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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 11, 2000
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL MEETING TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
a. Recognize Child Abuse Council's CASA Program.
o CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes CITY CLERK
b. Liquor License Request - Transfer ownership at 2546 Henry Street.
CITY CLERK
c. Annual Taxi Cab License Renewal. Port City Cab Company &
Yellow Cab Company. - CITY CLERK
d. SECOND READING - Utility Franchise Ordinance. - CITY CLERK
e. SECOND READING - Zoning Ordinance Amendments to add Port
District Language. PLANNING & ECONOMIC DEVELOPMENT
f. SECOND READING - Zoning Ordinance Amendments to Table I and
District Language. PLANNING & ECONOMIC DEVELOPMENT
g. SECOND READING - Rezoning request for property located at the
corner of Laketon Ave. & Park St. - PLANNING & ECONOMIC
DEVELOPMENT
h. SECOND READING - Rezoning request for property located on
Holbrook Ave., between Sixth & Commerce Streets. PLANNING &
ECONOMIC DEVELOPMENT
i. Purchase of Police Vehicle Radar Units with 1998 Block Grant
Money. - POLICE
j. Appointments & Resolution. COMMUNITY RELATIONS COMMITTEE
k. Aggregates. Highway Maintenance Materials and Concrete. -
PUBLIC WORKS
I. Public Service Building Roof Repair Project. - PUBLIC WORKS
m. Reimbursement Resolution for Sidewalks & PSB Improvements. -
FINANCE DIRECTOR
n. Dangerous Building 603 Catherine. - CITY ATTORNEY
o. 2000-2001 Action Plan. - COMMUNITY NEIGHBORHOOD SERVICES
p. Concurrence with Housing Board of Appeals Findings and Orders
for the following: - INSPECTIONS SERVICES
1) 323 W. Grand Ave.
2) 1844 Getty Street
3) 1479 Jiroch
4) 611 Leonard
5) 1721 Pine
• PUBLIC HEARINGS:
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. Resolution of Support for the Relocation of the USS Silversides. -
PLANNING & ECONOMIC DEVELOPMENT
b. Approval for the City to sign agreements with Community Housing
Development Organizations for funding from 1998-99 fiscal year. -
COMMUNITY NEIGHBORHOOD SERVICES
c. 2000-2004 Consolidated Plan. - COMMUNITY NEIGHBORHOOD
SERVICES
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 1Ominutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON lWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (616) 724-6705 OR TDD: (616) 724-4172.
AGENDA ITEM
CITY COMMISSION MEETING April 11, 2000
HONORABLE MAYOR AND CITY COMMISSIONERS
FROM: Community Relations Col11111ittee
DATE: April 4, 2000
Resolution
SUMMARY OF REQUEST
A resolution was requested to recognize the Child Abuse Council's CASA program.
Presentation will take place on April 11, 2000.
FINANCIAL IMPACT
None
BUDGET ACTION REQUIRED
None
STAFF RECOMMENDATION
Approval
COMMITTEE RECOMMENDATION
Approval -- The vote was not unanimous, however, due to the excused absence of
Commissioner Aslakson. The resolution has been prepared both ways, in the event that
Commissioner Aslakson wishes to support the resolution.
2000-40(a)
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Fred:J.Nilll~~r\,
''' ·•,:,-,,,,- Mayor
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Clara Shepherd, Commissioner ... , ,
Scott Sierii&,ki, Vice Mayor
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Lawrence,. 0. Spataro,,• Corrunissioli'ef
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Jone Wortelboer Benedict, Commissioner
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Robert Schweifler, Commissioner
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Date: April 11, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, March 28, 2000.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
.....
CITY OF MUSKEGON
CITY COMMISSION MEETING
··APRIL 11, 2000
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, April 11, 2000.
Mayor Nielsen opened the meeting with a prayer after which members of the City
Commission and the members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioner John
Aslakson, Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd,
Lawrence Spataro
Absent: None
2000-40 HONORS AND AWARDS:
a. Recognize Child Abuse Council's CASA Program ...
SUMMARY OF REQUEST: A resolution was requested to recognize the Child Abuse
Council's CASA program.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Approval. The vote was not unanimous,
however, due to the excused absence of Commissioner Aslakson. The resolution has
been prepared both ways, in the event that Commissioner Aslakson wishes to support
the resolution.
Commissioner Benedict read the resolution at 6:03 p.m.
2000-41 CONSENT AGENDA:
a. Approval of Minutes CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, March 28, 2000.
FINANCIAL IMPACT: None
.· -{lUDGET
. . ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Liquor License Request -Transfer ownership at 2546 Henry Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Small Perch Inc. to transfer ownership of the
. existing 1999 Class C-SDM license with dance permit and official food permit from
Top Spin, Inc. All fees have been paid. . ,
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:· All departments are recommending approval.
c. Annual TaxiCab License Renewal. Port City Cab Company & Yellow Cab
Company. - CITY CLERK
SUMMARY OF REQUEST: This request is from Thomas Wakefield, owner of Wakefield
Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Ml. Mr.
Wakefield is requesting approval of a license to operate 14 taxicabs for both Port City
Cab Company and Yellow Cab Company. The Muskegon Police Department has
inspected the taxicabs and approves this request.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
d. SECOND READING - Utility Franchise Ordinance. - CITY CLERK
SUMMARY OF REQUEST: To adopt the ordinance granting a non-exclusive
franchise to DTE Energy to use local public ways and do local electrical business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the reque§t.
e. SECOND READING - Zoning Ordinance Amendments to add Port District
Language. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Text contains minor changes suggested by our attorney.
Request to amend Article XV of the Zoning Ordinance to create sections 1504
through 1507, to add the language only for a new Waterfront Industrial Planned Unit
Development (WI-PUD) Zoning District. Also, to amend Section 2334 (Signs) of Article
XXIII to add "# 11, Permitted Signs in the WI-PUD District', and to amend Article II
(Definitions) to add definitions related to the new WI-PUD District.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to include the proposed language in the articles and sections described
above.
, .~OMMITTEE RECOMMENDATION: The Planning Commission recommende_d
a·pproval of the request.
f. SECOND READING - Zoning Ordinance Amendments to Table I and District
Language, PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Text contains minor changes suggested by our attorney.
Request to repeal and reserve Section 2308 (Zero Lot Line) and Section 2310 (Method
for Determining Setbacks, Yards and Density) of Article XXIII of the Zoning Ordinance;
to amend Table I ''District Regulations; Bulk and Setback Requirements" and provide
table notes and a preamble ond; to add bulk and setback requirements to each
zoning district (Articles IV through XX, excepting Article V).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to _include the proposed language ion the articles and sections described
above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request.
g. SECOND READING - Rezoning request for property located at the corner of
Laketon Ave. & Park St. - PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located at the corner of
Laketon Ave. and Park St., from 1-2. General Industrial to B-4. General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to
compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request on 3/15/00.
h. SECOND READING - Rezoning request for property located on Holbrook Ave.,
between Sixth & Commerce Streets. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located on Holbrook Ave ..
between Sixth and Commerce Streets, from 1-2. General Industrial to B-2,
Convenience and Comparison Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to
compliance with the future land use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request on 3/15/00.
j. Appointments & Resolution. COMMUNITY RELATIONS COMMITTEE
SUMMARY OF REQUEST: To concur with the action of the Community Relation
Co.aimittee
~ . . and approve the appointments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
k. Aggregates. Highway Maintenance Materials and Concrete. - PUBLIC WORKS
. SUMMARY OF REQUEST: Award bid to supply Calcium Chloride 38% (road brine)
and 32% (winter salting) to Liquid Dustlayer, Inc. Award bid to supply 20AA and 31A
bituminous asphalt to Asphalt Paving, Inc:. Award bid to supply polymer modified
anionic asphalt emulsion to Koch Materials Company. Award bid to supply sylvax-
patching material to Rieth-Riley Construction Company. Award bid to supply
limestone chip blend to Stoneco Muskegon Dock. Award bid to supply road slag to
Verplank Trucking Company. Award bid to supply concrete to Consumers Concrete.
FINANCIAL IMPACT: $106,776 based on 1999 usage at 2000 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
STAFF RECOMMENDATION: To award the various materials to the vendors as
requested.
I. Public Service Building Roof Repair Project. - PUBLIC WORKS
SUMMARY OF REQUEST: This project is to repair a portion of the Public Service
Building roof that has deteriorated due to corrosion of the steel deck. Repairs will
involve an initial area of known deterioration in the vehicle garage and expand to
adjacent areas should additional deterioration be found during construction. The
initial area was bid as a base price with unit pricing for additional materials if needed.
Bids were taken on March 14, 2000 for this project and the low bid of three submitted
was $274,350 from Gale Roofing Co. Our architect, Hooker/DeJong, has reviewed
the bid submittals and recommends that we accept the bid from Gale Roofing Co.
FINANCIAL IMPACT: The current budget allocation for roof repair is $319,000.
BUDGET ACTION REQUIRED: None, this project is included under planned capital
improvements in the Public Service Building Fund.
STAFF RECOMMENDATION: Award the roof repair contract to Gale Roofing, Co.
m. Reimbursement Resolution for Sidewalks & PSB Improvements. - FINANCE
DIRECTOR
SUMMARY OF REQUEST: Later this year it is expected the City will sell bonds to
finance sidewalks and improvements at the Public Service Building. Contracts for the
work will be let prior to the issuance of bonds so it is necessary to adopt the
"reimbursement resolution". This will allow the City to reimburse itself from bond
proceeds for project costs incurred prior to the time bonds are sold.
FINANCIAL IMPACT: Adoption will permit the City to move ahead with the
planned projects and reimburse itself from proceeds from bonds issued at a later
date.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the resolution.
, -0_. Dangerous Building 603 Catherine. - CITY ATTORNEY
SUMMARY OF REQUEST: To approve the Consent Judgement for 603 Catherine as
submitted by the City Attorney. This is required before the judgement will oe
presented to the court for entry.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Mc;tion by Commissioner Schweifler, second by Commissioner Spataro to approve
the Consent Agenda with the exception of item i, o, and p.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
2000-42 ITEMS REMOVED FROM THE CONSENT AGENDA:
i. Purchase of Police Vehicle Radar Units with 1998 Block Grant Money. - POLICE
SUMMARY OF REQUEST: Purchase twenty-five Pro 1000 radar units with video
camera interface. This would allow us to install the new model radars in all regularly
assigned Patrol, Community, Traffic, and K-9 police vehicles. We would purchase the
radars on the State of Michigan/Kus/om Signal contract 071 B9000672. These prices
are good through May 1, 2000. Cost will likely increase after that date. The cost per
radar system is $1,044.00. Total cost for twenty-five systems is $26,100.00.
FINANCIAL IMPACT: Expend $26,100.00 of the money awarded under the 1998
Local Law Enforcement Block Grant #98LBVX3225 and local 10% match money.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
Motion by Commissioner Shepherd, second by Vice Mayor Sieradzki to approve
the request. "
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen,
Schweifler
Nays: None
ADOPTED
o. 2000-2001 Action Plan. - COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: City Commission has received the City of Muskegon's
2000-2001 Action Plan. It is the hope of our department that after the Action Plan is
reviewed by the Commission, it will be approved for its 30-day comment period. The
Action Plan is the document that assures the release of the City's 2000-2001 CDBG
and HOME funding after it is approved by the US Department of Housing and Urban
Development.
Motion by Commissioner Benedict, second by Commissioner Spataro to approve
the 2000-2001 action plan with the stipulation that the housing rehab emergency
r~p~ir program location be changed to city wide.·
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd
Nays: None
ADOPTED
p. Concurrence with Housing Board of Appeals Findings and Orders for the
. following: - INSPECTIONS SERVICES
1} 323 W. Grand Ave.
2} 1844 Getty Street
3} 1479 Jiroch
4} 611 Leonard
5} 1721 Pine
SUMMARY OF REQUEST: This is to request City Commission Concurrence with the
findings of the Housing Board of Appeals that the structures are unsafe, substandard
and a public nuisance and that they be demolished within thirty (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: Demolition will be paid for with CDBG funds with the
exception of 1844 Getty which will be paid with general funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: (323 W. Grand) A dangerous building inspection was
conducted on 11/9/99. The owner is Pamela Warren. A notice and order was sent
out 12/10/99. Finding of facts was sent out 2/7/00. Property taxes for winter of 1999
are delinquent. Copies of the housing board of appeals finding of facts and order
dated 2/7 /00; notice and order dated 12/10/99; dangerous building inspection
dated 11 /9 /99 are available.
STAFF RECOMMENDATION: (1844 Getty) A dangerous building inspection was
conducted on 11 /30/99. The owner is Edward Houghtaling. A notice and order was
sent out 1/25/00. Finding of facts was sent out 3/7 /00. Property taxes for winter of
1999 are delinquent. Copies of the Housing Board of Appeals finding of fact and
order dated 3/7/00; notice and order dated 1/25/00; dangerous building inspection
dated 1/24/00 are available.
STAFF RECOMMENDATION: ( 1479 Jiroch) A dangerous building inspection was
conducted on 12/01 /99. A notice and order was mailed 1/21 /00. The owner of the
structure is Roger Balcom. Property taxes for winter of 1999 are delinquent. Copies of
the Housing Board of Appeals findings of fact and order of the board dated March 7,
2000; inspection 12/1 /99; and minutes from the March 2, 2000, meeting are available.
STAFF RECOMMENDATION: (611 Leonard) A dangerous building inspection was
conducted on 1/24/00. A notice and order was mailed 1/27 /00. The owner of the
structure is William Howell. Property taxes for winter of 1999 are delinquent. Copies of
the Housing Board of Appeals findings of fact and order of the board dated March 3,
290Q; letter of complaint from neighbors dated March 1, 2000, February 19, 1999, Mc:ty
20, 1999, October 6, 1999, and November 4, 1999; and the minutes of the March 2,
2000, meeting are available. -
STAFF RECOMMENDATION: A dangerous building inspection was conducted
October 15, 1999. The owner of the property is Joseph Ferrier. A notice and order
was mailed out 11 /3/99. At the January 6, 2000, meeting of the Housing Board of
Appeals the structure was found to be unsafe, substandard, a public nuisance and
that the case be sent to the City Commission for concurrence. The house was
previously owned by Shelline White. According to our records, taxes for this property
are delinquent in the amount of $842.06.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to accept the
recommendation of the Housing Board of Appeals.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd,
Sieradzki
Nays: None
ADOPTED
2000-43 NEW BUSINESS:
a. Resolution of Support for the Relocation of the USS Silversides. - PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution supporting the relocation of the
USS Silversides to downtown Muskegon.
FINANCIAL IMPACT: There is no direct financial impact, although the Silversides
Board has asked the City staff to investigate the potential for relevant grants. They
will also be fundraising.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and City Clerk to sign.
Motion by Vice Mayor Sieradzki, second by Commissioner Shepherd to approve
the resolution supporting the relocation of the USS Silversides to downtown Muskegon.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
Spataro
Nays: None
ADOPTED
b. Approval for the City to sign agreements with Community Housing
Development Organizations for funding from 1998-99 fiscal year.
COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: On February 29, 2000, the Citizen's District Council
approved the City's administration recommendation for CHDO funding in the
following manner:
l. Muskegon County Habitat for Humanity
Staff Recommendation: $33,500
of.: Muskegon Family Service Center
Staff Recommendation: $68,600
3. Neighborhood Investment Corp. (NIC)
Staff Recommendation: $62,000
4. Nelson Neighborhood Improvement
Staff Recommendation: $87,090
5. Trinity Village Non-Profit Housing Corp.
. Staff Recommendation: $117,500
Our department is requesting approval of the CDC recommendations and
instruction to prepare the subreciepient contracts between the City and the CHDO's.
Motion by Vice Mayor Sieradzki, second by Commissioner Aslakson to accept the
Citizen District Council's recommendation for CHOO funding for 1998-99 fiscal year.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro,
• Aslakson
Nays: None
ADOPTED
c. 2000-2004 Consolidated Plan. - COMMUNITY NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: The City Commission received a copy of the 2000-2004
Consolidated Plan last week. The City of Muskegon is in its final stage of the process
since approval of the document for public comment on March 14, 2000. The
Consolidated Plan is mandated by the US Department of Housing and Urban
Development for all communities that receive Community Development Block
Grant/HOME funding and other federal funding through HUD. The last step in this
process is for the Commission to approve the document and direct our department
to submit the CP to the U.S. Department of Housing and Urban Development for their
final approval.
Motion by Commissioner Aslakson, second by Commissioner Spataro to approve
the 2000-2004 Consolidated Plan with the understa~ding that amendments can be
made later if necessary.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Benedict
Nays: None
ADOPTED
ANY OTHER BUSINESS:
Vice Mayor Sieradzki asked about the orange stakes in the terrace on Creston
Street between Evanston and Apple. City Engineer responded. Commented about
the Dfiesco Property, the berm adjacent to the street, are they required to do any
plantings there? City Manager responded. Stated that North Muskegon is proposing
a tattoo parlor ordinance, would like the City to check into an adult entertainment
ordinance.
Commissioner Shepherd asked about the memo to the Commission reference
goal setting. City Manager responded early May there will be a meeting.
PUBLIC PARTICIPATION:
Pat Montney, 925 Irwin, stated that a barricade is needed on the sidewalk before
Summer Celebration.
James Searer, 1375 Fifth, stated the drug problem has not improved on Spring and
McLaughlin. Commissioner Spataro recommended contacting the County
Prosecutor about "Project Cornerstone".
Mark Anderson, 2140 McCracken, asked about the handicap walkway to Pere
Marquette. He offered his help, 40 hours of his time, and challenged any other
contractors io do the same.
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 7:13 p.m.
Respectfully submitted,
~0-~
Gail A. Kundinger, CMC/ AAE
City Clerk
Date: April 11, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
2546 Henry Street, Muskegon, Ml
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Small Perch Inc. to transfer
ownership of the existing 1999 Class C-SDM license with dance permit
and official food permit from Top Spin, Inc. All fees have been paid.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
.\llirmatin• .-\dion
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231/724-/,7711 The Muskegon Police Depmtment has received a request from the Michigan Liquor
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Control Commission for an investigation on a transfer of ownership of the exi sting
l11fo. Sy~kms license located at 2546 Henry Street.
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Small Perch Inc. is requesting transfer of ownership of the existing 1999 C-SDM licensed
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Our department has talked with Christopher Anderson, 3304 Micka, Muskegon MI, and
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Inc. They have requested for transfer of ownership of the license.
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We have searched our records and conducted a Criminal History Check for both parties
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City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
MEMO
To: Chief Ed Griffin
CC: Det. Sgt. Dean Roesler
From: Det. Kurt Dykman
Date: 2-29-00
Re: Transfer of ownership for liquor license at 2546 Henry St., Muskegon, MI
(Sardine Room)
Chief Griffin,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Small Perch, Inc.
Small Perch Inc. is requesting to transfer ownership of the existing 1999 C-SDM licensed
business with dance permit and official permit (food) from Top Spin, Inc. The
establishment does not have a designated area for dance at this time but wishes to retain
this permit.
I have talked with Christopher Anderson, 3304 Micka, Muskegon MI, and David
Biesiada, 4582 Henry St, Muskegon MI. Both are the proprietors for Small Perch, Inc.
They, together, have requested for transfer of ownership of license.
I have searched MPD records and conducted a Criminal History Check and find no
reason to deny this transfer.
Respectfully submitted,
Det. Kurt Dykman
data/common/small perch
Michigan Department of Conswner & Industry Services
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P,0, Box 30005
Lansing, Michigan 48909-7505
To: Muskegon Police Department Date: March 1, 2000
Chief of Police REF#:
980 Jefferson Street, PO Box 536 REQ ID#:59910
Muskegon, MI 49443-0536
Chief Law Enforcement Officer
Applicant:
SMALL PERCH, INC. requests to transfer ownership of 1999 Class C-SDM licensed
business with Dance Permit and Official Permit {Food), located at 2546 Henry,
Muskegon, MI 49441, Muskegon County, from TOP SPIN, INC.
Please make an investigation of the application. If you do not believe that
the applicants are qualified for licensing, give your reasons in detail.
Complete the Police Inspection Report on Liquor License Request, LC-1800, or
for Detroit police, the Detroit Police Investigation of License Request, LC-
1802. If there is not enough room on the front of the form, you may use the
back.
Forward your report and recommendations of the applicant to the Licensing
Division.
Please include fingerprint cards and $15.00 for each card, and mail to the
Michigan Liquor Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400,
after 10:00 a.m.
LC-1972 Rev. 6/92
4880-1658
sfs
LIQUOR LICENSE REVIEW FORM_
sm=a~..:....:.:..ier'
Business Name: ---"'-'-' 11 p· --"c'-'h -!..J..--"'I-'-'n..._c.,_
. _ _ __ _ _ _ _ _ __ __
AKA Business Name (if applicable): _ __ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: Christopher J. Anderson & David A. Biesiada, Jr.
Business Address: 2546 Henry, Muskegon, MI
(·Sardine Room)
Reason for Review:
New License D Transfer of Ownership 18:K] Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: Apr i 1 3, 2000
Police Department Approved ienied D No Action Needed D
Income Tax · Approved D Owing D Amount: - -- - -
Treasurer Approved D Owing D Amount: _ _ _ __
Zoning Approved D Denied D Pending ZBA D
Fire/Inspection C~mpliance D Remaining Defects _ _ _ _ __
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City aerk
Liquor License Coordinator
STATE OF MICIBGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7 150 Harris Drive
RECEIVED
P.O. Box 30005
Lansing, MI 48909-7505 MAR 1 4 2000
LOCAL APPROVAL NOTICE City Clerks Office
(Authorized by MCL 436.1501(2) and MAC l 105(2)(d))
Ref#
Reg ID#59910
Date: March 1, 2000
To: Muskegon City Commission
933 Terrace Street
PO Box 536
Muskegon, MI 49443-0536
Applicant: SMALL PERCH, INC.
HOME ADDRESS AND PHONE NO:
Christopher J. Anderson, 3304 Micka, Muskegon, MI 49444 H(231)773-7470/B(231)755-5008
David A Biesiada, Jr., 4582 Henry St., Muskegon, MJ 49441 H(231)798-1080/B(231 )755-5008
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501 of
the M ichigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAlNMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTMTY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as ( 517) -3 22-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 6/98
4880·1234
2000-41(b)
STATE OF MICIIlGAN
,.J /J.
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
D
I , 0
J/lv RESOLUTION REQ ID # 59910
Re~g,,__u_l-,,a_r-,-----=-..,...,,-------- meeting of the ____c_,=-·t_, _y-:-:---,C,-om_m.. ,.,·_s_s,.,,.i-,--o_n_-c,--_ _ _ _
At a _ _
(Regular or Special) (fownsltip Board, City or Village Cow,cil)
called to order by _ _Mc..ca;, . y--=-o-'----r_N'--'---1-----'e=--l· c. : sc..: e.:. . n_ _ _ on Apr i l 11 , 2000 at_---'-5_:...:..._30_ _ P.M.
The following resolution was offered:
Movedby Commissioner Schweifler andsupportedby Commissioner Spataro
That the request from SMALL PERCH, INC. to transfer ownership of 1999 Class c licensed
business with Dance Permit, located at 2546 Henry, Muskegon, MI 49441, Muskegon County,
from TOP SPIN, INC.
A rova l _ _ _ _ _(A-pp-,o-,val-or_Di,_ap-pro-val)
be considered for --~c:_:_::...;_;;;_:__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
--- -------- -----------
0_____ __ _
Nays: ___ Nays: _ _ _ _ _ _ _ _ _ __
Absent: - ~
0 -------- Absent: - - - - - - - - - -
It is the consensus of this legislative body that the application be:
Recommended
___ _____....:....:....::....:....::.:..:..::.:..:=.:..::..::...:=-------------------- for issuance
(Recon unended or not Reoommended)
State of Michigan _ _ _ ___,
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ___c_,_·t~y'---C_o_m...,..m_is_s_i_o_n_ _ __ _ at a _ _ _R_e_,,g_u_l_a_
r __ _ _ _ _ __
(fownship Board, City or Village Cow,c,l) (Reg,tlar or Special)
· meeting held on April 11, 2000
SEAL
(Date)
(Signed) tk, aL ~
Gail A. KuiZaiW~~i~~rve~•f1yklerk
933 Terrace, PO Box 536
(Moiling address ofTownship, Cily of Village)
Muskegon, MI 49443-0536
Req ID #5991 O i •:-higan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPOh, ON LIQUOR LICENSE REQUESl 7150 Harris Drive
(Authorized by MCL 436.?a)
PO Box 30005
Lansing, M1ch1gan 4890i9-7505 +l ,
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
,.1 ·(f
__ f
rD"
BUSINESS NAME AND ADDRESS: (include zip code)
SMALL PERCH, INC., 2546 Henry, Muskegon, MI 49441, Muskegon County
REQUESTFOR: Transfer ownership of 1999 Class C-SDM licensed business with Dance Permit and
Official Permit (Food), from TOP SPIN, INC.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2:
Christopher J. Anderson - Stockholder David A. Biesiada, Jr. - Stockholder
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
3304 Micka 4582 Henry St.
Muskegon, MI 49444 Muskegon, MI 49441
H(o,11771 .?1.?n/R(o11,)755 5008 Hf231)798-1080/B(231)755-5008
DATE OF BIRTH: C/- I?.-{, •J DATE OF BIRTH: / V - 30 ·-& _,;
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
DYes No•
o Does the applicant have a Visa? Enter status:
D Yes D No
o Does the applicant have a Visa? Enter status:
Date fingerprinted: '3 ·-/ 7-0o Date fingerprinted: :?-/7-0 0
I _ Attach the fingerprint card and $15.00 for each card and mail.to the Liquor Control Commission. I
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Can living quarters be reached from the inside of the establishment without going outside? D Yes ;(l No
Does applicant intend to have dancing or entertainment?
D No ~ Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ~ No D Yes, explain relationship:
I Section 3. Local and State Codes arid Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if this license is granted? iji.:] Yes No D
If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report ii more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? 0 Yes D No
2. Is the. proposed location satisfactory for this business? ~ Yes No D
3. Should this request be granted by the Commission? 12{1 Yes No D
4. If any of the above 3 questions were answered no, state your reasons: (Altach a signed and da!ed report ii more space is needed)
-·
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
STATE OF MICHIGAN
JEPARTMENT OF CONSUMER & INDUSTRY SERVICno
LIQUOR CONTROL COMMISSION Pl NUMBER:59910
j,+I·
.J .-- {p ~- Q O
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909•7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENTrTOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
755-5008
SMALL PERCH, INC.
APPLICANT/LICENSEE PHONE NUMBER
2546 Henry Muskegon Muskegon 49441
STREET ADDRESS CITY TOWNSHIP COUNTY ZIP
I. The dance floor will not be less than I 00 square feet, is clearly marked and well defined when there is dancing by
customers. YES D NOD N/A ))!( No dance floor available at this time.
2. Describe the type of entertainment applicant/licensee will provide: NIA • Live/recorded music
3. Will this entertainment include topless activity? YES D NO -~· N/A o
DANCE PERMIT YES 31 NO D NIA •
ENTERTAINMENT PERMIT YES D NO D N/A D
TOPLESS ACTIVITY PERMIT YES D NO • NIA •
3-20-00
~ --. .
DATE SUBMITI'ED OFFICER'S S I ~
Muskegon Police Dept. 231-724-6750
DEPARTMENT NAME PHONE NUMBER
980 Jefferson Muskegon
ADDRESS CITY
LC-693N REV 5/98
488Q.Q652
',;\,I • 0 0
-I . I I MICHIGAN DEPARTMENT OF COMMERCE
✓ o/"-4 .
3/ j) ,,,DD
C LIQUOR CONTROL COMMISSION
7150 Harris Dr. Req ID #59910
P .0. Box 30005
Lansing, Michigan 48909
;
I
i,
APPLICAT.ION FOR O_
FFICIAL PERMIT FOR DIFFERENCE IN HOURS OF OPERATION
(A.uthorized by MAC Rule 436.1437)
r'
>
APPLICANT OR LICENSEE:
SMALL PERCH, INC.
ADDRESS:
TYPE OF LICENSE:
The Commission is requested to grant an after hours permit for: (check boxes that apply)
~t ,...., • · ~ ·-Operating our .restau r.-ant.for~the -sale of,.food ..., ,.,,.. , ~,
I I Operating night league bowling, tournaments or Sunday morning bowling
0 Registering golfers
0 Registering Skiers
D Registering Tennis Players
D Other: (Not listed above)
iI '
! ' '
! During the Hours of:
(." 'OD
Weekdays _.)
=--. __ A.M. to / ' ,0 0 A.M.
Sundays s;,, 0 D A.M. to /,). •
· oof'-~
- A, M,:--
It is understood that customers shall not be on the licensed premises for any activity other than the
requested activity.
Licensee or Applicant Signatures:
,.
;ttft;t~
LOCAL LAW ENFORCEMENT RECOMMENDATION
To: Law Enforcement Agency:
This Application is for official permits allowing the after hours operations indicated above. Will you
please enter your ·recommendations below and return orie ~igi:,ed copy to the Comm ission.
IX!·. Recommended: Comments: _ ___;__ _ ::.__ _ _ ____;__ __ _ ..,:___ _, - - - - - - - - - - - - , - -
f
;,
I
D Recommended e~cept for _ _ _ _ _ _ _ _ _ _ c . , __ _ ·permit
I
I
I
I
0 Not Recommended
\
I
I
I
3 -))- cO
LC- 1112 4/87
LIQUOR LICENSE REVIEW FORM
Business Name: -....:::.:.:~.:......:...:::.:...::~--=-:.""-'--------------
Small Perch Inc.
AKA Business Name (if appli~able): _ __ __ _ _ __ __ __
Operator/Manager'sName: Christopher J. Anderson & David A. Biesiada, Jr .
Business Address: 2546 Henry, Muskegon, MI
(Sardine Room)
Reason for Review:
New License D Transfer of Ownership gg] D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ __ _ _ __ __
Deadline for receipt of all information: __A_,__pr_i_l_3_,_,_2_0_00_ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~ D Amount:
ing
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied O Pending ZBA D
Fire/Inspection Compliance O Remaining Defects _ _ _ _ __
Se.rvices
Department Signature__• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM .
Business Name: _ s 11 p·=er'"'""c"'h-!..1---"-'I-'-n.,.._c.,____ _ _ __ _ _ __ __ __
____:a:.:,:m~a..!..!-..:...
AKA Business Name (if applkable): _ _ _ __ _ _ _ __ __ _
Operator/Manager'sName: Christopher J. Anderson & David A. Biesiada, Jr.
Business Address: 25~ Henry, Muskegon, MI
(Sardine Room)
Reason for Review:
New License D Transfer of Ownership 18K] D
Dance Permit
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __A..._p_ri;._1_3'-"--2;;;..;.0..;..oo.;..___ _ _
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
~ Owing D Amount:
Zoning Approved • Denied 0 PendingZBA •
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature._"--
d -i..,l-,.:;;..
,,,e,
I (
;.;;...
~.= ,. . .,~
;.:;;,,.=.v....:~;;.>_
. .· g
_~__..,..J)_ 1_7,~1/l._517_
I I
_ _ _
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM .
Business Name: _....:a:.:.,.,_,,,__,_.:......:....>a:..:.....la'-'-'-'-..........
Sma 71 Perch Inc. ~ - -- -- - - - - - -- -
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ __ ____
Operator/Manager'sName: Christopher J. Anderson & David A. Biesiada, Jr.
Business Address: 2546 Henry, Muskegon, MI
(Sardine Room)
Reason for Review:
New License D Transfer of Ownership ~ D
Dance Permit
Drop/Add Name on License • Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit 0
Other _ _ __ _ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ __
Deadline for receipt of all information: __A..__pr_i_l_3_,_,_2_0_00_ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount: _ _ _ __
Zoning Approved J~l. Denied D Pending ZBA D
Fire/Inspection · C~mpliance D Remaining Defects _ _ _ _ __
Services
Department Signature@ ;t ~~
-~
Gail A. Kundinger, City cierk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORM
Business Name: --=""'--'-.:-.:....""-'--""--'--'--"-'-'-=-=--------------
Sma 11 Perch Inc.
AKA Business Name (if applicable): _ __ _ __ _ _ _ __ _ _
Operator/Manager'sName: Christopher J. Anderson & David A. Biesiada , Jr.
Business Address: 2546 Henry, Muskegon, MI
(·Sardine Room)
Reason for Review:
New License 0 Transfer of Ownership !ill· D
Dance Permit
Drop/Add Name on License • Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ __
Deadline for receipt of all information: __A_,_p_ri_l_3---'--2_o_oo_ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D PendingZBA •
Fire/Inspection C~mpliance lXJ Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
CHRISTOPHER J ANDERSON A 536·115·379·709
DIANA L ANDERSON A 536·143·564·588
3304 MICKA (231) 773-7470
1: MUSKEGON, Ml 49444
'·
Affirmative Action
616/724-6703 '
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055 West Michigan's Shoreline City
Clerk
616/724-6705
- FAX/724-4178
Comm. & Neigh.
Services
616/724-6717
FAX/726-250 I April 12, '.WOO
Engineering
616/724-6707
FAX/727-6904
Finance
6 16/124-6713
Liquor Control Commission
FAX/724-6768 7150 Harris
Fire Dept.
PO Box 30005
616/724-6792 Lansing, MI 48909-7505
FAX1724-6985
Income Tax REF: #59910
616/724-6770
FAX/724-6768 2546 Henry
Info. Systems
Muskegon,MI 49441
616/724-6706
FAX/722-4301
To Whom It May Concern:
Leisure Service
616/724-6704
FAX/724-1196
Enclosed is the resolution, print cards and check, police inspection repo1t (LC-
1800), application for official permit for difference in hours of operation, and the
Manager's Office
616/724-6724 local law enforcement agency report. This is for the request from Small Perch,
FAX/722-1214 Inc., to transfer ownership of 1999 Class C-SDM licensed business with dance
Mayor's Office permit from Top Spin, Inc.
616/724-670 I
FAX/722-1214
Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Neigh. & Cons t.
Services
616/724-6715 Sincerely,
FAX/726-2501
l}-11-1-:
Planning/Zoning
616/724-6702 df/l&!i 71/;i-C,U!/?-
FAX/724-6790
Linda Potter
Police Dept.
616/724-6750 Deputy Clerk
FAX/722-5140
Public WorlTs/3-. 1 /J 1,,. A
Name of Company (d,b,a.) 1,~15&PI' t:: l°dM:;:;Jr;
Address of Office
7~~m:~~·
Name & Residence of
each person interested
)
)
/~~ Age~,
in or connected with the ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ _ __
above, individual, firm,or) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
corporation. )
___________________ Age._ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __
Present Business of each person
connected with the above application,
Give experience of applicant in taxicab
business in this City or elsewhere.
Number of cabs applicant proposes to use,_____ ..J..-''-------------
Are there any unpaid or unbonded judgments ~
of record against the applicant ---------....1.~4-=-------------
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted ~ < r i m e or misdemeanor,
if so, state date and Court.
Name of insurance company with which
applicant is insured and amount of coverage.
Name of local agent or representative. ___...,!ti)_~~~e:::t==~•::,.._~,/3'..,,,_~~"'-'====---
Is the above applicant the s~owner of all the automobiles
proposed to be used? ____.c;~!i:::::!L_______________________
. State liens, mortgage~ or otere?~rances including conditional sales
contracts on such taxicabs. ---~'::L,'9-1:..,~~~-:...C."-'::..._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Attached hereto is a list 0£ the automobiles with name 0£ make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.
The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.
Subscribed and sworn to bef9re me
County, Michigan, this .3rd day
My commission expires
9-,xJ-CliJ.
Application Approved
Chief of Police
... ...
ACORD~ (JI. > · .:t~.1:11,t,p;!UIMUDifllllMR,:glilf
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AS A MATTER OF INFORMATION
.,.• •• -:,;".:.''·,·· .... ;' :•.•)"••.- .. :: -'!t·...
ISSUl:O
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PMIDUCER OHLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS Cl!IITIFICATE OOES NOT AMEND, &XTEND OR
MI Suainaas In11uranc• Sarrv. ALTER THE COVERAGE AFFORDED BY THE POLICIES IIELOW.
32107 W, Lindooro Cyn. Rd. #126
We•tlake Village CA Pl36l COMPANIES AFFORDINCil CDVl:HAGE
(:0~,'NY-
Denni• J. Byrne A Ralia~ea National Indemnity Co
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COMPANY
Wakafield Laa• ing Co,rp C
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NON.OWNED AUTOS
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- STATUTORY AUTO OHI.Y • IA ACCIDENt I
ANVAUTO OTHER THAN AUTO ONLT:
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REXC:E&a UAB!l.lTV
UMBRELLA fl0RM
OTI-IIIFI THAN UMIRILLA FORM
l!ACH CJCCUM:fNC?
AOGREGATI l
WORKfRSCOMl'ttNUTI0N AND
IMPLOYIUUI,' LWm.rrv
l\",l'i,fl\'/llis I fUJ~• '..
EL iACH ACCIDENT I
THE PROl'RIET0R/
PARTNEFISliXECUTtvfi. RINCL EL DIIWI • POLIC't' LIMIT I
Ol'f'ICIMAftll1 OXOL !L DIS!AII. • IAEMPLO'('l!e I
OTH!ft.
DESCRIPTION ()F' 0 N- EH!CLESISP£CIA.L ITl!iMS
SO.$ •tta,.;:ihad vehiala a0hQd1,1Le.
•10 day• notiae of canc•llation in the avant 0£ non payment of P"-i\1111.
Cl!ltflFICA'll!i KO~IIEII ·.· ;"Af!!(lfi~l#tidlf . >
MUS!Gl-- &HOUl.l} ANY Of TNE MOVI!! Dl!!SCRIBED POLICIES BE CANCELLED HF'ORS:nns
EX~IRA'TION OJ.Te Tt--l!Rli¢F, THI:; 13SUJNB CCMP'ANVWILL l!ltl\l%f:Q ner-RESCNfAf(VE
De~.n.is
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AGENDA ITEM
CITY COMMISSION MEETING
March 28, 2000
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk f
DATE: March 22,_2000
SUBJECT: Utility Franchise Ordnance
SUMMARY OF REQUEST: To adopt the ordinance granting a non-exclusive
franchise to DTE Energy to use local public ways and do local electrical business .
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION: None.
#2015
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO DTE ENERGY MARKETING, INC.,
TO USE LOCAL PUBLIC WAYS AND DO LOCAL ELECTRICAL BUSINESS
WHEREAS, DTE Energy Marketing, Inc., its successors and assigns, seeks a public
utility franchise to use the highways, streets, alleys, bridges, and other public places for the
transmission of electricity, and to do local electric business in the City of Muskegon, and
WHEREAS, the City of Muskegon, Muskegon County, Michigan, is empowered,
pursuant to the Michigan Constitution of 1963, and Chapter XIV of its own City Charter, to grant
public utility franchises by Ordinance,
NOW, THEREFORE, the City of Muskegon, Michigan Ordains:
Section!. Grant of Non-Exclusive Rights
A. Term; Revocable at Will. City of Muskegon (City) grants to DTE Energy
Marketing, Inc., its successors and assigns (Grantee), subject to the terms and conditions set forth
below, the nonexclusive right, power and authority to construct, maintain and use electric lines
consisting of towers, masts, poles, cross-arms, guys, braces, feeders, transmission and
distribution wires, transformers and other electrical appliances (hereinafter "Electric System") on,
along, across and under the highways, streets, alleys, and bridges (hereafter "Public Ways") as
identified in Exhibit A to this Ordinance and to do local electric business in the City of
Muskegon, Muskegon County, Michigan, for a period of five years. Notwithstanding the term of
this agreement, it is revocable at will in accordance with the Michigan State Constitution,
Article 7 Section 25.
B. Location in Public Ways. To the maximum extent possible, Grantee shall place
its electrical system on, within, and along existing utility facilities in the Public Ways.
C. Lease. Grantee shall not lease or sublease any portion of its electrical system
within the city to a person who by law is required to obtain the City's permission or consent to
transaction business in the City and who lacks such permission or consent. Grantee shall not
allow the property of a third party or non-electrical system wires or any other facilities to be over
lashed, affixed or attached to any portion of its electrical system or allow other actions with a
similar result without the written consent of the City Manager or that person's designee.
Section 2. Use of Public Rights-of-Way by Grantee
A. No Burden on Public Ways. Grantee and its contractors, subcontractors and the
Grantee's Electric System shall not unduly burden or interfere with the present or future use of
any of the Public Ways within the City. Grantee shall erect and maintain its Electric System so as
\\FINANCE_NDDATAICLERK\KUNDINGER\WORDIELECFRANCHISEAGREE-DTE ENERGY.DOC
to cause minimum interference with the use of the Public Ways and with the rights or reasonable
convenience of property owners. No Public Way shall be obstructed longer than necessary during
the work of construction or repair to the Electric System. Grantee's cable, wires, structures and
equipment shall be suspended or buried so as to not endanger or injure persons or property in the
Public Ways. If the City in its reasonable judgment determines that any portion of the Electric
System constitutes an undue burden or interference, Grantee at its expense shall modify its
Electric System or take such other actions as the City may determine is in the public interest to
remove or alleviate the burden, and the Grantee shall do so within the time period established by
the City.
B. Restoration of Public Ways. Grantee and its contractors and subcontractors shall
immediately restore, at Grantee's sole cost and expense and in a manner approved by the City,
any portion of the Public Ways that is in any way disturbed, damaged, or injured by the
construction, operation, maintenance or removal of the Electric System to as good or better
condition than that which existed prior to the disturbance. In the event that Grantee, its contractor
or subcontractors fail to make such repair within the time specified by the City, the City shall be
entitle to complete the repair and Grantee shall pay the costs of the City for such repair.
C. Easements. Any easements required for installation or maintenance of an Electric
System or part thereof by Grantee over or under private property shall be arranged and paid for
by Grantee. Any use or intrusion on private property without an easement or other instrument
evidencing permission of the property owner shall constitute a trespass by Grantee and a
violation of this Agreement. Any easements over or under property owned by the City other than
the Public Ways shall be separately negotiated with the City.
D. Tree Trimming. Grantee may trim trees upon and overhanging the Public Ways
so as to prevent the branches of such trees from coming into contact with the Electric System.
Grantee shall minimize the trimming of trees to trimming only those that are essential to
maintain the integrity of its Electric System. No trimming shall be done in the Public Ways
without previously informing the City.
E. Pavement Cut Coordination/Additional Fees. Grantee shall coordinate its
construction program and all other work in the Public Ways with the City's program for street
construction, rebuilding, resurfacing and repair (collectively, "Street Resurfacing"). Grantee shall
meet with the official of the City primarily responsible for the Public Ways at least twice per year
to this end.
The goals of such coordination shall be to require Grantee to conduct all known
work in the Public Ways in conjunction with or immediately prior to any Street Resurfacing
planned by the City, and to prevent the Public Ways from being disturbed by Grantee for a period
of years after such Street Resurfacing.
Grantee shall pay to the City the sum of $1,250 for each fifty feet (50') cut into or
excavation of any Public Way, or portion thereof, which was subject to Street Resurfacing within
\IFINANCE_NnDATA\CLERK\KUNDINGERIWORDIELECFRANCHISEAGREE-DTE ENERGY.DOC
18 months prior to such cut or excavation. This fee is in addition to and not in lieu of the
obligation to restore the Public Ways.
F. Marking. Grantee shall mark its Electric System as follows: Aerial portions of
the Electric System shall be marked with a marker on its lines on alternate poles which shall state
Grantees name and provide a toll-free number to call for assistance. Direct buried underground
portions of the Electric System shall have: (1) a conducting wire placed in the ground at least
several inches above the Grantee's cable or wire (if such cable or wire is non-conductive); (2) at
least several inches above that a continuous colored tape with Grantee's name and a toll-free
number and a statement to the effect that there is buried cable beneath; and, (3) stakes or other
appropriate above-ground markers with Grantee's name and a toll-free number and indicating that
there is buried cable below.
G. Compliance with Laws. Grantee shall comply with all laws, statutes, ordinances,
mies and regulations regarding the installation, constrnction, ownership or use of its Electric
System, whether federal, state or local, now in force or which hereafter may be promulgated
(including, without limitation, any ordinance requiring the installation of additional conduit when
Grantee installs underground conduit for its Electric System). Before any installation is
commenced, Grantee shall secure all necessary permits, licenses and approvals from all
appropriate departments, agencies, boards or commissions of the City or other governmental
entity as may be required by law, including, without limitation, all utility line permits and
highway permits. Grantee shall comply in all respects with applicable codes and industry
standards, including but not limited to the National Electrical Safety Code (latest edition) and the
National Electric Code (latest edition). Grantee shall comply with all zoning and land use
ordinances and historic preservation ordinances as may exist or may hereafter be amended.
H. Street Vacation. If City vacates or consents to the vacation of a street or alley
within its jurisdiction, and such vacation necessitates the removal and relocation of Grantee's
facilities in the vacated Public Way, Grantee agrees, as a condition of this Agreement, to consent
to the vacation and to move its facilities at its sole cost and expense when asked to do so by the
City or a court of competent jurisdiction. Grantee shall relocate its facilities to such alternative
route as the City, acting reasonably and in good faith, shall designate.
I. Relocation. If the City requests Grantee to relocate, protect, support, disconnect,
or remove its facilities because of street or utility work, Grantee shall relocate, protect, support,
disconnect, or remove its facilities, at its sole expense, to such alternate route as City, acting
reasonably and in good faith, shall designate.
J. Public Emergency. The City shall have the right to sever, disrnpt, dig up or
otherwise destroy facilities of Grantee, without any prior notice, if such action is deemed
necessary by the Mayor, City Manager, Police Chief or Fire Chief because of a public
emergency. Public emergency shall be any condition which, in the opinion of any of the officials
named, poses an immediate threat to the lives or property of the citizens of the City, caused by
any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents,
IIFINANCE_NTIDATA\CLERKIKUNDINGER\WORDIELECFRANCHISEAGREE-DTE ENERGY.DOC
explosions, major water main breaks, hazardous material spills, etc. Grantee shall be responsible
for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by
the City.
K. Miss Dig. If eligible to join, Grantee shall subscribe to and be a member of "MISS
DIG," the association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as
amended, MCL 460.701, et seq, and shall conduct its business in conformance with the statutory
provisions and regulations promulgated thereunder.
L. Use of Existing Facilities: Compensation to City. Grantee shall utilize existing
poles, conduits, and other facilities wherever practicable, and shall not construct or install any
new, different, or additional poles, or other facilities unless expressly authorized by the City.
Where existing utility wiring is located underground, either at the time of initial construction or
subsequent thereto, Grantee's Electric System shall also be located underground unless otherwise
expressly authorized by the City. In the event Grantee desires to utilize existing poles, conduits
or other facilities owned by the City, Grantee shall be obligated to pay the existing standard
charge for attachment to, placement in, or other use of those facilities.
To the extent that Grantee chooses to construct its own utility wiring or other new
facilities, Grantee agrees to compensate the City for use of the public rights of way. Unless
otherwise agreed by the City and Grantee, the compensation shall be paid at the rate of$0.30 per
lineal foot of wiring or other facilities installed.
M. Underground Relocation. If Grantee has its facilities on Consumers Energy
Company's or any other public utility company's above ground utility poles and the owner of said
poles relocates its facilities to an underground conduit, Grantee shall relocate its facilities
underground in the same location.
N. Pole/Conduit License Agreement Notification. If Grantee forfeits or otherwise
loses its rights under a pole/conduit license agreement with Consumers Energy Company or other
entity, then Grantee shall notify the City Manager in writing within 14 days.
Section 3. No City Liability: Indemnification; Insurance.
A. City Not Liable. The City, and its agents, employees, and contractors, shall not
be liable to Grantee or Grantee's customers for any interference with or disruption in the
operation of Grantee's Electric System, or the provision of service over or through the Electric
System, or for any damages arising out of Grantee's use of the Public Ways.
B. Indemnification. As part of the consideration for of this Agreement. Grantee
shall defend, indemnify, protect and hold harmless City, its officers, agents, employees,
departments, boards, and commissions from any and all claims, losses, liabilities, causes of
action, demands, judgments, decrees, proceedings, and expenses of any nature (including,
without limitation, actual fees and expenses of attorneys, expert witnesses and consultants),
\IFINANCE_NnoATA\CLERKIKUNDINGERIWORDIELECFRANCHISEAGREE-DTE ENERGY.DOC
arising out of or resulting from the acts or omissions of Grantee, its officers, agents, employees,
contractors, successors, or assigns, but only to the extent of the fault of the Grantee, its officers,
agents, employees, contractors, successors, or assigns.
C. Assumption of Risk. Grantee undertakes and assumes for its officers, agents,
contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or
about any City-owned or controlled property, including Public Ways, and Grantee hereby agrees
to indemnify and hold harmless the City against and from any claim asserted or liability imposed
upon the City for personal injury or property damage to any person arising out of the installation,
operation, maintenance or condition of the electric system or Grantee's failure to comply with any
federal, state or local statute, ordinance or regulation.
D. Notice. Cooperation and Expenses. City shall give Grantee prompt notice of the
making of any claim or the commencement of any action, suit or other proceeding covered by the
provisions of this Section. Nothing herein shall be deemed to prevent City from cooperating with
Grantee and participating in the defense of any litigation by City's own counsel.
Grantee shall pay all reasonable expenses incurred by City in defending itself with
regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket
expenses such as attorney fees and shall also include the reasonable value of any services
rendered by or on behalf of the City Attorney, and the actual expenses of City's agents,
employees or expert witnesses, and disbursements and liability assumed by City in connection
with such suits, actions or proceedings.
E. Insurance. If Grantee installs or constructs any physical facilities, except for
meters in the City separately from those facilities of Consumers Energy Company or it
successor, thereafter the Grantee shall maintain in force during the remaining period of its
franchise, an insurance policy issued by a reputable insurer licensed in the State of Michigan and
acceptable to the City for comprehensive general liability coverage, including all risks
thereunder, together with any special electric liability endorsements, insuring the City as an
additional insured, and covering liability for injuries to any person or property, having liability
limits of $5,000,000. A certificate evidencing the issuance of the said policy shall be placed with
the City, and the insurance shall be renewed during the entire remaining franchise period as a
condition of the continuance of this franchise. A failure to renew or cancellation of the policy
shall constitute cancellation of the franchise. The declaration of coverage or any other document
from the insurance company regarding notice, shall guarantee that the City shall receive 30 days
written notice of cancellation or modification before the policy may be canceled or changed.
Section 4. Franchise Not Exclusive
The rights, power and authority granted herein are not exclusive.
\IFINANCE_NTIDATA\CLERKIKUNDINGERIWORDIELECFRANCHISEAGREE-DTE ENERGY.DOC
Section 5. Rates
Grantee shall be entitled to charge the inhabitants of the City for electricity
furnished at the rates approved by the Michigan Public Service Commission, to the extent it, or
its successors, have authority and jurisdiction to fix and regulate electrical rates and promulgate
rules regulating such service in the City. Such rates and rules shall be subject to review and
change any time upon petition being made by either the City acting through the City Commission
or by Grantee.
Section 6. City Jurisdiction
Grantee shall be and remain subject to all Ordinances, rules and regulations of the
City now in effect or which might subsequently be adopted for the regulation of land uses or for
the protection of the health, safety and general welfare of the public; provided, however, that
nothing herein shall be construed as a waiver by Grantee of any of its existing or future rights
under Michigan or Federal law or a limitation upon the existing or future powers of the City
pursuant to its Charter or Michigan or Federal law.
Section 7. Michigan Public Service Commission
A. Jurisdiction. Grantee shall, as to all other conditions and elements of service not
addressed or fixed by this Ordinance, remain subject to the rules and regulations applicable to
electric service by the Michigan Public Service Commission, or its successor bodies.
B. Filing. Grantee shall provide the City with copies of all documents which Grantee
sends to the Michigan Public Service Commission and copies of all orders, decisions, or
correspondence Grantee receives from the Public Service Commission. generally affecting its
service or business, and in particular the City of Muskegon. Grantee shall permit City inspection
and examination of all records it is required to maintain or file under Michigan Public Service
Commission rules and regulations.
Section 8. Effective Date.
This Ordinance shall take effect 30 days after adoption by the City Commission,
provided, however, it shall cease and be ofno affect after 30 days from its adoption unless and
until within said period Grantee files an acceptance in writing with the City Clerk.
This ordinance adopted:
Ayes: Spataro, Aslakson, Benedict, Nielsen. Schweifler, Shepherd, Sieradzki
Nays: None
Adoption Date: _ ___,A:,;p'-'-r__,i_,_l___,__1_,__1,._____;2"'0'-"'0, _0_ __
\IFINANCE_NT\DATA\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE-DTE ENERGY.DOC
Effective Date:. ___M_a~y_1_1~,~2_00_0_ _ __
First Reading: ___M_a_r_c_h_28~,_2_0_0_0_ __
Second Reading: _ __:._:.Ap=r---'i:.....:1_1_1.z...,. . :2:. . :0c.:;0. : .0_ __
CITY OF MUSKEGON
By: ~ Q- ~ ....c.___
~ __..____
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon; Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the J.l1h_ day of April , 2000, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby. /
~ l. 0· ~ 9,:,__,
1
Dated: Apr iJ 11 , 2000 •
GaiA.Kundinger, CMC/ AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
\\FINANCE_NT\DATA\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE-DTE ENERGY.DOC
EXHIBIT "A"
To
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO DTE
ENERGY MARKETING, INC., TO USE LOCAL PUBLIC WAYS AND TO DO
LOCAL ELECTRICAL BUSINESS IN THE CITY OF MUSKEGON,
MICHIGAN.
Pursuant to Section 1, A, o the above referenced Ordinance, the City of
Muskegon (City) grant to DTE Energy Marketing, Inc., it successors and assigns
(Grantee), subject to the terms and conditions set forth in the above-referenced
Ordinance, the non-exclusive right, power, and authority to construct, maintain,
and use electric lines consisting as towers, masts, poles cross-arms, guys, braces,
feeders, transmission and distribution wires, transformers, and other electrical
appliances (Electric System) on, along, across, and under the highways, streets,
alleys, and bridges (Public Waysfidentified as follows:
ALL PUBLIC WAYS WITIDN CITY LIMITS OF THE CITY OF MUSKEGON.
FAX COVER SHEET
CITY OF MUSKEGON CLERK'S OFFICE
933 TERRACE STREET
PO BOX536
MUSKEGON Ml 49443
'
(,!}31) 724--6705
(.Q.31) 724-4178
SEND TO
Company name
Date
Office location Office.location
Fax number Phone number
0 Urgent • Reply ASAP . D Plea~~-comment O Please review O For your information
Total pages, including cover: 3
· ·····
. ..
1u~;w-1v· .. ..•. ··: •
. _tj;, It~ //o.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO ALL INTERESTED PERSONS:
Please take notice that the City Commission of the City of Muskegon adopted an
ordinance at it's meeting on Apr i l 11 , 2000, granting a non-exclusive franchise to
DTE Energy for the furnishing of electric service from the City of
Muskegon. In summary, the ordinance provides as follows:
I. Grant of non-exclusive rights. The ordinance grants a non-exclusive
right to offer electric service in the City. The grant is revocable at will and
has a term of five years. The electrical utility is to be located in public
ways.
2. Use of public rights of way by franchise. The ordinance provides for the
use of public right of way, prevents burdens on the right of way, requires
restoration in the case of damage or disturbance, allows tree trimming, and
provides for additional fees for pavement cuts. Marking is required on
facilities built by the franchisee.
The franchisee must comply with all laws. In the event of street vacation
or relocation requests, the franchisee must accomplish the relocation of its
facilities at its sole expense.
Public emergencies will justify the right of the City to disrupt lines. The
franchisee is required to register with "Miss Dig". Erection of additional
poles and wires must be authorized by the City.
Facilities are to be located underground in the event the host public utility
company's facilities are so placed. Any agreement with the host utility
company must be copied to the City.
3. No City liability; indemnification; insurance. Section 3 provides for the
protection of the City to indemnification provisions and the requirement of
insurance in the event the franchisee installs or constructs any physical
facilities, except for meters.
4. Franchise not exclusive. The ordinance specifically states that the grant
is not exclusive.
5. Rates. The franchisee is to charge rates authorized by the Michigan
Public Service Commission.
6. City Jurisdiction. The City retains jurisdiction allowed under state law,
charter or federal law.
7. Michigan Public Service Commission. The ordinance recognizes the
jurisdiction of the MPSC, and requires the franchisee to supply the City
with copies of all material documents on file with the MPSC which relate
to this City.
8. Effective Date. The ordinance takes effect 30 days after adoption by the
City Commission, except that it shall not take effect unless the franchisee
files an acceptance in writing to the City Cleric
Copies of the ordinance may be viewed and purchased at reasonable cost at the
office of the City Clerk in the City Hall, 93 3 Terrace Street, Muskegon, Michigan,
during regular business hours.
This ordinance is effective ten days from the date of this publication, subject to
the conditions of paragraph 8, above.
Published Apri 1 19, 2000
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, CMC/AAE
City Clerk
PUBLISH ONCE WITHIN TEN DAYS OF FINAL PASSAGE.
101 Norlh Main SL., Suite 300
Ann Arbor, Michigan 48104
Tel: 734.887.2000 Fax: 734.887.2114
DTE Energy
March 17, 2000
'9~c
Bryon Mazade, City Manager
City of Muskegon
lviAn ~~ G t:iJOO
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MU S l(l!GMl
933 Tenace Street
Muskegon,MI49440 cirv. r,,.':\NJ-'.GEn's c~. ,..,f'5'
As part of Electric Deregulation in the State of Michigan, electric suppliers are required to apply for a
Utility Franchise in the communities they anticipate doing business. In order for businesses within your
community to participate in the first phase, applications must be filed by November 30, 1999 and a
franchise must be obtained by March 30, 2000.
Please accept this letter as formal application for a Utility Franchise to supply electricity in your
community. This request is respectfully submitted by DTE Energy Marketing Inc., which is incorporated
in the State of Michigan and located at 101 N. Main Street, Ann Arbor, Michigan 48104. Our parent
nd
company is DTE Energy, which is incorporated in Michigan and headquartered at 2000 2 A venue,
Detroit, Michigan 48226.
I will contact you in the near future to obtain information regarding your franchise agreement process.
Expeditious completion of the process will be necessary to provide your community with the opportunity
to participate in electric deregulation from its inception.
We would also like to request your assistance in providing verification of application to the Michigan
Public Service Commission (MPSC), Detroit Edison and DTE Energy Marketing. To expedite this
process and reduce your time in its completion, we have enclosed a response letter suitable for all parties.
Others have found the easiest way to complete this process is by utilizing the following steps:
• Photocopy the Jetter to your letterhead.
• Have it signed by an official in your Governing body.
• Place in the enclosed addressed and stamped envelope and mail. Upon receipt of the response letter,
we will forward copies to the local utility and the MPSC.
Your assistance is greatly appreciated and will assist in providing savings in your community. Please feel
free to call me at 734-887-2014 with any questions or concerns.
~ \l()Wl~ I~
John Van Tilburg
Enclosure
March 17, 2000
Mr. Mark Brown
Director of Marketing
DTE Energy Marketing
101 N. Main Street, Suite 300
Ann Arbor, MI 48104
Dear Mr. Brown:
This letter is being provided to notify DTE Energy Marketing that we have received your application for a
Utility Franchise in our community. We understand that DTE Energy Marketing Inc. is located at 101 N.
Main Street, Suite 300, Ann Arbor, Michigan and is an incorporated organization in the State of
Michigan. This letter serves only as notification of receipt and request from DTE Energy Marketing and
does not obligate or bind our community to consider or grant a Utility Franchise to DTE Energy
Marketing.
Sincerely,
Name:
Title:
Community:
cc: Detroit Edison
T\,1ichigan Public Service Commission
Comerica Incorporated P. 0. Box 75000
Detroit. Michigan 48275
March 6, 2000
Dear City Manager,
I am writing this letter asking for your assistance in granting DTE Energy Marketing,
Inc. a cost only franchise to operate as a Power Marketer within your municipal limits.
Comerica has signed a statewide agreement with DTE Energy Marketing to provide
power to all of our banking facilities. In order for Comerica to gain ma."erage
height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: IO feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: IO feet
8. Setback from the ordinmy high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
I -story: 8 feet and 12 feet
1
2-story: 10 feet and 14 feet
Note, setback measurement: The required front yard shall be measured from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line ofbuildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required setbacks shall be landscaped buffer zones.
Section 1103: Area and Bulk Requirements
(Article XI - B-2, Convenience and Comparison Business)
1. Minimum lot size 10,890 sq. feet
2. Maximum lot coverage
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at roadfrontage unless a cul-de-sac, then measured
from setback):
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height:
a. Maximum: 2 stories or 35 feet.
b. Minimum height - 2 stories or 35 feet. Minimum heights are in the form ofan
"overlay district" on the following street corridors:
1) Western Avenue; from Ninth Street to Pine Street.
1
2) Clay Avenue;frorn Seventh Street to Fourth Street.
3) Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: JO.feet
Collector Street: 20 feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 5 0 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
I-story: 8 feet and 12 feet
2-story 10 feet and 14 feet
Note. setback measurement: The required fi:ont yard shall be measuredfrom the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall of the
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
1
11. All required setbacks shall be landscaped buffer zones.
Section 1203: Area and Bulk Requirements
(Article XII - B-3, Central Business)
1. Minimum lot size 4,000 sq.feet
2. Maximum lot coverage
Buildings: 100 %
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback):
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width. ··
5. Height:
a. Maximum height - 6 stories or 90 feet
c. Minimum height - 2 stories or 35 feet. Minimum heights are in the form ofan
"overlay district" on the following street corridors:
1) Western Avenue from Ninth Street to Pine Street.
2) Clay Avenue from Seventh Street to Fourth Street
3) PineStreet;from WesternAve. toAppleAvenue.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). lf the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Jvfinimum:
Expressway, Arterial Street or 1vfajor Street: 30 feet
Collector Street: 20.feet
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30.feet
Note: For minimum front setbacks new principal structures on minor streets may align with
existing principal structures in the immediate area even if the setback is below the minimum
required
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks: no requirement
Note. setback measurement: The required front yard shall be measuredfrom the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure.
10. Zero lot line option: New principal buildings may be erected on the rear yard line
provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or wate,front.
11. All required setbacks shall be landscaped buffer zones.
Section 1303: Area and Bulk Requirements
(Article Xlll - B-4, General Business)
1. Minimum lot size 10,890 sq. feet
2. Maximum lot coverage
Buildings: 70 %
Pavement: 25 %
3. Lot width: 100 feet (shall be measured at roadfrontage unless a cul-de-sac, then measured
from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer it~ width.
5. Height:
1
a. Maximum height - 2 stories or 35.feet
b. Minimum height - 2 stories or 35 feet. Heights are in the form ofan "overlay
district" on the following street corridors:
I) Western Avenue;from Ninth Street to Pine Street
2) Clay Avenue; from Seventh Street to Fourth Street.
3) Pine Street; from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard rooft, and the average
height between eaves and the ridge ofgable, hip, and gambrel rooft (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: IO feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: IO feet
8. Setbackfrom the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
I-story: 8 feet and 12 feet
2-story IO feet and 14 feet
Note, setback measurement: The required p-ont yard shall be measuredfi·om the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to .the
determined drip line of buildings.
I 0. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not ac{jacent to a street.
d A maintenance access easement is granted by the ac{jacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or wate,jront.
11. All required setbacks shall be landscaped buffer zones.
Section 1309: Area and Bulk Requirements
(Article XIII - B-5, Governmental Service)
1. Minimum lot size 10,890 sq. feet
2. Maximum lot coverage
Buildings: 80 %
Pavement: 25 %
3. Lot width: 40 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback):
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height:
a. Maximum height - 4 stories or 60 feet
b. Minimum height - 2 stories or 35 feet. Minimum heights are in the form ofan
"overlay district" on the following street corridors:
1) Western Avenue fi·om Ninth Street to Pine Street
2) Clay Avenue from Seventh Street to Fourth Street.
3) Pine Street;from Western Ave. to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge of gable, hip, and gambrel roofe (see Figure 2-2). Jfthe
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
1
Minor Street: 10 feet
Maximum:
Expressway, Arterial Street or Major Street: 50 feet
Collector Street: 40 feet
Minor Street: 30 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
I-story: 8 feet and 12 feet
2-story 10 feet and 14 feet
3-story 12 feet and 16feet
4-story 16 feet and 20 feet
Note. setback measurement: The required front yard shall be measured from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line ofbuildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not aqjacent to a street.
d A maintenance access easement is granted by the aqjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not aqjacent to wetlands, or waterfront
11. All required setbacks shall be landscaped biiffer zones.
Section 1403: Area and Bulk Requirements
(Article XIV-I-I, Light Industrial)
1. Minimum lot size 21,780 sq. feet
2. Maximum lot coverage
Buildings: 85 %
Pavement: 25 %
2
4. Lot width: 100 feet (shall be measured at road frontage unless a cul-de-sac, then
measuredfrom setback):
5. Width to depth ratios: The depth of any lot(5) or parcel(s) shall not be more than three (3)
times longer its width.
6. Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof su,jace where the building line
abuts the front yard, except as follows: to the deck line of mansard roofo, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofo (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
7. Front Setbacks
Minimum:
Expressway, Arterial Street or Mqjor Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
8. Rear setback: 10 feet
9. Setbackfi'Om the ordinary high water mark or wetland: 75 feet (principal structures only).
10. Side setbacks:
I-story: 10 feet and 20 feet
2-story 15 feet and 25 feet
3-story 20 feet and 30 feet
Note, setback measurement: The required front yard shall be measured.from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip.line ofbuildings.
11. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
2
e. It is not aqjacent to wetlands, or waterfront.
12. All required setbacks shall be landscaped buffer zones.
Section 1503: Area and Bulk Requirements
(Article XV - 1-2, General IndustriaV
Section 1503, Area and Bulk Requirements:
1-2, General Industrial
1. Minimum lot size 43,560 sq.feet
2. Maximum lot coverage
Buildings: 85 %
Pavement: 25 %
4. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then
measuredfrom setback):
5. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
6. Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofe (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
7. Front Setbacks
Minimum:
Expressway, Arterial Street or lvfajor Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
8. Rear setback: 10 feet
9. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
10. Side setbacks:
]-story: 10 feet and 20 feet
2-story 15 feet and 25 feet
3-story 20 feet and 30 feet
2
Note. setback measurement: The required front yard shall be measuredfi·om the right-ofway
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line of buildings.
11. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
12. All required setbacks shall be landscaped buffer zones.
Section 1603: Area and Bulk Requirements
(Article XVI - OSC, Open Space Conservation)
1. Minimum lot size 21,780 sq. feet
2. Maximum lot coverage
Buildings: 20 %
Pavement: 15 %
3. Lot width: 100 feet (shall be measured at roadfrontage unless a cul-de-sac, then measured
from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
ground for each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
2
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback.from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
I-story: 6 feet and 10 feet
2-story 8 feet and 12 feet
Note, setback measurement: The required fi:ont yard shall be measured.from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall of the
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire . access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or wate,jront.
11. All required setbacks shall be landscaped bl{ffer zones.
Section 1703: Area and Bulk Requirements
(Article XVII - OSR, Open Space Recreation)
1. Minimum lot size 21,780 sq.feet
2. Maximum lot coverage
Buildings: 20 %
Pavement: 15 %
3. Lot width: 100 feet (shall be measured at roadji-ontage unless a cul-de-sac, then measured
from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
2
times longer its width.
5. Height limit: 2 stories or 35 feet.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard rooft, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setbackfrom the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
] -story: 6 feet and 10 feet
2-story 8 feet and 12 feet
Note, setback measurement: The required front yard shall be measured from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required IT!!£
yard shall be measuredfrom the property line to the nearestfoundation or building wall ofthe
building or structure. Side yard setbacks shall be measured Ji-om the property line to the
determined drip line of buildings.
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not ac/jacent to a street.
d A maintenance access easement is granted by the ac/jacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or wateifront.
11. All required setbacks shall be landscaped buffer zones.
2
Section I 803: Area and Bulk Requirements
(Article XVIII - LR, Lakefront Recreation)
1. Minimum lot size 21,780 sq.feet
2. Dedicated open space requirement: 15%
3. Maximum lot coverage
Buildings: 60 %
Pavement: I 5 %
4. Lot width: 150 feet (shall be measured at roadfrontage unless a cul-de-sac, then measured
from setback):
5. Maximum building width: 50 % (as a portion ofthe lot width)
6. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
7. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofs, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
8. Front Setbacks
Minimum:
Expressway, Arterial Street or lvfajor Street: 30 feet
Collector Street: 20 feet
Minor Street: IO feet
9. Rear setback: IO feet
I 0. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
11. Side setbacks:
1-story: 8 feet and 12 feet
2-story IO feet and 14 feet
3-story 12 feet and 16feet
4-story 16feet and 20 feet
Note. setback measurement: The required front yard shall be measuredfrom the right-ofway
2
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured from the property line to the
determined drip line ofbuildings.
12. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a.The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not aqjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not aqjacent to wetlands, or waterfront.
13. All required setbacks shall be landscaped buffer zones.
Section 1903: Area and Bulk Requirements
(Article XIX- WM, Waterfront Marine)
1. Minimum lot size 21,780 sq.feet
2. Density {see definition Article ID: 24 dwelling units per buildable acre.
3. Dedicated open space requirement: 15%
4. Maximum lot coverage
Buildings: 60%
Pavement: 25%
5. Lot width: 150 feet (shall be measured at roadfrontage unless a cul-de-sac, then measured
from setback):
6. Maximum building width: 50% (as a portion ofthe lot width)
7. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
8. Height limit: 4 stories or 60 feet
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the ji·ont yard, except as follows: to the deck line of mansard roofe, and the average
2
height between eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
9. Front Setbacks
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
10. Rear setback: 10 feet
11. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
12. Side setbacks:
I -story: 8 feet and 12 feet
2-story 10 feet and 14 feet
3-story 12 feet and 16feet
4-story 16 feet and 20 feet
Note, setback measurement: The required -front yard shall be measured from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rear
yard shall be measuredfrom the property line to the nearest foundation or building wall ofthe
building or structure. Side yard setbacks shall be measured Ji-om the property line to the
determined drip line ofbuildings.
13. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side yard line provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not ac{jacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
14. All required setbacks shall be landscaped buffer zones.
Section 2003: Area and Bulk Requirements
(Article XY - H, Heritage)
1. Minimum lot size 4,000 sq. feet
2
2. Maximum lot coverage
Buildings: I 00 %
Pavement: 25%
3. Lot width: 30 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback):
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height:
a. Maximum height - 6 stories or 90 feet
b. Minimum height - 2 stories or 35 feet. Minimum heights are in the form ofan
"overlay district" on the following street corridors:
I) Western Avenue; Ji-om Ninth Street to Pine Street.
2) Clay Avenue; .from Seventh Street to Fourth Street.
3) Pine Street; from Western Avenue to Apple Avenue.
Height measurement: In the case of a principal building, the vertical distance measured from
the average finished grade to the highest point of the roof surface where the building line
abuts the front yard, except as follows: to the deck line of mansard roofa, and the average
height between eaves and the ridge ofgable, hip, and gambrel roofa (see Figure 2-2). ff the
ground is not entirely level, the grade shall be determined by averaging the elevation of the
groundfor each face ofthe building (see Figure 2-4).
6. Front Setbacks
Minimum:
Expressway, Arterial Street or Mqjor Street: 30 feet
Collector Street: 20 feet
lvfinor Street: IO feet
Note: For minimum front setbacks new principal structures on minor streets may align with
existing principal structures in the immediate area even if the setback is below the minimum
required
7. Rear setback: IO feet
8. Setbackfi·om the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks: no requirement
Note, setback measurement: The required ftont yard shall be measured from the right-of-way
line to the nearest foundation or building wall of the building or structure. The required rf!Jl:.
2
yard shall be measuredfrom the property line to the nearestfoundation or building wall ofthe
building or structure.
10. Zero lot line option: New principal buildings may be erected on the rear yard line
provided:
a. The building has an approved fire rating for zero-lot line development under
the building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d A maintenance access easement is granted by the adjacent property owner
and recorded with the County Register ofDeeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not acfjacent to wetlands, or waterfront.
11. All required setbacks shall be landscaped buffer zones.
This ordinance adopted:
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd.
Sieradzki
Nayes:_N_o_n_e_ _ __ _ _ _ __ _ _ _ _ __ _ _ __ _ _ _ __
Adoption Date: Apr i 1 11 , 2000
Effective Date: Apr i 1 29, 2000
First Reading: March 28 2000
Second Reading: Apr i 1 11 , 2000
CITY OF MUSKEGO~ /
By ~o-~ r
Gail A. Kundinger, City Clk
3
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify 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
11 th day of April , 2000, at which meeting a quorum was present and remained throughout, and that
·the original of said ordinance is on file in the records ofthe City of Muskegon. I fi.uther 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 an1ended, and that minutes were kept and will be or
have been made available as required thereby. ~ _ ~~
DATED: April 11 ,2000. kJo_)_ - -~ ~ 1
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
3
FAX COVER SHEET
CITY OF MUSKEGON CLERK'S OFFICE
933 TERRACE STREET
PO BOX536
MUSKEGON Ml 49443
(~31) 724-6705
(cQ3/) 724-4178
SEND TO
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Total pages, including cover:
····.-:--· · .. ~- ··· ~;-,:-·-.··.,
~ ' . .
·1l /J :· :-· a ·. _.
r~ ·'','• '•'· . ·: ,1 . . ... .) .~ .• ,, ·•
.·:- f-1 f- ·(7)_. I
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL INTERESTED PARTIES
Please take notice that on April 11, 2000, the City Commission of the City of Muskegon
adopted an ordinance amending Article XXIII of the zoning ordinance concerning district bulk
height, setback coverage, mass density, and open space regulations. The ordinance is
summarized as follows:
General. The ordinance provides for the following dimensional matters in all zoning
districts in the city. The dimensions, which are covered by an amended table and the
amendments to the text of the zoning ordinance, are as follows:
1. Minimum lot size
2. Density
3. Maximum lot coverage
4. Lot width
5. Width to depth ratios oflots
6. Height limits
7. Front setbacks
8. Rear setbacks
9. Setbacks from ordinary high water marks or wetlands
10. Side setbacks
11. Zero lot line options in certain districts
12. Maximum height limits in certain overlay districts
13. Maximum setbacks in certain overlay districts
The full ordinance should be consulted for the specific dimensional requirements or
limitations in each specific district.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published Apr i l 19 , 2000 By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, Its Clerk
------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
G:\COMMON\5\GTJ\C-ZONING.NOA
Commission Meeting Date: March 28, 2000
Date: March 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development .(;J)
RE: Rezoning request for property located at the comer of
Laketon Ave. and Park St.
SUMMARY OF REQUEST:
Request to rezone property located at the corner of Laketon Ave. and Park St., from 1-
2, General Industrial to B-4, General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request due to compliance with the future land use
map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request on 3/15/00.
3/17/2000
CITY OF MUSKEGON
.. ..
....
-MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.- 2018
An ordinance to-amend the zoning map of the City to provide for azone chanie for certain property
from I-2 "General Industrial." to B-4 "General Business"
. .
TIIB CITY COMMISSION OF 1HE CITY OF MUSKEGON HEREBY ORDAINS:
the
The zoning map of City of Muskegon is hereby amended to change the zoning ofthe following
described property from I-2 "General Industrial," to B-4 "General Business":
LOT 4 OF BLOq( 460 OF Tiffi REVISED PLAT OF 1903 OF TI:lE CITY OF MUS~GON,
MUSKEGON COUNTY, MICHIGAN
'This ordinance adopted: .
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler , Shepherd, Si eradzki
Nayes:-'-N=o_ne.;;.____________________________
Adoption Date: April 11 2 2000
Effective Date: April 29, 2000
First Reading: March 28 2000
Second Reading: April 11 , 2000
CITY OF MUSKEGON / -
By: tk:L- ~,~~
Gail A. Kundinger, City Cler
3/17/00 2
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a hue 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 11th day of
/lpri 1, 2000, at which meeting a quomm 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
thereby.
DATED: April 11 , 2000.
,_,\
~
. L 7.
of 1976, as amended, and that minutes were kept and will be or have been made available as required
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
· Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
3/17/00 3
City of Muskegon
Planning Conmission
Case #2000-5
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200 0 200 400 600 800 Feet
FAX COVER SHEET
CITY OF MUSKEGON CLERK'S OFFICE
933 TERRACE STREET
POBOX536
MUSKEGON Ml 49443
(1;31} 724-6705
(;i.3/) 724-4178
SEND TO
Company name
Attention /)
l,(,-101 '/-/J-ocY
Office location Office_ location
Fax number Phone number
0 Urgent • Reply ASAP 0 Plea~~- comment OPlease review OFor your informa'lion
Total pages, including cover:
~- /1 .
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t;- /;- V/cJ.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIIlGAN
ORDINANCE NO. 2018
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from I-2 "General Industrial," to B-4 "General Business"
THE CITY COMMISSION OF 1HE 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 I-2 "General Industrial," to B-4 "General Business":
LOT 4 OF BLOCK 460 OF THE REVISED PLAT OF 1903 OF 1HE CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN
This ordinance adopted:
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nayes:~N~o""n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: April 11 1 2000
Effective Date: April 29, 2000
First Reading: March 28 2000
Second Reading: April 11 , 2000
CITY OF MUSKEGON
By:
------------
Gail A. Kundinger, City Clerk
."'::.
3117100 2
Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 15,2000
Hearing; Case 2000-5: Request to rezone City-owned property located at the corner of
Park St. and Laketon Ave. from 1-2, General Industrial to B-4, General Business.
BACKGROUND
Applicant: City of Muskegon
Address/Location of Subject Property: Northeast corner of Laketon Ave. and Park St.
Use: Vacant
Current Zoning: 1-2, General Indush·ial
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
I. This triangle-shaped lot was part of the purchase of property by the City from Railtex for
the bike trail. Although this lot is not needed for the trail, it was part of the deal when the
trail property was purchased. The subject lot is located directly adjacent to the Muskegon
Rescue Mission Men's Shelter on Laketon Ave. and Seventh St.
2. The City Commission has approved a lease agreement to lease the subject lot to the
Rescue Mission. The Rescue Mission wishes to use the lot for additional parking when
they move their retail store (now located at Remy/Sherman) to their Laketon Ave.
location. Since the City's purchase of the lot was pmi of the golf course conversion for
trail property, the City is prohibited from selling it.
3. The Future Land Use Map shows the subject prope1iy as industrial as pmi of a larger m·ea
of industrial lands to the N 01ih.
4. The City has initiated the rezoning of this property since staff feels that an industrial
zoning is no longer appropriate for the site. The lot is not large enough to locate an
industry on, but is large enough to provide parking for the adjacent business use.
5. The Master Land Use Plan states:
• The southerly portion of the (sub)area is devoted to industrial development ... The
industrial area possesses several former industrial sites.
• Laketon Avenue suffers as a result o_fseveral business and properly owners who fail
lo maintain the appearance of their buildings and/orjrontage sites
• The area's major streets lack a cohesive streetscape program.
6. The Master Plan recommends for this sub-area:
• Complete the proposed bicycle pathway along Laketon Avenue.
• Implement comprehensive streetscape programs along the sub-area's major
roadways.
• Work with Laketon Avenue businesses to encourage site enhancements and, where
necessary, buildingfar;ade improvements.
• Focus "brownfield" redevelopment efforts on the former industrial land.
7. The addition and improvements to the proposed parking area will be subject to staff site
plan review, where some of the design issues brought up in the Master Plan can be
addressed.
ORDINANCE EXCERPTS
ARTICLE XV - 1-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The 1-2 General Industrial Districts are established primarily for manufacturing, assembling, and fabrication
activities including large scale or specialized industrial operations whose external physical effects may be felt to
some degree by surrounding districts. The 1-2 District is so strnctured as to permit, in addition to 1-1 Light
Industrial District uses, the manufacturing, processing and compounding of semifmished or finished products
from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an 1-2 General Industrial District, buildings and land may be used for one (I) or more of the following
specified uses, unless otherwise provided in this Article.
I. Any Principal Use Permitted in the l-1 District, subject to the requirements of this District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys, rolling and
extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous materials as
defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
9. Non-accessory signs provided that the signs conform to Section 2308(1) of this Code.
SECTION 1501: SPECIAL LAND USES PERMITTED
2
The following uses, and their accessory buildings and accessory uses, shall be permitted as a special land use if
it is found to meet the standards outlined in Section 2332 of this Ordinance, subject to applicable conditions
imposed by Ordinance or other reasonable conditions imposed by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a manufacturing
process such as brick, tile manufacturing plants, asphalt and cement batch plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly explosive or toxic
gases. The storage of such gases for use in a production process or of an industry, business, or health
care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous materials as
defined in the Fire Code.
5. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the 1-2 General Industrial District is to allow mixed land
uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use and maximum density permitted.
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic mteries prevents the conflict of traffic and
pedestrian movement since the General Business District is characterized by a minimum of pedestrian flow.
The B-4 General Business Districts have been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
providing in this Ordinance:
I. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
3
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:
a. The curb for ingress and egress to a service station shall not be permitted at such location that
will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall
be no less than twenty-five (25) feet from a street intersection (measured from the road right-
of-way) or from adjacent residential districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
c. Major automobile repair, engine and body repair, steam cleaning and undercoating may be
allowed when conducted on the site, and said uses shall be within a completely enclosed
building. The storage of wrecked automobiles on the site shall be obscured from public view.
No automobile or vehicle of any kind shall be stored in the open for a period exceeding one
(1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundry and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building
or is enclosed as not to be visible to the public from any abutting residential district or public street.
10. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Ce11ificate of Occupancy from the Department of Inspections, but provided that the minimum lot area
requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting, grinding, or
welding of parts.
I 6. Principal Use as permitted in B-2 Dish·icts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
18. Uses similar to the above Principal Uses Permitted.
SECTION 1301: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
4
Planning Commission. A site plan shall not be required when there is no change to buildings or existing
facilities.
I. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational
vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the
intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land being only
permitted in the I-1 or I-2 Industrial Districts.
2. Flea markets and auctions.
3. Business in the character ofa drive-in restaurant or open front store, subject to the following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any existing or
proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty ( 60) feet from the intersection of any
two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
activities subject to the following:
a. Amusement parks or amusement facilities must be fenced on all sides with a four foot six
inch (4'-6") high wall or fence.
b. Adequate parking shall be provided off the road right-of-way and shall be fenced with a four
foot six inch (4'-6") high wall or fence where adjacent to the use.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major thoroughfares and shall
not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street waiting space.
No vehicle shall be permitted to wait or stand within a dedicated road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for
residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed
provided front, side, and rear yards are increased above the minimum requirements by one (1)
foot for each foot of building that exceeds the maximum height allowed.
8. Commercial Kennels.
5
9. Mini Storage (warehouse facilities); (amended I 0/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (I) parking space shall be provided for each twenty (20) rental units within the
buildings, and one (I) parking space shall be provided for each employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet for internal
access drives. Traffic direction and parking shall be designated by signaling or
painting.
d. The lot area used for parking and access shall be provided with a pennanent,
durable, dustless surface and shall be graded and drained so as to dispose of all
surface water.
e. All lighting shall conform to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas adjacent to
any residential zone or use.
g. Retail, wholesale, fabrication) manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery or pick-up
of goods in truck in excess of one and one-half ( 1.5) ton rated capacity shall be
permitted.
i. All storage shall be within the enclosed building area. There shall be no outside
storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at the
facility. Signs shall be posted at the facility describing such limitations.
I0. Accessory uses and accessory buildings customarily incidental to the above Special Land Uses
Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (I) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural guidelines of Section
210 I. The intent of Planned Unit Developments in the B-4 General Business Districts is to allow mixed land
uses, which are compatible to each other, while prohibiting nonresidential uses which would not be compatible
or harmonious with residential dwellings or permitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS
See A1ticle XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use, and maximum density permitted.
6
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. 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 which 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.
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
Commission Meeting Date: March 28, 2000
Date: March 17, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developme~
RE: Rezoning request for property located on Holbrook Ave.,
between Sixth and Commerce Streets
SUMMARY OF REQUEST:
Request to rezone property located on Holbrook Ave., between Sixth and Commerce
Streets, from 1-2, General Industrial to B-2, Convenience and Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request due to compliance with the future land use
map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request on 3/15/00.
3/17/2000
~
City of Muskegon
Planning Conmission
Case #2000-9
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2019
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from 1-2 "General Industrial," to B-2 "Convenience and Comparison Business"
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 1-2 "General Industrial," to B-2 "Convenience and Comparison Business":
ERWIN & KEATINGS ADDITION LOTS 3 & 4 & 5 & 6 BLK 18 ALSO VACATED ALLEY
LYING BETWEEN SD LOTS
This ordinance adopted:
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd , Sieradzki
Nayes:_N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date:.___A_,p_r_i_l_1_1,___2_0_00_ __
Effective Date: ___Apr i__
1 29,
,_ ____
.,__2000
First Reading: _ _---'-M-'a-"'-r-'-c-'-"-h_2=8'--'-----=2-"-00-'--0'------
Second Reading:_ _A_,p_r_i_l_11_,___2_0_00_ _ _ __
CITY OF ~SK.EGON. ) ,
By: ~ Q_L~]sw
Gail A Kundinger, City Clerk
3/17/00 2
CERTIFICAIB
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 11 'th day of
April , 2000, at which meeting a quorum was present and remained throughout, and that the original of said
ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was conducted
and public notice was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as required
thereby. /
DATED: April 11 2000. ~ o..J__, --k,,_._._.k,.... ~
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
3/17/00 3
FAX COVER SHEET
CITY OF MUSKEGON CLERK'S OFFICE
933 TERRACE STREET
POBOX536
MUSKEGON Ml 49443
'
(,(13/) 724-6705
(6<31) 724-4178
SEND TO
Company name
Office /ocaffon Office. location
Fax number Phone number
0 Urgent • Reply ASAP. 0 Plea;~ comment O P/~ase review O For your informa"tion
Total pages, including cover.·
,IJ fl . ;vJJ'J
0
1~~
.y-J/-c_,C/,
~ I
~Ji
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2019
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from 1-2 "General Industrial," to B-2 "Convenience and Comparison Business"
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
desc1ibed property from I-2 "General Industrial," to B-2 "Convenience and Comparison Business":
ERWIN & !<-EATINGS ADDITION LOTS 3 & 4 & 5 & 6 BLK 18 ALSO VACATED ALLEY
LYING BETWEEN SD LOTS
This ordinance adopted:
Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nayes:_N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: ___A~p_r_i_l_1_1~•_2_0_0_0_ _
Effective Date: _ _ _Apc._r_i'---l----=2-'--9-'--,---'2=--'0'---0-"0_ _
First Reading: _ _ _M~a_r_c~h_2_8~_2_0_00_ _ _ __
Second Reading: _ _A~p_r_i_l_11_,~2_0_0_0_ _ _ __
CITY OF MUSKEGON
By: _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
3/17/00 2
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
March 15, 2000
Hearing; Case 2000-9: Reqnest to rezone property located on Holbrook Ave. (between
Sixth and Commerce Streets) from 1-2, General lndnstrial to B-2, Convenience and
Comparison Business, by the Muskegon Housing Commission.
BACKGROUND
Applicant: Muskegon Housing Commission (McKinley Copeland)
Address/Location of Subject Property: Holbrook Ave., between Sixth & Commerce Streets
Use: Vacant
Current Zoning: I-2, General Indush·ial
Proposed Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
I. This case was before the Planning Commission for a B-4 designation and was denied
with the staff suggestion it come through again with a B-2 rezoning request.
2. The current Muskegon Housing Commission property, to the north of the subject
property, was rezoned to B-4 in 1995. The Housing Commission believed that all of the
property associated with their purchase of the Muskegon Piston Ring property was
included in the rezoning, but staff research showed that only the block nmih of Alpha
Ave. was included. Therefore, the subject property remains zoned as I-2.
3. The Muskegon Housing Commission wishes to construct a 4-stall garage on the property,
which is not allowed under the current I-2 zoning, since it would be an accessory use to a
business use and should be similarly zoned.
4. A downzoning of the property seems appropriate. The B-2 zoning district would also
allow the intended use, but allows less intensive uses in general than the B-4 district
would allow.
5. The Future Land Use Map shows the subject property, as well as the current Muskegon
Housing Commission property, as residential. This downzoning gets the prope1iy closer
to what the plan suggests we should move toward.
6. The Master Land Use Plan states:
• The southerly portion of the (sub)area is devoted to industrial development ... The
industrial area possesses several former industrial sites.
• Buffers between residential and industrial development are virtually non-existent.
• The small enclave o_fhousing within the vicinity ofEast Hackley Avenue and Park
Street is isolated by industrial and commercial development. The suitability, and
long term survival, ofresidential development in this location is questionable.
7. The Master Plan recommends for this sub-area:
• Redevelop that portion of the sub-area located south and east o_f the industrial sector
from residential to industrial.
• Implement, through zoning, buffer requirements to mitigate compatibility impacts
between residential and non-residential uses.
• Focus "brownfield" redevelopment efforts on the former industrial land
ORDINANCE EXCERPTS
ARTICLE XV - 1-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The 1-2 General Industrial Districts are established primarily for manufacturing, assembling, and fabrication
activities including large scale or specialized industrial operations whose external physical effects may be felt to
some degree by surrounding districts. The 1-2 District is so structured as to permit, in addition to I-1 Light
Industrial District uses, the manufacturing, processing and compounding of semifinished or finished products
from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an 1-2 General Industrial District, buildings and land may be used for one (I) or more of the following
specified uses, unless otherwise provided in this Article.
I. Any Principal Use Permitted in the 1-1 District, subject to the requirements of this District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys, rolling and
extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous materials as
defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Uses similar to the above principal uses.
9. Non-accessory signs provided that the signs conform to Section 2308(1) of this Code.
SECTION 1501: SPECIAL LAND USES PERMITTED
2
The following uses, and their accessory buildings and accessory uses, shall be permitted as a special land use if
it is found to meet the standards outlined in Section 2332 of this Ordinance, subject to applicable conditions
imposed by Ordinance or other reasonable conditions imposed by the Planning Commission:
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a manufacturing
process such as brick, tile manufacturing plants, asphalt and cement batch plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acelylene, natural gas, and oxygen or other highly explosive or toxic
gases. The storage of such gases for use in a production process or of an industry, business, or health
care facility shall not be considered bulk storage.
4. Chemical plants whose manufactming process produce products which are hazardous materials as
defined in the Fire Code.
5. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS
Platmed developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the 1-2 General Industrial Disa·ict is to allow mixed land
uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use and maximum density permitted.
ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS
PREAMBLE
The B-2 Convenience and Comparison Business Districts are designed for the convenience and community
shopping needs of residents in the Muskegon Area, and they are intended to be located in planned groups near
the intersection of major thoroughfares. All business establishments shall be retail or service establishments
dealing directly with consumers, and all goods produced on the premises shall be sold at retail on the premises
where produced. All business, servicing or processing, except off-street parking or loading, shall be conducted
within a completely enclosed building, unless otherwise provided by this Ordinance and specifically approved
by the City.
SECTION 1100: PRINCIPAL USES PERMITTED
In a 8-2 Convenience and Comparison Business District no building or land shall be used and no building shall
be erected, structurally altered, or occupied except for one (1) or more of the following specified uses, unless
otherwise provided for in this Ordinance:
1. Any generally recognized retail business which supplies commodities such as: groceries, meats, dairy
products, baked goods or other foods, drugs, drygoods, and notions or hardware.
2. Personal service establishments such as: shoe repair, dry cleaning shops, tailor shops, beauty parlors,
barber shops, banks and savings and loan offices, pharmacist and laboratories, or any service
establishment of an office-showroom or workshop nature of an electrician, decorator, dressmaker,
3
tailor, shoemaker, baker, printer, upholsterer, appliance repair, photographic reproduction, and similar
establishments that require a retail character no more objectionable than the aforementioned.
3. Restaurants, or other places serving food.
4. Professional offices of doctors, lawyers, dentists, chiropractors, architects, engineers, accountants, and
similar or allied professions. Offices may be permitted for similar or allied professions. Offices may
be permitted for applied technology, light technological research, research and development facilities
with laboratories, but no industrially oriented production facilities shall be permitted.
5. Office buildings for any of the following types of occupations: executive, administrative and
professional.
6. Post offices and other governmental office buildings.
7. Newspaper offices and printing offices.
8. Private clubs, lodge halls, social, and similar organizations, including assembly or rental halls.
9. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, but provided that the minimum lot area
requirements of the RM-2 District are met.
I 0. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
11. Uses similar to the above Principal Uses Permitted.
SECTION 1101: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission. A site plan shall not be required when no external changes are made to the buildings or
prope1ties.
I. Automobile service stations for the sale of gasoline, oil) tires, muffler tune up, not including major
repair such as engine rebuilding, undercoating, and similar industrially oriented activities, and subject
further to the following:
a. The curb cuts for ingress and egress to a service station shall not be permitted at such
locations that will tend to create traffic hazards in the streets immediately adjacent thereto.
Entrances shall be no less than twenty-five (25) feet from a street intersection (measured from
the roadway) or from adjacent residential property, and subject to other ordinances of the
City.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
c. There shall be provided, on those sides abutting or adjacent to a residential district, a four foot
(4') completely obscuring wall or fence. The height of the wall or fence shall be measured
from the surface of the ground.
d. All lighting shall be shielded from adjacent residential districts and from abutting streets.
e. All rest rooms doors shall be shielded from adjoining residential property.
4
2. Banks with drive-in facilities, when said drive-in facilities are incidental to the principal function.
3. Business in the character of a drive-in restaurant, or open front store, subject to the following:
a. A setback of at least sixty (60) feet shall be provided from the street right-of-way line of any
existing or proposed major thoroughfare.
b. Ingress and egress points shall be located at least sixty (60) feet from the intersection of any
two (2) streets
4. Churches and other facilities normally incidental thereto subject to the following conditions:
a. The site shall be so located as to provide for ingress and egress from said site directly onto a
major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties zoned for
residential use not less than thi1ty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100 may be allowed
provided front) side, and rear yards are increased above the minimum requirements by one ( l)
foot for each foot of buildings that exceeds the maximum height allowed.
5. Hotels, motels, sleeping inns and other facilities normally incidental thereto subject to the following
conditions:
a. The maximum length of stay at the facility shall not be greater than fourteen (I 4) consecutive
days.
b. Kitchen facilities may be allowed for some or all of the guest units, at the discretion of the
Planning Commission, provided that not more than fifty percent (50%) of the units have such
facilities.
c. The minimum floor area of each guest unit shall contain not less than two-hundred (200)
square feet. Each guest unit shall contain a private rest room.
d. The minimum lot area shall be one-half (1/2) acre with a minimum width of seventy-five (75)
feet. For any new development containing less than one (I) acre there shall be at least sixteen
hundred (I 600) square feet of lot for each guest rental unit. In no case is a development to
exceed 24 total units.
e. Parking shall be provided on-site.
f. The Planning Commission may require a common open space area of one hundred (100)
square feet per unit with tables and seating. This area may be located in the required setback.
6. Accessory buildings and accessory uses customarily incidental to any of the above Special Land Uses
Permitted.
7. Uses similar to the above Special Land Uses Permitted.
8. Self-serve, coin operated, automobile car wash, enclosed in a building.
SECTION I I 02: PLANNED UNIT DEVELOPMENTS
5
Planned developments may be allowed by the Planning Commission under the procedural guidelines of Section
2101. The intent of Planned Unit Developments in the B-2 Convenience and Comparison Business Districts is
to allow mixed land uses which are compatible to each other, while prohibiting nonresidential uses which
would not be compatible or harmonious with residential dwellings.
SECTION 1103: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use, and maximum density permitted.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. 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 which 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.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding prope1iy.
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.
6
Commission meeting 3/28/00
Date: March 22, 2000
To: Honorable Mayor and City Commissioners
From: Community Relation Committee
Ken James
Re: Appointments & Resolutions
Summary ofRequest:
To concur with the action of the Community Relation Committee and
approve the following appointments.
Financial Impact:
NONE
Budget Action Required:
NONE
Staff Recommendation:
APPROVAL
DDA/Brownfield:
Accept the resignation of Bruce Bytwerk
Appoint Michael Balzic to the vacancy created by Bruce Bytwerk
Resolutions:
The Community Relation Committee Approved to honor Mr. John Noling of
Muskegon High School with a Resolution (Date of presentation to be determined)
AGENDA ITEM NO. _ _ __
CITY COMMISSION MEETING _ _ _ _ __
TO: Honorable Mayor and City Connnission
FROM: Department of Public Works
DATE: April 5, 2000
SUBJECT: Aggregates, Highway Maintenance Materials and Concrete
SUMMARY OF REQUEST:
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc.
Award bid to supply 20AA and 31 A bituminous asphalt to Asphalt Paving, Inc.
Award bid to supply polymer modified anionic asphalt emulsion to Koch Materials Company.
Award bid to supply sylvax-patching material to Rieth-Riley Constrnction Company.
Award bid to supply limestone chip blend to Stoneco Muskegon Dock.
Award bid to supply road slag to Verplank Trucking Company.
Award bid to supply concrete to Consumers Concrete.
FINANCIAL IMPACT:
$106,776 based on 1999 usage at 2000 quotes.
BUDGET ACTION REQUIRED:
None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
To award the various materials to the vendors as requested.
COMMITTEE RECOMMENDATION:
Affinnati\'c Actio n
23 1/724-6703
FAX/722- 12 14
Assl'Sso r
23 I /724-670R
FA X/726-518 1
Cl'IIICll,.f)'
23 1/724-6783
FAX/726-56 I 7
( ' ivil Sl!r ricr
23 1/724-67 1(,
FAX/724-4055 West Michigan's Shm'Cllne City
C ieri,
2J I /724-67115
FAX/724-41 78
To: The City Commission Through The City Manager
From: Robe1i H. Kuhn, Public Works Director
C omm. & Neig h.
Scr \'icts Date: April 5, 2000
23 1/724- 67 17 Subject: Aggregates, Highway Maintenance Materials, and Concrete
FAX/726-2501
E11gi11l'l"ri11g
23 I /724- 6707
F...\X/727-6904 The following bids were received as the result of adve1iisement in The Chronicle and
Fi l lil U Cl'
solicitation from vendors. It is recommended that the vendor denoted by bold print
23 1/724-6713 supply the Depaiiment of Public Works with product as needed in 2000. Moneys have
Fi\ X/724-6768
been appropriated for these purchases.
Fi1·c Dc1H.
23 1/724-6792
F1\ X/724-/,985 32,500 gallons Calcium Chloride 38% (road brine) ($0.31 in 1999)
l ncunu.• Tax
Liquid Dustlayer, Inc. $0.34 per gallon, spread
231/724-6770
FA X/724-6768
5,000 gallons Calcium Chloride 32% (winter salting) ($0.25 in 1999)
Info. Sys tr111s
2J 1/724-6744
Liquid Dustlayer Inc. $0.28 per gallon, stored
FAX/722-4311 I
Ll'i~Llrl' Sl'n 'icc
200 ton Bituminous Asphalt 4:12, 20AA MDOT spec ($26.50 in 1999)
23 1/724-6704 Asphalt Paving, Inc. $33.65 per ton
F,\X/724- 11 %
l\ l a11agc r 1s O ffice 1,000 ton Bituminous Asphalt 4:12. 31A MDOT spec ($27.50 in 1999)
23 1/72 4-6724
FAX/722- 12 14 Asphalt Paving, Inc. $33.65 per ton
~ la yor's Office
23 1/72 4-6701 7,500 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
FAX/722- 12 14
8.16.04 MDOT spec ($0.870 in 1999)
Neigh. 1..'v. C onst. Koch $0.99 per gallon, pick up Grand Rapids
Sl'l'\'iCCS
23 1/724-67 15
FAX/721,-2501
500 ton Sylvax Patching Material, ASTM spec C-136-#9 ($59.00 in 1999)
l' l;tn11i11g/Z1t11i11g Rieth-Riley Construction Co. $59.00 per ton, delivered
2J 1/724-6702
FAX/72 4-6790 Asphalt Paving, Inc. $60.55 per ton, delivered
Po lin.~Dept.
23 1/724-6750 500 ton Hl & H2 Limestone Chip Blend ($11 .40 in 1999)
FA X/722-5 I 40
Stoneco Muskegon Dock $9.65 per ton, delivered
Puhlic \\lu r ks
23 I /724-4100
FAX/722-41 RR 9,000 ton Road Slag 22-A Natural ($8.50 in 1999)
Verplank Trucking Co. $8.15 per ton, delivered
·1·r l',1s urc r
23 I /724-6 720 Stoneco Muskegon Dock $8.45 per ton, delivered
FAX/724-6768
Meekhofs Lakeside Dock $8.95 per ton, delivered
Water Billing Dept.
23 1/7H-67 1R
FAX/724-6768
Concrete mix as needed (7 Sack Mix $69.35 in 1999)
Consumers Concrete $71.73 per cubic yard, 7 Sack Mix, delivered
\\l ate r fillra lio n
23 1/724-4 106 P01i City Redi-Mix $73.50 per cubic yard, 7 Sack Mix, delivered
FAX/755-5290 High Grade Concrete Prod. $82.20 per cubic yard, 7 Sack Mix, delivered
Department of Public Works, 1350 E. Keat in g, M uskegon, Ml 49442
Purchases on 1999 Bid - Aggregates, Highway Maintenance Materials and Concrete
Calcium Chloride 38% (road brine)
47,805 gal X $0.31 = $14,820
Calcium Chloride 32% (winter salting)
0 gal X $0.25
Bituminous Asphalt 4: 12, 20AA MDOT spec
200 ton X $26.50 = $5,300
Bituminous Asphalt 4: 12, 3 lA MDOT spec
1175 ton X $27.50 = $32,313
Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion) 8.16.04 MDOT spec
5614.29 gal x $0.870 = $4,884
Sylvax Patching Material, ASTM spec C-136-#9
52.06 ton X $59.00 = $3,072
HI & H2 Limestone Chip Blend
194.1 ton X $11.40 = $2,213
Road Slag 22-A Natural
4106.75 ton X $8.50 = $34,907
Concrete Mix (various densities utilized; 7 Sack Mix predominate)
289 cubic yards X $69.35 = $20,042
(a:2000CommLtr)
AGENDA Item No. _ _ __
CITY COMMISSION MEETING - April 11, 2000
TO: Honorable Mayor and City Commission
FROM: Robert Kuhn, DPW Director
DATE: April 3, 2000
SUBJECT: Public Service Building Roof Repair Project
SUMMARY OF REQUEST:
This project is to repair a portion of the Public Service Building roof that has deteriorated due to
corrosion of the steel deck. Repairs will involve an initial area of known deterioration in the
vehicle garage and expand to adjacent areas should additional deterioration be found during
construction. The initial area was bid as a base price with unit pricing for additional materials if
needed.
Bids were taken on March 14, 2000 for this project and the low bid of three submitted was
$274,350 from Gale Roofing Co. The complete bid tabulation is attached. Our architect,
Hooker/Delong, has reviewed the bid submittals and recommends that we accept the bid from
Gale Roofing Co.
FINANCIAL IMPACT:
The current budget allocation for roofrepair is $319,000.
BUDGET ACTION REQUIRED:
None, this project is included under planned capital improvements in the Public Service Building
Fund.
STAFF RECOMMENDATION:
Award the roof repair contract to Gale Roofing, Co.
C:\WINDOWS\TEMP\PSB Roof Repair Agenda Item.doc
City of Muskegon DPW
Roof Repair and Renovation Bid Tabulation
March 14, 2000
Bidder Name Base Price Decking Unit Decking Unit Purlin Unit
Price/sa.ft. Credit/sa.ft. Price/each
Gale Roofing Co. $274,350 1.78 1.78 140.00
East Muskegon Roofing & $299,235 1.70 1.35 158.00
Sheet Metal
Ostrander Siding & Roofing $388,343 4.00 3.00 260.00
C:\WINDOWS\TEMP\PSB RoofRcpair Agenda Item.doc
Memorandwn
March 28, 2000
To: Robert Kuhn, DPW Director
From: Bob Fountain, Special Operations Supervisor
Subject: Public Service Building Repairs
I have enclosed an agenda item for the repair of the Public Service Building. As you recall we
have developed a capital improvement plan with the assistance of Hooker/DeJong Architects for
renovation of the Public Service Building this year. The roof repair is a major part of this project.
Brief History of the Public Service Building (PSB)
The PSB was built in 1970 and has about 100,000 square feet of vehicle parking, shops and
offices. It is a standard steel building that still uses a 1970-era radiant heating system for the
parking garage. Over the years the steel roof deck has rusted in the area where plow trucks are
parked. In 1984-6 the building was re-roofed and at that time small patches were made on the
roof deck where co1Toded deck areas collapsed.
In 1995 we commissioned Hooker/DeJong Architects to evaluate the PSB for repairs and capital
improvements that would extend the life span and increase the efficient use of the building. Their
report listed a number ofrenovations that should be made. Among these was repair of the roof
deck. In 1997 we bid out this project but found that we did not have sufficient funding at the time
to commission the project. However, we were able to carry out two other projects, re-painting the
exterior of the building (1998) and re-paving the parking lot (1997). This year we also plan to
modernize office areas in the building to increase efficiency and to install energy-efficient
heating in the parking garage.
C:\WINDOWS\TEMP\PSB Roof Repair Agenda Item.doc
Date: April 11, 2000
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Reimbursement Resolution for Sidewalks and PSB Improvements
SUMMARY OF REQUEST: Later this year it is expected the City will sell bonds to
finance sidewalks and improvements at the Public Service Building. Contracts for the work
will be let prior to the issuance of bonds so it is necessary to adopt the attached
"reimbursement resolution". This will allow the City to reimburse itself from bond proceeds for
project costs incurred prior to the time bonds are sold.
FINANCIAL IMPACT: Adoption will permit the City to move ahead with the planned
projects and reimburse itself from proceeds from bonds issued at a later date.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the attached resolution.
9/18197
Founded in 1852 MIC IIIGAN : Ann Arbor
by Sidney Davy Miller
Sidney T. Miller ( 1864-1940)
MILLER Detroit• Grand Rapids
Howell • Kalamazoo
Lansing• Monroe• Troy
George L. Canfield ( 1866-1928)
Lewis H. Paddock (1866-1935)
Ferris D. Stone ( 1882-1945)
CANFIELD New York, N.Y .
Washington, D.C.
!'OLAND: Gdynia
MILLER, CANl'IELD, PADDOCK AND STONE, P.L.C.
Katowice • Warsaw
150 West Jefferson, Suite 2500 AFflLIA TED OFFICE:
JOELL. PIELL Detroit, Michigan 48226 Pensacola, FL
TEL: (313) 496-7518 TEL: (313) 963-6420
FAX: (313) 496-8450 FAX: (3 13) 496-7500
E-MAIL: [email protected]
www.millercanfield.com
March 28, 2000
Timothy J. Paul RECE~VE~D
Finance Director CITY OF MUSKEGON
City of Muskegon
933 Terrace St. MAR 3 0 2000
PO Box 536
Muskegon, MI 49443-0536 FINANCE DEPT.
Dear Tim:
Please find herewith enclosed a form of reimbursement resolution which should
serve for both of the City's proposed projects. I would ask you to review same and if it
meets with your approval, submit same to the City Commission for its consideration.
After adoption, I would ask that you return a certified copy of the resolution to me.
Should you have any questions concerning this or if I may be of other assistance,
please advise.
Enclosure
cc: Mr. Warren M. Creamer, III
DELIB:2143433.1 \099999-20 I00
2000-41(m)
REIMBURSEMENT RESOLUTION
City of Muskegon
County of Muskegon, State of Michigan
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan held on the 11th day of April , 2000, at 5:30 o'clock p.m.
Eastern Daylight Savings Time.
PRESENT: Members Nielsen, Sieradzki, Aslakson, Benedict, Schweifler,
Shepherd, and Spataro
ABSENT: Members - -
None
'=-"------------------------
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The following preamble and resolution were offered by Member --'S~c~hw~e~1~·f~l~er~-~
~- and supported by Member __S~p~a~t~ar~o~-----
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WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the "City")
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intends to issue or and sell bonds or cause to be issued and sold bonds, in one or more series, in
amounts not to exceed Three Million Dollars ($3,000,000) for the purpose of paying part of the
~ cost of acquiring and constructing various street and building improvements (the "Projects");
! and
WHEREAS, the City intends, at this time to state its intentions to be reimbursed from
proceeds of the bonds for any expenditures undertaken by the City for the Projects prior to
issuance of the bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg.§ 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
(a) As of the date hereof, the City reasonably expects to reimburse itself for the
expenditures described in (b) below with proceeds of debt to be incurred by the City.
(b) The expenditures described in this paragraph (b) are for the costs of
acquiring and constructing the Projects together with appurtenances and attachments
thereto to serve the City which were or will be paid subsequent to six months prior to the
date hereof.
(c) The maximum principal amount of debt expected to be issued for the
Project, including issuance costs, is $3,000,000.
(d) A reimbursement allocation of the expenditures described in (b) above with
the proceeds of the borrowing described herein will occur not later than 18 months after
the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is
placed in service or abandoned, but in no event more than three (3) years after the
original expenditure is paid. A reimbursement allocation is an allocation in writing that
evidences the City's use of the proceeds of the debt to be issued for the Project to
reimburse the City for a capital expenditure made pursuant to this Resolution.
(e) The expenditures described in (b) above are "capital expenditures" as
defined in Treas. Reg. § 1.150-l(b), which are any costs of a type which are properly
chargeable to a capital account (or would be so chargeable with a proper election or with
the application of the definition of placed in service under Treas. Reg. § 1.150-2(c))
under general Federal income tax principles (as determined at the time the expenditure is
paid).
(f) No proceeds of the borrowing paid to the City in reimbursement pursuant to
this Resolution will be used in a manner described in Treas. Reg. § 1. l 50-2(b) with
respect to abusive uses of such proceeds, including, but not limited to, using funds
corresponding to the proceeds of the borrowing in a manner that results in the creation of
replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the
reimbursement allocation described in (d) above.
(g) Expenditures for the Project to be reimbursed for the proceeds of the
borrowing for purposes of this Resolution do not include costs for the issuance of the
debt or an amount not in excess of the lesser of $100,000 or 5 percent of the proceeds of
the borrowing, or preliminary expenditure not exceeding twenty (20) percent of the issue
price of the borrowing, within the meaning of Treas. Reg. § l.150-2(f) (such preliminary
expenditures include architectural, engineering, surveying, soil testing and similar costs
incurred prior to construction of the Project, but do not include land acquisition, site
preparation, and similar costs incident to commencement of construction).
2. 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 Spataro, Aslakson, Benedict, Nielsen, Schweifler,
Shepherd, Sieradzki
NAYS: ·Members None
-2-
RESOLUTION DECLARED ADOPTED. / .
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City Clerk
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I hereby certify that the foregoing is a hue 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 Apri J u_, 2000, 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, and that the minutes of said meeting were
kept and will be or have been made available as required by said Act.
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DELIB:2143280.1\000000-00000
-3-
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055 West Michigan's Shoreline City
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services April 13, 2000
616/724-6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Mr. Joel Piell
Finance Miller, Canfield, Paddock and
616/724-6713 Stone, P.L.C.
FAX/724-6768
150 W. Jefferson, Suite 2500
Fire Dept.
616/724-6792
Detroit, MI 48226
FAX1724-6985
Income Tax
Dear Mr. Piell:
616/724-6770
FAX/724-6768
Enclosed is the resolution that the City Commission adopted at their April 11,
Info. Systems 2000, meeting. If you have any questions, please call me at (231) 724-6705.
616/724-6706
~AX/722-4301
Thank you,
Leisure Service
616/724-6704
FAX/724-1196
Manager's Office
616/724-6724
FAX/722-1214
Linda Potter
Deputy City Clerk
Mayor's Office
616/724-6701
FAX/722-1214 Enc.
Neigh. & Const.
Services
616/724-6715
FAX/726-2501
Planning/Zoning
616/724-6702
FAX/724-6790
Police DeJ)t.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
F AX/724-6768
Water Billing Dept,
616/724-6718
FAX/724-6768
Water Filtration
6]6/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, 11'.0. Box 536, Muskegon, Ml 49443-0536
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller
Sidney T. Miller ( 1864-1940)
MILLER Detroit • Grand Rapids
Howell• Kalamazoo
Lansing • Monroe • Troy
George L. Canfield ( 1866-1928)
Lewis H. Paddock ( 1866-1935)
Ferris D. Stone (1882-1945)
CANFIELD New York, N.Y.
Washington, D.C.
POLAN D: Gdynia
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Katowice • Warsaw
150 West Jefferson, Suite 2500 Al'FILIATED OFFICE:
JOELL. PIELL Detroit, Michigan 48226 Pensacola, FL
TEL: (313) 496-7518 TEL: (313) 963-6420
FAX: (313) 496-8450 FAX: (313) 496-7500
E-MAIL: [email protected]
www.millercanfield.com
April 18, 2000
Ms. Linda Potter
Deputy Clerk
City of Muskegon
933 Tenace St
PO Box 536
Muskegon, MI 49443-0536
Dear Ms. Potter:
th
Thank you for your mailing of the City Commission resolution of April 11
concerning reimbursement of bond proceeds.
Very truly yours,
MILLER, C FIE D, PADDOCK AND STONE, P.L.C.
cc: Mr. Timothy J. Paul
DELLB:2 148522. 1\099999-20 100
Date: April 5, 2000
To: Honorable Mayor and City Commission
From: City Attorney
RE: Consent Judgement - Dangerous Building
603 Catherine
SUMMARY OF REQUEST: To approve the Consent Judgement for 603
Catherine as submitted by the City Attorney. This is required before the
judgement will be presented to the court for entry.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
COMMITTEE RECOMMENDATION:
law offices of PARMENTER O'TOO L E
17 5 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1 621 • Fox 231.722.7866 or 728.2206
April 3, 2000
Ms. Gail Kundinger
City Clerk
City of Muskegon Re: Agenda item for 4/ 11
Dangerous Building 603 Catherine
Dear Gail,
I am enclosing a proposed consent judgment to end the appeal by Atlantic Mortgage Co. of the
Commission's order to tear down this building. Bob Grabinski has reviewed, and we believe this
to be a proper disposition of this case. It gives them time to file a demolition check, take out
permits, and complete the rehab, and if they do not, gives us the power to tear down without any
further court involvement.
G. Thomas Johnson John C. Schrier Jomes R. Scheuerle OJC01111se/ Retiml Paul T. Sorensen
George D. Von Epps Christopher L. Kelly Keith L. McEvoy 1920-1966
Thomas J. O'Toole Robert L. Forsythe
John M. Briggs, 111 Lindo S. Koare Anna K. Urick Eric J. Fouri Arthur M. Rude George A Parmenter
Michael L. Rolf Philip M. Steffan Scott R. Sewick 1903-1993
Harold M. Street Cyrus M. Poppen
George W. Johnson William J. Meier Jennifer L. Hylland
1903-1996
W. Brod Groom Jeffery A Jacobson
H:\UB\EOSl\00100\14<1614\LTR\COMMAPP.LTR
STATE OF MICHIGAN
MUSKEGON COUNTY - 14TH CIRCUIT COURT
ATLANTIC MORTGAGE AND
INVESTMENT CO.
Plaintiff, Case No. 00 -39226-CH
Hon. Timothy G. Hicks
V
CITY OF MUSKEGON,
Defendant.
Jeffrey Raff(P55761)
TROTT & TROTT, P.C.
Attorney for Plaintiff
30150 Telegraph Rd., Ste. 100
Bingham Farms, MI 48025
Phone: (248) 642-2515
G. Thomas Johnson (P15523)
PARMENTER O'TOOLE
Attorneys for Defendant
175 W. Apple Ave., P.O. Box 786
Muskegon, MI 4943-0786
Phone: (231) 722-1621
CONSENT JUDGMENT
At a session of said Court held in the City of Muskegon, Muskegon
County, Michigan, on the _ _ day of _ _ _ _ _ __, 2000.
PRESENT: HONORABLE TIMOTHY G. HICKS, CIRCUIT JUDGE
The parties, having consented to this judgment representing the parties' agreement for
rehabilitation of the house on the premises; and, further, providing for said rehabilitation to occur
in the event the city commission of the City of Muskegon agrees to allow same; and, this Court
H:\LIB\EDSl\00100\144614\PLDG\CONST.JDG 1
having further been notified that the City Commission has agreed to allow the rehabilitation; and,
the parties having in said order agreed to the entry of this Consent Judgment; and the Court being
fully advised in the premises;
IT IS HEREBY ORDERED AND ADJUDGED, that the City of Muskegon may
demolish the improvements on the property in this case in the event Plaintiff, or persons in
concert with the Plaintiff, fail to rehabilitate the property in accordance with this judgment.
THEREFORE, IT IS FURTHER ORDERED AND ADJUDGED, that to avoid
demolition of the improvements, Plaintiff shall perform as follows:
I. Plaintiff shall complete all needed repairs and demolitions, more specifically
("Cnmplelinn
("Permit Date")
Da•'l All ncc~~'Y shall be u,krn o.Sl'S~or
016,72-1-6708
Cemelery
6 I 6i72-t-6783
CMI Service West Mlcblflan's SboreUne City
616172-1-6716
MUSKEGON HOUSING BOARD OF APPEALS
Clerk
6 \6/72-1-6705 DATE: February 7, 2000
CASE: 00-13 - 323 W. Grand
C. N. Services
616/72-1-6717 Pamela Warren
485 W. Carr Road
Muskegon,Mi. 49442
Engineering
616172-1-6707
FINDING OF FACTS AND ORDER
• • Finance
6\61724-6713 The following action was taken at a session of the Muskegon Housing Board of Appeals
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the February 3, 2000
Fire Dept. The Neighborhood and Construction Services Department of the City of Muskegon, having
616172-1-6792
inspected the building structure located upon the property described as Lot 21, Block 419
also known as 323 W. Grand found the conditions listed on the attached pages exist and
Income Tax
616/724-6770
that these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
The Board further found that these conditions exist to the extent of endangering life, safety
lnspcl'lions
616/724-6715
and the general welfare of the public.
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
l.t'i:-ure St.'rrin'
6 IG.'724-670--1 declared to be unsafe, substandard and a public nuisance.
\(;111;1gt•(s Orrice
It is, therefore, ordered that the owners or other interested parties take such action to repair
(i 1li, 72-Hi72--I or remove said structure, or appeal this order within 20 days of the receipt of this order.
\l•1~nr"s ornce It is further ordered that if the owners or other interested parties fail to repair or remove said
Glfi:72Hi701
structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and remove said structure.
f'lanningli'.oning
616172-1-6702
Police Dept.
6\6/72-1-6750
Public Works
6161726--1786
Treasurer
616172--1-6720
\\att'r Dept
Glli72-I-G718
City of \luskegon. 933 Terrace Street. P.O. Box 536. \luskegon. \lichigan -19-1-130536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
. ··• . ·-( , , ~
..\ffirmative Action
6t6n24-6'0J
FA:V7112-12U
-\ssessor
616nH-6708
FAxn24-4178
Cemetery
6t6n24-678J
FAxn26-S6l7
Civil Seneice
6t6n24-67t6
FAxn2U790
West Michigan's Sborellne Oty
Clerk
6t6nu-61os NOTICE AND ORDER
FAxnl4-4178
Comm, & Neigh. December 10, 1999
Seneices
6t6n24-6717
FAxn26-2SOI
Engineering
616nl4-6707
FAX/727-6904
Pamela Warren
485 W. Carr Road
Finance
616/724-6713 Muskegon,Mi.49442
FAX/724-6768
• Dear Property Owner:
Fire Dept.
616/724-6792
F AX/724-6985
Subject: 323 W. Grand
Income Tax
616/7:U-6770
Lot 21 Block 419
F..\X/724-6768
Info. Systems
The City of Muskegon Building Official has recently inspected the subject property and has
6t6n2-1-6975 found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
FAX/724-6768
Code.
Leisure Ser.ice
616/72-1--6704
FAX/7:U-6790 As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
\tanager's Office
structures within thirty (30) days.
6161724-6724
FAX/722-1214
If you elect to repair the structures, you must secure all required permits and physically
:\layor's Office commence the work within thirty (30) days from the date of this order.
616/724-6 70 I
FAX1722-1214
Should you have any questions concerning this matter, please do not hesitate to contact our
J\eigh. & Const.
Ser.ices Building Official, Jerry McIntyre at 724-6715.
616/724-6715
F AX/726-250 I
Sincerely yours,
~b~
Planning/Zoning
616/724-6702
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-St.l0
Fire Marshal/Inspection Services
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
F..\X/724-6768
Water Dept.
616n:u-611s
FAX/724-6768
Water Fillration
6161724-4\06 , .
FA\1755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
DANGEROUS BUILDING INSPECTION
323W.GRAND
11/09/99
1. Foundation walls are in need of repair - open gaps.
2. Rotting sills and rim joists.
3. Electrical wiring not installed to code.
4. Cracked roof rafters.
5. Roofing installed incorrectly, need new roof covering.
6. Open wall sections on interior walls.
7. Supports removed from roof rafters.
8. Broken windows - window frames need maintenance and repair.
9. Rotting fascia and soffit repair needed.
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 SECTI01'
4-23 OF THE MUSKEGON CITY CODE.
Ah~ qdaJt_uq .~·
HENRY ~ALTINOWSKI, BUILDG INSPECTOR (DA"rE
ld-te -99
RRENCE: MC TYRE, BUILDING OFFICIAL ' DATE
'
\ \
I
I
! CI TY OF MUSKEuUN 1N;;,r,._w, • - · ·
November 9, 1999 AT 8:33 a.m, FOR W. GRAND 323
No Cat Violation
=== === ==================================================-========~
1
NOTE: Effective June 15, 1997 no certificates of complian
will be issued until all fees and debts to the City for th
property have been paid in full,
2
NOTE: Code requires owners to notify City in writing withi
10 days of transfering ownership, Notice must include name
address and phone number of new owner. II
3
NOTE: Non owner-occupants must use licensed contractors./
most electrical, plumbing or mechanical repair work. Cal ·I
724-6758 for more information. //
4
• • • ...
,
•
NOTE: If present tenant(s) move, unit(sl may not be
reoccupied until certificate of compliance is issued.
1
'
5 I
NOTE: Code defects marked with an asterisk l*I have been/
added because the repair is incorrect or created another
violation.
6 B *BATH
Floor covering has holes, rips or is missing or is nots,
on edges.
7 *EXTERIOR - REAR LOWER ROOF
Has no flashing.
B B *EXTERIOR - UPPER REAR
Siding has holes in it or is rotted or missing.
9 A tEXTERIOR - W. SIDE
·~window sash is broken, rotted or missing.
I
10 B P,TTIC
Has wires that are not stapled up.
11 A ATTIC
Handrai 1 is missing.
12 ATTIC
Roof supports missing.
13 B ATTIC - SEVERAL
Has an open splice - must be in covered junction box.
14 B BATH
Wall covering is incomplete.
15 B BATH
Trim is broken, missing or incomplete.
16 B' BATH
Ceiling water stained.
17 · BATH
Toilet seat cover missing.
18 B BATH - TUB AREA
Wall or walls has a hole or holes or large cracks in i
19 A CELLAR
Furnace needs an inspection by a mechanical contractor
must be certified safe.
2(1 A CELLAR
Water heater· pressure and temperature valve is not pif
Movember 9, 1979 AT 8:33 a.m. FOR W, GRAND 323
No Cat Violation
=== === ------=====-----------=======~=~=J=-------=--=-------=aaa•aa.
size to within 6" of the floor.
21 B CELLAR
Doesn't have a smoke detector as required by code.
22 CELLAR
NOTE: Portions of the structure could not be inspected
completely because of the presence of personal belonging s.
23 B CELLAR
Foundation walls have missing mortar or open cracks.
24 A CELLAR
Remove combustibles away from furnace.
25 B CELLAR
Support water lines and heat ducts.
26 CELLAR
•
. . .. •.
,, ,• Check ground wire center east of HWH cannot be spliced, i
bare.
27 CELLAR - AT REAR
Floor joists are not supported.
28 B ENTRY TO ATTIC
Wall or walls has a hole or holes or large cracks in it.
29 A ENTRY TO ATTIC
Window has broken or cracked glass.
30 B EXTERIOR
Where repairs to existing roof are made, materials and c
must blend with balance of roof.
31 EXTERIOR
Service walk is not in good repair.
32 B EXTERIOR
Window screen is torn or damaged .
.2, ..::, 8 EXTERIOR
Window has glazing that is missing or deteriorated.
34 h EXTEF:IOR
House numbers are the same color as the house and are
legible. Numbers must be at least 2" in height.
35 B EXTERIOR
Has eave boards that are rotted or missing.
36 8 ~~GR - FRONT E. BEDROOM
Ceiling tile are missing or falling down.
37 A E • Mi! C:R - FRONT E. BEDROOM
Wiring to light improperly done.
38 EXTERIOR - REAR
Need permit for roofing.
39 8 EXTERIOR - REAR
Screen door screen is ripped or missing.
4(> EXTERIOR - REAR LOWER ROOF
Roofing is improperly installed.
41 8 EXTERIOR - SOME E, SASH & EAVES
Has peeling paint and is not protected from weather b~
properly applied water-resistant paint or waterproof·
42 B EXTERIOR - W. SIDE
Opening in the wall has been closed off with material
does not blend with the rest of the structure.
L, 1 I T ur nu.;;n·-.'"-_._,, T _
November 9, 1999 AT 8:33 a.m. FOR W. GRAND 323 PAc
No Cat Violation
=== === ======================================================m===••=
43 EXTERIOR NOTE:
Shingle installation should be started at the bottom edge.
44 B GENERAL
Dwelling or unit is infested with mice.
45 GENERAL
NOTE: Water must be turned on so it can be tested prior
i ssL1ance of cert if i i::ate of compliance.
46 GENERAL
NOTE: Gas must be turned on so it can be tested prior to
issuance of certificate of compliance.
47 A GENERAL
Check above all drop ceilings for wiring to fixture.
48 B f:tur·e is. b!'-ok9r·, o,,_ 1oo .. 2• -6.,SJ
F\\.. "22-4188
Ci1il Ser.ice
616 . .,24-6716
F.u.:.1724-6790 West ~Hchlgan's ShoreHne City
Clerk
6161724-6705
MUSKEGON HOUSING BOARD OF APPEALS
FAX/7:U-4178
Comm. & '.',cigh.
DATE: January 11, 2000
Scr.·ices CASE: 300-10 1721 Pine
6161724-6717
F.-\X/726-2501
Shelline White
Engineering
6161724-6707 1712 Pine
FAX/724-6790 Muskegon, Mi. 49442
Finance
616/724-6713
-F.-\-K/7U-6768
FINDING OF FACTS AND ORDER
Fire Dept.
6161724-6792
The following action was taken at a session of the Muskegon Housing Board of Appeals
F.-\X/724-6985 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on the January 6, 2000
Income Tax The Neighborhood and Construction Services Department of the City of Muskegon, having
6161724-6770 inspected the building structure located upon the property described as North lOFt of Lot
F.-\X/724-6768
17 and all of Lot 18 Blk 298 found the conditions listed on the attached pages exist and that
Info. Systems these conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
6161724-6975
F.-\X/724-6768
Leisure Ser.·ice
The Board further found that these conditions exist to the extent of endangering life, safety
6\61724-6704 and the general welfare of the public.
F.-\\/724-6790
\tanager's Office Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
616172-l-6724
F.--\\"1724-6790 declared to be unsafe, substandard and a public nuisance.
.\h~or'sOffice
616172 • -6701 It is, therefore, ordered that the owners or other interested parties take such action to repair
F.\\./724-6790
or remove said structure, or appeal this order within 20 days of the receipt of this order.
_'\eigh. & Const.
6!6.'724-6715
It is further ordered that if the owners or other interested parties fail to repair or remove said
F-\.\1724-6790 structure, or appeal this order within 20 days of the receipt of this order, the Building
Planning/Zoning Official shall take bids and remove said structure.
6161724-6702
FAX/72-1-6790
Poli..:e Dept.
6161724-6750
FAX/722-5140
Publi..: \\."orks
6161724--1100
F.·\X/722-4188
Treasurer
6161724-6720
F.\\172-1-6768
\\ aler Dept.
616:724-6718
F.-\ \.'72-1-6 768
\\ .11,•r Filtration
j,] (\ -: • -4 ltlO
r , , ·s~s:'}u Cit) of .\luskegon. 933 Terrace Street, P.O. Box 536, Muskegon, MI -19-l-13-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
CC: Jo Fe rier 1/27/00
• •
DANGEROUS BUILDING INSPECTION
10/15/99
1721PINE
RESIDENTIAL DWELLING
1. Foundation wall in need of tuck-pointing.
2. Open holes in home block wall.
3. Soffit and fascia repair needed.
4. Roof repair on eaves needed.
5. Improper entry steps and landing.
6. Home in need of paint.
7. Window frames need repair or replacement.
8. Large amounts of trash in back yard.
"'· "'· •.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE DOES MEET THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
CONCURRED IN: _ _ _ _ _ _ _ _ _ _ _ _ _ _-=---c--
JERRY MCINTYRE, BUILDING OFFICIAL
#00-09 -1129 PECK- WATERLAND DEVELOPMENT~- WESTERN
_ Robert Johnson, supported by William Anderson, e a motion to accept staff
r endation to issue Civil Infraction ticke n 1129 Peck Street seeking injunctive
relief. Ar ~ s taken:
YES: NA EXCUSED: ABSENT:
Greg Borgman
Robert Johnson
Fred Nielsen
William Anders
Randy Mac ·
JohnW
The otion carried.
<.
#00-10-1721 PINE- SHELLINE WHITE, 1712 PINE, MUSKEGON
No one attended the meeting. Bob Grabinski said that there has been no contact with the
owner. Staff recommendation is to declare the building to be substandard, unsafe, a
public nuisance and forward to the City Commission for concurrence. A motion was by
Robert Johnson, supported by Greg Borgman to declare the building substandard, unsafe,
a public nuisance and forward to the City Commission for concurrence. A roll call vote : \,
,,1
was taken: , d
'\
YES: NAYS: EXCUSED: ABSENT: , :1
!
!
1_\
'.
Greg Borgman Clint Todd I i,,1·'
Robert Johnson
Fred Nielsen
William Anderson
Randy Mackie
John Warner
The motion carried.
#0lhl.lJl.'\.-151 W. SOUTHERN -EDWARD HOUGHTALIN '75twlLSON
Ed Houghtaling attende eeting and also_JJ:at that his address was 2345 Dowd.
He said that he had the upstairs o fa tenant had trashed the downstairs. Bob
Grabinski said that we had a co mt an the housing inspector felt that it should
be declared a dangerous mg. There is no Cert1 of Compliance. It has been
revoked and the h~"•"""·as been posted. Mr. Houghtaling asKel:1-\!icllat he has to do. He
said that t undation is his concern because he said it was approve he bought
the Staff recommendation is that,the building be declared substandard, unsa , a--
7
Date: April 11, 2000
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Cflf2~
RE: Resolution of Support for the Relocation of the
USS Silversides
SUMMARY OF REQUEST: To approve the attached resolution
supporting the relocation of the USS Silversides to downtown
Muskegon.
FINANCIAL IMPACT: There is no direct financial impact, although the
Silversides Board has asked the City staff to investigate the potential for
relevant grants. They will also be fundraising.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and City Clerk to sign.
COMMITTEE RECOMMENDATION: None.
ResolutionNo. 2000-43(a)
MUSKEGON CITY COMMISSION
RESOLUTION SUPPORTING THE RELOCATION OF THE USS SILVERSIDES
SUBMARINE DOWNTOWN
WHEREAS, the Silversides Board would like to move the vessel to a downtown location
from their existing location at the Muskegon Channel; and,
WHEREAS, the Silversides Board also has an agreement with the McKee's to purchase
the L.S.T. and rehabilitate the vessel for tours and overnight events; and,
WHEREAS, the Silversides Board has an agreement with the McKees to lease space on
their property for the location of the Silversides vessel, and the rehabilitation of the
L.S.T. to the bay between the McKees prope1ty and the Grand Valley State Property, on
Muskegon Lake; and,
WHEREAS, the City of Muskegon would like to have the Silversides relocated to the
downtown area to increase the number of visitors to the site, to potentially add the L.S.T.
as another site for visitors, and to increase the general activities in the downtown area
which will have a positive effect on tourism and commerce for Muskegon;
NOW, THEREFORE, Be It Resolved that the City Commission of the City of Muskegon
supports the relocation of the Silversides and the rehabilitation of the L.S.T., to be located
in the bay between the McKee prope1ty and the Grand Valley State University property,
on Muskegon Lake,
BE IT FURTHER RESOLVED that the City Commission approves, in general, of the
plan designed by Richard.Borgeson, architect, Revision dated 2/6/2000; on the condition
that the requirements outlined by Bob Grabinski, Fire Marshall, in his letter dated 3/16/00
be adhered to; that the proper State and Local permits are obtained, and that an agreement
is reached with Grand Valley State University regarding design details.
Resolution Adopted this 11th day of April 2000.
Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sier adz ki, Spataro
Nays: None
Absent: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on April
11, 2000. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
March 16, 2000
Mr. Bob Morin
Silversides Museum
1346 Bluff Street
Muskegon Ml 49441
•
Dear Mr. Morin:
After reviewing your request and proposal for new dockage, the following list of
requirements was formed.
1. All ships must maintain USCG status as Marine Vessels.
2. A standpipe system will be required along all docks.
3. Exiting from the vessels must be reviewed and approved by this office.
4. Railings must be provided along the docks.
5. Plans and specification must be approved by the zoning administrator prior to
submittal for our approval.
6. A fire hydrant must be located within 500 feet of fire apparatus access to the
vessels. This must be usable without crossing the railroad tracks.
7. Work with Muskegon Fire Department Personnel to establish an emergency
operations policy and procedure.
8. Fire extinguishers must be located throughout the vessels and area in
compliance with applicable codes.
9. The fire suppression system on the LST must be operational.
10. Exit and emergency lights must be located throughout all vessels.
It is the intent of these requirements to maintain a reasonable amount of safety
for all persons visiting this fine attraction. If you have any questions or wish to
discuss these items, please call me at (231) 724-6765.
Sincerely,
Robert B. Grabinski
Fire Marshal
•
Memorandum
To: Honorable Mayor and City Commissioners
From: Wilmern G. Griffin
Date: 04/04/00
Re: Approval for the City to sign subreciepent agreements (contracts) with Community Housing
Development Organizations (CHDO's) for funding from 1998-99 fiscal year.
On February 29, 2000, the Citizen's District Council approved the City's administration
recommendation for CHOO funding in the following manner.
I. Muskegon County Habitat for Humanity
Staff recommendation: $33,500
2. Muskegon Family Service Center
Staff Recommendations: @ l ~ Q ~ -- (08 ,Co" 0
3. Neighborhood Investment Corp (NIC) ;;-}
Staff Recommendation: \~
4. Nelson Neighborhood Improvement ~
Staff Recommendations: $62,000
5. Trinity Village Non-Profit Housing Corp ">°° ~ o
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StaffReeommendation:
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Our department is requesting approval of the CDC recommendations and ins ruct10n from your body
to prepare the subreciepient conn·acts between the City and the CHDO's. (see attachment)
1
3. Neighborhood Investment Corporation (NIC)
Amounted requested: $75,000
Description of proposed project:
The Neighborhood Investment Corporation requested $75,000 for their Homeownership
program. The program includes assisting first-time buyers with down payment
assistance, new construction infill, homeownership education and neighborhood
development.
Staff Recommendation:
The City of Muskegon's Neighborhood and Services Department recommends $62,000
for fiscal year 98-99 funding. We are also requesting and recommending that if any
funding is awarded to NIC by the CDC and/or the City Commission, that the CHDO
supply the City with a project budget before any funding is released.
4. Nelson Neighborhood Improvement Association
AmountRequested: $171,650
Description of proposed project:
The Nelson Neighborhood Improvement Association requested $171,650 for
rehabilitation, home purchased assistance and maintenance repair for housing located in
the central core Nelson Neighborhood in Muskegon.
The Nelson Neighborhood requested $83,650 in administration cost. Under 24CFR 92.208, no
more than 5% of a pmiicipating jurisdiction fiscal year HOME funding for CHDO administrative
cost.
The Nelson Neighborhood has developed partnerships with the Michigan State Housing
Development Authority, Muskegon County Habitat for Humanity and the Neighborhood
Investment Corporation (NIC).
Staff Recommendation:
The City of Muskegon's Community and Neighborhood Services Department
recommends $87,090.
Operating/Administration $ 4,500
Single Family Rehabilitation $33,000
Rental Property Rehabilitation $49,590
Total $87,090
5. Trinity Village Non-Profit Housing Corporation
Amount Requested:
Homebnyer Club $60,337.50
Single-family Rehabilitation $72,000
Description of proposed projects:
The Trinity Village Non-Profit Housing Corporation requested dollars for two programs.
The first request is for the Homebuyer Club program. The Homebuyer Club assists
potential homeowners with an array of educational workshops that covers the areas of
money management, credit restoration, home maintenance, and real estate selection.
After completion of the workshop, down payment mortgage assistance for those
applicants that quality.
Staff Recommendation:
The City of Muskegon's Community and Neighborhood Services Dept recommends
$53,750.
Down payment Assistance $50,000
Administration $ 3,750
Total Recommended $53,750
The second request if for the Single-family rehabilitation program. The program consists
of acquisition m1d the rehabilitation of four distressed properties within the City of Muskegon.
After total rehabilitation of the properties, the renovated homes will be sold to the low-income
graduates of the Homebuyers Club.
Staff Recommendation:
The City of Muskegon's Community and Neighborhood Services Department recommends
$63,750.
Acquisition and Rehabilitation $60,000
Administration $ 3 750
Total Recommended $63,750
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND CITY COMMISSION
FROM: WILMERN G. GRJFFIN, CNS DIRECTOR
SUBJECT: 2000-2004 CONSOLIDATED PLAN
DATE: 04/05/00
All of you received a copy of the 2000-2004 Consolidated Plan last week. As you know the City
of Muskegon is in its final stage of the process since your body approved the document for public
comment on March 14, 2000.
The Consolidated Plan is mandated by the US Department of Housing and Urban Development
for all communities that receive Community Development Block Grant/HOME funding and other
federal funding through HUD.
The last step in this process is for the commission to approve the document and direct our
department to submit the CP to the U.S. Department of Housing and Urban Development for their
final approval.
~r~r~~.
CITY OF MUSKEGON
2000 - 2004 CONSOLIDATED PLAN
Submit to HUD
April 2000