View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 25,2006
CITY COMMISSION CHAMBERS@ 5:30P.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. Liquor License Request - Clay Avenue Cellars, Inc., 611 W. Clay. CITY
CLERK
C. SECOND READING: Defined Contribution Retirement Plan for New Hires
CDPW 517M). FINANCE DIRECTOR
D. Vacation of the Alley in the City of Muskegon, Block 304. PLANNING &
ECONOMIC DEVELOPMENT
E. Vacation of Leahy Street from Laketon to Larch Avenue, and Larch
Avenue from Hoyt Street to Leahy Street. PLANNING & ECONOMIC
DEVELOPMENT
F. Rezoning Request for Properties Located in the City of Muskegon, Block
304. PLANNING & ECONOMIC DEVELOPMENT
G. Zoning Ordinance Amendment to the Sign Ordinance. PLANNING &
ECONOMIC DEVELOPMENT
H. Selection of Vinyl Siding Supplier for Fiscal Year 2006-2007.
COMMUNITY & NEIGHBORHOOD SERVICES
I. Selection of Siding Contractors for Fiscal Year 2006-2007. COMMUNITY
& NEIGHBORHOOD SERVICES
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
CJ UNFINISHED BUSINESS:
CJ NEW BUSINESS:
A. Transfer of Clerical Unit Employees to MERS. FINANCE
B. Multiple Special Event Alcohol License within the City of Muskegon on
August 18th, 2006 - Serra Club of Greater Muskegon. ASSISTANT CITY
MANAGER
C. Approval of Revised Special Events Policy. ASSISTANT CITY MANAGER
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 1608 Elwood (Area 13)
2. 1168 Ambrosia - Garage (Area 11)
E. Accept Resignation of City Clerk. CITY MANAGER
CJ ANY OTHER BUSINESS:
CJ 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.)
CJ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
7244172.
Date: July 25, 2006
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the July 10th
Commission Worksession, and the July 11th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JULY 25, 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 5:30p.m .. Tuesday, July 25, 2006.
Mayor Warmington opened the meeting with a prayer from Pastor Penny
Johnson from the Oak Crest Church of God after which the Commission and
public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioner Sue Wierengo, Chris Carter, Kevin Davis, Clara Shepherd, and
Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and
Deputy City Clerk Linda Potter.
2006-62 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the July 10th Commission
Worksession, and the July 11th Regular Commission Meeting.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request- Clay Avenue Cellars. Inc .. 611 W. Clay. CITY
CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from Clay Avenue Cellars, Inc., for a new
Outdoor Service Permit.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending approval.
C. SECOND READING: Defined Contribution Retirement Plan for New Hires
(DPW 517M). FINANCE DIRECTOR
SUMMARY OF REQUEST: Second reading of the General Employee Retirement
System ordinance change.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and
better define the City's annual pension costs. We are negotiating similar
arrangements for other employee groups. At this time, new employees in the
Fire, Non-Union, Clerical and 517M groups are covered by a defined
contribution arrangement. The status of this issue with the other employee
groups is as follows: Police Patrol (in arbitration); Police Command (to be
negotiated).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
F. Rezoning Request for Properties Located in the City of Muskegon, Block
304. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located in Block 304,
bounded by Laketon Avenue, Leahy Street, Larch Avenue and Hoyt Street from
R-1, One Family Residential District to MC, Medical Care District.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their July 13, 2006, meeting. The vote was
unanimous.
G. Zoning Ordinance Amendment to the Sign Ordinance. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #6,b) of Article
XXIII (General Provisions) to add wall signage for lawful institutional uses such as
churches and schools.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend language to add wall signage for lawful institutional uses.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their July 13, 2006, meeting. The vote was
unanimous.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read with the exception of item D, E, H, and I.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
2006-63 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. Vacation of the Alley in the City of Muskegon, Block 304. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the alley in the City of
Muskegon Block 304, bounded by Laketon Avenue, Leahy Street. Larch Avenue.
and Hoyt Street.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends vacation of the alley in Block 304
of the City of Muskegon.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
vacation of the alley at their July 13, 2006, meeting, with the condition that all
utility easement rights be retained. The vote was unanimous with L. Spataro
absent.
(Voted with item E).
E. Vacation of Leahy Street from Laketon to Larch Avenue. and Larch
Avenue from Hoyt Street to Leahy Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Leahy Street from Laketon
to Larch Avenue, and Larch Avenue from Hoyt Street to Leahy Street.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends the vacation of Leahy Street from
Laketon to Larch Avenue and Larch Avenue from Hoyt Street to Leahy Street.
with the condition that all utility easement rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the vacation at their July 13, 2006, meeting, with the condition that
all utility easements rights be retained. T. Harryman opposed the request.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the vacation of the alley in Block 304 and the vacation of Leahy Street from
Laketon to Larch, and Larch Avenue from Hoyt to Leahy.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, and
Carter
Nays: Davis
MOTION PASSES
H. Selection of Vinyl Siding Supplier for Fiscal Year 2006-2007.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the Community and Neighborhood Services
Department's selection of the vinyl siding supplier for the 2006- 2007 fiscal year.
After reviewing all bids, the department selected the lowest bid by ABC Supply
located at 123 West Sherman Boulevard, Muskegon, for the price of $35 per
building square for white and $36 per square for color.
The Community and Neighborhood Services Department received two
additional bids from:
• Premier Building Products, Inc., located at 2151 South Harvey Street,
Muskegon, $46.56 per building square, and
• Keene Lumber Co., located at 346 West Laketon Avenue, Muskegon,
$46.50 per building square.
FINIANCIAL IMPACT: Funding will be disbursed from the 2006-2007 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding Program was
approved by the Commission during the 2006- 2007 allocation period last April.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
selection of ABC Supply as the vinyl siding supplier for the 2006 - 2007 fiscal
year.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
I. Selection of Siding Contractors for Fiscal Year 2006-2007.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve Community and Neighborhood Services to
sign contracts with Top Notch Design, 4740 Jensen, Fruitport, and Gawlik
Construction, 2084 Mary, Muskegon, to install vinyl siding at an agreed price of
$67 per building square for the Vinyl Siding Program's 2006-2007 fiscal year.
The Community and Neighborhood Services office received six bids total from
vinyl siding installers. The four additional bids were from:
• K & 0 Construction, 2122 Vindale, Muskegon
• Cutting Edge Construction, 766 Chatterson, Muskegon
• Fredrick's Construction Inc., 1950 Commerce, Muskegon
• Obenauf DePender Construction, 4471 Tompkins Trail, Muskegon
FINIANCIAL IMPACT: Funding will be disbursed from the 2006- 2007 Community
Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the request.
COMMITIEE RECOMMENDATION: The funding for the Vinyl Siding program was
approved by the Commission during the 2006- 2007 allocation period last April.
Motion by Commissioner Shepherd, second by Commissioner Carter to accept
Community and Neighborhood Services selection of siding contractors for fiscal
year 2006- 2007 with Top Notch Design and Gawlik Construction.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
2006-64 NEW BUSINESS:
A. Transfer of Clerical Unit Employees to MERS. FINANCE
SUMMARY OF REQUEST: The Clerical union (approximately 30 members) has
voted in favor of moving pension administration for their members to MERS- the
· Municipal Employees Retirement System of Michigan. The change will affect
employees hired prior to January 1, 2006; employees hired after this date are in
a Defined Contribution plan. This is the fourth city employee group to opt to
move to MERS (non-union, police patrol and police command being the others).
FINIANCIAL IMPACT: MERS provides a cost-effective solution for retirement
system administration. As the City faces tight budgets, it is essential that we seek
out opportunities to maintain or improve service levels while lowering costs.
MERS provides such an opportunity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the resolutions moving Clerical unit
employees to MERS and authorize the Mayor, Clerk and other required city
officials to sign the documents necessary to implement this move. Also,
approval of the amendment to the General Employees' Retirement System
ordinance.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the transfer of the Clerical Union to Municipal Employees Retirement System of
Michigan.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
B. Multiple Special Event Alcohol License within the City of Muskegon on
August 18th, 2006 - Serra Club of Greater Muskegon. ASSISTANT CITY
MANAGER
SUMMARY OF REQUEST: Leisure Services has received a Special Event request
from Serra Club of Greater Muskegon. They are requesting a special liquor
license to be able to serve alcohol at their annual fundraiser to be held at
Muskegon Catholic School. The Leisure Services Board has already approved a
license for a Party in the Park to be held on the same date. Commission action
required.
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: Commission action required.
Motion by Commissioner Spataro, second by Commissioner Davis to approve
the Special Event request from Serra Club of Greater Muskegon for a special
liquor license for August 18th.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. Approval of Revised Special Events Policy. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: The City Commission referred the following sections of
the Special Events Policy to the Leisure Services Board for their review and
action:
1. Second paragraph of the Special Events Policy - change the second
paragraph, first sentence, by adding "or this provision is waived by the
City Commission".
2. Section Ill {g) -it was suggested that the language be revised to "have a
person at each station during the serving of beverages that has had
alcohol awareness training."
3. Section IV (a} -it was suggested that the language be revised to include .
.. "the Leisure Services Director, or City Commission".
FINIANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommends
approval of the revised Special Events Policy.
Motion by Commissioner Carter, second by Vice Mayor Gawron to approve the
revised Special Events Policy.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 1608 Elwood (Area 13)
2. 1168 Ambrosia - Garage (Area 11)
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structures are unsafe,
substandard, a public nuisance and that they be demolished within thirty days.
It is further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
FINIANCIAL IMPACT: General Funds (1608 Elwood), CDBG (1168 Ambrosia -
garage only).
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with
the Housing Board of Appeals to demolish 1608 Elwood and 1168 Ambrosia
(garage only).
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
E. Accept Resignation of City Clerk. CITY MANAGER
SUMMARY OF REQUEST: To accept the resig na tion of Gail Kundinger, City Clerk,
and to appoint Linda Po tter a s Ac ting City Clerk.
FINIA NCIAL IMPACT: None .
BUDG ET ACTION REQUIRED: None.
STA FF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Commissioner Wierenga to accept
the resignation of Gail Kundinger, City Clerk, and appoint Linda Potter as Acting
City Clerk.
ROLL VOTE: Ayes: Gawron, Spataro, Warmington, Wierenga, and Carter
Nays: Davis and Shepherd
MOTION PASSES
ANY OTHER BUSINESS: Co mmission discussed various items.
PUBLIC PARTICIPATION: Vario us comments were heard from the public .
ADJOURNMENT: The City Commission M eeting adjourned at 6:20 p .m.
Respectfully submitted ,
Linda Po tter, CMC
Acting City Clerk
Date: July 25, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Request
Clay Avenue Cellars, Inc., 611 W. Clay
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from Oay Avenue Cellars, Inc., for a
new Outdoor Service Permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 - Lansing, Michigan 48909-7505
LAW ENFORCEMENT RECOMMENDATION
(MCL 436.1501)
REQ ID # 362046 KAR 6-15-06
TO: Muskegon Police Department
Attn: Chief ofpolice
980 Jefferson
P.O. Box 536
Muskegon, MI. 49440-1325
RECEIVED
RE: Clay Ave. Cellars Inc.
JUL 5;
611 W.ClayAve.
Muskegon, MI.
MUSKEGON POLICe :FPT
CHIEF of POLIC' - .
We have received a request from the above licensee for the type of permit indicated below. Please make an investigation
and submit your report and/or recommendation, as requested below, to the offices of the Liquor Control Commission at the
above address. Questions about this request should be directed to the MLCC Licensing Division at (517) 322-1400.
c OFFICIAL PERMIT FOR EXTENDED
HOURS OF OPERATION FOR
FOOD SERVICE
Two copies ofFonn LC 1112 will be left with you, the upper portions
already executed. Indicate your recommendation and return one copy
to the Commission, retaining the other.
(Authorized by MAC 436.1403)
c LIVING QUARTERS Indicate your recommendations on the bottom ofthis letter and return
one copy to the Commission.
(Authorized by MCL 436.1217 and 436.120 l)
IX_ OUTDOOR SERVICE PERMIT IN ADDITION
TO NEW SMALL WINEMAKER
Indicate your recmmnendations on the bottom of this letter and return
one copy to the Commission.
Recommendation: (Recommended /-NeH'OO~ill _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature and Title
LC-1636 Rev. 9/01
4880-1934
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2006-62(b)
Ata Regular meeting of the _ _C_l=-·t~y-;:;:-c_,o,.,..m-::-m_l...,..·-:::c
s....,s_i-:-::oc::-n--;:;-~c:-----
(R<gular or Sp<d al) <To wnship Board, Cicy or Village Council)
called to order by Mayor Warmington on July 25, 2006 at 5: 30 P.M.
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Davis
Thattherequestfrom Clay Avenue Cellars, Inc., 611 w. Clay Avenue,
Muskegon, MI for an Outdoor Service Permit in addition to
the New Small Winemaker
be considered for Approva 1
--~~------~(7
Ap-pr-ova7
1 o-rO~is-~-pro-va~l)------------------
APPROVAL DISAPPROVAL
Yeas: 7 Yeas :
------------ - - - - -- - - -- ---
Nays: ________________ __
Nays ~----~0~-------------
Absent: ___o____________ Absent: - - - - - - - - - -
It is the consensus of this legislative body that the application be:
Recommended for issuance
------------~(R-ec-
om-m-cn~
d cd~o-rM-
1-Re-co-
mm-c-
nd<
-d)---------------
State of Michigan _ _______)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe __c_i~t_y_c_o_m~m~l-·s~s~i_o~n_ _ _ ____ ata ___ __R_e~g~u_l~a~r~~~-------
<Township Bovd, Cicy or Village Council) (Regular or Special)
meeting held on July 25, 2006
(Oac<)
SEAL (Signed) d~ ~ (Township. Cicy of Village Cl<rk)
Linda Potter, Acting Clerk
9 33 Te rrac e , Mu s keg o n, MI 4 9440
(Mailing address of Township, Cicy of Village)
LIQUOR LICENSE REVIE\V FORl\1
j (.l .
~usiness Name:~~~~~~~~~~.~~r~t~J~t~'C~~~~·~c~~~a~~~s~/~~~~~c~.~~~
AKA Business Name (if applicable): - - - - - - - - - - " " ' - - - - - - - -
Operator/Manager's Name: .....~.fa~);::..::·e~l...:..t-.t.fa~o~'·,...:;tu.=s~&.:....
' ·----~~'-·-~...rm""-
, '"'"'-'I~.....::e:.4tt~4"'-'-'?:.,.0Li:;,t«:L-,;I~·
tJ?
~usiness Address: 6 II !./. (?/y
Reason for Review:
New License 0 Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved~ Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORL'1
BusinessName: -~~~~~~~~~~~~~~~~e~d~t~'C~~~~~~~~a~·r~s~~·~-~~~C~-~~~
AKA Business Name (if applicable): - - - - - - - - - - - - - - -
Operator/Manager's Name: fader! .fav,'t:tU,sA;. j 6:-tr/e/f ~u~//)7
[) F.f>SED RECfiVE9 0
Business Address: 0. !l_ /1/ I c;~gy
JUL 10 2006
t1 1(1 1 t.~J • t tJ PuS I EO D
Reason for Review: OilY 01 MUSt\I:GON TREASURY
New License 0 Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved 0 Denied D No Action Needed D
Income Tax Approved 0 Owing D Amount:
Treasurer Approved~ Owing D Amount:
Zoning Approved 0 Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved 0 Denied 0 Remaining Defects D
Department Signature_----".~
~~~~~-~f-/!_'1+-0-~~~~~------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1'1
~usiness Na~e=~~~~~~~~~~.~~1~t~~~t~'C~~~~·~~~~~a~~~S~1~~~~~c~.~~~
AKA Business Name (if applicable): - - - - - - - - - - - - - - -
Operator/Manager's Name: ... ·t..:.l.)'-"e......r.....:...l__...fo~o~','...:;,tU~,=s~4~
fo. . . ~ ·----~~'-·--.~...c?a""'",~~~......;;e=tt....;,.,_.4;~..,.LX';..>w~''1!?7
~usiness Address: 6 II 1#. {;_fry
Reason for Review:
New License 0 Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertain~ent Permit D
Deadline for receipt of all information:
Public Safety Approved 0 Denied D No Action Needed D
Income Tax Approved D Owing 0 Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved_)}( Denied D Pending Z~A D
Clerk's Approved 0 Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
RE ED
CITY ( I..USt,LC UN
PLANl\j.l !G DEPAR 1"1/ J ' / : }
Department Signature t-/1d q;? c:;~----
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1'1
BusinessName: - ~~~~~~~~~~.~~f~t~d~k~'C~~~~·~~~~~a~c~s~/~-~~~c~.~~~
AKA Business Name (if applicable): - - - - - - - - - - - - - - -
Operator/Manager's Name: . .~. fo.J. .J . :.I,j~·(.tr.:...I-LJ./a~v'..:...
.. .<:. .!:!:(,(,/~,s: . LA;.J.!..,_
.· · ~~-·--lfU...ri
··;.w·~t. t. . Y:.: : . C:A"'-"f~;/;~~~U'~t"-1~
/tJJ
Business Address: 6 // 111. L_!_ry~
Reason for Review:
New License 0 Transfer of Ownership 0 Dance Permit 0
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit 0
Deadline for receipt of all information: -~~~~~~-------
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved ~Denied D Pending ZBA 0
Clerk's Approved Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature ~ ~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl'i
~usiness ~a~e= -~~~~~~~~~~.~~~~t~J~t~'C~~~~)~c~~~a~~~s~/~~~~~c~-~~~
AKA Business ~arne (if applicable): - - - - - - - - - - - - - - -
Opera tor/Manager's ~a me: .....fo~b....,·r:..:...r..:..l__,_fa~oP!·,~tU::....;,=5......);..._,·__.I.__·~~'"'"
, . ._/.: . . . :;/. . . ; e.=lt~4~.,. zs:;.·.:t""'"f,-'-'-//17
~usiness Address: 6 II !d.. (jyt
Reason for Review:
~ew License 0 Transfer of Ownership D Dance Permit 0
Drop/Add ~arne on License D Transfer Location D
Drop/Add Stockholder Name D ~ew Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D · Denied D ~o Action ~eeded D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved~ Owing D Amount:
Fire/Inspections Approved Denied D Remaining Defects D
/ .
&c;~ <_')ub'Jie-r:- AJ
&*~ ~e"~-.h'..JJ
Department Signature._u..----1'--,..-F-'--"-=~~:;:5;:5~~------
Piease return to the City Clerk's 0
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl'f
BusinessName: · ~~~~~~~.~~r~e~1~i-C~~~~~~~~a~r~s+;~-~~~c~.~~~
AKA Business Name (if applicable): - - -- - -- -- - - -- - -
Opera tor/Manager's Name: -Lfa~)~e~
r. :. . f--Ufo~J. :. .<:. : : : tu.~ : . . .c.&.LJ., _·--¥..J---~.6. . a. a
. s.4.~1/<!.. :C:::. ~ti:. . :. . .,.,41.4:. y,.?S«~:L. .:I~'/PJ
Business Address: & II !<tl, f:lcyt
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - -- - - --
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved ~ Denied 0 Remaining Defects D
~
Department Signature_ ____..-'+-~~-~---'-'~r-----....,....------
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coo~dinator
Aillrmativc Action
(231 )724-6 703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
West Michigan~s Shoreline City
www.shorelinedty.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231 )724-6 716
FAX (231 )724-4405
Clerk
(231)724-6705
FAX (231)724-4178
Corum. & Neigh.
Services
July 20, 2006
(231)724-6717
FAX (231)726-2501
Engineering
(231 )724-6707
FAX (231)727-6904 Mr. Robert Rajewski
Finance
1873 Harrison
(231)724-6713 Muskegon, MI 49441
FAX (231)724-6768
Fire Department Dear Mr. Rajewski:
(231 )724-6792
FAX (231 )724-6985
This letter is to inform you that your request for an Outdoor Service Permit to be
Income Tax
(231 )724-6770 held in conjunction with your Small Winemaker License will be presented to the
FAX (231)724-6768 City Commission on July 25, 2006. This meeting begins at 5:30p.m. and is
Info. Technology located in the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231)724-4126
FAX (231)722-4301
Sincerely,
Inspection Services
(231)724-6715
FAX (231)728-4371
Leisure Services.
(231 )724-6704
FAX (231)724-1196
Linda Potter
Deputy Clerk
Mayor's Office
(231)724-6701
FAX (231 )722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790
. Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-41 00
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231 )724-41 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affim1ative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager West J\.Jichigan?s Shoreline City
(231)724-6724 www.shorelineclty.com
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705
FAX (231 )724-4178
Comm. & Neigh.
Services July 20, 2006
(231)724-6717
FAX (231)726-2501
Engineering
(231 )724-6707
FAX (231)727-6904 Mr. Garrett Anguilm, Jr.
Finance 2835 Beach Street
(231 )724-6713 Muskegon,MI 49441
FAX (231)724-6768
Fire Department Dear Garrett:
(231)724-6792
FAX (231 )724-6985
Income Tax This letter is to inform you that your request for an Outdoor Service Permit to be
(231)724-6770 held in conjunction with your Small Winemaker License will be presented to the
FAX (231)724-6768
City Commission on July 25, 2006. This meeting begins at 5:30p.m. and is
Info. Technology located in the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231 )724-4126
FAX (231 )722-430 I
Inspection Services
Sincerely,
(231)724-6715
FAX (231)728-4371
Leisure Services
(231)724-6704
FAX (231)724-1196 Linda Potter
Deputy Clerk
Mayor's Office
(231 )724-670 I
FAX (231)722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231 )724-41 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231 )724-67 83
FAX (231)726-5617
City Manager West !Uichigan's Shoreline City
www.shorelineclty.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231 )724-4405 July 20, 2006
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
Commissioner Spataro, President
(231 )724-6717 Nelson Neighborhood Assoc.
FAX (231)726-2501
1567 Sixth
Engineering 11uskegon,11I 49441
(231)724-6707
FAX (231)727-6904
Finance
Dear Larry:
(231)724-6713
FAX (231)724-6768
We have received a letter from the Liquor Control Commission reference a
Fire Department request from Clay Avenue Cellars, Inc. for a new Outdoor Service Permit to be
(231 )724-6792
FAX (231)724-6985 held in conjunction with their Small Winemaker license. On Tuesday, July 25,
2006, the City Commission will review this request and determine whether or not
Income Tax
(231)724-6770 it should be recommended for approval.
FAX (231)724-6768
Info. Technology You are being sent this notice because the City Commission would like to know
(231)724-4126
FAX (231)722-4301 how the Neighborhood Association feels and would appreciate any comments that
they may have. Please send these comments to 933 Terrace, 11uskegon, 111
Inspection Services
(231)724-6715 49440.
FAX (231)728-4371
Leisure Services If you have any questions, please feel free to contact me at 724-6705 ..
(231 )724-6704
FAX (231 )724-1196
Sincerely,
Mayor's Office
(231 )724-670 I
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Linda Potter
Deputy Clerk
Police Department
(231 )724-6750
FAX (231)722-5140
Public Works
(231 )724-41 00
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231 )724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Musl<egon, MI 49443-0536
http://www.shorelinecity.com
_ r515
0004 I 8340
- - 6995
--
Affirmative Action
(231)7-24-6703
FAX: (231)722~1214
Assessor/Equ allzatton
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231 )724-6783
FAX: (231)726-5617
•\'-
()
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178 July 26, 2006
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Liquor Control Commission
."' ""
~m ".
~
., ~~
Computer Info.
Systems
7150 Harris ~ ~ Q,
:;; ""iii
(231)724-6744 PO Box30005 -~ 3
FAX: (231)722-4301
Lansing, MI 48909-7505 p~ @ -
~ a ~
~ ~~ o-3
~~
Engineering Dept.
~
(231)724-6707 ~.~
p
REF: Req ID #362046
FAX: (231)727-6904
Finance Dept.
Clay Avenue Cellars Inc. 2
rn 0
"<:Q' DO
-~
0
a0 DO
611 W. Clay Avenue ~
5::1;
(231)724-6713
FAX: (231)724-6768
Muskegon, MI 49440
rn
t <f
" .."
~ ~~ fl
0
.,.
!!1.
"
<>O
<il a
Fire Department
rn
~
0
"'••
0 -< "0
0
0
(231)724-6792
FAX: (231)724-6985 To Whom It May Concern:
IncomeTn
(231)724-6770
Enclosed is the Law Enforcement Recommendation form which has been
FAX: (231)724-6768 approved by Tony Kleibecker, Public Safety Director. This was also
Inspection Services
recommended for approval by the City Commission at their July 25, 2006, City
(231)724-6715
FAX: (231)728-4371
Commission Meeting.
Leisure Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231 )724-6704
FAX: (231)724-1196
Mayor's Office Sincerely,
(231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702
FAX: (231)724-6790 Linda Potter
Pollee Deptartment Deputy Clerk
(231)724-6750
FAX: (231)722-5140
enc.
PubUc Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
\VWw.shorelinecity.com
MEMO
TO: Mayor and Commission
FROM: City Clerk's Office
DATE: July 25, 2006
RE: Clay Avenue Cellars Liquor License Request
On the 21st of July we received a call from Sherri Slater reference Clay
A venue Cellars liquor license request. Sherri stated she is very much in
favor of their request and believes it will be good for the neighborhood.
City of Muskegon, 933 Terrace, Muskegon, MI 49440
Date: July 11, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Defined Contribution Retirement Plan for New Hires (DPW 517M)
SUMMARY OF REQUEST: The city commission has previously approved a contract with
the 517M union that includes provision for new hires to be members of a defined contribution
retirement program in lieu of membership in the defined benefit General Employees' retirement
system. The new DC plan calls for a city contribution of 3%/6% and an employee contribution
of 0%/3% of wages. Present employees may also join the DC plan on an elective basis during a
window period.
Documents for this plan are the same as for the previous plan set-ups for Clerical, Fire and
Non-union employees and is currently under review by the attorney's office. Because were are
in process of hiring several positions that will be covered under the new plan, staff at this time is
requesting authorization to have the Mayor, Clerk and other required city officials sign the
necessary documents for implementation.
FINANCIAL IMPACT: Moving to a defined contribution plan will help stabilize and better
define the city's annual pension costs. We are negotiating similar arrangements for other
employee groups. At this time, new employees in the Fire, Non-Union, Clerical and 517M
groups are covered by a defined contribution arrangement. The status of this issue with the
other employee groups is as follows: Police Patrol (in arbitration); Police Command (to be
negotiated).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: None
City of Muskegon
Musl,egon County, Michigan
Ordinance Amendment No. 2195
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-34 of the Code of Ordinances of the City of Muskegon concerning the General
Employee Retirement System is amended to state as follows:
(a) A person who is in the employ of the city in a membership position shall be a
member of the retirement system. A membership position is a city position normally requiring
I ,500 or more hours of work in a calendar year, except as provided in subsection (b) of this
section.
(b) The following types of city employment are not membership positions:
(I) Contractual employment;
(2) Employment compensated on a fee basis;
(3) Employment as an elected official; and
(4) Employment as a policeman or fireman as defined by the city police-
fire retirement system established and maintained in accordance with Chapter
XIX of the Chmier of the city.
(c) A member who ceases to be employed by the city in a membership position shall
thereupon cease to be a member.
(d) The membership of the retirement system shall not include city non-union
employees who become employed by the City after July I, 2005, and city non-union employees
who elect to transfer their interest in the City's defined benefit plan to the City's defined
contribution retirement system effective January I, 2006.
(e) The membership of the retirement system shall not include city non-union
employees who became employed by the City before July I, 2005, and who participate in the
Municipal Employee's Retirement System Defined Benefit Plan.
(f) The membership of the retirement system shall not include city employees who
are members of the Public Employees of Southwestern Michigan Clerical and Technical Unit
("Clerical Union") and become employed by the City after January I, 2006, and Clerical Union
members who elect to transfer their interest in the City's defined benefit plan to the City's
defined contribution retirement system effective May 31, 2006.
(g) The membership of the retirement system shall not include city employees who
are members of the Local517M, Unit 2, of the Service Employees International Union ("Local
517M Union") and become employed by the City afler January I, 2006, and Local 517M Union
members who elect to tramfer their interest in the City's defined benefit plan to the City's
defined contribution retirement ;ystem effective November 30, 2006.
(h) fg1 The board of trustees shall decide all questions concerning the membership
status of any person.
(i) W The city manager may elect to be excluded from membership in the retirement
system. The election shall be made in writing in the form prescribed by the retirement system
within 90 days after the date the individual becomes city manager. As used in this subsection,
"city manager" means the individual who is appointed by, serves at the pleasure of and is
designated by the city commission to be the city manager. The following conditions shall apply
to a city manager regarding membership in the retirement system:
(1) If the city manager fails to elect to be excluded from membership in the
retirement system within 90 days after becoming the city manager, the city
manager shall remain a member of the retirement system.
(2) Upon becoming a member in the retirement system, the city manager
shall not have the option to elect to be excluded from the retirement system
unless the election is made within the 90-day period.
(3) If the city manager elects to be excluded from membership in the
retirement system, the city manager may not revoke that election nor become
a member of the retirement system on account of employment by the city.
(4) If an individual employed by the city and a member of the retirement
system is appointed city manager, the individual shall remain a member of the
retirement system unless the individual elects in writing within 90 days after
the date appointed as city manager to be excluded from membership in the
retirement system. If such individual was previously a member in the
retirement system and elects to be excluded from membership, the following
conditions shall apply:
a. The individual shall be paid the individual's accumulated
contributions, and all credited service shall be forfeited unless he elects to be
deferred under subsection (e)(4)d. of this section.
b. The individual may not again become a member of the
retirement system on account of employment by the city.
c. The individual's forfeited credited service and any service
rendered the city while the individual was excluded from membership shall
never be reinstated or credited to the individual.
d. Instead of proceeding under subsections (e)(4)a., b. and c. of
this section, a previously employed individual who has enough years of
credited service to be vested in the plan at the time of such election within 90
days after appointment as city manager may elect to terminate pm1icipation in
the plan and remain vested therein as in the case of a deferred retiree and
receive benefits accordingly which are limited by the years of credited service
at the time of the election. In such case, no withdrawal of employee
contributions shall be allowed.
This ordinance adopted:
Ayes: Carter 1 Davis 1 Gawron 1 Shepherd 1 Spa taro 1 Warmington 1
and Wierenga
Nays: None
Adoption Date: July 25, 2006
Effective Date: August 8 1 2006
First Reading: July 11 ' 2006
Second Reading: July 25, 2006
CITY OF MUSKEGON
By cYimda !Jith/
Linda Potter, CMC
Act i ng City Clerk
CERTIFI CA TE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 2 5ihday of Ju 1 Y , 2006, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: July 25 '2006
Linda Potter, CMC
Acting City Clerk
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on July 2 5 , 2006, the City Commission of the City
of Muskegon adopted an amendment to Section 62-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:
(g) The membership of the retirement system shall not include city employees who are
members of the Local 517M. Unit 2, of the Service Employees International Union ("Local
517M Union") and become employed by the City after January I, 2006, and Local 517M Union
members who elect to transfer their interest in the City's defined benefit plan to the City's
defined contribution retirement system effective November 30, 2006.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: ~~J=-u=ly,.__~2"-9~-' 2006 By__~------------------
Linda Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE
Commission Meeting Date: July 25, 2006
Date: July 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentU?G-
RE: Rezoning request for properties located in the City of
Muskegon, Block 304
SUMMARY OF REQUEST:
Request to rezone the property located in Block 304, bounded by Laketon Avenue,
Leahy Street, Larch Avenue and Hoyt Street from R-1, One Family Residential
District to MC, Medical Care District.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/13/06
meeting. The vote was unanimous.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2006 Approvals\Block 304 Hackley 1
Hospital.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2196
An ordinance to amend the zoning map of the City to provide for a zone change for
certain properties from R-1 "One Family Residential District" to MC "Medical
Care District"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS :
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property located in Block 304 bounded by Laketon A venue, Leahy
Street, Larch Avenue, and Hoyt Street from R-1 "One Family Residential" to MC
"Medical Care District" :
CITY OF MUSKEGONREVISED PLAT OF 1903 BLOCK 304
This ordinance adopted:
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga
Nayes: None
Adoption Date: July 25, 2006
Effective Date: August 8, 2006
First Reading: July 25, 2006
Second Reading:_N_.:./_A_ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~~
Linda Potter, CMC
Acting City Clerk
CERTIFICATE
(Rezoning ofBlock 304 R-1 to MC)
The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commission on the 25 1h day of July, 2006, at
which meeting a quorum was present and remained throughout, and that the original of
said ordinance is on file in the records of the City of Muskegon. I further certify that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts ofMichigan of 1976, as amended, and that minutes were
kept and will be or have been made available as required thereby.
DATED: _ _Ju_l-=y_2_5_ _ _, 2006.
Linda Potter, CMC
Acting City Clerlc
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 25, 2006, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of
the following property in Block 304, bounded by Laketon Avenue, Leahy Street, Larch
Avenue, and Hoyt Street, from R-1 "One Family Residential District" to MC "Medical
Care District":
CITY OF MUSKEGONREVISED PLAT OF 1903 BLOCK 304
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ----=J-=u::,ly'----=2c::.9_ _ _ _ , 2006 CITY OF MUSKEGON
By ___________________
Linda Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 13, 2006
Hearing; Case 2006-27: Request to rezone the properties located in the City of
Muskegon Block 304, bounded by Laketon Avenue, Leahy Street, Larch Avenue, and
Hoyt Street, from R-1, One Family Residential District to MC, Medical Care District, by
Hackley Hospital.
BACKGROUND
Applicant: Hackley Hospital
Address/Location: 1700 Clinton Street
Request: Rezone from R-1, One Family Residential District to MC, Medical
Care District
Present Land Use: Hospital campus
Zoning R-1, One Family Residential District
STAFF OBSERVATIONS
1. The property which is the subject of this request was purchased by Hackley Hospital with
plans to incorporate it into their hospital campus, and encompasses all properties in Block
304 bounded by Laketon Avenue, Leahy Street, Larch Avenue, and Hoyt Street.
2. The request is to rezone the property from R-1, One Family Residential District to MC,
Medical Care District.
3. The properties to the north and west are zoned MC, Medical Care District, and to the
south and east are zoned R-1, One Family Residential.
4. The zoning ordinance states: "It is the further intent ofMC districts to assist and
encourage the development of medical institutional land uses in a campus setting which
includes not only the primary buildings and structures, but also campus support systems
involving pedestrian and vehicular circulation, parking, signs ... ",etc.
5. The City's Future Land Use Map supports this zoning by indicating this block as
"public/quasi public", as is the entire Hackley Hospital campus.
6. The 1997 Master Land Use Plan states the following: "Coordinate the City's sub-area
planning effort with that of Hackley Hospital on the development of a campus master
plan to ensure high quality integration of the medical facility with surrounding
neighborhoods and the roadway system". Hackley Hospital has developed a campus
master plan, as part of their expansion efforts in the city.
7. Staff has received no comments regarding this request.
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2006 Approvals\Block 304 Hackley 5
Hospital.doc
City of Muskegon
Planning Commission
Case # 2006-27
-~·
.
~~~ = Subjt<IPt~pttM;Iu)
0 m Nolioo Ar•~
R·1 = Slnglo·F 1ml)f Re•l<lontlol
RM-1 w Low Oon<il! Multlple-F •milt R es>!entl.ll
OSR a Open 'Op•oe R&~o~lion
B-2 ~ Conveolenoe & Comp•ri<on Bminoss
B-4 D Otn.,•t Bu<lnou
MC a Modlo•ICat~
000
RECOMMENDATION
Staff recommends approval ofthe request.
MOTION FOR CONSIDERATION
I move that the request to rezone the property located in the City of Muskegon, Block 304
bounded by Laketon Avenue, Leahy Street, Larch Avenue, and Hoyt Street from R-1, One
Family Residential district to MC, Medical Care district, as described in the public notice, be
recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon
Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of
the City Master Land Use Plan and zoning district intent.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2006 Approvals\B\ock 304 Hackley 6
Hospital.doc
Commission Meeting Date: July 25, 2006
Date: July 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJJ:.--
RE: Zoning Ordinance Amendment to the Sign Ordinance
SUMMARY OF REQUEST:
Request to amend Section 2334 (Signs, #6,b) of Article XXIII (General Provisions) to add wall
signage for lawful institutional uses such as churches and schools.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend language to add wall signage
for lawful institutional uses.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 7/13/06 meeting. The
vote was unanimous.
7/14/2006
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.~7
An ordinance to amend Section 2334 (Signs, #6, b) of Article :xxm (General Provisions)
to add wall signage for lawful institutional uses such as churches and schools.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs, #6, b) of Article :X:XID (General Provisions) is hereby amended to add
ordinance language to add wall signage for lawful institutional uses such as churches and
schools, as follows:
b. Internally illuminated monument signs of up to thirty-two (32) square feet, not
exceeding eight (8) feet in height, and internally lit wall signs up to twenty-four (24) square
feet for lawful institutional uses such as churches and schools.
This ordinance adopted:
Ayes: Carter , Davis, Ga,.,ron, Shepherd I Spataro I wannington I Wierenga
Nayes: None
Adoption Date: July 25 , 2006
Effective Date: August 15, 2006
First Reading: July 25, 2006
Second Reading:_N_;_/_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~ fit&
Linda Potter, CMC
Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon County,
Michigan, does hereby certifY that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
25th day of July, 2006, at which meeting a quorum was present and remained throughout, and that the
original of said ordinance is on file in the records of the City of Muskegon. I further certifY that the
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts ofMichigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.
DATED: __J_u--=ly:__2_5_ _ _, 2006.
Linda Potter, CMC
Acting City Clerk
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on July 25, 2006, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 2334 (Signs #6, b) of Article XXIII (General
Provisions) to add wall signage for lawful institutional uses such as churches and schools.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the
City Clerk in the City Hall, 933 Tenace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten days from the date of this publication.
Published Ayvst s= ,2006 CITY OF MUSKEGON
By ______________________
Linda Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PAS SAGE.
Account No. 101-80400-5354
(\
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that o uly 25, 2006, the City Commission of the City ofMuskegon adopted an
ordinance to amend Section 4 (Signs #6, b) of Article XXIII (General Provisions) to allow a
building wrap for a building unde g~g construction or major renovation.
Copies of the ordinance may be viewedan~chased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Mu~ Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published July 29 , 2006 CITY OF MUSKEGON
----------------
By _________________________
Linda Potter, CMC
Acting City Clerk
Account No. 101-80400-5354
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 13, 2006
Hearing; Case 2006-29: Staff initiated request to amend Section 2334 (Signs, #6,b) of Article
XXIII, to add wall signage for lawful institutional uses such as churches and schools.
BACKGROUND
When the sign ordinance was amended several years ago, wall signage for churches and institutional
uses was somehow omitted from the zoning ordinance. A recent request for a wall sign on a church
brought this issue to staffs attention and so the following revision is recommended.
NEW LANGUAGE
Deletions are crossed out and additions are bold.
Changes to Section 2334, (#6): Signs
b. Internally illuminated monument signs of up to thirty-two (32) square feet, not exceeding
eight (8) feet in height, and internally lit wall signs up to twenty-four (24) square feet for
lawful institutional uses such as churches and schools. Signs shaJI not eJleeed eight fuet in
heights.
DELIBERATION
I move that the amendment to Sections 2334 (#6,b) of Article XXIII (Signs), of the City ofMuskegon
Zoning Ordinance, be recommended to the City Commission for (approval/denial).
5
Commission Meeting Date: .July 25, 2006
Date: .July 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ciaC...
RE: Vacation of the Alley in the City of Muskegon, Block 304
SUMMARY OF REQUEST:
Request for vacation of the alley in the City of Muskegon Block 304, bounded by
Laketon Avenue, Leahy Street, Larch Avenue, and Hoyt Street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the alley in Block 304 of the City of Muskegon.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the alley at their 7/13/06 meeting,
with the condition that all utility easement rights be retained. The vote was unanimous
with L. Spataro absent.
7/14/2006
RESOLUTION #2006- 63 (d)
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the alley in Block 304 ofthe City of Muskegon
Revised Plat of 1903, bounded by Laketon Avenue, Leahy Street, Larch A venue, and Hoyt Street;
and,
WHEREAS, the Plamring Commission held a public heating on July 13, 2006, to consider the
petition and, subsequently, recommended the vacation; and,
WHEREAS, due notice had been given of said hearing as well as the July 25, 2006, City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alley in Block 304 of the City of Muskegon Revised
Plat of 1903, bounded by Laketon Avenue, Leahy Street, Larch Avenue, and Hoyt Street, County
of Muskegon, State ofMichigru.1.
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley
vacated and discontinued, provided, however, that this action on the part of the City Commission
shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the
City or by any public service utility in the City of Muskegon operating in, over and upon said
portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in
full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will interfere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 25th day of July, 2006.
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga,
and Carter
Nays: Davis
Absent: None
Linda Potter, CMC
Acting City Clerk
CERTIFICATION
(Alley Vacation of the alley in Block 304 ofthe City of Muskegon Revised Plan of 1903)
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 July 25, 2006.
Linda Potter, CMC
Acting City Clerk
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 13, 2006
Hearing; Case 2006-25: Request to vacate the alley in Block 304 bounded by Laketon
Avenue, Leahy Street, Larch Avenue, and Hoyt Street, by Hackley Hospital.
BACKGROUND
Hackley Hospital has purchased all the homes in this block located in the southeast comer of
the hospital campus. The homes have been removed as part of the larger master plan to
expand the parking lot in the future. Vacation of the alley is necessary for these plans to move
forward.
The Fire Department has no issue with this request. Engineering had no comments on this
request. The DPW had the following comment:
1. We have a sanitary sewer in the alley that is no long in use. Hackley Hospital can
abandon the sewer or use it for future development.
Staff has received no comments regarding this request.
Former alley between Laketon Avenue and Larch Street
City of Muskegon
Planning Commission
Case # 2006-25 & 26
- - . . S"b)oo!f'roporly(l.,.)
DftHot;o•Nu
1000 F~el
STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation of the alley located in Block 304, bounded by Laketon Avenue,
Leahy Street, Larch Avenue, and Hoyt Street, be recommended to City Commission for
(approvalldenial), based on (compliance/lack of compliance), with the City's 1997 Master
Land Use Plan, with the following conditions:
1. All utility easements will be retained.
0:\Planning\COMMON\Zoning\City Commission Jtems\vacations\2006 Vacations\Case 2006-25 alley bbounded by Laketon, Leahy, Larch &
Hoyt.doc
Commission Meeting Date: July 25, 2006
Date: July 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Vacation of Leahy Sreet from Laketon To Larch Avenue, and
Larch Avenue from Hoyt Street to Leahy Street
SUMMARY OF REQUEST:
Request for the vacation of Leahy Street from Laketon to Larch Avenue, and Larch
Avenue from Hoyt Street to Leahy Street.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends the vacation of Leahy Street from Laketon to Larch Avenue and Larch
Avenue from Hoyt Street to Leahy Street, with the condition that all utility easement rights
be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the vacation at their 7/13/06
meeting, with the condition that all utility easements rights be retained. T. Harryman
opposed the request.
7/14/2006
CITY OF MUSKEGON
RESOLUTION #2006-63(e)
RESOLUTION TO VACATE PORTIONS OF PUBLIC STREETS
WHEREAS, a petition has been received to vacate Leahy Street fi·om Laketon A venue to Larch
Avenue, and Larch Avenue from Hoyt Street to Leahy Street, and
WHEREAS, the Planning Commission held a public hearing on July 13, 2006 to consider the
petition and subsequently recommended the vacations; and
WHEREAS, due notice had been given of said hearing as well as the July 25, 2006 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Leahy Street fi·om Laketon Avenue to Larch A venue and
Larch Avenue from Hoyt Street to Leahy Street; and
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of
street vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as to conflict with any fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over and
upon said portion of street hereby vacated, and it is hereby expressly declared that any such rights
shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the distw"bed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any structure. No struchrre
shall be placed in the easement which, in the sole judgment of the City, will interfere with the repair
or maintenance of utilities in the easement, public or private.
Adopted this 25th day of July, 2006.
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, and Carter
Nays: Davis
Absent: None
Linda Potter, CMC
Acting City Clerk
CERTIFICATE
01acation of Leahy Street from Laketon to Larch and Larch Avenue from Hoyt to Leahy)
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 July 25, 2006.
Linda Potter, CMC
Acting City Clerk
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
July 13, 2006
Hearing; Case 2006-26: Request to vacate Leahy Street from Laketon
Avenue to Larch Avenue, and Larch Avenue from Hoyt Street to Leahy
Street, by Hackley Hospital.
BACKGROUND
As stated in the previous case, Hackley Hospital has purchased all the homes in this block and
proceeded to demolish them for future expansion of their parking lot. The exact parking lot site plan
will be discussed in a subsequent case, but Leahy Street and Larch Avenue will no longer be needed
and will be incorporated into the parking lot as part of Hackley Hospital's master plan for their
campus.
The Fire Department has no outstanding issues with this request.
The DPW has the following comments:
1. We need to maintain a utility easement with building restrictions.
2. It is possible that the utilities in Leahy could be abandoned, however, Hackley Hospital would
need to conduct a fire flow study to determine if there would be adequate fire flows in the
event the water main in Leahy was abandoned.
3. Engineering had no comments regarding the request.
Staff has received no comments regarding this request.
Larch Ave. looking west from Hoyt Street. Leahy Street looking South from Larch Ave.
City of Muskegon
Planning Commission
Case# 2006-25 & 26
·~·
.
~~
I I 1--
~m r- -
- 1-- (J .-...oil! S"bjeo\Pi9port)'(lu)
i;; ;? D - Nolioo AJU
u .__ ,._
~ ffi
-"
r-
~ T ~
,--- ,--- w ELAKETON AV
1-- 11--
-
==
I
STAFF RECOMMENDATION
Staff recommends approval of the request, with the condition listed below.
DELIBERATION
I move that the vacation of Leahy Street from Laketon Avenue to Larch
Avenue, and Larch Avenue from Hoyt Street to Leahy Street be
recommended to the City Commission for (approval/denial, based on
(compliance/lack of compliance), with the City's Master Land Use Plan,
with the following condition:
1. All utility easements will be retained.
Commission Meeting Date: July 25, 2006
Date: July 17, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Siding Contractors for fiscal year
2006-2007
SUMMARY OF REQUEST: To approve Community and Neighborhood
Services to sign contracts with Top Notch Design, 4740 Jensen,
Fruitport and Gawlik Construction, 2084 Mary, Muskegon, to install vinyl
siding at an agreed price of $67.00 (Sixty-seven dollars) per building
square for the Vinyl Siding program's 2006- 2007 fiscal year.
The Community and Neighborhood Services office received 6 bids
total from vinyl siding installers.
• K & 0 Construction, 2122 Vindale, Muskegon
• Cutting Edge Construction, 766 Chatterson, Muskegon
• Frederick's Construction Inc, 1950 Commerce, Muskegon, and
• Obenauf DePender Construction, 4471 Tompkins Trail,
Muskegon
FINANCIAL IMPACT: Funding will be disbursed from the 2006 - 2007
Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITTEE RECOMMENDATION: The funding for the Vinyl Siding
program was approved by the Commission during the 2006-2007
allocation period last April.
Commission Meeting Date: July 25, 2006
Date: July 17, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Selection of Vinyl Siding Supplier for fiscal year
2006-2007
SUMMARY OF REQUEST: To approve the Community and
Neighborhood Services department's selection of the vinyl siding
supplier for the 2006 - 2007 fiscal year. After reviewing all bids, the
department selected the lowest bid by ABC Supply located at 123 West
Sherman Boulevard, Muskegon, for the price of $35.00 (Thirty-five
dollars) per building square for white and $36.00 (Thirty-six) per square
for color.
The Community and Neighborhood Services department received 2
additional bids from:
• Premier Building Products, Inc located at 2151 South Harvey
Street, Muskegon,$ 46.56 (Forty-six dollars and fifty-six cents) per
building square, and
• Keene Lumber Co. located at 346 West Laketon Avenue,
Muskegon, $46.50 (Forty-six dollars and fifty cents) per building
square.
FINANCIAL IMPACT: Funding will be disbursed from the 2006 - 2007
Community Development Block Grant Vinyl Siding fund.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve request.
COMMITIEE RECOMMENDATION: The funding for the Vinyl Siding
program was approved by the Commission during the 2006-2007
allocation period last April.
Date: July 25, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transfer of Clerical Unit Employees to MERS
SUMMARY OF REQUEST: The Clerical Union (approx 30 members) has voted in favor of
moving pension administration for their members to MERS - the Municipal Retirement System of
Michigan. The change will affect employees hired prior to 1/1/06; employees hired after this date are in a
DC plan). This is the fourth city employee group to opt to move to MERS (non-union, police patrol and
police command being the others).
FINANCIAL IMPACT: MERS provides a cost-effective solution for retirement system
administration. As the City faces tight budgets, it is essential that we seek out opportunities to maintain
or improve service levels while lowering costs. MERS provides such an opportunity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the attached resolutions moving Clerical unit
employees to MERS and authorize the Mayor, Clerk and other required city officials to sign the
documents necessary to implement this move. AI so, approval of the attached amendment to the
General Employees' Retirement System ordinance.
COMMITTEE RECOMMENDATION: None.
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR DEFINING ADA Y OF WORK OR
HOURS PER MONTH FOR MERS RETIREMENT PURPOSES
Note: To adopt the pat1-time to full-time employee service credit program under Pl an Document Section 4(6),
the governing body must adopt the Uni l(mn Resolution Delining I lou rs Per Month For Pmt-l iml.! l:mpiO\'l'C s
and Service Credit Conversion Upon Promotion to Full-Time Status.
In accordance with Section 3( I) of the MERS Plan Document, as the _C_i_t---'y~-----
Commission of the City of Muskegon
(Governing Body) (Municipality)
does hereby certify that a day of work, or the number of hours of work in a month, for
* Union-Clerical
- - - - - - - - - - -- - - -- - - -- - - -- - - - - f o r retirement purposes, shal l
(Indicate all employees or division name and number)
consist of one of the following to be effective as of _O_c_t_ o
_ b_e_r_ 1_ _---,-_____ 2006
(Date)
(Please complete either A or B)
A. ___ __ A day sha ll consist of hours.
(Ten (I 0) days a month of such work days equals one month of credited service.)
B. - - X
- - - A month shall consist of - --
1 50- - - hours.
(Each month of such work hours equals one month of credited service.)
I hereby certify that the above is a true copy of a Resolution adopted at the meeting of the
governing body held on _ _ _ ___J_u_l-"y"--2_5__....,.--------,--------- 2006
(Date)
Acting City Clerk
(Signature of Authorized Official) (Title)
RETURN TO: Municipal Empl oyees' Retirement System of Michigan
11 34 Muni cipal Way
Lansing, MI 489 17
* Public Employees of Southwestern Michiga n Clerical and
Technical Unit.
Resot- Day ofWork-09/30/03
MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
RESOLUTION FOR ADOPTING MUNICIPAL EMPLOYEES'
RETIREMENT SYSTEM OF MICHIGAN
DEFINED BENEFIT PROGRAMS
The City Commission of the City of Muskegon
--------~--~~~-----------
(Governing body) (Participating entity)
whose fiscal year is (month and day) January to December , desires to make
available to its eligible employees (as defined below) benefits provided by the Municipal
Employees' Retirement System of Michigan (MERS), as authorized by 1996 PA 220. Benefits
available are those provided under the Plan Document of 1996.
IT IS RESOLVED that pursuant to the Initial Actuarial Valuation dated
October 1 2006, by MERS' actuary, MERS benefits stated in Section I below
are to be provided to the following employee division (e.g., general, police and fire, DPW, union,
non-union): Union-Clerical
(Separate resolutions are required for each division)
*
Please note: If no Initial Valuation has been done by MERS' actuary on the specific benefit
program (or combination of programs) selected below; or the Initial Valuation is more than
one (1) year old at the time MERS' coverage becomes effective as pr-ovided under Section 4 of
this Resolution; then, per Retirement Board requirements, this resolution will not be
implemented until a current actuarial valuation is done by MERS' actuary and necessary
supporting contribution rates certified.
I. Benefit programs/formulae (e.g., B-2/ F55/ V-8 I FAC 3 I E-2) selected are:
B3 VS FAC3 f55/30 D2 RSSO
(If oth;r 11;.; sta;1d;rd M'ER~~~~~ b7nefits, su,-pp.=ort";,-=,.:.:,o=;;ll"-eo-"tiv-o"C"b,-,,~,;~,;-,g-,g-,co-,-me-occtto-,-"-"m-p-oo-y-;;th~i,-;;R-,."""'ol--:-uticcoo-c)~
2. The required employee contribution is 5 %. (May be any percentage in
hundredths of a percent, not to exceed ten [I 0] percent, unless higher rate IS
established by collective bargaining agreement accompanying this Resolution.)
3.1 Prior service credit with this municipality/court rendered previously by each covered
employee in the division is subject to and shall be credited as provided under Section
2C(3) of the MERS Plan Document and MERS Initial Actuarial Valuation and
Supplemental Valuation Procedure (as approved by the Retirement Board on
September 28, 1999), whose respective terms are incorporated by reference.
Choose only one:
A. ~All prior service from date of hire.
B. ~Portion of prior service (actual service up to-,------ years); or ____%.
C. ~Prior service proportional to assets transferred.
D. ~No prior service (if D selected, go to Section 4).
Resol Adopting MERS-09/28/99 Page I of2
3.2 The Initial Valuation discloses the actuarial reduction in the employer's future
contribution rate that will occur where assets of a preceding qualified plan (whether
defined benefit or defined contribution plan) and/or other source are transferred to
MERS.
3.3 In all asset transfers, the employer shall furnish MERS with all necessary and
specific information required by MERS on the allocation of employer and employee
contributions and investment earnings, along with taxable and nontaxable status on
the employee contribution portion.
4. The effective date of this Resolution for making deductions for the employee
contributions specified above, and for the payment of necessary employer
contributions to MERS, as required in the Plan Document, shall be the same date that
MERS' coverage begins, which is October 1 ,2~0
~0~6_ _
5. For municipalities, Plan Section 4 I requires adoption by affirniative vote of a
majority of the governing body; for courts, see Plan Section 41A. A complete copy
of the fully executed collective bargaining agreement (if applicable), and certified
copy of the complete official minutes or other official authorizing action for the open
meeting at which this resolution was adopted must be forwarded to MERS with this
resolution.
Certified this 2~ day of --------~-------------------
July , 2006
By: Title: __::.A
.:.=c--=-t-=-in
=-=g..,__C=-1=·--t"-"y.__C::.c:l=--e:c..::r::,.:.k"---------
Linda Potter
* Explanation of Codes in paragraph # 1
B3 (2.25% benefit multiplier).
V5 (5 year vesting period).
FAC3 (Fin~ I Average Compensation using an average of ones 3 highest consecutive years of
compensatiOn).
F551J? (Opportuni~ for ear!~ retirement at age 55 with .30 years of credited service).
D2 (Rider tl~at provides addttwnal I0 years of service to those who die or become disabled on the job to im
overall maximum of30 years credited service). '
RSSO (Pro~ides 50% Survivor Benefit on retirement allowance for those selecting the Straight Life pension
benefit optwn).
Resol Adopting MERS-09/2 8/ 99 l'~ge 2 of2
City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No. 2198
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 62-34 of the Code of Ordinances of the City of Muskegon concerning the General
Employee Retirement System is amended to state as follows:
(a) A person who is in the employ of the city in a membership position shall be a
member of the retirement system. A membership position is a city position normally requiring
I ,500 or more hours of work in a calendar year, except as provided in subsection (b) of this
section.
(b) The following types of city employment are not membership positions:
(l) Contractual employment;
(2) Employment compensated on a fee basis;
(3) Employment as an elected official; and
(4) Employment as a policeman or fireman as defined by the city police-
fire retirement system established and maintained in accordance with Chapter
XIX of the Charter of the city.
(c) A member who ceases to be employed by the city in a membership position shall
thereupon cease to be a member.
(d) The membership of the retirement system shall not include city non-union
employees who become employed by the City after July I, 2005, and city non-union employees
who elect to transfer their interest in the City's defined benefit plan to the City's defined
contribution retirement system effective January I, 2006.
(e) The membership of the retirement system shall not include city non-union
employees who became employed by the City before July I, 2005, and who participate in the
Municipal Employee's Retirement System Defined Benefit Plan.
(f) The membership of the retirement system shall not include city employees who
are members of the Public Employees of Southwestern Michigan Clerical and Technical Unit
("Clerical Union") and become employed by the City after January l, 2006, and Clerical Union
members who elect to transfer their interest in the City's defined benefit plan to the City's
defined contribution retirement system effective May 31, 2006.
(g) The membership of the retirement system shall not include city employees who are
members of the Public Employees of Southwestern Michigan Clerical and Technical Unit
("Clerical Union") who became employed by the City before July 1, 2005, and who participate
in the Municipal Employee's Retirement System Defined Benefit Plan.
(h) fg1 The membership of the retirement system shall not include city employees
who are members of the LocalS 17M, Unit 2, of the Service Employees International Union
("Local 517M Union") and become employed by the City after January I, 2006, and Local 517M
Union members who elect to transfer their interest in the City's defined benefit plan to the City's
defined contribution retirement system effective November 30, 2006.
(i)W The board of trustees shall decide all questions concerning the membership
status of any person.
OJ fi1 The city manager may elect to be excluded from membership in the retirement
system. The election shall be made in writing in the form prescribed by the retirement system
within 90 days after the date the individual becomes city manager. As used in this subsection,
"city manager" means the individual who is appointed by, serves at the pleasure of and is
designated by the city commission to be the city manager. The following conditions shall apply
to a city manager regarding membership in the retirement system:
(I) If the city manager fails to elect to be excluded from membership in the
retirement system within 90 days after becoming the city manager, the city manager
shall remain a member of the retirement system.
(2) Upon becoming a member in the retirement system, the city manager shall not
have the option to elect to be excluded from the retirement system unless the election is
made within the 90-day period.
(3) If the city manager elects to be excluded from membership in the retirement
system, the city manager may not revoke that election nor become a member of the
retirement system on account of employment by the city.
(4) If an individual employed by the city and a member of the retirement system is
appointed city manager, the individual shall remain a member of the retirement system
unless the individual elects in writing within 90 days after the date appointed as city
manager to be excluded from membership in the retirement system. If such individual
was previously a member in the retirement system and elects to be excluded from
membership, the following conditions shall apply:
a. The individual shall be paid the individual's accumulated contributions,
and all credited service shall be forfeited unless he elects to be deferred under
subsection (e)(4)d. of this section.
b. The individual may not again become a member of the retirement
system on account of employment by the city.
c. The individual's forfeited credited service and any service rendered the
city while the individual was excluded from membership shall never be reinstated
or credited to the individual.
d. Instead of proceeding under subsections (e)(4)a., b. and c. of this
section, a previously employed individual who has enough years of credited
service to be vested in the plan at the time of such election within 90 days after
appointment as city manager may elect to terminate participation in the plan and
remain vested therein as in the case of a deferred retiree and receive benefits
accordingly which are limited by the years of credited service at the time of the
election. In such case, no withdrawal of employee contributions shall be allowed.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierengo, Carter, Davis , Gawron, Shepherd
Nays:_N_o_n_e____________________________________________________
Adoption Date: _ _ 7_-_25_-_0_6_ _ _ _ __
Effective Date: 8-8-06
-----------------------
First Reading: _____
7_-2_5_-_0_6_____________
Second Reading: ___N...:..../_A_________________
CITY OF MUSKEGON
By ~
Linda Potter, CMC
Acting City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Ci~hCommission ofthe City of Muskegon, at a regular meeting ofthe
City Commission on the 2~ day of July , 2006, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.
DATED: July 25 '2006
Linda Potter, CMC
Acting City Clerk
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on July 25 , 2006, the City Commission of the City
of Muskegon adopted an amendment to Section 62-34, Membership of Retirement System, under
the General Employee Retirement System ordinance of the City of Muskegon, summarized as
follows:
(g) The membership of the retirement system shall not include city employees who are
members of the Public Employees a,( Southwestern Michigan Clerical and Technical Unit
("Clerical Union") who became employed by the City before July 1, 2005, and who participate
in the Municipal Employee's Retirement System Defined Benefit Plan.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business
hours.
This ordinance amendment is effective ten (I 0) days from the date of this publication.
CITY OF MUSKEGON
Published: _coJ~u~lyr..__o2c:;9_ _ _ , 2006 By___________________~
Linda Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
AGENDA ITEM
CITY COMMISSION MEETING DATED July 25, 1006
To: Honorable Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: July 18, 2006
Re: Multiple S~ecial Event Alcohol License within the City of Muskegon on
August 181 ', 2006. Request received from Serra Club of Greater
Muskegon
SUMMARY OF REQUST:
Leisure Services has received a Special Event request from Serra Club of Greater
Muskegon. They are requesting a special liquor license to be able to serve alcohol at their
annual fundraiser to be held at Muskegon Catholic School. The Leisure Services Board
has already approved a license for a Party in the Park to be held on the same date.
Commission action required.
FINANCIAL IMP ACT:
None
BUDGET ACTION REQUIRED:
None
COMMITTEE RECOMMENDATION:
Commission action required.
MEMORANDUM
To: Mayor and City Commission
From: Lee Slaughter, Assistant City Manager
Date: July 19,2006
Re: Revised Special Events Policy
SUMMARY OF REQUEST:
The City Commission referred the following sections of the Special Events Policy to the
Leisure Services Board for their review and action:
1. Second paragraph of the Special Events Policy- change the second paragraph,
first sentence, by adding "or this provision is waived by the City Commission".
2. Section III (g)- it was suggested that the language be revised to "have a person
at each station during the serving of beverages that has had alcohol awareness
training."
3. Section IV (a)- it was suggested that the language be revised to include ... "the
Leisure Services Director, or City Commission".
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
COMMITTEE RECOMMENDATION:
The Leisure Services Board Recommends approval of the revised Special Events Policy.
CITY OF MUSKEGON
SPECIAL EVENTS/SPECIAL ALCOHOL LICENSE POLICY
INTRODUCTION
Throughout the year, the City of Muskegon is asked by various organizations to supply
vmious Services for special events, including the approval of special liquor licenses.
While the Police Chief must sign all alcohol-related requests, several other depmiments
get involved in the process, including the Department of Leisure Services. This policy
centralizes the administration of special liquor licenses and special events with the
Department of Leisure Services and provides rules and regulations to govern both the
granting of the special request and the on-site administration of the event. The final
authority for signing the special liquor licenses, however, remains with the Police Chief.
In the best interest of the city, this policy allows for only one(!) special alcohol license
for outdoor events on any given night in the City of Muskegon, unless a specific event
needs more than one license, or unless tile provision is waived bv the City Commission.
Licenses will only be granted for events sponsored by non-profit charitable or service
organizations involving broad community support, and not for private profit-making
activities. For profit organizations being sponsored by or in partnership with a non-profit
organization(s); to qualifY for a liquor license shall award the non-profit organization at
least 50% of the total proceeds from all liquor sales. The following events are expected,
tmder normal circumstances to have licenses granted annually.
a. Memorial Day Spectacular
b. Ten Pmiies-in-the-Park
c. Summer Celebration
d. Shoreline Spectacular
e. Steak and Blues
f. Up to two additional beer tent days per month from
Memorial Day to Labor Day
g. Only three days per month for outdoor events after Labor Day and
before Memorial Day and they must be on consecutive days.
h. Family Clu·istmas at Hackley Park (Fun Inc.)
PROCEDURE FOR REQUESTING A SPECIAL EVENT PERMIT
I. All requests for a special permit shall be filed with the Department of Leisure
Services at least sixty days prior to the event, along with your proof of insurance
for the event naming the City as additionally insured (see item III )(c).
a. A fifty dollar ($50.00) administration fee must accompany the
request.
b. Applicm1ts submitting the application 59-45 days before the event
will be charged $150.
c. Applicants submitting the application 44-30 days before the event
will be charged $250.
d. Applicants submitting the application 29 days or less before the
event will be charged $450.
e. Failure to apply sixty (60) days prior to the event is cause to deny
the request.
Amendment to Special Event Policy-Effective February 8, 2005
The City Commission has detennined that the Special Event permit application fee will
be waived for Veteran Groups and the Neighborhood Associations. However, requests
from either group for special events services that result in ovetiime costs or undue
burden to the City will not be waived. 2005-12 (j)
II. The request for a special penni! shall be in writing and must be submitted on the
appropriate application form. Application for outdoor special liquor licenses shall
be for beer and wine only.
III. All special pe1mittees agree to the following:
a. While a Police Officer's presence may not be required at all special
events, it shall be at the discretion of the Chief of Police as to
whether or not, and how many, City Police Officers will be
required at any special event. Event sponsors will be responsible
for payment of officer(s) service based on the time-and-one-half or
triple time established rate pins benefits and all overhead cost.
b. For all alcohol-related events, the applicant will provide a system
of Checking I.D.'s to prohibit underage drinking.
c. Where the event is being held in the City of Muskegon, the
applicant shall provide an amount of insurance as set by the City
for liquor liability and general liability insurance, naming the City
as an additional insured. The language should read similar to the
following: "The City of Muskegon, all elected and appointed
officials, employees, volunteers, and others working on behalf of
the CITY OF MUSKEGON is named as additional insured". An
acceptable certificate of insurance must be submitted prior to
approval.
d. All outdoor events shall provide adequate restroom (port-o-jon)
facilities including adequate handicapped accessible facilities.
e. Hours of operation shall be posted in the beverage serving area.
f. For alcohol events, the applicant shall agree to stop selling drink
tickets at 10:30 P.M., stop pouring beverages at II :00 P.M., and
have the area cleared by II :30 P.M.
g. The applicant shall provide evidence and certification that the
organization shall at all times have a person at each station during
the serving of beverages that has had alcohol awareness training.
pouring beer or selling beverages that have received alcohol
awareness training at eve1y serving station. (The applicant shall
provide evidence and certification to the City that persons pouring
beer or selling beverages have received alcohol awareness
training.)
h. Checking for underage drinking and over consumption of patrons
is the responsibility of the sponsoring group, not the police.
1. Where the event is held on city owned or controlled prope1iy, the
2
Applicant shall be responsible for all clean up of city facilities after
an event, and for providing a dumpster. If the event is on other
property, the cleanup shall be the responsibility of the owner. The
city shall have the right to enforce cleanup measures, including but
not limited to entry and cleaning by city personnel and charging
and liening the cost to the owner, occupant, or applicant or all of
them.
J. The applicant shall reimburse the city for all out-of-pocket
expenses related to the set-up or clean up of the event, including
overhead costs.
k. Failure to comply with all city rules and regulations may result in
the denial of future requests.
I. Digging or staking on grounds will be cleared through Miss Dig.
A minimum of a 5 working day notice is required. The sponsoring
agency is responsible for contacting Miss Dig (1-800-482-7171),
and paying for any damage of underground utilities created by
digging or staking.
111. City Staff may require a meeting with event sponsors where City
staff needs clarification of service (s) requested. Failure to attend
the meeting could result in the denial of the request.
n. Understand that the event location is subject to all building,
plumbing, mechanical, electrical, and fire codes. The pe1mit tee
will schedule an inspection by any and all required inspectors and
pay the inspection fee as set by the City Commission in the
adopted fee schedule. It may be possible that a fire watch will be
required by the Fire Marshal. The licensee is responsible for all
costs associated with providing this service, including but not
limited to current wage rate plus benefits and all overhead costs.
IV. HANDLING OF REQUESTS
a. The Leisure Services Board, Leisure Services Director, or the Citv
Commission shall review all requests for special pe1mits, except as
otherwise provided by this policy.
I. Any indoor facility may need an inspection before approval can be
granted.
2. The Board shall approve, deny, or table all requests at the Board
Meeting following the receipt of the request.
3. That reviews by other depmiments shall be provided in copy form
to the Leisure Services Board.
b. Where the applicant proposes an indoor alcohol event occmring after
Labor Day or before Memorial Day, it shall be reviewed by the staff and
other departments ofthe City and Leisure Services Board review shall not
be necessary, unless City park or recreation facilities are proposed to be
used for the event.
c. Where the Leisure Services Board reviews an application and denies
same, it shall state in writing the reasons for the denial. An appeal of that
decision may be made to the City Commission whose decision shall be
final.
3
d. Where an existing Liquor Control Commission licensee applies for a
special license, the review shall be made by the staff and other
departments of the City as needed before the Police Chief's decision. Any
moneys owed the City could be reason for denial.
e. All requests that include road closings shall go the traffic Committee for
review prior to final approval, denial, or tabling by the Leisure Services
Board. The sponsoring agency will be responsible for all associated costs.
The Traffic Committee meets monthly on the second Friday. Applicants
must provide a map showing the proposed route for walks, runs, parades,
etc. for pre-approval before the event can be approved by the Leisure
Services Board.
f. Sales of all items for Special Events must be out of the public right-of-
way. Street sales of newspapers, poppy's, etc. shall not be allowed except
for those events that have existed before September 1, 1996, which will be
allowed as long as they exist. These events include: The Old Newsies,
Muskegon High School Band Tag Sale, The Veteran's Poppy sale, and the
Kiwanis.
******************************************************************
INSURANCE REQUIREMENTS
High degree of risk (H) $1,000,000
Medium degree of risk (M) 500,000
Low degree of risk (L) 300,000
Event minimum requirements:
Parties-in-the-Park (H) Parades (M)
Carnivals (H) Block Parties (L)
Organized Walks/Runs (H) Summer Celebration (H)
Shoreline Spectacular (H) Winterfest (H)
Cmporate Cup Events (L) Fireworks (H)
Bike Races (M) Alcohol licenses (H)
Any other events using City streets and/or sidewalks (H)
LOW RISK
No physical activity by participants and no severe exposure to spectators, such as:
indoor or outdoor meetings, small theatrical performances, auctions, and social
gatherings (no alcoholic beverages)
MEDIUM RISK
Limited physical activity by participants and no severe exposure to spectators, such
as dances, animal shows, political rallies, flea markets, picnics, parades with no
floats, and family type concerts. (Crowd size of events-under 10,000)
4
HIGH RISK
Major participation by participants and/or moderate to severe exposure to
spectators, such as team or individual sporting events (non-professional), circuses
and carnivals with rides, parades with floats, and marathons or similar races. (Any
event with crowd size of over 10,000 but under 25,000)
0:\LEISURE\Ackerberg\Special Events Policy.docLast updated 7119/2006 9:07AM
5
DATE: July 14, 2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-060014
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1608 Elwood- Area 13 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-060014- 1608 Elwood
Location and ownership: This structure is located on Elwood between E. Dale
and E. Forest and is owned by Robert J. Smith, 1608 Elwood., Muskegon, Ml
49442
Staff Correspondence: A dangerous building inspection was conducted on
03/24/06. The Notice and Order to Repair was issued on 04/19/06. On 06/01/06
the HBA declared the structure substandard and dangerous.
Owner Contact: Notices were sent to Robert J. Smith certified mail to 1608
Elwood and all correspondence have come back vacant with no forwarding
address. No permits have been issued and no owner contact.
Financial Impact: General Funds
Budget action required: None
State Equalized value: 15,000
Estimated cost to repair: $15,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 25, 2006.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA -1608 Elwood.doc page 1 of 1
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Tuesday, March 28, 2006
Enforcement# EN060014 Property Address 1608 ELWOOD ST
Parcel #24-185-100-0001-00 Owner SMITH ROBERT J
Inspector: Henry Faltinowski
Date completed: 03/24/2006
DEFICENCIES:
Uncorrected
1. Rebuild front and back entry porches.
2. Replace damaged siding.
3. Replace damaged roof covering.
4. Repair foundation walls, tuck point block, replace damaged block.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
...
t to o r ll~c.Uoc::,a0 :s/:>~ /XJJ ~ o, $ ,
INSPECTION SUMMARY
FOR : 1608 ELWOOD
The home is a single family dwelling on a corner lot sitting across the street from one of
the City owned and maintained cemeteries.
The home has been abandoned for over six months and boarded up. No attempt for
repairs have started at this point.
The front and back entry porches have been neglected from maintenance through the
years causing continual structural failure. The siding on the home continues to
deteriorate due to lack of maintenance and weather exposure. Foundation walls at this
point appear to be stable, but exposed mortar joints in block will enhance structural
problems. The roof system needs to repel/resist weather elements or continuous failure
will occur.
DATE: July 14, 2006
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-060019 -1168
Ambrosia (Garage Only)
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1168 Ambrosia (Garage)- Area 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN-060019- 1168 Ambrosia (Garage Only)
Location and ownership: This structure is located on Ambrosia between Isabella
and Catherine and is owned by Arthur/Ricky Jackson, P.O. Box 1045, Spring, TX
77383
Staff Correspondence: A dangerous building inspection was conducted on
04/19/06. The Notice and Order to Repair was issued on 04/26/06. On 06/01/06
the HBA declared the structure substandard and dangerous.
Owner Contact Notices were sent to Arthur/Ricky Jackson certified mail to
20214 Lions Gate Ln, Humble, TX 77338 and all correspondence have come
back unclaimed, a forwarding address to P.O. Box 1045, Spring, TX 77383 was
just received. No permits have been issued and no owner contact.
Financiallmpact: CDBG
Budget action required: None
State Equalized value: $2,700
Estimated cost to repair: $5,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 25, 2006.
C:\Documents and Settings\Potter\Local SettingsU'emporruy Internet Files\OLKIA\AGENDA ·1168 Ambrosia (Garage).docpage 1 of 1
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, April 19, 2006
Enforcement# EN060019 Property Address 1168 AMBROSIA ST
Parcel #24-205-249-0003-10 Owner JACKSON ARTHUR/RICKY A
Inspector: Henry Faltinowski
Date completed: 04/19/2006
DEFICENCIES:
Uncorrected
1. Roof system on garage must be replaced. Rafters, sheathing, roof
covering, fascia.
2. Replace gable and exterior sheathing and protect wood from weather.
3. Tuck point wall block, paint entire perimeter of garage.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, Ml49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
Henry Faltinowski, Building Inspector Date
)
)()
'
INSPECTION SUMMARY
FOR: 1168 AMBROSIA (Garage)
This is a 20 X 20 Block building. It is the only structure on the property. The roof
covering on this building has deteriorated to a point that the roof sheeting and the roof
rafters have rotted to a point that the roof is no longer structurally sound. If left exposed
to the elements the roof structure will fail
The fascia on this building is rotted away allowing birds to enter the building.
The siding on the gable ends of the building above the block walls, is exposed to the
weather and is continuing to rot away.
The block walls while cunently sound do need to be tuck pointed. There is some
evidence that water is starting to attack the block walls from the surface (not properly
painted) as well as from the failed roof above.
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: July 19, 2006
RE: Accept Resignation of City Clerk
SUMMARY OF REQUEST:
To accept the resignation of Gail Kundinger, City Clerk, and to appoint Linda Potter as
Acting City Clerk.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the request.
COMMITTEE RECOMMENDATION:
None.
pb/0/AGENDA- CITY CLERK RESIGNATION & ACTING APPT 071906
Sign up for City of Muskegon Emails