalfofthe City.

         4.        Level of Performance; Standards; Prices. The Manager's performance and assumption
of the responsibilities undertaken by this Contract shall be carried out and performed to the satisfaction of
the City, in its sole judgment and discretion. The Manager shall charge reasonable prices and fees for all
paid events and from all paid users, concessionaires and others, which shall be reviewed and adjusted by
the City at its option.

        5.       Participants It is the intent of the City that the Center be used for programs involving the
youth of the City of Muskegon. The Manager shall keep a log of all participants, their age group and their
residence and submit that report on a quarterly basis to the City's Leisure Services Supervisor.

        6.       Muskegon Summer Adventure Program. The participants in the City's Summer
Adventure Program, located at Smith Ryerson Park, will be allowed to use the facility Monday- Friday,
June 16-August l (Fridays will be until Noon, only). City staff will coordinate with the Manager to
ensure the building is maintained and in order for weekend rentals.
                                                                                               Page I of 5
       7.Quarterly Reports. The Manager shall provide City with quarterly reports detailing all income
and expenditures. Manager shall also provide the City with a copy of the participant log on a quarterly
basis.

         8.       Management Fee. For its management and maintenance services, the Manager shall be
entitled to keep any and all revenue generated at the Center as a management fee. The said management
fee shall be the sole compensation to the Manager, and Manager shall pay all the expenses contemplated
by this Contract without further payments from the City.

         9.       Records; Audit of Financial Information. The Manager shall afford the City at
reasonable times every opportunity to examine its financial records, books, bank accounts, evidence of
receipts and expenses, invoices, any computer records, and any other information deemed appropriate by
the City in order to verify the receipts, uses and payment of funds by the Manager under this Contract. For
said purpose the Manager shall provide the City with all necessary means to access any computer records,
programs, systems, databases or other information. Copies of any information required by the City,
whether on paper or by computer media, as requested by the City, shall be afforded the City immediately
upon its request.

         10.    Possession; Termination. The parties agree that possession during the term of this
management contract remains with the City. The Manager shall act as an agent of the City, and its
presence and possession in the Center is carried on entirely on behalf of the City. This Contract shall not
be construed as a lease or to give Manager any property right whatsoever in the Center for any purpose. In
the event oflawful termination either before the term of this Contract or at the end thereof, Manager shall
vacate the premises without any notice or necessity of judicial proceedings.

        11.      Property; Termination. All portable property purchased by the Manager or donated to
the Manager shall be retained by the Manager when this Agreement terminates, with the exception that any
property left on the premises fourteen (14) days after termination shall be deemed to be the property of the
City. All property owned by the City and used by the Manager shall remain the property of the City.

        12.     Condition of the Premises and Property. On termination the Manager shall deliver all
the property and the premises to the Manager in good and useable condition, except for the effects of
ordinary wear and tear. Manager shall be immediately responsible for any repairs necessary to restore any
property, whether real or personal, fixtures or otherwise, to _the said condition.

         13.      Term. The term of this Contract shall be two (2) years from the effective date, provided
that either party may terminate this Contract without cause, effective upon 60 days written notice to the
other party.

         14.     Insurance. The Manager shall obtain insurances required by the City in at least the
coverage amounts set forth below. In all the following coverages except workers' compensation insurance,
the City shall be named as additional insured or loss payee, and each policy shall carry the commitment by
the company that no cancellation shall be effective against the City without thiity (30) days written notice
to the City:

                 14.1. Comprehensive general liability insurance. The Manager shall obtain a
        comprehensive liability insurance policy through a company licensed to do business in
        Michigan and acceptable to the City, carrying limits ofat least $3,000,000, single limit.



                                                                                                    Page 2 of 5
                14.2. Workers' compensation insurance. The Manager shall carry workers'
        compensation insurance in the amounts required by state law.

                   14.3. Other insurances. Any insurances which are available and which are
        especially appropriate for the operation of the Center, such as coverages involving
        professional or amateur boxing and the like, covering liability and the cost of injuries to
        persons and property shall be obtained by the Manager, with liability coverages carrying at
        least a single limit of$1,000,000.

        15.      Insurance Notices. Cancellation Notice: Workers' Compensation Insurance and
Commercial General Liability Insurance, as described above, shall include an endorsement stating the
following: "It is understood and agreed that, in order to be effective, thirty (30) days' Advance Written
Notice of Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent to:

                         City of Muskegon
                         Attn: City Manager
                         933 Terrace Street
                         P.O. Box 536
                         Muskegon, MI 49443-0536

        16.      Assignment. The Manager may not assign this Contract. Any attempted assignment or
change in entity of the Manager shall constitute a violation of this Contract and cause immediate
termination in the City's discretion.

         17.     Hold Harmless and Indemnity. To the fullest extent pennitted by law, Manager agrees
to defend, pay in behalf of, indemnify, and hold harmless the City, its elected and appointed officials,
employees and volunteers and others working in behalf of it against any and all claims, demands, suits, or
loss, including all costs connected therewith, and for any damages which may be asserted, claimed or
recovered against or from the City, its elected and appointed officials, employees, volunteers or others
working in behalf of it, by reason of personal injury, including bodily injury and death and/or property
damage, including loss of use thereof, which arises out of or is in any way connected or associated with
this Contract.

        18.       Duties of the City.

                  18.1    Paint. The City shall provide Manager with any paint necessary to maintain the
        Center.

                18.2     Lawn Mowing; Supplies. The City shall provide the Center with lawn mowing,
        custodial supplies, and trash service.

                  18 .3    Utilities. Interruption of utility service shall not result in any damages or claim
        against the City. Manager covenants that it will not unnecessarily use the gas, utility, and water
        utilities at the Center. If City determines, in its sole discretion, that Manager is using the utilities
        in a wasteful manner, City shall have the right to charge the Manager for the excess utility costs.

         19.      General Provisions.

                19.1   Independent Contractor. The Manager is an independent contractor
        and not an employee of the City. Manager is responsible for all it's own personnel and all


                                                                                                       Page 3 of 5
        other expenses and costs as set forth in this Contract and shall not have recourse to the
        City for any claims involving the said expenses or costs.

                19.2     Corporate Status. Manager warrants that it is a Michigan non-profit
        corporation in good standing and is authorized to perform this Contract.

                 19.3   Equal Employment Opportunity; Discrimination. The Manager shall not
        discriminate unlawfully against any person in violation of any law or rule of the City, the
        County, the State of Michigan or the federal government, in employment, services or any
        other respect. The Manager shall comply in each and every way with the City of
        Muskegon's affirmative action plans or policies, and shall never discriminate against any
        person based on race or any other protected status under the laws of the State or the United
        States.

        20.       Defaults. Violation of any of the provisions of this Contract by the Manager, and failure
to remedy or cure such violation within thirty (30) days after written notice of such violation from the City,
shall constitute default by the Manager and constitute cause for immediate termination of this Contract:

         21.      Non-Waiver. Failure to enforce any remedy for a breach or a violation of this Contract
shall not constitute waiver of subsequent breaches or violations.

         22.     Remedies of the Manager. In the event the City breaches this Contract in any way, or
the Manager determines that a breach or failure to observe any covenant or condition by the City has
occurred, the Manager's sole remedy shall be termination of this Contract. The Manager shall not be
entitled to any damages for breach of contract, or to any injunctive relief to enforce this Contract. In the
event there are sums legally due to the Manager at the time of such termination they shall be paid
forthwith, but no consequential damage or damages for breach shall be awarded or available to the
Manager.

       23.      Liens. The Manager shall be responsible for protecting the Center from any and all liens,
mortgages, security interests or claims for any interest in any property.

        24.      Counterparts. This Contract may be executed in counterparts, and each set of duly
delivered identical counterparts that includes all signatories shall be deemed to be one original document.

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

        26.      No Third Party Beneficiary. This Contract shall benefit only the parties to this Contract,
and not any third party.




                                                                                                     Page 4 of5
         27.      Notices. All notices, approvals, consents and other communications required under this
Contract shall be in writing and, except when receipt is required to start the running of a period of time,
shall be deemed given: (i) when delivered in person; (ii) when sent by telephone facsimile or e-mail, (the
sender shall also mail or send a "hard copy" following the facsimile or e-mail, however, the notice shall be
effective upon the transmission of the facsimile or e-mail); (iii) one (1) day after depositing in the custody
of a nationally-recognized receipted overnight delivery service with delivery fees prepaid; or, (iv) two (2)
days after posting in the United States Mail, first-class. Notices shall be sent to the parties at their address
stated above.




                                                    CITY OF MUSKEGON


                                                             Cathy   rubaker-Clarke, Director of Community
                                                           If ~p~~omic Development
                                                    Dated: ':f (   "J        , 2008
                                                    B y ~~V\,~,
                                                           Ann Marie Becker, City Clerk
                                                                                       csk~
                                                    Dated: ,;;TIA n e,, d      7 ,
                                                                                 2008




                                                                                                      Page 5 of 5
                  Commission Meeting Date: June 24, 2008




Date:        June 13, 2008
To:          Honorable Mayor and City Commissioners
From:        Planning & Economic Development Cif._
RE:          Vacation of a portion of Emerald Street


SUMMARY OF REQUEST:

Request for the vacation of Emerald Street, between Allen and Apple Avenues.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends vacation of the portion of Emera! Steeet between Allen and Apple
Avenues, with the condition that all utility easement rights be retained.

COMMITTEE RECOMMENDATION:

The Planning Commission unanimously recommended the vacation, with B. Mazade,
T. Harryman, and B. Smith absent.




6/13/2008
                                  CITY OF MUSKEGON

                                RESOLUTION #2008-SS(d)

             RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET

WHEREAS, a petition has been received to vacate Emerald Street, between Allen and Apple
Avenues; and

WHEREAS, the Planning Commission held a public hearing on June 12, 2008 to consider the
petition and subsequently recommended the vacation; and

WHEREAS, due notice had been given of said hearing as well as the June 24, 2008 City
Commission meeting to consider the recommendation of the Planning Commission;

NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Emerald Street, between Allen and Apple Avenues; and

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

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

Adopted this 24th day of June, 2008.

        Ayes: Warmington, Wierenga, Wisneski, Carter, Gawron, and Shepherd

       Nays: None

       Absent: None




                                                Attest:     \,V', (\~~ ~J~
                                                          Ann Marie Becker, MMC, City Clerk
         CERTIFICATE (Vacation of Emerald Street between Allen and Apple Avenues)


I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on June 24, 2008.
                                                     (

                                                     \     .,     11   l      .   ?
                                                         \11 \ i:,, I '"UA 1 , 1,2 c.,<
                                                                                         L~
                                                          Ann Marie Becker, MMC
                                                          Clerk, City of Muskegon
City of Muskegon
Planning Commission
Case # 2008-14
                                      -    Selected property

                                          ,Affected properties




                       AMITY AVENUE




                      Al.LEN AVENUE

                1i
                                    Staff Report [EXCERPT]
                                      CITY OF MUSKEGON
                                    PLANNING COMMISSION
                                      REGULAR MEETING

                                               June 12, 2008



Hearing; Case 2008-14: Request to vacate the Emerald Street, between Apple and Allen Avenues,
by Jack Niemiec, County of Muskegon.

BACKGROUND

Muskegon County owns and operates the John Halmond Center, which houses Community Mental
Health located at 318 E. Apple Avenue. They have recently purchased a large parcel of land located
to the east, across Emerald Street with the intention of expanding their facility. In order for the
expansion to take place, the County requests that the portion of Emerald Street between Allen and
Apple Avenues be vacated.

The Fire Department has no issues with this street vacation request. The Engineering Department and
Department of Public Works, however, have some comments and requirements. The City has a six
inch water main located in Emerald Street that would need to be abandoned or it could be used by the
County as a service from either end of the property. There is also a section of sanitary sewer in
Emerald that extends off Allen to the south. It should also be abandoned prior to development, or it
could be used by the County All costs associated with abandonment or re-use will be the
responsibility of the County.




    Emerald Street from across Apple Avenue.            Emerald Street from Allen Street.
                        John Halmond Center as seen from across Apple Avenue.




City of Muskegon
Planning Commission
Case # 2008-14
                                                                                Selected property

                                                                            D   Affected properties




                      ALLEN AVENUE

                   11
STAFF RECOMMENDATION

Staff recommends approval of the request.


DELIBERATION

I move that the vacation of Emerald Street from Allen A venue to Apple A venue, be recommended to
City Commission for (approval/denial), based on (compliance/lack of compliance), with the City's
1997 Master Land Use Plan, with the following conditions:



1.     All utility easements will be retained.
2.     Those sections of the water main and sanitary sewer line located in Emerald Street be either
       abandoned or re-used, at the expense of Muskegon County.
              Commission Meeting Date: June 24 2008




Date:         June 17, 2008
To:           Honorable Mayor & City Commission
From:         Planning & Economic Development Department(J2C.,
RE:           Public Hearing for Amendments to Brownfield
              Plan - Parkland Muskegon, LLC


SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by Parkland Muskegon, LLC in
the Brownfield Plan.

FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the redevelopment of the property into a
residential/commercial project will add to the tax base of the City of Muskegon.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.

COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for June 24, 2008 at their June 10, 2008 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions and it has been published
twice in the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on June 5, 2008 and further recommends
that the Muskegon City Commission approve the Plan amendment.
                                                                              2008-59(a)




      RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT

                                     Parkland Muskegon, LLC

                                        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
                                th
Chambers, on the           24        day of     June        , 2008, at 5:30 p.m., prevailing

Eastern Time.

PRESENT:        Members

 Gawron, Shepherd, Spataro, Warmington, Wierenga, Wisneski,

 and Carter



ABSENT:         Members

 None

        The    following        preamble      and   resolution   were   offered    by   Member

_c"'a""r'-'t""e'-"r~--- and supported by Member --"-G,._aw"'r"-'o"--'n"---------

        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 Parkland Muskegon, LLC; 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 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, a notice of the Public Hearing on the proposed Brownfield Plan

Amendment was published twice in the Muskegon Chronicle, the first of which was

not less than 10 days before the scheduled Public Hearing; and

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

Brownfield Plan on June 24, 2008.

       NOW, THEREFORE, BE IT RESOLVED, THAT

       1.      Definitions. Where used in this Resolution the terms set forth below

shall have the following meaning unless the context clearly requires otherwise:

       "Eligible Property" means the property designated in the Brownfield Plan as

the Eligible Property, as described in Act 381.

       "Brownfield Plan" means the Brownfield Plan prepared by the Authority, as

transmitted to the City Clerk by the Authority for approval, copies of which

Brownfield Plan are on file in the office of the City Clerk.
        "Taxing Jurisdiction" shall mean each unit of government levying an ad

valorem property tax on the Eligible Property.

        2.      Public Purpose.   The City Commission hereby determines that the

Brownfield Plan Amendment constitutes a public purpose.

        3.     Best Interest of the Public. The City Commission hereby determines

that it is in the best interests of the public to promote the revitalization of eligible

properties in the City to proceed with the Brownfield Plan Amendment.

4.      Review Considerations. As required by Act 381, the City Commission has,

in reviewing the Brownfield Plan Amendment, taken into consideration whether the

Brownfield Plan Amendment meets the requirements set forth in Section 13 of Act

381.

5.     Approval and Adoption of Brownfield Plan Amendment. The Brownfield

Plan Amendment as submitted by the Authority is hereby approved and adopted. A

copy of the Brownfield Plan and all amendments thereto shall be maintained on file

in the City Clerk's office.

6.      No Capture of Tax Increment Revenues by Authority. The Authority shall

not capture Tax Increment Revenues on the Eligible Property, as described in the

Brownfield Plan Amendment.

7.      Disclaimer. By adoption of this resolution and approval of the Brownfield

Plan Amendment, the City assumes no obligation or liability to the owner, developer

or lessor of the Eligible Property for any loss or damage that may result to such

persons from the adoption of this resolution and Brownfield Plan Amendment. The

City makes no guarantees or representations as to the determinations of the
appropriate state officials regarding the ability of the owner, developer or lessor to

qualify for a Michigan Business Tax credit pursuant to P.A. 36 of 2007, as

        amended, or as to the ability of the Authority to capture tax

increment revenues from the State school taxes for the Brownfield

Plan.

8.      Repealer.   All resolutions and parts of resolutions insofar as they conflict

with the provisions of this resolution be and the same hereby are rescinded.

AYES:          Members

 Shepherd, Spataro, Warmington, Wierenga, Wisneski, carter,

 and Gawron



NAYS:

Members       None



RESOLUTION DECLARED ADOPTED.

                                                  ¾    .   r\\~ . ""LI.,~
                                                   arie Becker, City Clerk
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 June 24, 2008, 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.
                     Commission Meeting Date: June 24, 2008




Date:         June 16, 2008

To:           Honorable Mayor and City Commissioners

From:         Planning & Economic Development              c.Jl2£
RE:           Public Hearing - Request for an Industrial Facilities Exemption
              Certificate - Sappi Fine Paper



SUMMARY OF REQUEST:

Pursuant to Public Act 198 of 1974, as amended, Sappi Fine Paper, 2400 Lakeshore Dr.,
has requested the issuance of an Industrial Facilities Tax Exemption Certificate. The
company will be making $3,822,200 in personal property improvements. This qualifies them
for a tax abatement of seven (7) years for personal property.

FINANCIAL IMPACT:

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

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of seven (7) years for personal property.



COMMITTEE RECOMMENDATION:

None




6/1612008
                                                                                                                                                              RECEIVED
Michigan Department of Treasury
1012 (Rev. 5-07)
                                                                                                                                                                  Mt\Y 3 0 2008
Application for Industrial Facilities Tax Exemption Certificate
Issued under authority of Public Act 198 of 1974, as amended. Filing is mandatory.                                                                          CITY OF MUS/\EGOl\i
                                                                                                                     PLANNING DEPARTMENT
INSTRUCTIONS: File the original and two copies of this form and the required attachments (three complete sets) with the clerk of the
local government unit. The State Tax Commission (STC) requires two complete sets (one original and one copy). One copy is retained
by the clerk. If you have any questions regarding the completion of this form or would like to request an informational packet, call (517)
373-3272.
                                                        To be completed by Clerk of Local _Gov.emm.e11tUnit
                                                                                             • Date received by local Unit
                                                                                                 ,$,y: 30, dOO J>
                                                                                  STC Use Only



APPLICANT INFORMATION
All boxes must be completed.
 • 1a. Company Name (Applicant must be the occupant/operator of the facility)                • 1b. Standard Industrial Classification (SIC) Code - Sec. 2(10) (4 or 6 Digit Code)
Sappi Fine Paper North America                                                               2621
 • 1c. Facility Address (City, State, ZIP Code) (real and/or personal property location) • 1d. City/TownshipNillage (indicate which)               • 1e. County
 2400 Lakeshore Drive, Muskegon, Ml 49443                                                    City of Muskegon                                      Muskegon
 • 2. Type of Approval Requested                                                             • 3a. School District where facility is located       • 3b. School Code
  ~ New (Sec. 2(4))                    D Transfer (1 copy only)     Muskegon                                         61010
  D Speculative Building (Sec. 3(8))   D Rehabilitation (Sec. 3(1)) 4. Amount of years requested for exemption (1·12 Years)
  D Research and Development (Sec. 2(9))                             6 years after completion of project
5. Per section 5, the application shall contain or be accompanied by a general description of the facility and a general description of the proposed use of the facility, the general
nature and extent of the restoration, replacement, or construction to be undertaken, a descriptive list of the equipment that will be part of the facility. Attach additional page(s} if
more room is needed.

The applicant is engaged in the manufacturing of high-quality coated commercial printing paper products. The new
machinery and equipment will keep the mill competitive.



 6a. Cost of land and building improvements (excluding cost of land) .. _                                                               •
       * Attach list of improvements and associated costs.                                                                                     Real Property Costs
       * Also attach a copy of building permit if project has already begun.
 6b. Cost of machinery, equipment, furniture and fixtures ...                                                                           •      $3,822,200.00
       * Attach itemized listing with month, day and year of beginning of installation, plus total                                             Personal Property Costs
 6c. Total Project Costs ....                                                                                                           •      $3,822,200.00
 * Round Costs to Nearest Dollar                                                                                                               Total of Real & Personal Costs
7. Indicate the time schedule for start and finish of construction and equipment installation. Projects must be completed within a two year period of the effective date of the
certificate unless otherwise approved by the STC.
                                                  Begin Date (M/D00                        End Date (M/DLY)

  Real Property Improvements                •                                                                               •   Downed            0   Leased
                                                           1/30/08                                8/30/08
  Personal Property Improvements            •                                                                               •   ~Owned 0Leased

 • 8. Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (MEDC)? If yes, applicant must attach a signed MEDC Letter of
Commitment to receive this exemption.          D Yes {g] No
 • 9. No. of existing jobs at this facility that will be retained as a result of this project. • 10. No. of new jobs at this facility expected to create within 2 years of completion.
195                                                                                           0
11. Rehabilitation applications only: Complete a, band c of this section. You must attach the assessor's statement of SEV for the entire plant rehabilitation district and
obsolescence statement for property. The Taxable Value (TV) data below must be as of December 31 of the year prior to the rehabilitation.

  a. lV of Real Property (excluding land)
  b. TV of Personal Property (excluding inventory)
  C. Total TV ..

 • 12a. Check the type of District the facility is located in:
              [gl Industrial Development District                 D Plant Rehabilitation District
 • 12b. Date district was established by local government unit (contact local unit) • 12c. ls this application for a speculative building {Sec. 3(8))?
 12/13/83                                                                                             D Yes            ~ No
1012, Page 2


APPLICANT CERTIFICATION - complete all boxes.
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial property for which this application is being
submitted.

It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, inclusive, of
the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements
thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Industrial Facilities Exemption
Certificate by the State Tax Commission.
 13a. Preparer Name                            13b. Telephone Number                  13c. Fax Number                            13d. E-mail Address
 Cindy Hendon                                  (260) 490-2121                         (260) 490-1707                              [email protected]
 14a. Name of Contact Person                   14b. Telephone Number                  14c. Fax Number                            14d. E-mail Address

 Cindy Hendon                                  (260) 490-2121                         (260) 490-1707                              [email protected]
 • 15a. Name of Company Officer (No Authorized Agents)
 J~""'ri IQ, ~oiler
15b.   · natu ,                  icer (No Authorized Agents)                          15c. Fax Number                            15d. Date
                       ~\M) \----...:_,                                               (231) 759-8244
                  ,.
 • 15e. Mailing Address (Str"ffl:lt, City, State, Z!P Code)                           15f. Telephone Number                      1Sg. E-mail Address
 2400 Lakeshore Drive, Muskegon, Ml 49443                                              (231) 759-5242                              john.o'[email protected]

LOCAL GOVERNMENT ACTION & CERTIFICATION - complete all boxes.
This section must be completed by the clerk of the local governing unit before submitting application to the State Tax Commission, Check items on file
at the Local Unit and those included with the submittal.

 • 16. Action taken by local government unit                                          16b. The State Tax Commission Requires the following documents be filed for an
                                                                                      administratively complete application:
   [Zl Abatement Approved for _fl__ Yrs Real (1-12), ....7__ Yrs Pers (1-12)            Check or Indicate N/A if Not Applicable
                                                                                        -
            After Completion J:'8]'Yes D No                                                    1. Original Application plus attachments, and one complete copy
                                                                                        -
                                                                                               2. Resolution establishing district
   D Denied (Include Resolution Denying)                                                -




                                             - __ .
                                                                                               3. Resolution approving/denying application.
                                                                                        -
                                                                                               4. Letter of Agreement (Signed by local unit and applicant)
16a. Documents Required to be on file with the Local Unit                               -
                                                                                               5. Affidavit of Fees (Signed by local unit and applicant)

        ' '"". "" ,,,, ,.,.
   Check or Indicate N/A if Not Applicable                                              -
   ~                                                           ,,,
        2. Notice to taxing authorities of opportunity for a hearing.
                                                                     ~~.                -      6.
                                                                                               7.
                                                                                                    Building Permit for real improvements if project has already begun
                                                                                                    Equipment List with dates of beginning of installation
                                                                                        -
        3. List of taxing authorities notified for district and application action.            8.   Form 3222 (if applicable)
                                                                                        -
        4. Lease Agreement showing applicants tax liability.                                   9.   Speculative building resolution and affidavits (if applicable)
                                                                                        -
16c. LUCI Code                                                                        16d. School Code

                                                                                                           C:I0/0
17. Name of Local Government Body                                                      • 18. Date of Resolution Approving/Denying !his Application
   {!,/fv of                  /JJlls/(e,9.0/?                                                      t-cJt/-OJ'
Attached hereto is an original and one copy of the application and all documents listed in 16b. I also certify that all documents listed in 16a are
on file at the local unit for inspection at any time.
                                                                                                                    19c. E-mail Address
19~: Signature.of ?erk             "   ti . . I
    , \ ' .\ \ 'I '\\., \_         L ,S z.Jl ,,                                                                      a.nn,   b,c.!:er e        o.sfman, or
19d. Clerks Mailing Address (Street, City, State, ZIP Code)

       933 Te:.rrace                   ;7JJ _, e ol'/
19e. Telephone Number                                                                 19f. Fax Number

       (231)             7d'/-670S"                                                         (.2.J'i)        7:?'/-l/l7J
State Tax Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31
each year will be acted upon by December 31. Applications received after October 31 may be acted upon in the following year.
Local Unit: Mail one original and one copy of the completed application and all required attachments to:
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Ml 48909-7971

(For guaranteed receipt by the STC, it is recommended that applications are sent by certified mail.)


                                                                           STCIJSEONlY
 • LUCI Code                                                           • Begin Date Personal
                                           Resolution No. 2008-59 ( b)

                                      MUSKEGON CITY COMMISSION

                        RESOLUTION APPROVING APPLICATION FOR ISSUANCE
                         OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
                                  Sapp/ Fine Paper North America


WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on December 13,
     1983, this Commission by resolution established an Industrial Development District as requested by
     Sappi Fine Paper North America, 2400 Lakeshore Drive, Muskegon, Michigan 49441; and

WHEREAS, Sappi Fine Paper North America has filed an application for the issuance of an Industrial Facilities
     Tax Exemption Certificate with respect to new machinery and equipment will be installed within said
     Industrial Development District ; and

WHEREAS, said application was filed no later than six months after project completion and the Muskegon City
     Commission held a public hearing on June 24, 2008, at the Muskegon City Hall in Muskegon, Michigan
     at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
     units were given written notice and were afforded an opportunity to be heard on said application; and

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

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

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

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

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

           CITY OF MUSKEGON REVISED PLAT OF 1903 BLKS 598 599 600 601602603 & 604 EXC
           WLY 260 FT ALSO RICHARDS ST VAC FROM N LN LAKESHORE DR TO SHORE OF
           MUSKEGON LAKE EXC C&O ROW ALSO LOT 19 BLK 597 EXC COM@ SECOR SD LOT 19
           TH NWLY ON ELY LN SD LOT 125 FTTHWLY70 FTTH SELY 125 FTTO S LN SD LOT TH
           ELY 70 FT TO BEG SUBJ TO UTILITY ESMT 2251/225 SUBJ TO UTILITY ESMT 2251/228

        3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
           effect for a period of seven (7) years on personal property.



Adopted this 24th Day of June 2008.
Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierenga, Wisneski

Nays: None

Absent: None




                                              ATTEST: _ _...:,,_1,L_:,.Li"-::,./_:_..::,.ME::d:c..l.:s:2=,1/:...L::::....~....::..._
                                                         Ann Marie Becker
                                                         Clerk




                                               CERTIFICATION

I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regul r i;neeting held on June 2a 2008.

                                                                              1 \     jl~vL(J                ~k
                                                                    Ann Marie Becker
                                                                    Clerk
Sappi Fine Paper - Muskegon

2008 Spending Plan

                                                         Actual     Beginning   Completion
Asset                                                   Approp.       Date        Date



Converting - Provide Skid Discharge Capability at 2CC   2,984,200   1/30/2008   6/30/2008
Condensate Return                                        368,000    1/30/2008   5/30/2008
Replace 2nd Press Double Doctor                          126,000    1/30/2008   6/30/2008
Replace hot oil rotary joint                             124,000    1/30/2008   4/30/2008
#5PM-Upgrade MSP Voith Profilmatic Computer System        27,000    1/30/2008   9/30/2008
5PM Smooth Press Roll                                     53,000    1/30/2008   6/30/2008
Air Compressor overhaul                                  140,000    1/30/2008   8/30/2008


TOTALS                                                  3,822,200
l\illJSKEGON
                              City of Muskegon
                              Industrial Facilities Exemption Application
                              Summary Sheet


Project Summary:

       Sappi Fine Paper, a manufacturing company located at 2400 Lakeshore Drive, Muskegon,
Michigan, will be installing new machinery to continue its operations. Since the company is investing
$3,822,200 in personal property, it is eligible for a seven (7) year exemption for personal property.

Employment Information:            212 Employees

        Racial Characteristics:
                        White            173
                        Minority         39
                        Total            212

        Gender Characteristics:
                      Male               191
                      Female             21 ·
                      Total              212

        Total No. of Anticipated New Jobs:         0

Investment Information:

        Real Property:                             $0
        Personal Property                          $3,822,200
        Total:                                     $3,822,200

Property Tax Information: (Annual)                 All   Jurisdictions    City Only
       Total New Taxes Generated                   $     633,833          $ 211,619
       Value of Abatement                          $     316,916          $ 105,810
       Total New Taxes Collected                   $     158,458          $ 105,810


Income Tax Information: (Annual)
      Total Additional Income Tax Generated: $ 0

Company Requirements:

        Adopted Affirmative Action Policy                     ~     Yes   D   No
        Meeting w/ City Affirmative Action Director           I'!   Yes   D   No
        Signed Tax Abatement Contract                         •     Yes   o   No
        Taxes Paid In Full                                    •     Yes   D   No
        Zoning Conflicts                                      •     Yes   D   No




Mike Franzak                                       D~so~
Planner II                                         Affirmative Action Director
                                         City of Muskegon
                                         Industrial Facilities Exemption Application
                                         Summary Sheet
 \\'c;;t. ~llrhli,:an·s Shurdluc Cll.y


Project Summary:

        Sappi Fine Paper, a manufacturing company located at 2400 Lakeshore Drive, Muskegon,
Michigan, will be installing new machinery to continue its operations. Since the company is investing
$3,822,200 in personal property, it is eligible for a seven (7) year exemption for personal property.

Employment Information:                   223 employees

            Racial Characteristics:
                           White                180
                           Minority             43
                           Total                223

            Gender Characteristics:
                          Male                  200
                          Female                23
                          Total                 223

            Total No. of Anticipated New Jobs:            0

Investment Information:

            Real Property:                                $0
            Personal Property                             $3,822,200
            Total:                                        $3,822,200

Property Tax Information: (Annual)                        All   Jurisdictions    City Only
       Total New Taxes Generated                          $     633,833          $ 211,619
       Value of Abatement                                 $     316,916          $ 105,810
       Total New Taxes Collected                          $     158,458          $ 105,810


Income Tax Information: (Annual)
      Total Additional Income Tax Generated:               $0

Company Requirements:

            Adopted Affirmative Action Policy                       •      Yes   D   No
            Meeting w/ City Affirmative Action Director             •      Yes   D   No
            Signed Tax Abatement Contract                           k1J_   Yes   D   No
            Taxes Paid In Full                                      "f,.   Yes   D   No
            Zoning Conflicts                                        •      Yes   ~   No



Mike Franzak                                          Dwana Thompson
Planner II                                            Affirmative Action Director
                                                    CITY OF MUSKEGON

                                            CONTRACT FORT AX ABATEMENT
                                                Act 198 Public Acts of 1974


                  AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933 Terrace
          Street, Muskegon, Michigan 49441, ("City") and Sappi Fine Paper North America ("Company") of
          2400 Lakeshore Drive, Muskegon, Michigan 49443.

                                                            Recitals:

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

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

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

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

         E.   This contract shall become effective upon the issuance of an Industrial Facilities Tax
         Exemption Certificate,

                 NOW THEREFORE THE PARTIES AGREE:

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

            1.1 That 100% of the jobs shall be filled and in existence with full-time employees by a date
                no later than two (2) years from the date of the granting of the certificate by the State Tax
_ _ _ _ _ _ ______,C"'-'o,_.m"'m=ission, subject to the provisio11s of section 3.4of this agreement.
                                                                                                                 Page I
1.2 That the amount of jobs listed on the application, whether new or retained, will be
    maintained through the life of the abatement, subject to the provisions of section 3.4 of
    this agreement.

1.3 The Company shall meet the affirmative action goal included in the application or in any
    documents supplied by the City and utilized by the Company, including any additional
    representations made to the City Commission on or before the date two (2) years after the
    granting of the certificate by the State Tax Commission. It shall maintain the said levels
    of employment diversity during the period of the certificate, subject to the provisions of
    section 3.4 of this agreement.

1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by
    the State Tax Commission shall have completed the investment of $1,025,000 in the
    equipment and improvements as shown in the application, subject to the provisions of
    section 3.4 of this agreement.

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

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

1. 7 The Company shall fully cooperate with the City representatives in supplying all requested
     and required documentation regarding jobs, investment, the meeting of all goals and the
     timely installation and utilization of equipment and improvements. The City shall be
     entitled to inspect at reasonable hours the Company's premises where the said
     improvements and equipment have been installed and where the said jobs are performed.

1. 8 The Company shall maintain, during the entire period for which the tax abatement is
     granted, the level of jobs, affirmative action goals, production and utilization of the
     improvements and equipment at the site where the district has been created and for which
     the tax exemption has been granted.

1. 9 The Company shall not cause or fail to cure the release of any hazardous substance, or the
     violation of any environmental law on its premises in the City. It shall report any releases
     to the appropriate governmental authority in a timely and complete manner, and provide
     copies of said report documentation to the City. It shall comply with all orders and actions
     of any governmental agency having authority.

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

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




                                                                                          Page 2
2.      AGREEMENT BY THE CITY. Provided this contract has been executed and further
provided all applications to create the district and achieve the industrial facility exemption certificate
have been properly filed, the City shall, in a timely manner, determine in a public meeting to whether
to create the district and whether to receive, process, and approve thereafter the Company's
application for an industrial facilities exemption certificate. The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the creation of the district
and/or approval of the application for ce1tificate. Further, the City shall require the submission of this
contract signed by the Company together with its applications, before creating the district.

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

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

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

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

       3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on
       equipment and improvements as represented in the application within the times required
       hereby, unless the company can show that there has been a loss of revenue and
       employment due to circumstances beyond the control of the company. In order to make
       that showing the company shall have the burden of supplying, to the City's satisfaction,
       complete and convincing documentation supporting and justifying reductions in
       investment, failures to attain affirmative action goals or job losses, such as, without
       limitation, written evidence of lost contracts, accounting information showing reduced
       revenues due to the loss of business, (not due to diversion of production to affiliate
       companies or divisions of the company), production records showing reduced quantities
       over significant periods of time, and such other information required by the City to
       support the Company's claim that the failure to invest, failure to achieve affirmative
       action goals, or loss of jobs should not form the basis for a finding of default.


       3.5 The bankruptcy or insolvency of the Company.

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

       3. 7 The performance or omission of any act which would lead to revocation under MCLA
       207.565, being §15 of the Act.

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


                                                                                                    Page 3
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City shall have the
following remedies which it may invoke without notice, except as may be reasonably required by the
Company's rights to due process:

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

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

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

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

       4.3 Failure to Expend the Funds Represented. In the event, (whether or not the installations
       have been completed), the Company has not expended the funds it has represented on its
       application that it would invest for the installation of equipment, the abatement shall be reduced
       prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless
       the company can show, through receipts, etc. that the cost of the equipment was actually
       less than the amount estimated by the company (i.e., the same equipment was purchased
       as listed in the IFT application, but the bids came in less then expected).

       4.4 Job Creation and Retention. In the event the promised number of jobs have not been
       created or retained at the end of the two (2) years after the grant of the certificate by the State
       Tax Commission, the abatement shall be proportionately reduced, unless the company can
       show that the loss of jobs, or inability to hire as many people as expected, is due to
       circumstances beyond the control of the company (such as an economic downturn).

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

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



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

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

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

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

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

                                                        CITY OF MUSKEGON




                                                          Sappi Fine Paper No1th America




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                                                                                              Page 5
DATE:         06/16/2008

TO:           Honorable Mayor and Commissioners

FROM:         Mark Kincaid, Deputy Director of Public Safety

RE:           Concurrence with the Housing Board of Appeals Notice and Order
              to Demolish. Dangerous Building Case#: EN070060


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
553 ALLEN AVE, Area 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.

Case# & Project Address: # EN070060 553 Allen, Muskegon, Ml 49442

Location and ownership: This structure is located on Allen St. between Scott and
Williams Streets and is owned by Jeffrey Myers/Brad Lehman, 1646 W. US 10,
Baldwin, Ml 49304.

Staff Correspondence: A dangerous building inspection was conducted on
03/28/07. The Notice and Order to Repair was issued on 03/29/07. On 05/03/07
the HBA tabled case until June 2007. The case came back before HBA 06/07/07
and was declared dangerous, substandard and a public nuisance.

Owner Contact: Jeffrey Myers was present for the 05/03/07 HBA meeting. He
stated he bought house for investment purposes, then house was vandalized;
plans was to rehab to sell. Case was tabled. The case came back before HBA
June 7, 2007 with no one present, the property was declared dangerous. The
owner contacted Inspections and a timeline was submitted with repairs to
commence August of 2007 and completion date of January 2008 which was not
acceptable to Inspections and a letter was sent 11/29/07 requesting a meeting so
options could be discussed. The revised timeline was reviewed with certain
conditions. A permit was issued 02/18/08 with an expiration date of 05/30/08.
To date no inspections have been scheduled and no progress has been made.
The home has had several boardups.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:      $19,900
Estimated cost to repair: $20,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
                                    CITY OF MUSKEGON
        933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
                         DANGEROUS BUILDING INSPECTION
                                   REPORT
                                    Wednesday, March 28, 2007

Enforcement # EN070060           Property Address 553 ALLEN A VE
Parcel #24-205-058-0006-00       Owner MYERS JEFFREY/LEHMAN BRAD

Inspector: Henry Faltinowski

Date completed: 03/28/2007

DEFICENCIES:

 Uncorrected
1. Replace front entry steps (Exterior) replace damaged siding.
2. Severe structural damage to attached garage roof collapsed - walls
fallen out. Rebuild to MRC 2003 Code or remove.
3. Boardup - numerous broken out windows.
4. Replace damaged roof covering on home.
5. Scrape and paint entire exterior of home - siding, windows.
6. Repair foundation walls - open mortar gaps on block wall.
7. Interior inspection requested.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.

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.


Henry Faltinowski, Building Inspector                      Date
                                  CITY OF MUSKEGON
        933 Terrace St., P.O. Box 536, Muskegon, Ml 49443 (231)724-6715
          DANGEROUS BUILDING INTERIOR INSPECTION REPORT


                                      553 ALLEN A VE
                                         05/18/2007

Inspection noted:

 Uncorrected
1. Install new rafters bearing wall to ridge board.
2. Replace damaged ridge board.
3. All handrails, guardrails to code.
4. Scrape paint and patch all interior, walls, ceiling damage.
5. Replace any damaged roof sheathing
6. Repair damaged ramp - deck to code.
7. DB - Inspect & certify chimney.
8. Hose spigots to have vac breaker.
9. Support all piping in basement.
10. Inspect & certify furnace and need water heater.
11. Clean ductwork -support ductwork
12. Pressure test gas lines.
13. Replumb wash sink in basement.
14. Inspect all plumbing cap of cleanout/
15. Need kitchen sink & plumbing.
16. Replace toilet - need bathfan
17. House to be rewired to current code.
18. Smoke alarms to be installed to code.
19. Replace electric service to code.
20. Scald free faucet for tubshower.
21. Provide return air for bedrooms & upstairs.
22. Seal opening in chimney in kitchen.
23. All plumbing & mechanical to meet 2003 Mich Codes.


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




HENRY FALTINOWSKI, BUILDING INSPECTOR                                     DATE
SUMMARY FOR: 553 ALLEN A VE

This building is a two story wood frame, single family dwelling. This building has
numerous structural deficiencies as well as needing to be completely rewired. Except for
the removal of the garage, there has been no evidence of any substantial repairs, in spite
of the Inspections Department repeated attempts to work with the property owner. If this
building is left in it's unrepaired it will continue to deteriorate and be a blighting
influence on the neighborhood.
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DATE:        06/16/2008

TO:          Honorable Mayor and Commissioners

FROM:        Mark Kincaid, Deputy Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case#: EN080029


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
724 OAK AVE (House & Garage) is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.

Case# & Project Address: # EN080029- 724 Oak, Muskegon, Ml 49442

Location and ownership: This structure is located on Oak St. between Kenneth
and Getty Streets and is owned on land contract between Christopher/.Zabulonia
Burt and Kirk Duell/Fred Assink, 2719 Strand Rd, Muskegon, Ml 49445.

Staff Correspondence: A dangerous building inspection was conducted on
02/06/08. The Notice and Order to Repair was issued on 02/11 /08. A interior
inspection was conducted 03/11/08. On 05/03/08 the HBA declared the structure
substandard and dangerous.

Owner Contact: Mr. Fred Assink was present for the HBA meeting dated
05/03/08 stating the house was sold on land contract but buyer has abandoned
the building with no forwarding address. Mr. Assink has decided to have the
property demolished but is in process of getting legal issues regarding ownership
resolved. No permits to demolish structure have been applied for.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $19,500

Estimated cost to demolish:$6,000 (Not feasible for repair)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                    Tuesday, February 12, 2008

Enforcement# EN080029           Property Address 724 OAK AVE
Parcel #24-205-039-0005-05      Owner BURT CHRISTOPHER/ZABULOINA

Inspector: Henry Faltinowski

Date completed: 02/06/2008

DEFICENCIES:

 Uncorrected
1. Roof system has collapsed on home.
2. Walls are severly stressed from collapse.
3. Garage wall system is severly racked out of alignment. Must rebuild to
MRC 2003 Code requirements.
4. Interior inspection is needed by trade inspectors to further evaluate
collapse damage.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.

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.


Henry Faltinowski, Building Inspector                      Date
                                 CITY OF MUSKEGON
       933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
          DANGEROUS BUILDING INTERIOR INSPECTION REPORT


                                       7240AKAVE
                                        03/11/2008

Inspection noted:

 Unconected
1. House to be wired to code.
2. Electric service to be replaced to code.
3. Smoke alarms to be installed to code.
4. Clean ductwork -re-establish chimney.
5. Need returns in bedrooms.
6. Need bath fan.
7. Need scald free faucet for tub/shower.
8. Insure all plumbing is in working order.
9. Pressure test gas line.
10. Inspect water & sewer service.
11. Inspect & certify furnace, water heater and chimney.
12. Replace T & P Drain
13. Maintain clearance on single wall water heater vent.
14. CPVC 6"
15. Hammer anestors for laundry.
16. Support water lines.
17. Attach vent for water heater insure furnace heats habital spaces.
18. Need vacuum breakers for hose spigots.
19. Front Porch decking - replace, joists must meet code for span MRC 2003.
20. Engineered design on foundation wall re relay to code- porch rafters must meet 2003
MRC Code.
21. Walls splitting away from home -remove entire roof system. Strip walls - rebuild to
MRC2003.
22. New roof system must meet MRC 2003 code of rafters, ceiling joists ventilation.

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



HENRY FALTINOWSKI, BUILDING INSPECTOR                                    DATE
SUMMARY FOR: 724 OAK A VE

This building is a single story wood frame single family dwelling. This building has
suffered a catastrophic failure (roof collapse) based on a recent inspection of the building,
it does not appear that it is economically feasible to rehabilitate this structure.
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DATE:         06/16/2008

TO:           Honorable Mayor and Commissioners

FROM:         Mark Kincaid, Deputy Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case#: EN070257


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
2241 SHERIN 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.

Case# & Project Address: # EN070257 - 2241 Sherin, Muskegon, Ml 49441

Location and ownership: This structure is located on Sherin, between Miner and
Lakeshore Drive and is owned by Larry C. Earle, 1456 Beardsley, Muskegon, Ml
49441.

Staff Correspondence: A dangerous building inspection was conducted on
12/12/07. The Notice and Order to Repair was issued on 12/20/07. An interior
inspection was conducted 01/14/08. On 03/06/08 the HBA declared the structure
substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 03/06/08. The
new owner scheduled interior inspection but no permits have been applied for.

Financial Impact: General Funds

Budget action required: None

State Equalized value:     $26,800

Estimated cost to repair: $40,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
                                    CITY OF MUSKEGON
     933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
                       DANGEROUS BUILDING INSPECTION
                                 REPORT
                                   Thursday, December 13, 2007

Enforcement# EN070257           Property Address 2241 SHERIN ST
Parcel #24-205-693-0001-28      Owner US BANK NATIONAL ASSOC

Inspector: Henry Faltinowski

Date completed: 12/13/2007

DEFICENCIES:

 Uncorrected
1. Siding falling off home. Incomplete siding - exposed wood to weather
elements improper flashing around windows.
2. Started interior framing without permits - beams that were installed not
to code.
3. Home power support is not to code.
4. Door and window openings have been reframed without permits and
inspections.
5. Provide interior inspection by all trade inspectors.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.

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.


Henry Faltinowski, Building Inspector                      Date
                                 CITY OF MUSKEGON
       933 Terrace St., P.O. Box 536, Muskegon, MI 49443 (231)724-6715
         DANGEROUS BUILDING INTERIOR INSPECTION REPORT


                                     2241 SHERIN ST
                                        01/14/2008

Inspection noted:


 Uncorrected
1. Electric service to be replaced to code.
2. House to be wired to code - no existing wire is usable.
3. Install smoke alarms to code.
4. Header over front door is inadequate.
5. Header over front window is inadequate.
6. Header over opening where bearing wall removed is inadequate.
7. Header not bearing wait back to foundation.
8. Header over side door is inadequate.
9. Header over opening where bearing wall removed on south side of house is
inadequate.
10. Skylights in side foyer improperly framed in (ceiling joists cut out).
11. Skylights in side foyer are leaking.
12. Skylights in living room improperly framed in (ceiling joists cut out).
13. Misc. floors improperly framed in.
14. Egress windows required in all bedrooms.
15. Remove unused door on second floor above living room.
16. Provide separation between units.
17. Provide necessary draft stopping.
18. Collar ties are missing in roof assembly in living room.
19. Stairs to living room to meet MRC.
20. Stairs to 2nd floor must be reframed to meet MRC.
21. Smoke detectors required to meet MRC
22. Provide handrails to stairs.
23. Clean ductwork.
24. Need scald free faucet - tub/shower
25. Inspect all plumbing & venting insure in working order.
26. Replace S-trap !av & kitchen sink - need bath vent fan,
27. Pressure test gas line - provide duct for furnace.
28. Provide supply & return air to all habital spaces.
29. Support gas lines - inspect & certify chimney, water heater & furnace.
30. Must have 6" clearance for water heater vent to CPVC water pipe.
31. Need T & P drain for water heater.
32. Provide heat & return air.- upper
33.   Need scald free faucet shower.
34.   Insure all plumbing is in working order.
35.   All plumbing & mechanical work to meet current codes.
36.   Kitchen sink needs strainers.
37.   Inspect water service & building sewer insure flows.




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




HENRY FALTINOWSKI, BUILDING INSPECTOR                         DATE
SUMMARY FOR: 2241 SHERIN ST

This structure is a two story wood frame dwelling. While this building appears to be in
good condition from the outside, it has been extensively modified on the inside. This
structure is partially gutted out on the inside and many of the modifications on the inside
are structural in nature. Most of the structural modifications made to this building do not
conform to standard construction practices and seriously compromise the structural
integrity to the building.
DATE:        06/16/2008

TO:          Honorable Mayor and Commissioners

FROM:        Mark Kincaid, Deputy Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case#: EN050084


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
1174 JEFFERSON ST-Area 10 is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.

Case# & Project Address: # EN050084 - 1174 Jefferson St.,Muskegon,MI
49441

Location and ownership: This structure is located on Jefferson Street between
Merrill and Monroe Streets and is owned by Chaunel Phillips/Gibson.

Staff Correspondence: A dangerous building inspection was conducted on
02/15/07. The Notice and Order to Repair was issued on 02/22/05. A building
permit was issued on 08/04/05, electrical issued 08/12/05 and plumbing issued
08/12/05. Rough-in inspections were conducted and approved but progress
halted when contractors walked away from job and no final inspections were
scheduled. A progress inspection was conducted 01/03/08. The case came
before HBA 09/01/05 to monitor progress on case and was tabled until January
2006 to allow owner to complete repairs and schedule final inspections. The
case came back before HBA 10/04/07 because all permits had expired and no
progress inspections had been scheduled, the case was tabled with owner to
secure all new permits by October 15, 2007. The case came back before HBA
12/06/07 because no permits were issued. The case was tabled with owner to
schedule progress inspection. The case came back 01/03/08 and was declared
dangerous, substandard, and a public nuisance with a delay until June 2008
before bringing case to the City Commission.

Owner Contact: Owner was present for all HBA meetings. Owner disagreed with
cost of obtaining new permits. No new permits have been applied for, no final
inspections scheduled and no owner contact since the January 2008 HBA
meeting.

Financial Impact: CDBG Funds
Budget action required: None

State Equalized value:   $38,300

Estimated cost to repair: $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
DATE:         06/16/2008

TO:           Honorable Mayor and Commissioners

FROM:         Mark Kincaid, Deputy Director of Public Safety

RE:          Concurrence with the Housing Board of Appeals Notice and Order
             to Demolish. Dangerous Building Case#: EN080015


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
922 S GETTY 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.

Case# & Project Address: # EN080015- 922 S. Getty

Location and ownership: This structure is located on Getty, between Amity and
Allen Streets and is owned by Darryl Lane, 1067 Frances, Muskegon, Ml 49442.

Staff Correspondence: A dangerous building inspection was conducted on
01/16/08. The Notice and Order to Repair was issued on 01/17/08. On 03/06/08
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present for the HBA meeting dated 03/06/08. The
owner who is in the military called and sent a email stating the home was rented
with option to buy and was abandoned and trashed he planned to be home on
leave in May 2008 to address issues. There has been no contact from the owner
since that time and no permits, nor interior inspection scheduled.

Financial Impact: CDBG Funds

Budget action required: None

State Equalized value:     $24,300

Estimated cost to repair: $5,000(Exterior Only)

Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 922 S GETTY ST

This building is a two story wood frame single family dwelling. This building has
numerous violations including the foundation; it appears that this home has been
abandoned. This building, if left in it's current condition, will continue to deteriorate and
remain an "attractive nuisance" to the neighborhood children.
                                    CITY OF MUSKEGON
        933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
                        DANGEROUS BUILDING INSPECTION
                                  REPORT
                                   Wednesday, January 16, 2008

Enforcement# EN080015            Property Address 922 S GETTY ST
Parcel #24-121-300-0109-00                Owner LANE DARRYL

Inspector: Henry Faltinowski

Date completed: 01/16/2008

DEFICENCIES:

 Uncorrected
1. Replace all damaged siding on home.
2. Scrape and paint siding on home.
3. Replace - repair damaged windows, window screens, glass and exterior
doors.
4. Foundation repair needed per MRC 2003 code. Provide interior
inspection to evaluate scope of foundation damage.
5. Remove debris out of yard.
6. Provide interior inspection by trade inspectors.
7. All stairs, landings, guardrails and handrails must meet MRC 2003 code.



Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.

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.


Henry Faltinowski, Building Inspector                      Date
Date:        June 24, 2008
To:          Honorable Mayor and City Commissioners

From:        Bryon Mazade, City Manager
RE:          Findings of Fact and Recommendation
             Re: Spotlight Lounge



SUMMARY OF REQUEST: To consider the Findings of Fact and Recommendation
for the Spotlight, submitted by Hearing Officer Robert 0. Chessman, for potential
revocation of the liquor license for Spotlight.



FINANCIAL IMPACT:



BUDGET ACTION REQUIRED:



STAFF RECOMMENDATION:



COMMITTEE RECOMMENDATION:
  In Re:

  CITY OF MUSKEGON,

  and

 D & L OF MICHIGAN,
 d/b/a Spotlight Lounge



                         FINDINGS OF FACT AND RECOMMENDATIONS


 I. NATURE OF THE PROCEEDING

           This matter came before me as the appointed hearing officer for the City Manager

 and the City Commission for the City of Muskegon. On May 22, the City Clerk suspended the

 business certificate of registration of D&L of Michigan, doing business at 435 and 441 West

 Western Avenue in the City of Muskegon. She suspended the business certificate pursuant

 to section 50-43 (7) of the Muskegon City Code, alleging that the Spotlight v10s "[c]onducting

 a business in an unlawful manner or in such manner as to constitute a breach of peace or to

 constitute a menace to the health, morals, safety or welfare of the public." Exhibit 1.4. On

May 23, 2008, the Spotlight filed a timely appeal of the suspension. Exhibit 1.5. This appeal

entitled the Spotlight to a hearing before a hearing officer appointed by the City Manager.

Section 50-44 (b ); Exhibit 1.4.

           During this same time period, the City Commission decided to consider asking the

Michigan Liquor Control Commission to revoke the Spotlight's on-premises liquor license.

The Commission directed the City Staff to have a third-party hearing officer hold a hearing

and make recommendations to the Commission on this issue. El4libit 1. 7.

        I conducted a public hearing on June 9 and 10, 2008. The hearing addressed both

the business certificate and liquor license issues. The City of Muskegon and the Spotlight

both appeared at the hearing represented by counsel. The City produced two witnesses and

offered into evidence two exhibits. The first exhibit contains 45 sections, which I will refer to
 as Exhibits 1.1 through 1.45. The Spotlight presented no exhibits or testimony, although its

 attorney vigorously cross-examined the two City witnesses.

 II. QUESTIONS PRESENTED

         A. Should the City Manager affirm or reverse the decision to revoke the Spotlight's

 business certificate?

         B. Should the City Commission recommend that the Michigan Liquor Control

 Commission revoke the Spotlight's liquor license?

 Ill. FINDINGS OF F.OCT

         The Spotlight opened for business on June 29, 2007. Exhibit 2. It sits in the middle of

 the block on the south side of Western Avenue between Third Street on the east and Fourth

 Street on the west. The Hill Building and the Frauenthal Center for the Performing Arts

occupy the space on that block to the east; the M.!skegon Chronicle Circulation Department

building occupies the space to the >\est. The LC. Walker Arena lies diagonally across the

intersection to the northwest. Racquets restaurant and bar lies directly north across Western

Avenue. To the east of Racquets are an eye doctor's office, a parking lot, and the Holiday

Inn. The back doors of the Spotlight open onto an alley which s~parates it from the

Muskegon Chronicle offices. One-half block away from the front doors is the intersection of

Third and Western, the center of the new downtown.

        At 2:04 a.m. on July 1, two days after the opening of the lounge, City police

discovered that there had been a fight inside the Spotlight. Bouncers were in the process of

kicking people out of the lounge. About 1DO people remained on the sidewalk and in

Western Avenue outside the front doors. The police broke up several fights and dispersed

the crowd. They then discovered an injured patron lying on the dance floor inside the

Spotlight, with a cut to his head. Lacy Jones, the owner of the Spotlight, saw the fight, but

could not get to it or identify who was involved. Exhibit 1. 10.


                                                 2
         At 2:07 a.m. on July 15, 2007, a patron who had been drinking at the Spotlight

 crossed the street to Racquets and tried to order some food. When he was told that the

 kitchen was closed, he created a disturbance. The police arrived to find him outside the

 restaurant waiting for a cab. They characterized him as "obviously intoxicated". Exhibit 1.11.

         At 1:16 a.m. on July 29, 2007, police responded to the report of an assault. A dispute

 had started inside the Spotlight. Security staff had ejected the complaining v.,itness from the

 Spotlight. Later on, the police heard "gunfire coming from the Spotlight". Exhibit 1.12. An

officer reported "several rapid gunshots" "coming from near the Spotlight". From his vantage

point at the comer of Western and Fourth, he saw 50 people running in all directions.

Outside the front doors of the lounge, police found evidence of a fight. Inside the lounge at

2:45 a.m., they saw about 25 people. The bar owner said these people were all employees.

To the police, they looked like patrons, not employees. The police did not find the shooter.

No evidence directly connects the gunshots lo the Spotlight. Emibit 1.13. Later that same

morning, a woman contacted the police to ieport that another woman had struck her three or

four times in the head v.,ith a beer bottle outside the front doors of the Spotlight. She said that

several other women then hit her while she was on the ground and robbed her. Exhibit 1.14.

        At 2:47 a.m. on August 2, 2007, a 11Dman reported to police that someone had

assaulted her and had stolen her cell phone near the Spotlight. No e';idence directly

connects the assault and theft to the lounge. Exhibit 1.15.

        At 0:57 a.m. on August 12, 2007, police iesponded to a report of about 20 people

wailing in line outside the Spotlight, pounding on the do01s trying to get in. Exhibit 1.16. Also

on the morning of the 12th , at 1:27 a.m., a caller reported an assault in front of the Spotlight.

The assault victim had gotten up and walked east toward the Frauenthal. Police found him

lying on the sidewalk, accompanied him to the hospital br medical treatment, and booked

him in jail for carrying a concealed weapon in the form of a kitchen steak knife. Exhibit 1.18.


                                                3


                                                                                                      I
                                                                                                      I
                                                                                                      '
 Later that same morning, a caller repo1ied "several subjects with guns". Police responded

 and found no guns. Crowd control staff from the Spotlight were moving people along.

 Several small groups of people were yelling at each other. They left, still yelling at each other

 and also at the officers who had arrived. The owner of the Spotlight asked the police to come

 to the lounge from 1:45 to 2: 15 a.m. e,ery Wednesday and Saturday to help his staff deal

 with these issues. He confirmed that the problems this morning had started when the lounge

was full and could not legally admit any other patrons. Exhibit 1.17. Finally, at 2:54 a.m. this

same morning, a woman reported that her husband, who worked security at the Spotlight,

had been assaulted by a very intoxicated patron. The assault took place inside the lounge as

her husband was trying to get the patron, who was also her brother and his brother-in-law, to

leave around closing time. The security staff member lost a tooth and had another dangling

from his mouth at the hospital. Elhibit 1.19.

        At 0:54 a.m. on August 25, 2007, police hund a woman lying in a flower bed near the

intersection of Fourth and Western. She did not at first appear to be breathing. She had

vomited and was drunk, her preliminary breath test registering .171 (legal limit to drive .08).

She told police she had been at the Spotlight. Elhibit 1.20.

        At 2:12 a.m. on September 20, 2007, police investigated a fight that had taken place.

The fight involved two men who had left the Spotlight. There was no indication that the fight

took place inside the lounge orthat either of the men was intoxicated. The police filed no

charges. Exhibit 1.21.

        A patron told police that she had left the Spotlight at 2:00 a.m. on September29,

2007. She became stuck in the middle ofa large group of people. A fight broke out and

someone stole her purse. There is no evidence that the crowd came from the Spotlight or

that excessive drinking played any role in the incident. Exhibit 1.23.




                                                4
        At 12:17 p.m. on September 30, 2007, police investigated a reported fight that had

taken place at the Spotlight t'Afllve hours beforehand. The participants denied drinking at the

lounge. The police filed no charges. Exhibit 1.22.

        At some point in the late summeror early fall of 2007, City of Muskegon Director of

Public Safety, Tony Kleibecker, met with Lacy Jones, the owner of the Spotlight. They talked

about the incidents that had taken place during the first several months that the Spotlight had

been open. Mr. Kleibecker made three suggestions to reduce problems at closing time: 1)

Moving up the time to stop serving alcohol before closing; 2) Clearing the patrons in smaller

groups rather than all at once; and 3) Hiring and training quality security staff members. Mr.

Kleibecker testified that Mr. Jones responded in a positive way to these suggestions. From

an "operational" standpoint, Mr. Kleibecker felt that the Spotlight had done all that it could to

deal with the problems.

        On October 4, 2007, at 2:04 a.m., a large crowd of 50 to 75 people assembled

outside the Spotlight. The owner called the police to report that it looked as though a fight

might start. The police arrived to find cars blocking Western Avenue. They were able to

disperse the crowd without further incident. There was no fight and the police 1iled no

charges. Exhibit 1.24.

        Three nights later, at 2:16 a.m. police responded to reports of a fight at the Spotlight.

The fight they discovered was at the intersection of Third and Western, one-half block east

of the front doors of the lounge. A large group of people was trying to separate the two men

who were fighting. Police escorted one injured and high-intoxicated participant to Hackley

Hospital for treatment. There was no direct evidence that the men fighting had been inside

the Spotlight. Exhibit 1.25.

       On October 27, 2007, security staff ejected a female patron from the Spotlight. Police

arrived at 2:17 a.m. and disco1.ered that she was intoxicated. A Racquets emplojee


                                                5
reported that this woman had failed to pay for two drinks there. The woman reported that she

had been assaulted by unknown women. She had sustained a cut owr her eye. Police

transported her to Hackley Hospital for treatment. Exhibit 1.26.

        On Sunday morning, November 18, 2007, police responded to a woman yelling

obscenities near the front entrance to the Spotlight. They found an intoxicated white woman

yelling racially-charged insults at a patron waiting to enter the lounge. A Spotlight emplo)fle

stated that she had done this repeatedly and he was concerned for her safety. The officers

arrested the woman and lodged her in the County jail for disturbing the peace. She had not

been drinking at the Spotlight. Although this emibit was listed by Mr. Kleibecker as an

incident involving the Spotlight, he admitted that it p10bably should not have been included.

Exhibit 1.27.

        At 2:06 a.m. on December 6, 2007, an officer saw a crowd on the sidewalk near the

Spotlight. People were shoving other people. By the time other office.rs arrived, the crowd

dispersed. Exhibit 1.29.

        At 2: 16 a.m. on December 22, 2007, officers responded to a reported assault. They

found cars blocking Western in front of the Spotlight and Fourth from Clay to Shoreline

Drive. An estimated 150 to 200 people \I.ere milling around in front of the Spotlight. A fight

broke out in the City parking lot at Fifth and Wesiem. Police successfully directed traffic and

dispersed the crowd. At 2:50 a.m., t\\O officers entered the Spotlight. About 50 people

remained inside the club. The officers advised the owner, Lacy Jones, that all those who

were not in the band or club employees had to leave. Mr. Jones cooperated and about 20

people left the Spotlight. Exhibit 1.30.

       At 23:15 p.m. on December23, 2007, someone reported a fight inside the Spotlight.

When officers arrived , lounge staff said that the fight was over and those fighting had left.

The officers entered the lounge and found an injured patron in the bathroom. He claimed


                                               6
that an unknown male had struck him in the head with a bottle. Exhibit 1.31.

        On December 29, 2007, three different individuals assaulted a woman inside the

Spotlight. The owner ejected all participants from the lounge. When the police arrived at 2: 15

a.m., Mr. Jones told the victim of the assault that all problems in his club would be dealt with

on a "zero tolerance" basis. Exhibit 1.32.

        At 2:11 a.m. on January 10, 2008, police responded to a call from Spotlight security.

A very large fight was in progress inside the lounge. Patrons jumped over the bar to grab

bottles to use as weapons. By the time the police arrived, 100 people remained inside.

Patrons locked the police out of the bar. The owner came out and described what had

happened. When the officers got inside, 50 people still 11.ere causing a disturbance. The

police ordered all non-employees to leave. They observed that the interior of the club was

"destroyed". Exhibit 1.33.

       No other reported incidents took place during the winter months of January and

February. On March 5, 2008, Tony Kleibecker recommended that the City Commission not

approve the renewal of the liquor license for the Spotlight. He outlined the number and

character of the incidents that had taken place and the lack of significant improvement since

the meeting with Lacy Jones in the late summerof 2007. Exhibit 1. 9.

       On March 11, 2008, Lacy Jones filed an application for a business registration. In that

application, he represented to the City that the Spotlight emplo)ed five people. Two days

later, the Muskegon City Clerk issued the new certificate of registration. Exhibit 2. There is

no direct evidence in the record regarding what action the City Commission took on Mr.

Kleibecker's recommendation that it not approve the renewal of the liquor license.

Apparently, though, either the Commission did not act on his recommendation or the

Michigan Liquor Control Commission renewed the license despite the City Commission's

request for non-renewal. The liquor license must have renewed in April of 2008. Otherwise, I


                                               7
 would not have conducted this hearing.

         On March 17, 2008, at 2:21 a.m. an officer met with a patient at Mercy Hospital. The

 patient claimed to have been attacked earlier that morning by five to seven Spotlight security

 guards as he was trying to break up a fight involving a friend. His friend was at the hospital

and confirmed this story. This incident is still under investigation according to Tony

Kleibecker. There is no information in the record from the security guards or the owner of the

Spotlight detailing their view of what happened. Exhibit 1.34.

        At 1:28 a.m. on May 3, 2008, police responded to a report of a fight taking place in a

car in front of the Spotlight. There was a large crowd on Western, but no apparent fight.

Exhibit 1.35.

        I now turn to the events of May 17, 2008, a series of incidents which precipitated the

actions by the City of Muskegon to revoke the business registration and to consider -

recommending revocation of the liquor license. Beginning on the evening of the 161h of May,

the Spotlight held a dance for teenagers. In so doing, the Spotlight did not complywith the

applicable City ordinances. It did not obtain a license br the event as required by section 50-

74 of the City Code. Nor did it obtain chief of police approval for the adult supervision that it

had to provide under section 50-78 (2). Finally, the dance appears to have continued well

beyond the 9:00 p.m. deadline for non-licensed dances as well as the 11 :00 p.m. deadline

for licensed dances. Sections 50-77 and 50-78.

       Police responded at 00:58 a.m. on the 171h to investigate a reported shooting. An

officer discovered a fifteen-year-old male lying in the entrance way to the Spotlight. Further

investigation revealed that this young man had attended the event inside the Spotlight. As he

was leaving the lounge, he encountered a large crowd of people fighting at the comer of

Fourth and Western. He tried to go around the crowd, at which point someone shot him in

the back. He turned around and ran back toward the Spotlight, where he was later


                                                8
 discovered by the officer. At the scene, he said he did not know who had shot him. Two days

 later, he told police that he had been diiected out the back door of the Spotlight at closing

with a large group of people. In that g1Dup was a male named "Blue". There were fights in

the alley behind the Spotlight. He saw Blue go into a car parked near the Chronicle building

and come out with a handgun, which he then fired into the air three orfour times. People ran

out of the alley onto Fourth Street and toward the intersection with Western. Blue fired the

gun again. The fifteen-year-old had turned and was running away as Blue started shooting

agin. It was at this point that he was hit in the back with a bullet.

        In a separate incident, another officer was trying to disperse the crowd of hundreds in

the street and parking lots. As he walked along the north side of Western Avenue by the

parking lot between the eye doctor's office and the Holiday Inn, he saw a male standing

between two parked cars pulling a small handgun out of his waistband. The officer pulled his

own gun and ordered the man to diDp his. Just as the officer was about to shoot, the man

dropped his gun and started to run to the north. The officer got him to stop and lie doVlfl. The

man said that he was drunk.

        In the same parking lot, police found evidence of a car with a bullet mark on it and

two shell casings. The gun taken from the man there had no bullets in it. Three more shell

casings were found in the parking lot later that same day by a Racquets employee.

       Police conducted later interviews with high school students who had attended the

event at the Spotlight. They said it was a teen dance. They stayed there until almost 1:00

a.m. The lounge served soft drinks only, no alcohol. Outside the Spotlight, numeious fights

took place. The students identified a male named Armstrong. Several reported he had fired a

gun into the air several times. One said he also fired once into a crowd.

       To sum up, most, if not all of the Muskegon City Police Department responded to

these incidents. I count ten officers from the department that participated in some way on the


                                                 9
 17th • Later investigation brought in another six officers, not including their supervisors. Shots

 came from at least two separate guns: one which was found, the other which was not One

shooting took place in the alley behind the Spotlight and into Fourth Street near the

intersection with Western Avenue. The other took place in the pal1

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