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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 27, 2007
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display- Shrine Circus. CITY CLERK
C. Amendment lo the Zoning Ordinance - Outdoor Sealing. PLANNING &
ECONOMIC DEVELOPMENT
D. Amendment lo the Zoning Ordinance - Residential Design Criteria.
PLANNING & ECONOMIC DEVELOPMENT
E. Amendment to Property Descriptions - Whitaker Electric Sub-zone.
PLANNING & ECONOMIC DEVELOPMENT
F. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
G. Environmental Program Terrace Trash Clean-up Contract. PLANNING &
ECONOMIC DEVELOPMENT
H. Set Public Hearing for Amendment to Brownfield Plan - Hot Rod Harley.
PLANNING & ECONOMIC DEVELOPMENT
o PUBLIC HEARINGS:
A. Create a Special Assessment District for Knollwood Court. Beach Street
to End. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
A. Request for Technical Assistance for Housing and Urban Development
Lead Abatement Grant Submittal. PLANNING & ECONOMIC
DEVELOPMENT
B. Acceptance of the 2007 - 2008 Community Development Block
Grant/HOME Recommendation from City Administration and Citizen's
District Council. COMMUNITY & NEIGHBORHOOD SERVICES
C. Real Estate Services for Seaway Industrial Park. CITY MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: fndividua/s who would like to address the City Commission shall do the following:
• Fill out a request to speak form attached to the agenda or located in the back of the room.
• Submit the form to the City Clerk.
• Be recognized by the Chair.
• Step frnward to the microphone.
• Stale name and address.
• Limit of 3 minutes lo address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered witt1 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) 724-6705 OR TOO:
(231) 7 24-4172.
Date: February 27, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the February 1ih
th
Commission Worksession, and the February 13 Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 27, 2007
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, February 27,
2007.
Mayor Warmington opened the meeting with a prayer from Pastor Dr. Nana
Kratochvil from the Harbor Unitarian Universalist Congregation 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,
Commissioner Sue Wierenga, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
City Clerk Ann Marie Becker.
2007-18 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the February 12th Commission
Worksession, and the February 13th Regular Commission meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display - Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a
fireworks display permit for March 3rd and 4th at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks on the day of the event. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Amendment to the Zoning Ordinance - Residential Design Criteria.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (Residential Design
Criteria, #22) of Article XXIII (General Provisions) regarding vegetative ground
cover.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the language regarding vegetative ground cover.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at the February 15 th meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
E, Amendment to Property Descriptions - Whitaker Electric Sub-zone.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2002 the Whitaker Electric Renaissance Zone was
expanded to include what is now Seaway Industrial Park. At that time, a list of
property descriptions and a map were submitted to the State of Michigan with
the application for approval of the expansion. It was recently discovered that
the property descriptions submitted do not match the map of intended
properties to be included in the zone. The State has informed us we may
amend these property descriptions and resubmit them, since these properties
were intended to be included within the renaissance zone.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
G. Environmental Program Terrace Trash Clean-up Contract, PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The special trash pick-up on city terraces and right-of-
ways associated with our Environmental Inspections program is currently being
performed by Diversified UG Utilities Inc. and will expire on March 31, 2007.
-Included in this contract was an option to extend the agreement for one year,
expiring on March 29, 2008. The contractor has requested to exercise the one
year extension option at the current rates.
FINANCIAL IMPACT: Considering the various increases in costs it is highly likely
that a new contract bidding would result in higher pricing to the city.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Diversified UG Utilities Inc. for the special trash pick-ups along city right of ways,
as directed by environmental inspections staff.
H. Set Public Hearing for Amendment to Brownfield Plan - Hot Rod Harley.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan, and notifying taxing jurisdictions of the
Brownfield Plan Amendment including the opportunity to express their views and
recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned by Muskegon Downtown
Believers, LLC, located at 149 Shoreline Drive, in the Brownfield Plan.
FINANCIAL IMP ACT: There is no direct financial impact in including the project in
the Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on February 23, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon
City Commission. In addition, the Brownfield Redevelopment Authority
recommends that the Muskegon City Commission set a public hearing on the
Plan Amendment for March 27, 2007.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented minus item C and F.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
2007-19 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Amendment to the Zoning Ordinance - Outdoor Seating. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2308 (Outdoor Seating) of
Article XXIII (General Provisions) regarding outdoor seating for restaurants and
similar uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add the language regarding outdoor seating.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their February 151h meeting. The vote was unanimous
with T. Michalski and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the amendment of the Zoning Ordinance regarding outdoor seating.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
F. Environmental Program Mowing and Trash Clean-up Contract.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of
public and private properties is currently held by Freelance Enterprises Inc. and
will expire on March 29, 2007. Included in this contract was an option to extend
for one year, expiring on March 29, 2008. The contractor has indicated he
wishes to exercise the one year extension.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the one year contract extension with
Freelance Enterprises for the mowing of lots and trash removal on properties
located within the City.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the environmental program mowing and trash clean-up contract.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2007-20 PUBLIC HEARINGS:
A. Create a Special Assessment District for Knollwood Court, Beach Street
lo End. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special
assessment for the Knollwood Court, Beach Street to End paving project, and to
create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project.
Furthermore, please keep in mind that the proposed special assessment district is
a benefit based special assessment since, according to the City's assessor; the
benefit received is equal among all thirteen (13) properties abutting the street.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
Public comments were heard from Tom Andrews, Even & Franks, 900 Third,
representing Linda Schultz, 2877 Beach. Mr. Andrews who also resides as 2877
Beach spoke against the special assessment for both of them.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to close the
Public Hearing and create the special assessment district for Knollwood Court,
Beach Street to the end.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
Carter
Nays: Davis
MOTION PASSES
Mayor Warmington appointed Commissioner Davis and himself to the Board of
Assessors.
2007-21 NEW BUSINESS:
A. Request for Technical Assistance for Housing and Urban Development
Lead Abatement Grant Submittal. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The State, through the Housing and Urban Development
Department (HUD), has grant funds available to assist with lead abatement in
houses. The grant amounts are up to $3 million. The actual grant application is
very extensive and requires technical assistance. The State has $10,000 in
technical assistance funds available if the City is willing to match that amount. It
is necessary to submit a letter to the State requesting the technical assistance.
FINANCIAL IMPACT: The State will pay for $10,000, to be matched by $10,000 of
local CDBG funds.
BUDGET ACTION REQUIRED: The CDBG budget will need to be amended to
reflect this expenditure.
STAFF RECOMMENDATION: To approve the request for technical assistance
funds from the State and authorize the Mayor to sign the letter.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the request for technical assistance for Housing and Urban
Development lead abatement grant submittal.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
B. Acceptance of the 2007 - 2008 Community Development Block
Grant/HOME Recommendation from City Administration and Citizen's
District Council. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To accept the recommendation of both the Citizen's
District Council and the Administration as it relates to the 2007-2008 Community
Development Block Grant entitlement and HOME funding. The Commission is
also being asked to schedule a Public Hearing for March 13, 2007 to gather
comments from the public concerning the entitlement funding.
It is also requested that the Commission make their preliminary
recommendations on March 13, 2007 and their final decision regarding the
funding on March 27, 2007.
After the Commission has made its final decision, the Community and
Neighborhood Services office will continue the Citizen's Participation process
until around April 20, 2007. At this time the City will send the required
documentation to the US Department of Housing and Urban Development in
order to request the 2007-2008 funding, whose fiscal year begins June 1, 2007.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the Commissions
final decisions.
BUDGET ACTION REQUIRED: There is no budget action required at this time.
STAFF RECOMMENDATION: To accept the recommendation and set the Public
Hearing.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the recommendation of the Citizen's District Council and administration for the
2007-2008 CDBG/HOME funding and set the Public Hearing for March 13, 2007.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
C. Real Estate Services for Seaway Industrial Park. CITY MANAGER
SUMMARY OF REQUEST: To continue the listing of the unsold property in Seaway
Industrial Park with C&A Commercial through June 28, 2007 or until the City
enters into an agreement with a developer for the property, whichever comes
first.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the listing extension and authorize the
City Manager to execute the agreement.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the real estate services for Seaway Industrial Park listing extension with C & A
Commercial.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Chief Tony Kleibecker, accepted on behalf of
Mohammad AI-Shatel, an Award of Excellence from the Michigan Concrete
Paving Association for the new round about in downtown Muskegon from Mayor
Warmington.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.
Respectfully submitted,
Ann Marie Becker, MMC
City Clerk
Date: February 27, 2007
To: Honorable Mayor and City Commissioners
From: Ann Marie Becker, City Clerk
RE: Fireworks Display - Shrine Circus
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting
approval of a fireworks display permit for March 3rd and 4 th at the Walker
Arena. Fire Marshall Metcalf will inspect the fireworks on the day of the
event. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and payment of fee.
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to poss=, transport and display firewodcs in the amounts, for the purpose, and
at the place listed below only.
TYPE OF D[SPLAY: ( ~ PUBL[C DISPLAY ( ) AGRrCULTURAL PEST CONTROL
[SSUEDTO: Jordan Productions Inc.
NAME Jody Jordan
ADDRESS 4040 s. Pearl AGE 38
LasVegas, NV 89121
REPRESENTING
NAME OF OROA.'IJZATION, GROUP, FIRM OR CORPORATION
Shrin
ADDRESS 4200 Salidin Dr., S.E., Grand Rapids, MI
NUMBER & TYPES OF FIREWORKS:
2 of the following per performance:
Slow Sparkle; Fast Sparkle; Concussion; Aerial Burst
DISPLAY:
L. c. Walker Arena
EXACTLOCATION 955 4th Street, Muskegon, MI
CITY, VILLAGE, TOWNSHIP DATE TIME 4 Shows
City of Muskegon- March 3 & 4, 2007 As ·scheduled
BOND OR INSURANCE FILED: ti YES () NO AMOUNT $1,000,000
ISSUED BY·
Issued by action of the ~0 JSKEQQN CITY COMMISSION
(c:ew1cil. eommiuion. boatd)
of the CITY of Mt/SKEQQN
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(702) 451-2822 P- 2
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No,5275 P. 2,.· 0 :a
APPLICATIOti
FOR FIREWORKS DISPU. Y PERMfT t DATIi 0, .-4'PPt.JCA'fl0N
Act 358, P.A. 1968
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CERTIFICATE OF INSURANCE
~ROPUCffll: l)ATB IS8UFJ): 0 I/300007 (revised # 1) 021.! 1/2007
COMPANY;
LESTER KAI.MANSON AGENCY, TNC. 100% fiERTAlN UNOERWRlTliRS Al" LLOYD'S I
P.O. BOX 940008 l.ONlX N
MAJTlANO, FL 32794-0008
PH: (407) 64j.SOOO POLICY ~UMBl:.R: NCM207
FAX: (407) 645-2810
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NAMED INSURED: EF'l-1lC"ffVll DATE: EXPIRATION DATB:
JORDAN PRODUCTIONS, INC. 04/04/200~ ! 04/041.!007
PllA: JORDAN WORLD CIRCUS
4040 S. PEARL STREfiT
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LAS VEGAS, NEVADA8912l 1BOTHDAfSAT 12:01 AM LOCAL STANDARD TIME)
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TYPE OF INSURANCE: LJMITS:
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RETRO DATE: 1/0110S FIR"£ OAMApl! (ANY ONE FIRE) !;-0-
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CORPORATION, AND ALL Of TfiEfR AFFILIATED CORPORATIONS, SHIQNERS HOSPITAi,$ FOR Clffi.PREN, A
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ADDITTONAL INSURED ONl.Y AS THl!lll INTEREST MAY APP!wt JN RESPECTS TO TiiE OPl!R.A l'ION(S) PERFORMED
BY THE NAMED INSURED ANO/OR IT'S EMPLOYEE(S) ONLY i
S"ll ATTACHED ADDENDUM "A" FOR DESCRIPTtON OF UAJIILITY coy~llAOE(S) AFFORDED.
EVENT DATE(S): MARCH 02, 2007 THROUGH MARCH 04, 200'7 (4 SHOW$)
LOCATION: WP,l.KER ARENA MUSKEGON MJC}OGAN
TI-IJS CF.RTCFTCATE IS ISSUED AS A MArn OF INFORMATION ONLY /4NO CONFERS NO RIGHTS UPON THE
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NAMED BELOW, our f AILURE TO MAIL SUCH NOTICE SHAl,L IMPOS~ NO OBLIGATION(S) &/OR LIABlLITY(S) OF
ANY KIND UPON THE COMPANY, IT'S AGENTS &/OR REPRES.ENTATIVljS &JOR XAl.MANSON ET AL.
c---afRTIFICATE HOLDER/ ADDITIONAl- lNSUREO: '
AUTHORIZED R "ITATfVJ;.:
SALADIN SHRINE CENTER, SALADIN SHRINB TRUST ANO ! \
SALADIN HOLDING CORPORATION. CITY OF MIJSKI::OON ';
4200 SALADIN DRIVE S.E.
KeNTWOOD, MICHIGAN 49546
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l:'AX# 702-4S 1-2822 ~TCHELV NSON I PRESIDENT
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MUSKEGON SHRINE CLUB 1195
LARRY RUEGER
227 W BYRON RD ) - 2 2 - 0 °7 74-347/724
2896
MUSKEGON Ml 49441-5527 Date--'-----
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GUARDWl»SAFETY BLUE WBl
Commission Meeting Date: February 27, 2007
Date: February 19, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cf;(
RE: Amendment to the Zoning Ordinance - Residential Design
Criteria
SUMMARY OF REQUEST:
Request to amend Section 2319 (Residential Design Criteria, #22) of Article XXIII (General
Provisions) regarding vegetative ground cover.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the language regarding
vegetative ground cover.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 2/15 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.
2/19/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
February 15, 2007
Hearing; Case 2007-04: Staff initiated request to amend Section 2319, (Residential Design
Criteria, # 22 of Article XXIII, General Provisions, regarding vegetative ground cover
BACKGROUND
There have been complaints recently regarding the use of dune grass as "vegetative ground
cover" in a Lakeside development. Although staff has informed the developer that he would
need to provide a lawn within one year, staff felt it may be in the best interest of future
developments and the City to strengthen the language and made it very clear as to what is
required. The new language below is the way in which this section has been applied in the
past, but hopefully the clarification of the actual language will help in the future.
NEW LANGUAGE
Deletions are erossed em and additions are in bold.
22. Each dwelling unit shall have an approved established vegetative ground cover,
native to the immediate area within 600 feet, no less than 12 months after
occupancy. Approval shall be given by zoning staff of the Planning Department
as part of the initial residential site plan review. A minimum of one shade tree, two
and one-half inches (2.5") in diameter, four feet (4') from the ground or one six foot
(6') evergreen tree shall be provided. Existing landscaping may be accepted in lieu of
this requirement.
DELIBERATION
I move that the amendment to Section 2319, #22, (Residential Design Criteria) of Article
XXIII, General Provisions, of the City of Muskegon Zoning Ordinance, be recommended to
the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 216
An ordinance to amend Section 2319 (Residential Design Criteria, #22) of A11icle XXIII
(General Provisions) regarding vegetative ground cover.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2319 (Residential Design Criteria, #22) of Article XXIII (General Provisions) is
amended regarding vegetative ground cover, as follows:
Changes to Section 2319, (#22): General Provisions
22. Each dwelling unit shall have an approved established vegetative ground cover, native
to the immediate area within 600 feet, no less than 12 months after occupancy.
Approval shall be given by zoning staff of the Planning Department as part of the
initial residential site plan review. A minimum of one shade tree, two and one-half
inches (2.5") in diameter, four feet (4') from the ground or one six foot (6') evergreen
tree shall be provided. Existing landscaping may be accepted in lieu of this
requirement.
This ordinance adopted:
Ayes: Carter, Davis, Gawron. Shepherd, Spataro, Warmington,
and Wierenga
Nayes: None
Adoption Date: February 27, 2007
Effective Date: March 13, 2007
First Reading: February 27, 2007
Second Reading:_N~/_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSK.EGON
By: ~\¼w A·, ~) J
Ann Marie Becker,MMC, City Clerk
[1~
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
27th day of February, 2007, at which meeting a quonun was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby~ .
DATED: February 27 , 2007. ---~-1r,.Y,~ \ /\ I ~J,LcXI A:\
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 27, 2007, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2319 (Residential Design Criteria, #22) of Aliicle XXIII (General
Provisions) regarding vegetative ground cover.
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 J1la rc/2 3 2007. CITY OF MUSKEGON
By _ _ _ _ _ __ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: February 27, 2007
Date: February 19, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,,(bC
RE: Amendment to Property Descriptions - Whitaker Electric
Sub-zone
SUMMARY OF REQUEST:
In 2002 the Whitaker Electric Renaissance Zone was expanded to include what is now
Seaway Industrial Park. At that time, a list of property descriptions and a map were
submitted to the State of Michigan with the application for approval of the expansion. It
was recently discovered that the property descriptions submitted do not match the map
of intended properties to be included in the zone. The State has informed us we may
amend these property descriptions and resubmit them, since these properties were
intended to be included within the renaissance zone.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and authorize the Mayor and Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
2/19/2007 1
ResolutionNo. 2007-lB(e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING AMENDED PROPERTY DESCRIPTION FOR
WHITAKER ELECTRIC RENAISSANCE ZONE
WHEREAS, the City of Muskegon received approval for the expansion of the Whitaker Electric
Renaissance Zone in 2002; and
WHEREAS, the City of Muskegon submitted a list of property descriptions and a map, along
with the application to the State of Michigan for approval; and
WHEREAS, the property descriptions submitted have been found to be inaccurate and missing
certain parcels of property clearly intended to be included in the renaissance zone; and
WHEREAS, the State of Michigan has requested that the City of Muskegon submit an amended
property description in order to correct the application.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does hereby
amend the property descriptions for the Whitaker Electric Renaissance Zone to include all
properties in Exhibit A. ·
Adopted this 27th day of February 2007.
AYES: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierenga
NAYS: None
ABSENT: None
BY:
ATTEST: ~~h O<l
Ann Marie Becker, MMC
~i<k'\
City Clerk
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 February 27, 2007. \\ ·
~-"'-'-)L.l.\,,_,_!\_,_rw--"'--"'-'l\.,.,,.A,,.__\l.w:..:.___:::...:._0_½----1---
Ann Marie Becker, MMC
City Clerk
Exhibit A
Whittaker Electric Renaissance Zone Parcel Descriptions:
The following parcels, being described in their current state as of 2/9/2007, all contained
within the City of Muskegon, Muskegon County, Michigan are to be included within the
Whitaker Electric Renaissance Zone, as depicted on the map approved by the City of
Muskegon County:
Parcel Number 61-24-131-100-0005-00
Currently Owned by: Saint Mary's Cemetery
CITY OF MUSKEGON
SEC 31 T10N R16W
E 1/2 OF NE 1/4 OF NW 1/4
Parcel Number 61-24-131-100-0006-00
Currently Owned by: City of Muskegon
CITY OF MUSKEGON
COM AT THEW 1/4 COR OF SEC 31 T10N R18W
TH S 89D 49M 59S E 1151.89 FT ALG THE S LN OF THE
NW FRL 1/4 OF SD SEC 31 FOR REFERENCE POINT "A"
TH N ODD 15M 48S E 49.50 FT ALG THEW LN OF THE
E 200 FT OF THEW 426.07 FT OF THE SE 1/4 OF SD NW
FRL 1/4 OF SD SEC 31
TH N 00D 15M 48S E 497.00 FT
TH N 89D 49M 59S W 226.07 FT ALG THE N LN OF THE
S 546.50 FT OF SD SE 1/4 OF THE NW FRL 1/4 OF SEC 31
TH N 00D 15M 48S E 431.08 FT ALG THE W LN OF SD
SE 1/4 OF THE NW FRL 1/4 OF SEC 31
TH N 89D 58M 42S E 20.00 FT
TH N ODD 15M 48S E 74.00 FT
TH S 89D 58M 42S W 20 FT
TH N ODD 15M 48S E 232.37 FT ALG SD W LN OF THE
SE 1/4 OF THE NW FRL 1/4 OF SEC 31
TH S 33D 14M 47S E 437.94 FT ALG THE SW R/W LN OF THE RR
TH N 56D 45M 13S E 17 FT ALG SD R/W
TH S 33D 14M 47S E 152.90 FT ALG SD R/W
TH S 33D 25M 49S E 304.51 FT ALG SD R/W
TH N 89D 49M 59S W 184.14 FT ALG SD N LN OF THE
S 546.50 FT OF THE SE 1/4 OF THE NW FRL 1/4 OF SEC 31
TH S ODD l0M 01S W 100.00 FT
TH S 89 49M 59S E 34.00 FT
TH S ODD lOM 01S W 132.00 FT
TH SLY 87.50 FT ON A 237.00 FT RADIUS (24D 10M 32S DEG)
CURVE TO THE RT DELTA=21D 09M 11S
LONG CHORD BEARING S 10D 44M 36S W 87 FT
1
TH S 21D 19M 125 W 50 FT
TH SLY 111.86 FT ON A 303.00 FT RADIUS(18D 54M 345 DEG)
CURVE TO THE LT DELTA=21D 09M 115
LONG CHORD BEARINGS 10D 44M 365 W 111.23 FT
TH S OOD 10M 015 W 23.50 FT
TH N 89D 49M 595 W 79.49 FT ALG THEN LN OF THE S 49.50 FT
OF SD SE 1/4 OF THE NW FRL 1/4 OF SEC 31 TO POB
AND ALSO
RECOM AT SD REFERENCE POINT "A"
TH S 89D 49M 595 E 145.57 FT ALG SD S LN OF THE NW FRL 1/4
OF SD SEC 31
TH N OOD 10M 015 E 49.50 FT FOR POB
TH N OOD 10M 015 E 23.50 FT
TH NLY 87.50 FT ON A 237.00 FT RADIUS(24D 10M 325 DEG)
CURVE TO THE RIGHT DELTA= 21D 09M 115
LONG CHORD BEARING N 10D 44M 365 E 87 .00 FT
TH N 21D 19M 12 S E 50.00 FT
TH NLY 111.86 FT ON A 303.00 FT RADIUS(18D 54M 345 DEG)
CURVE TO THE LEFT DELTA=21D 09M 115
LONG CHORD BEARING N lOD 44M 365 E 111.23 FT
TH 5 OOD 10M 015 W 265.00 FT
TH N 89D 49M 595 W 54.43 FT ALG SD N LN OF THE S 49.50 FT
OF THE SE 1/4 OF THE NW FRL 1/4 OF SEC 31 TO POB
Parcel Number 61-24-131-100-0006-10
Currently Owned by: DDBP LLC
CITY OF MUSKEGON
COM AT SE COR OF NW FRL f/4
SEC 31 TlON R16W
TH N OOD OOM 005 E 1295.50 FT ALG E LN SD NW FRL 1/4
TH S 89D 46M 545 W 672.43 FT ALG S ROW LN YOUNG AVE & ITS EXTENSION IN
YOUNG & WILLIAMS ADDN FOR POB
TH S OOD OOM 005 E 320 FT ALG W ROW LN TEMPLE ST
TH S 89D 46M 545 W 349.77 FT
TH N 33D 14M 475 W 381.68 FT ALG NE ROW LN CSX RR
TH N 89D 46M 545 E 559.02 FT ALG SD S ROW LN YOUNG AVE TO POB
PROPOSED ESMT OVER RUDDIMAN CREEK DRAIN
THAT PT OF FOL DESC ESMT LYING OVER AND ACROSS ABOVE PARCEL
A SO FT WIDE STRIP OF LAND CL DESC AS
COM AT THEW 1/4 COR SEC 31 Tl ON R16W
TH S 89D 49M 595 E 1031.12 FT ALG S LN NW FRL 1/4 SD SEC 31 FOR POB OF SD CL
TH N 45D 25M 165 E 354 FT
TH N 02D 08M 165 E 495.50 FT
TH N 43D 12M 465 E 749.75 FT FOR POE SD CL ON S ROW LN YOUNG AVE IN YOUNG
& WILLIAMS ADDN THE SIDELINES OF SD 50 FT WIDE STRIP OF LAND EXTEND OR
SHORTEN TO ALLOW NO GAPS OR OVERLAPS
2
Parcel Number 61-24·131-100-0006-20
Currently Owned by: City of Muskegon
CITY OF MUSKEGON
COM AT THE SE COR OF THE NW FRL 1/4
SEC 31 TlON R16W
TH N OOD OOM 005 E 644.09 FT ALG E LN OF SD NW FRL 1/4
TH S 89D 39M 325 W 672.43 FT ALG S LN
OF YOUNG & WILLIAMS ADON FOR POB
TH SOOD OOM ODS E 199.24 FT ALG THE EXTND W LN OF SD
YOUNG & WILLIAMS ADON
TH N 330 25M 495W 395.38 FT ALG NE R/W LN OF CSX RR
TH N 89D 40M 005 E 217.83 FT
TH S OOD OOM ODS W 132.00 FT ALG SD W LN OF
YOUNG & WILLIAMS ADON TO POB
Parcel Number 61·24·131-100-0014-00
Currently Owned by: Norwood, Ernest R/Ernest K
CITY OF MUSKEGON
SEC 31 TlON R16W
W 426.07 FT OF S 546.5 FT
OF SE 1/4 OF NW 1/4
EX S 49.5 FT TH'OF
EXC ELY 200 FT
& EXC COM @ SW COR OF SE 1/4 OF NW 1/4 OF SD SEC FOR POB
TH N O DEG E 162 FT
TH S 90 DEG E 60 FT
TH S O DEG E 162 FT
TH W 60 FT M/L TO POB
Parcel Number 61-24-131-200-0004-00
Currently Owned by: Shoreline Metal Fabrication
CITY OF MUSKEGON
PART OF NW 1/4 OF NE 1/4 SEC 31 TlON R16W
DESC AS FOL
COM AT N 1/4 COR SD SEC
TH S ALNG N/S 1/4 LN SD SEC 33 FT
TH N 89D SOM E 33.00 FT FOR POB
TH CONT N 89D SOME ALNG S LN LAKETON AVE 58.30 FT
TH ON A CURVE TO THE RT WITH RADIUS OF 908.9 FT A DIST OF 162.85 FT
(LONG CHORD BEARS S 35D 11M E FOR 162.5 FT)
TH S 300 3M E 285.38 FT
TH ON A CURVE TO LT WITH A RADIUS OF 1047 .2 FT A DIST OF 182. 77 FT
THE LONG CHORD BEARS S 350 3M E FOR 182.53 FT
TH S 40D 3M E TO A POINT 659.00 FT SAND AT RT ANG
TO N LN OF NW 1/4 OF NE 1/4 SD SEC
TH S 890 SOM W 170.96 FT
TH N 300 28M W 608.80 FT TO E LN PARK ST
TH N 100 FTTO POB
3
Parcel Number 61-24-230-001-0001-00
Currently Owned by: ICD Property Co LLC
CITY OF MUSKEGON
PART OF BLK 1 OF
DENNIS SMITH & CO'S 2ND ADD
ALSO W 33 FT VAC FAIRVIEW ST
& PART OF VAC MAY ST
& ALSO PART OF NW ¼ OF NE ¼ SEC 31 Tl0N R16W
LYING ELY OF PENN CENTRAL RR ROW DESC AS FOL
COM AT NE COR LOT 7 DENNIS SMITH & CO'S ADD
TH N 89D 58M 005 W ALG SLY R-O-W LN LAKETON AVE A DIST OF 285.08 FTTO POB
TH S 34D 34M 285 E A DIST OF 291.58 FT
TH S 89D 46M 005 E A DIST OF 151.64 FT
TH SOOD 14M 005 WA DIST OF 287.69 FT
TH N 89D 58M 005 WA DIST OF 127.94 FT
TH N 30D 15M 005 W ALG ELY ROW LN OF SD PENN CENTRAL RR A DIST OF 215.77
FT
TH N 34D 38M 005 W A DIST OF 281.80 FT
TH NWLY A DIST OF 130.08 FT ALGA CURVE TO THE RT CURVE DATA BEING
RADIUS = 1432.69 FT DELTA = 0SD 12M 085 LC = 130.04 FT LC BEARING = N 32D
07M 005 W
TH S 89D 58M 005 E ALG SLY ROW LN OF LAKETON AVE A DIST OF 150 FT TO POB
TOGETHER WITH & SUBJ TO A 20 FT WIDE ESMT FOR ACCESS
Parcel Number 61-24-230-001-0001-10
Currently Owned by: ICD Property Co LLC
CITY OF MUSKEGON
LOTS 5-7 & PART OF LOTS 2-4 & LOTS 8 & 9 BLK 1 &
LOTS 4-7 & LOTS 14-17 & PART OF LOTS 8-10 & 13 OF BLK 2
DENNIS SMITH & CO'S 2ND ADD
ALSO E 33 FT VAC FAIRVIEW ST & PART OF VAC MAY ST
ALSO PART OF LOTS 1-3 OF BLK 8 OF ERWIN & KEATING'S ADD &
ALSO PT OF NW¼ OF NE ¼ SEC 31 TlON R16W
LYING ELY OF PENN CENTRAL RR ROW DESC AS FOL
BEG AT NE COR LT 7 DENNIS SMITH & CO'S ADD SD PT BEING THE POB
TH SOOD 14M 005 W ALG WLY ROW LN KEATING ST (F/K/A FAIRVIEW ST) DIST OF
150.28
TH N 89D 31M 055 E A DIST OF 329.11 FT
TH SOOD 11M 475 E ALG WLY ROW LN OF 6TH ST A DIST OF 224.34 FT
TH S 89D 09M 045 WA DIST OF 149.91 FT
TH SOOD 14M 005 WA DIST OF 140.37 FT
TH N 89D 58M 005 WA DIST OF 17.87 FT
TH SOOD 14M 005 WA DIST OF 168.77 FT
TH N 89D 58M 005 W A DIST OF 152.43 FT
TH NWLY ALG ELY R-O-W LN SD PENN CENTRAL RR A DIST OF 187.27 FT ALGA
CURVE TO THE RT CURVE DATE BEING RADIUS= 1412.36FT DELTA= 07D 35M 505
LC= 187.14 FT
4
LCB = N 34D 0SM 405 W
TH S 89D 58M 005 EA DIST OF 127.94 FT
TH N 00D 14M 005 EA DIST OF 287.69 FT
TH N 89D 46M 005 W A DIST OF 151.64 FT
TH N 34D 34M 285 W A DIST OF 291.58
TH S 89D 58M 005 E ALG SLY R-O-W LN OF LAKETON AVE A DIST OF 285.08 FTTO
POB
Parcel Number 61-24-290-012-9991-00
Currently Owned by: Michigan Shore Railroad
CITY OF MUSKEGON
ERWIN & KEATINGS ADD
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING NORTHERLY OF A LINE
DESCRIBED AS
COM AT N 1/4 COR SD SEC
TH S ALNG N/5 1/4 LN SD SEC 33 FT
TH N 89D SOM E 33.00 FT
TH CONT N 89D SOM E ALNG S LN LAKETON AVE 58.30 FT
TH ON A CURVE TO THE RT WITH RADIUS OF 908.9 FT A DIST OF 162.85 FT
(LONG CHORD BEARS S 35D 11M E FOR 162.5 FT)
TH S 30D 3M E 285.38 FT
TH ON A CURVE TO LT WITH A RADIUS OF 1047 .2 FT A DIST OF 182. 77 FT
THE LONG CHORD BEARS S 35D 3M E FOR 182.53 FT
TH S 40D 3M E TO A POINT 659.00 FT S AND AT RT ANG
TO N LN OF NW 1/4 OF NE 1/4 SD SEC FOR POB OF SAID LINE
TH N 89D SOM E PAR TO N LN OF NW ¼ OF NE ¼ SD SEC TO THE EAST LINE OF
RAILROAD ROW AND POINT OF ENDING OF SAID LINE
ENTIRE BLK F
ALSO ENTIRE BLK G
ALSO W 1/2 OF VAC ALL ABUIBNG SD LOTS ONE SIDE OF BLK G
FROM LAKETON AVE TO COMMERCE ST
ALSO LOTS 1 & 2 BLK 10
ALSO THAT PART OF VAC SHELBY AVE ADJ THERETO
ALSO THE ORIGINAL UNPLATTED
MUSKEGON GRAND-RAPIDS & INDIANA RAILWAY
IN NW 1/2 OF NE 1/4 SEC 31
EXC ANY PART OF M GR & I RR ROW WITHIN FOLL DESC PROPERTY
PART OF NW1/4 OF NE1/4 SEC 31 T10N R16W
& PT OF BLK 10 ERWIN & KEATINGS ADD
COM AT SECOR LAKETON AVE & PARK ST
TH N 89 DEG 50 MIN E 58.3 FT
TH ON A CURVE TO THE RIGHT WITH RADIUS OF 908.9 FT
A DIST OF 162.85 FT
(LONG CHORD BEARS S 35 DEG 11 MIN E FOR 162.5 FT)
TH S 30 DEG 3 MIN E 285.38 FT
TH ON A CURVE TO THE LEFT WITH A RADIUS OF 1047 .2 FT
A DIST OF 182. 77 FT
5
THE LONG CHORD BEARS S 35 DEG 3 MIN E FOR 182.53 FT
TH S 40 DEG 3 MIN E 130 FT
TH 5 89 DEG 50 MIN W 170.96 FT
TH N 30 DEG 28 MIN W 190 FT
TH N 25 DEG W 515 FTTO POB
Parcel Number 61-24-895-001-0001-00
Currently Owned by: City of Muskegon
PT BLK 1 AND PT VAC ALLEY IN SD BLK 1
YOUNG & WILLIAMS ADON
COM AT SECOR OF THE NW FRL 1/4 SD SEC
TH N 00D QOM 005 E 1295.50 FT ALG E LN SD NW FRL 1/4
TH 5 89D 46M 545 W 33.00 FT ALG S ROW LN YOUNG AVE & ITS EXTENSION IN SD
YOUNG & WILLIAMS ADON FOR POB
TH S 00D 00M 005 W 249.79 FT ALG THEW R/W LN PARK AVE
TH S 89D 43M 305 W 274.43 FT
TH N 00D QOM 005 E 250.08 FT ALG E ROW LN WAALKES ST
TH N 89D 46M 545 E 274.43 FT ALG SD 5 ROW LN YOUNG AVE TO POB
Parcel Number 61-24-895-001-0006-00
Currently Owned by: Eastwood Development LLC
YOUNG & WILLIAMS ADON
PT OF BLK 1 & PT OF VAC ALLEY IN SD BLK 1
COM @ SE COR OF NW FRL 1/4 OF SD SEC
TH N 00D 00M 005 E 795 FT ALG E LN OF SD NW FRL 1/4
TH 5 89D 40M 005 W 33 FT ALG N ROW LN DELANO AVE &
ITS EXTENSION IN SD YOUNG & WILLIAMS ADON FOR POB
TH 5 89D 40M 005 W 274.43 FT ALG SD ROW LN
TH N 00D 00M 005 W 251.06 FT ALGE ROW LN OF WAALKES ST
TH N 89D 43M 305 E 274.43 FT
TH 5 00D 00M 005 E 250.78 FT ALG W ROW LN OF PARK AVE TO POB
Parcel Number 61-24-895-002-0001-00
Currently Owned by: City of Muskegon
CITY OF MUSKEGON
PT OF BLK 2 AND PT OF THE VAC ALLEY IN SD BLK 2
YOUNG & WILLIAMS ADON
COM AT THE SECOR OF THE NW FRL 1/4
SEC 31 TlON R16W
TH N 00D QOM 005 E 1295.50 FT ALG THE E LN
OF 5 NW FRL 1/4
TH 5 89D 46M 545 W 373.43 FT ALG THE 5 R/W LN
OF YOUNG AVE AND ITS EXTENSION IN SD
YOUNG & WILLIAMS ADON FOR POB
TH 5 DOD DOM 005 W 250.13 FT ALG THEW R/W LN
OF WAALKES ST
TH 5 89D 43M 305 W 266.00 FT
6
TH N 00D QOM 005 E 250.39 FT ALG THEE R/W LN
OF TEMPLE ST
TH N 89D 46M 545 E 266.00 FT ALG SD S R/W LN
OF YOUNG AVE TO POB
PROPOSED ESMT OVER RUDDIMAN CREEK DRAIN:
THAT PT OF THE FOLLOWING DESCRIBED ESMT
LYING OVER AND ACROSS THE ABOVE PARCEL
A 50 FT WDE STRIP OF LAND
C/L DESCRIBED AS COM AT THEW 1/4 COR OF
SEC 31 TlON R16W
TH S 89D 49M 595 E 1031.12 FT ALG THE S LN OF THE
NW FRL 1/4 OF SD SEC FOR POB OF SD C/L
TH N 45D 25M 16M E 354.00 FT
TH N 02D 0BM 165 E 495.50 FT
TH N 43D 12M 465 E 749.75 FT FOR POE OF SD C/L
ON THE S R/W LN OF YOUNG AVE IN
YOUNG & WILLIAMS ADDN
THE SIDELINES OF SD 50 FT WIDE STRIP OF LAND
EXTEND OR SHORTEN TO ALLOW NO GAPS OR
OVERLAPS
Parcel Number 61-24-895-002-0006-00
Currently Owned by: City of Muskegon
CITY OF MUSKEGON
PT OF BLK 2 AND PT OF THE VAC ALLEY IN SD BLK 2
YOUNG & WILLIAMS ADDN
COM AT THE SE COR OF THE NW FRL 1/4
SEC 31 TlON R16W
TH N ODD QOM ODS E 795.00 FT ALG THE E LN OF
SD NW FRL 1/4
TH S 89D 40M 005 W 373.44 FT ALG THEN R/W LN
OF DELANO AVE AND ITS EXTENSION IN SD
YOUNG & WILLIAMS ADDN FOR POB
TH S 89D 40M DOS W 199.00 FT ALG SD R/W LN
TH N 00D QOM 005 E 17.00 FT ALG SD R/W LN
TH S 89D 40M 005 W 67.00 FT ALG SD R/W LN
TH N ODD QOM 005 W 234.40 FT ALG THEE R/W LN
OF TEMPLE ST
TH N 89D 32M305 E 266.00 FT
TH S DOD QOM 005 E 251.13 FT ALG THEW R/W LN
OF WAALKES ST TO POB
Parcel Number 61-24-895-003-0001-00
Currently Owned by: City of Muskegon
CITY OF MUSKEGON
BLK 3 AND THE VAC ALLEY IN SD BLK 3 AND
PT OF VAC WAALKERS ST YOUNG & WILLIAMS ADDN
COM AT THE SECOR OF THE NW FRL 1/4 OF
7
SEC 31 Tl0N R16W
TH N 00D 00M 00S E 644.09 Ff ALG THE E LN OF
SD NW FRL 1/4;
TH S 89D 39M 32S W 340.23 Ff ALG THE S LN OF
SD YOUNG & WILLIAMS ADDN FOR POB
TH S 89D 39M 32S W 299.00 Ff ALG SD S LN
TH N 00D 00M 00S W 68.00 Ff ALG THE W LN OF
SD BLK 3
TH N 89D 40M 00S E 67.00 Ff ALG THE S ROW OF
DELANO AVE
TH N 00D 00M 00S W 17.00 Ff ALG SD R/W LN
TH N 89D 40M 00S E 232.00 Ff ALG SD R/W LN
TH SOOD 00M 00S E 84.95 Ff ALG THE C/L OF
VAC WAALKES STTO POB.
Parcel Number 61-24-895-004-0001-00
Currently Owned by: Schultz Transport Inc
CITY OF MUSKEGON
SEC 31 Tl0N R16W
YOUNG & WILLIAMS ADDN
BLK 4 AND VAC ALLEY IN SD BLK 4
AND PT OF VAC WAALKES ST
COM AT SE COR OF NW FRAC 1/4
TH N 00D 00M 00S E 644.09 Ff ALG E LN SD NW FRAC 1/4
TH S 89D 39M 32S W 33.00 Ff ALG S LN SD YOUNG & WILLIAMS ADDN FOR POB
TH S 89D 39M 32S W 307.43 Ff ALG SD S LN
TH N 00D 00M 00S W 84.95 Ff ALG CL VAC WAALKES ST
TH N 89D 40M 00S E 307.43 Ff ALG S ROW LN DELANO AVE
TH SOOD 00M 00S E 84.91 Ff ALG W ROW LN PARK AVE TO POB
8
Commission Meeting Date: February 27, 2007
Date: February 20, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cibL
RE: Environmental Program Terrace Trash Clean-up Contract
SUMMARY OF REQUEST:
The special trash pick-up on city terraces and right-of-ways associated with our
Environmental Inspections program is currently being performed by Diversified UG
Utilities Inc. and will expire on March 31, 2007. Included in this contract was an option to
extend the agreement for one year, expiring on March 29, 2008. The contractor has
requested to exercise the one year extension option at the current rates.
FINANCIAL IMPACT:
Considering the various increases in costs it is highly likely that a new contract bidding
would result in higher pricing to the city.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the one year contract extension with Diversified UG Utilities Inc. for the
special trash pick-ups along city right of ways, as directed by environmental inspections
staff.
COMMITTEE RECOMMENDATION: None
I,
MAR 2 ,;, 2006
'. ,J~)r\E130N
CITY OF MUSKEGON ' - , ' ,EPARTMrnr
CONTRACT FOR SERVICES
This Agreement is effective on this 31st. day of March, 2006, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and,
Linnette Kruszynski, of Diversified UG Utilities Inc. ("Contractor"), with reference to the
following facts:
Background
A. City requested bid proposals for trash clean up of the right-of-ways and te1Tace areas of
City-owned, State-owned and privately owned prope1iies located within the City limits of
Muskegon as listed above.
B. Contractor submitted a bid proposal for trash clean up of the right-of-ways and terrace
areas of City-owned, State-owned and privately-owned properties located within the City
limits of Muskegon as listed above.
Therefore, the parties agree as follows:
1. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;
b. All descriptions of services not included in this Agreement but used in
connection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or p1ioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to trash clean np of the above listed
properties. Contractor shall perform the services set forth in this contract in a timely,
workman-like manner.
a. Garbage, debris and waste removal. Contractor shall pick up
and remove all garbage, debris, trash and waste materials,
including but not limited to cans, bottles, loose papers, dead tree
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limbs, grass and bush clippings, abandoned/broken/unused
household appliances, furniture, and other like items.
b. Disposal.
i. Contractor shall handle and dispose of Freon according
to the applicable State and Federal mandates.
11. Contractor shall ensure the separation and individual
disposal of garbage and lawn debris.
iii. All garbage, debris, trash, waste materials, grass, weeds,
brush, appliances, furniture and other items removed
from each site shall be transported by the Contractor for
disposal to a location predetermined by City at the
conclusion of each work-day. Additional daily trips to
the disposal site may be required due to workload.
c. Photographs. Contractor shall photograph each job site plior
to and after completion. The photographs will indicate each job
site address and/or location to ensure proper identification of the
location and/or property. The photographs shall also indicate the
date the picture was taken. All film and processing costs
associated with this service shall be the sole responsibility of the
Contractor.
d. Record Keeping. Contractor agrees to keep proper records of
all work performed on behalf of City.
e. Other. Contractor may be required to perform other related
work as deemed necessary by the City Planning Department.
•
3. Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such matelials. All equipment must meet the safety standards as required
byMIOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. In that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
b. Required Equipment.
1. One ( 1) truck.
ii. One (1) truck trailer. Minimum size: 10 yards with a 4,000 lb.
capacity.
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iii. Alternative equipment may be proposed for use but requires City
approval prior to use.
1v. Chain saws.
v. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
vii. Digital Cameras. Minimum 3 megapixel resolution with automatic
dating capacity.
4. Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the perfom1ance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
perfom1ance of Contractor's obligations under this Agreement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph 1.
6. Assignments. Work assignments are determined on an as needed basis.
7. Contractor Work Crew.
Number. The contractor shall provide the staff needed to efficiently and
economically perform the task required. The city reserves the right to limit the
size of work crews at any time.
a. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
perfonnance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any the following
methods:
i. Telephone;
11. Cellular Telephone
111. Beeper
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
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b. Completion. All jobs listed in a work order must be completed within one (I)
working day following issuance of the work order by City. Time extensions may
be permitted for inclement weather and similar restricting circumstances, as
detem1ined by the City. All completed work orders shall be returned to the City
by 8:00 a.m. the following work day after the work is completed.
10. Payment.
a. Form.
1. Requests for payment shall be submitted on a form prepared and
approved by the City;
ii. Requests shall include a list of addresses with the corresponding cost of
each job.
iii. Requests shall be on a per-job basis; total amount per job to be agreed to
by the Contractor and City Representative.
1v. Requests for work completed that were not performed in compliance
with subsection 9(b) may not be compensated.
v. Inadvertent payment made to the Contractor for work not performed in
compliance with the tenns of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequency. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall not be charged by Contractor.
11. Specific Reservations.
a. City reserves the right to have the City refuse contractor cle.an up the debris and/or
trash left on the terrace at a work site property on an as needed basis.
b. · City reserves the right to use volunteers, court ordered public service workers and/or
prisoners in lieu of Contractor's services for any work indicated throughout this
Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on March 31st, 2006, and shall remain in full
force and effect until March 31 ", 2007, with an annual extension option through
March 31", 2008.
b. This Agreement may be terminated by either party, without cause, upon thirty
(30) days' written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall conllllence work no later than the time set
forth in the Agreement.
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b. Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement ofperfonnance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute perfomrnnce.
Failure to perform pursuant to this Agreement for a period in excess of three (3)
consecutive, scheduled, working days, or failure for a similar period, to perfo1m
in the manner required, and provided such failure is not a result of war,
insurrection, riots, or acts of God, the City may, at its option and after written
notice to Contractor, utilize any or all of Contractor's equipment used in
performance of this Agreement until such time the matter is resolved and the
Contractor is performing under the tem1s of the Agreement.
Any and all expenses incurred by City during such time may be deducted from
payments due or to become due to Contractor.
Should Contractor be unable to resume perfomrnnce at the close of ten (10)
calendar days, all liability of the City under this Agreement shall cease and City
shall be free to negotiate with other contractors for the performance of work.
Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten (I 0)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
agrees to defend, pay in behalf of, indemnify, and hold harmless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalfofthe City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
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claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold harmless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life ofthis contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability Insurance, in accordance with all applicable
Statutes of the State of Michigan.
e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
occurrence and/or aggregate combined single limit, Pei"sonal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Fo,m General Liability Extensions
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional lnsnred. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof. The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon g;
hereby added as an additional insured ... "
g. Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage. Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
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/'
1. Two (2) copies of Certificate oflnsurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Conunercial General
Liability Insurance; and
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
1. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten ( 10) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the perfom1ance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this ·
Agreement or to cure such noncompliance.
16. General Provisions:
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other paity's address set forth in this Agreement
or·~t any other address that the other pmty provides in writing. Notices given in
person are effective on the day they are given.
b. 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.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion._
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
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f. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
g. 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.
h. Venue. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdiction and venue.
1. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the te1m(s) stated in this document.
City-.
Date: !1larcb ,2 t/, 2006
And: ~1 Q .
Gail A. Kundinger, MMC
rl&-,,AON
d
City Clerk
Date: MAY:d, ;;>;;, , 2006
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Schedule I of Agreement
CONTRACT PRICE PROPOSAL
This proposal is for clean up and transportation labor based upon each individual clean-up assignment.
I-Year Bid 2-Year Bid
I. Fee to pick up first ½ ton. $60.00
2, Fee to pick up ½ - 1 ton.
$110.00
3. Fee to pick up 1 - 2 tons,
$150.00
4. Fee to pick up over 2 tons
Fee to be detennined on a case by case basis.
EQUIPMENT LIST
List all of the equipment that you own or have access to for this contract.
TRUCK Date Owned or Leased Name of Lessor Name of Vendor
W/LARGE.TRAILER
Year/Make/Model
2000 Ford F-550 w/6,000 lb. crane - 16 ft. Flatbed trailer w/side racks
I.
2000 Ford F-550 Dump (5 yd) - 30' triple axle flatbed trailerw/side
2. · acks
1999 Ford F-550 Stake Bed - tandem axle enclosed trailer (12')
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1997 Ford F-350 - United enclosed trailer - 14' ( 2000)
4, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CAMERA Date Owned or Leased Name of Lessor Name of Vendor
Type/How Many?
Kodak DX 4900 4rnegapixel (owned)
I.
Kodak (owned)- digital
2. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
4,
0:IP!anninglCOMMON\Environmenlal\Terrace pickups\\errace clean-up contract.doc
Commission Meeting Date: February 27, 2007
Date: February 23, 2007
To: Honorable Mayor & City Commission
I 0,(/
From: Planning & Economic Development Department ·"
RE: Set Public Hearing for Amendment to Brownfield
Plan- Hot Rod Harley
SUMMARY OF REQUEST: To approve the attached resolution setting a public
hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions
of the Brownfield Plan Amendment including the opportunity to express their views
and recommendations regarding the proposed amendment at the public hearing.
The amendment is for the inclusion of property owned Muskegon Downtown
Believers, LLC, located at 149 Shoreline Drive, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in including the project in the
Brownfield Plan, although the redevelopment of the site into a commercial
development will eventually add to the tax base in Muskegon.
BUDGET ACTION REQUIRED: None.
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 February 23, 2007 and approved the Brownfield Plan Amendment and
recommends the approval of the Brownfield Plan Amendment to the Muskegon City
Commission. In addition, the Brownfield Redevelopment Authority recommends that
the Muskegon City Commission set a public hearing on the Plan Amendment for
March 27, 2007.
2007-lS(h)
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
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 27th day of February, 2007, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
MembeIB Wierenga, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
ABSENT: Members
None
The following preamble and resolution were offered by Member
--=-G=aw-"-r=-o=-'n-'---_ _ _ and supported by Member_C_a_r-'-t__
er_ _ __
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
Redevelopment of the Terrace Lots, 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 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, 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 2yth of March, 2007 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 20 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 March 27, 2007, 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:
Hot Rod Harley
149 Shoreline Drive
Muskegon, Michigan
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.
\\\~'\-~\_;~ ~/(_J(,\__\
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, Davis, Gawron, Shepherd, Spataro,
Warmington, and Wierenga
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
\>:t'y~/\~\ . () I
~'--.iv~. ;:,~-'\ }/'-")
Ann 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 February 27, 2007, 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.
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT
AUTHORITY
BROWNFIELD PLAN AMENDMENT
"Hot Rod Harley"
Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment
Authority on February 23, 1998, with amendments approved 8/10/98; 6/13/00; 4/15/03;
7/7/03; 4/20/04; 6/21/04;9/8/04; and 9/5/06.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998, with amendments approved 8/11/98; 7/11/00; 5/27/03; 8/12/03; 5/25/04;
7/13/04; 7/27/04; 10/12/04, and 10/24/06.
City of Muskegon Brownfield Plan Amendment
February 2007
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
11. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
Ill. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11/98)
C. Beacon Recycling (Approved 7/11/00)
D. Verplank Dock Company (Approved 5/27/03)
E. Gillespie Development Property (Approved 8/12/03))
F. Loft Properties, LLC Property (Approved 8/12/03)
G. Parmenter O'Toole Property (Approved 8/12/03)
H. "The WaterMark" Project (Approved 5/25/04)
I. Northern Machine Tool (Approved July 13, 2004)
J. Terrace Lots Office Building (Approved July 13, 2004)
K. Art Works Apartments (Approved July 27, 2004)
L. Former Muskegon Mall (Approved October 12, 2004)
M. Vida Nova at Edison Landing (Approved 10/10/06)
N. Western Ave. Properties LLC and Port City Development Services, LLC
(Approved 10/10/06)
0. Viridian Place at Edison Landing (Approved 10/24/06)
P. Hot Rod Harley (Approved _ _ _ _ ___}
City of Muskegon Brownfield Plan Amendment
February 2007
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential properties
within the boundaries of the City of Muskegon (the "City"), the City established the City
of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381
of 1996, Public Acts of Michigan, as amended ("Act 381"), and a resolution adopted by
the Muskegon City Commission on February 10, 1998.
The major purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of
eligible properties within the City that are impacted by the presence of hazardous
substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria
("facilities") or that have been determined to be Functionally Obsolete or Blighted.
Inclusion of property within this Plan can facilitate financing of environmental response
activities, infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide tax incentives to
eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating
redevelopment of underutilized eligible properties, the Plan is intended to promote
economic growth fro the benefit of the residents of the City and all taxing units located
within and benefited by the Authority.
This plan is intended to be a living document, which can be amended as necessary to
achieve the purposes of Act 381. It is specifically anticipated that properties will be
continually added to the Plan as new projects are identified. The Plan contains general
provisions applicable to each site included in the Plan, as well as property-specific
information for each project. The applicable Sections of Act 381 are noted throughout
the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act 381, as
amended. Additional information is available from the City Manager.
City of Muskegon Brownfield Plan Amendment
February 2007
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1 ){a))
Any site-specific costs of implementing this Plan are described in the site-specific
section of the Plan. Site-specific sources of funding may include tax increment financing
revenue generated from new development on eligible brownfield properties, state and
federal grant or loan funds, and/or private parties. Where private parties finance the
costs of eligible activities under the Plan, tax increment revenues may be used to
reimburse the private parties. The initial costs related to preparation of the Brownfield
Plan were funded by the City's general fund. Subsequent amendments to the Plan are
funded by the person requesting inclusion of a project in the Plan.
The Authority intends to pay for administrative costs and all of the things necessary or
convenient to achieve the objectives and purposes of the Authority with any eligible tax
increment revenues collected pursuant to the Plan, including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, including legal fees, and
iii) costs for Plan implementation
These eligible tax increment revenues are identified in the site-specific sections of this
Plan. As noted above, most costs related to the preparation of Plan amendments are
borne by the person requesting inclusion of a project within the Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e)))
The Authority does not intend at this time to incur debt, such as through the issuance of
bonds or other financing mechanisms. In the future, the City or Brownfield Authority may
incur some debt on a site-specific basis. Please refer to the site-specific section of this
Plan for details on any debt to be incurred by the City or Authority. When a property
proposed for inclusion in the Plan is in an area where tax increment financing is a viable
option, the Authority intends to enter into Development Agreements with the property
owners/developers of properties included in the Plan to reimburse them for the costs of
eligible activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific section
of the Plan.
City of Muskegon Brownfield Plan Amendment
February 2007
C. Duration of the Brownfield Plan (Section 13(1)(0)
The Plan, as it applies to a specific eligible property, shall be effective up to five (5)
years after the year in which the total amount of any tax increment revenue captured is
equal to the total costs of eligible activities attributable to the specific eligible property, or
thirty (30) years from the date of approval of the Plan as it relates to an individual site,
whichever is less. The total costs of eligible activities include the cost of principal and
interest on any note or obligation issued by the Authority to pay for the costs of eligible
activities, the reasonable costs of a work plan or remedial action plan, the actual costs of
the Michigan Department of Environmental Quality's or Michigan Economic Growth
Authority's review of the work plan or remedial action plan, and implementation of the
eligible activities.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(1 Ji, i,k,I))
At this time, eligible properties identified in this Plan do not contain residences, nor are
there any current plans or intentions by the City for identifying eligible properties that will
require the relocation of residences. Therefore the provisions of Section 13(1)(i-l) are
not applicable at this time.
E. Local Site Remediation Revolving Fund (Section 8: Section 13(1)(m))
At the time this Plan includes a property for which taxes will be captured through the
increment financing authority provided by Act 381, it is the Authority's intent to establish
a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax
increment revenues that exceed the costs of eligible activities incurred on an eligible
property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture
of tax increment revenue from an eligible property for up to 5 years after the time that
capture is required for the purposes of paying the costs of eligible activities identified in
the Plan. It is the intention of the Authority to continue to capture tax increment
revenues for 5 years after eligible activities are funded from those properties identified
for tax capture in the Plan. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured for
eligible activities under this Plan. It may also include funds appropriated or otherwise
made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and private
parties for the costs of eligible activities at eligible properties and other costs as
permitted by Act 381. It may also be used for eligible activities on eligible properties for
which there is no ability to capture tax increment revenues. The establishment of this
Revolving Fund will provide additional flexibility to the Authority in facilitating
redevelopment of brownfield properties by providing another source of financing for
necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
February 2007
Ill. SITE SPECIFIC PROVISIONS
P. HOT ROD HARLEY DAVIDSON
Eligibility and Project Summary (Sec. 13(1)(hl)
The Hot Rod Harley project involves redevelopment of over 5 acres of property located
between Shoreline Drive, Terrace Street, and Western Ave., an area most recently
referred to as the Terrace Lots. This property was formerly part of the Teledyne
Continental Motors manufacturing facility. The project is located directly south of
Edison Landing, and east of the new National City Bank Building. A legal description,
map and site plan is included in Attachment P-1.
Several "eligible activities" have already been undertaken on the property. The subject
property has been determined to be "eligible property'' as defined by Act 381 through
information obtained from Phase I and II Environmental Site Assessments and a
Baseline Environmental Assessment conducted by Lakeshore Environmental on August
18, 2006. Historic fill materials containing elevated concentrations of heavy metals,
similar to those found to exist along the Muskegon Shoreline, have been documented in
site soils, thereby defining the site as a "facility" pursuant to Part 201 of the Natural
Resources and Environmental Protection Act. A Due Care Plan has been prepared to
assure site redevelopment does not exacerbate these environmental conditions, and to
assure that no unacceptable exposures result from the redevelopment. This eligible
property includes all real and personal property.
Hot Rod Harley Davidson is a full-service Harley Davidson Motorcycle dealership,
currently located at 590 Ottawa Street in Muskegon. They intend to relocate their
business to Downtown Muskegon, to become a part of Muskegon's new revitalized
downtown and Muskegon Lake shoreline area. Hot Rod Harley hopes to attract
motorcyclists from throughout Michigan and the Midwest through a week-long
motorcycle festival (Bike Week).
The project will include removal of the former concrete foundation and former tunnels,
relocating utilities, construction of new infrastructure, and placement of fill materials to
raise the site grade and serve as a cap for impacted soils. A new steel and brick 2-story
40,000 square foot building will be constructed to house the new Hot Rod Harley
Davidson display showroom for Harley Davidson Motorcycles and apparel, Service
Department, Parts Department, parts storage area and motorcycle storage areas. The
exterior will include landscaping, parking, and drive areas, including a large parking lot to
the east of the main building. Site preparation activities have been ongoing since
summer of 2006; construction on the new building is planned to start in spring 2007.
Hot Rod Harley currently employs 20 with an average annual salary ranging from $30 -
$35,000. The new location will allow them to add 10 employees. The total estimated
capital investment in the project is estimated at over $3. 7 million.
Eligible Activities, Financing, Cost of Plan (Sec. 13(1)(a),(b),(c),(d),(g))
Eligible activities that have been conducted on the Property by the purchaser/developer
include completion of a Phase I and II Environmental Site Assessment, and preparation
City of Muskegon Brownfield Plan Amendment
February 2007
of a Baseline Environmental Assessment and Section 7a (Due Care) Compliance
Analysis. Due Care response activities will also be undertaken by the developer as
required by the Due Care Plan, such as capping impacted soils. However, no eligible
activity costs are proposed to be financed with tax increment revenues, since all new tax
increments are already being captured through the ODA. As such, there are no costs to
the City of Muskegon or its taxing jurisdictions as a result of the Hot Rod Harley
Davidson project being included in this Plan.
Single Business Tax Credit
The Hot Rod Harley project is included in the Plan to enable "qualified taxpayers" as
defined by Section 38d of Act 228 of 1975, as amended, to avail themselves of eligibility
for a credit against their Michigan single business tax liability for "eligible investments" as
defined by P.A. 228. "Eligible Investments" include demolition, construction, restoration,
alteration, renovation, or improvement of buildings or site improvements on eligible
property and the addition of machinery, equipment, and fixtures to eligible property after
the effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Hot Rod Harley project was added to this Plan on _ _ _ _ _ _ _ _ _ .
City of Muskegon Brownfield Plan Amendment
February 2007
ATTACHMENT P-1
LEGAL DESCRIPTION AND SITE PLAN
HOT ROD HARLEY
II ~:~~~~~s?:l~f~
SITE MAP
FOR: SIDOCK GROUP
5' MICHIGAN CONSOLIDATE GAS 0)
EASEMENT Ll18 P. 364-370
b"'
O:l -
~r--.
"' .
c-
.
l3l
CURVE~
L£NGTH=324.8
RADIUS=339.98'
L.C.=312.61'
L.C.8.=N23"05'02"W
D£LTA=54"44'J2"
;
AS A PROF£55/0NAL LAND SURVEYOR OF THE STATE OF MICHIGAN,
I DO HEREBY CERTIFY THAT TO THE BEST OF MY PROFESSIONAL
KNOWLEDGE ANO BELIEF, I HAVE SURVEYED THE PROPERTY AS
DE:SCR/8£0 AND SHOWN HEREIN AND THAT THERE EXISTS NO VISIBLE
ENCROACHMENTS ON SAID PROPERTY UNLESS NOTED AND THAT
THIS SURVEY WAS PREPARE:D IN ACCORDANCE WITH A DESCRIPTION
FURNISHED BY OTHERS AND SHOULD BE COMPARED TO THE ABSTRACT
OF TITLE OR TITLE POLICY FOR ACCURACY, EASEMENTS, OR EXCEPTIONS.
THIS SURVEY DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT
AN EXPRESSED RECERTIFICATION BY THE SURVEYOR.
FILE NO: WS-07-0040
SCALE: 1" = 100'
SURVEYED BY:
STANLEY J. KASS
P.S. NO. 34972 DATE: ORN BY: BJA
2534 BLACK·CREEK ROAD
MUSKEGON Ml. 49444 DEEDS PREPARED UTILIZING TH!S LEGAL
PHONE , [2J!l777-J447 DESCRIPTION FOR CONVEYANCES MUST
FAX , (2J1)71J-J45J MEET THE REQUIREMENTS OF SECTION 109
SHEET 1 OF 2 PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.
@ COPYRIGHT 2007
II ~:~~l~~s?1~!~
SITE MAP
FOR: S/DOCK GROUP
PROPERTY DESCRIPTION
THAT PART OF BLOCKS 554, 556, 557 AND THAT PART OF VACATED MARKET STREET AND WATER
STREET, OF THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON, AS RECORDED IN UBER
3 OF PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, FURTHER DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH MOST CORNER OF BLOCK 556 OF SAID REVISED PLAT (ALSO BEING
THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY LINE OF WESTERN AVENUE AND THE
NORTHERLY RIGHT-OF-WAY LINE OF TERRACE STREET);
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID TERRACE STREET, A DISTANCE OF 254.93 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG SAID LINE, A
DISTANCE OF 194.31 FEET;
THENCE NORTHWESTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID TERRACE STREET ,
A DISTANCE OF 324.83 FEET ALONG A NON-TANGENT CURVE TO THE RIGHT CURVE DATA BEING
(RADIUS = 339.98 FEET, DELTA = 54 DEGREES 44 MINUTES 32 SECONDS, LONG CHORD =
312.61 FEET, LONG CHORD BEARING = NORTH 23 DEGREES 05 MINUTES 02 SECONDS WEST);
THENCE NORTH 04 DEGREES 17 MINUTES 13 SECONDS EAST ALONG SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 117.71 FEET;
THENCE SOUTH 85 DEGREES 42 MINUTES 47 SECONDS EAST ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF SHORELINE DRIVE, A DISTANCE OF 653.74 FEET;
THENCE SOUTH 04 DEGREES 17 MINUTES 10 SECONDS WEST, A DISTANCE OF 204.99 FEET;
THENCE NORTH 85 DEGREES 42 MINUTES 50 SECONDS WEST, A DISTANCE OF 241.05 FEET;
THENCE SOUTH 04 DEGREES 17 MINUTES 10 SECONDS WEST, A DISTANCE OF 68.66 FEET;
THENCE SOUTH 28 DEGREES 47 MINUTES 00 SECONDS WEST, A DISTANCE OF 222.24 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 4.73 ACRES, MORE OR LESS.
DEEDS PREPARED UTILIZING THIS LEGAL
DESCRIPTION FOR CONVEYANCES MUST
MEET THE REQUIREMENTS OF SECTION 109
PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.
DATE:
SHEET 2 OF 2 FILE NO: WS-07-0040
@ COPffl/GHT 2007
11 r~~~l~~n~!~ SITE MAP
FOR: S/DOCK GROUP
EASEMENT L118 P. 364-370
"'
5' MICHIGAN CON"SOUOA1E GAS 0) ~
O} -
~ t--.
"' .,.
0 -
l;l
;
AS A PROFESSIONAL LAND SURVEYOR OF THE STATE OF MICHIGAN,
I DO HEREBY CERTIFY THAT TO THE BEST OF MY PROFESSIONAL
KNOWLEDGE AND BELIEF, I HAVE SURVEYED THE PROPERTY AS
DESCRIBED AND SHOWN HEREIN AND THAT THERE EXISTS NO VISIBLE
ENCROACHMENTS ON SAID PROPERTY UNLESS NOTED AND THAT
THIS SURVEY WAS PREPARED IN ACCORDANCE WITH A DESCRIPTION
FURNISHED BY OTHERS AND SHOULD BE COMPARED TO THE ABSTRACT
OF TITLE OR TITLE POLICY FOR ACCURACY, EASEMENTS, OR EXCEPTIONS.
THIS SURVEY DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT
AN EXPRESSED RECERTIFICATION BY THE SURVEYOR.
FILE NO: WS-O7-OO4O
SCALE: 1" = 1 oo·
SURVEYED BY:
STANLEY J. KASS DRN BY: BJA
P.S. NO. 34972 DATE:
2534 BLACK-CREEK ROAD
MUSKEGON Ml. 49444 DEEDS PREPARED UTILIZING THIS LEGAL
PHONE : (231l777-3447 DESCRIPTION FOR CONVEYANCES MUST
FAX : (231)713-3453 MEET THE REQUIREMENTS OF SECTION 109
SHEET 1 OF 2 PARAGRAPH 3 AND 4 OF P.A. 591 OF 1996.
@ COPYRIGHT 2007
Commission Meeting Date: February 27, 2007
Date: February 19, 2007
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development U)l,
RE: Amendment to the Zoning Ordinance - Outdoor Seating
SUMMARY OF REQUEST:
Request to amend Section 2308 (Outdoor Seating) of Article XXIII (General Provisions)
regarding outdoor seating for restaurants and similar uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add the language regarding outdoor
seating.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 2/15 meeting. The
vote was unanimous with T. Michalski and B. Smith absent.
2/19/2007
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Febrnruy 15, 2007
Hearing; Case 2007-05: Staff initiated request to amend Section 2308, (Outdoor
Seating), of Article XXIII, General Provisions, to add language for outdoor seating for
restaurants and similar uses.
BACKGROUND
Staff knows of at least two restaurants on Western Avenue who want to add outdoor
seating to their businesses. With the development of the downtown moving forward at a
rapid pace, it seems like the right time to put this language in place to help regulate
outdoor seating in all commercial areas. This language helps protect established
businesses from street vendors who may tty to set up in front of their establishment, since
the seating must be ancillary to the main use of the building. It also helps control such
things as noise, pedestrian circulation, encroachment on the public right-of-way, and
provide for aesthetically compatible outdoor furniture.
NEW LANGUAGE
Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted,
provided:
1. The area devoted to outdoor seating must be ancillary to the main use of
au indoor restaurant, cocktail lounge, bakery, coffee shop, delicatessen,
specialty food store, or similar establishment.
2. Pedestrian circulation and access to the building entrance shall not be
impaired. A minimum of three (3) feet of sidewall{ along the curb and
leading to the entrance to the establishment must be maintained free of
tables, chairs, and other encumbrances.
3. The seating area shall be limited to the same property directly adjacent to
the permitted use to which the seating area is accessory and shall not
extend into adjoining sites. If adjoining sites both have a seating area,
there shall be a divider between them.
4. Tables, chairs, umbrellas, canopies, planters, waste receptacles, and
other elements of street furniture shall be compatible with the
architectural character of the principal building.
5. Outdoor amplification shall be prohibited except only to play music in
compliance with Code of Ordinances, City of Muskegon, Part II, Chapter
2
26, Article II, Noise, Division I, Generally, Sec. 2634, (a & b) "Playing of
radios, musical instruments, etc."
6. The area devoted to outdoor service shall not encroach upon or extend
over any public alley or right-of-way without an encroachment
agreement with the City of Muskegon.
7. A site plan shall be submitted which clearly depicts the seating area and
location and style of tables and chairs, reflecting ample aisles for
pedestrian traffic, and dividers, if needed.
8. The outdoor seating area shall not obstruct visibility of on-coming
pedestrians or vehicular traffic, and must adhere to clear visions
standards of the Zoning Ordinance.
9. The sale of alcoholic beverages is subject to the rules and regulations of
the State of Michigan Liquor Control Commission. An outdoor service
permit may be required as part of the site plan approval.
10. All outdoor furnishings shall be completely removed from sidewalk areas
December 1 through March 1 of each year.
11. The area devoted to such outdoor dining area shall be maintained in a
safe, clean, and sanitary manner.
12. Roof seating shall comply with the building code, and not contain signage.
DELIBERATION
I move that the amendment to Section 2308, (Outdoor Seating) of Article XXIII, General
Provisions, of the City of Muskegon Zoning Ordinance, be recommended to the City
Commission for (approval/denial).
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 21 7
An ordinance to amend Section 2308 (Outdoor Seating) of Article XXIII (General
Provisions) adding language for outdoor seating.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2308 (Outdoor Seating) of Article XXIII (General Provisions) is amended lo add
language for outdoor seating, as follows:
Changes to Section 2308, Outdoor Seating, (General Provisions)
Outdoor seating for restaurants, cocktail lounges, and similar uses is permitted, provided:
1. The area devoted to outdoor seating must be ancillary to the main use of an
indoor restaurant, cocktail lounge, bakery, coffee shop, delicatessen, specialty
food store, or similar establishment.
2. Pedestrian circulation and access to the building entrance shall not be
impaired. A minimum of three (3) feet of sidewalk along the curb and leading
to the entrance to the establishment must be maintained free of tables, chairs,
and other encumbrances.
3. The seating area shall be limited to the same property directly adjacent to the
permitted use to which the seating area is accessory and shall not extend into
adjoining sites. If adjoining sites both have a seating area, there shall be a
divider between them.
4. Tables, chairs, umbrellas, canopies, planters, waste receptacles, and other
elements of street furniture shall be compatible with the architectural character
of the principal building.
5. Outdoor amplification shall be prohibited except only to play music in
compliance with Code of Ordinances, City of Muskegon, Part II, Chapter 26,
Article II, Noise, Division I, Generally, Sec. 2634, (a & b) "Playing of radios,
musical instrnments, etc."
6. The area devoted to outdoor service shall not encroach upon or extend over
any public alley or right-of-way without an encroachment agreement with the
City of Muskegon.
7. A site plan shall be submitted which clearly depicts the seating area and
location and style of tables and chairs, reflecting ample aisles for pedestrian
traffic, and dividers, if needed.
8. The outdoor seating area shall not obstruct visibility of on-coming pedestrians
or vehicular traffic, and must adhere to clear visions standards of the Zoning
Ordinance.
9. The sale of alcoholic beverages is subject to the rules and regulations of the
State of Michigan Liquor Control Commission. An outdoor service permit
may be required as part of the site plan approval.
I 0. All outdoor furnishings shall be completely removed from sidewalk areas
December I through March I of each year.
11. The area devoted to such outdoor dining area shall be maintained in a safe,
clean, and sanitary manner.
12. Roof seating shall comply with the building code, and not contain signage.
This ordinance adopted:
Ayes: Warmington, Wierenga, Carter, Davis, Gawron,
Shepherd, and Spataro
Nayes: None
Adoption Date: February 27, 2007
Effective Date: March 13, 2007
First Reading: February 27, 2007
Second Reading: __N_/_A_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
B y : ~ h / \ J\ ~ (s 9. J ':/..J"'"\
Ann Marie Becker, MMC,City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of February, 2007, at which meeting a quorum was present and remained throughout, and
that the original of said ordinance is on file in the records of the City of Muskegon. I further certify
that the meeting was conducted and public notice was given pursuant to and in full compliance with
Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. \''\. . •
DATED: February 27 ,2007. ~~ \ J \ J ~Y=
Ann Marie Becker, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on February 27, 2007, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 2308 (Outdoor Seating) of Article XXIII (General Provisions) adding
language for outdoor seating.
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 lllt1rc/2 ,3 , 2007. CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Ann Marie Becker, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
7
Commission Meeting Date: February 27, 2007
Date: February 20, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C(Z;C..
RE: Environmental Program Mowing and Trash Clean-up Contract
SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private properties is
currently held by Freelance Enterprises Inc. and will expire on March 29, 2007.
Included in this contract was an option to extend for one year, expiring on March 29,
2008. The contractor has indicated he wishes to exercise the one year extension.
FINANCIAL IMPACT:
The 2005 bids came in lower than the amounts paid under the previous contract
which resulted in cost savings to the city .. Considering the increases in costs the
contractor has faced since this bid was accepted, staff expects a new contract would
bring with it higher costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To approve the one year contract extension with Freelance Enterprises (see
attachments), for the mowing of lots and trash removal on properties located within
the city.
COMMITTEE RECOMMENDATION: None
· E ·n t e;, r . r-i .s 431 .s , I n c:: 4
. Irrigation • Landscaping • H/droseeding • Commercial & Residential
1385 E. Keating• Muskegon, Ml 49442 • Phone: 231.725.0038 • Fax: 231.7~5.0028
01-29-07 .
I, Lindsey Ames, president and owner of Freelance Enterprises Inc. would like to ·
exercise my option for renewal ofmy contract for the 2007 season for trash pick0 up and
grass mowing and trimming.
Sincerely, LindseyAmes
CITY OF MUSKEGON
CONTRACT FOR SERVICES
This Agreement is effective on this 29 th • day of March, 2005, between City of Muskegon, a
Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"), and,
Lindsay Ames, of Freelance Enterprises Inc. ("Contractor"), with reference to the following facts:
Background
A. City requested bid proposals for yard maintenance and trash clean up of City-owned,
State-owned and privately-owned properties located within the City limits of Muskegon,
as well as areas including but not limited to railroad and street right-of-ways and terraces.
B. Contractor submitted a bid proposal for the yard maintenance and trash clean up the City-
owned, State-owned and privately-owned properties located within the City limits of
Muskegon as listed above.
Therefore, the parties agree as follows:
1. Inclusion of Additional Agreements. This Agreement includes, but may not be limited
to the following:
a. Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;
b. All descriptions of services not included in this Agreement but used in
connection with the bidding process;
c. The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and
d. Any specifications used in connection with this Agreement.
This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.
In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.
2. Services. Contractor shall provide the following services, under the direction and
supervision of the City Planning Department, relating to yard maintenance and trash
clean up of the above listed properties. Contractor shall perform the services set forth in
this contract in a timely, workman-like manner.
a. Mowing. Contractor shall mow all grass, weeds and brush including
mowing around all obstacles, up to three inches (3") in diameter, leaving no
ridges of high or uncut grass.
\\Muskdata\Oata\Planning\COMMON\Environmental\2005 bids._notices\2005 Final Contract.doc
1
b. Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
branches, cut large tree limbs or logs, rake and remove heavy concentrations of
yard clippings, small debris and fallen leaves and/or branches. Contractor shall
also sweep or blow sidewalk and/or driveways clean of debris.
c. Garbage, debris and waste removal. Contractor shall pick up and remove all
garbage, debris, trash and waste materials, including but not limited to cans,
bottles, loose papers, dead tree limbs, grass and bush clippings,
abandoned/broken/unused household appliances, furniture, and other like items.
d. Disposal.
i. Contractor shall handle and dispose of Freon according to the applicable
State and Federal mandates.
ii. Contractor shall ensure the separation and individual disposal of garbage
and lawn debris.
111. All garbage, debris, trash, waste materials, grass, weeds, brush,
appliances, furniture and other items removed from each site shall be
transported by the Contractor for disposal to a location predetermined by
City.
e. Photographs. Contractor shall photograph each job site prior to and after
completion. The photographs will indicate each job site address and/or location
to ensure proper identification of the location and/or property. The photographs
shall also indicate the date the picture was taken. All film and processing costs
associated with this service shall be the sole responsibility of the Contractor.
f. Record Keeping. Contractor agrees to keep proper records of all work
performed on behalf of City.
g. Other. Contractor may be required to perform other related work as deemed
necessary by the City Planning Department.
3. Equipment. Contractor shall furnish or supply all the equipment and labor necessary to
carry out its obligations under this Agreement. The equipment and labor includes but is
not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
and all other such materials. All equipment must meet the safety standards as required
byMIOSHA.
a. Inspection. City or its designated agents shall inspect for safety, appearance and
sanitation, all equipment used by Contractor to carry out its obligations under this
Agreement. All vehicles used in the transport of garbage, trash and other waste
must be police safety inspected. City may refuse Contractor the right to utilize
any equipment that is deemed to be unsafe, unsanitary or of an unsightly
appearance based on that inspection. In that event, Contractor shall repair,
replace or restore the equipment to a suitable condition as soon as reasonably
possible.
b. Required Equipment.
\\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
2
i. Two (2) trucks.
11. Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
capacity.
111. Four (4) tractors. Must have a brush hog type mower or flail type mower
with a mower deck of a minimum five feet (5') diameter.
1v. Power trimmers.
v. Chain saws.
v1. Lawn mowers.
vii. Hand Tools, including rakes, brooms, shovels, pitch forks, and other
tools as deemed appropriate for the job site.
viii. Lawn edger blowers. One per team or work crew.
ix. Digital Cameras. Minimum 3 megapixel resolution with automatic
dating capacity.
x. CD-R compact discs for the transfer of digital images.
xi. Personal computer with ability to record photo images to CD-R compact
discs.
c. Method of Transport. Contractor agrees to haul tractors, mowers and other •
equipment to the job location, unless otherwise approved by City.
4. Expenses, Contractor shall be responsible to pay for all expenses incurred by Contractor
related to the performance of its duties under this Agreement and for all compensation
owed to its workers and/or subcontractors.
5. Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contr~ctor's obligations under this Agreement, the amount set forth in
the Contractor's bid proposal and documents described in paragraph 1.
6. Assignments. Work assignments are determined on an as needed basis.
7. Contractor Work Crew.
a. Number. Each work crew shall consist of two (2) persons per assignment,
unless otherwise approved by the City. City reserves the right to limit the size of
work crews at any time.
b. City Representatives. City may assign one or more persons to the job site as its
Representative(s). The City Representative(s) may supervise work crews in their
performance at the job site, and may instruct the work crews as to what tasks
must be performed.
8. Schedule.
a. Work schedules shall be completed by City on a daily or as needed basis.
b. Provisions shall be made, at Contractor's expense, for contacting the
Contractor on short notice or in an emergency situation by any the following
methods:
i. Telephone;
11. Cellular Telephone; or
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iii. Beeper.
9. Work Orders.
a. Distribution. Work orders will be distributed to the Contractor at a location
designated by the City.
b. Completion. All jobs listed in a work order must be completed within five (5)
working days following receipt of the work order by Contractor. Time
extensions may be pennitted for inclement weather and similar restricting
circumstances, as determined by the City. All completed work orders shall be
returned to the City by 8:00 a.m. the following work day after the work is
completed ..
10. Payment.
a. Form.
1. Requests for payment shall be submitted on a form prepared and
approved by the City;
ii. Requests shall include a list of job numbers with the conesponding cost
ofeachjob;
iii. Requests shall be on a per-quarter hour basis; total time per job to be
agreed to by the Contractor and City Representative.
iv. Requests for work completed that were not perfom1ed in compliance
with subsection 9(b) may not be compensated.
v. Inadvertent payment made to the Contractor for work not performed in
compliance with the terms of this contract, or for any other reason, will
be deducted by the City from subsequent payments.
b. Frequeucy. Requests for payment shall be made monthly and payment will be
made on the second and fourth Friday of each month.
c. Travel Time. Travel time shall be charged by Contractor as follows:
i. Time may be charged for travel from a completed job site to another job
site. Travel time shall be shown on a voucher completed for the
destination site.
ii. Time may be charged for travel to and from a disposal site with a full
load of garbage, trash, waste and other items. Travel time shall be
indicated on a dump voucher or slip.
iii. Travel time shall only be compensated for direct and logical routes.
iv. All vouchers, bills, slips and pictures pertaining to a work order or a job
site shall be submitted to the City at the same time.
v. Requests for payment that are submitted without the proper
documentation, including but not limited to vouchers, bills, slips and
pictures will not be accepted until such time all such items are submitted.
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4
11. Specific Reservations.
a. City reserves the right to have Contractor bag or remove debris and/or trash from
the property and place the same on the terrace at the property for removal by the
City refuse contractor.
b. City reserves the right to have the City refuse contractor clean up the debris
and/or trash left on the terrace at a work site property on an as needed basis.
c. City reserves the right to use volunteers, court ordered public service workers
and/or prisoners in lieu of Contractor's services for any work indicated
throughout this Agreement.
12. Terms and Termination.
a. This Agreement shall be effective on March 29 th , 2005, and shall remain in full
force and effect until March 29 th , 2001, with an annual extension option through
March 29 th , 2008.
b. This Agreement may be tem1inated by either party, without cause, upon thirty
(30) days' written notice to the other party.
13. Commencement and Damages.
a. Commencement. Contractor shall commence work no later than the time set
forth in the Agreement.
b. Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City
the sum of $200 for each and every calendar day that the Contractor is in default.
The amount of damages shall not be construed as a penalty, but to ensure the
City's ability to provide substituted services and costs associated with that
default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.
c. Violations. Following Contractor's commencement of performance of this
Agreement, City shall notify Contractor of each violation of the Agreement
reported to City. It shall be the duty of Contractor to remedy the cause of the
complaint. Failure of Contractor to take remedial measures shall be considered a
breach of the Agreement, and for the purpose of computing damages under the
provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute performance.
Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perform in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
to Contractor, utilize any or all of Contractor's equipment used in performance o.fthis Agreement until
such time the matter is resolved and the Contractor is performing under the terms of the Agreement.
Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.
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5
Should Contractor be unable to resume performance at the close of ten (I 0) calendar days, all liability of
the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
performance of work. Any contract thereby entered into with another contractor shall not release
Contractor from liability to City for breach of this Agreement.
d. Appeal. The City's determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten (10)
working days after notice. The City Manager or his designee shall grant
Contractor an informal hearing upon such request. The decision of the City
Manager shall be final and binding.
e. Waiver. City may waive all or any portion of damages without prejudicing its
rights under this Agreement.
14. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law, Contractor
agrees to defend, pay in behalf of, indemnify, and hold harmless the City, its
elected and appointed officials, employees, volunteers, and others working on
behalf of the City against any and all claims, demands, suits, or losses, including
all costs connected therewith, and for any damages which may be asserted,
claimed or recovered against or from the City, its elected and appointed officials,
employees, volunteers, or others working on behalf of the City, arising out of or
is any way connected or associated with this contract. The obligation to defend
and hold harmless extends to City's employees, agents, subcontractors, assigns
and successors.
b. City Insurance Requirement. Contractor shall not commence work under this
contract until obtaining the insurance required under this paragraph. All
coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be
with insurance carriers acceptable to City.
c. Workers' Compensation Insurance. Contractor shall procure and maintain
during the life of this contract, Workers' Compensation Insurance, including
Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
d. Vehicle Liability Insurance. Contractor shall procure and maintain during the
life of this contract, Vehicle Liability Insurance, in accordance with all applicable
Statutes of the State of Michigan.
e. Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance
on an "Occurrence Basis" with limits of liability not less than $1,000,000 per
occurrence and/or aggregate combined single limit, Personal Injury, Bodily
Injury and Property Damage. Coverage shall include the following extensions:
(A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions
\\Muskdata\Oata\P!anning\COMMON\Environmenta!\2005 bids_notices\2005 Final Contract.doc
6
'•
or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
exclusions, if applicable.
f. Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional
Insureds": The City, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board members,
including employees and volunteers thereof. The endorsement adding the City as
additional insured shall read exactly as follows: "The City of Muskegon i§
hereby added as an additional insured ... "
g. Cancellation Notice, Workers' Compensation Insurance and Commercial
General Liability Insurance, as described above, shall include an endorsement
stating the following: "It is understood and agreed that Thirty (30) days'
Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
Material Change shall be sent to: CITY OF MUSKEGON PLANNING
DEPARTMENT.
h. Proof of Insurance Coverage, Contractor shall provide the City at the time the
contracts are returned for execution, certificates and policies endorsing the City
as additional insured as listed below:
i. Two (2) copies of Certificate oflnsurance for Workers' Compensation
Insurance, if applicable;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance; and
iii. If so requested, Certified Copies of all policies mentioned above will be
furnished.
1. If any of the above coverages expire during the term of this contract, Contractor
shall deliver renewal certificates and/or policies to City at least ten (I 0) days
prior to the expiration date.
15. Income Tax Withholding. Contractor shall withhold income taxes from each employee
who is subject to such withholding, and pay such tax in accordance with the City of
Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
Contractor shall require the same from each subcontractor, consultant or vendor used in
the performance of his duties and obligations in this Agreement. City reserves the right
to withhold payments otherwise due to Contractor to assure compliance with this
Agreement or to cure such noncompliance.
16. General Provisions.
a. Notices. Any notice that either party may give or is required to give under this
Agreement shall be in writing, and, if mailed, shall be effective on the day it is
delivered to the other party at the other party's address set forth in this Agreement
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7
- '.
or at any other address that the other party provides in writing. Notices given in
person are effective on the day they are given.
b. 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.
c. Assignment or Delegation. Neither party shall assign all nor any portion of its
rights and obligations contained in this Agreement without the express prior
written approval of the other party, which approval may be withheld in the other
party's sole discretion.
d. Entire Agreement. This Agreement shall constitute the entire agreement, and
shall supersede any other Agreements, written or oral, that may have been made
or entered into, by, and between the parties with respect to the subject matter of
this Agreement, and shall not be modified or amended except in a subsequent
writing signed by the party against whom enforcement is sought.
e. Binding Effect. This Agreement shall be binding upon, and inure to the benefit
of, and be enforceable by, the parties and their respective legal representatives,
permitted successors, and assigns.
f. Non-Waiver. No waiver by any party of any provision ofthis Agreement shall
constitute a waiver by such party of such provision on any other occasion or a
waiver by such party of any other provision of this Agreement.
g. 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.
h. Venue. The parties agree that, for purposes of any dispute in connection with
this Agreement, the Muskegon County Circuit Court shall have exclusive
personal and subject matter jurisdktion and venue.
i. Survival. All representations, warranties, and covenants in this Agreement shall
survive the signing of this Agreement.
\\Muskdata\Data\Planning\COMMON\Environmental\2005 bids_nolices\2005 Final Contract.doc
8
•,
City and Contractor have executed this Agreement on the date written next to their signatures to be
effective according to the te1m(s) stated in this document.
City-
Date: .3 -.3 J , 200 ,>
And:_~""'='~~:__l1~~~~b.i...-
Ga1l A. Kundinger, MMC
City Clerk
Co,<c,o,o, - /J, /4
Date: O?i, ')...._5 , 200 _t By: ~1?/'~'
Its: _ __,_9_,_."f.t,~5':.:..il~_,<V:=t_ _ _ _ __
\\Muskdata\Data\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
9
Date: February 27, 2007
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
KNOLLWOOD CT., BEACH ST. TO END
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Knollwood Ct., Beach St. to
End paving project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if ii is determined to proceed with the project.
Furthermore, please keep in mind that the proposed special assessment district is a benefit based
special assessment since, according to the City's assessor; the benefit received is equal among all
thirteen (13) properties abutting the street.
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2007-Z0(a)
Resolution At First Hearing Creating Special Assessment District
For Knollwood Ct., Beach St. to End
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on February 27, 2007 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit information
are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 27, 2007 there were 23.08 % objections by the owners of the
property in the district registered at the hearing either in writing received before or at the hearing
or by owners or agents present at the hearing, and the Commission has considered the
advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project including all
assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the value of
the benefit to be received by each property proposed to be assessed in the district after the
improvements have been made. The City Commission determines that the assessments of costs
of the City project will enhance the value of the properties to be assessed in an amount at least
equivalent to the assessment and that the improvement thereby constitutes a benefit to the
property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the property set
forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the feasibility
study and estimates of costs, and directs the City Engineer to proceed with project design,
preparation of specifications and the bidding process. If appropriate and if bonds are to be sold
for the purposes of financing the improvements, the Finance Department shall prepare plans for
financing including submission of application to the Michigan Department of Treasury and the
beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City Commissioners
Davis and Warmington and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon a
benefit basiSofan apprqximate 76' per parcel.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 35.52% of the cost of the street improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify all
owners and persons interested in properties to be assessed of the hearing at which the City
Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays Davis
CITY OF MUSKEGON
B~~""~\"'<~w Ve--e_,\.,/(/L'\
Ann Marie Becker, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 27, 2007. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
CITY OF MUSKEGON
By \il,::'\.fr"'-J\r>,CJ\,A A·, ~-"-Jlc---.
Ann Marie Becker, Clerk
EXHIBIT A
Knollwood Ct., Beach St. to End
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Knollwood Ct. between Beach St. & End
11 11
EXHIBIT A
SPECIAL ASSESSMENT DISTRICT
1----1
..,
(/)
BLVD
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Knollwood Court, Beach St. to End
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL UNITED
STATES MAIL RECEPTACLE ON THE 16th DAY OF FEBRUARY, 2007.
~ ,~ ,J~ik-,
A MARIE BECKER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
I 7 ,..;, DAY OF fr,b ("!,10/"<L
v'
, 2007.
dffe&a~
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES f -dS--- ;;,a;;;;_
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICT
IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission
is proposing that a special assessment district be created for the following project:
KNOLLWOOD CT., BEACH ST. TO END
The specific location of the special assessment district and the properties proposed to be assessed is:
All parcels abutting Knollwood Ct., from Beach St. to End
The City Commission proposes that the City and property owners by means of special assessment will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City
Hall's Engineering Department during regular business hours - between 8:00 A.M. and 5:00 P.M. on
weekdays, except holidays.
PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 27, 2007 AT 5:30 O'CLOCK P.M
PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall object to
the assessment in writing at or before the hearing, the improvement shall not be made unless the
City Commission determines by affirmative vote of all its members that the safety or health of the
public necessitates the improvement.
PUBLISH: February 17, 2007 Arm Marie Becker, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the
hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend
the meeting, upon twenty-four hours notice to the City. Contact:
Arm Marie Becker, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
ENGINEERING FEASIBILITY STUDY
For
KNOLLWOOD CT., BEACH ST. TO END
The proposed reconstruction of Knollwood, Beach to end was initiated by a petition received from
property owners abutting that section of roadway due to the conditions it's in. The proposed
reconstruction, we feel, is the only valid option for that section of road since the conditions have
deteriorated well beyond a milling & resurfacing option. The proposed improvements consist of
removal of what is left of the pavement and reconstruct using a rolled curb & gutter.
A memo from the Assessor's office, which addresses the appraisal and benefit information is attached.
The preliminary cost estimate for the work associated with paving is approximately $89,000 with the
length of the project being approximate 500 lineal feet or 988' of assessable front footage. This
translates into an estimated improvement cost of $90 per assessable foot. The assessment figure will be
at a cost not to exceed $32.00 per front foot.
While the preliminary proposed assessment rate on the resolution is 35.52%, the actual rate, upon
completion of the project and at the time of spreading, will be limited to the 25% of total cost as
amended in the special assessment policy.
February 16, 2007
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE 1
The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.
The City of Muskegon believes that by making the proposed street improvements you will have
less road noise, dust, and wear and tear on your vehicle. In addition, street improvements
provide easier access for delivery of services such as snow plowing, mail delivery, and bus
service.
Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents attached
to this letter.
While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the enclosed
materials and call the City's Engineering Department at 724-6707 if you require more
information.
A public hearing is also scheduled for this project on FEBRUARY 27, 2007. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.
Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.
Thank you for your participation in improving the quality of life in the Muskegon community.
February 16, 2007
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special assessment
district which would assess your property for the following paving project:
KNOLLWOOD COURT,BEACH STREET TO END
The proposed special assessment district will be located as follows:
All parcels abutting Knollwood Court from Beach Street. to End
It is proposed that a portion of the above improvement will be paid by special assessment
against properties in the aforementioned district. Following are conditions of the proposed
special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be held at
the City of Muskegon City Commission Chambers on FEBRUARY 27, 2007 at 5:30 P.M. You
are encouraged to appear at this hearing, either in person, by agent or in writing to express
your opinion, approval, or objection concerning the proposed special assessment. We are
enclosing a Hearing Response Card for you to indicate your agreement or opposition to the
special assessment. This card includes the property identification and description, assessable
footage per City policy, and the estimated cost of the assessment. You may also appear, as
above, in lieu of, or in addition to mailing your response card to the City Clerk. Written
objections or appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT
FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for the
second hearing. At this second hearing the special assessment costs will be spread on the
affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT
TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR PARCEL EITHER IN
WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL ASSESSMENT ROLL IS
CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THE INITIAL
HEARING OR AT THE SECOND HEARING CONFIRMING THE ROLL, EITHER IN PERSON,
BY AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL
TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed shall
object to the assessment in writing at or before the hearing, the improvement shall not be
made unless the City Commission determines by affirmative vote of all its members that the
safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $89,000.00 of which
approximately 35.52% ($31,616.00) will be paid by special assessment to property owners.
Your property's estimated share of the special assessment is shown on the attached hearing
response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or sidewalks
will be assessed to the property at actual contract prices and these costs may also be paid in
installments over ten (10) years. Please note this work is in addition to the street special
assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for more
information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and to
attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost estimates is
available in the Engineering Department located on the second floor of City Hall. Regular
business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card Bv FEBRUARY 27. 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
• on 1c:0T
Assessment Information
Property Address: PROPERTY ADDRESS & STREET
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 76 Feet " BENEFIT ANALYSIS BASED"
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,432.00
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 124
Your vote COUNTS!
Owner
I AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
_ _ _ _ _ _ _ _ _ _ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
•
Signature Signature
Address Address
()INNERS Nh,\/il'
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: _ _ _ _ _ _ _Social Security# _ _-_ _-_ _
Spouse: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate: Social Security# _ _-_ _-_ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ _ _ _ _ _ _ _ Race:
Parcel# _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: _ _ _ _ List information for household members besides owner/spouse here.
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate._ _ _ _ _ _ _-----'Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _-_ _-_ _
Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Birthdate Social Security# _ _ -_ _-_ _
Name Birthdate Social Security# _ _-_ _-_ _
ANNUAL Household Income: $_ _ _ _ Wage earner:
(Must include all household income)
_ _ _ _ Wage earner:
_ _ _ _ Wage earner:
_ _ _ _ Wage earner:
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner 1s Insurance Co: _ _ _ _ _ _ _ _ _ _ _ _ _ Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
Owner's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies that al
information in this application, and all information furnished in support of this application, is true and complete to the best ofth,
Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application bein1
processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
APPROVED ( ) DENIED ( ) DATE _ _ _ _ CENSUS TRACT NO.
SIGNATURE _ _ _ _ _ _ _ _ _ _ _ _ __ TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
KNOLLWOOD COURT, BEACH STREET. TO END H 1625
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
INote: You may receive t!,is application several times - Ifyou !,ave already applied, please discard.
Dear Resident:
The City of Muskegon has selected your neighborhood and your property for its comprehensive
sidewalk replacement program. City ordinances require that property owners be responsible for the
repair/replacement of damaged or unsafe sidewalks adjoining their properties. To assist homeowners,
who may have difficulty paying the cost of sidewalk repairs, the City offers assessment waivers through
the Community Development Block Grant (CDBG) Program for eligible households and families. If
you meet the CDBG program qualifications, the City may pay the street assessment for you to the
extent that funds are available.
Application Requirements:
✓ Applicants must submit proof that their total household income does not exceed 65% of Area
Median Income (see chart below); Proof of income may include copies of Wage & Tax Statement
(W-2's) from the year 2006, pension or other benefit checks, bank statements for direct deposits or
agency statements for all household income.
2006
.
65% MEDIAN HOUSEHOLD INCOME CHART
FAMILY SIZE INCOME LIMIT
I $28,275
2 32,285
3 36,295
4 40,4I0
5 43,530
6 46,800
7 50,050
8 53,300
For each extra, add 3,250
✓ Applicants must submit proof that they both own and occupy property at the time of
application; Land Contract purchasers must obtain approval of titleholder prior to receiving
assistance. Proof of ownership should be a deed, mortgage, or land contract; proof of occupancy can
be a copy of a driver's license or other official document showing both your name and address.
✓ Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return
it, along with supporting documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30 a.m. and
5:00 p.m.
The City reserves the right to verify all application information. If current owner sells the home prior to the special
assessment confirmation, the application is no longer valid. The City also reserves the right to reject any
applications that contains falsified information or insufficient documentation. The City must complete the
sidewalks. Costs incurred from repairs done by you or a private contractor
PETITION FOR PAVING
To the City Commission:
We, the undersigned property owners abutting on _ c...,_(_~_T_________
_._b_,_·~x-"-'-)_k_L....:'C'....:1£)"'·
Street, and comprising a majority of the property ownership, petition your Honorable Body to
pave l'-l/')01 k,JC::C:f'i ('.T between _ _.....f__,:£,.'c""
__;,,,,._(--'!-\[---'-\_ _ _ _ _ _ __
and :"\,,f\'{Y\C•\'\ and in consideration of the benefits to be derived from
the above mentioned improvement do hereby consent to such paving and hereby agree that the proportionate
costs thereof be assessed against my property as a special assessment and agree to pay for the same,
Petition circulated by
(Name) ~·;;rJ,, )JcP1(ey~:()\(\ (Address) 2·{)'--l(o 0....r,o\\c\.x:::,;:'f') er·
Note:: Where property is being purchased on contract, both parties must sign.
PROPERTY
PROPERTY FRONT
~A E ADDRESS LOT BLOCK FRONTAGE
k>1 L:3.~
--------------'-·. -n,e, b1t'lovJ cuicire--~~s ___
Q..{<Q_ Su n11Y1Q(~
-------------------- V~l C (i'\.il._~
30 5 ~ ~(\0 \ \wt'OC\GT
~o ~ CJKnol \wocx..1 c.;-r
?:>D25 ~riollWC(:C(CT
IYXYl e S4--ffiC'\eel ~7 ?
SPECIAL ASSESSMENT H 1625
RECONSTRUCTION HEARING DATE FEBRUARY 27, 2007
KNOLLWOOD COURT,BEACH STREET TO END
1 JOHNSON DARWIN/DOROTHY E ASSESSABLE FEET: 76
24-152-000-0124-00 1326 SCHIEDLER DR COST PER FOOT: $32.00
@ 3016 KNOLLWOOD C BATAVIA IL 60510 ESTIMATED P.O. COST: I $2,432.00 1
2 TEJCHMA COLLEEN M ASSESSABLE FEET: 76
24-152-000-0125-00 3024 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3024 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
3 BALDAS PETER ASSESSABLE FEET: 76
24-152-000-0126-00 3036 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3036 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
4 MCPHERSON JACK ASSESSABLE FEET: 76
24-152-000-0127-00 3046 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3046 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
5 MILAS CAROLINE H TRUST ASSESSABLE FEET: 76
24-152-000-0128-00 3056 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3056 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
6 FUNK TRUST ASSESSABLE FEET: 76
24-152-000-0129-00 3066 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3066 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
7 GRAY JEANNE C TRUST ASSESSABLE FEET: 76
24-152-000-0130-00 3076 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3076 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
l")/,i C: lf"Jnf'\"7 n .......... "' ,....,:.-,
RECONSTRUCTION HEARING DATE FEBRUARY 27, 2007
KNOLLWOOD COURT,BEACH STREET TO END
8 SCULLEY CLEO J ASSESSABLE FEET: 76
24-152-000-0131-00 3086 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3086 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
9 HAAS DONALD E ASSESSABLE FEET: 76
24-152-000-0132-00 3087 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3087 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
10 PIETSCH JOHN A ASSESSABLE FEET: 76
24-152-000-0133-00 3077 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3077 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
11 ANDRES ROBERT J/PAMELA S ASSESSABLE FEET: 76
24-152-000-0134-00 3065 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3065 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
12 MATTESON CHRIS/SANDRA ASSESSABLE FEET: 76
24-152-000-0135-00 3025 KNOLLWOOD CT COST PER FOOT: $32.00
@ 3025 KNOLLWOOD C MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
Jo 13
24-152-000-0136-00
SCHULTZ LINDA
2877 BEACH ST
ASSESSABLE FEET:
COST PER FOOT:
76
$32.00
@ 2877 BEACH ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $2,432.00 1
SUM OF ASSESSABLE FOOTAGE 988.00 SUM OF ESTIMATED P.O. COST: $31,616.oo 1
TOTAL NUMBER OF ASSESSABLE PARCELS 13.00
;.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign tre form and return it to the City Cit::rk's Ofiice. To
return this card by mail, simply fold on the dolled lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 2877 BEACH ST
Parcel Number 24-152-000-0136-00
Assessable Frontage: 76 Feet " BENEFIT ANALYSIS BASED "
$32.00 per Foot
Estimated Front Foot Cost: ECE1VED .
ESTIMATED TOTAL COST $2,432.00
\ FEB 21 2007
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 136 EX W 6 FT THEREOF •.. G ~flils Oliw I
._ol
Your vote COUNTS!
I AM IN FAV~R •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED , ~
. //04- '). )c.~ J /tz. CoOwner/Spouse
Owner
Signature Signature
------------
Address Address
SCHULTZ LINDA 13
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD \
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, siqn the form and return it to thP. City C'Jerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 3016 KNOLLWOOD CT
Parcel Number 24-152-000-0124c00 ...
' ,.· 1·,,.
Assessable Frontage: 76 Feet '' BENEFIT ANALYSIS BASED/'
,: ·, ,~,'.ii-~,,.,' .-··," " ·
~ ' ! ' ' -,
'·:-·:-,_>,
Estimated Front Foot Cost: $32.00 per Foot•.
ESTIMATED TOTAL COST $2,432.00
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 124
Your vote COUNTS!
OHNSON DARWIN/DOROTHY ET Al 1
'~
FEB 2 '3 2007
""~· . 9~!.Qff/_t;j~__
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City C!erk's Office To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 3056 KNOLLWOOD CT
Parcel Number 24-152-000-0128-00
Assessable Frontage: 76 Feet " BENEFIT ANALYSIS BASED"
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,432.00
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 128
Your vote COUNTS!
Owner
I AM IN FAVOR
·
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
C/4 ~1' J..t ,v'C H I fl'.I ('--H fl
I AM OPPOSED
CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
JXI
Signature CCi..-~ i~ I/ .'(}t,~ao Signature
Address ,'3 C _'Jfr F. nc //i,:ti:: J Cl· Address
'
Thank you for taking the time to vote on this important issue. EIV5D
MILAS CAR( INE H TRUSTC
FEB .2 '3 2007
...9i_.£[erks Office
SPECIAL ASSES-.. .111ENT ·
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT.BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS \
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and ret•_irn it to the City C!.erk's Office. To
return this card by mail, simply fold on the dotted lines so the address of, the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
1
PROJECT.
Assessment Information
Property Address: 3076 KNOLLWOOD CT
Parcel Number 24-152-000-0130-00
Assessable Frontage: 76 Feet " BENEFIT ANALYSIS BASED "
Estimated Front Foot Cost: $32.00 . per Foot
ESTIMATED TOTAL COST $2,432.00
Property Description RECEIVED
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 130
Your vote COUNTS!
Owner
I AM IN FAVOR
~oOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
~
"~~-=t....1...l:a:-1~-.,;;:..__;=;l..L. -----------
Signature· Signature
Address 14/ l) U (;1/~ddress
7
Thank you for taking the time to vote on this important issue. GRAYJE;\NNEcTRusT
Qurb
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
. this special assessment oroiect. sign the form and return it to the City CJ"'~~.'.-s Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 3046 KNOLLWOOD CT
: Parcel Number 24-152-000-0127 -00
Assessable Frontage: 76 Feet " BENEFIT ANALYSIS BASED "
Estimated Front Foot Cost: J,32.00 per Foot
If Yi <> ap-;;i"I
ESTIMATED TOTAL COST $2,432.00 ~@:Qp.t,'q
Property Description 11ry5.co (tf)
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 127
~
RECEIVED
Your vote COUNTS!
Please vote either in favor or opposed to the Special
I AM IN FAVOR [2J
Owner ______
-:Jae I< m pl,,1_,_r_tJ_n___
< 5 CoOwner/Spouse ____________
Signature . · j,,,,j my-i..-'14- . ·.·-·Signature
Address . ';:;,~ Kl'I• /I tvoo cl (! (),.,1 f Address
Thank you for taking the time to vote on this important issue. McrHrnsoNJAcK
4
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this sper.ial :3_ssessment proj'?ct, s!gn ths fern-: ar.d rct:.Jrn :t to the City Cleik's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 3065 KNOLLWOOD CT
Parcel Number 24-152-000-0134-00
Assessable Frontage: . 76 Feet " BENEFIT ANALYSIS BASED "
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,432.00
Property Description
CITY OF MUSKEGON BEACHWOOD SUB# 2 LOT 134
Your vote COUNTS!
Owner
Signature
Address
11
Thank you for taking the time to vote on this important issue. AN • ResRosrnT J1PAMe1As
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 27, 2007
Project Title: KNOLLWOOD COURT,BEACH STREET TO END
Project Description RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project. sign the form and return it tn the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 3086 KNOLLWOOD CT
Parcel Number 24-152-000-0131-00
Assessable Frontage: 76 Feet "BENEFIT ANALYSIS BASED"
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $2,432.00
Property Description
CITY OF MUSKGON BEACHWOOD SUB# 2 LOT 131
RECEIVED
FEB 2:,. 2t107
t11JW Cl~~~ "
Your vote COUNTS!
I AM IN FAVOR [Z] I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner y; ,QIP \. .Ju~ CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
Signature :z;;; L~ Signature
Address J D7l t~-f..t;- Address
Thank you for taking the time to vote on this important issue. scuL,evc,rnJ 8
\
H-1625 KNOLLWOOD COURT, BEACH ST. TO END
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -13
FOR OPPOSE
LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
4 3046 KNOLLWOOD 24-152-000-0127-00 76.00 13 2877 BEACH 24-152-000-0136-00 76.00
TOTAL ASSESSABLE FRONT FOOTAGE 988.00 · - 7 3076 KNOLLWOOD 24-152-000-0130-00 76.00 1 3016 KNOLLWOOD 24-152-000-0124-00 76.00
8 3086 KNOLLWOOD 24-152-000-0131 -00 76.00 5 3056 KNOLLWOOD 24-152-000-0128-00 76.00
FRONT FEET OPPOSED 228.00 23.08% 11 3065 KNOLLWOOD 24-152-000-0134-00 76.00
RESPONDING FRONT FEET IN FAVOR 228.00 23.08%
NOT RESPONDING - FRONT FEET IN FAVOR 532.00 53.85%
TOTAL FRONT FEET IN FAVOR 760.00 76.92%
TOTALS 228.00 228.00
TABULATED AS OF: 04:50 PM 2/27/2007 4:53 PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON Knollwood
Commission Meeting Date: February 27, 2007
Date: February 19, 2007
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Request for Technical Assistance for HUD Lead
Abatement Grant Submittal
SUMMARY OF REQUEST: The State, through the Housing and Urban
Development Department (HUD), has grant funds available to assist
with lead abatement in houses. The grant amounts are up to $3 million.
The actual grant application is very extensive and requires technical
assistance. The State has $10,000 in technical assistance funds
available if the City is willing to match that amount. It is necessary to
submit a letter to the State requesting the technical assistance.
FINANCIAL IMPACT: The State will pay for $10,000, to be matched by
$10,000 of local CDBG funds.
BUDGET ACTION REQUIRED: The CDBG budget will need to be
amended to reflect this expenditure.
STAFF RECOMMENDATION: To approve the request for technical
assistance funds from the State and authorize the Mayor to sign the
attached letter.
Affirmative Action
(231\724-6703
FAX: {231)722-1214
Citv Manager
231)724-6724
1?AX: (231)722-1214 West Michigan's Shoreline City
Civil Service
(231)724-6716
FAX: (231)724-4405 February 28, 2007
Clerk
(231)724-6705
FAX: (231)724-4178
Community and
Mr. Wesley F. Priem
{2~f{Jt.il'1/i1ces Section Manager
FAX: (231)726-2501
Healthy Homes Section
Michigan Department of Community Health
201 Townsend, 4th Floor
P.O. Box 30195
Lansing, MI 48909
Dear Mr. Priem,
The City of Muskegon is interested in applying for the HUD Lead Hazard Control
Grant. Currently, the City is participating in a lead abatement coalition and is funding
lead abatement on a limited basis. There is a great deal more that could be done within
the City if funding were available. The HUD Lead Hazard Control Grant could assist
Income Tax
(231)724-6770 us in better addressing these issues.
FAX: (231)724-6768
Therefore, the City of Muskegon is seeking technical assistance for the HUD Lead
ffjfffj~~i1Yl"iccs
FAX: (231)728-4371 Hazard Control Grant. We understand that the State will contribute $10,000 towards
the technical assistance. The City of Muskegon will match that amount with$ I 0,000
Leisure Services
(231)724-6704 from our CDBG funds. In addition, staff will be available to coordinate with the
FAX: (231)724-1196
consultant in preparing the grant application.
If approved for the grant funding, the City is committed to providing staff for the
implementation and financial administration of the grant.
Plannin!!/Zoning
(231)724"-6702
FAX: (231)724-6790
If you have any additional questions, please contact Bryon Mazade, our City Manager,
at 231-724-6724.
Sincerely,
r2~~~~l~~litfi Dept.
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P ..O. ~ox 536, Muskegon, MI 49443-0536
www.shorelmec1ty.com
Commission Meeting Date: February 27, 2007
Date: February 20, 2007
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Acceptance of the 2007-2008 CDBG/HOME
Recommendation from City Administration and
Citizen's District Council
SUMMARY OF REQUEST: To accept the recommendation of both the
Citizen's District Council and the Administration as it relates to the 2007-
2008 Community Development Block Grant entitlement and HOME
funding. The Commission is also being asked to schedule a Public
Hearing for March )3; 2007 to gather comments from the public
concerning the entitlement funding.
It is also requested that the Commission make their preliminary
recommendations on March% 2007 and their final decision regarding
the funding on March,<( 2007.
After the Commission has made it's final decision, the Community and
Neighborhood Services office will continue the Citizen's Participation
process until around April 20, 2007. At this time the City will send the
required documentation to the US Department of Housing and Urban
Development in order to request the 2007-2008 funding, whose fiscal
year begins June 1, 2007.
FINANCIAL IMPACT: The 2007-2008 allocations will be based on the
Commissions final decisions
BUDGET ACTION REQUIRED: There is no budget action required at
this time.
STAFF RECOMMENDATION: To accept the recommendation and set
the Public Hearing.
COMMITTEE RECOMMENDATION: None
Community Development Block Grant
Amount Administration CDC City Commission City Comm
Organization/Agency Activity Requested Recommendation Rec Prelimiary Rec. Final Determination
Love INC Handicap Ramps $5,000 $2,500 $3,000
American Red Cross Senior Transit $5,000 $2,500 $3,000
West Michigan Veterans Food Bank/Transportation $2,500 $2,500 $3,000
Sacred Suds Laundry/Shower $6,000 $1,000 $3,000
DPW Senior Transit $67,645 $40,000 $40,000
CDBG Code Enforcement Code Enforcement $47,500. $40,000 $40,000
Community Economic Development Fa,ade $10,000 $7,500 $6,500
CDBG Service Delivery Delivery Service $120,000 $75,000 $75,000
Finance Bond Repayment Bond $245,000 $245,000 $245,000
HealthCare Health Outreach $7,378 $2,500 $3,000
Legal Aid Legal Services $5,000 $2,500 $3,000
Muskegon Community Health Project Lead Safe Now! Muskegon $7,500 $2,500 $3,000
CDBG Administration Adrnin $215,000 $195,000 $195,000
Street Construction Street $60,000 $40,000 $40,000
Leisure Services Recreation $94,875 $65,000 $65,000
CDBG Siding Siding $225,000 $185,000 $185,000
CDBG Emergency Repair Emergency Repair $225,000 $180,000 $180,000
Dangerous Buildings Demolition $41,400 $50,000 $47,500
Total CDBG Request $1,389,798 $1,138,500 $1,140,000
Total CDBG Allocated+ Pl $1,060,000 $1,060,000 $1,060,000
(+) Program Income $88,000 $88,000 $88,000
$1,148,000 $1,148,000 $1,148,000
Allocated/Request Difference $241,798 $9,500 $8,000
Total Amt of Public Service* $200,898 $121,000 $126,000
Public Service mandated Amt</= to 15% $159,000 $159,000 $159,000
Difference $41,898 $38,000 $33,000
Total Amt of City Administration Request** $215,000 $195,000 $195,000
Administrative mandated Amt< 20% $212,000 $212,000 $212,000
Difference -$3,000 $17,000 $17,000
HOME
Amount Administration CDC City Commission City Comm
Organization/AgCncy Activity Requested Recommendation Rec Prelimiary Rec. Final Determination
Bethany Housing Ministries Housing Transition Asst $45,000 $30,000 $30,000
Community & Neighborhood Servicesc HOME Administration $30,176 $30,176 $30,176
Community & Neighborhood Servicesc HOME Tax Reverted Rehabilitation $110,000 $80,000 $80,000
Community & Neighborhood Servicesc HOME RentalRehabiliation $70,000 $20,000 $30,000
Commuruty & Neighborhood Servicesc HOME lnfilll New Construction $110,000 $100,000 $100,000
Muskegon County Habitat for Humanity Infrastructure/construction (5 homes) $84,000 $70,000 $70,000
Neighborhood Investment Corporation Home purchase rehab loans $100,000 $65,000 $65,000
Total HOME Request $549,176 $395,176 $405,176
Total HOME Allocated $301,760 $301,760 $301,760
(+) Program Income $125,000 $125,000 $125,000
$426,760 $426,760 $426,760
Allocated/Request Difference $122,416 $31,584 $21,584
Total Amt of HOME Administration*** $30,176 $30,176 $30,176
Total Amt mandated Amt= 10% $30.176
-- -, $30,176 $30,176
Difference -·
$0 $0 $0
Total Amt of HOME CHDO request**** $229,000 $116,250 $116,250
Total Amt mandated 15% $4<;?.64
•.. ,. $45,264 $45,264
Difference -$183,736
-- - $70,986 $70,986
NOTE:
* Pulic Service
** City CDBG Administration
***Home Administration
****CHDO Request
O:CNSICOMMON\EXCEL\2007-2008 CDBG
( SHEET:CDBG-HOME ACT)
AGENDA ITEM NO. _ _ _ _ __
CITY COMMISSION MEETING _ _ _ _ _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: February 21, 2007
RE: Real Estate Services for Seaway Industrial Park
SUMMARY OF REQUEST:
To continue the listing of the unsold property in Seaway Industrial Park with C & A Commercial
through 6/28/07 or until the City enters into an agreement with a developer for the property,
whichever comes first.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the listing extension and authorize the City Manager to execute the attached
agreement.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\AGENDA-REAL ESTATE SRVCS, SEAWAY IND PARK
AGREEMENT TO AMEND LISTING
WEST MICHIGAN LAKESHORE ASSOCIATION OF REALTORS®
Date d, -/3-67 ,20_ _
~z. .
,,_l!;=C:-G,;o;......,.),-,l o.,_3"""-o,__S.e.\51,,_"'<J.L(..,,;,..,,,C)L.-..,.,r:;,,,,u_,.j:l..._..,,;,.-,..7}e,s,..,.k}~(
WE, the undersigned owners of property described as _c>,cl_·,~'\--'-o'-'f__.M_,,__.,_,l.,._!,'d(,,.·
and currently listed with C, f. tr CoDiMl."MCtttl
' ( finn name) (Listing No., if available)
• I. We certify that the undersigned have been advised of the advantages and benefits of the Multiple Listing Service
(MLS). However, because of the uniqueness of our property and/or our situation, we elect to have the attached listing
remain unlisted with the MLS and listed solely with the above broker as an "Office Exclusive" until such time that
we notify said broker in writing of a change in our preference.
2. Request that said listing be changed as follows:
that the price be changed from _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ to
•
4. Authorize the placement and use of a key box on the above property for the term of this agreement or for such
period of time as follows: From _ _ _ _ _ _ _ to _ _ _ _ _ _ __
•
5. Identify Reserve Prospects and if a sale occurs to them or listing is withdrawn/canceled, no commission will be due or
payable to such firm - (non published information)
- - - - - - - - - - - - - - - - - Termination Date: - - - - - - - - - - - - -
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Termination Date: _ _ _ _ _ _ _ _ _ _ _ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Termination Date: _ _ _ _ _ _ _ _ _ _ _ __
(Listing ofnames of Reserve Prospects does not constitute first right of refusal)
•• 6. Seller requests temporary withdrawal of property from _ _ _ _ _ _ _ to _ _ _ _ _ _ _ for the following
reason(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
7. Seller requests listing of said property to be withdrawn from the market for the following reason(s);
It is understood that seller is bound to pay the full brokerage fee in the original listing agreement if such property is
sold within _ _ _months after the withdrawal date of such listing to any persons with whom agent or agents had
negotiations with, exhibited the property to, or had oral or written contact with as a prospect, except if the property is
re!isted during said _ _ _m.onth period with any other broker. In case of withdrawal, seller AGREES/DISAGREES
(strike one) to re-imburse listing office for expenses incurred as a result of said listing, $_ _ _ _ _ __
•
8. Seller requests listing broker to cancel listing agreement made on _ _ _ _ _ _ _ _ _ _ _ _ _for the following
reason(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
In the event of cancellation, we AGREE/DISAGREE (strike one) to reimburse listing broker for any expenses incurred
as a result of said listing, It is understood and agreed that the seller is under no further obligation to broker and listing
contract is null and void unless exceptions be otherwise stated. This request becomes effective on the parties effective
on the date stated herein. $._ _ _ _ _ _ _ _ __
The parties acknowledge and agree to the above amendment(s), effective the date first above provided.
:~::~a~~~ktL ::----------- (
COMPLETE IN TRIPLICATE May 2002
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