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CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 12, 2006
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. Approval of a Neiqhborhood Enterprise Zone Certificate for 286
Monroe. PLANNING & ECONOMIC DEVELOPMENT
C. Approval of a Neighborhood Enterprise Zone Certificate for 1203 4th
Street. PLANNING & ECONOMIC DEVELOPMENT
D. Sale of a Buildable Vacant Lot at 209 E. Walton. PLANNING &
ECONOMIC DEVELOPMENT
E. Policy Change to "Policy for Sale of City-Owned Residential Property".
PLANNING & ECONOMIC DEVELOPMENT
F. Rejection of all Bids for Roof Replacement. PUBLIC WORKS
G. Expense for Stormwater Phase II Compliance 2007-2009. PUBLIC
WORKS
H. Approval of Contractor for Rehabilitation of House at 451 East Isabella.
COMMUNITY & NEIGHBORHOOD SERVICES
I. Lead Based Paint Abatement at 451 East Isabella. COMMUNITY &
NEIGHBORHOOD SERVICES
J. Approval of Contractor for Rehabilitation of House at 214 Myrtle.
COMMUNITY & NEIGHBORHOOD SERVICES
K. Lead Based Paint Abatement at 214 Myrtle. COMMUNITY &
NEIGHBORHOOD SERVICES
L. Defined Contribution Retirement Plan for New Hires (Police Patrol).
FINANCE
o PUBLIC HEARINGS:
A. Reauest to Issue an Obsolete Property Certificate - 1133 Third Street.
PLANNING & ECONOMIC DEVELOPMENT
B. Spreading of the Special Assessment Roll for Benton Avenue and
Williams Street. Chestnut to Catawba. ENGINEERING
C. Spreading of the Special Assessment Roll for Park Street. Laketon to
Southern. ENGINEERING
D. 2007 Budget Adoption. FINANCE
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Set Public Hearing for Amendment to Brownfield Plan - Redevelopment
of the Century Club & Daniels and Redevelopment of Muskegon
Savings Bank. PLANNING & ECONOMIC DEVELOPMENT
B. Set Public Hearing for Amendment to Brownfield Plan - Vida Nova at
Edison landing. PLANNING & ECONOMIC DEVELOPMENT
C. Extension of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
D. Extension of Tool & Die Recovery Zone Status for Northern Machine Tool.
PLANNING & ECONOMIC DEVELOPMENT
E. Fire Station Construction Contract. CITY MANAGER
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
)> Submit the form to the City Clerk.
)> Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
)> {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO AITEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT LINDA
POITER, ACTING CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO:
(231) 724·4172.
Date: September 12,2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, August 22, 2006.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
SEPTEMBER 12, 2006
CITY COMMISSION CHAMBERS@ 5:30P.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, September
12,2006.
Mayor Warmington opened the meeting with a prayer from Reverend
Michael Borgert from the First Christian Reformed Church 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 Wierengo, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
Acting City Clerk Linda Potter.
2006-74 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, August 22, 2006.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Aooroval of a Neighborhood Enterprise Zone Certificate for 286
Monroe. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
certificate has been received from Neighborhood investment Corporation to
rehabilitate a home in the Nelson neighborhood at 286 Monroe Avenue. The
home is located in a Neighborhood Enterprise Zone. The application states that
the estimated cost for rehabilitation will be $73,057. The rehab will consist of
plumbing, electrical, drywall, carpentry, painting, floor coverings, and siding
repair for the home. The applicant has met local and state requirements for the
issuance of the Neighborhood Enterprise Zone certificate. Approval or denial by
the City Commission is required within 60 days of the application date and must
be forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the issuance of the Neighborhood
Enterprise Zone certificate.
C. Approval of a Neighborhood Enterprise Zone Certificate for 1203 4'h
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
certificate has been received from Neighborhood Investment Corporation to
rehabilitate a home in the Nelson neighborhood at 1203 4th Street. The home is
located in a Neighborhood Enterprise Zone. The application states that the
estimated cost for rehabilitation will be $35,220. The rehab will consist of
windows, floor coverings, paint, drywall, carpentry, bathroom, and a new
kitchen to the home. The applicant has met local and state requirements for
the issuance of the Neighborhood Enterprise Zone certificate. Approval or
denial by the City Commission is required within 60 days of the application date
and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 9
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the Neighborhood Enterprise
Zone certificate.
D. Sale of a Buildable Vacant lot at 209 E. Walton. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 209 E.
Walton to J2 Properties Development and Construction Company, LLC. The lot
is 132 x 140 ft. and is being offered to J2 Properties Development and
Construction Company, LLC for $4,125. This property will be split into two lots to
construct two single-family homes facing Murphy Street. The proposed homes
will have three bedrooms, two and a half bathrooms, a two stall attached
garage, with one home consisting of 1,536 sq. ft. and the other one consisting of
1.400 sq. ft.
FINANCIAL IMPACT: The sale of this lot for the construction of two single family
homes will generate additional tax revenue for the City and will place the
property back on the City's tax rolls thus relieving the City of continued
maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval of the sale at their regular meeting of August 22, 2006.
E. Policy Change to "Policy for Sale of City-Owned Residential Property",
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the changes to the "Policy for Sale of City-
Owned Residential Property" as follows: Page 2 item 7 - This is to increase the
Home Design Credit from $2,500 to $3,500 and to place a time limit as to when it
can be collected. Page 3 "Process for Purchasing Land" to change the name
of the brochure to Purchase of City Owned Buildable Lots & Building Incentives.
Page 4 "Title Evidence/Insurance" to correct a misspelled word from "spit" to
"split".
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
recommended approval of the policy change at their regular meeting of
August 22, 2006.
F. Rejection of all Bids for Roof Replacement. PUBLIC WORKS
SUMMARY OF REQUEST: We are asking the Commission to reject all bids
submitted for the replacement of the shop area roof at the Public Service
Building. Each of the 3 bids taken exceeded the budgeted amount set aside for
this project. We will re-bid with modified specifications which are expected to
lower the expected bids to within the budgeted amount.
FINANCIAL IMPACT: $50,000 was budgeted in the Public Service Building Fund
for shop roof replacement in 2006. All three bids were well over $100,000 each.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Reject all bids. This project will be re-bid.
G. Expense for Stormwater Phase II Compliance 2007-2009. PUBLIC
WORKS
SUMMARY OF REQUEST: The Muskegon Area Storm Water Committee is asking
for a commitment to Muskegon's share of the 2007-2009 Stormwater Phase II
compliance program. Our total expense would be $31,571 payable at $1 0,524
for each year 2007-2009. This is to pay for professional services by our consultant,
FTC&H to continue development of required plans for this consortium of
municipalities. This is a 3% increase over the current year's amount. $9,917.
FINANCIAL IMPACT: This increase has been allocated under the Stormwater
Management Budget of the General Fund for 2007.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve this commitment.
H. Approval of Contractor for Rehabilitation of House at 451 East Isabella.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Lewis E. Johnson
Construction, 16076 Bonita Court, Grand Haven, Ml for the completion of the
rehabilitation of 451 E. Isabella, for the cost of $58,900. After the total
rehabilitation is completed, the home will be sold to a qualified first-time
homebuyer, continuing the City's aggressive neighborhood revitalization efforts
in the Angel neighborhood area under the Operation: Like a "Good Neighbor".
The City received four additional bids:
• Obenauf DePender Construction LLC, 4471 Thompkins Trail, Muskegon, Ml
for $68,578
• J2 Development & Construction, 109 West Laketon Avenue, Muskegon, Ml
for $75,010
• Higdon Builders Inc, 11180 East D Avenue, Richland, Ml for $78,350
• Beattie Bros. Construction LLC, 2786 Holton-Whitehall Road, Twin Lake, Ml
for $104,995
FINANCIAL IMPACT: The funding for the project will be taken from the City's
2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services office to develop a contract with Lewis E. Johnson Construction of
Grand Haven, Michigan, and direct the Mayor and Clerk to sign the contract.
I. Lead Based Paint Abatement at 451 East Isabella. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Abatement Specialties
Group Inc, 11180 East D Avenue, Richland, Ml for the lead base paint
abatement of the city-owned home at 451 E. Isabella for the cost of $32,650.
The City received one additional bid from Statewide Abatement, 1720 Creston,
North Muskegon, Ml for $33,190. After the lead base paint abatement is
complete, the structure will be totally rehabilitated and then sold to a qualified
low to moderate income home buyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2006-2007
HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with Abatement Specialties Group Inc. of Richland,
MI. and direct the Mayor and Clerk to sign the contract.
J. Approval of Contractor for Rehabilitation of House at 214 Myrtle.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Success Enterprise, 2722
East Broadway, Muskegon, Ml for the completion of the rehabilitation located at
214 Myrtle for the cost of $65,505. This property is located near the City's current
lnfill Development Project "Walton Street Renaissance". After the total
rehabilitation is completed, the home will be sold to a qualified first-time
homebuyer, continuing the City's aggressive neighborhood revitalization efforts
in the Angel neighborhood area under the Operation: "Market View Alley".
The City received five additional bids:
• Obenauf DePender Construction LLC, 4471 Thompkins Trail. Muskegon, Ml
for $77,060
• J2 Development & Construction, 109 West Laketon Avenue, Muskegon, Ml
for $94,120
• Holden Construction, 601 Amity, Muskegon, Ml for $95,045
• Higdon Builders Inc., 11180 East D Avenue, Richland, Ml for $1 03,500
• Beattie Bros. Construction LLC. 2786 Holton-Whitehall Road, Twin Lake, Ml
for $1 40.430
FINANCIAL IMPACT: The funding for the project will be taken from the City's
2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Community and Neighborhood
Services office to develop a contract with Success Enterprises and direct the
Mayor and Clerk to sign the contract.
K. Lead Based Paint Abatement at 214 Myrtle. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Success Enterprise, 2722
East Broadway, Muskegon, Ml for the lead base paint abatement of the city-
owned home at 214 Myrtle for the cost of $40,950.
The City received one additional bid from Abatement Specialties, 11180 East D
Avenue, Richland, Ml for $45,700. After the lead base paint abatement is
complete, the structure will be totally rehabilitated and then sold to a qualified
low to moderate income homebuyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2006-2007
HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with Success Enterprises of Muskegon, and direct
the Mayor and Clerk to sign the contract.
L. Defined Contribution Retirement Plan for New Hires (Police Patrol).
FINANCE
SUMMARY OF REQUEST: Through negotiation/arbitration with the Police Patrol
Union, new employees hired after July 28, 2006, will be covered under a defined
contribution pension program. In addition, current employees may also join the
Defined Contribution plan on on elective basis during a window period. The
new Defined Contribution plan calls for a city contribution of 10% and on
employee contribution of 6% of wages.
Documents for this plan are the some as for the previous plan set-ups for
Clerical, Fire, Non-union and 517M employees. Stoff is requesting authorization
to hove the Mayor, Clerk and other required city officials sign the necessary
documents to implement the new Defined Contribution plan for police patrol.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the city's annual pension costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the consent agenda as read.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierenga
Nays: None
MOTION PASSES
2006-75 PUBLIC HEARINGS:
A. Request to Issue an Obsolete Property Certificate - 1133 Third Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts
of 2000, OAT Holdings LLC, 16012 Baird Drive, Spring Lake, Ml has requested the
issuance of on Obsolete Property Certificate for the property located at 1133
Third Street, Muskegon, MI. Total capital investment for this project is $175,000.
The project consists of converting the building into a restaurant. Because of the
amount of investment, the applicant is eligible for a 9 year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property
taxes would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
The Public Hearing opened at 5:49 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 5:52 p.m. and approve the request to issue an Obsolete
Property Certificate for 1133 Third Street.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
B. Spreading of the Special Assessment Roll for Benton Avenue and
Williams Street, Chestnut to Catawba. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Benton & Williams Street from Chestnut to Catawba, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $32,272.55 would be spread against the sixteen
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll, and adopt
the resolution.
The Public Hearing opened at 5:53 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Vice Mayor Gawron, second by Commissioner Carter to close the
Public Hearing at 5:55 p.m. and spread the special assessment roll for Benton
and Williams from Chestnut to Catawba.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for Park Street, Laketon to
Southern. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for Park Street from Laketon to Southern, and to adopt the resolution
confirming the special assessment roll.
FINANCIAL IMPACT: A total of $78,723.20 would be spread against the 33
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll, and adopt
the resolution.
The Public Hearing opened at 5:56 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Spataro to close the
Public Hearing at 5:57 p.m. and approve the spreading of the special
assessment roll for Park Street, Laketon to Southern.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
D. 2007 Budget Adoption. FINANCE
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's
proposed budget for the year 2007. The proposed budget has been made
available for public inspection at City Hall. Hackley Public Library and the City's
website. After hearing public comments, the City Commission may take action
to adopt the 2007 budget with whatever changes or adjustments it deems
necessary. In any event, City Charter requires the budget be adopted no later
than September 25, 2006.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial plan
for operations in the year 2007. As proposed, the budget includes no property
tax increase.
BUDGET ACTION REQUIRED: Adoption of the budget resolution provides the
legal appropriation authority necessary for City departments to conduct
operations in 2007.
STAFF RECOMMENDATION: After receiving comments, close the public hearing
and approve the proposed 2007 City of Muskegon Budget resolution. Also,
approval of the 3rd Quarter 2006 Budget Reforecast as shown in the Budget
Book is recommended at this time.
The Public Hearing opened at 5:58 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 5:59 p.m. and approve the proposed 2007 Budget and the 3rd
Quarter 2006 Budget Reforecasl.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
2006-76 NEW BUSINESS:
A. Set Public Hearing for Amendment to Brownfield Plan - Redevelopment
of the Century Club & Daniels and Redevelopment of Muskegon
Savings Bank. 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 Western Avenue
Properties, LLC and Port City Construction & Development Services, LLC, known
as Western Avenue Properties, located at 350, 356, 360-366 W. Western, 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 residential
condominiums 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 September 5, 2006 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
Plun Amendment for October 10, 2006.
Motion by Commissioner Spataro, second by Commissioner Carter to set the
Public Hearing for the Amendment to the Brownfield Plan for the redevelopment
of the Century Club and Daniels and the Muskegon Savings Bank for October 10,
2006.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
B. Set Public Hearing for Amendment to Brownfield Plan - Vida Nova at
Edison Landing. 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 DDLH, LLC, known as
Vida Nova at Edison Landing, located at 160 & 190 Viridian 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 residential
condominiums 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 September 5, 2006, 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 October 10, 2006.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to approve
the resolution setting the Public Hearing for the amendment to the Brownfield
Plan for Vida Nova at Edison Landing for October 10, 2006.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
C. Extension of Contract to Market Seaway Industrial Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: In 2004, C & A Commercial Real Estate was selected as
the company to market Seaway Industrial Park properties, as well as one
property located on Getty Street. A nine-month real estate agreement was
originally signed by the Mayor, with a six-month extension signed by the City
Manager in December 2004. City Commission granted C & A Commercial Real
Estate another six-month extension in August 2005 and again in February 2006.
Staff feels that Commission should review the performance of C & A
Commercial Real Estate in order to determine if there should be another
extension of the agreement for a six-month time period.
FINANCIAL IMPACT: The continued timely sale and development of these
properties will bring more jobs to Muskegon in the near future, thus additional
income tax being generated.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: No staff recommendation.
Motion by Commissioner Carter, second by Commissioner Shepherd to give an
extension of the contract to market Seaway Industrial Park to C & A Commercial
Real Estate for a six-month time period.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
D. Extension of Tool & Die Recovery Zone Status for Northern Machine Tool.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Resolution extending the Tool & Die
Recovery Zone for Northern Machine Tool. The City originally granted 15 years
but other municipalities only granted 12 years for other companies in the
Coalition, making Northern Machine Tool only eligible for 12 years. The law has
since been amended, allowing differing lengths of time for different companies
in the coalition. Northern Machine Tool is now requesting an extension to take
advantage of the full 15 years.
FINANCIAL IMPACT: The original estimates were that the City will forego
approximately $7,300 per year for a total of approximately $109,545 in taxes for
the 15-year period of the zone.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Resolution extending the Tool & Die
Recovery Zone for Northern Machine Tool, and authorize the Mayor and Clerk to
sign.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the resolution extending the Tool & Die Recovery Zone for Northern
Machine Tool.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
E. Fire Station Construction Contract. CITY MANAGER
SUMMARY OF REQUEST: To award a contract for the construction of a new
central fire station a t th e corner of Terrace Street a nd Western Avenu e. A
recomme nda tio n will be ma de a t the commission meeting a fter the bids can
be analyzed .
FI NANCIAL IMPACT: Approxima tely $3.5 million.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff w ill recommend the lowest responsible bidder
at the m eeting on Tuesday.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to award the
contract for the new fire station to Beckering Advisor Inc. with alternate #1.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: C ommissio n discussed various items.
ADJOURNMENT: The City Commissio n M eeting adjourned at 6:50 p.m .
Respectfully su bmitted,
Lind a Potter, CMC
Acting City Clerk
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- September 12, 2006
TO: Honorable Mayor & City Commissioners
FROM: Planning DepartmenratC---
DATE: August 22, 2006
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate for 286 Momoe
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Neighborhood Investment Corporation to rehabilitate a home in the Nelson neighborhood at 286
Momoe Avenue. The home is located in a Neighborhood Enterprise Zone. The application
states that the estimated cost for rehabilitation will be $73,057. The rehab will consist of
plumbing, electrical, drywall, carpentry, painting, floor coverings, siding repair, and HV AC for
the home. The applicant has met local and state requirements for the issuance of the NEZ
certificate. Approval or denial by the City Commission is required within 60 days of the
application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Planning\COMMON\NEZ\286 monroe\Agenda Itcm.doc
Resolution No. 2006-74(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPRISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Neighborhood Investment Corporation to rehabilitate a home at 286 Monroe
Avenue in the Nelson neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Neighborhood Investment Corporation be
approved.
Adopted this, 121h day of September, 2006.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierenga
Nays: None
Absent: None
Attest: Linda
~~ Potter
Acting City Clerk
2006-74(b)
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on September 12, 2006.
By: ~ ~
Linda Potter
Acting City Clerk
286 Monroe
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- September 12, 2006
TO: Honorable Mayor & City Connnissioners
FROM: Planning Department (!i,L
DATE: August 22, 2006
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate for 1203 41h Street
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Neighborhood Investment Corporation to rehabilitate a home in the Nelson neighborhood at
1203 4th Street. The home is located in a Neighborhood Enterprise Zone. The application states
that the estimated cost for rehabilitation will be $35,220. The rehab will consist of windows,
HVAC, floor coverings, paint, drywall, carpentry, bathroom, and a new kitchen to the home.
The applicant has met local and state requirements for the issuance of the NEZ certificate.
Approval or denial by the City Connnission is required within 60 days of the application date
and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 9 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\1203 4th \Agenda Item.doc
Resolution No. 2006-74 (c)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPRISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the City Clerk by Neighborhood Investment Corporation to rehabilitate a home at 1203 41h Street
in the Nelson neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for nine (9) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the rehabilitation of a home by Neighborhood Investment Corporation be
approved.
Adopted this, 12'h day of September, 2006.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierenga
Nays: None
Absent: None
Attest: ~
Linda Potter
Acting City Clerk
2006-74(c)
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City ofMuskegon, County of Muskegon, Michigan at a regular
meeting held on September 12, 2006.
By: ~ .dtlvz.
Linda Potter
Acting City Clerk
1203 41h Street
Commission Meeting Date: September 12, 2006
Date: August 22, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ~c_
RE: Sale of Buildable Vacant Lot at 209 E Walton.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 209 E. Walton (Parcel #24-205-191-0009-
00) to J2 Properties Development and Construction Company, LLC. The lot is 132 x 140ft.
and is being offered to J2 Properties Development and Construction Company, LLC $4,125.
This property will be split into two lots to construct two single-family homes facing Murphy
Street. The proposed homes will have three bedrooms, two and a half bathrooms, a two
stall attached garage, with one home consisting of 1,536 sq. ft. and on consisting of 1,400
sq. ft.
FINANCIAL IMPACT:
The sale of this lot for the construction of two single family homes will generate additional tax
revenue for the City and will place the property back on the City's tax rolls thus relieving the
City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval of the sale at their regular
meeting of August 22, 2006.
ResolutionNo. 2006-74(d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 209 E. WALTON
AVENUE IN ANGELL NEIGHBORHOOD FOR $4,125 as recommended by the Land
Reutilization Committee at their regular meeting of August 22, 2006.
WHEREAS, J2 Properties Development and Construction Company, LLC be allowed to
purchase the parcel designated as parcel number 24-205-191-0009-00, located at 209 E Walton
Avenue for $4,125; and
WHEREAS, the price for parcel number 24-205-191-0009-00 is set by the City at $4,125, which
is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots, in
that, this property will be split for the construction of two single-family homes.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-191-0009-00, located at
209 E. Walton Avenue be sold to J2 Properties Development and Construction Company, LLC
for $4,125.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 9 AND 10 BLK 191
Adopted this 1 2t h day of September-, 2 0 0 6
Ayes: Carter , Dav i s, Gawron, Shepherd, Spataro, Warmington, and
Wierenga
Nays: None
Absent None
Attest: cr/dA
Linda Potter
Acting City Clerk
2006-74(d)
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Conunission ofthe City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on September 12, 2006.
By: ~ J!tlz&
Linda Potter
Acting City Clerk
J
s
209 E. Walton
Commission Meeting Date: September 12, 2006
Date: August23,2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CB c_
RE: Policy change to "Policy for Sale of City-Owned
Residential Property''
SUMMARY OF REQUEST:
To approve the changes to the "Policy for Sale of City-Owned Residential Property" as
follows: Page 2 item 7 - This is to increase the Home Design Credit from $2,500 to $3,500
and to place a time limit as to when it can be collected. Page 3 "Process for Purchasing
Land" to change the name of the brochure to Purchase of City Owned Buildable Lots &
Building Incentives. Page 4 "Title Evidence/Insurance" to correct a misspelled word from
"spit" to "split".
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval of the policy change at their
regular meeting of August 22, 2006
8/23/06
RESOLUTIONNO. 2006-74(e)
MUSKEGON CITY COMMISSION
RESOLUTION TO ADOPT AN AMENDMENT TO THE "POLICY FOR SALE OF CITY-
OWNED RESIDENTIAL PROPERTY"
WHEREAS, the City of Muskegon owns many lots and wishes to sell these lots, and;
WHEREAS, the City of Muskegon would like to change the Home Design Credit from $2,500 to
$3,500 and add that there is a one year time limit to collect once the home is constructed;
WHEREAS, the City ofMuskegon would like to change the brochure title from Purchase of City
Owned Residential Property to Purchase of City Owned Buildable Lots & Building Incentives;
WHEREAS, the CityofMuskegon would like to make a spelling correction from spit to split;
NOW, THEREFORE, BE IT RESOLVED that the City Commission hereby adopts the
following policy amendment:
(to be changed on page 2)
In no case shall the total number of credits amount to more than $3,500 nor shall it exceed the purchase
price of the land. This credit must be asked for within 1 (one) year of building completion by the purchaser/owner.
All landscaping must be completed in order to qualify for the credit.
(to be changed on page 3)
.. ... "Purchase of City Owned Buildable Lots & Building Incentives.
(to be changed on page 4)
.. ... ..sold and properties split for minimal amounts .... . ..
Adopted this l2 1h day of September, 2006.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington,
and Wierenga
Nays: None
Absent: None
Attest _~.c.LI,A.,
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Muskegon Area Storm Water Committee
Regulatory Compliance and SWPPiimpiementatlon
Cost Allocation
2007.2009
2007-2009 ANNUAL
PHASE II COMMUNITIES ~ COST
Dalton Township $8,939 $2,980
Egelston Township $13,616 $4,539
Fruitport Charter Township $12,305 $4,102
Laketon Township $10,598 $3,533
City of Muskegon* $31,571 $10,524
Muskegon Charter Towtishlp $19,322 $6,441
Norton Shores $22,700 $7,567
Roosevelt Park $6,840 $2,280
Sullivan Township $5,778 $1,926
Muskegon Heights $11,263 $3,754
Muskegon County Administration $44,739 $14,913
and Drain Commissioner
Muskegon County Road Commission $44,739 $14,913
R:\01513i\Pt0ject Managemenl\2007·2009 Cost Allocatlon.XI5 frc&h 612912006
Commission Meeting Date: September 12,2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contractor for Rehabilitation of House
at 451 East Isabella.
SUMMARY OF REQUEST: To approve the contract with Lewis E.
Johnson Construction, of 16076 Bonita Court, Grand Haven, Michigan,
for the completion of the rehabilitation to be located at 451 E. Isabella,
for the cost of $58,900 (Fifty-eight thousand nine hundred dollars).
After the total rehabilitation is completed the home will be sold to a
qualified first-time homebuyer, continuing the City's aggressive
neighborhood revitalization efforts in the Angel neighborhood area under
the Operation: Like A "Good Neighbor"
The City received five (4) additional bids:
• Obenauf DePender Construction LLC, of 4471 Thompkins Trail
Muskegon Michigan, for $ 68,578 (Sixty-eight thousand five hundred
seventy-eight dollars)
• J2 Development & Construction, of 109 West Laketon Avenue
Muskegon Michigan, for$ 75,010 (Seventy-five thousand ten dollars)
• Higdon Builders Inc, of 11180 East D Ave Richland Michigan, for
$78,350 (Seventy-three thousand three hundred fifty dollars)
• Beattie Bros. Construction LLC, of 2786 Holton-Whitehall Road
Twin Lake Michigan, for $ 104,995 (One hundred four thousand nine
hundred ninety-five dollars)
FINANCIAL IMPACT: The funding for the project will be taken from the
City's 2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the Community and
Neighborhood Services office to develop a contract with Lewis E.
Johnson Construction of Grand Haven Michigan and direct the Mayor
and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: None needed.
24-205-078-0002-00 451 E ISABELLA AVE STREET VIEW 07/03
Commission Meeting Date: September 12,2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Lead Based Paint abatement at 451 East Isabella
SUMMARY OF REQUEST: To approve the contract with Abatement
Specialties Group Inc, of 11180 East D Ave Richland Michigan, for the
lead base paint abatement of the city-owned home at 451 E. Isabella for
the cost of $32,650. {Thirty-two thousand six hundred fifty dollars)
The City received one additional bid:
• Statewide Abatement, of 1720 Creston North Muskegon Michigan,
for $33,190 {Thirty-three thousand one hundred ninety dollars)
After the lead base paint abatement is complete the structure will be
totally rehabilitated and then sold to a qualified low to moderate-income
home buyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the
2006-2007 HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and
Neighborhood Services office to develop a contract with Abatement
Specialties Group Inc of Richland Michigan and direct Mayor and Clerk
to sign the contract.
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: September 12,2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contractor for Rehabilitation of House
at 214 Myrtle. W·
f:, ·
SUMMARY OF REQUEST: To approve the contract with Success
Enterprise, of 2722 East Broadway Muskegon Michigan, for the
completion of the rehabilitation to be located at 214 Myrtle, for the cost
of $65,505 (Sixty-five thousand five hundred and five dollars). This
property is located near the City's current lnfill development Project
"Walton Street Renaissance".
After the total rehabilitation is completed the home will be sold to a
qualified first-time homebuyer, continuing the City's aggressive
neighborhood revitalization efforts in the Angel neighborhood area under
the Operation: "Market View Alley"
The City received five (5) additional bids:
• Obenauf DePender Construction LLC, of 4471 Thompkins Trail
Muskegon Michigan, for $ 77,060 (Seventy-seven thousand sixty
dollars)
• J2 Development & Construction, of 109 West Laketon Avenue
Muskegon Michigan, for$ 94,120 (Ninety-four thousand one hundred
twenty dollars)
• Holden Construction, of 601 Amity Muskegon Michigan, for
$95,045 (Ninety-five thousand forty five dollars)
24-205-206-0014-10 214 MYRTLE AVE STREET VIEW
Commission Meeting Date: September 12,2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Lead Based Paint abatement at 214 Myrtle [;j ·b •
SUMMARY OF REQUEST: To approve the contract with Success
Enterprise, of 2722 East Broadway Muskegon, Michigan for the lead
base paint abatement of the city-owned home at 214 Myrtle for the cost
of $40,950. (Forty thousand nine hundred fifty dollars)
The City received one additional bid:
• Abatement Specialties, of 11180 East Dave Richland, Michigan, for
$45,700 (Forty-five thousand Seven hundred dollars)
After the lead base paint abatement is complete the structure will be
totally rehabilitated and then sold to a qualified low to moderate-income
home buyer.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the
2006-2007 HOME budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and
Neighborhood Services office to develop a contract with Success
Enterprises of Muskegon, and direct Mayor and Clerk to sign the
contract.
COMMITTEE RECOMMENDATION: None
24-205-206-0014-10 214 MYRTLE AVE STREET VIEW
Date: September 12, 2006
To: Honorable Mayor and City Commissioners
from: Finance Director
RE: Defined Contribution Retirement Plan for New Hires (Police Patrol)
SUMMARY OF REQUEST: Through negotiation/arbitration with the Police Patrol Union,
new employees hired after 7/28/06 will be covered under a defined contribution pension
program. In addition, current employees may also join the DC plan on an elective basis during a
window period. The new DC plan calls for a city contribution of 10% and an employee
contribution of 6% of wages.
Documents for this plan are the same as for the previous plan set-ups for Clerical, Fire, Non-
union and 517M employees. Staff is requesting authorization to have the Mayor, Clerk and
other required city officials sign the necessary documents to implement the new DC plan for
police patrol.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and better
define the city's annual pension costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
COMMITIEE RECOMMENDATION: None
MERS REVISED UNIFORM DEFINED CONTRIBUTION
PROGRAM RESOLUTION
WHEREAS, the MERS Plan Document of 1996, effective October I, 1996, authorized a
defined contribution option (Section 19A, Benefit Program DC) as a new benefit program that a
participating municipality or court may adopt for MERS members to be administered under the
discretion of the Municipal Employees' Retirement Board as trustee and fiduciary, directly by (or
through a combination of) MERS or MERS' duly-appointed third-party administrator.
WHEREAS, as a new provision, Section 19A, along with the remainder of the Plan, received
from the Internal Revenue Service a Letter of Favorable Determination (dated July 8, I 997) that the
Plan is a qualified Plan under Section 40 I of the lntemal Revenue Code, and an exempt trust under
Section 501.
WHEREAS, on May 5, 1997, the Municipal Employees' Retirement Board entered into an
Alliance Agreement with ICMA-RC (the International City Management Association Retirement
Corporation) as third-party administrator for the defined contribution plans under Plan Document
Section 19A.
WHEREAS, on November 14, 2001, following MERS' due diligence search and review, the
Retirement Board and ICMA-RC entered into the Amended and Restated Alliance Agreement (the
"200 I Alliance Agreement") (Attachment I) for third-party administrator services. Participating
employees of MERS' municipalities and courts adopting Benefit Program DC receive enhanced
services and favorable decreased participant fees under the 2001 Agreement. Additionally, such
services and fees shall also be available where the participating municipality or court adopting Benefit
Program DC has in effect (or subsequently establishes) an IRC section 457 deferred compensation plan
or section 40I(k) plan. Approval of this Revised Uniform Resolution by each MERS participating
municipality and court which adopts or has adopted MERS Benefit Program DC is necessary and
required in order that the benefits available under the 200 I Alliance Agreement may be extended to
covered participants.
WHEREAS, this Revised Uniform Resolution has been approved by the Board under the
authority of 1996 PA 220, Section 36(2)(a), MCL 38.1536(2)(a), declaring that the Retirement Board
"shall determine ... and establish" all provisions of the retirement system. Under this authority, the
Board authorized Section I 9 A, the Defined Contribution Benefit Program, which shall not be
implemented unless in strict compliance with the terms and conditions of this Revised Resolution.
• It is expressly agreed and understood as an integral and nonseverable part of this Revised
Resolution that Section 43B of the Plan Document shall not apply to this Revised Uniform
Resolution and its administration or interpretation.
• In the event any alteration of the terms or conditions stated in this Revised Uniform
Resolution is made or occurs, under Section 43B or other plan provision or other law, it is
expressly recognized that MERS and the Retirement Board, as sole trustee and fiduciary of
the MERS Plan and its trust reserves, and whose authority is nondelegable, shall have no
obligation or duty: to administer (or to have administered) the Defined Contribution Benefit
MERS DC Adoption Resolution ll/14/01 Page 1 of 6 pages
Program; to authorize the transfer of any defined benefit assets to the Defined Contribution
Benefit Program; or to continue administration by the third-party administrator or by MERS
directly.
WHEREAS, concurrent with this Revised Resolution, and as a continuing obligation, this
governing body has completed and approved, and submitted to MERS documents necessary for
adoption and implementation of the MERS Benefit Program DC. This obligation applies to any
documents deemed necessary to the operation of the defined contribution program by MERS' third-
party administrator.
NOW, THEREFORE, BE IT RESOLVED that the governing body adopts (or readopts)
MERS Benefit Program Defined Contribution as provided below.
I. NEW EMPLOYEES
Effective July 28 , 20~, (to be known as the ADOPTION DATE), the
_ ___cC:..:i:cct:..,y.__o_f_M_u_s-;;;k-::e:O:g:-::o-:-n_.,-;--;:---,--:--------- hereby adopts Benefit Program
(MERS municipality/court)
DC (as set forth in the MERS Uniform Defined Contribution Program Adoption Agreement) for
Members of Police Patrol Bargaining Unit .. (specifY employees/division #s)
first hired on and after the Adoption Date, and optional participation for any employee or officer of
this municipality otherwise eligible to participate in MERS under Sections 2B(3)(a) and 3(3) of the
Plan Document who has previously elected to not participate in MERS. ONLY THOSE
EMPLOYEES ELIGIBLE FOR MERS MEMBERSIDP (SECTIONS 2B(3) AND 3 OF THE
PLAN DOCUMENT) SHALL BE ELIGIBLE TO PARTICIPATE.
(A) CONTRIBUTIONS shall be as allowed imd specified in the Adoption Agreement
(Attachment 2, completed and approved and a certified copy submitted to MERS
concurrent with and incorporated by reference in this Resolution) subject to the
provisions of MERS Plan Document: Section 19A(2) that employer contributions shall
be in any percentage of compensation from I% to the maximum allowed by the Internal
Revenue Code, in increments of 0.1 %; and Section 19A(3), under which an employee
member may voluntarily contribute additional amounts to the extent allowed by the Code.
(B) EARNINGS under the Adoption Agreement shall include items of "Compensation" under
Section 2A(6) of the MERS Plan Document, being the Medicare taxable wages reported on
the member's W-2 statement.
(C) VESTING shall be as allowed and specified under:
(I) Plan Section 19A(l2), whose text is set out 111 Section II(G) of this Revised
Resolution: and
(2) the Adoption Agreement.
STOP If covering new employees only, skip II and go to Ill on page 5. STOP
MERS DC Adoption Resolution I i/14!01 Page 2 of 6 pages
II. OPTIONAL PROVISION FOR CURRENT MERS MEMBERS WHERE DC
PROGRAM FOR NEW EMPLOYEES ESTABLISHED (PLAN SECTION !9A(8)-(l !))
THIS OPTIONAL PROVISION SHALL ONLY BE SELECTED
WHERE THE TOTAL FUNDED PERCENT OF AGGREGATE
ACCRUED LIABILITIES AND VALUATION ASSETS OF ALL
RESERVES SPECIFIED IN TABLE 11 (OR SUCCESSOR TABLE)
OF THE MOST RECENT MERS ANNUAL ACTUARIAL
VALUATION REPORT IS AT LEAST SIXTY PERCENT (60%).
IT IS ADDITIONALLY RESOLVED, as provided in each of the following paragraphs:
(A) Effective on the Adoption Date, pursuant to Plan Section !9A(8)(b) all current MERS
defined benefit members who are members of the same employee classification described
in Section I above on the Adoption Date shall:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
where vested under this municipality's MERS vesting program (I 0, 8, or 6 years)
where the employee has at least the following number of years of credited service for
this municipality on Adoption Date: (insert whole number less than
vesting program)
without regard to vesting
be offered the opportunity to irrevocably elect coverage under Benefit Program DC, under
the detailed procedures specified in Plan Section 19A(9)-(11 ).
(B) For each eligible employee, an opportunity to irrevocably elect to participate in Benefit
Program DC shall be offered. Section 19A(9) specifies an employee's written election to
participate shall be filed with MERS: (a) not earlier than the last day of the third month
after this Resolution is adopted and received by MERS; and (b) not later than the first day
of the first calendar month that is at least six months after MERS receives this Resolution.
This means each eligible employee will have about 90 days to make the decision.
After MERS receives this Resolution, this governing body's authorized official and eligible
employees will be advised by MERS of the election window timelines and other
information to consider in making the irrevocable decision whether to participate in Benefit
Program DC.
(C) Participation for those electing coverage shall be effective the first day of the first calendar
month at least seven (7) months after MERS' receipt of the Resolution, here designated as
being the month of , 20__, (insert month and year) which shall
be known as the "CONVERSION DATE."
0
MERS DC Adoption Resolution 11/14/01 Page 3 of 6 pages
(D) The opportunity for current employees on the Adoption Date to participate in the DC
Program shall:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
apply to all employees who separate from or terminate employment with
this municipality after the Adoption Date and before the Conversion
Date, so long as the employee does not receive a retirement allowance
from MERS based on service for this municipality.
_ _ not apply to any employee who separates from or terminates
employment with this municipality after the Adoption Date.
(E) CONTRIBUTIONS shall be as provided in Section I (A) above.
(F) EARNINGS shall be as provided in Section I (B) above.
(G) VESTING shall be as provided in Section I (C) above, and participants shall be credited,
on participant written request and MERS' verification of such service, with all eligible
service, if any, specified in Plan Section 19A(12) which states:
Where a member has previously acquired in the employ of any participating municipality or
participating court:
(a) not less than 1 year of defined benefit service in force with a participating municipality
or participating court;
(b) eligible credited service where the participating municipality or participating court has
adopted the Reciprocal Retirement Act, 1961 PA 88;
(c) at least 12 months in which employer contributions by a participating municipality or
participating court have been made on behalf of the member under Benefit Program
DC,
such service shall on the member's written request to the employer and MERS' verification of
such service be applied toward satisfYing the vesting schedule for employer contributions.
This requirement shall apply to all adoptions of Benefit Program DC on and after October 1,
2000; where previously adopted, the participating municipality or participating court may
adopt this subsection (12) with full effectiveness as of the original defined contribution
adoption date for the employer division involved.
(H) For each employee irrevocably electing to participate in Benefit Program DC, then under
Plan Section l9A(ll), MERS shall transfer to the member's credit (as adjusted through
MERS' records to the Conversion Date) the greater of:
(!)The member's accumulated contributions; or
(2) The actuarial present value (as determined in Paragraph (I) below).
The transfer shall be made approximately 30 calendar days after the Conversion Date, and
the transfer amount shall include pro-rated regular interest at the regular Board -established
MERS DC Adoption Resolution 11!14/01 Page 4 of 6 pages
rate of (currently four percent (4%)) measured from the Conversion Date to the actual
transfer date.
(I) Per Plan Section l9A(ll)(b), the Retirement Board has established the assumptions for
calculation of the actuarial present value of a member's accrued benefit that may be
transferred. The assumptions are:
(I) The interest rate in effect as of the Adoption Date, to determine actuarial
present value, shall be the Board-established investment earnings rate
assumption (currently eight percent (8.00%)).
(2) The funded level for the member's specific MERS division (total funded
percentage of the present value of accrued benefits and valuation assets of all
reserves) as of the Adoption Date from the most recent MERS annual actuarial
valuation report data provided by MERS' actuary. In the APV calculation, the
funded level used shall be:
THE GOVERNING BODY SHALL
SELECT ONLY ONE OF THE FOLLOWING
_ _ Funded level for the division (not to exceed I 00% funded level).
If greater than the division's funded level but not more than I 00% funded
level, then MERS is directed to compute the funded percentage for the
transfer calculation on % funded basis (insert number not less than
funded level percentage and not more than 100%). Where less than 100% funded
level exists, this governing body recognizes that such direction shall
increase its pension funding liability. MERS shall not implement such
direction unless the governing body forwards to MERS sufficient cash up to
the funded level selected for all members prior to the Conversion Date; if
sufficient cash is not forwarded, then the governing body expressly
covenants with MERS and directs, as a condition of this selection, to
MERS billing and the governing body remitting to MERS all contributions
necessary to fund the unfunded liability occasioned by the aggregate
transfer of the difference between the actual funded level for the division
and funded level directed above over a period of four (4) years.
III. IMPLEMENTATION DIRECTIONS FORMERS BENEFIT PROGRAM DC
THIRD-PARTY ADMINISTRATOR.
(A) The governing body of this MERS participating municipality or court as Employer desires
that MERS Benefit Program DC be administered by MERS' duly-designated third-party
administrator and that some or all of the funds held under such plan be invested in the
TPA's retirement trust established for the collective investment of funds held under the
Employer's retirement, defined contribution, and deferred compensation plans.
(B) The Employer hereby establishes MERS Benefit Program Defined Contribution as
authorized by Section 19A of the Municipal Employees' Retirement System of Michigan
Plan Document, in the form of the third-party administrator's IRS-qualified retirement
trust.
MERS DC Adoption Resolution II/l4/0l Page 5 of 6 pages
(C) The Declaration of Trust (Attaclunent 2, Appendix A, approved and adopted concurrent
with and incorporated by reference in this Resolution) is operative and applies with respect
to any MERS Benefit Program DC plan or deferred compensation plan previously or
subsequently established by the Employer, if the assets are to be invested in the third-party
administrator's Fetirement trust.
(D) Finance Director (use title of official, not name) shall be the Employer's MERS
Benefit Program Defined Contribution Plan coordinator; shall receive necessary reports,
notices, etc., from the third-party administrator or its retirement trust; shall cast, on behalf
of the Employer, any required votes under the retirement trust; may delegate any
administrative duties relating to the defined contribution plan to appropriate departments.
(E) The Municipal Employees' Retirement Board retains full and unrestricted authority over
the administration of MERS Benefit Program Defined Contribution, including but not
limited to the appointment and termination of the third-party administrator, or MERS' self-
administration of the defined contribution program in whole or in part.
IV. EFFECTIVENESS OF THIS REVISED RESOLUTION
BE IT FINALLY RESOLVED: This Resolution shall have no legal effect under the MERS
Plan Document until a certified copy of this adopting Resolution shall be filed with MERS, and MERS
determines that all necessary requirements under Plan Document Section 19A, the 200 I Alliance
Agreement, the Adoption Agreement, and this Resolution have been met. All dates for implementation
of Benefit Program DC under Section 19A shall be determined by MERS from the date of filing with
MERS of this Revised Resolution in proper form and content. Upon MERS determination that all
necessary documents have been submitted to MERS, MERS shall record its formal approval upon this
Resolution, and return a copy to the Employer's defined contribution plan coordinator identified in
Section III (D) above.
In the event an amendatory Resolution or other action by the municipality is required, such
Resolution or action shall be deemed effective as of the date of the initial Resolution or action where
concurred in by this governing body and MERS (and the third-party administrator if necessary).
Section 54 of the Plan Document shall apply to this Resolution and all acts performed under its
authority. The terms and conditions of this Revised Resolution supersede and stand in place of any
prior resolution, and its terms are controlling.
t the official meeting held
on September 12 , 20Q.L.
Please send MERS fully executed copy of: this Revise eso ution; Part II (Administrative
Services Agreement) of the 2001 Alliance Agreement; Adoption Agreement with Declaration of
Trust and certified minutes stating governing body approval, and/or union contract language.
Received and Approved by the Municipal Employees' Retirement System of Michigan
Dated: ---------------- 2006
(Authorized MERS signatory)
Att.
MERS DC Adoption Resolution 11/14/01 Page 6 of 6 pages
•,
2006-74(1)
MERS UNIFORM DEFINED CONTRIBUTION PROGRAM
ADOPTION AGREEMENT
The Employer, a participating municipality or participating court within the State of Michigan
that has adopted MERS coverage, hereby establishes a Section 19A, Benefit Program DC to
beknownas Police Patrol DC Retirement Plan
(the "MERS Plan") in the form of the ICMA Retirement Corpomtion Govermnental Money
Purchase Plan and Trust and attached Declamtion of Trust of VantageTrust, as amended and
as authorized by Section 19A of the Municipal Employees' Retirement System of Michigan
Plan Document
L EMPLOYER: City of Muskegon
(Name of municipality or court)
IL The Effective Date of the Benefit Program DC shall be the first day of the Plan Year
during which the Employer adopts the Plan, unless an alternate Effective Date is
hereby specified: July 28, 2006
IIL Normal Retirement Age shall be age 51 (nottoexceedage65). Effective 12/31/06
Age 53 prior to that
date
IV. ELIGIBILITY REQUIREMENTS
1. The following group or groups of Employees are eligible to participate in the
Program:
Members of Police Patrol Bargaining Unit
(SpecifY employee classification and division numbers)
2. Only those Employees eligible for MERS Membership (Section 3 of the
MERS Plan) shall be eligible to participate. (A copy of ALL employee
enrollment forms must be submitted to MERS as well as ICMA.)
V. CONTRIBUTION PROVISIONS
1. The Employer shall contribute on behalf of each Participant 1 0 % of
Earnings or$ N /A for the Plan Year (subject to the limitations of
sections 415(c) and (e) of the Internal Revenue Code). Each Participant is
required to contribute 6 % of Earnings for the Plan Year as a condition
of participation in the Plan. (Write "0" if no contribution is required.)
MERS Benefit Program DC Adoption Agreement I
2/27/04
Attachment 2
Years of Specified
Service Vesting
Completed Requirements
Zero 0 %
One zo %
Two 40 %
Three 60 %
Four !lQ %
Five 100 %
Six %
Seven or more 100 %
·VIII. Loans are pennitted under the Program:
0 Yes [[) No
IX. The Plan will accept an eligible rollover distribution from an eligible retirement plan
described in Section 401(a)(including "40I(k)") or 403(a) of the Code, an annuity
contract described in Section 403(b) of the Code, an eligible deferred compensation
plan described in Section 457(b) of the Code maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political
subdivision of a state, or an individual retirement account or annuity described in
Section 408(a) or 408(b) of the Code, including after-tax employee contributions, as
applicable.
Yes D No
X. The Employer hereby agrees to the provisiOns of the MERS Uniform Defined
Contribution Program and agrees that in the event of any conflict between Section
19A and the MERS Plan, the provisions of Section 19A shall control.
XI. The Employer hereby appoints the ICMA Retirement Corporation as the Plan
Administrator pursuant to the terms and conditions of the Plan.
The Employer hereby agrees to the provisions of the Plan.
XII. The Employer hereby acknowledges it understands that failure to properly fill out this
Adoption Agreement may result in the ineligibility of the Plan in the Benefit Program
DC.
MERS Benefit Program DC Adoplion Agreement 3
2127104
In Wit~ss Whereof, the Employer hereby causes this Agreement to be executed on this
12 t day of September 20 0 6 .
Employer:
By:
Title:
Attest:
Linda Potter
MERS Benefil Program DC Adoplion Agreemenl 4
2127/04
..
Appendix A
DECLARATION OF TRUST
This Declaration of Trust (the "Group Trust Agreement") is made as of the 19th day of
May 2001, by Vantage Trust Company, which declares itself to be the sole Trustee of the
trust hereby created.
WHEREAS, the ICMA Retirement Trust was created as a vehicle for the
commingling of the assets of governmental plans and governmental units described in Section
818(a)(6) of the Internal Revenue Code of 1986, as amended, pursuant to a Declaration of
Trust dated October 4, 1982, as subsequently amended, a copy of which is attached hereto and
incorporated by reference as set out below (the "ICMA Declaration"); and
WHEREAS, the trust created hereunder (the "Group Trust") is intended to meet the
requirements of Revenue Ruling 81-100, 1981-1 C.B. 326, and is established as a common
trust fund within the meaning of Section 391: I of Title 35 of the New Hampshire Revised
Statutes Annotated, to accept and hold for investment purposes the assets of the Deferred
Compensation and Qualified Plans held by and through the ICMA Retirement Trust.
NOW, THEREFORE, the Group Trust is created by the execution of this Declaration
of Trust by the Trustee and is established with respect to each Deferred Compensation and
Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement
Trust, by the Trustees thereof, in accord with the following provisions:
l. Incorporation of ICMA Declaration by Reference; ICMA By-Laws. Except as
otherwise provided in this Group Trust Agreement, and to the extent not inconsistent
herewith, all provisions of the ICMA Declaration are incorporated herein by reference
and made a part hereof, to be read by substituting the Group Trust for the Retirement
Trust and the Trustee for the Board of Trustees referenced therein. In this respect,
unless the context clearly indicates otherwise, all capitalized terms used herein and
defined in the ICMA Declaration have the meanings assigned to them in the ICMA
Declaration. In addition, the By-Laws of the ICMA Retirement Trust, as the same
may be amended from time-to-time, are adopted as the By-Laws of the Group Trust to
the extent not inconsistent with the terms of this Group Trust Agreement.
Notwithstanding the foregoing, the terms of the ICMA Declaration and By-Laws are
further modified with respect to the Group Trust created hereunder, as follows:
(a) any reporting, distribution, or other obligation of the Group Trust vis-a-vis any
Deferred Compensation Plan, Qualified Plan, Public Employer, Public Employer
Trustee, or Employer Trust shaH be deemed satisfied to the extent that such
MERS Benefit Program DC Adoption Agreement 5
2127/04
,.
obligation is undertaken by the ICMA Retirement Trust (in which case the
obligation of the Group Trust shall run to the ICMA Retirement Trust); and
(b) all provisions dealing with the number, qualification, election, term and
nomination of Trustees shall not apply, and all other provisions relating to trustees
(including, but not limited to, resignation and removal) shall be interpreted in a
manner consistent with the appointment of a single corporate trustee.
2. Compliance with Revenue Procedure 81-100. The requirements of Revenue
Procedure 81-100 are applicable to the Group Trust as follows:
(a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-
Laws, investment in the Group Trust is limited to assets of Deferred
Compensation and Qualified Plans, investing through the ICMA Retirement
Trust.
(b) Pursuant to the By-Laws, the Group Trust is adopted as a part of each
Qualified Plan that invests herein through the I CMA Retirement Trust.
(c) In accord with the By-Laws, that part of the Group Trust's corpus or income
which equitably belongs to any Deferred Compensation and Qualified Plan
may not be used for or diverted to any purposes other than for the exclusive
benefit of the Plan's employees or their beneficiaries who are entitled to
benefits under such Plan.
(d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan
may assign any or part of its equity or interest in the Group Trust, and any
purported assignment of such equity or interest shall be void.
3. Governing Law. Except as otherwise required by federal, state or local law, this
Declaration of Trust (including the ICMA Declaration to the extent incorporated
herein) and the Group Trust created hereunder shall be construed and determined in
accordance with applicable laws of the State of New Hampshire.
4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in
the appropriate state or federal courts within or outside the state ofNew Hampshire for
the settlement of its accounts or for the determination of any question of construction
which may arise or for instructions.
MERS Benefit Program DC Adoption Agreement 6
2127/04
•
IN WITNESS WHEREOF, the Trustee has executed this Declaration of Trust as of the day
and year first above written.
VANTAGETRUST COMPANY
By:
Name: Paul F. Gallagher
Title: Assistant Secretary
MERS Benefit Program DC Adoption Agreement 7
2127104
Commission Meeting Date: September 12, 2006
Date: August 29, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJOC-
RE: Public Hearing - Request to issue an Obsolete Property
Certificate - 1133 Third Street
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, DAT Holdings LLC,
16012 Baird Drive, Spring Lake Ml, has requested the issuance of an Obsolete
Property Certificate for the property located at 1133 Third Street, Muskegon, MI.
Total capital investment for this project is $175,000. The project consists of
converting the building into a restaurant. Because of the amount of investment, the
applicant is eligible for a 9 year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for
the duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval.
COMMITTEE RECOMMENDATION:
None
r
'I
f MIChigan Department or Treasury
3674 (Rev. 6·05)
Application for Obsolete Property Rehabilitation Exemption Certificate
This form is issued as provided by P.A. 146 of 2000. This application should be filed after the district is established. This project will not receive tax
benefits until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current year. This
application is subject to audit by the Stale Tax Commission.
INSTRUCTIONS: File the original and two copies of this form and the required attachments with the clerk of the local government unit. (The
State Tax Commission requires two copies of the Application and attachments. The original is retained by the clerk.) Please see State Tax
Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The following must be provided
to the local government unit as attachments to this application: (a) General description of the obsolete facility (year built, original use, most
recent use, number of stories, square footage}; (b }General description of the proposed use of the rehabilitated facility, (c) Description of the
general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the
rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic
advantages expected from the exemption.
City,
School District where facility is located (1nclude school code)
/ OlD
Number of years exemption requested
\''l yvs"-------J~L<..<'L-fil"t'~--{-'-1'~·---':c"A~r--n
B Increase Commercial activity 0, Retain employment J..23:_Revitalize urban areas
0 Create employment 1-l Prevent a toss of employment
~J
r-J.- Increase number of residents in the
~community in which the facility is situated
Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected construction employment! tJ}
rn
Each year, the State Treasurer may approve 25 additional reductions of half the school operatmg and stale ed.Jcat1on taxes for a period not to exceed six years. Check the
following bOX if you WISh \0 be considered for thiS BXCIUSIOn.
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is being
submitted. Further, the undersigned is aware that, if any statement or information provided is untrue, the exemption provided by P.A. 146 of 2000 may
be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the exemption
certificate.
1t is further certified that the undersigned is familiar with the provisions of PA 146 of 2000, of the Michigan Compiled Laws; and to the best of hislher
knowledge and belief. (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the Stale Tax Commission.
Narn
'·•
LOCAL GOVERNMENT UNIT CLERK CER IFICATION
Clerk must also complete Parts 1, 2 and 4 on Page 2. Part 3 to be completed by the assessor_
·~~~---.~-0-,-e-a_p_pl-ic-at-io_o_c_oc_e_i,-e-d-~·
Signature
FOR STATE TAX COMMIS..,S,IO,.,N"-U,"S,..E,___ _ _ _ _ _ _,_ _ _ _,
t""''o" Numbe' ]Date Rece,ed
-----
Application for Obsolete Property Rehabilitation Exemption Certificate
1133 3rd St.
a) Prope1iy 1133 3'd St. built in 187011880? 2 stories with basement approximately
4000 sq ft each Original use-- unknown Use today-- apartments on the upper floor,
Y. commercial rental main floor and % unused for the past 12 years.
b) Proposed use ---Bakery/restaurant 100%
c) Return the facade to original look, new heating and cooling, new electrical, new water
service, insulation, new windows, floors, interior walls, ceilings and doors.
d) New boiler and piping for heating and cooling. New electrical service for main floor.
New doors, windows and insulation. New flooring, drywall, ceilings and light fixtures.
New ovens , cook tops, refrigeration units, freezers, exhaust hoods and vents. Handicap
bathrooms. New signs.
e) Timeline to completion ---12 to 18 months
f) The new business will add employment to the neighborhood, improve the aesthetics
and increase activity to the 3'd St. area, hopefully stimulating more business to come back
to the downtown area.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUT!ONNO. 2006-75(a)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by DA T Holdings LLC.
The City Commission of the City of Muskegon hereby RESOL YES:
Recitals
A. The City Commission has received an Application for an Obsolete Prope11y
Rehabilitation Exemption Ce11ificate from DA T Holdings LLC, to apply to the
improvements located in an Obsolete Property Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local governmental unit as dete1mined by STC
Bulletin No.9 of2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located
was established after hearing on October 9, 2002, being the same date that the district
was established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is detennined that the said taxable values do exceed five percent (5%), the
City Commission detennines further that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on Februmy 25, 2003,
after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was
held on this date.
G. The applicant, DA T Holdings LLC, is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for nine (9) years.
I. The City Commission finds that the property for which the Obsolete Prope11y
Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application fonn, being the general description of the obsolete facility, a
general description of the proposed use, a description of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
be part of the rehabilitated facility, a time schedule for undertaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment ofthe
district.
K. The application relates to a rehabilitation program that when completed will constitute a
rehabilitated within the meaning of PA 146 of2000 and will be situated within the
Obsolete Property Rehabilitation District established by the City under PA 146 of2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Certificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (1 0%) of the true cash value of the
propetiy at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twelve (12) months to
complete the rehabilitation. It shall be completed by September 12, 2007, or one year
after the Cetiificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City ofMuskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
I. Based upon the statements set fotih in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by DA T Holdings LLC for
an Obsolete Property Rehabilitation Exemption Cetiificate, to be effective for a penod of
nine (9) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property
described as: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 367
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditions set forth in the recitals above and in
the application material submitted to the City.
This resolution passed.
Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays: _N_a~y_s_________________________________________________________
CITY OF MUSKEGON
By ~ ltttu
Linda Potter, Acting City Clerk
2
2006-75(a)
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on September 12, 2006.
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 dtmr(b. ~
Linda Potter, Acting City Clerk
3
Commission Meeting Date: September 12, 2006
Date: August 291 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJOC--
RE: Public Hearing • Request to issue an Obsolete Property
Certificate -1133 Third Street
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, DAT Holdings LLC,
16012 Baird Drive, Spring Lake Ml, has requested the issuance of an Obsolete
Property Certificate for the property located at 1133 Third Street, Muskegon, MI.
Total capital investment for this project is $175,000. The project consists of
converting the building into a restaurant. Because of the amount of investment, the
applicant is eligible for a 9 year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for
the duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval.
COMMITTEE RECOMMENDATION:
None
i''
j
,tl
Mch1gan Department of Treasury
3674 (Rev. 6-05)
Application for Obsolete Property Rehabilitation Exemption Certificate
This form is issued as provided by P.A. 146 of 2000. This application should be filed after the district is established. This project will not receive tax
benefils until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current year. This
application is subject to audit by the State Tax Commission.
INSTRUCTIONS: File the original and two copies of this form and the required attachments with the clerk of the local government unit. (The
State Tax Commission requires two copies of the Application and attachments. The original is retained by the clerk.) Please see State Tax
Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The following must be provided
to the local government unit as attachments to this application: (a) General description of the obsolete facility (year built, original use, most
recent use, number of stories, square footage); (b)General description of the proposed use of the rehabilitated facility, (c) Description of the
general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building equipment that will be a part of the
rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic
advantages expected from the exemption.
. ·"
School District where racility is located {mclude school code)
, /D
Number of years exemption requested
Expected
vr
0 Increase Commercial activl!y 0 Retain employment [23:.Revita!ize urban areas
r::>J" Create employment r-l Prevent a: ross of employment r-J.. Increase number of residents in the
LC.J- ~ l&. community in which the facility is situated
Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected construction employment.'. tf}
Each year. the State Treasurer may approve 25 additional reductions of half the school operating and state edJcalton taxes for a period not to exceed six yean•. Check the
following box 1f you w1sh to be cons1dered for this exdus1on.
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that. to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is being
submitted. Further, the undersigned is aware that, if any statement or information provided is untrue. the exemption provided by P.A. 146 of 2000 may
be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the exemption
certificate.
It is further certified that the undersigned is familiar with the provisions of PA 146 of 2000, of the Michigan Compiled Laws: and to the best of his/her
knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax Commission.
Email A9dres.s : j .1
f::---'-~~-'-----"""-"':..:..:...::_:_~+~-='-J"-'--!..'"*~2!..::"'-1---'-)!.-'ry-'-,·~"/u'fc_o'l~_d t-v D l"l c{r' <-
Signature , Ttlle
'·• - '
LOCAL GOVERNMENT UNIT CLERK CER IFICATION
Clerk must also complete Parts 1, 2 and 4 on Page 2. Part 3 to be completed by the assessor.
Signature I D'te opphcehon cec,ved
FOR STATE TAX COMMISSION USE
Application for Obsolete Property Rehabilitation Exemption Certificate
1133 3rd St.
a) Property 1133 3'd St. built in 1870/1880? 2 stories with basement approximately
4000 sq ft each Original use-- unknown Use today-- apartments on the upper floor,
Y. commercial rental main floor and% unused for the past 12 years.
b) Proposed use--- Bakery/restaurant 100%
c) Return the facade to original look, new heating and cooling, new electrical, new water
service, insulation, new windows, floors, interior walls, ceilings and doors.
d) New boiler and piping for heating and cooling. New electrical service for main floor.
New doors, windows and insulation. New flooring , drywall, ceilings and light fixtures.
New ovens , cook tops, refrigeration units, freezers, exhaust hoods and vents. Handicap
bathrooms. New signs.
e) Time line to completion ---12 to 18 months
f) The new business will add employment to the neighborhood, improve the aesthetics
and increase activity to the 3'd St. area, hopefully stimulating more business to come back
to the downtown area.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTIONNO. 2006-75(a)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by DAT Holdings LLC.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property
Rehabilitation Exemption Certificate from DA T Holdings LLC, to apply to the
improvements located in an Obsolete Property Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local governmental unit as detennined by STC
Bulletin No. 9 of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located
was established after hearing on October 9, 2002, being the same date that the district
was established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under P A 146 of 2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the
City Commission detennines fmther that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on Februmy 25, 2003,
after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was
held on this date.
G. The applicant, DA T Holdings LLC, is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for nine (9) years.
I. The City Commission finds that the property for which the Obsolete Property
Rehabilitation Exemption Certificate is sought is obsolete property within the meaning of
Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application fonn, being the general description of the obsolete facility, a
general description of the proposed use, a desctiption of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
be part of the rehabilitated facility, a time schedule for unde1iaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment ofthe
di strict.
K. The application relates to a rehabilitation program that when completed wi ll constitute a
rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
Obsolete Prope1iy Rehabilitation DistJict established by the City under P A 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Certificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (1 0%) of the true cash value of the
prope1iy at the commencement of the rehabilitation.
M. The City Commi ssion detennines that the applicant shall have twelve ( 12) months to
complete the rehabilitation. It shall be completed by September 12, 2007, or one year
after the Certificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City of Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
I. Based upon the statements set forth in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by DAT Holdings LLC for
an Obsolete Prope1ty Rehabilitation Exemption Certificate, to be effective for a pen od of
nine (9) years;
2. BE IT FURTHER RESOL YEO, that thi s resolution of approval relates to the prope1iy
described as: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLK 367
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditi ons set forth in the recitals above and in
the appli cation mate1ial submitted to the City.
This reso luti on passed.
Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays: Nays
--~-------------------------------------------------------
CITY OF MUSKEGON
By ~~
Linda Potter, Acting City Clerk
2
2006-75(a)
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on September 12, 2006.
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 ctinda ~
Linda Potter, Acting City Clerk
3
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: September 12, 2006
RE: Public Hearing
Spreading of the Special Assessment Roll
Benton & Williams Sts., Chestnut St. to Catawba Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Benton & Williams Sts.
from Chestnut St. to Catawba Ave., and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of$32,272.55 would be spread against the sixteen- (16) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2006-7 5 (b)
Resolution Confirming Special Assessment Roll
For Benton & Williams Sts. From Chestnut St. to Catawba Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 14, 2006, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (1 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Benton & Williams Sts., Chestnut St. to Catawba Ave.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: ____G_a_w_r_o_n__;,_S_h_e_p,__h_e_r_d....:.,_S_.p~a_t_a_r___;_o_,_,----'-'W-'-a=r-=mc...:i:....::n.::...;g.._t=--o=-.:n:..=...<.-,---'-'-W-=i-=e-=r--=e=n=-=g'--'o"'"",.__
Carter, and Davis
Nays: _ _ _c...:N~o~n'-=e---'-------------------------
City of Muskegon
By ~~
Linda Potter, Acting Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on September 12, 2006.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 12, 2006.
City of Muskegon
By ----'d
. <:.J,.,~
~'---""'-~~&tz
~~~--
Linda Potter, Acting ·clerk
EXHIBIT A
Benton Ave. & Williams St. from Chestnut St. to Catawba Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Benton Ave. & Williams St. from Chestnut St. to
Catawba Ave.
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-11
BENTON & WILLIAMS STS., CHESTNUT ST. TO CATAWBA AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1584 ,Benton Ave. & Williams St., Chestnut St. To Catawba Ave.
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 31th DAY OF AUGUST 2006
~ dt&<
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND ~~RE ME THIS
~ .;l.. DAY OF , 2006.
~ ~ 'rn . fiRM- l~e-w 10 L
NOTAR PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES O"S - 16- ;).1) I ~
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
PARK ST., LAKETON AVE. TO SOUTHERN AVE.
AND
BENTON & WILLIAMS STS., CHESTNUT ST. TO CATAWBA AVE.
The locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Park St. from Laketon Ave. to Southern Ave.
And
All parcels abutting Benton & Williams Sts. from Chestnut St. to Catawba Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on September 12, 2006 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that has been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLLS IS CONFIRMED, YOU WILL HAVE TillRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLLS TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT TillS HEARING OR DID SO AT THE
PREVIOUS HEARING ON TillS SPECIAL ASSESSMENT DISTRICTS EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICillGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of this hearing is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Linda Potter, Acting City Clerk
Publish: SEPTEMBER 2, 2006
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:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-60447-5267
H 1584 HEARING DATE SEPTEMBER 12, 2006
BENTON ST. & WILLIAMS ST.,CHESTNUT ST. TO CATAWBA
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-771-000-0025-0 479 CATAWBA AVE SHERMAN FREDERIC 1239 PECK ST. MUSKEGON Ml 49441 $881.88 $0.00 $881.88
24-771-000-0024-1 1282 WILLIAMS ST ERICKSON RUTHANN 1282 WILLIAMS ST MUSKEGON Ml 49442 $830.00 $905.47 $1,735.47
24-771-000-0030-0 1294 WILLIAMS ST CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443-0 $1,618.50 $0.00 $1,618.50
24-771-000-0032-0 1302 WILLIAMS ST JEWETT NEVA J 1302 WILLIAMS ST MUSKEGON Ml 49442 $809.25 $554.02 $1,363.27
24-771-000-0033-0 1308 WILLIAMS ST CHAPMAN EDGAR JR POBOX1121 MUSKEGON Ml 49443 $809.25 $554.02 $1,363.27
24-771-000-0041-0 482 BENTON AVE MUSKEGON CONSTR POBOX477 MUSKEGON Ml 49443 $1,296.88 $0.00 $1,296.88
24-771-000-0039-0 494 BENTON AVE CHAPMAN EDGAR 2011 6TH ST MUSKEGON Ml 49444-1 $1,826.00 $0.00 $1,826.00
24-771-000-0037-0 504 BENTON AVE HICKS JAMES SR/LILLI 504 BENTON AVE MUSKEGON Ml 49442 $1,826.00 $627.34 $2,453.34
24-771-000-0034-1 1331 CHESTNUT ST WILSON JOHN L 1331 CHESTNUT ST MUSKEGON Ml 49442 $1,369.50 $439.37 $1,808.87
24-771-000-0057-0 463 CATAWBA AVE HAVERMANS THEOD 1167 PECK ST MUSKEGON Ml 49441 $1,374.69 $724.46 $2,099.15
24-771-000-0064-0 1311 WILLIAMS ST MUSKEGON CONSTR PO BOX477 MUSKEGON Ml 49443 $6,431.46 1,004.03 $7,435.49
24-771-000-0049-0 1389 KENNETH ST WORKMAN JOHN J/CA 2044 WESTLAKE ROA TWIN LAKE Ml 49457 $3,305.48 $0.00 $3,305.48
24-771-000-0048-0 503 BENTON AVE GUSTIN KENNETH J 503 BENTON AVE MUSKEGON Ml 49442 $913.00 $0.00 $913.00
24-771-000-0047-0 505 BENTON AVE BAKER FRANKLIN Ill 737 W HACKLEY AVE MUSKEGON Ml 49441 $913.00 $0.00 $913.00
24-771-000-0046-0 511 BENTON AVE EDWARDS VIOLA 511 BENTON AVE MUSKEGON Ml 49442 $913.00 $327.71 $1,240.71
24-771-000-0043-0 1345 CHESTNUT ST CROWLEY ROBASTIN 1345 CHESTNUT ST MUSKEGON Ml 49442 $1,369.50 $648.75 $2,018.25
9/13/2006
Page 1 of 2
H 1584 HEARING DATE SEPTEMBER 12, 2006
BENTON ST. & WILLIAMS ST.,CHESTNUT ST. TO CATAWBA
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING I SW TOTAL
TOTALS ... -- - $26,487 .38 $5,785.17 $32,272.55
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~~ V~ lFil LM~t·tl q · 2 5' - a G
LARRY MILLARD, DIRECTOR,COUNTY EQUALIZATIO DATE
&
CHRIS CARTE~
~-LJ.
CITY COMM ISSIONER
9-/j-Ob
DATE
c; ~;s -o-6
DATE
9/13/2006
Page 2 of 2
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: September 12, 2006
RE: Public Hearing
Spreading of the Special Assessment Roll
Park St.,Laketon Ave. to Southern Ave.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Park St. from Laketon
Ave. to Southern Ave., and to adopt the attached resolution confirming the special assessment
roll.
FINANCIAL IMPACT:
A total of$78,723.20 would be spread against the thirty-three- (33) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2006-75(c)
Resolution Confirming Special Assessment Roll
For Park St. from Laketon Ave. to Southern Ave.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 14,2006, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR Park St., Laketon Ave. to Southern Ave.
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington 1 Wierenga 1 Carter,
Davis, and Gawron
Nays: None
City of Muskegon
By ~ ;&/u
Linda Potter, Acting Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on September 12, 2006.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being September 12, 2006.
City ofMuskegon
By ~ l1tlu
Linda Potter, Acting Clerk
EXHIBIT A
Park St. from Laketon Ave. to Southern Ave.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Park St. from Laketon Ave. to Southern Ave.
tsQl
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I
PARK ST., LAKETON AVE. TO SOUTHERN AVE.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR THE
FOLLOWING:
H-1610 ,Park St., Lal(eton Ave. to Southern Ave.
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 DISTRI CT 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 31th DAY OF AUG UST 2006
~~
LINDA POTTER, ACTING CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME TH IS
d..~ DAYOF ~ ,2006.
~ ~ ~. Kr&~.,k
NOTAR PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES OS - I S- d....-0 I d.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
WILLIAMS ST. & BENTON AVE., CHESTNUT ST. TO CATAWBA AVE.
AND
PARK ST., LAKETON AVE. TO SOUTHERN AVE.
The locations of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting Williams St & Benton Ave. from Chestnut St. to Catawba Ave
And
All parcels abutting Park St. from Laketon Ave. to Southern Ave.
PLEASE TAKE NOTICE that a hearing to confirm the special assessment rolls will be held at the City of
Muskegon Commission Chambers on September 12, 2006 at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
special assessment rolls that has been prepared and submitted for the purpose of said hearing and for
examination by those persons to be assessed. The special assessment rolls are on file and may be
examined during regular business hours at the City Engineer's office between 8:00a.m. and 5:00p.m. on
weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLLS IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLLS TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICTS EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The purpose
of this hearing is to hear objections to the assessment rolls and to approve, reject, or correct the said rolls.
Linda Potter, Acting City Clerk
Publish: SEPTEMBER 2, 2006
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:
Linda Potter, Acting City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-60447-5267
H 1610 HEARING DATE SEPTEMBER 12, 2006
PARK ST.,LAKETON AVE. TO SOUTHERN AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-438-0015-0 497 W FOREST AVE CITY OF MUSKEGON 933 TERRACE ST P 0 MUSKEGON Ml 49443-0 $6,080.00 $0.00 $6,080.00
24-205-438-0009-1 1717 PARK ST CROW DEVELOPMEN 1756 LAKESHORE DR MUSKEGON Ml 49441 $8,032.00 $0.00 $8,032.00
24-205-438-0010-0 1699 PARKST CROW DEVELOPMEN 1756 LAKESHORE DR MUSKEGON Ml 49441 $608.00 $0.00 $608.00
24-205-438-0009-0 1689 PARKST CROW DEVELOPMEN 1756 LAKESHORE DR MUSKEGON Ml 49441 $480.00 $0.00 $480.00
24-205-438-0008-0 1679 PARKST TUMBLIN SHAWANDA 1679 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0007-0 1671 PARKST TICE KENNETH D 1671 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0006-0 1663 PARKST VETTER JEFF C 1663PARKST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0005-0 1657 PARKST LOGAN ANGELA 1657 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0004-0 1649 PARK ST GERMAN MARK L 1649 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0003-0 1641 PARK ST LEEBALL MARK/JOAN 1633 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0002-0 1633 PARK ST LEEBALL MARK T 1633 PARKST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-438-0001-1 1625 PARKST BALOGH STEPHEN 3043 N WORDEN RD MUSKEGON Ml 49445 $1,600.00 $0.00 $1,600.00
24-205-430-0010-0 1605 PARKST RIVER CITY HOUSING 599 GRAND WOODS GRAND RAPID Ml 49525 $1,600.00 $0.00 $1,600.00
24-205-430-0011-1 1601 PARK ST REDDER MARSHALL 3960 30TH ST SW GRANDVILLE Ml 49418 $800.00 $0.00 $800.00
24-205-430-0011-0 1597 PARK ST LAKETOWN INVESTM PO BOX 74 BYRON CENTEMI 49315 $800.00 $0.00 $800.00
24-205-430-0012-0 1589 PARKST CITY OF MUSKEGON PO BOX 536 MUSKEGON Ml 49443-0 $1,600.00 $0.00 $1,600.00
24-205-430-0013-0 1583 PARK ST BARAJAS MARIA 1583 PARK ST MUSKEGON Ml 49441 $1,536.00 $0.00 $1,536.00
24-205-430-0014-0 1575 PARK ST BROOKS RENTAL PR 12603 VAN WAGONE GRANT Ml 49327 $1,600.00 $0.00 $1,600.00
9/13/2006
Page 1 of 3
H 1610 HEARING DATE SEPTEMBER 12, 2006
PARK ST.,LAKETON AVE. TO SOUTHERN AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-430-0015-0 1567 PARK ST STAGE JOSEPH R 1567 PARK ST MUSKEGON Ml 49441 $1,600.00 $0.00 $1,600.00
24-205-430-0001-1 447 W SOUTHERN AVE SCHWARTZ ROBBY P/ 12891 OAK CREST LN GRAND HAVENMI 49417 $1,600.00 $0.00 $1,600.00
24-205-460-0004-0 410 W LAKETON AVE CITY OF MUSKEGON PO BOX 536 MUSKEGON Ml 49443-0 $4,678.40 $0.00 $4,678.40
24-205-460-0003-0 400 W LAKETON AVE MUSKEGON RESCUE 1691 PECK ST MUSKEGON Ml 49441 $2,082.56 $0.00 $2,082.56
24-205-460-0002-0 1767 PARK ST CITY OF MUSKEGON 933 TERRACE ST P MUSKEGON Ml 49443-0 $2,583.04 $0.00 $2,583.04
24-205-450-0001-5 1747 7TH ST VANSLOOTEN TREE 1713 7TH ST MUSKEGON Ml 49441 $2,519.36 $0.00 $2,519.36
24-205-450-0001-0 1713 7TH ST VANSLOOTEN TREE 1713 7TH ST MUSKEGON Ml 49441 $9,704.64 $0.00 $9,704.64
24-205-439-0007-0 1670 PARK ST HENDRIE WILLIAM LIC 1670 PARK ST MUSKEGON Ml 49441 $1,595.20 $0.00 $1,595.20
24-205-439-0006-0 1662 PARK ST HENDERSON DEBRA 1662 PARK ST MUSKEGON Ml 49441 $1,595.20 $0.00 $1,595.20
24-205-439-0005-0 1656 PARK ST REDDER MARSHALL 3960 30TH ST SW GRANDVILLE Ml 49418 $1,595.20 $0.00 $1,595.20
24-205-439-0004-0 1648 PARK ST CHERRY RICKY D/MEL 280 OTTAWA AVE MUSKEGON Ml 49442 $1,595.20 $0.00 $1,595.20
24-205-439-0003-0 1638 PARK ST FEDERAL HOME LOA 8250 JONES BRANCH MC LEAN VA 22102 $1,595.20 $0.00 $1,595.20
24-205-439-0001-0 421 W FOREST AVE JPMORGAN CHASE B 4708 MERCANTILE D FORT WORTH TX 76137 $1,595.20 $0.00 $1,595.20
24-205-429-0001-0 1580 PARK ST MUSKEGON PUBLICS 349 W WEBSTER AVE MUSKEGON Ml 49440 $0.00 $0.00 $0.00
24-205-451-0001-0 1700 MESSLER ST BRUNSWICK CORP 525 W LAKETON AVE MUSKEGON Ml 49441 $8,448.00 $0.00 $8,448.00
9/13/2006
Page 2 of 3
H 161 Q HEARING DATE , 2005
PARK ST.,LAKETON AVE. TO SOUTHERN AVE.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING I SW TOTAL
TOTALS - $78,723.20 $0.00 $78,723.20
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
~
:=D~ J~ Cr"" L"""\ q · 25 - v 6
LARRY MI LLARD, DIRECTOR,COUNTY EQUALIZATIO DATE
7 -~ /0 9-/.S-00
~TA DATE
9-/3-()0
DATE
9/ 13/2006
Page 3 of 3
Date: September 12, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: 2007 Budget Adoption
SUMMARY OF REQUEST: This is the time set for a public hearing on the City's
proposed budget for the year 2007. The proposed budget has been made available
for public inspection at City Hall, Hackley Public Library and the City's website
(www.shorelinecitv.com). After hearing public comments, the City Commission may
take action to adopt the 2007 budget with whatever changes or adjustments it deems
necessary. In any event, City Charter requires the budget be adopted no later than
September 25, 2006.
FINANCIAL IMPACT: The budget sets forth the priorities and overall financial
plan for operations in the year 2007. As proposed, the budget includes no property
tax increase.
BUDGET ACTION REQUIRED: Adoption of the attached budget resolution
provides the legal appropriation authority necessary for City departments to conduct
operations in 2007.
STAFF RECOMMENDATION: After receiving comments, close the public
hearing and approve the proposed 2007 City of Muskegon Budget resolution that is
attached. Also, approval of the 3rd Quarter 2006 Budget Reforecast as shown in the
Budget Book is recommended at this time.
COMMITIEE RECOMMENDATION: The Committee of the Whole will review
the budget at their September 11th work session.
CITY OF MUSKEGON
RESOLUTION OF APPROPRIATION
2007 BUDGET
2006-75(d)
WHEREAS, the City Manager has submitted a proposed Budget for 2007 in accordance
with the City Charter and Michigan Public Act 621 of 1978 known as the "Uniform Budgeting and
Accounting Act"; and,
WHEREAS, the 2007 proposed Budget has been reviewed by the City Commission
following a public hearing for which due notice was given; NOW, THEREFORE, BE IT RESOLVED
that the Budget for the City of Muskegon for the fiscal year beginning January 1, 2007 is hereby
determined and adopted as follows:
GENERAL FUND
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
101-10101 City Commission 86,156
101-10102 City Promotions & Public Relations 8,729
101-10145 City Attorney 402,695
101-10172 City Manager 218,617
101-10875 Contributions to Outside Agencies 177,294
101-10891 Contingency and Bad Debt Expense 400,000
101-20173 Administration 172,692
101-20215 City Clerk & Elections 332,100
101-20220 Civil Service 184,068
101-20228 Affirmative Action 98,681
101-30202 Finance Administration 421,292
101-30205 Income Tax Administration 358,668
101-30209 Assessing Services 427,490
101-30805 Arena Administration 175,300
101-30248 Information Systems Administration 349,989
101-30253 City Treasurer 346,522
101-30851 Insurance Premiums 347,304
101-30906 Debt Retirement 261,194
101-30999 Transfers to Other Funds 808,046
101-40301 Police 8,470,172
101-50336 Fire 3,759,363
101-50387 Fire Safety Inspections 1,014.248
101-60265 City Hall Maintenance 256,988
101-60446 Community Event Support 34,750
101-60448 Streetlighting 572,325
101-60523 Sanitation 1,664,506
101-60528 Recycling 163,368
101-60550 Stormwater Management 16,991
101-60770 Senior Citizen Transit 54,306
101-70276 Cemeteries Maintenance 547,563
101-70585 Parking Operations 7,500
101-70751 Parks Maintenance 1,232,919
101-70357 Graffiti Removal 4,792
101-70757 McGraft Park Maintenance 54,306
101-70775 General Recreation 296,703
101-70863 Farmers' Market and Flea Market 37,826
101-80387 Environmental Services 353,251
101-80400 Planning, Zoning and Economic Development 460,865
101-90000 Major Capital Improvements 0
Grand Total General Fund Appropriations $24 sa27aii
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunk lines 5,000,591
203 Local Streets 2,766,437
264 Criminal Forfeitures 63,000
285 Tree Replacement 3,200
BE IT FURTHER RESOLVED that the revenues and other financing sources (including use of
prior year balances) for Fiscal Year 2007 are estimated as follows:
GENERAL FUND
FUND/ACTIVITY NAME AMOUNT
Taxes $ 14,794,300
Licenses and Permits 1,015,000
Federal Grants 88,325
State Grants 18,000
State Shared Revenue 4,628,616
Charges for Sales & Services 2,207,373
Interest & Rentals 468,900
Fines & Fees 592,000
Other Revenue 234,750
Other Financing Sources 255,000
Use of Fund Balance 280.522
Total General Fund Revenue
Appropriations $24 582 786
OTHER BUDGETED FUNDS
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
202,204 Major Streets and State Trunklines 5,027,969
203 Local Streets 2,794,797
264 Criminal Forfeitures 12,000
285 Tree Replacement 3,200
BE IT FURTHER RESOLVED that the operating expense projections for the following non-
budget funds are hereby approved:
FUND
ACTIVITY
NUMBER FUND/ACTIVITY NAME AMOUNT
305 TIFA Debt Service $60,000
394 Downtown Development Authority Debt 585,183
290 Local Finance Development Authority Debt 285 ,847
402 Arena Improvement Fund 20,000
403 Sidewalk Improvement Fund 395,828
404 Public Improvement Fund 2,297,223
482 State Grants Fund 1,505,000
590 Sewer 5,347,483
591 Water 6,170,826
594 Marina/Launch Ramp 1,055,326
661 Equipment 2,436,615
642 Public Service Building 565,516
643 Engineering Services Fund 647,297
677 General Insurance Fund 4,099,023
BE IT FURTHER RESOLVED, that there is hereby appropriated for said fiscal year the several
amounts set forth above which, pursuant to the "Uniform Budget and Accounting Act", define the
City of Muskegon's appropriation centers, and
BE IT FURTHER RESOLVED, that the City Manager is hereby empowered to transfer
appropriations within appropriation centers, and
BE IT FURTHER RESOLVED, that there is hereby levied a general tax as herein fixed on each
dollar of taxable valuation for the purposes herein outlined, said levy to be applied on all ta xable
real and personal property in the City of Muskegon as set forth in the assessment roll dated May
2006 :
PURPOSE MILLAGE (MILLS}
General Operating 8.5000
Sanitation Service 2.5000
Promotion .0732
Total 11 .0732
At a regular meeting of the City Commission of the City of Muskegon, on the 1 2 th Day of
September 2006, the foregoing resolution w as moved for adoption by Commiss ioner
Cart e r Commissioner Sh eph e rd supported the motion.
Resolution declared adopted.
City Clerk
Commission Meeting Date: September 12, 2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmentc8C..
RE: Set Public Hearing for Amendment to Brownfield
Plan- Redevelopment of the Century Club &
Daniels and Redevelopment of Muskegon Savings
Bank
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 Western Avenue Properties,
LLC and Port City Construction & Development Services, LLC, known as Western
Avenue Properties, located at 350, 356, 360-366 W. Western, 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 residential
condominiums 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.
COMMITIEE RECOMMENDATION: The Brownfield Redevelopment Authority met
on September 5, 2006 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
October 10, 2006.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2006-76(a)
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 12th day of September, 2006, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Membern Wierenga, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
ABSENT: Members
None
The following preamble and resolution were offered by Member
_S::..p<..:a::..:t:..:a:..::r-=o_ _ _ and supported by Member Carter
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved Brownfield Plan Amendments to include the
Redevelopment of the Century Club & Daniels and Redevelopment of Muskegon
Savings Bank, 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 1Oth of October, 2006 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 October 10, 2006, at 5:30p.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:
Redevelopment of the Century Club & Daniels and
Redevelopment of Muskegon Savings Bank
350, 356, 360-366 W. Western Avenue
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.
Linda S. Potter, Acting 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
Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
NAYS: Members
Non e
RESOLUTION DECLARED ADOPTED.
Linda S. Potter, Acting 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 September 12, 2006, 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 Clerk
Commission Meeting Date: September 12, 2006
Date: September 5, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Departmentd3 C..
RE: Set Public Hearing for Amendment to Brownfield
Plan- Vida Nova at Edison Landing
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 DDLH, LLC, known as Vida
Nova at Edison Landing, located at 160 & 190 Viridian 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 residential
condominiums 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 September 5, 2006 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
October 10, 2006.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AMENDMENTS TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
2006-76(b)
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 12th day of September, 2006, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT:
Members Wierenga, Carter, Davis, Gawron, Shepherd, Spataro,
and Warmington
ABSENT: Members
None
The following preamble and resolution were offered by Member
_G_a_w_r_o_n_ _ _ _ and supported by Member Spataro
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 Vida Nova at
Edison Landing, 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 10111 of October, 2006 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 October 10, 2006, at 5:30p.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:
Vida Nova at Edison Landing
160 & 190 Vi rid ian 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.
Linda S. Potter, Acting 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
Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
Linda S. Potter, Acting 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 September 12, 2006, 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 Clerk
Commission Meeting Date: September 12, 2006
Date: August29,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ>L
RE: Extension of Contract to Market Seaway Industrial Park
SUMMARY OF REQUEST:
In 2004 C & A Commercial Real Estate was selected as the company to market
Seaway Industrial Park properties, as well as one property located on Getty Street. A
nine-month real estate agreement was originally signed by the Mayor, with a six-month
extension signed by the City Manager in December 2004. City Commission grant C &
A Commercial Real Estate another six-month extension in August 2005 and again in
February 2006. Staff feels that Commission should review the performance of C & A
Commercial Real Estate in order to determine if there should be another extension of
the agreement for a six-month time period.
FINANCIAL IMPACT:
The continued timely sale and development of these properties will bring more jobs to
Muskegon in the near future, thus additional income tax being generated.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION:
8/29/2006
Resolution No. 2006-76 (c)
MUSKEGON CITY COMMISSION
RESOLliTION APPROVING MARKETING CONTRACT FOR
SEAWAY INDUSTRIAL PARK
WHEREAS, the City of Muskegon has completed the development of Seaway Industrial Park;
and
WHEREAS, the City of Muskegon believes it is important that the property within the park be
sold in a timely manner; and
WHEREAS, a Request for Proposals (RFP) was solicited from area commercial real estate
agencies for the purpose of marketing Seaway Industrial Park to a wider area; and
WHEREAS, C & A Commercial Real Estate submitted the proposal that reflects the best
interests of the City; and
WHEREAS, an extension of the present real estate agreement is in the best interest ofthe City.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission does authorize
the Mayor to sign on behalf ofthe City, an extension of the real estate agreement with C
& A Commercial Real Estate for the purpose of marketing industrial property in Seaway
Industrial Park.
Adopted this 12th day of September 2006.
AYES: Carter, Davis, Gawron, Shepherd, Spataro, Warmington,
and Wierengo
NAYS: None
ABSENT: No ne
BY:
ATTEST: dndtJ sJ
Linda S. Potter, CMC
/JtaA
Acting City Clerk
2006-76(c)
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 September 12, 2006.
o0n;i;; d . ~
Linda S. Potter, CMC
Acting City Ckerk
To: Bryon Mazade, City Manager
Cathy Brubaker-Clark, Economic and Community Development Director
Lonna Angullm, Planner
From: Norm Cwmingham and Dave Wendtland
Subject: Seaway Industrial Park
Date: September ll, 2006
We are providing this report as a benclunark of our efforts to market and sell the City's Seaway Industrial Park
and Renaissance Zone. Our approach to marketing this property is to market the advantages of the sites and
zone to the broadest audience of potential buyers through the several media selections as noted below. We
believe we have been successful in getting this message out even in the sluggish economy Michigan and
especially West Michigan has experienced over the past two years. We have assisted the City close on three
properties and have one pending resulting in two new businesses locating in Muskegon- upon closing the
pending purchase, and two retained and expanded. We have attracted more than twenty prospects to tour the
sites, sent more than 600 email listings to prospects and have had many "hits" on our MLS listings. Details
follow:
I. Listing Agreement- The Listing Agreement provides for an incentive to attract other brokers- a 55%
share of the commission to the selling broker.
2. Listing/Marketing Packet- A comprehensive Marketing Packet was prepared including a) the Listings
b) Investment Schedule c) Sample Development Agreement and, d) the Site Plan. This has reduced the
time needed to arrive at an acceptable purchase agreement and facilitates good faith efforts between the
City, Buyers and C&A Commercial.
3. Marketing Venues- C&A has exceeded the initial marketing program through expanded use of
Commercial Advertising Websites while continuing standard listing venues and on site signage.
a. SWMRIC - Seaway Lots have been continually posted on the Regional MLS. This provides
access for Brokers and the general public. Since March of this year the listings have been
accessed over 200 times by Brokers and over 30 times by non-brokers not including lots
already sold.
b. C&A Commercial- We continue to post the Seaway Lots on our web site.
c. Loopnet- Loopnet is a National Network for Commercial Brokers and accessible to over
600,000 members. The listings have attracted over 5000 "hits" and over 150 emails have been
sent to prospects.
d. CIMLS - The Seaway lots have been posted on this site as well; although accessible to all
Brokers and prospects, it does not track users.
e. Home Magazine - C&A is the only CommerciaVIndustrial Broker in West Michigan utilizing
this marketing venue. Over seven thousand are distributed monthly in Muskegon, Newaygo,
Oceana and Ottawa Counties.
f. Business Direct Weekly- The Listing in BDW covers alllO counties of West Michigan.
4. Clients/Prospects- We have conducted over 20 on site tours and located three businesses in the City
and have a fourth pending. We have also presented three other purchase offers which for various
reasons did not close.
Our Marketing Program exceeds our competitors, and we continue to receive inquiries and requests for
information on Muskegon and the Seaway Industrial Park. We look forward to continuing the good working
relationship we have developed with the City through an extension of our listing agreement. If you have any
questions or require additional information please contact either of us.
Commission Meeting Date: September 12,2006
Date: August 29, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c0c_
RE: Extension of Tool & Die Recovery Zone Status for
Northern Machine Tool
SUMMARY OF REQUEST: To approve the attached Resolution extending
the Tool & Die Recovery Zone for Northern Machine Tool. The City originally
granted 15 years but other municipalities only granted 12 years for other
companies in the Coalition, making Northern Machine Tool only eligible for 12
years. The law has since been amended, allowing differing lengths of time for
different companies in the coalition. Northern Machine tool is now requesting
an extension to take advantage of the full 15 years.
FINANCIAL IMPACT:
The original estimates were that the City will forego approximately
$7,300.00 per year for a total of approximately $109,545 in taxes for the 15
year period of the zone.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Resolution extending the Tool
& Die Recovery Zone for Northern Machine Tool, and authorize the Mayor and
Clerk to sign.
COMMITTEE RECOMMENDATION: None.
RESOLUTION FOR EXTENDING YEARS
City of Muskegon
Muskegon County, Michigan
Resolution 2006-76 (d)
A RESOLUTION TO EXTEND THE DURATION OF A TOOL AND DIE RENAISSANCE
RECOVERY ZONE ("Recovery Zone") FOR Northern Machine Tool Company
WHERAS, the City of Muskegon desires to promote economic activity and
maintain/increase the number of jobs available to residents of the area, and;
WHEREAS, certain industries in the state are facing difficult times and the tool and die
industry, in particular, has sustained losses due to foreign competition and increased
foreign productivity;
WHEREAS, the designation of a Recovery Zone will temporarily reduce the tax burden
paid by the business enabling it to reposition itself to compete globally, and;
WHEREAS, the business has entered into a collaborative agreement with other
business entities that have the appropriate North American Industrial classification, and;
WHEREAS, the qualified tool and die business property is property leased or owned by
a tool and die business and used primarily for tool and die operations;
WHEREAS, should the area be designated a Recovery Zone, property within that zone
will be exempt from taxes levied by the township, county, and other units of government
as provided under the ACT, and;
WHEREAS, we estimate that the tax revenue lost would be a small fraction of the
benefits the designation of a Recovery Zone will bring the community.
WHEREAS City of Muskegon had previously supported a Recovery Zone for this
property for a period of up to 15 years in a previous resolution adopted on September
13, 2005.
WHEREAS, at the time of Recovery Zone designation by the State of Michigan all
companies were required to have the same time period equal to the least amount a
years approved by any single jurisdiction. For the Whitehall Township Tooling Coalition
this length of Zone designation was 12 years that would expire on 12/31/2017.
WHEREAS, recent legislation has allowed individual businesses in a Recovery Zone to
have differing time periods for the abatement.
THEREFORE BE IT RESOLVED, that City of Muskegon requests that the State of
Michigan extend the duration of the Recovery Zone of the company identified by this
resolution for an additional3 years and would expire on 12/31/2020.
2006-76(d)
Adopted this 1ih Day of September 2006.
Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays: None
Absent: None
ATTEST: ~
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a
regular meeting held on September 12, 2006.
~ &OA
Linda Potter, Acting City Clerk
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: September 6, 2006
RE: Fire Station Construction Contract
SUMMARY OF REQUEST:
To award a contract for the construction of a new central fire station at the corner of Terrace
Street and Western Avenue. A recommendation will be made at the commission meeting after
the bids can be analyzed.
FINANCIAL IMPACT:
Approximately $3.5 million.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff will recommend the lowest responsible bidder at the meeting on Tuesday.
COMMITTEE RECOMMENDATION:
None.
pb/0/AGENDA- FIRE STA CNSTRCTN CONTRACT 090606
FIRE STATION BIDS FIRE STA BIDS 090506
9/6/2006 2:55 PM
HOOKER I DEJONG ARCHITECTS & ENGINEERS, P.C.
- 410 TERRACE PLAZA
MUSKEGON, MICHIGAN 49440
Post BID SUMMARY
Project: City on Muskegon Fire Station Project No.: 4·0185
Bid Date: September 11i2006
CONTRACTORS Lakewood Beckering
BASE BID $3,175,571 $3,212,890
ALT#1 $19,000 -$27,000
Total Base Bid $3,194,571 3,185, 890
1. Add Galv. to Tower $5,975 $1,500
2. F.R. pl:iWOOd roof decking $3,229 $3,500
3 N.C. N.C.
4 N.C. N.C.
5 N.C. N.C.
6. Bunk Clarification $100 N.C.
7. Casework Clarification $4,833 N.C.
8 N.C. N.C.
9 N.C. N.C.
10 N.C. N.C.
11 N.C. N.C.
12. Corridor door 1/2hr rating $180 $180
Total change to Base Bid $14,317 $5,180
Adjusted BASE BID $3,208,888 $3,191,070
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