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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 22, 2008
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
A. Citizen Awards. POLICE
• INTRODUCTIONS/PRESENTATION:
• CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Dehumidification Equipment Repair/Inspection. WATER FILTRATION
C. 2008 Water Treatment Chemical Bids. WATER FILTRATION
D. Contract for Mowing Services. PLANNING & ECONOMIC
DEVELOPMENT
E. Amendment to the Zoning Ordinance - B-4, General Business Districts,
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
F. Set Public Hearing for Amendments to Brownfield Plan - Betten Auto
Dealerships Project. PLANNING & ECONOMIC DEVELOPMENT
G. Approval of Contract with Nova Development Group to Partner with
CNS Office. COMMUNITY & NEIGHBORHOOD SERVICES
H. Liquor License Transfer Request for Watermark Banquet and
Conference Center, 920 Washington. CITY CLERK
I. Muskegon Summer Celebration. LEISURE SERVICES
J. City - MOOT Agreement for Intersection Improvements on US-31 BR at
Sherman and Hackley. ENGINEERING
K. Consideration of Bids for Isabella, Ambrosia to Williams (H-1633} and
Ada, Wood to Chestnut (W-695}. ENGINEERING
L. Micro-Surfacing of Lakeshore Drive between Laketon and Michigan.
ENGINEERING
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate for Alloy
Resources Corporation. PLANNING & ECONOMIC DEVELOPMENT
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Land Lease - McLaughlin Neighborhood Association. CITY MANAGER
B. Special Events Multiple Liquor License Request - Taste of Muskegon.
LEISURE SERVICES
C. Special Event Liquor License Request for Mike's Inn, June 27th thru July
5th , 2008 - Muskegon Summer Celebration. LEISURE SERVICES
D. Multiple Special Event Liquor License Request - Muskegon Bike Time.
LEISURE SERVICES
E. 2008-2009 Healthcare Renewal. FINANCE
F. Lakeshore Pathway Construction - McCracken to Collage Grove. CITY
MANAGER
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: PUBLIC SAFETY
1970 Crowley - Area 14
709 E. Apple (Garage) -Area 11
1918 Valley (Home and Garage)
o ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit !he form lo !he City Clerk.
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed l O minutes 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 TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT ANN
MARIE BECKER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 7246705 OR TDD:
(231) 724-4172.
Date: April 22, 2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the April 7th
Commission Worksession, and the April 8th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 22, 2008
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, April 22,
2008.
Mayor Warmington opened the meeting with a prayer from Pastor Jeremy
Erickson from the Central Assembly of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Steve Wisneski, Chris Carter, Lawrence Spataro, and Sue
Wierengo, City Manager Bryon Mazade, Assistant City Attorney William Meier,
and City Clerk Ann Marie Becker. Commissioner Clara Shepherd arrived at 5:35
p.m.
2008-35 HONORS AND AWARDS:
A. Citizen Awards. POLICE
Public Safety Director Tony Kleibecker recognized Blaine Emerson, Benjamin
Rostello, and Chaz McKinney for assisting in the apprehension of a bank robber.
2008-36 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the April 7th Commission
Worksession, and the April 8th Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Dehumidification Equipment Repair/Inspection. WATER FILTRATION
SUMMARY OF REQUEST: To make necessary repairs to the two dehumidifiers
located in the pipe gallery at the Water Filtration Plant and to enter into a two-
year agreement for semi-annual service inspections.
FINANCIAL IMPACT: The cost of repairs and fwo-year agreement is $20,628.20.
$12,598.20 - parts; $1,550 - labor and expenses to install parts; and $6,480 - for
fwo-year, semi-annual, inspection agreement.
BUDGET ACTION REQUIRED: No budget action is required as this work was
planned in the 2008 budget.
STAFF RECOMMENDATION: Staff recommends having the repairs and semi-
annual maintenance for the fwo dehumidifiers at the Water Filtration Plant by
the equipment manufacturer - Munters Corporation.
C. 2008 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidder
to supply sodium hypochlorite for the water filtration plant.
FINANCIAL IMPACT: Annual cost of $53,652 (based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
~nnually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bid received and enter into contract with Rowell Chemical for
sodium hypochlorite.
D. Contract for Mowing Services. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve a fwo-year contract with the Sheldon Park
Neighborhood Improvement Association for the maintenance of fwo City-
owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Authorize execution of the contract. The
responsibility for cleaning and mowing these lots would belong to the
Association rather than the City and would extend through 2009. The City's
estimated cost of $2,000 to maintain the lots over this period would then be
donated to the Association. The neighborhood has maintained the lots for
several years under similar agreements and has done a great job.
E. Amendment to the Zoning Ordinance - B-4, General Business Districts.
Special Land Uses Permitted. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 130 l (Special Land Uses
Permitted) of Article XXIII (B-4, General Business Districts) to allow an additional
special land use.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to allow an additional special land use in the B-4, General Business
zoning district.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their April l 0th meeting. The vote was unanimous with
B. Mazade absent.
F. Set Public Hearing for Amendments to Brownfield Plan - Betten Auto
Dealerships Project. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for
amendments to the City of Muskegon Brownfield Plan, and notifying taxing
jurisdictions, Michigan Department of Environmental Quality, and Michigan
Economic Growth Authority of the Brownfield Plan Amendments, including the
opportunity to express their views and recommendations regarding the
proposed amendments at the public hearing. The amendments are for the
inclusion of the Betten Auto Dealerships project in the Brownfield Plan. The
public hearing has been changed from April 22, 2008 to May 13, 2008.
FINANCIAL IMPACT: Brownfield Tax Increment Financing would be used to
reimburse the developer and the City for Act 381 "eligible expenses" incurred in
association with development of the Betten properties, starting in 2008. The
developers/owners estimate that full development of the Betten properties will
involve over $13 million in private investment (in addition to property
acquisition), resulting in a substantial increase in the city income, and local and
school property taxes generated by the property.
"Eligible expenses" of over $3 million would be reimbursed. The estimated tax
capture schedule is included as Attachment S-3 in the proposed Brownfield Plan
Amendment. The City is also authorized by law to capture up to $75,000/year to
pay for "reasonable and actual administrative and operating costs" of the
Brownfield Redevelopment Authority. As such, $10,000/year of the local tax
increment will be captured to reimburse the Brownfield Authority for its
administrative costs, for the duration of the Brownfield Plan.
After all eligible costs incurred by the parties are reimbursed, the BRA is
authorized to continue to capture local taxes for five more years for deposit into
a Local Site Remediation Revolving Fund. Current tax capture estimates
indicate that approximately $998,500 could be captured from the taxes on the
Betten properties for deposit into this local fund.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on April l, 2008, and approved the Brownfield Plan Amendment adding the
Betten Auto Dealership properties to the Brownfield Plan, and request the
Muskegon City Commission set a public hearing on the Plan Amendments, and
request notification of the taxing jurisdictions, MDEQ, and MEGA of the
proposed amendment and its financial impact on each jurisdiction.
H. Liquor License Transfer Request for Watermark Banquet and
Conference Center, 920 Washington. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Watermark Banquet and Conference
Center, LLC, to transfer ownership of the 2007 Class C licensed business located
in escrow at 800 S. Mill Iron Rd., Muskegon Township, from Niblick Properties, LLC,
and to transfer location (governmental unit) to 920 Washington. They are also
requesting a new Outdoor Service, Dance/Entertainment, Official (food) permits
and three Additional Bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
I. Muskegon Summer Celebration. LEISURE SERVICES
SUMMARY OF REQUEST: 2008's request is consistent with 2007's. There are no
significant changes.
FINANCIAL IMPACT: Request that rental fees be waived for any equipment
used.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
event at their March 17th meeting.
J. City - MDOT Agreement for Intersection Improvements on US-31 BR at
Sherman and Hackley. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the intersection
improvements on Seaway Drive (US-31 BR) at Sherman and Hackley and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract. The proposed work consists of creating a right turn lane on north
bound Seaway at Sherman and Hackley.
FINANCIAL IMPACT: While this is an MOOT project, the City's participation is
required under ACT-51 since the project falls within the City limits. The City's
share is estimated at $5,550, but not more than 11.25% of eligible cost. The total
cost of the project is estimated at $246,400.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will
come out of the 2008 major street fund, as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
K. Consideration of Bids for Isabella, Ambrosia to Williams (H-1633) and
Ada, Wood to Chestnut (W-695). ENGINEERING
SUMMARY OF REQUEST: Award the Ada and Isabella construction contract to
Schippers Excavating out of West Olive since they were the lowest responsible
bidder with a total bid price of $406,048.00. The contract consists of both Ada
water main replacement (W-695) and Isabella (H-1633) projects which were
combined into one contract.
FINANCIAL IMPACT: The construction cost of $406,048 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schippers Excavating.
L. Micro-Surfacing of Lakeshore Drive between Laketon and Michigan.
ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into a maintenance agreement
with Terry Asphalt to micro surface Lakeshore Drive from Laketon to Michigan.
Terry Asphalt has a contract with Norton Shores to perform similar projects and
they agreed to extend the unit prices to the City of Muskegon.
FINANCIAL IMPACT: The estimated cost of $47,000.
BUDGET ACTION REQUIRED: None at this time. This project, if approved, will be
added to the budget's first quarter forecast.
STAFF RECOMMENDATION: Authorize staff to enter into an agreement with Terry
Asphalt to perform the tasks outlined in the proposal.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
consent agenda as presented minus item G.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
2008-37 ITEM REMOVED FROM THE CONSENT AGENDA:
G. Approval of Contract with Nova Development Group to Partner with
CNS Office. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community and Neighborhood Services
office to develop a partnership with Nova Development Group of Detroit, Ml, to
do approximately 20 owner-occupied energy conservation projects through the
City's Emergency Repair and Siding programs.
The Nova Development Group has a grant through the Michigan Public Service
Commission and the Michigan State Housing Authority to partner with local
communities to assist low-income residents to make their homes energy efficient.
According to the guidelines of the grant, the local community is responsible for
a 50% match with Nova Development Group. The CNS office would like to
direct $50,000 to $75,000 of combined CDBG Emergency and Siding funding to
assist with the energy conservation on 20 2008-2009 fiscal year projects. Nova
Development Group must have all their State funding spent by August 15, 2008.
FINANCIAL IMPACT: The partnership should assist the CNS office with spending
less scarce funding, while simultaneously helping the clients make their homes
more energy efficient.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services office request.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the contract with Nova Development Group to partner with CNS office.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro,, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
2008-38 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate for Alloy
Resources Corporation. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Alloy
Resources Corporation, 2281 Port City Blvd., has requested the issuance of an
Industrial Facilities Tax Exemption Certificate. The improvements were
completed in October of 2007 and IFT guidelines state that the company has up
to six months after project completion to file the application. The total capital
investment was $1,025,000 in personal property. The investment has also
created six new jobs. This qualifies them for a tax abatement of seven years for
personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of seven years for personal property.
The public hearing opened to hear and consider any comments from the
public. Comments were heard from John Essex, 5823 Lake Harbor, President &
CEO of Port City Group.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
public hearing and approve the request for an Industrial Facilities Exemption
Certificate for Alloy Resources Corporation.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
2008-39 NEW BUSINESS:
A. Land Lease - McLaughlin Neighborhood Association. CITY MANAGER
SUMMARY OF REQUEST: To approve our agreement to lease the lot at 1264
Terrace Street to the McLaughlin Neighborhood Association. They intend to use
the property for a park and garden.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor
and Clerk to sign it.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the land lease with McLaughlin Neighborhood Association.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
B. Special Events Multiple Liquor License Request - Taste of Muskegon.
LEISURE SERVICES
SUMMARY OF REQUEST: The following organizations are requesting a temporary
liquor license or extension of their liquor license to be able to offer outside
entertainment or serve spirits during the period of June 19 th thru June 22 nd :
• Taste of Muskegon, 900 Third St. - Requesting a Beer and Wine
School, (Beer Tent) to be setup on Western Avenue between Third
and Fourth Street from June 21 st thru June 22nd_
• Downtown Pinnacle Properties (Racquets), 446 W. Western Ave. -
Requesting an extension of their liquor license to set up a beverage
entertainment area in the lot adjacent to the building at Western
Avenue and Fourth Street from June 19 th thru June 22 nd during the
Taste of Muskegon event.
• Rock Stock 08, 5495 S. White River Trail - Requesting Hackley Park for
a one-day music festival on June 21, 2008.
• West Michigan Truck Show, 1204 W. Western Ave. - Requesting to
set up beverage entertainment area on the Morris Street lot (former
Pearlman lot) from June 18th to June 2 l st .
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: All the above listed events were approved by
the Leisure Services Board at their February 18 th and March 17th meetings.
Motion by Commissioner Spataro, second by Commissioner Wisneski to approve
the special event liquor license request for Taste of Muskegon, 900 Third Street,
for June 21st thru June 22nd.
ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the special event liquor license request for Downtown Pinnacle Properties, 446
W. Western Avenue.
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the special event liquor license request for Rock Stock 08, 5495 S. White River
Trail.
ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the special event liquor license request for West Michigan Truck Show, 1204 W.
Western Avenue.
ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
C. Special Event Liquor License Request for Mike's Inn, June 27th thru July
5th , 2008 - Muskegon Summer Celebration. LEISURE SERVICES
SUMMARY OF REQUEST: Mike's Inn (555 W. Western Ave.) is requesting an
extension of their liquor license to be able to host an outside entertainment area
in their lot. Summer Celebration holds the first liquor license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
event at their February 18th meeting.
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the special event liquor license request for Mike's Inn for June 27th thru July 5th •
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo,
Wisneski, and Carter
Nays: None
MOTION PASSES
D. Multiple Special Event Liquor License Request - Muskegon Bike Time.
LEISURE SERVICES
SUMMARY OF REQUEST: The following organizations are requesting an extension
of their liquor license to be able to offer outside entertainrnent during the
"Muskegon Bike Time" festival (July 18th thru July 20 th ):
• Mike's Inn, 555 W. Western Ave. - Requesting to fence off
parking lot to set up beverage entertainment area.
• Racquets Downtown Grill, 446 W. Western Ave. - Requesting to
set up beverage entertainment area in the lot located next to
Racquets on the corner of Fourth St. and Western Ave.
• Tipsy Toad Tavern, 609 W. Western Ave. - Requesting to set up
beverage entertainment area in the parking lot located
between Tipsy Toad and Radiology P.C.
• Pop-A-Top, 2185 Henry St. - Requesting to set up beverage
entertainment area in their parking lot.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: All of the above listed events were approved
by the Leisure Services Board at their February 18th and March l 7th meetings.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the multiple special event liquor license request for Mike's Inn, Racquets
Downtown Grill, Tipsy Toad Tavern, and Pop-A-Top during July 18th thru July 20th •
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter,
and Gawron
Nays: None
MOTION PASSES
E. 2008-2009 Healthcare Renewal. FINANCE
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for
the 2008-09 plan year. Healthcare costs continue to rise. Renewal rates for the
City's current healthcare program initially came in at $859.90/employee/month,
9% higher than the current rate ($787.87). However, Priority Health has agreed
to a more palatable 6% increase ($835.19), provided the city defer competitive
bidding for one year. (A new state law requires bidding every three years.) The
6% increase translates into an estimated annual cost increase of $133,869. This is
within the city's budget expectation.
FINANCIAL IMPACT: Healthcare costs will increase 6% ($133,869) - a significant,
but manageable level. No changes to employee benefits are proposed.
BUDGET ACTION REQUIRED: None. Under the renewal proposal, healthcare
costs will be within budget.
STAFF RECOMMENDATION: Approval of the 2008-09 healthcare renewal with
Priority Health. Staff is also exploring employer-funded HRA (health
reimbursement account) options through Priority Health. These options do not
impact the employee, but involve the city self-insuring a deductible amount in
exchange for a lower insurance premium. At this time, the HRA concept does
not appear to be a good option for us; however, we are still analyzing data and
would ask you to authorize staff to select the HRA option if clearly shown to be in
the city's financial interest.
Motion by Commissioner Wisneski, second by Commissioner Spataro to approve
the 2008-09 healthcare renewal.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron,
and Shepherd
Nays: None
MOTION PASSES
F. Lakeshore Pathway Construction - McCracken to Cottage Grove. CITY
MANAGER
SUMMARY OF REQUEST: To approve the construction of an on-street and off-
street pathway along Lakeshore Drive between McCracken and Cottage
Grove.
FINANCIAL IMPACT: $100,000.
BUDGET ACTION REQUIRED: If approved, the project will be included 1n the
Capital Improvement Plan in the 2008 first quarter budget adjustment.
STAFF RECOMMENDATION: To approve construction of the pathway.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the construction of an on-street and off-street pathway along Lakeshore Drive
between McCracken and Cottage Grove.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Gawron, Shepherd, and
Spataro
Nays: Wisneski
MOTION PASSES
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the following: PUBLIC SAFETY
1970 Crowley - Area 14
709 E. Apple (Garage) -Area 11
1918 Valley (Home and Garage)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within 30 days. It
is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINANCIAL IMPACT: General Funds for 1970 Crowley and 1918 Valley; and
CDBG Funds for 709 E. Apple (garage).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Wisneski to concur
with the Housing Board of Appeals notice and order to demolish 1970 Crowley
and 1918 Valley (home and garage).
ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals notice and order to demolish 709 E. Apple
Avenue, garage only.
MOTION AND SECOND AMENDED:
Motion amended by Commissioner Spataro, second by Vice Mayor Gawron to
concur with the Housing Board of Appeals notice and order to demolish 709 E.
Apple Avenue, garage only, delaying action until August 10, 2008, with all
permits pulled and City inspection passes.
ROLL VOTE TO AMEND MOTION:
Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and
Wierengo
Nays: Shepherd
MOTION PASSES
ROLL VOTE ON AMENDED MOTION:
Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Wisneski
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: City Commission commented on various items.
PUBLIC PARTICIPATION: Comments were heard fro m the public .
ADJOURNMENT: The City Commission Meeting adjourned a t 7:18 p.m.
Respectfully submitted,
\ \ ~,:__\\~"\,~, Gz,Jl",
An~ arie Becker, MMC
City Clerk .
Date: April22,2008
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: Dehumidification Equipment Repair/Inspection
SUMMARY OF REQUEST:
To make necessary repairs to the two dehumidifiers located in the pipe
gallery at the Water Filtration Plant and to enter into a two-year
agreement for semi-annual service inspections.
FINANCIAL IMPACT:
The cost of the repairs and two-year agreement is $20,628.20.
($12,598.20 parts)
($1,550.00 labor and expenses to install parts)
($6,480.00 for two-year, semi-annual, inspection agreement)
BUDGET ACTION REQUIRED:
No budget action is required as this work was planned in the 2008
budget
STAFF RECOMMENDATION:
Staff recommends having the repairs and semi-annual maintenance for
the two dehumidifiers at the Water Filtration Plant by the equipment
manufacturer - Munters Corporation.
MEMORANDUM
4/14/08
TO: M. AL-SHATEL, DEPUTY DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION SUPV.
RE: DEHUMIDIFICATION EQUIPMENT INSPECTION AND REPAIR
The Water Filtration Plant has two dehumidifiers to deter condensation and subsequent
corrosion on the plant piping. These two units service the entire pipe gallery in the
headworks (main) building.
The two dehumidifiers have been in service for ten-years with only minor service and
preventative maintenance. This activity has been performed semi-annually by the
manufacturer. The two units have reached a point where they require replacement of
some integral parts in order to continue to be effective in removing moisture from the
atmosphere in the pipe gallery.
Included is a quotation from the manufacturer for the necessary repair parts with an
option to have this work included with one of the semi-annual inspections. Also included
is a quotation for the semi-annual inspections in the form of a two-year agreement. The
cost for repair and labor and also the semi-annual maintenance is included in the 2008
budget for the Filtration Plant.
It is my recommendation that we combine the repairs with a periodic visit and enter into
agreement for the usual planned inspections for two years and the equipment repairs.
The overall cost would be $20,628.20.
unters
Munters Corporation Dehumidification Division
This Quotation Issued to: is represented by:
City of Muskegon WTP Munters Corp.-Cargocaire Division
Muskegon Ml 79 Monroe St
Amesbury, MA 01913
978-241-1100
ALL ORDERS SHOULD BE ISSUED TO:
Munters Corporation-Dehumidification Dlvision, SHEET: 1 OF 1
79 Monroe St, P.O. Box 640, Amesbury, MA 01913
This proposal unless previously with.drawn, shall remain open for thirty days from the date hereof, and an order is subject to
acceptance at the executive offices ofMunters Corporation-Dehumidification Division, Amesbury, MA. Any order resulting
from this proposal shall be subject to all terms and conditions stated on the front and reverse sides hereof or attached hereto. DATE: 4/8/08
Munters Corporation~Dehumidification Division is required to collect State Sales/Use tax where applicable; Taxes must be
invoiced in such cased unless a valid exemption, resale or direct payment certificate is on file at the time of order
TERMS Net 30 days
Munters Corporation is pleased to estimate two options for the billable services pending:
Price for a separate trip to complete billable services to include travel time with expenses, meals, hotel and weekday site
labor not to exceed 12 hours. Total estimate for this option is ............•..•........•...•...•• , ••.............. $ 2,575.00
Price to combine billable services with one of the ServiceCaire visits is ......................................... $1,550. 00
This estimate includes any additional expenses and labor over and above those that are already included in the planned
Servicecaire visit.
Discounts for participating in our service agreement program are included in the billable service estimates
Current price for the parts recommended by our service technician, Mr. Bob Paige:
Wheel Assembly 30" Silica Gel pin 30145-07 $5,476 X 2 = $10,952
Seal Kit PIN 43125-04 $1,391 X 2 = $ 2,782
Belt, Timing P/N 92283-05 $ 132x2=$ 264
Total $13,998 less 10% or $12,598.20
Shipping charges and taxes are not included.
Please contact Victoria Hefler any questions or comments you may have and to schedule the service visit.
SUBMITTED BY: Judy Dandurant TITLE: Service Contract Sales
Munters Corporation - Dehumidification Division
79 Monroe Street, P.O. Box 640, Amesbury, MA 01913 USA• TEL: 978-241-1171 or 1-800-843-5360
FAX: 978-241-1222, Email address: judy_dandurant@munters.com
'L.I L.OI VO VO: .:>OAJ"I tbT . tibbZUl:HclJ::J' -) 2317555290 Pg 2/4
2/28/08
®Munters Quotation No, 707636 Renewal
Munters Service Agreement Quote
Benefits:
• Factory Certified Performance Te,ting
• Planned Semce Vioit.
• Preferred Cuotomer Stotu•
• Longer Equipment Life
• Discounts on Spare PartiJ Purchases
• Diocount. on Billable Travel Labor
• Operator Training (Unit-side) During Vi,its
• No One Know• Our Equipment Better Thon We Doi
BWTo: End Um: City of Muskegon WTP
Address: Address: 1900 Beach Street
Address: Address:
City State Zip City State Zip Muskegon, MI 49441
Phone: Phone: 231-724-4105
Fax: Fax: 231-755-5290
Contact: Contact: Kevin Herbert
Title: Title:
Email: Emeil:
Site Considerations:
D Outdoor Units/Protected
• Condensing Units
D
D
Outdoor 'Lruts/Unprotected
Rooftop Units
•• Remote Components
Safety/Security Requirements
D
•
Indoor 'Lruts
Confined Space Requirements
•• Other _ _ _ _ _ _ _ _ _ _ __
• Advanced Controls
• Equipment AJJcess Issues~--~--~
• No Facial Hair
• Dewcup Readings Required (14 grs,% or less)
Equipment Li,t
Model No. Serial No. Cu,fomer Equipment No.
(2)HCD-2250 DGA-S 2924 AND 2925 630445
Agreement Type: PERFOR.t'\IIANCE TEST AND INSPECTION PLAN
Agreement Effectivity Date: J/6/08 TO 316/09 Two VJ,It Agreement
Total Price of this Quotation ................. Price Valid for 30 Days .... .,$3,240
Please consider purchase of a two yea:r plan. Munters 'l'lill honor the quoted prke 'l'lit.hout
a price Increase If a two yea:r plan is purchased at this time. Two yea:r price is $6,480
Taxes not included. A tax exemption certificate is required with order entzy or taxes shall be invoiced where applicable.
Service contracts are i'lvoiced in full at order placement. Payment is due in full 30 days from date of invoice.
Quoted by: Judy Dandurent
Title: Service Contract Sales
Telephone: 978-241°1171
Date: 2/28/08
Note: For expanded service offerings, plea.re conuict headquarrerr.
Attachments: ServiceCt.dre Plan Two Visits, Servia Plan Terms
Munters Corporation~ Service Department
79 Monroe Street, P.O. Box 640, Amesbury, MA 01913 TEL: 1-888-DHWHEEL(888-349-4335)
Parts Fax 978-241.)217, Service Scheduling Fax 978-241"1222, Service Sales Fax 978-241-iJ 13
Page 1 of I
Date: April 22, 2008
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: 2008 Water Treatment Chemical Bids
SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidder to supply
sodium hypochlorite for the water filtration plant
FINANCIAL IMPACT:
Annual cost of $53652.00 (based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None at this time. These chemicals are budgeted annually.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bid
received and enter into contract with Rowell Chemical for sodium
hypochlorite.
MEMORANDUM
4/14/08
TO: M. AL-SHATEL, DEPUTY DIRECTOR
FROM: R. VENEKLASEN, WATER FILTRATION SUPV.
RE: SODIUM HYPOCHLORITE ANNUAL BID
Sodium Hypochlorite is a liquid form of chlorine similar to bleach, however in a
significantly stronger concentration. This chemical is used for disinfection of the water in
the treatment process.
We have been bidding Sodium Hypochlorite (Hypo) in conjunction with the Cities of
Holland and Wyoming with the Holland BPW purchasing department performing the
bidding process. The City of Muskegon Heights has now joined the consortium in the
same manner.
The date for bidding of the other water treatment chemicals has changed over the years
so we must address approval of the Hypo bids separately.
Attached are the bid results provided us the by City of Holland purchasing department.
Rowell Chemical is the lowest bid received. Rowell Chemical has been the successful
low bidder for the past two years.
It is my recommendation that we ask the Mayor and City Commission to approve Rowell
Chemical as the lowest responsible bidder to provide Sodium Hypochlorite for the Water
Filtration Plant.
HOLLAND BOARD OF PUBLIC WORKS
TABULATION OF BIDS
LIQUID SODIUM HYPOCHLORITE
April 9, 2008
Alexander K.A Rowell Webb Haviland
Chemical Steel Chemical Chemical (K.A. Steel
Chemical)
Cities of
Holland,
Wyoming,
Muskegon & $166.97/ton $178.29/ton $ 157 .80/ton
Muskegon $.8349/gallon $.8915/gallon $.7975/gallon No Bid No Bid
Heights
1 Year
CmTent Price: $129.65 per ton ($.6515/gallon)
Estimated Yearly Usage for Holland: 1,200 tons
Commission Meeting Date: April 22, 2008
Date: April16,2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.,6v
RE: Contract for Mowing Services
SUMMARY OF REQUEST:
To approve a two-year contract with the Sheldon Park Neighborhood Improvement Association for
the maintenance of two City owned lots in the Sheldon Park neighborhood.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Authorize execution of the contract. The responsibility for cleaning and mowing these lots would
belong to the Association rather than the City and would extend through 2009. The City's estimated
cost of $2,000 to maintain the lots over this period would then be donated to the Association. The
neighborhood has maintained the lots for several years under similar agreements and has done a great
job.
2008-36(d)
CITY OF MUSKEGON
NEIGHBORHOOD CITY LOT MAINTENANCE AGREEMENT
THIS AGREEMENT effective May 1, 2008 is made between the CITY OF
MUSKEGON, 933 Terrace Street, Muskegon, Michigan ("City") and the SHELDON
PARK NEIGHBORHOOD IMPROVEMENT ASSOCIATION, of 1128 Roberts Street,
Muskegon, Michigan ("Sheldon Park"), because Sheldon Park wishes to accomplish and
perpetuate the maintenance of the City owned lots on the attached Exhibit A ("the lots")
for the betterment and beautification of their neighborhood, and because the City wishes to
encourage neighborhood associations such as Sheldon Park in this way and in general
involvement in the neighborhoods of the City.
THEREFORE THE PARTIES AGREE:
I. Maintenance of the City Lots. Sheldon Park shall maintain the lots, by
mowing or by any other action required, and use its best efforts to ensure that the
properties are maintained in accordance with applicable City codes and ordinances.
2. Compensation. In return for Sheldon Park's services and its interest in the
neighborhood, the City agrees to pay the sum of $2,000 to Sheldon Park, for its general
purposes including but not limited to materials and improvements on the lots, but further
for the general purposes of Sheldon Park in its work as a neighborhood improvement
association.
3. Special Conditions.
3.1 Sheldon Park agrees that it will not employ persons to accomplish the
maintenance of the lots, but that members of Sheldon Park will do the
work. The persons actually accomplishing the services or services
related to the work on the lots shall not be compensated, except to
reimburse any personal out-of-pocket expenditure in connection with
the work.
3.2 Sheldon Park agrees that it has inspected the lots, and further has
determined that there are no hazards or dangerous conditions on the lots
that may be expected to cause injury. In the event that Sheldon Park or
any of its volunteers becomes aware of any such condition, Sheldon
Park agrees to notify the City immediately.
3.3 Sheldon Park agrees to obtain a waiver on the form attached as Exhibit
B from each person performing the work as a volunteer and deliver the
same to the City before said volunteer's work begins.
3 .4 The persons volunteering to do the work shall not be considered City
employees. They shall not be subject to City control or supervision.
However, each volunteer working on behalf of Sheldon Park shall be
considered a volunteer acting on behalf of a governmental agency for
purposes of meeting the requirements ofMCL Section 691.1407, which
provides immunity from tort liability for an injury to a person or
damage to property caused by a volunteer while acting on behalf of a
governmental agency.
3.5 Sheldon Park shall maintain records of all volunteers who work on the
lots, including the amount oftime spent, the date completed and the
type of work performed. Said records shall be made available to the
City upon request.
4. Term of the Agreement. This agreement shall have a term of May 1, 2008
through December 31, 2009. Payments for work completed shall be made at reasonable
intervals during the term of this agreement. Continuing payment shall be contingent upon
satisfactory completion of all necessary work. Either party may terminate this agreement
with 30 days advance notice.
IN WITNESS WHEREOF, the parties execute this agreement effective on
the date set forth above.
Dated: Y- cl J , 2008
i .'
Dated: -~f_-~:?_rf'_, 2008 By
.. \ . i \\"\:
<-'"\ -._;\ ',
.
··~'--' \_ ' \. ,j_\'., .\ I\ (\
Ann Marie Becker, MMC
City Clerk
THE SHELDON PARK NEIGHBORHOOD
IMPROVEMENT A CIATION
Dated: £'/4/
7 I
, 2008 By__,,L-11.C:;.L;L.--=-----------
Its----,..,.~~-'L,~>-/_~---"----
2
EXHIBIT A
LOCATION AND LEGAL DESCRIPTIONS OF CITY LOTS
Parcel # 24-190-001-0001-00
Northwest comer of Evanston and Oak Grove Street Castenholz Grove Annex
Lots 2 to 6 Incl Blk 1
Parcel# 24-750-000-0003-00
South side of McLaughlin Avenue just east of Burton Road Samburt Park Addition
Lot 3 & W ½ Lot 4
3
EXHIBITB
WAIVER
L - - - - - - - - - - - - - - - - - - - - - - cl - - - - - - - -
- - - - - - - - ~ Muskegon, Michigan, do hereby waive any and all claims against
the City of Muskegon which may arise as a result of my suffering any injuries or damages
in the course of my working on City property pursuant to an agreement between the
Sheldon Park Neighborhood Improvement Association and the City of Muskegon, for the
maintenance and improvement of the City property. I expressly state that I am working as
a volunteer, without any remuneration, and that I am aware of the condition of the
properties upon which I will be working.
D a t e d : - - - - - - - ~ 200_
WITNESSES:
4
Locations of lots to be maintained.
1
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s
Commission Meeting Date: April 22, 2008
Date: April11,2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C)/1:£,
RE: Amendment to the Zoning Ordinance - B-4, General
Business Districts, Special Land Uses Permitted
SUMMARY OF REQUEST:
Request to amend Section 1301 (Special Land Uses Permitted) of Article XXIII (B-4, General
Business Districts) to allow an additional special land use.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to allow an additional special land use
in the B-4, General Business zoning district.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/10 meeting. The
vote was unanimous with B. Mazade absent.
4/11/2008
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 10, 2008
Hearing; Case 2008-08: Staff initiated request to amend Section 130 I (Special Land Uses
Permitted) of Article XIII, (B-4, General Business Districts) of the Zoning Ordinance, to add
craft shops as a special land use in a B-4 district.
BACKGROUND
The Zoning Ordinance contains a good definition for a "craft shop", however there are no business
zones that allow craft shops either as a principal use or as a special land use. The only place they are
presently allowed is in the OSR, Open Space Recreation District, and then only with a special land use
permit.
The subject of the next case is the former Al Perri building, which has been empty for the past year or
two. The applicant wishes to development the property into an "art incubator" of sorts, with other
uses in the building as well, such as a small coffee shop and perfmmance stage area, and massage
therapy. While many of the proposed uses are already allowed in a B-4, General Business District,
craft shops are not. Staff's reasoning behind proposing craft shops as a special land use come from
the definition itself:
Craft Shop: Any business establishment which produces articles for sale on the premises of
artistic quality or effect, or handmade workmanship. Examples include candle making, glass
blowing, weaving, pottery making, woodworking, sculpting, painting, and other associated
activities.
Some of the examples listed above could contain equipment, such as kilns, welding equipment, etc.,
that could be potentially hazardous due to heat, odors, etc., and should be allowed only with the
discretion of the Planning Commission. Therefore, Staff recommends that "craft shops" be allowed
with as a special land use and be added to the B-4 zoning ordinance language as follows:
NEW LANGUAGE
Deletions arc eressea out and additions are in bold:
(Renumbered)
12. Craft Shops
2
DELIBERATION
I move that the amendment to Section 1302, #12, of Article XIII, B-4, General Business, of the City
of Muskegon Zoning Ordinance to add "craft shops" as a special land use, be recommended to the
City Commission for (approval/denial).
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2242
An ordinance to amend Section 1301 (Special Land Uses Permitted) of Article XXIII (B-4,
General Business Districts), to allow an additional special land use.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
Section 1301, new #12
12. Craft Shops
This ordinance adopted:
Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Wisneski
Nayes: None
AdoptionDate: April 22, 2008
Effective Date: May 8, 2008
FirstReading: April 22, 2008
Second Reading: __
N;_/A
_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
1'
By ~ ; , 1"\.ll\JIA\
Ann
S.uL/2,c,
Matie Becker, MMC, City Clerk
Commission Meeting Date: April 22, 2008 - Zoning Ordinance Amendment - B-4 Special Uses
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of April, 2008, at which meeting a quorum was present and remained tlu·oughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I fmther 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 22 , 2008. \J.v\-v~\~
Ann Marie Becker, MMC
b-&,-1 ( ~
J_/\
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 22, 2008, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 130 I (Special Land Uses Permitted) of Article
XXIII (B-4, General Business Districts) adding language to allow an additional special
land use in the B-4, General Business 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 days from the date of this publication.
Published April 28, 2008.
CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
Commission Meeting Date: April 22, 2008
Date: April15,2008
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c,,lfl C.
RE: Set Public Hearing for Amendments to Brownfield Plan -
Betten Auto Dealerships Project
SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for amendments
to the City of Muskegon Brownfield Plan, and notifying taxing jurisdictions, Michigan Department of
Environmental Quality, and Michigan Economic Growth Authority of the Brownfield Plan Amendments,
including the opportunity to express their views and recommendations regarding the proposed
amendments at the public hearing. The amendments are for the inclusion of the Betten Auto
Dealerships project in the Brownfield Plan. The public hearing has been changed from April 22, 2008 to
May 13, 2008.
FINANCIAL IMPACT: Brownfield Tax Increment Financing would be used to reimburse the developer
and the City for Act 381 "eligible expenses" incurred in association with development of the Betten
properties, starting in 2008. The developers/owners estimate that full development of the Betten
properties will involve over $13 million in private investment (in addition to property acquisition), resulting
in a substantial increase in the city income, and local and school property taxes generated by the
property.
"Eligible expenses" of over $3 million would be reimbursed The estimated tax capture schedule is
included as Attachment S-3 in the proposed Brownfield Plan Amendment. The City is also authorized
by law to capture up to $75, 000/year to pay for "reasonable and actual administrative and operating
costs" of the Brownfield Redevelopment Authority. As such, $10,000/year of the local tax increment will
be captured to reimburse the Brownfield Authority for its administrative costs, for the duration of the
Brownfield Plan.
After all eligible costs incurred by the parties are reimbursed, the BRA is authorized to continue to
capture local taxes for five more years for deposit into a Local Site Remediation Revolving Fund.
Current tax capture estimates indicate that approximately $998,500 could be captured from the taxes on
the Betten properties for deposit into this local fund.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on April 1, 2008,
and approved the Brownfield Plan Amendment adding the Betten Auto Dealership properties to the
Brownfield Plan, and request the Muskegon City Commission set a public hearing on the Plan
Amendments, and request notification of the taxing jurisdictions, MDEQ, and MEGA of the proposed
amendment and its financial impact on each jurisdiction.
RESOLUTION NOTIFYING TAXING UNITS,
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, &
MICHIGAN ECONOMIC GROWTH AUTHORITY;
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2008-36(f)
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of
Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on
the 22nd day of April, 2008, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Members Wisneski, Carter, Gawron, Shepherd, Spataro,
Warmington, and Wierengo
ABSENT: Members
None
The following preamble and resolution were offered by Member
_G::.:a=-w::..:r:...:o:.c:n:...__ _ _ and supported by Member Carter
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include the Betten Auto
Dealerships Project, and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendments
to the City Commission requesting its approval of the Brownfield Plan Amendments
and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendments as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendments, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture, the Michigan Department of
Environmental Quality (MDEQ), and the Michigan Economic Growth Authority
(MEGA) to express their views and recommendations regarding the Brownfield
Plan Amendments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield
Plan Amendments from the Authority and directs the City Clerk to send a copy of
the proposed Brownfield Plan Amendments to the governing body of each taxing
jurisdiction in the City, MDEQ, and MEGA notifying them of the City Commission's
intention to consider approval of the Brownfield Plan Amendments [after the public
hearing described below].
2. A public hearing is hereby called on the 13th of May, 2008 at 5:30
p.m., prevailing Eastern Time, in the City Hall Commission Chambers to consider
adoption by the City Commission of a resolution approving the Brownfield Plan
Amendments.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 10 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON AN AMENDMENT TO THE MUSKEGON BROWNFIELD
PLAN, AS APPROVED BY THE CITY OF MUSKEGON BROWNFIELD
REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on May 13, 2008, at 5:30 p.m.,
prevailing Eastern Time in the City Hall Commission Chambers located at 933
Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution
approving a Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of
1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
Betten Auto Dealerships Project
2410, 2474, 2477, & 2501 South Henry Street
Muskegon, Michigan 49441
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendments for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendments will be
open for discussion at the public hearing.
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
~rv;_\ \,-"-i;\) ~~\ \S\_v\L L \
4
Ann Marie Becker, City Clerk
5. 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
Carter, Gawron, Shepherd, Spataro, Warmington,
Wierenga, and Wisneski
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
' ~ ~ ~ u J Lb
Marie Becker, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on April 22, 2008, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
~~~w~
City Clerk
Date: April22,2008
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Liquor License Transfer Request
Watermark Banquet and Conference Center
920 Washington
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Watermark Banquet and
Conference Center, LLC, to transfer ownership of the 2007 Class C
licensed business located in escrow at 800 S. Mill Iron Rd., Muskegon
Township, from Niblick Properties, LLC, and to transfer location
(governmental unit) to 920 Washington. They are also requesting a new
Outdoor Service, Dance/Entertainment, Official (food) permits and three
Additional Bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolice.com Phone: 231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
April 9, 2008
To: City Commission through the City Manager
From:
y L. Kleibecker, Director of Public Safety
Re: Liquor License Request - 920 Washington
Transfer of2007 Class-C Licensed Business with Permits
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation oflicensee/applicant Watermark Banquet and Conference Center, LLC.
Watermark Banquet and Conference Center, LLC requests to transfer ownership of2007 Class C licensed
business, located in escrow at'800 S. Mill Iron Rd, Muskegon, MI. from Niblick Prope1ties, LLC; transfer
location to 920 Washington, Muskegon, Ml. 49441; and to cancel existing outdoor service (1 area); and
requests a New Outdoor Service (1 area) and add Dance/Entertainment, Official (food) permits and 3
additional Bars (total 4).
Watermark Banquet and Conference Center, LLC is comprised of P & G Holdings NY, LLC (A New
York Limited Liability Company) - Member and is represented by Parmenter O'Toole's office,
Muskegon Ml.
The Muskegon Police Department finds no reason to deny this request.
ALK/kd
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505
R D
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1 201 (4)) MAR ",J ,;, _ 7.008
f\/iU~ .. J hU ~ 1'u JGt DEPT.
March 6, 2008
CHIEF of POLICE
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID#: 439730
Applicant:
WATERMARK BANQUET AND CONFERENCE CENTER, LLC REQUESTS TO TRANSFER OWNERSHIP
OF 2007 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 800 S. MILLIRON, MUSKEGON, Ml
49442, MUSKEGON TOWNSHIP, MUSKEGON COUNTY, FROM NIBLICK PROPERTIES, L.L.C. ;
TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 920 WASHINGTON, MUSKEGON,
Ml 49441, MUSKEGON COUNTY; CANCEL EXISITNG OUTDOOR SERVICE (1 AREA) ; AND REQUESTS A
NEW OUTDOOR SERVICE (1 AREA). ~-0 ~ 'DI?\.~ / G~t:.fL.~,1'-Jl'<\b'-Ji' 1 oHc ,__., ~ l__-{;_;:,-o\)
't'E::5LIV'- , \ J ~ N..0 ~ ~ ~l,J\) f\ , ">N~'- ~R\.. L'1 o'T-4\\..... ~)
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, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (51 7) 322-1400.
sfs
LC-1972(Rev. 09/05) The Department of Labor & Economic Growth will not d isc,iminate against any individual or group because of race, sex, religion, age,
Authority: MCL 4 36.1201 (4) national origin, color, marital status, d isability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penal! : No License
Michig, apartment of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN Lll.lUOR CONTROL COMMISSION (MLCl,J
7150 Harris Drive, P.O. Box 30005 Request ID # 439730
Lansing, Michigan 48909-7505
Business ID # 206615
LOCAL APPROVAL NOTICE
[Authorized by MCL 436.1501]
March 6, 2008
TO: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, Ml 49443-0536
APPLICANT: WATERMARK BANQUET AND CONFERENCE CENTER, LLC
Home Address and Telephone No. or Contact Address and Telephone No.:
P & G HOLDINGS NY, LLC (A NEW YORK LIMITED LIABILITY COMPANY), 601 TERRACE
STREET, MUSKEGON, Ml 49440 (231)722-1621
The MLCC cannot consider the approval of an application for a new or transfer of an on-premises
license without the approval of the local legislative body pursuant to the provisions of MCL 436.1501
of the Liquor Control Code of 1998. For your information, local legislative body
approval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT AND
TOPLESS ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FOR
DANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the Liquor
Control Code of 1998.
For your convenience a resoiulion form is enciosed thai includes a description of the licensing
application requiring consideration of the local legislative body. 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 MLCC as soon as possible.
If you have any questions, please contact the On-Premises Section of the Licensing Division as (517)
636-4634.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
\ ~ 3,\'i-0'6 l\~
I Request ID# 439730 I
2008-36(h)
RESOLUTION
At a _ _R_e~g_u_l_a_r_ _ _ _ _ _ _ _ meeting of the City Commission
(Regular or Special) (Township Board, City or Village Council)
calledtoorderby Mayor Warmington on April 22, 2008 at 5:30 P.M.
The following resolution was offered:
Moved by Vice Mayor Gawron and supported by Commissioner Carter
TRANSFER OWNERSHIP OF 2007 CLASS C LICENSED BUSINESS, LOCATED
That the request to
IN ESCROW AT 800 S. MILLIRON, MUSKEGON, Ml 49442, MUSKEGON TOWNSHIP,
MUSKEGON COUNTY, FROM NIBLICK PROPERTIES, L.L.C. TO WATERMARK BANQUET AND
CONFERENCE CENTER, LLC; AND TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL
436.1531 (1) TO 920 WASHINGTON, MUSKEGON, Ml 49441, MUSKEGON COUNTY. ~NX>
N 'c..'-..) 1)\s,Nc=.. ) E lv'iE.lt:i" \\.., ~ '"'r= ~ : : - - =
-;,-,,, <;;\ • _
,.- lC..-...J~' l,
be considered for _ _ _ _A......P....._P_r_o_v_a_l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas: _ _ _ _ _ _ _ _ __
Nays: 0 Nays: _ _ _ _ _ _ _ _ __
Absent: 0 Absent: _ _ _ _ _ _ _ __
---------
It is the consensus of this legislative body that the application be:
Recommended for issuance
------------------------------
(Recommended or Not Recommended)
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 City Commission ata _ _ _R_e_g-u_l_a_r
_ _ _ __ __ _
(Township Board, City or Village Council) (Regular or Special)
meetingheldon April 22, 2008.
(Date)
(Signed) ~ ,l\,J 1-:::,i,, , M{~~ ( '::i
(Township, City or Village Clerk)
SEAL Ann Marie Becker, City Clerk
933 Terrace, Muskeg on, MI 49440
(Mailing address of Township, City or Village)
LC-1305 (Rev. 08/2006) The Department of l abor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1501 national origin, color, marital status. disability. or political beliefs. If you need help with reading, writing, hearing, etc., under Iha Americans
Completion : Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalt : No License
-~J:,..__ '-\ '\ ':, 0 '.\ 1 )O
Lansing, Michigan 48909-7505
Business ID#
LAW ENFORCEMENT RECOMMENDATION -----
[Authorized by MCL 436.1916, R 436.1105(2)(d) and R 436.1403]
April 15, 2008
TO: '""-0 )'1-.'i:..6" ,.;; ~ "'-'-C\'.:., "i) e:,.....-,
RE: \,J tG '2. "-'"~<;L\..... ~,.-0 "'<'-'~ -..-G c--){-'i: RL ,0<..'c- \..-1::- .-1, /::.IL. , \...-\..c___
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation, as requested below, to the offices of the Michigan Liquor Control
Commission at the above address. Questions about this request should be directed to the MLCC Licensing Division at (517)
322-1400.
~ I A L PERMIT FOR EXTENDED HOURS OF OPERATION FOR: -f'_, ,, ~
Weekdays A.M. to A.M.
•Sundays 7'.ov A.M. to \'ri,'.i:.lvfa2M:/P.M.
~ o m mended D Recommended, subject to final inspection D Not Recommended
Note: If the applicant is requesting two separate extended hours permits and the permits are for different hours you
must complete the box below. If additional space is needed please use reverse side of this form.
• OFFICIAL PERMIT FOR EXTENDED HOURS OF OPERATION FOR:
Weekdays A.M. to A.M.
Sundays A.M. to A.M./P.M.
D Recommended D Recommended, subject to final inspection D Not Recommended
DANCE PERMIT
~mmended D Recommended, subject to final inspection D Not Recommended
~'.RrnNMENT PERMIT
mended D Recommended, subject to final inspection D Not Recommended
-~\_vb-._ '\ , \ ~, D'6 '"~
• TOPLESS ACTIVITY PERMIT
D Recommended D Recommended, subject to final inspection D Not Recommended
OUTDOOR SERVICE
-- - - -
~Recommended D Recommended, subject to final inspection D Not Recommended
• PARTICIPATION PERMIT
D Recommended D Recommended, subject to final inspection • Not Recommended
~DITIONAL BAR PERMIT(:\1'0"1~'-- or- 4~~-s~)
~ecommended D Recommended, subject to final inspection • Not Recommended
• OTHER
D Recommended D Recommended, subject to final inspection D Not Recommended
Signed:
f- L, I~ DtA-i......~~-7'd"- (.)t=- f" Cl /1, <...t. L c, A-£<-<._';')"
~-
Signature and Title
··-/ -2...i -~ &-
Date:
LC-1636 (Rev. 05/2006) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority; MCL 436.1916, R 436.1105(2)(d) and national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
R436.1403 with Disabilities Act, you may make your needs known to this agency.
Completion: Mandatory
Penallv: No License and/or Permit
~ 5'l"i--::i"6 {\.~
Michi~ )epartment of Labor & Economic Growth ( FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCG)
7150 Harris Drive, P.O. Box 30005 Request ID# 439730
Lansing, Michigan 48909-7505
Business ID# 206615
POLICE INVESTIGATION REPORT
[Authorized by MCL 436.121 7 and R 436.1 105; MAC]
Please conduct your investigation as soon as possible, complete all four sections of this report and return the
completed report and fingerprint cards to the MLCC
I LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
WATERMARK BANQUET AND CONFERENCE CENTER, LLC REQUESTS TO TRANSFER OWNERSHIP OF 2007 CLA SS
C LICENSED BUSINESS, LOCATED IN ESCROW AT 800 S. MILLIRON, MUSKEGON, Ml 49442, MUSKEGON
TOWNSHIP, MUSKEGON COUNTY, FROM NIBLICK PROPERTIES, L.L.C.; TRANSFER LOCATION (GOVERNMENTAL
UNIT) (MCL 4 36.1531(1) TO 920 WASHINGTON, MUSKEGON, Ml 49441, MUSKEGON COUNTY; CA ~ CEL EXISITNG
OUTDOOR SERVICE (1 AREA); AND REQUESTS A NEW OUTDOOR SERVICE (1 AREA). ~NrJ ~\1'1> --:i>~ui I
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: APPLICANT #2: E: '~11.....T""',~'""-!::.NI cV<:_r; ..._\ 0-_
P & G HOLDINGS NY, LLC (A NEW YORK LIMITED \__-\-ov~) ~E:.h...~r-~, -~ ~~0\\1Q\',)~L-
LIABILITY COMPANY) - MEMBER ~~~~ {_Tv7\',.,L '-\ ) .
601TERRACESTREET
MUSKEGON, Ml 49440
(231 )722-1621
I DATE FINGERPRINTED: N,O FINGERPRINTS REQUIRED DATE FINGERPRINTED:
I
DATE OF BIRTH: DATE OF BIRTH:
Is the applicant a U.S. Citizen: • Yes • No* Is the applicant a U.S. Citizen: • Yes • No*
* Does the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status?
•
Yes No* • •
Yes No* •
*Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
**Attach the finQerprint card and $30.00 for each card and mail to the Michiaan Liauor Control Commission** I
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: • Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED I
Does applicant intend to have dancing, entertainment, topless activity, or extended hours permit?
• No ·¥1--Yes, complete LC-1636
Are gas pumps on the premises or directly adjacent? No 'fe_
Yes, explain relationship: •
I Section 3. LOCAL AND STATE CODES AND 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? f:i-:Yes No •
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. RECOMMENDATION
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? 12} Yes No •
2. Is the proposed location satisfactory for this business? Ji'i Yes D No
3. Should the Commission grant this request? JQ._ Yes No •
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
~ ~L . I~
c.../; - I Y - c:J
Date
J-
Signare(:she11fRlf Chief of Police)
MUSKEGON POLICE DEPARTMENT
LC-1800 (Rev. 07/06) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MCL 436.12 17 and R 436.1105; MAC national origin, color, marital status, disability, or political beliefs. If you need help wilh reading, writing, hearing, el c., under the Americans
Complelion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penall : No License
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION Pl NUMBER: Lj?:,°11 )v
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
APPLICANT/LICENSEE PHONE NUMBER
S1REET ADDRESS CITY TOWNSHIP COUNTY ZW
I. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES 'ft_ NO • NIA •
2. Describe the type of entertainment applicant/licensee will provide: NIA •
3. Will this entertainment include topless activity? YES • NO 'fl-.._ NIA •
DANCE PERMIT YES li1l NO • NIA •
ENTERTAINMENT PERMIT YES ii NO • NIA •
TOPLESS ACTMTY PERMIT YES • NO • .
NIA ~
DATE SUBMITTED
Z 3/ 72 'f- CJ 7/>p
PARTMENTNAME PHONE NUMBER
ADDRESS
LC-693N REV 5198
4880-0652
I'<~\__,~ Lj , \ s (J 'ti \,~
Michigan Department 6f Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 Request ID# '--\ ~9 :\ ~
Lansing, Michigan 48909-7505
Business ID# _ _ _ __
APPLICATION FOR OFFICIAL PERMIT FOR
DIFFERENCE IN HOURS OF OPERATION
[Authorized by MCL 436.1916 and R 436.1403]
Applicant or Licensee Name: Watermark Banquet and Conference Center, LLC
Address: 920 Washington Avenue, Muskegon, MI 49441
Type of License: _c:"",l"'a"'s"'s=-----'C"------------------=L'-"ic-=ec::ns,_,e'-'N'-'-o"-."-:~1,..,0'"0"'4'-'8""5'----'--'2'--'0"'0'-'7______
The MLCC is requested to grant an extended hours permit for: (check boxes that apply). INCLUDE A $70.00
INSPECTION FEE AND MAKE PAYABLE TO THE STATE OF MICHIGAN.
D Dance (To apply for this purpose you must have a separate Dance Permit issued by the MLCC)
D Entertainment (To apply for this purpose you may have to have a separate Entertainment Permit issued by the
MLCC).
~ Operating our restaurant for the sale of food (Must have a full Service kitchen)
D Operating night league bowling, tournaments or Sunday morning bowling
• Registering golfers
• Registering Skiers
• Registering Tennis Players
• Registration of Guests
D Meetings
D Special Events, Indicate below Specific Event or Events that will be occurring.
s::
'c::
,-,,
• Athletic Activities, Indicate below Specific Athletic activities that will be occurring. ' •'
r<,
co
• Others Please Specify Activities:
Page 1 of 2
Application for Difference in Hours of Operation (cont'd)
NOTE: The licensed premises may not be occupied by anyone except the licensee and bona fide employees who are
working between the hours of 2:30 A.M. and 12:00 Noon on any Sunday or from 2:30 A.M. until 7:00 A.M. on any other
day. Please indicate below the extended hours you are applying for to conduct the activities indicated on Page 1.
Weekdays ___ A.M. to ____ A.M. Note: Saturday night after midnight is Sunday and requires
Sunday hours if the premises is to be occupied after
2:30 A.M.
Sundays __7__ A.M. to __
12__ A.M. /P.M.
Will Licensee be conducting the requested activity? .(XJYES r NO
If no, attach a request for waiver of R 436.1437 and copy of concession and/or licensing agreement for person conducting
that activity.
It is understood that the licensee issued an extended hours permit shall not allow customers on the licensed premises
during the time period provided by the extended hours permit unless the activities, and only those activities, allowed by
the extended hours permit are occurring. If you apply for two separate activities and the activities are for different hours
you must fill out and attach a separate application. THIS PERMIT DOES NOT ALLOW THE SALE, SERVICE, OR
CONSUMPTION OF ALCOHOLIC LIQUOR DURING THE EXTENDED HOURS.
ISSUANCE OF THIS PERMIT REQUIRES APPROVAL BY YOUR LOCAL LAW ENFORCEMENT AGENCY. IF
MAKING APPLICATION FOR EXTENDED HOURS FOR DANCE OR ENTERTAINMENT A RECOMMENDATION
FROM THE LOCAL LEGISLATIVE BODY IS ALSO REQUIRED.
Your request will be referred to your local law enforcement agency and local legislative body (if needed) for their
recommendation upon receipt of a complete and acceptable application and the required $70.00 inspection fee.
THE LICENSEE/APPLICANT, AN AUTHORIZED CORPORATE OFFICER OR MEMBER OF A LIMITED LIABILITY
COMPANY MUST SIGN THIS APPLICATION.
Licensee or Applicant Signatures: Q~"~~
Moses Gross, Manager
CONTACT INFORMATION s
Name: Sarah Rooks 'C)
...---···,
Address: 930 Washinton Avenue Muskegon MI 494Jl
(street address) (city)
Phone· Number:
E-Mail Address:
(231) 727-0805
sarahr@wsteimarkcenter.com
ext. 25
-
Page 2 of 2
LC-1112 (Rev.10/2006) The Oepar1ment of Labor & Economic Growth will not discriminale against any individual or group because of race, sex, religion, age,
Authority: MCL 436.1916 and R 436.1403 national origin, color, marital status. disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Amenecms
Completion: Mandatory with Disabililies Act, you may make your needs known to this agency.
Penall . No License and/or Permit
LIQUOR LICENSE REVIE\V FOR.1,1:
BuSiness Name: /J/4tecrMclC ,/Jrwfud ,I- COJ//W:aa {Liu;, /j C
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
. _Ale,tc./ ,¼
New License O Transfer of Ownership~ Dance Permit A
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name [J New Entertainment Permit }2f
. . . sf. . . . . . 6. .✓i. o....m...___._.;l&
Ja
1/!__ c_.....
Other _ _ _ _ 1t........... ..... . . . . . .~4,
. . -'-.0. <'Z_~
................'./'. . . ,a. . ,s......
o...... /4....,.·R-·- -
Deadline for receipt of all information:
Public Safety Approved ff Denied 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 •
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature X .(J= L . I~
Please return to the City Clerk's Office
LIQUOR LICENSE REVIE\V FOR.J.,f
BuSiness Name: ohtecf/Jacl: &,ud ,t Coalmacc !11-cr;, llC .
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name.: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
. /lie.tu M
New License D Transfer Or Ownership~ Dance Permit A
Drop/Add Name on License D Transfer Location · •
Drop/Add Stockholder Name D New Entertainment Permit }2j
Deadline for receipt of all information:
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA •
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature__~-=---1.-., ~
_ __.:;._______________
Please return to the City Clerk's Office
LIQUOR LICENSE REVIE\V FOR.t\f
Business Name: !ihtecaw/C ,;JOIJf«d 1t. Coa/ercocc t1zie,,;. /LC
AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Address:
Reason for Review:
. /1/e,tu M
New License O T ransfer + I,.,,,,, @@3 ilii@·hdiio"l#i!·M,a-., ,ii:@ 113-<>i,·,hi§•ilai• -J,f§a-d 4 -- '
PARMENTER O'TOOLE
ATTORNEYS AT LAW
MUSKEGON COMMERCE BANK
MUSKEGON, Mi 49444 0047976
GENERAL ACCOUNT
601 TERRACE STREET• P.O. BOX 786 74-13831724
MUSKEGON, MICHIGAN 49443-0786
DATE CHECK AMOUNT
'~:-·
0
'
·~:: '< ••
I
PAY :. . ., l. -- "-" •C :;_,__:: __:,:,
TO THE
ORDER
OF
- --·
-..::. :
f;J.f'"
.-:I,':-
7,,..---, / ~
;;:.-·.s:,;-:O:~
,i" '\.
~ 1!11 Ml t-4!ffi
VOID AFTER 120, DAYS
~,, ,;J
J
.r..,,.
'°c. c"
,,,'-
WM!•i• 311 '!=l',iiiOH,frll 'f-iii:l#M\likl=i,Gf\,Pldlil ¾/oldri!Gi•h\l¼·!if..1--1i1#·i"'i®·f3•®I ,.,.fo#i•tf..i·'ilA*·•-1c-a•,,o,@:::1.\@@. i fJ!§ISr& i&fo@§iii\uiiti!Wiif •,"':#
11•0 I,? q? [;,11• ,:o? 2I, I, :18 :I 2,: I, 200 5 I, 5 qu•
City of Muskegon
City Clerk's Office
933 Terrace St DATE: April 16, 2008
Muskegon, Ml 49440 INVOICE# LL101
Phone (231) 724-6705 Fax (23 1) 724-4178 FOR: Liquor License
Transfer
Bill To:
Parmenter O'Toole
Attention: Keith McEvoy
601 Terrace Street
Muskegon, Ml 49440 Credit to G/L account# 101-00000-4203
· -DESCRIPTION - AMOUNT
Liquor License Transfer fee for Watermark Banquet & Conference Center, LLC, $ 250.00
920 Washington, Muskegon, Ml
,, ,.. ' '
,
,,.
TOTAL $ 250.00
Make all checks payable to City of Muskegon
If you have any questions concerning this invoice, con tact the City Clerk's Office at (231) 724-6705.
THANK YOU FOR YOUR BUSINESS!
Affomative Action
(231 )724-6703
FAX (231 )722- 121-1
Assessor
(23 I )72-1-6708
FAX (23 1)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
City Manager West Michigan's Shoreline City
(23 1)724-6724 www.shorellneclty.com
FAX (231)722- 1214
Civi l Service
(23 1)724-6716
FAX (23 1)724-4405
Clerk
(231 )724-6705
FAX (23 1)724-4178 April 25, 2008
Comm. & Neigh.
Services
(231 )724-6717
FAX (23 1)726-2501
Engineering Liquor Control Commission
(231 )724-6707 7150 Harris
FAX (231 )727-6904
PO Box 30005
Finance
(23 1)724-67 13
Lansing, MI 48909-7505
FAX (231 )724-6768
Fire Department REF: Reg ID #439730
(23 1)724-6792 Niblick Properties, L.L.C.
FAX (231 )724-6985
920 Washington
Income Tax Muskegon, MI 49441
(231 )724-6770
FAX (231)724-6768
Info. Technology
To Whom It May Concern:
(23 I )724-4 126
FAX (23 1)722-4301
Enclosed are Form LC-1800, LC-1636, LC-1305, LC693N, and LC-1112 for
Inspection Services Niblick Properties, L.L.C. This was recommended for approval by the City
(23 I )724-67 I 5
FAX (231 )728-4371 Commission at their April 22, 2008, City Commission Meeting.
Leisure Services
(23 1)724-6704 Please do not hesitate to call me at (231) 724-6:-~ - ., .. rn. :·\-- -:-- --~~?f
FAX(231)724-1196 ·u.S. Postal Serv{ce:;.1 T
Mayor's Office Sincerely,
..ll
U1
CERTIFIED MAILrM RECE I ,F:>
(231 )724-670 I
FAX (23 1)722-1214
SENDER: COMPLETE THis_SECTION · . . •·. coMPLETE TH1s sEcT,oN oN
' ' ,- ,· : - • • O•
oe:b ..,.-~ • • :· •I
1 '\IERY
• •'J"
Planning/Zoning
(231 )724-6702 • Complete items 1, 2, and 3. Also complete A. Signature • Ag
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enc. ON
1. Artlcle Addressed to:
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FAX (23 1)755-5290 City of Muskegon,~ (Transfer from service labelj
10~
PS Form 3811 , February 2004 Domestic Return Receipt
Date: April 14, 2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Muskegon Summer Celebration
SUMMARY OF REQUEST: Please see letter/request from the Muskegon Summer
Celebration. 2008's request is consistent with 2007's. There are no significant
changes.
FINANCIAL IMPACT: Request that rental fees be waived for any equipment used.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: None.
COMMITTEE RECOMMENDATION: The leisure Services Board approved this
event at their March 1y!h meeting.
February 19, 2008
R F: r·, 1c.:·.... , -1"1
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Bryon Mazade FFB '9
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City Manager
City of Muskegon
PO Box 536
Muskegon, MI 49443-0536
Dear Mr. Mazade:
The Muskegon Summer Celebration Committees are preparing for the
2008 festival to be held Thursday, June 26 through Sunday, July 6. We
are humbly requesting the following from City of Muskegon for the 2008
festival:
• Fireworks permits for July 4 and July 6. Both shows will be shot
from barges over Muskegon Lake. The July 4 show will be the bigger
of the two shoes and therefore anticipate the July 4 show to attract
the larger of the two crowds.
• Permission for exclusive use of Hackley Park from June 26 through
July 6.
• Permission for the exclusive use of Clay Avenue between Third and
Sixth Streets, and Fourth, Fifth and Sixth Streets between Webster
and Western and the city parking lot along Western Avenue across
from the LC Walker Arena for Art in the Park/Village Craft Market on
July 4, 5, & 6. In addition, we would request the use of Clay Avenue
between Third and Fifth streets on Thursday, July 3 for set up for the
weekend's activities. As part of this weekend, we will be creating a
Bistro on Clay Avenue, between Third Street and Fourth Street. This
will be a fenced in area approximately 80 by 30 with umbrella tables
and chairs. Wine by the glass and bottled beer will be available in
this area. There may also be a single jazz performer playing
throughout the weekend.
• Permission for the exclusive use of W. Western Avenue between Fifth
and Seventh on June 26, 27, & 28 for a BBQ event. Setup will be on
the 26th, with the event running on the 27 th and 28 th . There will be
'.vendors on the north side of the road and picnic tables along the
south side. There will be a fenced in area between the Depot and
Amazon with beer service and a band. Hours of operation will be 4:00
p.m. to 10:00 p.m. on Friday and 11:00 a.m. to 7:00 p.m. on
Saturday.
• Grant exclusive peddling and selling rights of any article from a stand,
stall, vehicle, pack or basket, or in any other manner, on any of the
following streets in the City in downtown Muskegon during the
festival: Webster, Muskegon, Pine, First, Second, Third, Fourth, Fifth,
Sixth, Seventh, Eighth, Ninth, Clay, Western, Shoreline Drive, Morris,
Terrace, Thayer, Jefferson, and Division. In addition we would
request exclusive peddling and selling rights for all City-owned
property in the downtown area.
• That the City notify the Summer Celebration of any request for use of
City facilities during the time of the Summer Celebration before
granting permission for its use.
• Permission for the exclusive use of Shoreline Drive beginning at the
bridge near Port City Paint, turning at Fourth Street, and ending at
Hackley Park on Saturday, June 28 from 8:30 a.m. to 12:30 p.m. for
the parade route. In addition we would like to use Clay from Third to
Fourth on Saturday, July 7 from 9:00 a.m. to 2:00 p.m. for bus and
vehicle parking for parade disbanding.
• Permission to use Western Avenue between Seventh and Eighth
Streets and the adjacent grassy area June 26 - July 6 for Club SC.
This area will be on the grass, fenced in, and include food and
beverage service. Hours of operation will be 5:00 p.m. to 10:00 p.m.
• Permission to sell liquor as part of our liquor license. The liquor
would be served at our Tiki Bar area on the point in the concert area.
This is the ONLY location where these drinks would be available for
purchase. The contracted vendor would again control the percentage
of alcohol per drink as they did the last years.
• Permission to use the equipment listed on the attached application.
While we understand the need to reimburse the City for all labor
costs, we would ask that the rental fee be waived for any equipment
we borrow. In exchange we will provide an equal monetary value of
the rental costs in Summer Celebration concert tickets. This
exchange would be coordinated through the City Manager.
• Summer Celebration be able to use its own labor pool rather than City
employees whenever possible for many tasks previously done by City
employees. ' ·
• The City provide a complete, detailed accounting of every hour
charged back to Muskegon Summer Celebration.
• Any additional labor or equipment use not outlined on this
application be cleared through Summer Celebration first, unless of
course, it is an emergency or matter of public safety.
• The executive director and the appropriate staff members meet prior
to the event to evaluate and review staffing levels for any and all city
personnel whose time is to be reimbursed by the festival.
On behalf of the Summer Celebration Committee, I want to thank you
and the City for your continued support of the festival. Without that
help it would not enjoy the success it does. We look forward to working
with you again in 2008.
Joe Austin, Executive Director
Cc: Bryon Mazade, Chairperson, Board of Trustees
Date: April 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Intersections improvements on US-31 BR at
Sherman & Hackley
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the intersections improvements on
Seaway Dr. (US-31 BR) at Sherman & Hackley and to approve the attached
resolution authorizing the Mayor and City Clerk to sign the contract. The proposed
work consists of creating a right turn lane on north bound seaway at Sherman *
Hackley.
FINANCIAL IMPACT:
While this is an MOOT project the city's participation is required under ACT-51since
the project falls within the City limits. The City's share is estimated at $5,550 but not
more than 11.25% of eligible cost. The total cost of the project is estimated @
$246,400.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the 08 Major
street fund, as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2008-36 ( j)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICH IGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
INTERSECTIONS IMPROVEMENTS ON US-31BR (SEAWAY DR.) AT SHERMAN & HACKLEY
TOGETHER WITH THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK ANNE M. BECKER TO EXECUTE SAID
CONTRACT
Moved by Vice Mayor Gawron and supported by
Commissioner_--=C-=a=r--=t--=e=r_ _ _ _ _ _t.hat the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 07-5722 between the Michigan
Department of Transportation and the City of Muskegon for the INTERSECTIONS IMPROVEMENTS
ON US-31BR AT SHERMAN & HACKLEY within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 07-5722 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
nd
22_ A pr 1' l
Adopted this_ _ _ _day of , 2008.
BY
Stephen
ATTES~ ~ ~ ~ " l
Ann M. Becker, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
Apr i 1 2 2 , 2008. 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
1
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Ann M. Becker, Clerk
DAB
FEDERAL AID PROGRESS PAYMENT Control Section CM 61151
Job Number 100637A; 100637C
Federal Project CM 0861(386);
CM 0761(031)
Federal Item RR 6338; RR 6026
Contract 07-5722
THIS CONTRACT is made and entered into this date of MAY O8 2008 , by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to
as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "CITY"; for the purpose of fixing the rights and obligations of the
parties in agreeing to construction improvements located within the corporate limits of the CITY.
WITNESSETH:
WHEREAS, the parties hereto anticipate that payments by them and contributions by
agencies of the Federal Government or other sources will be sufficient to pay the cost of
construction or reconstruction of that which is hereinafter referred to as the "PROJECT" and
which is located and described as follows:
Intersection improvements on Highway US-3 lBR at the northerly quadrants with
Sherman Avenue and at all four quadrants with Hackley Avenue including
drainage and safety improvements; together with necessary related work, located
within the corporate limits of the CITY; and
WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter
defined in Section 1 to be: $246,400; and
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
1. The CITY hereby consents to the designation of the PROJECT as a state trunkline
highway. The parties shall undertake and complete the construction of the PROJECT as a state
trunkline highway in accordance with this contract. The term "PROJECT COST", as herein
used, is hereby defined as the cost of construction or reconstruction of the PROJECT including
the costs of preliminary engineering, plans and specifications; acquisition costs of the property
~~~for -right&- of-way, including interest on awards, attorney fees and court costs; physical
05/29/87 APA.FOR 3/20/08 1
construction necessary for the completion of the PROJECT as determined by the
DEPARTMENT; and construction engineering, legal, appraisal, financing, and any and all other
expenses in connection with any of the above.
2. The cost of alteration, reconstruction and relocation, including plans thereof, of
certain publicly owned facilities and utilities which may be required for the construction of the
PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such
cost determined by the DEPARTMENT, prior to the commencement of the work, to constitute a
betterment to such facility or utility, shall be borne wholly by the owner thereof.
3. The CITY shall make available to the PROJECT, at no cost, all lands required
thereof, now owned by it or under its control for purpose of completing said PROJECT. The
CITY shall approve all plans and specifications to be used on that portion of this PROJECT that
are within the right of way which is owned or controlled by the CITY. That portion of the
PROJECT which lies within the right of way under the control or ownership by the CITY shall
become part of the CITY facility upon completion and acceptance of the PROJECT and shall be
maintained by the CITY in accordance with standard practice at no cost to the DEPARTMENT.
The DEPARTMENT assumes no jurisdiction of CITY right of way before, during or after
completion and acceptance of the PROJECT.
4. The parties will continue to make available, without cost, their sewer and drainage
structures and facilities for the drainage of the PROJECT.
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. The balance of the PROJECT COST shall be charged to and paid by the
DEPARTMENT and the CITY in the following proportions and in the manner and at the times
hereinafter set forth:
DEPARTMENT- 88.75%
CITY 11.25%
The PROJECT COST and the respective shares of the parties, after Federal-aid, 1s
estimated to be as follows:
TOTAL BALANCE
ESTIMATED FEDERAL AFTER DEPT'S CITY'S
COST AID FEDERAL AID SHARE SHARE
Constr. & CE $217,300 $173,800 $43,500 $38,600 $4,900
PE $ 29,100 $ 23,300 $ 5,800 $ 5,150 $ 650
TOTAL $246,400 $197,100 $49,300 $43,750 $5,550
The engineering costs chargeable to the DEPARTMENT and the CITY will be
established in the same ratio as the actual direct construction costs.
05/29/87 AFA.FOR 2/4/08 2
Participation, if any, by the CITY in the acquisition of trunkline right-of-way shall be in
accordance with 1951 P.A. 51 Subsection Id, MCL 247.651d. An amount equivalent to the
federal highway funds for acquisition of right-of-way, as would have been available if
application had been made thereof and approved by the Federal government, shall be deducted
from the total PROJECT COST prior to determining the CITY'S share. Such deduction will be
established from the applicable Federal-Aid matching ratio current at the time of acquisition.
6. The DEPARTMENT shall maintain and keep accurate records and accounts
relative to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the
CITY on a biweekly basis for the CITY'S share of the cost of work performed to date, less all
payments previously made by the CITY. No biweekly billings of a lesser amount than $1,000
shall be made unless it is a final or end of fiscal year billing. All billings will be labeled either
"Progress Bill Number _ _ _ _ ", or "Final Billing". Upon completion of the PROJECT,
payment of all items of PROJECT COST and receipt of all Federal Aid, the DEPARTMENT
shall make a final billing and accounting to the CITY.
7. In order to fulfill the obligations assumed by the CITY under the provisions of
this contract, the CITY shall make prompt payments of its share of the PROJECT COST upon
receipt of progress billings from the DEPARTMENT as herein provided. The CITY shall be
billed for their share of the preliminary engineering costs upon award of the PROJECT. All
payments will be made within 30 days of receipt of billings from the DEPARTMENT. Billings
to the CITY will be based upon the CITY'S share of the actual costs incurred less Federal Aid
earned as the work on the PROJECT progresses.
8. Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a
sufficient amount of funds received by it from the Michigan Transportation Fund to meet its
required payments as specified herein.
9. If the CITY shall fail to make any of its required payments when due, as specified
herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the
State of Michigan or such other state officer or agency having charge and control over
disbursement of the Michigan Transportation Fund, pursuant to law, of the fact of such default
and the amount thereof, and, if such default is not cured by payment within ten ( I 0) days, said
State Treasurer or other state officer or agency is then authorized and directed to withhold from
the first of such moneys thereafter allocated by law to the CITY from the Michigan
transportation Fund sufficient moneys to remove the default, and to credit the CITY with
payment thereof, and to notify the CITY in writing of such fact.
10. The DEPARTMENT shall secure from the Federal Government approval of
plans, specifications, and such cost estimates as may be required for the completion of the
PROJECT; and shall take all necessary steps to qualify for Federal Aid such costs of acquisition
of rights of way, construction, and reconstruction, including cost of surveys, design, construction
engineering, and inspection for the PROJECT as deemed appropriate. The DEPARTMENT may
elect not to apply for Federal Aid for portions of the PROJECT COST.
05/29/87 APA.FOR 2/4/08 3
11. This contract is not intended to increase or decrease either party's liability, or
immunity from, tort claims.
12. All of the PROJECT work shall be done by the DEPARTMENT.
13. In connection with the performance of the PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set
forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and will
require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract. The parties will carry out the applicable requirements of the
DEPARTMENT'S Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26,
including, but not limited to, those requirements set forth in Appendix C.
05/29/87 APA.FOR 2/4/08 4
14. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the CITY and for the
DEPARTMENT; upon the adoption of a resolution approving said contract and authorizing the
signatures thereto of the respective officials of the CITY, a certified copy of which resolution
shall be attached to this contract; and with approval by the State Administrative Board.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
ment Director MDOT
~
By
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Title: Ann Marie Becker, MMC
City Clerk jr-
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APPROVED STATE
ADM.BOARD
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I
05/29/87 AFA.FOR 2/4/08 5
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex,
height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No.
478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or
indirectly related to employment, because of a disability that is unrelated to the individual's ability to perform the
duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this
contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this
Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated
without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that
is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said
labor union or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of
investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the
Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has
not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its
order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and
officers, and including the governing boards of institutions of higher education, until the contractor complies with said
order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of
the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In
any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the
contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights
Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03192)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49,
Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of this
contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall
not participate either directly or indirectly in the discrimination prohibited ·by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor is
in the exclusive possession of another who fails or refuses to furnish this information, the contractor
shall so certify to the Michigan Department of Transportation, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall
impose such contract sanctions as it or the federal Highway Administration may determine to be
appropriate, inclu~, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6
of every subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Michigan Department of Transportation or the
Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in,
or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
contractor may request the Michigan Department of Transportation to enter into such litigation to
protect the interests of the State, and, in addition, the contractor may request the United States to
enter into such litigation to protect the intel'ests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration
( or a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and
administration of US DOT-assisted contracts. The recipient's
DBE program, as required by 49 CFR Part 26 and as
approved by US DOT, is incorporated by reference in this
agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as
a violation of this agreement. Upon notification to the
recipient of its failure to carry out its approved program, the
department may impose sanctions as provided for under Part
26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR Part 26 in the award
and administration of US DOT-assisted contracts. Failure by
the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of
this contract or such other remedy as the recipient deems
appropriate.
Date: April 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Isabella, Ambrosia to Williams (H-1633) & Ada, Wood to Chestnut (W-
695)
SUMMARY OF REQUEST:
Award the Ada & Isabella construction contract to Schippers Excavating out of West Olive
since they were the lowest responsible bidder with a total bid price of $406,048.00, see
attached bid tabulation. The contract consists of both Ada water main replacement (W-
695) & Isabella (H-1633) projects which were combined into one contract.
FINANCIAL IMPACT:
The construction cost of $406,048.00 plus engineering cost which is estimated at an
additional 15%.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Schippers Excavating.
COMMITTEE RECOMMENDATION:
O:\ENGINEERING\COMMON\2008 PROJECTS MASTERIPROJECTSIADA AVE, WOOD TO MAPLE\WORDICONAWA
Isabella & Ada 04-22-08.doc
ADA AVENUE, WOOD ST. TO CHESTNUT ST. W-695
WATERMAIN IMPROVEMENTS
BID TABULATION - 04/15/08
CONTRACTOR SCHIPPERS EXCAVATING BRENNER EXCAVATING MCCORMICK SAND, INC. MILBOCKER & SONS VAOEL STABILIZATION, INC KAMMJNGA & ROOOVOETS ELCO CONTRACTORS, IN
5430 RUSSELL RO. 1256 29TH ST. 2500 N. OCEANA OR. 3435 BROADMOOR AVE. S 856 PULASKI AVE.
-
ADDRESS ENGINEER'S 9829 LAKE MICHIGAN OR 2841132NOAVE.
CITY/ST/ZIP ESTIMATE WEST OLIVE, Ml 49460 HOPKINS. Ml 49328 TWIN LAKE, Ml 49457 AU.EGAN, Ml 49010 HART, Ml 49420 GRANO RAPIDS, Ml 49512 MUSKEGON, Ml 49441
ITEM OF WORK UNIT QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PR ICE UNIT PRICE TOTAL PRICE
1 BEND 45• 8" 0.1. M,J. EACH 6 $345.00 52,070.00 $ 300.00 $ 1.800.00 S 241.00 S 1.446.00 S 337.00 S 2,022.00 S 250.00 $ 1,500.00 S 275.DD $ 1.650.00 $ 290.0D S 1.740.00 $ 400.00 S 2,400.00
2 CAP 8~ D.I. M.J. W/2" TAP AND PLUG EACH 2 $350.00 $700.00 S 250.DO $ 500.00 S 251.00 S 502.00 S 265.00 S 530.00 S 170.00 $ 340.00 S 1,000.00 S 2,000.00 $ 565.00 S 1,130.00 $ 900.00 $ 1,800.00
CORP. STOP 1M MUELLER #15000 OR EQUAL EACH 15 $175.00 $2,625.00 $ 150.00 S 2,250.00 $ 170.50 $ 2,557.50 S 232.00 $ 3,480.00 S 290.00 $ 4,350.00 $ 275.00 $ 4,125.00 $ 125.00 S 1,875.00 $ 200.00 S 3,000.00
3
4 CORP. STOP 2" MUELLER #15000 OR EQUAL EACH 1 $350.00 $350.00 $ 400.00 $ 400.00 S 345.00 S 345.00 S 640.00 S 640,00 S 470,00 $ 470.00 S 650.00 $ 650.00 S 310.00 S 310.00 $ 600.00 S 600.00
5 CROSS 8" 0.1. M.J. EACH 1 $575.00 $575.00 S 500.00 S 500.00 S 498.00 $ 498.00 $ 686.00 $ 686.00 S 600.00 $ 600.00 S 560.00 $ 560.00 S 810.00 S 810.00 S 500.00 S 500.00
6 CURB STOP 2~ W /BOX MUELLER #15150 OR EQUAL EACH 1 S350.00 $350.00 S 400.00 $ 400.00 S 406.00 $ 406.00 $ 525.00 S 525.00 S 500.00 $ 500.00 S 650.00 S 650.00 $ 395.00 S 395.00 $ 500,00 S 500.00
7 CURB STOP 1~ W /BOX MUELLER#1S150 OR EQUAL EACH 6 S175.00 S1,050.00 $ 200.00 S 1,200.00 S 243.00 S 1,458.00 $ 328.00 S 1,968.00 $ 360,00 $ 2,160.00 $ 275.00 S 1,650.00 S 280.0D $ 1,680.00 $ 200.00 S 1.200.00
8 CUT AND CAP 4" WATERMAIN- EACH 3 $800.00 S2,400,00 $ 200.00 S 600.00 S 107.50 $ 322.50 S 702.00 $ 2,106.00 S 500.00 $ 1.soo.00 $ 1,000.00 S 3,000.00 $ 485.00 S 1 ,455.00 $ 700.00 S 2,100.00
9
10
EROSION CONTROL, INLET PROTECTION, FABRIC DROP
HYDRANT STO.
EACH
EACH
•3 s100.00
$1,760.00
$800.00 $ 100.00 S
$5,280.00 $ 1,750.00 S
800.00 S 128.50
5,250.00 S 2,164.50 S
$ 1,028.00 S
6,493.50
47.00 $
$ 1,766.00 $
376.00
5,298.00
S 80.00 $
S 1,900.00 $
640.(lO S 120.00
5,700.00 S 1,925.00
$
$
960.00 S
s .n5.oo
100.00
S 1,550.00 $
S 800.00
4.650.00
S 500.00 S
S 2,100.00 S
4,000.00
6,300.00
11 REDUCER 8" X r 0.1. M.J. EACH 2 S300.00 $600.00 $ 250.00 S 500.00 S 213.00 S 426.00 $ 298.00 S 596.00 S 210.00 $ 420.00 S 240.00 $ 480.00 S 250.00 $ 500.00 S 500.00 S 1,000.00
12 REMOVING TREES 25' • 36'' EACH 1 S500.00 $500.00 $ 750.00 S 750.00 S 937.00 S 937.00 $ 950,00 S 950.00 S 750.00 $ 750.00 S 1,200.00 $ 1,200.00 $ 510.00 $ 510.00 $ 4,000.00 S 4,000.00
13 SLEEVE. 6~ D.l. MJ. LONG EACH 1 S400.00 $400.00 $ 250.00 S 250.00 S 180.00 $ 180.00 $ 561 .00 S 561 .00 S 650.00 $ 650.00 S 1,000.00 $ 1.000.00 S 1 ,21 0.00 $ 1,210.00 S 500.00 S 500.00
14 SLEEVE, 8~ D.!. MJ. LONG EACH 1 $450.00 5450.00 $ 275.00 S 275.00 S 252.00 $ 252.00 S 420.00 S 420.00 S 850.00 $ 850.00 S 1.000.00 S 1.000.00 $ 1 ,300.00 $ 1.300.00 S 600.00 S 600.00
15 TAPPING SLEEVE AND VALVE 15• X s ~ W/BOX EACH 2 $4,000.00 $8,000.00 $ 2,350.00 S 4,700.00 S 3,038.00 $ 6,076.00 $ 2,739.00 S 5,478.00 S 2,600.00 $ 5,200.00 S 3,100.00 $ 6.200.00 S 2.350.00 $ 4,700.00 S 4,000.00 $ 8,000.00
16 TAPPING SLEEVE AND VALVE 6~ X 6~ W/BOX EACH 1 S2.800.00 S2.800.00 $ 1,650.00 S 1,650.00 S 2.030.00 $ 2,030.00 $ 1,825.00 S 1,825.00 S 2.000.00 $ 2,000.00 S 2.300.00 $ 2.300,00 $ 1 ,500.00 $ 1,500.00 $ 3 ,100.00 $ 3,100.00
17 TEE 8" X 8' X 6' O.L M.J. EACH 3 $400.00 s1.200.00 s 350.00 $ 1,050.00 $ 353.00 S 1.059.00 S 486.00 $ 1,458.00 S 350.00 S 1,050.00 S 390.00 S 1.170.00 $ 395.00 S uas.oo s 500.00 $ 1,500.00
18 TRAFFIC CONTROL LUMP 1 55,000.00 ss.000.00 $ 3,350.00 S 3,350.00 S 5,243.00 $ 5,243.00 $11,969.00 $ 11,969.00 S 7,805.00 $ 7,805.00 S 5,200.00 S 5.200.00 S 6,800.00 S 6,800.00 $ 4,600.00 $ 4,600.00
19 TRENCH REPAIR LOCAL ST, TYPE Ill UN.FT. 1177 S25.00 $29,425.00 S 25.00 S 29.425.00 S 27.70 S 32,602.90 S 23.00 $ 27,071.00 $ 39.30 S 46,256.10 S 55.30 $ 65.088.10 $ 28.00 $ 32,956.00 S 36.00 $ 42,372.00
20 TRENCH REPAIR SPECIAL LIN.FT. 348 $30.00 $10,440.00 $ 30.00 S 10,440.00 S 41,25 S 14,355.00 $ 20.00 S 6,960.00 $ 42.00 S 14,616.00 S 27.50 S 9,570.00 S 22.00 S 7,656.00 S 62.00 $ 21,576.00
21 VALVE GATE 6~ M.J. W/BOX EACH 3 S625.00 S1.875.00 S 550.00 $ 1,650.00 S 767.00 $ 2,301.00 $ 814.00 $ 2,442.00 $ 690.00 S 2,070.00 S 925.00 $ 2.ns.00 s 550,00 S 1,650.00 S 700.00 $ 2,100.00
22 VALVE GATE 8~ M.J. W/BOX EACH 3 S800.00 $2,400.00 $ 750.00 $ 2,250.00 s , .on.co s 3,231.00 $ 1,035.00 S 3,105.00 $ 960.00 S 2,880.00 $ 1,050.00 S 3,150.00 S 715.00 $ 2,145.00 S 800.00 S 2,400.00
23 WATER METER PIT COMPLETE EACH 9 $675.00 ' 56,075.00 $ 650.00 S 5,850.00 S 745.CO S 6.705.00 $ 690.00 S 6,210.00 $ 900.00 $ 8,100.00 S 650.00 S 5,850.00 S 750.00 S 6,750 .00 S 400.00 $ 3,600.00
24 WATER SERVICE 1~ TVPE • K° COPPER LIN.FT. 486 S18.00 SB.748.00 $ 18.00 S 8,748.00 S 13.00 $ 6,318.00 $ 13.00 S 6.318.00 S 21 .00 S 10,206.00 S 14.00 $ 6.804.00 S 28.00 S 13.608.00 S 24.00 S 11,664.00
25 WATER SERVICE 2• TYPE ·K~ COPPER LIN.FT. 40 $50.00 $2,000.00 S 28.00 S 1,120.00 S 25.00 $ 1.000.00 $ 27.00 S 1,080.00 $ 33.00 $ 1,320.00 S 25.00 S 1,000.00 S 45.00 $ ,.aoo.oo s 40.00 S 1,600.00
26 WATER VALVE BOX ANO COVER EACH 1 S350.00 S350.00 S 200.00 S 200.00 S 359.00 S 359.00 $ 264.00 $ 264.00 $ 270.00 $ 270.00 S 285,00 S 285.00 S 3SO.OO S 360.00 S 300.00 $ 300.00
27 WATERMAIN s• 0.1. CL 52 LIN.FT. 54 $40.00 $2.1 60.00 $ 33.00 $ 1,782.00 S 32.00 $ 1.728.00 $ 34.00 S 1,836.00 $ 31.00 $ 1.674.00 $ 40.00 $ 2,160.00 S 46.00 $ 2,484.00 $ 41.00 $ 2,214.00
28 WATERMAIN 5• D.I. CL 52 LIN.FT. 993 $35.00 $34.755.00 S 36.00 $ 35,748.00 S 33.00 S 32,769.00 S 42.00 S 41,706.00 $ 36.00 S 35.748.00 S 30.50 S 30,286.50 S 42.00 $ 41,706.00 S 47.00 $ 46,671 .00
TOTAL $ 133,378.00 S 123,438.00 $ 132,628.40 S 137,880.00 S 159,625.10 S 166,538.60 $ 143.665.00 S 180,197.00
PROJECT TOTALS
!SABELLA $ 314,044.00 $ 282,610.00 S 282,1 97.SST S 285,550.00 S 284.920.70 S 281,443.55 $ 308,990.55 $ 367,800.00
ADA S 133,378.00 S 123,438.00 S 132,628AOT S 137,880.00 S 159,625.10 S 166,538.60 $ 143,665.00 $ 180,197.00
PROJECT TOTAL $447,422.00 I S406,048.00 $414.825.9S $423,430.00 $444.545.80 $447,982.15 S452,655.55 I I S547,997 .00
20F2
Date: April 22, 2008
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Micro-Sutfacing of Lakeshore Dr. between
Laketon Ave. & Michigan Ave.
SUMMARY OF REQUEST:
Authorize staff to enter into a maintenance agreement with Terry Asphalt to micro
surface Lakeshore Dr. from Laketon to Michigan Ave. as per the attached proposal.
Terry Asphalt has a contract with Norton Shores to perform similar projects and they
agreed to extend the unit prices to the City of Muskegon.
FINANCIAL IMPACT:
The estimated cost of $47,000.
BUDGET ACTION REQUIRED:
None at this time. This project if approved will be added to the budget's first
quarter forecast.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Terry Asphalt to perform the tasks
outlined in the attached proposal.
COMMITTEE RECOMMENDATION:
April 10, 2008
The City of Muskegon
Attn: Mr. Mohammed S. AI-Shatel
1350 E Keating Ave
Muskegon,Ml49442
LAKE SHORE DRIVE IN THE CITY OF MUSKEGON
MICRO-SURFACING AGREEMENT DESCRIPTION
POB. Laketon Avenue
Pavement Condition: Good cross sectibn, light raveling and moderate, fine cracking,
pot holes and a couple of areas requiring bituminous patching to be handled by the
City.
POE. Michigan Avenue
TOTAL SQUARE YARDS FROM THE ABOVE= 10,964 SqYd
RECOMMENDATIONS:
The street listed above is at the point where the pavement is beyond a crack sealing
treatment Due to the loss of fines and the extensive amount of cracking, an interlayer
followed by a surface course of Micro-Surface is a better more cost effective fix.
The interlayer/ Chip seal materials are as follows:
• Emulsion - CRS-2M (Applied@ .45gal / SqYd)
• Stone - MOOT approved 29A (tested to be compatible with CRS-2M)
TOTAL COST FOR THE INTERLAYER: 10,964 SqYd@$2.59/sqyd = $28,396
Micro-Surface Course.
• Applied@ 18 - 20Ibs / SqYd
TOTAL COST FOR THE MICRO SURFACE COURSE: 10,964 SqYd@$1.69/sqyd =
$18,529
TOTAL COST FOR LAKE SHORE DRIVE FROM LAKETON TO MICHIGAN
$46,925
This pricing is base on coordinating this project with other work when we are in the area.
Payment Terms: Net 30 days from commencement of project.
Sincerely,
Malcolm Smith
Terry Asphalt Materials Inc.
1950 Williams Street
Alma, Ml 48801
Cell 616-822-4357
Telephone 989-463-1323
ASPHALT MATERIALS INC
Tomorrow's Asphalt Solutions - Today
Mayl, 2008
City of Muskegon
Mr. Mohammed S. Al-Shatel P.E.
1350 E Keating
Muskegon, Michigan 49442
Re: Lake Shore Drive in the City of Muskegon from Laketon Avenue to Michigan A venue
Dear Mr. Al-Shatel
Terry Asphalt Materials, Inc. is pleased to present the following proposal for your review.
We will furnish all labor, equipment and materials to complete the following scope of work:
1) Stress Absorbing Membrane Interlayer (SAMI) - 10,964 Square Yards
Clean pavement to remove all debris and vegetation. Install 10,964 square yards
Of (SAMI) and compact with a rubber tire roller.
2) Microsurfacing Single course 10,964 Square Yards
Install 10,964 square yards of Microsurfacing single course per specifications.
3) Pavement Marking Removal and Replacement
Remove existing pavement markings and clean debris.
Apply temporary striping as needed during construction.
4) Partial Depth Repair
Pot holes and Bit patching and structure adjustment will be handled by the City of
Muskegon prior to resurfacing.
8600 Berk Blvd. Hamilton,Ohio 45015 • 513/ 874-6192 • Fax 513/874-6540
An Equal Opportunity Employer
Item Quantity Unit Price Extension
3)SAMI 10,964 Sq/Yd $2.59 per Sq/Yd $28,396.00
4) Microsurfacing 10,964 Sq/Yd $1.69 per Sq/Yd $18,529.00
Total Estimate $ 46,925.00 ;H. L
CONDITIONS:
Proposed quantities are based on site conditions observed on April 29, 2008.
This proposal includes only the scope of work listed above. Any alteration or deviation from this
scope of work may result in additional costs and must be contracted for in writing and signed by an
authorized representative of Terry Asphalt Materials, Inc.
All work shall be completed in a workmanlike manner according to standard practices and all
Materials are guaranteed as specified
Prices are based on I mobilization. Additional mobilizations will be billed at $2,500 per mob.
Work to be completed in May 2008.
Unit price items will be billed per installed quantities.
Applicable sales tax is included. N/1'} ,,,, , r,
Terms are net 30 days from date of invoice.
Notes:
Existing pavement is expected to support the weight of normal construction loads.
Terry Asphalt Materials, Inc. is not responsible for sub base problems or damage to pavement
surfaces due to construction equipment required to complete this project.
Power steering marks are normal and are not be a cause for concern.
The new surface will remain tender for a few weeks.
Terry Asphalt Materials, Inc is not responsible for damage to finished surface by others including
humans, animals or vehicles tracking fresh material. u-n, ~ J n. ~ -· ",.,. =. I "' ,·,
//),,.
OWNER TO FURNISH:
Owner is responsible for locating, marking and protecting all utilities within the project area.
Owner is responsible for handling and removal of hazardous waste materials if encountered.
Owner is responsible for all license, permits, fees or inspections.
Owner shall furnish an onsite staging area for equipment and material storage.
Owner shall supply construction water on site.
Please call with any questions.
Thank you,
Malcolm R. Smith
Terry Asphalt Materials, Inc.
989-463-1323-Office
616-822-4357 Cell Phone
salesman@terryindustries.com
Approval:
The above prices, specifications and conditions are hereby accepted. Terry Asphalt Materials, Inc. is
authorized to perform the work as specified. Acceptance indicates that funds are available for this
work and payment will be made to TAMI as outlined above.
Dan Koeninger - President, Terry Asphalt Materials Inc. Date
Commission Meeting Date: April 22, 2008
Date: April 15, 2008
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Approval of Contract with Nova Development Group to
Partner with CNS Office
SUMMARY OF REQUEST: To approve for the Community and Neighborhood
Services office to develop a partnership with Nova Development Group of
Detroit, Ml, to do approximately 20 owner-occupied energy conservation
projects through the City's Emergency Repair and Siding programs.
The Nova Development Group has a grant through the Michigan Public
Service Commission and the Michigan State Housing Authority to partner with
local communities to assist low income residents to make their homes energy
efficient. According to the guidelines of the grant, the local community is
responsible for a 50% match with Nova Development Group. The CNS office
would like to direct $50,000 to $75,000 of combined CDBG Emergency and
Siding funding to assist with the energy conservation on 20 2008 - 2009 fiscal
year projects. Nova Development Group must have all their State funding
spent by August 15, 2008.
FINANCIAL IMPACT: The partnership should assist the CNS office with
spending less scarce funding, while simultaneously helping the clients make
their homes more energy efficient.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the CNS office request.
COMMITTEE RECOMMENDATION: None
\
Michigan Public Service Commission/Nova Development Group
2007 /2008 Energy Efficiency Improvement Program
The MPSC set up the Low Income Energy Conservation Grant (LIEEG) fund as an alternative to bill
payment assistance with initiative to reduce the disparity in the percentage of household income paid by
low income and middle income families for fuel costs (middle income pay 6%-12%, low-income 20%-
40%).
Nova Development Group of Detroit, LLC has won six such grants from the Michigan Public Service
Commission over the last five years to perform energy conservation measures in Michigan multi-family
affordable housing units. Nova's program, as accepted and approved by the MPSC, is a funding match
program where property owners generally contribute 50% to 60% toward total job costs. Nova/MPSC
subsidy pays the remainder.
The "five-point-plus" energy saving up-grade program promises properties in need an estimated 20% -
30% reduction in energy consumption. The following improvements are available:
• Insulation and venting: attic and or walls
• Window replacement
• Smart Thermostats
• Water Heater Blankets
• Compact florescent light bulbs.
Boiler/furnace replacement and new entry doors may be considered on a case-by-case basis. Nova
Development Group of Detroit, LLC is a State of Michigan Licensed Builder, insured as a General
Contractor, and acts as the General Contractor for any Nova/MPSC project. Sub-contracts are
competitively bid and approved by the State.
Upon expression of program interest from Property owner and subsequent determination of capital need,
an income certification process is required to insure that the individual households participating in the
program are eligible (community average under 250% of State poverty level).
In turn for the value of the MPSC contribution to any project, the owners must agree not to evict
participating tenants or raise rent based on the intrinsic value of the improvements, further insuring that
the cash value of any fuel consumption reduction resulting from the up-grades is passed through to the
participating Tenants who by contract are termed as third party beneficiaries.
For further information about the MPSC, its services and programs go to, , or
call the MPSC @ (517) 241-6180. For specific information about the Nova Program call - 313 - 378 -
1036.
File: Nova-MPSC LIEEG Program
(draft)
An Agreement to Provide Energy Efficiency Upgrades,
Including Replacement Windows, at Qualified Owner-Occupied Homes
Located in the City of Muskegon
This agreement is entered into this _day of March, 2008 between Nova
Development Group of Detroit, LLC (Nova), and the City of Muskegon,
WHEREAS: Nova Development Group of Detroit LLC (Nova) has been awarded
grant funds by the Michigan Public Service Commission (MPSC), in accordance with
Grant Agreement Index No 89035, Grant No. PSC-08-06, pursuant to federal and
state laws, rules and regulations governing such grants, for the purpose of providing
low-income families in Michigan with energy efficiency upgrades in their homes,
and;
WHEREAS, by the terms of the abovementioned Grant Agreement, the Michigan
Public Service Commission has empowered Nova Development Group of Detroit,
LLC to allocate subsidies and provide service based on the income requirements
specified in Exhibit C, which is attached to this agreement, meeting or exceeding
the minimum low-income income limits established by the US Department of
Housing and Urban Development.
WHEREAS, this agreement establishes an Energy Efficiency Project for selected
homes in the Muskegon neighborhoods, valued at an estimated $200,000, and a
specific funding component herein, pertaining to the use of the Community
Development Block Grant (CDBG) funds for the limited purpose of installing Energy
Star approved replacement windows and or other energy efficiency improvement at
selected eligible homes, and;
WHEREAS: City of Muskegon (City) is committed to reducing utility bills for low-
income homeowners, with is able to commit $50,000 of Community Development
Block Grant (CBDG) funds and $50,000 from other funding sources, towards this
purpose on or about June 1, 2008.
WHEREAS: Nova is willing to commit $100,000 of MPSC grant funds to a
collaborative Nova/MPSC/Muskegon Neighborhood Energy Efficiency Improvement
Project that provides replacement windows and other energy saving upgrades in
selected, eligible homes that will be chosen by the City consultation with NOVA,
provided that City contributes $100,000 (inclusive of the $50,000 CDBG allocation)
in funding toward the collaborative project, and;
Commission Meeting Date: April 22, 2008
Date: April3,2008
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,r?;,(.,
RE: Public Hearing • Request for an Industrial Facilities Exemption
Certificate - Alloy Resources Corp.
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Alloy Resources Corp, 2281 Port City
Blvd., has requested the issuance of an Industrial Facilities Tax Exemption Certificate. The
improvements were completed in October of 2007 and !FT guidelines state that the
company has up to six months after project competition to file the application. The total
capital investment was $1,025,000 in personal property. The investment has also created
six new jobs. This qualifies them for a tax abatement of seven (7) years for personal
property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of seven (7) years for personal property.
COMMITTEE RECOMMENDATION:
None
4/3/2008
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Wt'<'il-l\Iltlligan·5 Stiorellne CH.y
Project Summary:
Alloy Resources, Corp., a new manufacturing company located at 2281 Port City Blvd.,
Muskegon, Michigan, has installed new machinery at its location to begin operation. According to IFT
guidelines, the company has up to six (6) months after project completion to file the application. Due to
the fact that the company is investing $1,025,000 in personal property and creating six (6) new jobs, it is
eligible for a seven (7) year exemption for personal property.
Employment Information: 3 employees
Racial Characteristics:
White 3
Minority o
Total 3
Gender Characteristics:
Male 3
Female O
Total 3
Total No. of Anticipated New Jobs: 6
Investment Information:
Real Property: $0
Personal Property $1,025,000
Total: $1,025,000
Property Tax Information: (Annual) All Jurisdictions City Only
Total New Taxes Generated $ 292,975 $ 56,750
Value of Abatement $ 146,488 $ 28,375
Total New Taxes Collected $ 146,488 $ 28,375
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $ 1,497
Company Requirements:
Adopted Affirmative Action Policy r£/Yes D No
Meeting w/ City Affirmative Action Director 'ii/ Yes D No
Signed Tax Abatement Contract il" Yes D No
Taxes Paid In Full g./ Yes D No
Zoning Conflicts • Yes ¥No
Mike Franzak D4t:t!!n:Son~
Planner II Affirmative Action Director
Resolution No. 2008-38 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
Alloy Resources, Corp.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
1983, this Commission by resolution established an Industrial Development District as requested
by the City of Muskegon for Port City Industrial Park, including the property owned by Alloy
Resources, Corp., 2281 Port City Blvd., Muskegon, Michigan 49442; and
WHEREAS, Alloy Resources, Corp. has filed an application for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to new machinery and equipment has been installed within said
Industrial Development District ; and
WHEREAS, said application was filed no later than six months after project completion and the Muskegon City
Commission held a public hearing on April 22, 2008, at the Muskegon City Hall in Muskegon, Michigan
at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
units were given written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of Alloy Resources, Corp., for the issuance of an Industrial Facilities Tax
Exemption Certificate with respect to the installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER LOT 14
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of seven (7) years on personal property.
Adopted this 22ml Day of April 2008.
Ayes: Shepherd, Spataro, Warmington, Wierenga, Wisneski, Carter_, and Gawron
4/3/08
' I
Nays: None
Absent: None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on April 22, 2008.
~~),~;\\~'-·'- .~'-)(_ ~
Ann Marie Becker
Clerk
4/3/08
04-03-' 08 09: 44 FROM-City of Musl,egon 2317246790 T-640 P001/006 F-246
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of 933 TetTace
Street, Muskegon, Michigan 49441, ("City") and Alloy Resources Corp. ("Company") of 2281 Poit
City Blvd., Muskegon, Michigan 49442.
Recitals:
A. The Company has applied to City for the establishment of an industrial development district or
industrial rehabilitation district pursuant to the provisions of Act 198 of the Public Acts of 1974, as
amended, which act requires a contract between the City and the Company to be agreed and submitted
with the Company's subsequent anticipated application for an 'industrial facilities exemption
certificate.
B. That in addition to the statuto1·y requirement, the City has detelTllined that it is in the best
interests of the taxpayers, property owners and residents of the City that this Agreement be approved
and executed prior to the establishment of the requested district, and the City deems this Contract,
together with the conditions set forth in the said Act to constitute a necessary element in the City's
detennination whether or not to create the district.
C, The Company intends to install the project set foith in its application ("project") which it
believes qualifies for the process of establishing the district and the application for industrial facilities
exemption certificate,
D. The City, provided this Agreement is ell:ecuted, will detelTlline whether to create the district
based upon the potential for the production of permanent jobs, the continuation, stabilization or
increase of economic activity, planning and zoning considerations and the City's general plan and
intentions regarding economic development. In addition to the City policy considerations and
predictions that the Company's proposed district and certificate benefit the community in those ways,
the City has further determined that the contractual commitments made by the Company to thereby
assist the community shall be binding on the Company and necessary to continue the tax exemption
made possible by the certificate.
E. This i:ontract shall become effective upon the issuance of an Industrial Facilities Tax
Exemption Certificate,
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the investment, job
retention and job creation promises made in its application, a copy of which is attached hereto and
incorporated herein. In particular the Company agrees:
1.1 That 100% of the jobs shall be filled and in existence with full-time employees by a date
no later than two (2) years from the date of the granting of the certificate by the State Tax
Commission, subject to the provisions of section 3.4 of this agreement,
Page I
04-03-'08 09:44 FROM-City of Muskegon 2317246790 T-640 P002/006 F-246
1.2 That the amount of jobs listed on the application, whether new or retained, will be
maintained through the life of the abatement, subject to the provisions of section 3,4 of
this agreement.
1.3 The Company shall meet the affirmative action goal included in the application or in any
documents supplied by the City and utilized by the Company, including any additional
representations made to the City Commission on or before the date two (2) years after the
granting of the certificate by the State Tax Commission, It shall maintain the said levels
of employment diversity during the period of the certificate, subject to the provisions of
section 3.4 of this agreenumt.
1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by
the State Tax Commission shall have completed the investment of$1,025,000 in the
equipment and improvements as shown in the application, subject to the provisions of
section 3,4 of this agreement,
1.5 That the improvements and equipment to receive the tax abatement treatment shall be
completed on or before the date two (2) years from the date of granting o.f the certificate
by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall
not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in supplying all requested
and required documentation regarding jobs, investment, the meeting of all goals and the
timely installation and utilization of equipment and improvements. The City shall be
entitled to inspect at reasonable hours the Company's premises where the said
improvements and equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax abatement is
granted, the level of jobs, affirmative action goals, production and utilization of the
improvements and equipment at the site where the district has been created and for which
the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous substance, or the
violation of any environmental law on its premises in the City. It shall report any releases
to the appropriate governmental authority in a timely and complete manner, and provide
copies of said report documentation to the City. It shall comply with all orders and actions
of any governmental agency having authority.
1.10 The Company shall maintain the equipment and improvements so as to minimize physical
or functional obsolescence.
I.! I The Company shall continue to operate its business location in the City, containing the
same number of and type of jobs, for the term of the certificate.
Page2
04-03-' 08 09:44 FROM-City of Musliegon 2317246790 T-640 P003/006 F-246
2. AGREEMENT BY THE CITY. Provided this contract has been executed and further
provided all applications to create the district and achieve the industrial facility exemption certificate
have been properly filed, the City shall, in a timely manner, determine in a public meeting to whether
to create the district and whether to receive, process, and approve thereafter the Company's
application for an industrial facilities exemption certificate, The City may consider this contract in a
meeting separate from and prior to the meeting in which the City considers the creation of the district
and/or approval of the application for certificate. Further, the City shall require the submission of this
contract signed by the Company together with its applications, before creating the district.
3. EVENTS OF D:EFAULT, The following actions or failures to comply shall be considered
events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for purpose of this
Agreement, the removal, without transfer to another site within the City of substantially all of
the production facilities, and the elimination of substantially all the jobs created or retained
thereby, which are set forth in the Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on
equipment and improvements as represented in the application within the times required
hereby, unless the company can show that there has been a loss of revenue and
employment due to circumstances beyond the control of the company, In order to make
that showing the company shall have the burden of supplying, to the City's satisfaction,
complete and convincing documentation supporting and justifying reductions in
investment, failures to attain affirmative 11ction goals or job losses, such as, without
limitation, written evidence of lost contracts, accounting Information showing reduced
revenues due to the loss of business, (not due to diversion of production to affiliate
companies or divisions of the company), production records showing reduced quantities
over significant periods of time, and such other information required by the City to
support the Company's claim that the failure to invest, failure to achieve affirmative
action goals, or loss of jobs should not form the basis for a finding of default.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessments levied on the Company's property or
any other taxes, local, state or federal, including but not limited to City income taxes and the
withholding of said City income taxes from employees as required by the City Income Tax
Ordinance.
3.7 The performance or omission of any act which would lead to revocation under MCLA
207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or covenants of
this Agreement.
Page 3
04-03-' 08 09: 45 FROM-City of Muskegon 2317246790 T-640 P004/006 F-246
4. :REMEDIES ON DEFAULT. In the event of any of the above defaults the City shall have the
following remedies which it may invoke without notice, except as may be reasonably required by the
Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a public heating,
the Company shall be immediately liable for penalties to be paid forthwith to the city as
dete1mined as follows:
4.1. 1 The Company shall pay to the City for prorata distribution to the taxing units
experiencing the abatement, an amount equal to the difference between the industrial
facilities tax which it has paid, and the total property taxes to the relevant taxing units
which it would have paid, given its installations of improvements and equipment,
during the years for which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to revocation to the !FT
ce11ificate before the State Tax Commission, without hearing, and the City shall submit
a copy of this Agreement to the State Tax Commission in connection with its revocation
procedure, giving notice that the default has occurred and immediate revocation should
occur. .
4.2 In the event the improvements and equipment have not been installed before the two (2)
year period, in addition to the revocation procedures before the State Tax Commission, the
abatement should immediately be reduced by the City proportionately, and any installations
which have not been finished at the end of said two (2) year period shall not be eligible for the
abatement thereafter and shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented, In the event, (whether or not the installations
have been completed), the Company has not expended the funds it has represented on its
application that it would invest for the installation of equipment, the abatement shall be reduced
prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless
the company can show, through receipts, etc. that the cost of the equipment was actually
less than the ,unount estimated by the company (i.e., the same equipment was purchased
as listed in the IFT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have not been
created or retained at the end of the two (2) years after the grant of the certificate by the State
Tax Commission, the abatement shall be proportionately reduced, unless the company can
show that the loss of jobs, or inability to hire as many people as expected, is due to
cil'Curustances beyond the control of the company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of the certificate
by the State Tax Commission, the affirmative action goals of the City for additional jobs have
not been met on a prorata basis, the abatement shall be revoked,
4.6 For other violations of this Agreement or for actions or omissions by the Company
amounting to grounds for revocation by statue, the City shall recommend to the State Tax
Commission immediate revocation of the certificate.
Page 4
04-03-' 08 09:46 FROM-City of Muslrngon 2317246790 T-640 P005/006 F-246
4. 7 Special Assessment. For any amount due to be paid to the City, under this Section 4, the
Company consents that the City shall have a personal action against the Company for the said
amount, and in addition, cumulatively, and not by election, the City shall have a special
assessment lien on all the propecty of the Company personal and real, located in the City, for
the collection of the amounts due as and in the manner of property taxes and in such case the
collection of the said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered,
5, Governing Law. This Agreement shall be construed and enforced in accordance with the laws of
the State of Michigan applicable to contracts made and to be performed within the State of Michigan,
6. Counterparts, This Agreement may be executed in one or more countel]lartS. Notwithstanding
such execution all such countel]larts shall constitute one and the same Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the respective parties,
their successors and personal representatives.
8, Effective Date. This Agreement shall be effective onthe date the State of Michigan Tax
Commission grants the company at Industrial Facilities Exemption Certificate.
CITY OF MUSKEGON
1\-I\ , . '), , .\' / ,
and ,···.j'-..,.',·'-.J,
\,
. . .~. , ""-\.''--'\ \.\ , .2 \ __ \cl..
I..__ -"
Ann Marie Becker, Clerk
and_ _ _ _ _ _ _ _ _ __
Its_ _ _ _ _ _ _ _ __
Page 5
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING March 25, 2008
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: March 18, 2008
RE: Land Lease - McLaughlin Neighborhood Association
SUMMARY OF REQUEST:
To approve our agreement to lease the lot at 1264 Terrace Street to the McLaughlin
Neighborhood Association. They intend to use the property for a park and garden.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached agreement and authorize the Mayor and Clerk to sign it.
COMMITTEE RECOMMENDATION:
None
APR 2 5 2008
MU~;KEGOi•;
AGREEMENT TO LEASE LOT LOCATED AT 1264 TERRAc'i{';T~'iflJ:i;C:R'S OFFICE
MUSKEGON, MICHIGAN BETWEEN CITY OF MUSKEGON AND McLAUGHLIN
NEIGHBORHOOD ASSOCIATION
THIS LEASE is made and entered into on this e?Sft-xlay of A f?'"' (
- - ~ 2008, by and between the CITY OF MUSKEGON, a Michigan municipal corporation,
whose address is 993 Terrace Street, Muskegon, Michigan 49440 (hereinafter referred to as
"Landlord") and McLaughlin Neighborhood Association (hereinafter referred to as "Tenant").
The parties agree as follows:
1. Leased Premises; Term. Landlord leases to Tenant the premises located at 1264
Terrace Street, Muskegon, Michigan 49442, for a term beginning on the date when this
Lease is signed ("Lease Commencement Date"), and ending thirty (30) years from
Lease Commencement Date. This Lease shall be subject to encumbrances, conditions,
covenants, easements, restrictions and rights-of-way, whether or not of record, affecting
the Premises, to such matters as might be disclosed by inspection or survey of the
Premises, and to zoning ordinances and other laws, ordinances and regulations applicable
to the Premises. Either party may terminate with written notice given thirty (30) days
prior to termination.
2. Rent and Other Expenses. Tenant shall pay $1.00 to Landlord for rent of
Premises.
3. Maintenance and Repair. Landlord agrees to provide water to the Premises at
no cost to Tenant. Tenant agrees to pay all other expenses related to maintenance of the
Premises. Tenant shall, at its expense, in every way place, keep and maintain the
Premises, including all Improvements on the Property and all of Tenant's property upon
the Premises, in a good and clean operating condition. Tenant shall also, at Tenant's
expense, remove snow, ice, and rubbish from the Premises as necessary. Tenant shall at
its own expense keep the Premises in compliance with all laws, ordinances, order, or
regulations affecting the Premises or its use.
4. Improvements or Modifications. Tenant shall not, without the prior written
consent of Landlord, make any alterations, improvements, modifications, physical
changes, or additions (collectively, "Alterations") to the Premises. If Tenant desires to
make any Alterations to the Premises, Tenant shall first submit to the City of Muskegon
Manager's office all plans and specifications therefor and obtain the City Manager's
written approval thereof. Any such approved Alterations shall be made at Tenant's sole
expense.
5. Condition of Premises. Tenant has inspected the Premises, is thoroughly
acquainted with their condition, and agrees to take the same "AS IS." No rights,
easements or licenses are acquired by Tenant by implication or otherwise except as
expressly set forth, in the provisions of this Lease.
6. Covenant against Liens. Nothing in this Lease shall authorize Tenant to, and
Tenant shall not, do any act which will in any way encumber the title of Landlord in and
to the Premises, nor shall the interest or estate of Landlord in the Premises be in any way
subject to any claim whatsoever by virtue of any act or omission of Tenant. Any claim to
a lien upon the Premises arising from any act or omission of Tenant shall be valid only
against Tenant and shall in all respects be subordinate to the title and rights of Landlord,
and any person claiming through Landlord, in and to the Premises. Tenant shall remove
any lien or encumbrance on its interest in the Premises within ten (10) days after it has
arisen; provided, however, that Tenant may in good faith contest any such item if it posts
with Landlord a bond or other security deemed adequate by Landlord in Landlord's sole
discretion.
7. General Provisions.
a) Governing Law. This Agreement is executed in accordance with, shall
be governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
b) Severability. Should any one or more of the provisions of this Agreement
be determined to be invalid, unlawful, or unenforceable in any respect, the validity,
legality, and enforceability of the remaining provisions of this Agreement shall not in any
way be impaired or affected.
c) Third Parties. Landlord and Tenant acknowledge, and warrant and
represent to each other, that there are no third-party beneficiaries to this Lease.
d) Headings. The headings contained herein are for convenience only and
shall not be used to define, explain, modify or aid in the interpretation or construction of
the contents hereof.
e) No Offer. The submission of this Lease for examination does not
constitute an offer to enter into a Lease, and this Lease shall become effective only upon
execution and delivery hereof by Landlord and Tenant.
f) Entire Agreement. This Lease represents the entire agreement between
the parties. It may not be amended, altered or modified unless done so in writing by both
parties.
Signatures appear on following page.
C:\Documen!s and Settings\Owner\Local Settings\Temporary Internet Fi!es\Contenl.lE5\480HSZ1A\Mclaughlin Neighborhood Lease 31308.doc
IN WITNESS WHEREOF, the parties have caused this Lease to be executed as of
the date first written above.
LANDLORD: CITY OF MUSKEGON
Ann Marie Becker, Clerk
Date: '/-~0-orf
TENANT: McLAUGHLIN
NEIGHBORHOOD ASSOCIATION
By: Thomas J a. W\e~
Name:....::,,.._,,__~
e~
Pd:>" 0,;;._
Title: ?r~,M,Nll
Date: ~ S.5', l.e~
C:\Documents and Settings\Owner\local Settings\Temporary Internet Files\Content.lE5\480HSZ1A\Mclaughlin Neighborhood lease 31308.doc
Date: April14,2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Events- Multiple Liquor License Request
SUMMARY OF REQUEST: The following organizations are requesting a temporary
liquor license or extension of there liquor license to be able to offer outside
th nd
entertainment or serve spirits during the period of June 19 thru June 22 .
• Taste of Muskegon, 900 Third St-Requesting a Beer and Wine School,
(Beer Tent) to be setup on Western Ave. between Third and Fourth Street
nd
from June 21 st thru June 22 .
• Downtown Pinnacle Properties (Racquets), 446 W. Western Ave.-
Requesting an extension of their liquor license to set up a beverage
entertainment area in the lot adjacent to building at Western Ave. and
Fourth St. from June 19th thru June 22 nd during the Taste of Muskegon
event.
• Rock Stock 08, 5495 S. White RiverTrail.-Requesting Hackley Park for a
one day music festival June 21, 2008
• West Michigan Truck Show, 1204 W. Western Ave.- Requesting to set up
beverage entertainment area on the Morris St. Lot (former Pearlman Lot)
st
June 18th to June 21 , 2008.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None Commission action required.
COMMITTEE RECOMMENDATION: All the above listed events were approved by
the Leisure Services Board at their February 18th , and March 1yth meeting.
Date: April14,2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Special Event Liquor License Request- Mike's Inn
June 27th thru July 5 1\ 2008
SUMMARY OF REQUEST: Mike's Inn (555 W. Western Ave.) is requesting an
extension of their liquor license to be able to host and outside entertainment area in
their lot. (Summer Celebration holds the first liquor license.)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: The Leisure Services Board approved this
th
event at their February 18 meeting.
Date: April 14, 2008
To: Honorable Mayor and City Commissioners
From: Lowell Kirksey, Recreation Supervisor
RE: Multiple Special Event Liquor License Request -
Bike Time
SUMMARY OF REQUEST: The following organizations are requesting an extension
of their liquor license to be able to offer outside entertainment during the "Muskegon
Bike Time" festival (July 18th thru July 20 th )
• Mike's Inn, 555 W. Western Ave.- Requesting to fence off parking lot to
set up beverage entertainment area.
• Racquets Downtown Grill, 446 W. Western Ave.-Requesting to set up
beverage entertainment area in the lot located next to Racquets on the
corner of Fourth St. and Western Ave.
• Tipsy Toad Tavern, 609 W. Western Ave.- Requesting to set up
beverage entertainment area in the parking lot located between Tipsy
Toad and Radiology P.C.
• Pop-A-Top, 2185 Henry St.- Requesting to set up beverage
entertainment area in their parking lot.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None Commission action required.
COMMITTEE RECOMMENDATION: All the above listed events were approved by
the Leisure Services Board at their February 18th and March 1ih meetings.
Date: April 22, 2008
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2008-09 Healthcare Renewal
SUMMARY OF REQUEST: It is time to renew the City's healthcare coverage for
the 2008-09 plan year. Healthcare costs continue to rise. Renewal rates for the
City's current healthcare program initially came in at $859.90/employee/month, nine
percent higher than the current rate ($787.87). However, Priority Health has agreed
to a more palatable 6% increase ($835.19), provided the city defer competitive
bidding for one year. (A new state law requires bidding every three years.) The six
percent increase translates into an estimated annual cost increase of $133,869. This
is within the city's budget expectation.
FINANCIAL IMPACT: Healthcare costs will increase 6.00% ($133,869)- a
significant, but manageable level. No changes to employee benefits are proposed.
BUDGET ACTION REQUIRED: None. Under the renewal proposal, healthcare
costs will be within budget.
STAFF RECOMMENDATION: Approval of the 2008-09 healthcare renewal
with Priority Health. Staff is also exploring employer-funded HRA (health
reimbursement account) options through Priority Health. These options do not
impact the employee, but involve the city self-insuring a deductible amount in
exchange for a lower insurance premium. At this time, the HRA concept does not
appear to be a good option for us; however, we are still analyzing data and would ask
you to authorize staff to select the HRA option if clearly shown to be in the city's
financial interest.
COMMITTEE RECOMMENDATION: None.
9/18/97
PRIORITYHMOsM RATE EXHIBIT
Proposal for: City of Muskegon
Effective Date: June 1, 2008
Rate Guarantee: For 12 months from the effective date of coverage, or to the
renewal date of the traditional carrier, whichever is sooner.
Benefit Level: Basic agreement with: $15 Office Visit Copayment
$25 Urgent Care Copayment
100% Hospital Coverage
Riders: $15/$30 Prescription Drug Copayment w/Contraceptive Medications
Mail Order: 90-Day Supply at Two Times the Rx Copayment
80% Durable Medical Equipment Coverage
80% Prosthetic & Orthotics Coverage
$50 Emergency Room Copayment
$50 Ambulance Copayment
Vision Care - High Plan (Exam and Supplies for one plan year)
Monthly Rate:
Single Double Family
$835.19 $835.19 $835.19
PRIORITY HEALTH
Kim Vargo
Senior Account Manager
April 2, 2008
• Rates are subject to approval by the Office of Financial and Insurance Services (OFIS).
• Priority Health reserves the right to withdraw this rate exhibit up to the effective date of coverage
should the account fail to meet minimum underwriting standards.
A decision on the benefit level for renewal of Priority Health must be received by the !st of the month
prior to the renewal date. If no decision is received, the plan will automatically renew at the current
benefit level and benefits cannot be changed mid plan year.
'
C
C
C
,
C
C
First Year HRA Projections with no Rollover
Assumes Deductible is Funded at 100% ''
HRA Comparison - Assumes 735.94 Participants
Current/Base Plan Design (6/1/2008
HMO 100% no deductible
• 1?e1vtw (1111-01r ?t"o6-ll-A-,.,.,_ ,
C
Single 331 $ 835.19 $ 27,561.27 1
EE & Spouse
EE & Children
561 $
$
835.19
-
$
$
46,770.64 • /VO fJ-.e,v~,c 1r {'.11;,, ;vUf "
1
Family 1471 $ 835.19 $ 122,772.93 • & % .)::);tre4J<- (FY- -II 1f7-t7 .J-c, 1/f!,{ l'i) '
Month! Total 236 $ 197,104.84 's
Annualized Premium Total
PEPM
$
$
2,365,258.08
835.19
• :[';..,e_rea,,.s~ W1rJliN BuJJG-er '
i;,.,~jt, I f,.,,;,ll
HRA 1 HMO -$1,000/$2,000 Deductible
Status #of EE's Rate ii?mll ''
Single 331. o0.21
--- I $ 25.086 a ?r-tlYIW"'- S::'llvl>ij..!"' ./1,2121 3'-/J..3/e
EE & Spouse
56 • __ , • · I
760.21 I" '+L,01 I.I 0
.?,fJV7nJi /'-r,, ~-""'-" .;fl Zff-S'J
EE & Children
Family
01 -
147 $ 760.21 I 111,750.87
Monthly Total 236 179,409.56
Annualized Premium Total $ 2,152,914.72
Minimum Exposure• $ 2,1\,4,242.72
Ded. 100% Funded - Projected Exposure·• $ 2,290,088.46 3.18% Savings Over Current Plan
Maximum Exp_osure~• $ 2,603,242.72
· Projected Savings Over Current $ 75, 169.62
PEPM $ 808.65
~
l;
\ 1,, (Z ~
~ '
~l) '(
I 6)
HRA 2 HMO - $2,0001$4,000 Deductible
Single
EE & Spouse 33H
56 $
EE & Children 0 $
Family 1471 $ 685.21 I 100,725.87
Monthly Total 236 161,709.56
Annualized Premium Total 1,940,514.72
Minimum Exposure• $ 1,951,842.72
Ded. 100¾ Funded - Projected Exposure*' $ 2,077,688A6 12.16% Savings Over Current Plan
Maximum Exposure*** $ 2,829,842.72
Projected Savings Over Current S 287,56
PEPM $ 733.65
HRA 3 HMO - $3,000/$6,000 Deductible
Single 33 $ 610.21 $ 20,136.93
EE & Spouse 56 $ 610.21 $ 34,171.76
EE & Children 0 $ - $
Family 147 $ 610.21 $ 89,700.87
Monthly Total 236 $ 144,009.56
Annualized Premium Total $ 1,728,114.72
Minimum Exposure' $ 1,739,442.72
Ded. 100% Funded - Projected Exposure*" $ 1,865,288.46 21.14% Savings ov~r Current Plan
Maximum Exposure..• $ 3,056,442.72
Projected Savings Over Current $ 499,969.62
PEPM $ 658.65
~
;-,:,
·-···-·-------------------------
HRA Fees
HRA Administration Fee $6 PEPM wtth Rollover $ 1,416.00
HRA Fee with Rollover Annualized $ 16,992.00
HRA Administration Fee $4 PEPM with no Rollover $ 944.DD
HRA Fee with no Rollover Annualized $ 11,328.00
Projection with Rollover
* Includes Premium and HRA administration fee of$6 PEPM.
** Includes Premium and HRAad.ministration fee of$6 PEPM. Assumes $171 Pfv!PY HRA account utilization.
••• Includes Premium and HRA administration fee of$6 PEPM. Assumes all participants exhaust their HRA Account
Annualized fee does not include the one time $500 set up fee
Projection with no Rollover
• Includes Premium and HRA administration fee of $4 PEPM.
0
Includes Premium and HRA administration fee of$4 PEPM. Assumes $171 PMPY HRA account utilization. '<
0 • Includes Premium and HRA administration fee of $4 PEPM. Assumes all participants exhaust their HRA Account
Annualized fee does not include the one time $500 set up fee 'C
'''
This projection is for illustrative purposes only. Actual results can and will vary. '
,
~
' rn
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
April 16, 2008
Lakeshore Pathway Construction - McCracken to Cottage Grove
SUMMARY OF REQUEST:
To approve the construction of an on-street and off-street pathway along Lakeshore Drive
between McCracken and Cottage Grove.
FINANCIAL IMPACT:
$100,000.
BUDGET ACTION REQUIRED:
If approved the project will be included in the Capital Improvement Plan in the 2008 first quarter
budget adjustment.
STAFF RECOMMENDATION:
To approve construction of the pathway.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\LKSHR PATHWAY CNSTRTN 041608
,. '
MEMORANDUM
RECEl\1 ;
To: Bryon Mazade, City Manager APR 1 o 2008
Cc: Tim Paul, Bob Kuhn
MUSKEG0•
CITY MANAGER'f.· ' ' "
From: Mohammed Al-Shatel, City E n g i n e e r ~
Date: 4/ 10/08
Re: Bike Path along Lakeshore Dr. (McCracken & Cottage Grove)
While reviewing the proposed referenced project with the city commission last Monday,
during work session, the issue of eliminating the left tum lane from McCracken westerly
appeared to be a concern, especially at critical intersections such as at Lincoln. They
went on to ask staff to review the possibility ofretaining a left tum lane at some
intersections while sacrificing some on street parking.
After hearing their comments, the engineering department has prepared the attached
revised drawing for the intersection of Lakeshore & Lincoln on which a left lane is
established while eliminating 5-on street parking spaces. I believe thatsuch an alignment
will work, but feel that I need to share with you the consequences of such modification;
1- loss of 5- parking spaces
2- the storage area for the left turn lane is only about 100' deep along Lakeshore just
easterly of Lincoln
3- The width of the traffic lanes is reduced from 12.5' to 11' and the width of the
bike path (both directions) is reduced to 5.5' instead of the originally proposed 6'.
While all of the proposed widths are in compliance with design ·standards, the
margin for error is decreased under this scenario.
4- As you can see on the attached drawing, the bike path is jogging in & out at two
additional spots, if you are ridding easterly, by Lincoln, you will have to get to the
curb and then back out between the designated on-street parking and thru traffic
lane.
In summary; I feel the attached proposal will work and should be adopted soon so we can
get a contract in place and make those modifications before the summer. One thing that
must be kept in mind; while the initial cost is estimated at $100,000, this proposal will
require on-going maintenance to ensure that the pavement marking is visible at all times
during the non-snow season.
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00 95
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DATE: 04/14/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN070062
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1918 VALLEY ST (Home & Garage) Area is unsafe, substandard, a public
nuisance and that it be demolished within thirty (30) days. It is further requested
that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN070062 - 1918 Valley
Location and ownership: This structure is located on Valley between E. Keating
and E. Holbrook Streets and is owned by Abraham Remodelers LLC, 3268
Glenside Blvd, Muskegon, Ml 49441.
Staff Correspondence: A dangerous building inspection was conducted on
03/20/07. The Notice and Order to Repair was issued on 03/29/07. On 05/03/07
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 05/03/07. The
owner originally was Federal National Mortgage Assoc and was purchased by
Abraham Remodelers LLC in April 2007. Notices were faxed to new owner. New
owner submitted timeline to complete repairs in 8 -1 O weeks. Permit was issued
08/15/07 with an expiration date of 11/02/07. No final inspections have been
scheduled and no contact from owner since permit issued.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $11,500
Estimated cost to repair: $18,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 1918 VALLEY ST
This building is a 500 square foot single family wood frame structure. The garage is a
wood framed strncture approximately 576 square feet. This building needs the siding
repaired as well as repairs to the interior. A permit was issued for interior demolition on
August 15, 2007 this permit was later amended to include the repairs indentified in the
March 2007 inspection report. It does not appear that repairs were made to the house or
garage.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, March 29, 2007
Enforcement# EN070062 Property Address 1918 VALLEY ST
Parcel #24-215-010-0003-00 Owner FEDERAL NATIONAL MORTGAGE
ASSOC
Inspector: Henry Faltinowski
Date completed: 03/20/2007
DEFICENCIES: Home & Garage
Uncorrected
1. Repair garage to code. Roof sheathing chimney, foundation wall repair.
2. Scrape and paint all exterior wood on garage.
3. Repair - replace garage door.
4. Replace roof covering on home - repair any damaged sheathing, fascia.
5. Replace damaged siding on home.
6. Replace all damaged interior wall covering.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
1918 Valley- above.
DATE: 04/14/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN070235
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1970 CROWLEY ST is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN070235 - 1970 Crowley
Location and ownership: This structure is located on Crowley between Young
and Windsor Streets and is owned by United States of America.
Staff Correspondence: A dangerous building inspection was conducted on
10/31/07. The Notice and Order to Repair was issued on 11 /06/07. On 01/03/08
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 01/03/08.
Correspondence was received from Chapman Law firm representing HUD
homes but no permits issued or inspections have been scheduled.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $23,800
Estimated cost to repair: $5,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 1970 CROWLEY ST
This is a single story, wood frame single family dwelling with a detached shed. This
property is currently vacant. This building has numerous broken exterior windows and
doors. The roof covering is failing and needs to be replaced. The rear portion must be
completely rebuilt and the detached shed is coming apart. These structures, if left in their
current condition, will continue to deteriorate and continue to be a blighting influence in
the neighborhood.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, November 1, 2007
Enforcement# EN070235 Property Address 1970 CROWLEY ST
Parcel #24-175-000-0026-00 Owner WELLS FARGO BANK
Inspector: Henry Faltinowski
Date completed: 10/31/2007
DEFICENCIES:
Uncorrected
1. Detached shed in state of collapse - Rebuild to MRC 2003 code or
remove.
2. Rebuild back deck - rafters, columns, decking.
3. Provide rafter investigation on home.
4. Numerous broken out windows; replace broke exterior doors and
hardware replace.
5. Scrape and paint all exterior wood on window frames.
6. Replace damaged siding.
7. Replace roof covering - damaged areas
8. Provide interior inspection
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
1970 Crowley-above
DATE: 04/14/2008
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN070209
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
709 E APPLE AVE {Garage) Area 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN070209 - 709 E. Apple (Garage)
Location and ownership: This structure is located on Apple Ave. between
Kenneth and Holt Streets and is owned by Mark Chiaverini.
Staff Correspondence: A dangerous building inspection was conducted on
10/15/07. The Notice and Order to Repair was issued on 10/17/08. On 12/06/07
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 12/06/07. All
notices sent certified mail have returned unclaimed. No permits have been
issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $18,300 (Entire property)
Estimated cost to repair: $2,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SUMMARY FOR: 709 E APPLE AVE
This structure is a wood frame garage. The roof system is severely rotted and is failing.
If left repaired the weather will continue to attack the structural framing of this building.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Monday, October 15, 2007
Enforcement# EN070209 Property Address 709 E APPLE AVE
Parcel #24-205-063-0001-00 Owner CHIAVERINI MARK W
Inspector: Henry Faltinowski
Date completed: 10/15/2007
DEFICENCIES:
Uncorrected
1. Garage roof system has large holes - deteriorating structural members
(rafters).
2. Rebuild garage roof system to MRC 2003 code.
3. Replace roof covering.
4. Call for interior framing inspection.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
709 E. Apple Ave.
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