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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 22, 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. Aooroval of a Neighborhood Enterprise Zone Certificate - 1293
Marquette. PLANNING & ECONOMIC DEVELOPMENT
C. Vacation of the Northerly Unimproved Portion of Wells Avenue.
PLANNING & ECONOMIC DEVELOPMENT
D. FIRST READING: Zoning Ordinance Amendment to the Zoning
Ordinance for Residential Design Criteria - Roof Pitch. PLANNING &
ECONOMIC DEVELOPMENT
E. FIRST READING: Rezoning Request for Properties Located at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue. PLANNING &
ECONOMIC DEVELOPMENT
F. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance
for Window Signage. PLANNING & ECONOMIC DEVELOPMENT
G. Purchase of 1581 Division. COMMUNITY & NEIGHBORHOOD SERVICES
H. Approval of Contractor for Construction of House at 280 lona.
COMMUNITY & NEIGHBORHOOD SERVICES
I. Purchase Agreement with Muskegon County for C Station.
ENGINEERING
o PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - SAPPI.
PLANNING & ECONOMIC DEVELOPMENT
B. Review 2005-2006 Consolidated Annual Performance Evaluation
Report. COMMUNITY & NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Request for Final Planned Unit Development Approval for Terrace lots.
PLANNING & ECONOMIC DEVELOPMENT
B. Tool & Die Recovery Zone Status for Eagle Aluminum Cast Products.
PLANNING & ECONOMIC DEVELOPMENT
C. Tool & Die Recovery Zone Status for Beckstrom Mold Technology. Inc.
PLANNING & ECONOMIC DEVELOPMENT
D. Designation of Voting Delegates for the Michigan Municipal league
Annual Business Meeting. CITY CLERK
E. Purchase of 466 Mulder. COMMUNITY & NEIGHBORHOOD SERVICES
F. Approval of Sale of City Owned Home at 458 Mulder. COMMUNITY &
NEIGHBORHOOD SERVICES
G. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish the Following: PUBLIC SAFETY
1282 Terrace (Area 11 b)
500 Amity (Area 11 )
1114 E. Dale
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
)> Reminder: Individuals who would fike 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 file C11air.
)> Step forward to the microphone.
)> State name and address.
> Limit of 3 minutes to address the Commission.
) (Speaker representing a group may be allowed JO minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT LINDA
POTTER, ACTING CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD:
(231)724-4172_
Date: August 22, 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 August yth
Commission Worksession, and the August 81h Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 22, 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, August 22, 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
Acting City Clerk Linda Potter.
2006-70 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes for the August 7th Commission
Worksession, and the August 8th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
C. Vacation of the Northerly Unimproved Portion of Wells Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of the Northerly unimproved
portion of Wells Avenue, located on the campus of Mercy General HospitaL
Oak Campus.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the Northerly
unimproved Wells Avenue, with the condition that all utility rights be retained.
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended the vacation, with B. Smith absent, with the condition as listed
above.
D. FIRST READING: Zoning Ordinance Amendment to the Zoning
Ordinance for Residential Design Criteria - Roof Pitch. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2319 (#2) of Article XXIII
(General Provisions) to amend the Residential Design Criteria.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the Residential Design Criteria regarding the roof pitch.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their August 1Qth meeting. The vote was
unanimous in favor of the amendment, with B. Smith absent.
E. FIRST READING: Rezoning Request for Properties Located at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the properties located at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue from B-4, General Business District
to R-1, One Family Residential 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 August 1Qth meeting. The vote was unanimous,
with B. Smith absent.
G. Purchase of 1581 Division. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1581 Division from the U.S.
Department of Housing and Urban Development for $1 through its Good
Neighbor program. In which, a municipality can purchase a home for one
dollar, if a property is on the market for more than six months.
After 1581 Division is obtained, the City will contract to have the house totally
rehabilitated then sell it to a qualified family continuing the City's aggressive
neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from Community and Neighborhood
Services HOME program income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the home for
$1.
H. Approval of Contractor for Construction of House at 280 lona.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with De Rose Builders Inc., of
7786 Wiczer Drive, Fruitport. Ml for the construction of the new home to be
located at 280 lona for the cost of $97,87 6. After the construction is completed,
the new home will be sold to a qualified first-time homebuyer, continuing the
City's aggressive neighborhood revitalization efforts under the Operation
"Metamorphosis: A Change from Old to New".
The City obtained the original house at 280 lona from the State of Michigan. The
house was later demolished because it was deemed not cost effective for
rehabilitation.
The City received four other bids:
• Diamond Development Inc., 6820 Lakita Drive, Fruitport. Ml for $99,950.
• J2 Construction, 109 West Laketon Avenue, Muskegon, Ml for $119,866.
• Obenauf DePender Construction LLC, 4471 Thompkins Trail, Muskegon, Ml
for $120.296.
• Top Notch Design Contractors, 47 40 Jensen Road, Fruitport. Ml for
$122,000.
FINANCIAL IMPACT: The funding for the project will be taken from the City's
2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Community and Neighborhood Services
office to develop a contract with De Rose Builders, Inc. and direct the Mayor
and Clerk to sign the contract.
I. Purchase Agreement with Muskegon County for C Station.
ENGINEERING
SUMMARY OF REQUEST: Approve the purchase agreement with Muskegon
County for parcels A. C, D & E and terminate the reverter clause on parcel B as
shown on the drawing and authorize the Mayor and Clerk to execute said
agreement. The total purchase price is $93,840.50.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the purchase agreement.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to accept
the consent agenda as presented minus items B and F.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-71 ITEMS REMOVED FROM THE CONSENT AGENDA:
B. Aooroval of a Neighborhood Enterprise Zone Certificate - 1293
Marquette. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: An application for a Neighborhood Enterprise Zone
(NEZ) certificate has been received from Pierre and Tondalaya Tyson for the
new construction of a home in the Marquette neighborhood at 1293 Marquette
Avenue. The property is located in a Neighborhood Enterprise Zone for new
construction. The application states that the estimated cost for construction will
be $191 ,537 in materials. The applicant has met local and state requirements for
the issuance of the NEZ certificate. Approval or denial by the City Commission is
required within 60 days of the application date and must be forwarded to the
State Tax Commission.
FINANCIAL IMPACT: Taxation will be 50% of the State average for the next 12
years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve issuance of the NEZ certificate.
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the Neighborhood Enterprise Zone Certificate for 1293 Marquette.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
F. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance
for Window Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (#5, h.) of Article XXIII
(General Provisions) to amend the sign ordinance language to clarify window
signage allotments.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the sign ordinance language clarifying window signage
allotments.
COMMITEEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their August 1Qth meeting. The vote was
unanimous in favor of the amendment. with B. Smith absent.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
first reading of the Zoning Ordinance amendment to the sign ordinance for
window signage.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
2006-72 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate - SAPPI.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, SAP PI,
has requested the issuance of on Industrial Facilities Exemption Certificate for
the property located at 2400 Lakeshore Drive, Muskegon. The total capitol
investment is approximately $4,173,595 in personal property. This request
qualifies SAPPI for a term of seven years for personal property.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting on Industrial
Facilities Exemption Certificate for a term of seven years for personal property.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Commissioner Shepherd to close
the Public Hearing at 5:55 p.m. and approve the request for an Industrial
Facilities Exemption Certificate for $4,173,595 in personal property for a term of
seven years for SAP Pl.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
B. Review 2005-2006 Consolidated Annual Performance Evaluation
Report. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on August 22, 2006, to
review accomplishments and receive comments from the public concerning
the 2005 - 2006 Consolidated Annual Performance Evaluation Report (CAPER)
developed by the Community and Neighborhood Services Deportment.
After the public hearing has been conducted and all the comments hove been
documented; the Community and Neighborhood Services office requests that
the Commission direct the staff to submit the required documents to the U. S.
Department of Housing and Urban Development (HUD) in compliance with 24
CFR 91.520, by no sooner than August 31, 2006.
FINANCIAL IMPACT: The City is required to submit the CAPER report in order to
continue receiving Community Development Block Grant and HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to gather comments from the public
and to submit the CAPER to HUD after the public comment period has elapsed.
The Public Hearing opened at 6:11 p.m. to hear and consider any comments
form the public. No public comments were heard.
Motion by Vice Mayor Gawron, second by Commissioner Shepherd to close the
Public Hearing at 6:12 p.m. and direct staff to gather public comments and
submit the Consolidated Annual Performance Evaluation Report to Housing and
Urban Development after the public comment period has elapsed.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-73 NEW BUSINESS:
A. Request for Final Planned Unit Development Approval for Terrace Lots.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval at the Terrace Lots for a mixed use retail and commercial
development. The request is by Carl Miskotten, Downtown Muskegon Believers,
LLC.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Stoff recommends final approval of the PUD
provided that the conditions listed in the resolution ore met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the Preliminary PUD and the final PUD, with the conditions listed on
the resolution, at their August 10, 2006, meeting. The vote was approved by
majority vote, with T. Harryman voting no, and B. Smith absent.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the final Planned Unit Development for Terrace Street lots with
remaining conditions as recommended by staff.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
B. Tool & Die Recovery Zone Status for Eagle Aluminum Cast Products.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Eagle Aluminum Cast
Products, for property located at 664 W. Clay Street.
FINANCIAL IMPACT: The loss to all units would be over $181 ,000. This property is
located in the Downtown Development authority but City staff has been unable
to calculate the impact on the DDA's budget. In addition, any future
investments would be tax exempt also.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Tool & Die Recovery Zone status for Eagle Aluminum Cast Products
at 664 W. Clay Street.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
C. Tool & Die Recovery Zone Status for Beckstrom Mold Technology, Inc,
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Beckstrom Mold
Technology, Inc., 771 Access Hwy.
FINANCIAL IMPACT: The City will forgo approximately $68,075 in taxes for the 15
year period of the zone. In addition, any future investments would be tax
exempt also.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone, and authorize the Mayor
and Clerk to sign.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the Tool & Die Recovery Zone status for Beckstrom Mold Technology, Inc., at 771
Access Hwy.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
D. Designation of Voting Delegates for the Michigan Municipal League
Annual Business Meeting. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as on official
representative to cost the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Gawron, second by Commissioner Wierengo to designate
Commissioner Shepherd as the official representative for the Municipal League
Annual Business Meeting.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
E. Purchase of 466 Mulder. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 466 Mulder (Revised Plot
1903 lot 6 Block 18) from Arburt Golidy and Billie J. Quinn for the agreed upon
price of $2,625.
After 466 Mulder is obtained, the City will combine the lot with the parcel at 458
Mulder. The Community & Neighborhood Services office is currently completing
a rehabilitation project at that site. By adding the additional land, the future
buyer of the house at 458 Mulder will now hove added yard for possible later
expansion and/or a garage.
FINANCIAL IMPACT: The funding for the purchase will be token from program
income produce from the sole of the CNS properties.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the parcel.
Motion by Commissioner Carter, second by Commissioner Spataro to approve
the purchase of the lot at 466 Mulder.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
F. Approval of Sale of City Owned Home at 458 Mulder. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of 458 Mulder to Ms. Angela D.
Major of 1170 Allen Avenue for the purchase price of $63,500. The house at 458
Mulder was donated to the City of Muskegon. At the time the Community &
Neighborhood Services office obtained the structure, it was a non-conforming
two-unit in a single-family zoned neighborhood. The Community &
Neighborhood Services office contracted to have the house rehabilitated back
to a single-family home, under the program Operation "And Two Shall Become
As One". Ms. Major will be purchasing this as on owner-occupied resident.
FINANCIAL IMP ACT: The program income derived from the sale will be
deposited in the City's HOME account.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the sole to Ms. Major and direct the
Mayor and Clerk to sign the resolution.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the sale of the city owned home at 458 Mulder to Ms. Angela D. Major for
$63,500.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
G. Concurrence with the Housing Board of Aooeals Notice & Order to
Demolish the Following: PUBLIC SAFETY
1282 Terrace (Area llb)
500 Amity (Area 11)
1114 E. Dale
SUMMARY OF REQUEST: This is to request City Commission concurrence with the
findings of the Housing Board of Appeals that these structures ore unsafe,
substandard, public nuisances and that they be demolished within 30 days. It is
further requested that administration be directed to obtain bids for the
demolition of the structures and that the Mayor and City Clerk be authorized
and directed to execute a contract for the demolitions with the lowest
responsible bidder.
FINANCIAL IMPACT: 1282 Terrace- CDBG Funds; 1114 E. Dole and 500 Amity-
General Funds.
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 notice and order to demolish 1282 Terrace.
ROLL VOTE: Ayes: Shepherd, Spataro, Wormington, Wierengo, Corter, Davis,
and Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Carter, second by Commissioner Spataro to concur
with the Housing Board of Appeals notice and order to demolish 1114 E. Dale.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals notice and order to demolish 500 Amity.
Motion by Commissioner Shepherd, second by Commissioner Spataro to table
the concurrence of the Housing Board of Appeals for 500 Amity for 30 days.
ROLL VOTE: Ayes: Warmington, Wierengo, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION TO TABLE PASSES
ANY OTHER BUSINESS: Commission discussed various items.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 6:46 p.m.
Respectfully submitted,
Linda Potter, CMC
Acting City Clerk
Commission Meeting Date: August 22, 2006
Date: August14,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (Jbl
RE: Vacation of the Northerly Unimproved Portion of Wells
Avenue
SUMMARY OF REQUEST:
Request for the vacation of the Northerly unimproved portion of Wells Avenue, located
on the campus of Mercy General Hospital, Oak Campus.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the Northerly unimproved Wells Avenue, with the
condition that all utility rights be retained.
COMMITIEE RECOMMENDATION:
The Planning Commission unanimously recommended the vacation, with B. Smith
absent, with the condition as listed above.
8/14/2006 1
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 10, 2006
Hearing; Case 2006-30: Request to vacate the Northerly unimproved section of Wells Avenue,
by Randall White, Scholten Fant, representing Mercy General Hospital.
BACKGROUND
This request involves a private street within the Mercy General Oak campus. This street, along
with some others in the area, was platted and developed in the 1970s as part of the hospital's
office complex development. It was recently discovered that the actually property description of
the street and abutting properties doesn't match where the street is physically located. In an
attempt to amend the plat, the hospital must vacate the undeveloped portion of the street, which
is actually located in the front yards of some of the buildings along Wells Street. No physical
changes will take place as a result ofthis vacation, only a replatting of the street and parcels
located along the street.
Randall White, of Scholten Fant, will be present at the meeting to give a more detailed
explanation of the issues.
DPW has no issues with the request, as along as no changes are made to the street.
Staff has received no comments regarding this request.
City of Muskegon
Planning Commission
Case# 2006-30
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STAFF RECOMMENDATION
Staff recommends approval of the request.
DELIBERATION
I move that the vacation ofthe Northerly unimproved section of Wells Avenue, be
recommended to City Commission for (approval/denial), 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.
CITY OF MUSKEGON
RESOLUTION #2006-70(c)
WHEREAS, Trinity Health- Michigan, as an owner, is pursuing the amendment to
OSTEOPATHIC MEDICAL PLAT NO.2 located within the City ofMuskcgon; and
WHEREAS, a petition has been received to vacate the unimproved p011ion of Wells Avenue and
relocate a portion of Wells Avenue for the purpose of eliminating cet1ain existing
encroachments; and
WHEREAS, Wells Avenue is a private street being dedicated to the lot owners of
OSTEOPATHIC MEDICAL PLAT NO.2 and adjacent OSTEOPATHIC MEDICAL PLAT NO.
I, with City utility easements within the plat for sewer and water service; and
WHEREAS, the proposed relocation of a portion of Wells Avenue will not impair said
easements; and
WHEREAS, it is in the public interest and general health, safety, and welfare to approve the
proposed replat;
WHEREAS, the Planning Commission held a public hearing on August I 0, 2006 to consider the
petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the August 22, 2006 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE:
BE IT RESOLVED that the City of Muskegon hereby consents to the relocation of Wells
A venue for the purpose of eliminating certain encroachments as represented by the petitioner and
consents to the proposed replat of the amended Plat of OSTEOPATHIC MEDICAL PLAT NO.
2, as attached subject to compliance with the City's Zoning Ordinance for such replats.
BE IT FURTHER RESOLVED, that it is in the best interest of the City of Muskegon to consent
to the requested modification and does so as long as the interest of the City in utility easements
for sewer and water service are not detrimentally affected.
BE IT FURTHER RESOLVED that this action on the pm1 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; and
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. The City shall not be
responsible to replace special planning, 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; and
BE IT FURTHER RESOLVED that this Resolution shall not become final and binding on the
City until there has been full compliance with state law, including an appropriate circuit comt
order in which the City will be a statutorily mandated defendant in order to properly effectuate
the proposed changes of record.
BE IT FURTHER RESOLVED, that this Resolution shall not be recorded with the Register of
Deeds until all conditions are satisfied.
Adopted this 22nd day of August, 2006.
A YES: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
NAYES: None
ABSENT: None
By c:twU£a £tk
Linda Potter
Its Acting Clerk
CERTIFICATE
(Vacation of the unimproved portion of Wells A venue)
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 August 22, 2006.
CITY OF MUSKEGON
By: ~ lit&e,
Linda Potter, CMC
Its Acting Clerk
Page 1 of 1
Linda Potter
From: John C. Schrier [jcs@parmenterlaw.com]
Sent: Thursday, Apri110, 2014 2:46PM
To: Linda Potter
Subject: Wells Avenue Resolution from 2006
Linda:
Do not worry about it. It does not need to be recorded. It was used in a circuit court action to amend the plat
and a final order was entered in 2010. That may be why someone scribbled through the signatures.
John Schrier
Parmenter O'Toole
(231) 722-5401
jcs@parmenterlaw.com
4/10/2014
Commission Meeting Date: August 22, 2006
Date: August14,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (}~
RE: Zoning Ordinance Amendment to the Zoning Ordinance for
Residential Design Criteria
SUMMARY OF REQUEST:
Request to amend Section 2319 (#2) of Article XXIII (General Provisions) to amend the Residential
Design Criteria.
FINANCIAL IMPACT:
None
BUDGET ACTION REQillRED:
None
STAFF RECOMMENDATION:
Staff reconunends amendment of the Zoning Ordinance to amend the Residential Design Criteria
regarding the roof pitch.
COMMITTEE RECOMMENDATION:
The Planning Conunission recommended approval of the amendment at their 8/10 meeting. The vote
was unanimous in favor of the amendment, with B. Smith absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 10, 2006
Hearing ; Case 2006-36: Staff initiated request to amend (Section 2319, Residential Design
Criteria, #2) to allow the roof pitch of additions to correspond to the principal structure.
BACKGROUND
Several permits for additions have been applied for recently, and consequently this section of the
ordinance has been brought to staffs attention. As presently written, a 5/12 pitch is required for any
additions, even if the home has a low pitch. This requires an odd angle on the roof addition to the
home that isn't necessarily aesthetically pleasing. Allowing the pitch to match the existing principal
structure seems to make more sense, and would blend much better with the present home.
NEW LANGUAGE
Deletions are erossed out and additions are bold.
Changes to Section 2319, Residential Design Criteria, #2
2. Where the home design involves a roof pitch, it shall be a minimum pitch of5/12, that is, for
every twelve inches (12") oflateral run, the roof shall rise five inches (5"). In the case of
additions or alterations to principal structures when a 5/12 pitch is not practical, the roof
pitch may be allowed to correspond with that of the principal structure.
DELIBERATION
I move that the amendment to Sections 2319 (Residential Design Criteria, #2) of Article XXIII
(General Provisions), of the Zoning Ordinance, be recommended to the City Commission for
(approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2 1 9 9
An ordinance to amend Section 2319 (#2.) of Article XXIII (General Provisions) of the Zoning
Ordinance to amend the Residential Design Criteria language regarding roof pitch.
THE CITY COI'vfMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
2. Where the home design involves a roof pitch, it shall be a minimum pitch of 5/12, that is,
for every twelve inches (12") oflateral nm, the roof shall rise five inches (5"). In the case
of additions or alterations to principal structures when a 5/ 12 pitch is not practical, the roof
pitch may be allowed to correspond with that of the principal stmcture.
This ordinance adopted:
Ayes: Wierenga 1 Carter 1 Davis 1 Gawron 1 Shepherd 1 Spa taro 1
and Warmington
Nayes: None
Adoption Date: August 221 2006
Effective Date: Septemb er 81 2006
First Reading: August 221 2006
Second Reading:__N..:..../_A_ __ _ __ __ __ __ _ _ _
CITY OF MUSKEGON
By: --""'di
: . . J£~
. 1L,L.~'AJ,..__""""""
_x),__.---r-~
~-"'----
Linda S. Potter, CMC
Acting City Clerk
Commission Meeting Date: August 22, 2006- Zoning Ordinance Amendment for roof pitch
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of August, 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: __A_u-=g_u_s_t_2_2_ ___J 2006.
Linda S. Potter, CMC
Acting City Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 22, 2006, the City Commission of the City ofMuskegon adopted an
ordinance to amend Section 2319 (#2.) of Article XXIII (General Provisions) to amend the Residential
Design Criteria regarding roof pitch.
Copies ofthe 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, dnring regular business hours.
Tins ordinance amendment is effective ten days from the date of tills publication.
Published !l~ us t cJJ ,2006 CITY OF MUSKEGON
By __~~~--~~~------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. I 01-80400-5354
Commission Meeting Date: August 22, 2006
Date: August 14,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Rezoning request for properties located at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue
SUMMARY OF REQUEST:
Request to rezone the properties located at 209 & 155 E. Walton Avenue and 185 E.
Muskegon Avenue from B-4, General Business District to R-1, One Family Residential
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 8/10 meeting.
The vote was unanimous, with B. Smith absent.
0:\Pianning\COMMON\Zoning\City Commission Itcms\rczone\Approve\2006 Approvals\E. Walton & E Muskegon.doc I
CITY OF MUSKEGON
MUSKEGON COUTY, MICHIGAN
ORDINANCENO. 2200
An ordinance to amend the zoning map of the City to provide for a zone change for
certain properties from B-4 "General Business District" to R-1 "One Family
Residential 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 ofthe
following described property from B-4 "General Business District" to R-1 "One Family
Residential District":
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 9 AND 10 BLK 191
And
CITY OF MUSKEGON REVISED PLAT OF 1903 OLD CSX RR RfW ACROSS BLK 191
And
CITY OF MUSKEGON REVISED PLAT 1903 LOT 1 BLK 191
This ordinance adopted:
Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nayes:-=N_;_o_n_e_:___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: ___A_u-=g::....u_s_t_2_2_,_2_0_0_6_ __
Effective Date: ___s_e~p'--t:....e_m_b__:_e_r_S-=..,_2---.:0---.:0:....6=----
First Reading: _ _---=-::A-=u-"'-g-=uc::s--=t:__:2::..;2"'"','---'2=-0~0. : .6_ __
Second Reading: _ _N.:._/_A_ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~cl. &
Linda S. Potter, CMC
Acting City Clerk
CERTIFICATE
(Rezoning of209 & 155 E. Walton Avenue and 185 E. Muskegon Avenue B-4 to R-1)
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 22nd day of August, 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: August 22 '2006.
Linda S. Potter, CMC
Acting City Clerk, City of Muskegon
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 August 22, 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 properties from B-4 "General Business District" to R-1 "One Family Residential
District":
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 9 AND 10 BLK I9I
And
CITY OF MUSKEGON REVISED PLAT OF I903 OLD CSX RRR/W ACROSS BLK 19I
And
CITY OF MUSKEGON REVISED PLAT 1903 LOT I BLK I 91
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 _ _A~u__,g,_u-'-s'-t-'--2::.._:_9_ _ , 2006 CITY OF MUSKEGON
By __~~~--~~~--
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PAS SAGE.
Account No. 101-80400-5354
0:\P\anning\COMMON\Zoning\City Commission Items\rezonc\Approve\2006 Approvals \E. Walton & E Muskegon.doc 4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 10, 2006
Hearing; Case 2006-31: Staff initiated request to rezone the properties at 209 & 155 E.
Walton Avenue and 185 E. Muskegon Avenue from B-4, General Business, to R-l,One
Family Residential District.
BACKGROUND
Applicant: City of Muskegon
Property Address/Location: 209 & 155 E. Walton Avenue and 185 E. Muskegon
Avenue
Reguest: Rezone from B-4, General Business District to R-1,
One Family Residential District
Present Land Use: Vacant
Zoning: B-4, General Business
STAFF OBSERVATIONS
1. The property which is the subject of this request is owned by the City and is located
across E. Walton Street from the Farmer's Market.
2. The request is to rezone the property from B-4, General Business DistJict to R-1, One
Family Residential District.
3. The properties to the west and northwest, which includes the Farmer's Market, are
zoned B-4, General Business District, to the northeast, east, and southeast, the zoning
is R-1, One Family Residential District. The zoning to the southwest RM-1, Low
Density Multiple Family Residential Dismct.
4. Walton Street has recently been redeveloped with several single family homes
through the City of Muskegon Community & Neighborhood Services programs. The
property at 181 W. Walton is currently being developed as a single family home by J2
Properties Developers and Construction Company, LLC.
5. The City has been approached by the same developer to possibly purchase 209
Murphy Street for more residential development.
6. The Farmer's Market site has been discussed as a possible residential building site, if
the Market is relocated to another site in the future.
7. The City's Future Land Use Map supports neighborhood rehabilitation of homes and
home sites in this area.
8. Staff has received no comments regarding this request.
0:\Planning\COMMON\Zoning\City Commission Jtems\rezone\Approve\2006 Approvals\E. Walton & E Muskegon.doc 5
City of Muskegon
Planning Commission
Case# 2006-31
-~-
.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2006 Approvals\E. Walton & E Muskegon.doc 6
209 E. Walton Avenue 155 E. Walton Avenue
185 E. Muskegon Avenue
RECOMMENDATION
Staff recommends approval of the request.
MOTION FOR CONSIDERATION
I move that the request to rezone the property located at 209 & 15 5 E. Walton Avenue and
185 E. Muskegon Avenue from B-4, General Business district to R-1, One Family
Residential district, as described in the public notice, be recommended for (approvalldenial)
to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the
determination of(compliance/Iack of compliance) with the intent ofthe City Master Land
Use Plan and zoning district intent.
0:\P\anning\COMMON\Zoning\City Commission Itcms\rezone\Approvc\2006 Approvals\E. Walton & E Muskegon.doc
7
Commission Meeting Date: August 22, 2006
Date: August 15, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 1581 Division
SUMMARY OF REQUEST: To approve the purchase of 1581 Division
from the U. S. Dept. of HUD for $1.00 through its Good Neighbor
program. In which, a municipality can purchase a home for one dollar, if
a property is on the market for more than six months.
After 1581 Division is obtained the City will contract to that the house
totally rehabilitate then sale it to a qualified family continuing the City's
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from Community and
Neighborhood Services HOME program income fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
$1.00 home.
COMMITTEE RECOMMENDATION: None needed
Commission Meeting Date: August 22, 2006
Date: August 15,2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Contractor for Construction of House
at 280 lona.
SUMMARY OF REQUEST: To approve the contract with De Rose
Builders Inc, of 7786 Wiczer Drive Fruitport Michigan, for the
construction of the new home to be located at 280 lana for the cost of
$97,876 (Ninety seven thousand eight hundred and seventy six dollars).
After the construction is completed the new home will be sold to a
qualified first-time homebuyer, continuing the City's aggressive
neighborhood revitalization efforts under the Operation "Metamorphosis:
A Change from Old to New"
The City obtained lana the original house at 280 from the State of
Michigan. The house was later demolished, because it was deemed not
cost effective for rehabilitation.
The City received four other bids:
• Diamond Development Inc, of 6820 Lakita Drive Fruitport
Michigan, for $99,950 (Ninety-nine thousand nine hundred and fifty
dollars)
• J2 Construction, of 109 West Laketon Avenue Muskegon Michigan,
for $ 119,866 (One hundred nineteen thousand eight hundred sixty-
six dollars)
• Obenauf DePender Construction LLC, of 4471 Thompkins Trail
Muskegon Michigan, for $ 120,296 (One hundred twenty thousand
two hundred ninety-six thousand dollars)
• Top Notch Design Contractors, of 4740 Jensen Road Fruitport
Michigan, for$ 122,000 (One hundred twenty-two thousand dollars)
FINANCIAL IMPACT: The funding for the project will be taken from the
City's 2006-2007 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the Community and
Neighborhood Services office to develop a contract with De Rose
Builders, Inc and direct the Mayor and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: None needed.
280 IONA
Metamorphosis: A Change From Old To New
Before demolition
Proposed, after construction
Date: August 22, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Purchase Agreement with Muskegon County for C Station
SUMMARY OF REQUEST:
Approve the purchase agreement with Muskegon County for parcels A, C, D & E and
terminate the reverter clause on parcel B as shown on the attached drawing and
authorize the mayor and clerk to execute said agreement. The total purchase price is
$93,840.50.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the purchase agreement
COMMITTEE RECOMMENDATION:.
2006-70(i)
('
PURCHASE AGREEMENT
This Agreement made and entered into on this 2 2nd day of August 2006, is intended to
include all matters pertaining to the sale and purchase of certain real estate hereinafter described,
which real estate Purchaser agreed to buy from Seller, and Seller agrees to sell to Purchaser, on the
terms and conditions hereinafter set forth, as follows:
SELLER
City ofMuskegon
93 3 Terrace St.
Muskegon, MI 49440
PURCHASER
County ofMuskegon, Board ofPublic Works
990 Terrace St.
Muskegon, MI 49442
DESCRIPTION OF REAL ESTATE
See Attached
METHOD OF SALE
Sale shall be for cash with delivery of a quit claim deed conveying marketable title subject,
however, to existing easements, restrictions and rights-of-way of record, as well as applicable
zoning ordinances, if any there be.
F:\Users\R1\County ofMuskogon\c-Station\Purchase Agreement.doc
1
SALE PRICE
The agreed upon total purchase price is to be Ninety-Three Thousand Eight Hundred
Forty and 50/100 Dollars ($93,840.50)(28,874 sq. ft. x $3.25/sq. ft.).
NUSCELLANEOUSCOSTS
Seller is exempt from any Michigan transfer tax in an amount required by law, if any.
Purchaser shall be responsible for the cost of recording the document to be used in completion of
this sale.
INSPECTION PERIOD
A Due Diligence Investigation. Upon the execution of this Agreement by the parties,
Buyer and Buyer's agents, employees, contractors and consultants may, prior to the date of
closing, conduct such inspection, investigations, appraisals, tests, feasibility studies, and
determinations of the property as Buyer, in its sole discretion, shall desire in order to determine
that the condition of the premises is acceptable and that the premises is suitable for Buyer's
intended uses ("Due Diligence Investigation"). The Due Diligence Investigation shall include, but
shall not be limited to inquiring as to the existence and/or adequacy of electrical, plumbing, sewer,
water and other utility services, public services and access; insuring as to applicable zoning
ordinances, use regulations and business codes; conducting soil tests of the premises, borings and
other engineering and architectural tests; evaluation of the environmental conditions which exist at
the Premises (including, if desired byBuyer, a Phase I and Phase IT environmental site assessment
and a baseline environmental assessment) and a Seller's compliance with all applicable state and
F:\Users\RT\County ofMuSkegon\C-Station\Purchase Agrument.doc
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federal environmental laws and regulations. Buyer shall pay the cost of the Due Diligence
Investigation. The Due Diligence Investigation shall be completed within a reasonable time, not
to exceed forty-five (45) days ("Inspection Period") after execution of this Agreement by both
parties.
B. Submittals to DEO. Within ten (10) days after Seller's execution of this
Agreement, Seller shall provide Buyer with a copy of any other results, data or reports of the
environmental condition of the Premises in Seller's possession or control. Seller acknowledges
that during the Inspection Period or at any time consistent with regulations before or after the
Date of Closing, Buyer may make a petition to the Michigan Department ofEnvironmental
Quality ("DEQ") for a baseline environmental assessment ("BEA") adequacy determination, or at
the option of Buyer, may disclose the results ofthe BEAto the DEQ without such a petition.
C. Buyer's Right to Terminate. At any time during the Inspection Period, ifBuyer
should, in its sole opinion, determine that the condition of the Premises is not acceptable or that
the Premises is not suitable for all of itS intended uses, Buyer shall provide Seller with written
notice thereof; and Buyer may, in its sole discretion, terminate this Agreement, and this
Agreement shall thereafter be of no further force or effect.
POSSESSION
Purchaser shall be entitled to possession of the subject property beginning on the date of
closing.
F:\Users\RT\County ofMuskegon\C-Station\Purchase Agreement.doc
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EVIDENCE OF TITLE
Seller agrees to furnish to Purchaser within 10 days hereafter, at Purchaser's expense an
abstract of title and a ten (10) year tax history certified to a date later than the date hereof In lieu
thereof, and at Seller's option, a commitment for and, in due course, a policy oftitle insurance in
an amount for not less than the purchase price, bearing date later than the date hereof and
guaranteeing the title in the condition required for the performance of this Agreement, will be
accepted, at the Seller's expense.
TITLE OBJECTIONS
Objections to title of subject property by Purchaser must be made within fuurteen (14)
days from the date an abstract of title and ten (1 0) year tax history certified as aforesaid are
furnished to Purchaser and, further, they must be based upon a written title opinion ofPurchaser's
attorney to the effect that title is not in the condition required for performance hereunder. In the
event objection is made, Seller shall have 30 days from the date he is notifiro in writing of said
objection either (1) to remedy the defect(s), or (2) obtain a title insurance policy commitment, or
(3) in the event said default(s) cannot be remedied, refund the deposit in full as a termination of
this Agreement.
DATE OF CLOSING
In the event no objections to the title are made, closing shall take place within 60 days of
the date of this Agreement. If objections to the title are made, closing shall take place within 60
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days from the date Seller remedies the title or obtains a title insurance policy commitment in
accord with a prior provision of this Agreement.
PLACE OF CLOSING
Closing shall take place at a place to be agreed upon by the parties.
PURCHASER'S DEFAULT
In the event of default by Purchaser hereunder, Seller may, at his option, elect to enforce
the terms of this Agreement.
SELLER'S DEFAULT
In the event of default by Seller hereunder, Purchaser may, at his option, elect to enforce
the terms of this Agreement.
NOTICES
All notices, deliveries or tenders given or made in connection herewith shall be deemed
completed and legally sufficient if mailed or delivered to the respective party fur whom the same
is intended at the address herein set forth.
SURVEY
Purchaser may at its expense have the properties surveyed to determine the total acreage
involved and the existence of any encroachments.
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VACATION OF RIGHT-OF-WAY
The Seller acknowledges the Buyer's need to have the right-of-way known as Ottawa Street
vacated as it affects Parcel D. Seller agrees to cooperate and institute the necessary process to result
in the adoption of a resolution absolutely vacating the public's interest in that right-of-way except that
which is required fur utility installation, maintenance and preservation.
GREEN SPACE DEVELOPMENT
The Buyer covenants and agrees to topsoil, seed, and cover with mulch and thereafter
maintain the land not occupied by the re-constructed Lift Station C. Additional landscaping
design for the premises shall be subject to approval by the City of Muskegon, which approval shall
not be unreasonably withheld. It is agreed by the parties that this covenant shall survive closing
and run with the land.
MISCELLANEOUS
A. That pronouns and relative words herein used are written in the masculine and
singular only. If more than one joins in the execution hereof as Seller or Purchaser, or either be of
the feminine sex or a corporation, such words shall be read as if written in plural, feminine or
neuter respectively. The covenants herein shall bind the heirs, personal representatives,
administrators, executors, assigns and successors of the respective parties.
F:\Users\R1\Couuty of Muskegon\C-Station\Purchase Agreement. doc
6
B. This Agreement constitutes the entire agreement between the parties and no prior
representations or agreements, oral or written, shall be considered a part hereof, unless
referenced or incorporated in this Agreement.
C. Time shall be deemed as the very essence of this Agreement.
D. The covenants herein shall bind and inure to the benefit of the parties hereto, their
personal representatives, successors and assigns and shall survive the closing of the sale.
IN WITNESS WHEREOF, the pm1ies have hereunto set their hands and seals the day
and year first above written.
EXECUTED IN THE PRESENCE OF:
By:L2/.&z.w:1a__...f..t,~LL-~~~
Linda Potter, Acting Clerk
EXECUTED IN THE PRESENCE OF: PURCHASER:
COUNTY OF MUSKEGON,
BOARD OF PUBLIC WORKS
By: _ _ _ _ _ _ _ _ _ __
Louis McMurray, Chairman
By: _ _ _ _ _ _ _ _ _ _ __
This instrument Drafted By:
Williams, Hughes & Cook, PLLC
By: Douglas M. Hughes (P-30958)
120 West Apple Avenue
P.O. Box 599
Muskegon, M I 49443-0599
TERMINATION OF REVERTER CLAUSE
TO ALL PRESENT AND FUTURE OWNERS OF:
SEE ATTACHED EXHIBIT A
That the City of Muskegon, after being frrst duly authorized, does by the authority of the signatures of its
Mayor and Clerk, do terminate the reverter clause contained within the Quit Claim Deed dated May 20, 2005,
recorded at Liber 3654, Page !54 and do hereby agree to waive any and all interest created by that instrument.
Dated the _ _ _ day of _ _ _ _ _ _, 2006.
CITY OF MUSKEGON
Clerk
STATEOFMICHlGAN )
) ss.
COUNTY OF MUSKEGON )
The foregoing instrument was acknowledged before me this Q,9_ day of
Stephen J. Warmington and Linda Potter the Mayor and Clerk, respectively, of C
municipal corporation, on behalf of the corporatimt
o.u..r , 2006, by
OF MUSKEGON, a
Drafted by and after recording, return to:
WILLIAMS, HUGHES & COOK, PLLC
Douglas M. Hughes
120 W. Apple Ave., P.O. Box 599
Muskegon, MI 49443-0599
EXHffiiTA
LEGAL DESCRIPTION
LOTS 4 AND 5 OF SLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTIAWA
STREET 44 FEET, TIIENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNr;R OF LOT 3, THENCE SOUTIIWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTIIEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
--.-·'
RELEASE AND DISCHARGE OF REVERSIONARY INTEREST
The City of Muskegon, of933 Terrace St., Muskegon, MI 49441, being the holder of certain
reversion rights as Grantor in a deed dated June 1, 2005, and recorded at Liber 3654 Page 154, Muskegon
County Records, does hereby release and discharge its right to reversion of interest and title in the following
described property, for the reason that the conditions for such release and discharge have been met to the ·
City's satisfaction:
See Attached
In witness whereof this release is executed by the mayor and clerk on behalf of the city this _ _ _ __:day
of ____________________
Witnesses:
ayor
, Acting
_____________________ City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
On this ;) ~ day of ~~ ,c0Ax? !o before me, a Notary Public, personally
appeared Stephen J. Warmington an mda Potter, bemg the mayor and deputy city clerk, respectively, of
the City of Muskegon, and who stated that they acknowledge and execute this document on behalf of the
City of Muskegon with full authority of the City.
Notary Public, Muskegon County, Michigan
My comm. exp. rYlDvu I '3, , 00/ d.
I
Prepared by: Hope Mitchell
933 Terrace St.
Muskegon, MI 49440
Return to: City of Muskegon
Attn: Hope Mitchell
933 Terrace St.
Muskegon,MI 49440
EXHIBIT A
LEGAL DE~CRIPTION
LOTS 4 AND 5 OF BLOCK 170 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON,
MUSKEGON COUNTY, MICHIGAN, AND PART OF LOT 3, BLOCK 170 OF THE
REVISED PLAT OF 1903, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF
LOT 3, THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF OTTAWA
STREET 44 FEET, THENCE NORTHWESTERLY TO A POINT ON THE EASTERLY LINE
OF WESTERN AVENUE 38 FEET NORTHERLY OF THE NORTHERLY OF THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHWESTERLY 38 FEET TO THE MOST
WESTERLY CORNER OF LOT 3, THENCE SOUTHEASTERLY TO BEGINNING, EXCEPT
ANY PART OF THE REALIGNED OTTAWA STREET AND SHORELINE DRIVE.
·-·-- 0
Quit Claim Deed
City of Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Grantor"),
Conveys and Quit Claims To: County of Muskegon, Board of Public Works, of 990 Terrace Street, Muskegon,
Michigan, 49440 ("Grantee")
the property in the City of Muskegon, County of Muskegon, State of Michigan, which is legally described in
attached Exhibit A ("Premises").
for the sum of: Ninety Three Thousand Eight Hundred Forty Dollars and Fifty Cents ($93,840.50).
The Grantee covenants and agrees to topsoil, seed, and cover the Premises with mulch, and thereafter maintain the
Premises not occupied by the re-constructed Lift Station C. Additional landscaping design for the premises shall be
subject to the approval of the Grantor, which approval shall not be unreasonably withheld. It is agreed by the parties
that this covenant shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated: - - - - - - - - - · · 2006
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this '\ day of ~--\1 ""-%'.• ,
200_, by Stephen J. Warmington and Linda Potter, Mayor and Acting Clerk of the City of Muskegon, a municipal
corporation. {', \ 1
) I) V.
~" L.·l/>'-'-- 'yy,. KIZAA~"- L"-
Drafted by & when recorded return to: Send subsequent tax bills to:
John C. Schrier Grantee
PARMENTER O'TOOLE
175 West Apple Avenue, P.O. Box 786
Muskegon, Michigan 49443-0786
G:\EDSI\FILES\00100\2005\DEED_QUI\D02699.DOC
Exhibit A
Legal Descriptions
PARCEL "A"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN REVISED PLAT OF 1903 BEING THE SOUTHERLY 40 FEET OF THE
WESTERLY 75 FEET OF LOT 8 OF BLOCK 170 OF SAID PLAT.
PARCEL "C"
CITY OF MUSKEGON, SECTION 20 T1 ON R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT A POINT ON THE EAST
LINE OF BLOCK 170 OF SAID PLAT (WESTERLY LINE OF OTTAWA STREET)
BEING N65°44'29"W ALONG EXTENSION OF THE SOUTH LINE OF LOT 4 OF
BLOCK 169 OF SAID PLAT; THENCE S24°15'31"W 74.90 FEET ALONG SAID
EAST LINE; THENCE N01°27'58"W 107.61 FEET; THENCE EASTERLY 9.02 FEET
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF OTTAWA STREET
(REALIGNED) ON A 209.86 FOOT RADIUS (27°18'07" DEG OF CURVE) CURVE
TO THE LEFT, L\=02°27'46" THE LONG CHORD BEARING N84°43'59"E 9.02
FEET; THENCE SOl 0 27'58"e 29.39 FEET; THENCE S65°44'29"E 26.10 FEET TO
THE POINT OF BEGINNING.
PARCEL "D" (DESCRIPTION TO VACATE PART OF OTTAWA STREED
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE N65°44'99"W 66.00
FEET TO A POINT ON THE EAST LINE OF BLOCK 170 OF SAID PLAT
(WESTERLY LINE OF OTTAWA STREET); THENCE S24°15'31"W 291.62 FEET
ALONG SAID EAST LINE; THENCE NORTHEASTERLY 117.80 FEET ON A 669.29
FOOT RADIUS (8°33'38" DEG OF CURVE) CURVE TO THE LEFT, L\=10°05'04",
THE LONG CHORD BEARING N58°23'01"E 117.65 FEET TO THE WESTERLY
LINE OF BLOCK 169 (EASTERLY LINE OF OTTAWA STREET) OF SAID BLOCK
169; THENCE N24°15'31"E 194.24 FEET ALONG THE WESTERLY LINE OF SAID
BLOCK 169 TO THE POINT OF BEGINNING.
PARCEL "E"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE S24°15'31"W 194.24
FEET ALONG THE WESTERLY LINE OF BLOCK 169 (EASTERLY LINE OF
OTTAWA STREET); THENCE NORTHEASTERLY207.78 FEET ON A669.29
FOOT RADIUS (8°33'38" DEG OF CURVE) CURVE TO THE LEFT, L\=17°47'16",
THE LONG CHORD BEARING N44°26'51"E 206.95 FEET TO THE SOUTHERLY
LINE OF SAID LOT 4; THENCE N65°44'29"E 71.42 FEET ALONG THE
SOUTHERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING.
SHEET_l_OF _£_
~
PARCEL .A. £ WESTERN A 1£
39s.-·
1--
~
~
~
~
~
~
<"
(LOT 9) (LOT 8)
PARCEL ·a'
{LOT 7) (LOT .S)
~,;;;
(LOT 2) (LOT 1)
\1)
::\
~
/
BLOCK 170 =n ~1.0'
N5rll'03"W ~
"~ __l~-
- '
~ 0' 50' 100' 200'
oTTAWA sTREET
~ ....-::::::1.1'
SC.ALE: r'' = 100'
202,.:10: 29\~62
-524'1S'3i'"W LEGEND
PARCEL 'TJ" :zo:..:f(\.1)
_,.
0-FOUND !RON STAKE
-34.1' ~\til
<(~ M=MEASURED DIMENSION
-£" ;;_~~ (L01 Zl)
(LO"T 2) "'\"'
LOi 5~- ~.(U 4)
-~E.-'?-
"BLiJC'tt~'
(LOi 9) 6L0i B) (LOi 7)
\ . .L~--~--~--~J-L--L--L-- L s£AWAY ORIV£
CURVE TABLE
CURVE DELTA RADIUS TANGENT LENGTH CHORD
C3 ~35'17. 209.86' 10.24' 20.47' N88"45'30•E 20.45'
C4 27"29'14M 114.64' 28.04' 55.00' N78"32'47.E 54.47'
C5 rff27'46. 209.86' 4.51' 9.02" N84"4-3'59'"E 9.02"
C6 10"05'04M 669.29' 59.05' 117.80' N58"23'01"E 117.65'
DESCRIPTIONS FOR: MUSKEGON WASTEWATER MANAGEMENT SYSTEM C7 17"47'16. 569.29' 104.73' 207.78' N44"26'51"E 206.95'
8301. WHITE ROAD
MUSKEGON MICHIGAN 49442 REV 05/25/06 PARCEL ·c· REV1SEO
LINE TABLE
LINE
L1
I BEARING LENGTH
S01.275B"E
I 29.39
Prein&Newhof
Engineers. Sut"Ve}''n.Envi:ronmental. Labor.a.tory
L2 l 565" 44'2s"E l 26.10 3355 Evergreen Onve NE Grcnd Rapids, Michi9on 49525
Telephone· (616) 364-8491 Fcx : (616) :364-5955
Prcjed: No. : 2051054 2051054_RS_Q20SOB Dcte ; 02/13/06
SHEET..1._0F..2..
PARCEL "A.. (CITY OF MUSKEGON TO MCWMS) PARCEL NO" (DESCRIPTION TO VACATE PART OF OTTAWA STREED
CITY OF MUSKEGON. SEC110N 20 T10N R16W, MUSKEGON COUNTY. MICHIGAN, CITY OF MUSKEGON, SECTION 20 T10N R16W, MUSKEGON COUNTY, MICHIGAN, REVISED
REIIlSED PLAT OF 1903 BEING THE SOUTHERLY 40 FEET OF THE WESTERLY 75 PLAT OF 1903 BEGINNING AT 1HE SOUTHWEST CORNER OF LOT 4 OF BLOCK 169 OF
FEET OF LOT 8 OF BLOCK 170 OF SAID PLAT. SAID PLAT; THENCE N65°44'29NW 66.00 FEET TO A POINT ON THE EAST UN£ OF BLOCK
170 OF SAID PLAT (WESTERLY UN£ OF OTTAWA STREET); THENCE S24°15'31NW 291.62
FEET ALONG SAID EAST UNE; THENCE NORTHEASTERLY 117."80 FEET ON A 669.29
FOOT RADIUS (8"33'38~ OEG OF CURVE) CURVE TO THE LEFT, .6.=10~05'04", THE LONG
PARCEL NB" (MIJU CORPORATION TO MCWMS) CHORD BEARING N58"23'01~E 117.65 fEET TO THE WESlERLY UNE OF BLOCK 169
(EASTERLY LINE OF OTTAWA STREET) Of SAID BLOCK 169; THENCE N24°15'31nE 194.24
ANY PORTION OF LOTS 3, 4 & 5 OF THE REVISED PLAT OF 1903, CITY OF MUSKEGON
SECTION 20 T10N R16W, MUSKEGON COUNTY, MICHIGAN LYING SOUTHERLY OF THE FEET ALONG THE WESTERLY LINE OF SAID BLOCK 169 TO THE POINT OF BEGINNING.
REALIGNED OTTAWA STREET.
PARCEL Me~ (CITY oF MUSKEGON ro MCWMS) (REVISED OS/25/06) PARCEL T' {CITY OF MUSKEGON TO MC'NMS)
CITY OF MUSKEGON, SECTION 20 T1 ON R16W, MUSKEGON COUNTY, MICHIGAN, REVISED CITY OF MUSKEGON, SECTION 20 T10N R16W, MUSKEGON COUNTY,
PLAT OF 1903 BEGINNING AT A POINT ON THE EAST .LINE OF BLOCK 170 OF SAID PLAT MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST CORNER
(WESTERLY LINE OF OTTAWA STREET) BEING N65"44'29''W ALONG EXTENSION OF THE OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE S24°15'31''W 194.24 FEET
SOUTH LINE OF LOT 4 OF BLOCK 169 OF SAID PLAT~ THENCE S24°15'31~W 74.90 FEET ALONG THE WESTERLY UNE OF BLOCK 169 (EASTERLY LINE OF OTTAWA
ALONG SAID EAST LINE; lHENCE N01"2758"W 107.61 FEET; TrlENCE EASTERLY 9.02 FEET STREET); THENCE NORTHEASTERLY 207.78 FEET ON A 669.29 FOOT RADIUS
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF OTIAWA STREET (REALIGNED) ON A (8"33'38• OEG OF CURVE) CURVE TO THE lEFT, ~>~1747'16·, THE LONG
209.86 FOOT RADIUS (2r18'07~ DEG OF CURVE) CURVE TO THE LEn, .6.=02°27'46", CHORD BEARING N44°26'51''E 206.95 FEET 1"0 THE SOUTHERLY LINE OF SAID
1HE LONG CHORD BEARING NB4°43'59NE 9.02 FEET; THENCE S01°27'58"E 29.39 FEET; LOT 4; THENCE N65°44'29"E 71.42 FEET ALONG THE SOUTHERLY LINE OF
THENCE S65'44'29"E 26.10 FEET TO THE POINT OF BEGINNING. SAID LOT 4 TO THE POINT OF BEGINNING.
DESCRIPTIONS FOR: MUSKEGON WAS1EWATER MANAGEMENT SYSTEM
8301. WHITE ROAD
MUSKEGON MICHIGAN 49442 REV 05/25/06 PARCEL ~C .. REVISED
Prein&NeWhof
Engineexs.Surveyon•Emirow:nental•Labor:atory
3355 Evergreen OrlYe NE Grone! Rapids, Mtchigon 49525
Telephone : (616) 364-8491 Fcx : (616) 364-6955
Project Nc. : 2051054 2051054.,RS_020606 Dale : 02/1:5/06
PARMENTER o-TOOLE
Attorneys at Law
Thomas H. Thornhill
John M_ Briggs, Ill
Michael L. Rolf 601 Terrace Street • P.O. Box 786 • Muskegon, Michigan 49443-0786 Scott R Sewick
George W. Johnson Jeffery A Jacobson
Phone 231.722.1621 • Fax 231.722.7866or231.728.2206 Dawn M. Goodwin
W. Brad Groom
Eric R Gielow VI>vw_Parmenterlaw.com Nancy Ann Hornacek
John C. Schrier Adam G. Zuwerink
Chrislopher L. Kelly Douglas J. Winkle
linda S. Kaare
James R Scheuerle OfCmmse/
William J. Meier
Thomas J. O'Toole
Keith L. McEvoy
Eric J. Faurl
Anna Urick Duggins
Michael M_ Knowlton
Scott M. Knowllon
George A Parmenler, 1903-1993
January 18, 2007
Douglas M. Hughes
Williams, Hughes & Cook
120 W. Apple Ave.
P.O. Box 599
Muskegon MI 49443-0599
Re: Purchase Agreement- County Wastewater Lift Station C
Dear Mr. Hughes:
Enclosed please find the original recorded Quit Claim Deed fi·om the City of Muskegon to the
County of Muskegon.
It has been a pleasme working with you on this matter.
John C. Schrier
Direct: 231.722.540 I
jcslalparmenterlaw.com
c: Hope Mitchell
Linda Potter
G:\EDSI\FILES\001 00\2005\l TR\DA5456.DOC
Received & Sealed For Record
MARK F. FAIRCHILD REGISTER OF DEEDS
Muskegon County Michigan
01/16/2007 12:04P LIBER 3727 PAGE 378
Quit Claim Deed
City of Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Grantor"),
Conveys and Quit Claims To: County of Muskegon, Board of Public Works, of 990 Terrace Street, Muskegon,
Michigan, 49440 ("Grantee")
the property in the City of Muskegon, Couuty of Muskegon, State of Michigan, which is legally described in
attached Exhibit A ("Premises").
for the sum of: Ninety Three Thousand Eight Huudred Forty Dollars and Fifty Cents ($93,840.50).
The Grantee covenants and agrees to topsoil, seed, and cover the Premises with mulch, and thereafter maintain the
Premises not occupied by the re-constructed Lift Station C. Additional landscaping design for the premises shall be
subject to the approval of the Grantor, which approval shall not be umeasonably withheld. It is agreed by the parties
that this covenant shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
,2006
STATE OF MICHIGAN
COUNTY OF MUSKEGON
. The foregoing instrument was acknowledged before me this 'l day of ~~~' , ,
200~, by Stephen J. Warmington and Linda Potter, Mayor and Acting Clerk of the City of Muskegon, a municipal
corporation. v ~~ _ VtW- ~'"' r~
...1 ~l">r>
yY). Krv
llt>t>0s\Z 1 , Notary Public
~ \~ , Couuty, Michigan
My commiss;o;; ifes: b S- l 6- ciOI d..
Acting in Muskegon County, Michigan
Drafted by & when recorded return to: Send subsequent tax bills to:
John C. Schrier Grantee
PARMENTER O'TOOLE
175 West Apple Avenue, P.O. Box 786
Muskegon, Michigan 49443-0786
G:\EOSIIFILES\00100\2005\DEED_QUI\002699.DOC
Exhibit A
Legal Descriptions
PARCEL "A"
CITY OF MUSKEGON, SECTION 20 T!ON R16W, MUSKEGON COUNTY,
MICHIGAN REVISED PLAT OF 1903 BEING THE SOUTHERLY 40 FEET OF THE
WESTERLY 75 FEET OF LOT 8 OF BLOCK 170 OF SAID PLAT.
PARCEL "C"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT A POINT ON THE EAST
LINE OF BLOCK 170 OF SAID PLAT(WESTERLY LINE OF OTTAWA STREET)
BEING N65"44'29"W ALONG EXTENSION OF THE SOUTH LINE OF LOT 4 OF
BLOCK 169 OF SAID PLAT; THENCE S24"15'3l"W 74.90 FEET ALONG SAID
EAST LINE; THENCE N01"27' 58"W 107.61 FEET; THENCE EASTERLY 9.02 FEET
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF OTTAWA STREET
(REALIGNED) ON A 209.86 FOOT RADIUS (27"18'07" DEG OF CURVE) CURVE
TO THE LEFT, .::1=02"27'46" THE LONG CHORD BEARING N84"43'59"E 9.02
FEET; THENCE SOl "27'58"e 29.39 FEET; THENCE S65"44'29"E 26.10 FEET TO
THE POINT OF BEGINNING.
PARCEL "D" (DESCRIPTION TO VACATE PART OF OTTAWA STREET)
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE N65"44'99"W 66.00
FEET TO A POINT ON THE EAST LINE OF BLOCK 170 OF SAID PLAT
(WESTERLY LINE OF OTTAWA STREET); THENCE S24"15'31"W 291.62 FEET
ALONG SAID EAST LINE; THENCE NORTHEASTERLY 117.80 FEET ON A 669.29
FOOT RADIUS (8"33'38" DEG OF CURVE) CURVE TO THE LEFT, .::1=10"05'04",
THE LONG CHORD BEARING N58"23'01"E 117.65 FEET TO THE WESTERLY
LINE OF BLOCK 169 (EASTERLY LINE OF OTTAWA STREET) OF SAID BLOCK
169; THENCE N24"15'31"E 194.24 FEET ALONG THE WESTERLY LINE OF SAID
BLOCK 169 TO THE POINT OF BEGINNING.
PARCEL "E"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE S24"15'3l"W 194.24
FEET ALONG THE WESTERLY LINE OF BLOCK 169 (EASTERLY LINE OF
OTTAWA STREET); THENCE NORTHEASTERLY 207.78 FEET ON A 669.29
FOOT RADIUS (8"33'38" DEG OF CURVE) CURVE TO THE LEFT, .::1=17"47'16",
THE LONG CHORD BEARING N44"26' 51 "E 206.95 FEET TO THE SOUTHERLY
LINE OF SAID LOT 4; THENCE N65"44'29"E 71.42 FEET ALONG THE
SOUTHERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING.
/\
(
a landAmerka PRIVACY POLICY NOTICE
LandAmerica Financial Group, Inc. and ils family of affiliated companies ("LandAmerica") r~spect the privacy of our
customers' personal information. This Notice explains the ways in which we may collect and use personal information under
the LandAmerica Privacy Policy.
· LandAmerica provides title insurance and other real estate services through its affiliates. The three largest members of the
LandAmerica family, Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnalion
Title Insurance Company, and their title affiliates, issue title policies and handle real estate closings across the country. You
may review a complete list of the LandAmerica family of affiliates covered by this Privacy Policy on our website at
http://www.landam.com under the privacy policy link or request a copy be sent to you from the address listed below. The
LandAmerica Privacy Policy applies to all LandAmerica customers, former customers and applicants. Please visit our
website for an explanation of our privacy practices relating to electronic communication.
What kinds of information we collect: Depending on the services you use, the types of information we may collect
from you, your lender, attorney, real estate broker, public records or from other sources include:
• information from forms and applications for services, such as your name, address and telephone number
• information about your transaction, including information about the real property you bought, sold or financed such as
address, cost, existing liens, easements, other title information and deeds
• wlth closing, escrow, settlement or mortgage lending services or mortgage loan servicing, we may also collect your social
security number as well as information from third parties including property appraisals, credit reports, loan applications, land
surveys, real estate tax information, escrow account balances, and sometimes bank account numbers or credit card account
numbers to facilitate the transaction, and
• information about your transactions and experiences as a customer of ours or our affiliated companies, such as products
or services purchased and payments made.
How we use and disclose this information: We use your information to provide .you with the services, products
and ins!-Jrance that you, your lender, attorney, or real estate brokers have requested. We disclose information to our
affiliates and unrelated companies as needed to carry out and service your transaction, to protect against fraud or
unauthorized transactions, for institutional risk control, to provide information to government and law enforcement agencies
and as otherwise permitted by law. As required to facilitate a transaction, our title affiliates record documents that are part
of your transaction in the public records as a legal requirement for real property notice purposes.
We do not share any nonpublic personal information we collect from you with unrelated companies for their own use.
We do not share any information regarding your transaction that we obtain from third parties (including credit report
information) except as needed to enable your transaction as permitted by law.
We may also disclose your name, address and property information to other companies who perform marketing services
such as letter production and mailing on our behalf, or to other financial service companies (such as insurance companies,
banks, mortgage brokers, credit companies) with whom we have joint marketing arrangements. Additionally, some
LandAmerica affiliates may share information about their transaction and experiences with you in order to identify
opportunities to market other LandAmerica services or products that may be useful to you.
How we protect your information: We maintain administrative, physical, electronic and procedural safeguards to
guard your nonpublic personal.information. We reinforce our privacy policy with our employees and our contractors. Joint
marketers and third parties service providers who have access to nonpublic personal information to provide marketing or
services on our behalf are required by contract to follow appropriate standards of security and confidentiality.
Title insurance agents may be covered by this policy: If your transaction goes through a title insurance agent that
is not part of the LandAmerica family, the agent handling your transaction should provide you with the agent's own privacy
policy or evidence that the agent has adopted our policy.
If you have any questions about this privacy statement or our practices at LandAmerica, please email us at
customerservice@fandam.com or write us at: LandAmerica Privacy, P.O. Box 27567, Richmond, VA 23261M7567
Form 3391-6 (Effective June 2006)
CONTINGENCY REMOVAL
Date; January 11, 2007
Property: 635 ottawa Street
Muskegon, MI 49442
Seller(s); City of Muskegon, a Michigan municipal corporation
Buyer(s): County of Muskegon, Board of Public Works
Commitment No.: WMS2627
In reference to the sales agreement dated August 22, 2006 between the Buyer(s) and
Seller(s) herein identified, and all subsequent addendums to that agreement for the property
stated above, it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said
agreement, have been met, resolved or removed to the satisfaction of all parties concerned.
Further, the undersigned agree to indemnify, save and hold harmless and and
Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
relative thereto.
County of Muskegon, Board
of Public Works
AFFIDAVIT BY OWNER/SELLER/BORROWER
The undersigned is an authorized representative of the owner/seller/borrower who personally knows the facts
relative to the matters attested herein. The undersigned, as an authorized representative of the
owner/seller/borrower, attests that he/she is empowered by the owner/seller/borrower to bind the
owner/seller/borrower to the representations and undertakings made herein. The undersigned being first
duly sworn on oath, deposes, states and warrants as follows:
I. That Affiant is the owner of the real estate referred to in Transnation Title Insurance Company
Commitment No. WMS2627 above-referenced.
2. The Affiant is in sole possession of said property, and there are no unrecorded deeds, mortgages,
leases, easements, land contracts for sale, purchase agreements or options except:
none
3. The Affiant has not negotiated to convey or assign any water, mineral or oil rights relative to said
property.
4. The Affiant's has no knowledge of any covenants, conditions or restrictions of record affecting the
Property, other than what is recorded, or unrecorded easements or claims of easements affecting said
property.
5. That the Affiant is not aware of any boundary line disputes with any abutting property owners as to
the location of property lines, nor is the owner/seller/borrower aware of any encroachments of their
improvements onto the lands of any adjoining property owners or onto any easements. Likewise, the
owner/seller/borrower is not aware of any improvements of adjoining owners encroaching onto said
land.
6. That no work has been performed or materials delivered to said property for a period of (120) days
prior to the date of this affidavit, and if any work has been performed or materials delivered during
said 120 day period, proper sworn statements and waiver of liens showing payment or release of
lien rights have been obtained and submitted to Transnation Title Insurance Company for its
approval.
7. That the Affiant is not aware of any improvements made, or to be made, to said land, including, but
not limited to, sidewalk, curb or street repairs or replacements, weed cutting, debris removal etc.,
that would result in an assessment or bill to the premises, except as addressed in the purchase
agreement.
8. There are no other mortgages, equity loans, revolving credit loans, bridge loans, remodeling loans,
judgment liens or tax liens affecting said property, except as set forth in the above-referenced title
commitment.
9. There are no proceedings in bankruptcy or receivership by or against the owner/seller/borrower,
which are now pending, nor have the owners made any assignment for the benefit of creditors.
Date: January 11 2007
Commitment No.: WMS2627
Property Address: 635 Ottawa Street, Muskegon, Michigan 49442
The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle Residence
Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is required by Public
Act 237 of 1994.
,~The undersigned do not request that Transnation Title Insurance Company file the form on their behalf. : . .. ·
D 'The undersigned have fully and properly completed the form and request that Transnation Title Insurance ·;,
Company file the form with the appropriate local tax collecting unit. The undersigned acknowledges and
agrees that the Company will mail the form by first class mail, and that the Company shall not be liable in the
event that any of the information provided on said form is inaccurate or incomplete, or in the event that said
form is not received or properly processed by the local tax collecting unit.
Sellers:
Transnation Title Insurance Company
570 Seminole Road, Suite 201, Muskegon, MI 49444
Phone: 231-737-9111 Fax: 231-737-7304
Quit Claim Deed
City of Muskegon, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440 ("Grantor"),
Conveys and Quit Claims To: County of Muskegon, Board of Public Works, of 990 Terrace Street, Muskegon,
Michigan, 49440 ("Grantee")
the property in the City of Muskegon, County of Muskegon, State of Michigan, which is legally described in
attached Exhibit A ("Premises").
for the sum of: Ninety Three Thousand Eight Hundred Forty Dollars and Fifty Cents ($93,840.50).
The Grantee covenants and agrees to topsoil, seed, and cover the Premises with mulch, and thereafter maintain the
Premises not occupied by the re-constructed Lift Station C. Additional landscaping design for the premises shall be
subject to the approval of the Grantor, which approval shall not be unreasonably withheld. It is agreed by the parties
that this covenant shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated: S-e{i1€J'f\\rPC f ,2006
r
and _..,.
Linda Potter, Its Acting Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 'l day of ~-ll'<'l'-- ~' bVt. ,
200_,by Stephen J. Wannington and Linda Potter, Mayor and Acting Clerk of the City of Muskegon, a municipal
corporation. . ~ \ - - , . V!ZM~s r~
&fl"
D
-I yY). \?r"
\2_b ws\L 1 , Notary Public
~ \~ , County, Michigan
My commiss;o;; lTes: b S'- l 6- cii;:>J d..
Acting in Muskegon County, Michigan
Drafted by & when recorded return to: Send subsequent tax bills to:
John C. Schrier Grantee
PARMENTER O'TOOLE
175 West Apple Avenue, P.O. Box 786
Muskegon, Michigan 49443-0786
G:\EDSI\FILES\00100\2005\DEEO_QUJ\002699.00C
Commitment No: WMS2627
ADDENDUM TO PURCHASE AGREEMENT
Relative to the Purchase Agreement by and between City 'of Muskegon, a Michigan municipal
corporation as Seller(s) and County of Muskegon, Board of Public Works as Buyer(s) of property
located at 635 Ottawa Street, Muskegon, MI 49442 dated August 22, 2006, it is hereby agreed
that the said Purchase Agreement is amended as follows:
The complete legal description of the property as attached.
No Earnest Deposit.
Buyer and Seller to split closing cost 50/50.
Closing date extended to January 11, 2007.
All other terms and conditions of said Purchase Agreement remain unchanged.
Date: _______,/_··--'-!/_~()------'---']~--
City of Muskegon, a Michigan
municipal corporation
, r
1
tJ·{QCXL·rlldEI~t(lllJ
BY: .pe Mitchell,
Planner I
County of Muskegon, Board
of Public Works
~4~~
~~OU<;f as M. Hughes
AssiStaflt Corp. Counsel
Transnation Title Insurance Company
570 Seminole Road, Suite 201
Muskegon, MI 49444 '
Escrow Officer: Teresa LaVigne Title No.: WMS2627
Date: 01/11/2007
SELLER'S SETTLEMENT STATEMENT
Seller(s): City of Muskegon, a Michigan municipal Buyer(s): County of Muskegon, Board of Public Works
corporation
Property: 635 Ottawa Street
Muskegon, MI 49442
Section 20, T 010N, R 016W
DEBIT CREDIT
Contract Sales Price $93,840.50
Settlement or closing fee to LandAmerica Transnation $140.00
Title insurance to LandAmerica Transnation $631.00
***** Sub Total $771.00 $93,840.50
Balance Due To Seller $93 069.50
Total $93,840.50 $93,840.50
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
City of Muskegon, a Michigan
municipal corporation
Quit Claim Deed
City of Muskegon, a municipal corporation, of933 Terrace Street, Muskegon, Michigan49440 ("Grantor"),
Conveys and Quit Claims To: County of Muskegon, Board of Public Works, of 990 Terrace Street, Muskegon,
Michigan, 49440 ("Grantee")
the property in the City of Muskegon, County of Muskegon, State of Michigan, which is legally described in
attached Exhibit A ("Premises").
for the sum of: Ninety Three Thousand Eight Hundred Forty Dollars and Fifty Cents ($93,840.50).
The Grantee covenants and agrees to topsoil, seed, and cover the Premises with mulch, and thereafter maintain the
Premises not occupied by the re-constmcted Lift Station C. Additional landscaping design for the premises shall be
subject to the approval of the Grantor, which approval shall not be urueasonably withheld. It is agreed by the parties
that this covenant shall run with the land.
This deed is exempt fi·om real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
'2006
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instmment was acknowledged before me this '\ day of 0f--l:L ""'-bll\
~' ,
200__,by Stephen J. Warmington and Linda Potter, Mayor and Acting Clerk of the City of Muskegon, a municipal
corporation. (
~D
c·l-)<-·'--..\. -,.,. KilM.'\0:TNS L\,_
l ) \ ) \( •
..I c ""' )'Y). \<'r" \Z
lCD """' 1 , Notary Public
~ \0....~ , County, Michigan
My commission ifes: D S- ) ?-,- cii'>J d.
Acting in Muskegon County, Michigan
Drafted by & when recorded return to: Send subsequent tax bills to:
John C. Schrier Grantee
PARMENTER O'TOOLE
175 West Apple Avenue, P.O. Box 786
Muskegon, Michigan 49443-0786
G:\EDSI\FI LES\00 100\2005\DEED _QU 1\002699.DOC
Exhibit A
Legal Descriptions
PARCEL"A"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN REVISED PLAT OF 1903 BEING THE SOUTHERLY 40 FEET OF THE
WESTERLY 75 FEET OF LOT 8 OF BLOCK 170 OF SAID PLAT.
PARCEL "C"
CITY OF MUSKEGON, SECTION 20 TION R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT A POINT ON THE EAST
LINE OF BLOCK 170 OF SAID PLAT (WESTERLY LINE OF OTTAWA STREET)
BEING N65"44'29"W ALONG EXTENSION OF THE SOUTH LINE OF LOT 4 OF
BLOCK 169 OF SAID PLAT; THENCE S24"15'31"W 74.90 FEET ALONG SAID
EAST LINE; THENCE N01"27'58"W 107.61 FEET; THENCE EASTERLY 9.02 FEET
ALONG THE SOUTHERLY RIGHT OF WAY LINE OF OTTAWA STREET
(REALIGNED) ON A 209.86 FOOT RADIUS (27"18'07" DEG OF CURVE) CURVE
TO THE LEFT, ,1=02"27'46" THE LONG CHORD BEARING N84"43'59"E 9.02
FEET; THENCE SOl "27'58"e 29.39 FEET; THENCE S65"44'29"E 26.10 FEET TO
THE POINT OF BEGINNING.
PARCEL "D" (DESCRIPTION TO VACATE PART OF OTTAWA STREET)
CITY OF MUSKEGON, SECTION 20 Tl ON R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE N65"44'99"W 66.00
FEET TO A POINT ON THE EAST LINE OF BLOCK 170 OF SAID PLAT
(WESTERLY LINE OF OTTAWA STREET); THENCE S24"15'31"W 291.62 FEET
ALONG SAID EAST LINE; THENCE NORTHEASTERLY 117.80 FEET ON A 669.29
FOOT RADIUS (8"33'38" DEG OF CURVE) CURVE TO THE LEFT, il=10"05'04",
THE LONG CHORD BEARING N58"23 '01 "E 117.65 FEET TO THE WESTERLY
LINE OF BLOCK 169 (EASTERLY LINE OF OTTAWA STREET) OF SAID BLOCK
169; THENCE N24"15'31"E 194.24 FEET ALONG THE WESTERLY LINE OF SAID
BLOCK 169 TO THE POINT OF BEGINNING.
PARCEL "E"
CITY OF MUSKEGON, SECTION 20 TlON R16W, MUSKEGON COUNTY,
MICHIGAN, REVISED PLAT OF 1903 BEGINNING AT THE SOUTHWEST
CORNER OF LOT 4 OF BLOCK 169 OF SAID PLAT; THENCE S24"15'31"W 194.24
FEET ALONG THE WESTERLY LINE OF BLOCK 169 (EASTERLY LINE OF
OTTAWA STREET); THENCE NORTHEASTERLY 207.78 FEET ON A 669.29
FOOT RADIUS (8"33'38" DEG OF CURVE) CURVE TO THE LEFT, ,1=17"47'16",
THE LONG CHORD BEARING N44"26'51"E 206.95 FEET TO THE SOUTHERLY
LINE OF SAID LOT 4; THENCE N65"44'29"E 71.42 FEET ALONG THE
SOUTHERLY LINE OF SAID LOT 4 TO THE POINT OF BEGINNING.
Commitment No: WMS2627
ADDENDUM TO PURCHASE AGREEMENT
Relative to the Purchase Agreement by and between City 'or Muskegon, a Michigan municipal
corporation as Seller(s) and County of Muskegon, Board of Public Works as Buyer(s) of property
located at 635 ottawa Street, Muskegon, MI 49442 dated August 22, 2006, it is hereby agreed
that the said Purchase Agreement is amended as follows:
The complete legal description of the property as attached.
No Earnest Deposit.
Buyer and Seller to split closing cost 50/50.
Closing date extended to January 11, 2007.
All other terms and conditions of said Purchase Agreement remain unchanged.
Date:
City of Muskegon, a Michigan
municipal corporation
·(~.t \riv)Lilht~~~~~~l~) . •c( ,i
BY: ~dpe Mitchell,
Planner I
County of Muskegon, Board
of Public Works
EXHIBIT A
File Number - WMS2627
Legal Description:
City of Muskegon, Section 20, T1 ON, R16W, Muskegon County, Michigan, Revised Plat of 1903
Beginning at a point on the East line of Block 170 of said Plat (Westerly line of Ottawa Street)
begin N 65" 44' 29" W along extension of the South line of Lot 4 of Block 169 of said Plat; thence
S 24" 15' 31" W 74.90 feet along said East line; thence N 01" 27' 58" W 107.61 feet; thence
Easterly 9.02 feet along the Southerly right of way line of Ottawa Street (realigned) on a 209.86
foot radius (27" 18' 07" deg of curve) curve to the left, delta angle~ 02" 27' 46", the long chord
bearing N 84" 43' 59" E 9.02 feet; thence S 01" 27' 58" E 29.39 feet; thence S 65" 44' 29" E 26.10
feet to the Point of Beginning.
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- August 22, 2006
TO: Honorable Mayor & City Commissioners
FROM: Planning Department c.JbG
DATE: August 1, 2006
SUBJECT: Approval of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from
Pierre and Tondalaya Tyson for the new construction of a home in the Marquette neighborhood
at 1293 Marquette Avenue. The property is located in a Neighborhood Enterprise Zone for new
construction. The application states that the estimated cost for construction will be $191,537 in
materials. The applicant has met local and state requirements for the issuance of the NEZ
certificate. Approval or denial by the City Commission is required within 60 days of the
application date and must be forwarded to the State Tax Commission.
FINANCIAL IMPACT
Taxation will be 50% of the State average for the next 12 years.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
Approve issuance of the NEZ certificate.
COMMITTEE RECOMMENDATION
None.
0:\Planning\COMMON\NEZ\1293 Marquette\Agenda Item.doc
Resolution No. 2006-7l(b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE ISSUANCE
OF A NEIGHBORHOOD ENTERPISE ZONE CERTIFICATE
WHEREAS, an application for a Neighborhood Enterprise Zone Certificate has been filed with
the Acting City Clerk by Pierre and Tondalaya Tyson to construct a home at 1293 Marquette
Avenue in the Marquette neighborhood, and;
WHEREAS, the applicant has satisfied both the local and state eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
WHEREAS, the Neighborhood Enterprise Zone Certificate will be good for twelve (12) years;
NOW, THEREFORE, BE IT RESOLVED that the application for a Neighborhood Enterprise
Zone Certificate for the new construction of a home by Pierre & Tondalaya Tyson be approved.
Adopted this, 22"d day of August, 2006.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierenga
Nays: None
Absent: None
Attest: ~ ~
Linda Potter
Acting City Clerk
CERTIFICATION
2006-7l(b)
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 August 22, 2006.
By: ~ 4!k
Linda Potter
Acting City Clerk
City-Owned Property to Sell
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Commission Meeting Date: August 22, 2006
Date: August 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (jbv
RE: Zoning Ordinance Amendment to the Sign Ordinance for Window
Signage
SUMMARY OF REQUEST:
Request to amend Section 2334 (#5, h.) of Article XXIII (General Provisions) to amend the sign
ordinance language to clarify window signage allotments.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance language
clarifYing window signage allotments.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the amendment at their 8/10 meeting. The vote
was unanimous in favor of the amendment, with B. Smith absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 10, 2006
Hearing; Case 2006-35: Staff initiated request to amend Section 2334 (Signs, #5, h) of Article
XXIII, to clarify window signage allotments.
BACKGROUND
The issues with this section of the sign ordinance were discussed at the June meeting. Since several
businesses have been challenging the language as currently written, it was decided that a clarification
of this section was needed. A subcommittee made up of John Aslakson, Bill Larson, and Tim
Michalski met with Zoning staff to discuss the issues, and how to best redesign the language so the
intent is clear and enforceable. Therefore, the following language is offered for your consideration.
NEW LANGUAGE
Deletions are eresseE! oat and additions are bold.
Changes to Section 2334, Signs, #5, h:
5. Window signsage eO'rering may be up to twenty five percent (25%) ofthe strueture's
total window area of the commercial portion of the first floor of the front building
face. This allotment may be divided between multiple windows on the
commercial portion of the building.
DELIBERATION
I move that the amendment to Sections 2334 (#5, h) of Article XXIII (Signs), of the Zoning
Ordinance, be recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2201
An ordinance to amend Section 2334 (#5, h.) of Article XXIII (General Provisions} of the
Zoning Ordinance to amend the sign ordinance language clarifying window signage allotments.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (#5, h) of Article XXIII (General Provisions) is hereby amended to clarify the window
signage allotment:
5. h. Window signage may be up to twenty five percent (25%) of the total window area of
the commercial portion of the first floor of the front building face. This allotment may
be divided between multiple windows on the commercial portion of the building.
This ordinance adopted:
Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierenga, and
Carter
Nayes:_N_o_n_
e _ _ _ __ _ __ _ _ __ _ __ __ _ _ _ _ _ __
Adoption Date:___A_u=!_gu_s_t_2_2_;.,_2_00-'-6"'-----------
Effective Date:___s_e-=-p_t_em_b_e_r_8_ ,_2_0_06_ _ _ _ _ _ _ __
First Reading: _ _ _A_ug=..u_s_t_2_2_,_2_00_6_ _ _ __ _ __ __
Second Reading:_ _N_/A
_ _ __ _ __ _ _ _ __ __ __
CITY OF MUSKEGON
By: ~~
..:::.t.4£.<m
<...U-tt:i
!,..Lo'...___
..n o<)
~ · .f-.J.
&ti ~LII.~-
Linda S. Potter, CMC
Acting City Clerk
Commission Meeting Date: August 22, 2006 - Zoning Ordinance Amendment for window signage
CERTIFICATE
The undersigned, being the duly qualified clerk ofthe City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
22nd day of August, 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: _ ___:_:A::..:..:u""-gu::..:..:s:....:t--=-2=-2_ __, 2006.
Linda S. Potter, CMC
Acting City Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of fmal adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 22, 2006, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2334 (10.) of Article XXIII (General Provisions) to amend the sign
ordinance language to clarify window signage allotments.
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 _ __:cA::::ugu=s0t'----"29=------''
0 2006 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
Commission Meeting Date: August 22, 2006
Date: August15,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Public Hearing · Request for an Industrial Facilities Exemption
Certificate - SAPPI
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, SAPPI, has requested the issuance of an
Industrial Facilities Exemption Certificate for the property located at 2400 Lakeshore Drive,
Muskegon. The total capital investment is approximately $4,173,595.00 in ~property.
This request qualifies SAPPI for a term of seven (7) years for personal property.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of seven (7) years for personal property.
COMMITTEE RECOMMENDATION: None
8/15/2006
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
Project Summary:
SAPPI, an existing company located at 2400 Lakeshore Drive, Muskegon, Michigan, is installing new machinery
and equipment to expand its present operation. Due to the fact that the company is investing $4,173,595 in real property
it is eligible for a seven (7) year exemption for real property.
Employment Information:
Racial Characteristics:
White 273 85%
Minority 50 15%
Total 323 100%
Gender Characteristics:
Male 294 91%
Female 29 9%
Total 323 100%
Total No. of Anticipated New Jobs: 0
Investment Information:
Real Property: $ 0
Personal Property $4,173,595
Total: $4,173,595
Property Tax Information: (Annual} All Jurisdictions City Only
Total New Taxes Generated $102,253 $ 22,954
Value of Abatement $51,126 $ 11,477
Total New Taxes Collected $51,126 $ 11,477
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $0
Company Requirements:
~
Adopted Affirmative Action Policy 0~ No
Meeting w/ City Affirmative Action Director Yes No
Signed Tax Abatement Contract @1) No
Taxes Paid In Full @_.) No
Zoning Conflicts Yes
®
Affirmative Action Director
8/15/06
Mochigan Oepanmenl oflressu')'. STC
1012 (Rov. 4104)
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
Issued 1.1nder authority or P.A. 198 of 1974, as amended. Filing is mandatory.
INSTRUCTIONS: File the original and two copies of this form and the required attachments {three complete sets) with the clerk of the
local government unit. The State Tax Commission (STC) requires two complete sets (one original and one copy). One copy is retained
by the clerk. If you have any questions regarding the completion of this form or would like to request an information at packet, call (517)
373-3272
" 'Tobe·com leted by Clerk .of Local Governmeiit{lrii _!
Signature of Clerk
J Date receiv;i~Y L~?nit .
7 17 C'6
. ·. STC Use Only· .
Applicahon Number J Date Received by STC
APPLICATION INFORMATION
All boxes must be completed
1a. Company Name (Applicant must be the occupant/operator of the facility 1b. Stilndard Industrial Classiflca~on {SIC) Code Sec. 2{10) (four Digit Coda)
Sappi Fine Paper North America 2621
1c. location ol Facility {Street. City, State, ZIP) 1d. Name of Clty/TownshipNIIIege l1e. County
2400 Lakeshore Drive, Muskegon, Ml 49443 {Indicate which) Muskegon
2. Type of Approval Requested
181 NEW (SEC. 2(4))
City of Muskeoon
3. Schon! District Where Facility Is Located
Muskegon
I a. School Code
0 SPECULATIVE BUILDING (SEC. 3(8)) 0 TRANSFER (1 copy to only)
61010
~-Amount of y~ars raquesled for exemption (1 - 12 Years)
0 RESEARCH and DEVELOPMENT (SEC.2(9)) 0 REHABILITATION (SEC. 3(1)) 6 y13ars after completion of project
s. Thoroughly describe the project for which exempli em is sought Real Property (Type of Improvements to La no', Building, Size of Addition); Personal Properly {Explain New.
Used. Transferred from Out·of.State. etc.) ano' Proposed Use of facHity. (Please attach additional pages{s) if more room is !leaded).
The applicant is engaged in the manufacturing of high-quality coated commercial printing paper products.
6a. Cost of land and building Improvements (excluding cost of land) ... ············ ........
.... ...... . ... ......
• Attach list of improvements and associated costs. Real Property Costs
Real Property Costs
• Also allach a copy or building penni! if project has already begun
6b. Cost of machinery, equipment, furniture and fixtures. ..4 173 595 ...
• Attach itemized listing with month, day and year of beginning or insta!Jation plus total costs Personal Property Costs
Personal Property Costs
6c. Total Project Costs .. ............. ......... ..4 173 595 ...
Total of Real & Personal Costs
1. Indicate lhe lime schedule for start and finish of construction and equipment installation. PIO)ec!s must be completed within a two year period of the etfec!ive date of the
certificate unless otherwise approved by the STC.
Begin Date IM/D!Yl End Date IM/DNl
Real Property Improvements 0 Owned D Leased
Personal Property Improvements ... 1130!2006 ... 91112006 t8l Owned D leased
8. Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (ME DC)? tryes, applicant must aUach a signed
MEDC letter of Commitment to receive this exemption.
0 Yes til No
9. Number of existing jobs at this facility that will be retained as a result of this project. 10. Number of new jobs at this facility expected to be created
within two years of project completion.
195 0
11. Rehabilitation applications only: Complete a, b, and c of this section. You must attache the assessor's statement of valuation for the entire plant
rehabilitation district. The SEV dale below must be as of December 31 of the year prior to the rehabilitation.
a. SEV of Real Property (excluding land) ......................................................... ..........
.......... . .. NIA. .......
b. SEV of Personal Property (excluding Inventory) . ·············· . ... NIA..
c. Total SEV. . ..... ............ ... ..............................
. . .................................. ..... NIA ..
12a. Check the type of District the facility Is located in:
181 Industrial Develooment District D Plant Rehabilitation District
12b. Date district was established by local government unit 12c. Is this applicatton for a speculative building (sec. 3(8))
12/13/83
0 Yes til No
Contmue on Page 2
8/15/06
1012!pag~ 2)
APPLICANT CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no lnformalion conlained herein
or in the attachments hereto is false in any way and that all are truly descriptive of the industrial property for which this applicalion is being submitted.
Ills further certified thai the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, inclusive, of
the Michigan Complied Las; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the req~irements
thereof which are prerequisite to the approval of the application by the local ~nil of government and the issuance of an lnduslria! Facilities Exemption
Certificate bv lhe Stale Tax Commission.
13a. Preparer Name 13b. Phone Number 13c. Fax Number 13d. E-mail Address
Cindy Hendon 260-490·2121 260-490-1707 chendon@valutec.com
14a. Name of Contact Person 14b. Phone Number 14c. Fax Number 14d. E-mail Address
Cmdy Hendon 260-490·2121 260-490·1707 chendo~@~alutec.com
15a. Name of Company Officer (No Authorized Agents)
John O'Brien, Controller ,-.. \ 0.'"'-
15b. Signalure of Company Officer (No Aulhorized ~~ 15c. Date
~
15d. mailing Address (Street. City, State, Zip)
2400 Lakeshore Drive, MuskeQon, Ml 49443 ~-.____) 15e. Phone Number
231·759·5242
15f. E-mail Address
·ohn.o'brie~@l~aooi.com
LOCAL GOVERNMENT ACTION & CERTIFICATION
This section must be completed by the clerk of the local governing unit before submilling application to the State Tax Commission. Check items on file at
the Local Unit and those included with the submittal.
16. Action taken by local government unit 16b.The State Tax Commission Requires the following documents be
0 Abatement Approved for . ... Years (1·12) filed for an administratively complete application:
D 1. Original Application plus attachments, and one complele copy
After Completion DYes 0 No
0 Denied (Include Resolution Denying) 02 Resolution establishing district
0 3. Resolution approving/denying applicalion
16a. Documents Required to be on fife wilh the Local Unit 0 4. Letter of Agreement (Signed by local unit and applicant)
Indicate N/A If Not Applicable 0 5. Affidavit of Fees (Signed by local unit and applicant)
0 1. Notice to the public prior to hearing establishing a district 0 6. Building Permit for real improvement if project has already begun
0 2. Nolice to taxing authorities of opportunity for a hearing. 0 7. Equipment List with dates of beginning of installation
0 3. list of taxing authorilies notified for dislrict and applica!ion action 0 8. Form 3222 {if applicable)
0 9. Speculative building resolution and affidavits (if applicable)
0 4. Lease Agreement showing applicants lax liabllity.
12b. Date dislrict was established by local government unit Is this application for a speculative building (sec. 3(8))
112c.
0 Yes D No
17. Name of Government Body
Attached hereto Is an original and one copy of the application and all documents listed in 16b. I also certify that all documents listed in 16a are
on file at the local unit for inspection at any time.
19a. Signature of Clerk 19b. Name of Clerk 19c. E-mail Address
19d. Clerk's Mailing Address (Street, Cily State, ZIP) 19e. Phone Number 191 Fax Number
State Tax Commission Rule Number 57; Complele applicalions approved by the local unit and received by !he State Tax Commission by October 31 each
year will be acted upon by December 31. Application received after Oclober 31 may be acted upon in the following year
Local Unit: Mail one original and one copy of the completed application and all required attachments to:
Stata Tax Commission
Michigan Departmant of Treasury
P.O. Box 30471
Lansing, Ml 48909·7971
STC USE ONLY
LUCI Code Begin Date End Dale End Date2
8/15/06
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of
933 Terrace Street, Muskegon, Michigan 49441, ("City") and
("Company"), Sappi Fine Paper North America.
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company's subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that
it is in the best interests of the taxpayers, property owners and residents of the City that
this Agreement be approved and executed prior to the establishment of the requested
district, and the City deems this Contract, together with the conditions set forth in the
said Act to constitute a necessary element in the City's determination whether or not to
create the district.
C. The Company intends to install the project set forth in its application
("project") which it believes qualifies for the process of establishing the district and the
application for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to
create the district based upon the potential for the production of permanent jobs, the
continuation or increase of economic activity, planning and zoning considerations and
the City's general plan and intentions regarding economic development. In addition to
the City policy considerations and predictions that the Company's proposed district and
certificate benefit the community in those ways, the City has further determined that the
contractual commitments made by the company to thereby assist the community shall
be binding on the Company and necessary to continue the tax exemption made possible
by the certificate.
NOW THEREFORE THE PARTIES AGREE:
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the company agrees:
1.1 That percent of the promised new jobs shall be in place with
full time employees on or before , 20_, and percent of the
said jobs shall be in place with full time employees on or before ,
20__ . Finally, 100% of the jobs shall be filed and in existence with full-time
employees by a date no later than (2) years from the date of the granting of the
certificate by the State Tax Commission.
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1.2 That the amount of jobs listed on the application, whether ne\.v or retained, will be
maintained through the life of the abatement, subject to the provisions of srction 3.4 of
this agreement.
1.3 The Company shall meet the affinnative action goal included in the application or in any
documents supplied by the City and utilized by the Company, including any additional
representations made to the City Commission on or before the date two (2) years after the
granting of the certificate by the State Tax Commission. It shall maintain the said levels
of 14% employment diversity during the period of the certificate, subject to the
provisions of section 3.4 of this agreement.
1.4 The Compm1y, by the end of two (2) years from the date of the grant of the certificate by
the State Tax Commission shall have completed the investment of$4, 173,595.00 in the
equipment and improvements as shown in the application> subject to the provisions of
section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment shall be
completed on or before the date two (2) years tfom the date of granting of the ce11ificate
by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall
not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in supplying all requested
and re4.uired documentation regarding jobs, investment, the meeting of all goals and the
timely installation and utilization of equipment and improvements. The City shall be
entitled to inspect at reasonable hours the Company's premises where the said
improvements and equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax abatement is
granted, the level ofjobs, afthmative action goals, production and utilization of the
improvements and equipment at the site where the disttict has been created and for which
the tax exemption has been granted.
1.9 The Company shall not cause or fail to cure the release of any hazardous substance> or the
violation of any environmental law on its premises in the City. It shall repo11 any releases
to the appropriate governmental authority in a timely and complete manner, and provide
copies of said report documentation to the City. It shall comply with all orders and actions
of any governmental agency having authority.
1.1 0 The Company shall maintain the equipment and improvements so as to minimize physical
or functional obsolescence .
. II The Company shall continue to operate its business location in the City, containing the
same number of and type of jobs, for the term of the certificate.
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certificate. Further, the City shall require the submission of the contract signed by the
Company together with its applications, before creating the district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for
purpose of this Agreement, City of substantially all of the production facilities,
and the elimination of substantially all the jobs created or retained thereby,
which are set forth in the Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3.4 The failure to create or retain jobs, meet affirmative actions goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby.
3.5 The bankruptcy or insolvency of the Company.
3.6 The failure to pay any and all taxes and assessment levied on the
Company's property or any other taxes, local, state or federal, including but
not limited to City income taxes and the withholding of said City income
taxes from employees as required by the City Income Tax Ordinance.
3. 7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The company shall pay to the City for prorate distribution to the
taxing units experiencing the abatement, an amount equal to the
difference between the industrial facilities tax which it has paid, and the
total property taxes to the relevant taxing units which it would have paid,
given its installations of improvements and equipment, during the years
for which the certificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the 1FT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this agreement to the State
Tax Commission in connection with its revocation procedure, giving
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notice that the default has occurred and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and
shall be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorate, and any remaining value of
equipment shall be placed on the regular tax roll.
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced.
4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorate basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statute, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action
against the Company for the said amount, and in addition, cumulatively, and not
by election, the City shall have a special assessment lien on all the property of
the Company personal and real, located in the City, for the collection of the
amounts due as in the manner of property taxes and such case the collection of
the said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered.
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be performed
within the State of Michigan.
6. Counterparts. This agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
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8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company an Industrial Facilities Exemption
Certificate.
CITY OF MUSKEGON
By·----------------~------
,Mayor
and ______~--~--~----------
Gail A. Kundinger, Clerk
Its.___________________
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8/15/06
Resolution No. 2006-72 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
SAPPI
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
December 13, 1983, this Commission by resolution established an Industrial Development District
as requested by SAP PI, 2400 Lakeshore Drive, Muskegon, Michigan 49441; and
WHEREAS, SAPPI has filed an application for the issuance of an Industrial Facilities Tax Exemption Certificate
with respect to a building expansion and new machinery and equipment to be installed within sa·ld
Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on August
22, 2006, at the Muskegon City Hall in Muskegon, Michigan at 5:30p.m. at which hearing the applicant,
the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of SAPPI, for the issuance of an Industrial Facilities Tax Exemption Certificate with
respect to the building expansion and installation of new machinery and equipment on the following
described parcel of real property situated within the City of Muskegon to wit:
(See Attachment #1)
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of seven (7) years on personal property.
Adopted this 22nd Day of August 2006.
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Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter, and Davis
Nays : None
Absent: None
ATIEST: ---"-""
d '-C. ~
IL.J-.-.><~-+'-'~
'--"'=-=---
Linda Potter, Actifl9CitiCierk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on August 22, 2006.
~ !d6&
Linda Potter, Acting City Clerk
8/1 5/06
Attachment A: Property Description
CITY OF MUSKEGON REVISED PLAT OF 1903 BLKS 598 599 600 601 602 603 & 604 EXC WLY 260FT
ALSO RICHARDS ST VAG FROM N LN LAKESHORE DR TO SHORE OF MUSKEGON LAKE EXC C&O
ROW ALSO LOT 19 BLK 597 EXC COM @ SE COR SD LOT 19TH NWLYON ELY LN SD LOT 125 FT TH
WL Y 70 FT TH SELY 125 FT TO S LN SD LOT TH ELY 70 FT TO BEG SUBJ TO UTILITY ESMT 2251/225
SUBJ TO UTILITY ESMT 2251/228
8/15/06
Commission Meeting Date: August 22, 2006
Date: August 15, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department W, G ·
RE: Public Hearing to Review 2005-2006 Consolidated
Annual Performance Evaluation Report (CAPER)
SUMMARY OF REQUEST: To conduct a public hearing on August
22, 2006 to review accomplishments and receive comments from the
public concerning the 2005- 2006 Consolidated Annual Performance
Evaluation Report (CAPER) developed by the Community and
Neighborhood Services department
After the public hearing has been conducted and all the comments
have been documented; the Community and Neighborhood Services
office requests that the Commission direct the staff to submit the
required documents to the U. S. Department of Housing and Urban
Development (HUD) in compliance with 24 CFR 91.520, by no sooner
than August 31, 2006.
FINANCIAL IMPACT: The City is required to submit the CAPER
report in order to continue receiving Community Development Block
Grant (CDBG) and HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to gather comments
from the public and to submit the CAPER to HUD after the public
comment period has elapsed.
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: August 22, 2006
Date: August 14, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.,(O~
RE: Request for Final Planned Unit Development approval for
Terrace Lots.
SUMMARY OF REQUEST:
The request for Final Planned Unit Development (PUD) approval at the Terrace Lots
for a mixed use retail and commercial development. The request is by Carl Miskotten,
Downtown Muskegon Believers, LLC.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends final approval of the PUD provided that the conditions listed in the
attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the Preliminary PUD and the
final PUD, with the conditions listed on the attached resolution, at their August 10, 2006
meeting. The vote was approved by majority vote, with T. Harryman voting no, and B.
Smith absent.
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
l
CITY OF MUSKEGON
RESOLUTION #2006-73(a)
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR
TERRACE LOTS.
WHEREAS, a petition for a planned unit development was received from Carl Miskotten,
Downtown Muskegon Believers, LLC; and,
WHEREAS, a planned mlit development will allow a mixed use retail and commercial
development; and,
·wHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planning Commission and staff have recommended approval of the Final
Planned Unit Development and associated site plan, with conditions as follows:
1. A landscaping plan will need to be submitted and approved by the Planning
Department.
2. The Fire Department requirements listed in number 11 of the Planning
Commission staff report must be met.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved.
Adopted this 22nd day of August, 2006
Ayes: Spataro, Warmington , Wierengo, Carter, Davis, Gawron , and
Shepherd
Nays: None
Absent: None
Attest: ~ J _~
Linda S. Potter , CMC
Acting City Clerk
CERTIFICATE (Final PUD Terrace Lots.)
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 a
resolution adopted by the Ci!( Commission of the City ofMuskegon, at a regular meeting of the
City Commission on the 2211 day of August, 2006, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records ofthe City of
Muskegon. I 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: _ _ .:...:Au=gu=s=t--=2=2'------' 2006.
Linda S. Potter, CMC
Acting City Clerk, City of Muskegon
0 :\Planning\COMMON\Zoning\City Commission ltems\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
Staff Report [EXERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 10, 2006
Hearing; Case 2006-32: Request for preliminary Planned Unit Development for mixed use
retail and commercial approval for Terrace Lots, between Terrace Street, Western Avenue,
and Shoreline Drive, by Carl Miskotten, Downtown Muskegon Believers, LLC.
BACKGROUND
Applicant: Carl, Miskotten, Downtown Muskegon Believers, LLC
Property Address/Location: "Terrace Lots", between Terrace Street, Western
Avenue & Shoreline Drive
Reguest: Preliminary Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
Hearing; Case 2006-33: Request for final Planned Unit Development approval for mixed
use retail and commercial for Terrace Lots, between Terrace Street, Western Avenue, and
Shoreline Drive, by Carl Miskotten, Downtown Muskegon Believers, LLC.
BACKGROUND
Applicant: Carl, Miskotten, Downtown Muskegon Believers, LLC
Property Address/Location: "Terrace Lots", between Terrace Street, Western
Avenue & Shoreline Drive
Reguest: Preliminary Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: B-2, Convenience and Comparison Business
STAFF OBSERVATIONS
1. This property was formerly known as the "Terrace Lots", and was recently sold to the
developer by the City of Muskegon.
O:\Pla1ming\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-33 Tenuce Lots Final PUD.doc
2. The property is presently zoned B-2, Convenience and Comparison Business. All of the
proposed uses can't be acconnnodated under the present zoning, therefore a PUD has been
requested.
3. The properties to the north and west which includes National City Bank and the Smart Zone,
is also zoned B-2. The zoning to the east is B-4, General Business District, and to the south is
B-3, Central Business District
4. The request for the PUD is for development of retaiVconnnercial and small specialty food
establishments. A restaurant, a Harley Davidson dealership, as well as new and used car
dealerships were included on the original site plan.
5. Staff has met with the developer to discuss the concerns of the previously submitted site plan.
A new site plan was submitted on 8/9/06. The developer addressed many of the former issues
that staff had with the site plan. Those concerns include the location of the buildings and how
they are oriented to the street, as well as sidewalks, the used car dealership, and number of
parking spaces.
6. The Harley building has been turned and pulled closer to Terrace Street from Shoreline Drive.
The car dealership has been turned and reconfigured. The restaurant building has been moved
from beside the Central Fire Station property to behind it. The used car dealership building
was removed from the site plan.
7. The large parking area located closest to Shoreline Drive, between the Harley and car
dealerships, will be used for motorcycle testing and Fire Department training.
8. Five motorcycle display pads and a patio area have been added as part of the Harley
dealership plan.
9. Pedestrian circulation has been provided by adding sidewalks on the perimeter and through
the site (see #1 0).
10. The following issues still remain:
a. Sidewalks are provided on the Terrace and Western sides of the site, connecting to the
sidewalks on the Central Fire Station property. A pedestrian walkway is now
provided from Western Avenue past the rear of the restaurant building and connecting
to the Harley Davidson building. This is a big improvement for pedestrian access, but
there needs to be more connectivity throughout the site. For example, a sidewalk
needs to be provided between the restaurant building and the car dealership.
b. Indicate size of motorcycle parking spaces. This area should have signs that indicate it
is for motorcycles only, or pipe bollards preventing cars from entering the motorcycle
parking area.
c. Height ofthe proposed structures need to be shown.
d. Location, type, height and design of all outdoor lighting must be shown. All lighting
must 100% cut-offstyle.
e. Show specs for dumpster screening.
f. Show locations of all fire lanes, fire lock boxes, hydrants, standpipes and security
lighting.
g. A landscaping plan still needs to be submitted.
h. The areas of the parking lot that is planned for "future development" should be so
designated on the site plan.
1. Permits are required for all signage on the site.
11. In addition, the Fire Department has the following requirements:
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
a. Project shall comply with NFPA 1141 standard for fire protection in planned building
groups.
b. Additional hydrants shall be installed to meet the fire flow and water supply
requirements per International Fire Code 2003, Section 508. An amended drawing
shall be submitted showing all existing and proposed fue hydrants.
12. Planning staff has the following concerns:
a. The new plan has over 120 few parking less spaces that the original. There are
328 parking spaces shown for cars and 93 spaces for motorcycles, for a total of
421 spaces. The previous plan had 549 spaces. With several different businesses
sharing the parking, it is difficult to calculate the proper amount of parking.
Without details of the interiors of the buildings, staff can't make that calculation.
The ordinance requirements would be for "Open Air Business" for the car
dealership and Harley Davidson, but would also include office, retail and repair
area calculations. The restaurant parking would be determined by maximum
occupancy load.
b. Although a landscaping plan wasn't submitted with the site plan, there are several
open areas designated for landscaping. Since the site has approximately I ,258 of
street frontage, the landscaping required for the site would be extensive. The
scattered open areas designated for landscaping, should be well done, and provide
a relief for the large paved parking areas. The public space, located along the
frontage on Shoreline Drive, could also be used by the developer to locate the
landscaping needed along that side of the development. Staff could work with the
developer and architects to develop an aesthetically pleasing plan that preserves
the views and display areas, but also meets the requirements of the zoning
ordinance.
13. Staff has received no comments regarding this request.
0:\Planning\COMMON\Zoning\City Connnission Items\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
City of Muskegon
Planning Commission
Case# 2006-32 & 33
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.
II• Subjoo\Proporty(l.,)
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8·2 = Convonlonco & Comp•rlun Bu<lnou
9·3 ~ Conlr•l9u>lnoss
8·4 • Oenoral Business
0:\Planning\COMMON\Zoning\CityCommission ltems\PUDs\2006 PUDs\Case 2006-33 Temtce Lots Final PUD.doc
0:\Planning\COMMON\Zoning\City Conunission Items\PUDs\2006 PUDs\Case 2006-33 Tennce Lots Final PUD.doc
Planned Unit Developments
Exce1pted from Section 210 I : Development Options
I. Planned Unit Development (PUD) Purpose
The plllpose of this option is to permit flexibility in the regulation of land development;
encourage innovation in land use and variety in design, layout, and type of structures
constructed; achieve economy and efficiency in the use of land, natural resources and
utilities; encourage provision of useful open space; provide adequate housing,
employment, and shopping opportunities particularly suited to the needs of the residents of
the City of Muskegon and encourage the use, reuse, and improvement of existing sites and
buildings when the uniform regulations contained in zoning districts do not provide
adequate protection and safeguards for the site or surrounding area.
This option is intended to accommodate developments with mixed or varied uses, to allow
some degree of flexibility in the application of standards and regulations in this Ordinance
to achieve innovation to development on sites with unusual topography or unique settings
within the community, or on land which exhibits difficult or costly development problems,
and shall not be allowed where this option is sought primarily to avoid the imposition of
standards and requirements of zoning classifications rather than to achieve the stated
pu1poses above.
a. Planned Unit Development Regulations, Standards and Requirements
I) The entire parcel for which application is made must be under one
ownership or the application must be made with the written authorization
of all property owners.
2) The application shall meet the criteria established in each specified zoning
district.
b. PUD Review Procedures
I) A petition for a PUD approval shall be submitted in accordance with
Section 2332 of this ordinance.
2) The review shall be in two phases:
3) The preliminary phase shall involve a review of a conceptual PUD plan to
detem1ine its suitability.
4) The fmal phase shall require a detailed development plan for any part of
the approved conceptual PUD plan.
0:\Pianning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-33 Tenace Lots Final PUD.doc
c. Standards for Approval ofPUD Plans
The Planning Commission shall approve, deny or modify preliminary PUD plans,
based upon the following standards. Likewise, the City Commission shall
approve, deny, or modify final PUD plans (after review and recommendation by
the Planning Commission) based upon the following standards.
1) The uses proposed will have a beneficial effect, in terms of public health,
safety, welfare, or convenience of any combination thereof, on present and
potential surrounding land uses. The uses proposed will not adversely
affect the public utility and circulation systems, surrounding properties, or
the environment.
2) The uses proposed should be consistent with the land use plans adopted by
the City.
3) The amount of open space provided, which the Planning Commission or
City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
4) The amount of off-street parking areas, which the Planning Commission
or City Commission may modify even though such modifications do not
conform to that required in other sections of this ordinance.
5) The amount of landscaping and buffering areas, which the Planning
Commission or City Commission may modify even though such
modifications do not conform to that required in other sections of this
ordinance.
6) The protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7) The uses proposed will result in safe, convenient, uncongested and well
defined vehicular and pedestrian circulation systems.
2. Preliminary PUD Plan Submission
The applicant shall submit together with the application for PUD preliminary phase
approval:
a. A general development plan depicting the proposed locations of streets, parking
areas, open spaces, buildings and structures, and their spatial relationships, the
relationship to off-site improvements and infiastructure and any unusual
topographic features.
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-33 Tenuce Lots Final PUD.doc
1) Approval by the Planning Commission of the PUD Preliminary Plan shall
remain in effect for a period not to exceed three (3) years from the date of
approval.
3. Final PUD Plan Submission
The applicant shall submit together with the application for PUD fmal phase approval,
development plans in sufficient detail and in so far as possible the specific locations and
dimensions of:
a. all streets, sidewalks, public and private utilities, parking areas, truck docks and
service drives;
b. all buildings and structures, elevations and spacial relationships;
c. landscaping, buffers, fences, and protective walls;
J. open space areas and other significant environmental features;
k. existing and final topographic changes;
I. identification and directional signage:
m. a property survey prepared and certified by a licensed land surveyor;
4. Amendments to an Approved Final PUD Plan
a. Incidental or minor changes may be approved by the Planning
Commission ifthe proposed modifications do not alter the basic design or
land uses of the plan.
b. If the Planning Commission determines that the proposed modifications
are significant or major, a public notice and public hearing in accordance
with Section 2332 must be conducted prior to approval or denial.
5. PUD Development Time Limits
a. Construction of the improvements shown on the approved final PUD plan
with all proposed buildings, parking areas, landscaping and infrastructure
must commence within one year of approval by the City Commission.
b. Construction must be continued in a reasonable, diligent manner and be
completed within five (5) years.
a. Said five (5) year period may be extended if applied for in writing by the
petitioner and granted by the City Commission following public notice
and public hearing in accordance with Section 2332 of this ordinance.
Failure to secure an extension shall result in a stoppage of all construction.
STAFF RECOMMENDATION
Staff recommends approval of the request for a Preliminary PUD for the Terrace Lots, between
Terrace Street, Western Avenue, and Shoreline Drive.
0:\Planning\COMMON\Zoning\CityCommission Items\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
DELIBERATION
Standards for discretionary uses: (emphasis provided)
I. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 233lofthe ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the Preliminary PUD for a mixed-use retail and commercial development on the
"Te1race Lots", between Terrace Street, Western Avenue and Shoreline Drive be
(approved/denied) pursuant to the determination of (compliance/lack of compliance) with the
intent of the City Zoning Ordinance and City Master Land Use Plan, with the following
conditions:
1. A revised site plan be submitted and approved by the Planning Department, which
addresses items 10 and 11 of the staff report.
0:\Planning\COMMON\Zoning\CityCommission Items\PUDs\2006 PUDs\Case 2006-33 Terrace Lots Final PUD.doc
Commission Meeting Date: August 22, 2006
Date: August 14, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c.fuC-
RE: Tool & Die Recovery Zone Status for Eagle
Aluminum Cast Products
SUMMARY OF REQUEST: To approve the attached Development
Agreement and Resolution establishing a Tool & Die Recovery Zone for
Eagle Aluminum Cast Products, for property located at 664 W. Clay
Street.
FINANCIAL IMPACT: The loss to all units would be over $181,000.
This property is located in the Downtown Development Authority but City
staff has been unable to calculate the impact on the DDA's budget. In
addition any future investments would be tax exempt also.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development
Agreement and Resolution establishing a Tool & Die Recovery Zone,
and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
2006-73(b)
Resolution to Request a Renaissance Recovery Zone
WHEREAS, the City of Muskegon desires to promote economic activity and maintain/increase
the number of jobs available to residents of the area, and;
WHEREAS, certain industries in the state are facing difficult times and the tool and die industry,
in particular, has sustained losses due to foreign competition and increased productivity;
WHEREAS, the designation of a Renaissance Recovery Zone will temporarily reduce the tax
burden paid by the business enabling it to reposition itself to compete globally, and;
WHEREAS, the business has entered into a collaborative agreement with other business entities
having the appropriate North American industrial classification, and;
WHEREAS, the qualified tool and die business property is property leased or owned by a tool
and die business and used primarily for tool and die operations;
WHEREAS, should the area be designated a Renaissance Recovery Zone, property within that
zone will be exempt from taxes levied by the city, county, and other units of govemment as
provided under this Act, and;
WHEREAS, we estimate that the tax revenue lost, which is estimated on the attached schedule,
would be a small fraction of the benefits the designation of a Renaissance Recovery Zone will
bring the community.
THEREFORE BE IT RESOLVED, that the City of Muskegon requests that the State of
Michigan designate Eagle Aluminum Cast Products, 5142 Evanston Avenue, Muskegon, MI
49442, Property lD # 61-24-205-318-0001-00, 61-24-900-351-0320-00 and 61-24-205-318-
0008-00, identified by the resolution a Renaissance Recovery Zone under Public Act 376 of
1996 for a duration of 15 years.
Adopted this 22"d Day of August 2006.
Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
Absent: None
2006-73(b)
ATTEST: ~ ~
Linda Potter, Acti ng City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeling held
on August 22, 2006. ·
Linda Potter, Acting City Clerk
08/09/2006 16:29 2317882165 EAGLE ALUM CAST PROD PAGE 02
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of933 Terrace Street, Muskegon, Michigan 49443 ("City")
and EAGLE ALUMINUM CAST PRODUCTS, INC. (the Company), a Michigan
corporation, of 664 W. Clay Avenue, Muskegon, MI.
Recitals:
A. The City has received a request from the Company and intends to
consider the location designation of a Tool and Die Renaissance Recovery Zone.
and as a condition thereof this Agreement must be approved and executed by
the Company prior to the establishment of the Tool and Die Renaissance
Recovery Zone. Upon approval of Tool and Die Renaissance Recovery Zone
status for the Property, the City will sign this Agreement. The City deems this
Agreement to constitute a necessary element in the City's determination
regarding the location of Company In the Tool and Die Renaissance Recovery
Zone, and the City relies upon the undertakings of Company in the Agreement to
allow and to continue the Tool and Die Renaissance Recovery Zone status of the
Company.
B. The Company intends to Install the projects set forth in its
Application for the Tool And Die Recovery Zone. The Company understands that
the City relies upon the undertakings of the Company In the Agreement to
establish and to continue the Company's status as a Tool And Die Renaissance
Recovery Zone Company.
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 Copy of the Michigan Renaissance Zone Act, as amended to
date.
2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
2.1 Maintain the current level of employment at the same level,
or better.
1
08/09/2006 16:29 2317882165 EAGLE ALUM CAST PROD PAGE 03
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning Tool and
Ole Renaissance Recovery Zone status have been properly filed,
the City shall, In a timely manner, proceed with the appropriate
meetings or applications including as necessary with the State of
Michigan and with all local review entities by law. The City may
consider this agreement in a meeting separate from and prior to the
meeting in which the City or any entity considers the approval of the
applicant for Tool and Die Renaissance Recovery Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to pay any taxes other than those exempted by
the Michigan Renaissance Zone Act, and the failure to pay
any special assessments levied on the Company's property
timely after levy or final appeal.
4.4 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
4.5 Relocation of the Company to a location outside of the City
limits of the City of Muskegon.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which It may
invoke without notice, except as may be reasonably required by the
Company's rights to due process.
5.1 Failure to Install Improvements. In the event the
Improvements, renovations and the equipment have not
been completed or installed by the time set forth in the
attachments. the City will petition the State to revoke the
Tool and Die Renaissance Zone status from the Company.
5.2 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that It would invest, the City will petition the State to revoke
the Tool and Ole Renaissance Recovery Zone status from
the Company.
2
68/69/2006 16:29 2317882165 EAGLE ALUM CAST PROD PAGE 64
5.3 Failyre to Maintain the Current level of employment.
Whether or not the installations have been completed. if the
Company has not maintained the number of employees at
the same level as when the application for a Tool and Die
Renaissance Recovery Zone Designation was submitted,
the City will petition the State to revoke the Tool and Die
Renaissance Recovery Zone status from the Company
5.4 Relocation of the Company to a location outside of the Cjty
limits of the Cltv of Muskegon. In the event the Company
relocates outside of the City of Muskegon, the City will
petition the State to revoke the Tool and Die Renaissance
Zone status from the Company.
5.5 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority.
5.6 Citv Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result In invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
3
2317882165 EAGLE ALUM CAST PROD PAGE 05
08/09/2006 16:29
6. Govemina Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Michigan Renaissance Zone Act of the State,
as amended.
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors assigns and
personal representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Tool and Die Renaissance Recovery
Zone designation.
10. lnvalldltv. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal co ·
By
s·
·=r::-5-
mington, Mayor
and &~do !Ztta,
Linda Potter, Acting City Clerk
Dated: dtt/'u.sf .W , 2006
Eagle Aluminum Cast Products, Inc.
Mark Fazakerl
Dated: ll - 't - 0 u
A
Revenue Loss For Eagle Alloy Tool & Die Zone
Real property Personal Property Personal Property
Taxable Value $138,800 $102,900 $500
Yearly loss for all units $6,945 $5,145 $25
Yearly City tax loss $1,500 $1,131 $5
Total loss for all units $181,725
Total loss for City $39,540
Commission Meeting Date: August 22, 2006
Date: August 14, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ({3t,
RE: Tool & Die Recovery Zone Status for Beckstrom
Mold Technology, Inc
SUMMARY OF REQUEST: To approve the attached Development
Agreement and Resolution establishing a Tool & Die Recovery Zone for
Beckstrom Mold Technology, Inc., 771 Access Hwy.
FINANCIAL IMPACT: The City will forgo approximately $68,075.00 in
taxes for the 15 year period of the zone. In addition any future
investments would be tax exempt also.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Development
Agreement and Resolution establishing a Tool & Die Recovery Zone,
and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
2006-73(c)
Resolution to Request a Renaissance Recovery Zone
WHEREAS, the City of Muskegon desires to promote economic activity and maintain/increase
the number of jobs available to residents of the area, and;
WHEREAS, certain industries in the state are facing difficult times and the tool and die industry,
in particular, has sustained losses due to foreign competition and increased productivity;
WHEREAS, the designation of a Renaissance Recovery Zone will temporarily reduce the tax
burden paid by the business enabling it to reposition itself to compete globally, and;
WHEREAS, the business has entered into a collaborative agreement with other business entities
having the appropriate Nmih American industrial classification, and;
WHEREAS, the qualified tool and die business property is property leased or owned by a tool
and die business and used primarily for tool and die operations;
WHEREAS, should the area be designated a Renaissance Recovery Zone, propetiy within that
zone will be exempt from taxes levied by the city, county, and other units of govemmcnt as
provided under this Act, and;
WHEREAS, we estimate that the tax revenue lost, which is estimated on the attached schedule,
would be a small fraction of the benefits the designation of a Renaissance Recovery Zone will
bring the community.
THEREFORE BE IT RESOLVED, that the City of Muskegon requests that the State of
Michigan designate Beckstrom Mold Technologies Inc- ID # 61-24-205-001-0003-94, 61-24-
900-351-0080-00 and 61-24-982-097-0407-00, 61-22-982-097-0407-00, identified by the
resolution a Renaissance Recovery Zone under Public Act 376 of 1996 for a duration of 15
years.
Adopted this 22"ct Day of August 2006.
Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
Nays: None
Absent: None
B
2006-73(c)
ATTEST: ~ ~
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the Muskegon City Commi ssion, County of Muskegon, Michigan, at a regular meeting held
on August 22, 2006.
Linda Potter, Acting City Clerk
DEVELOPMENT AGREEMENT
CITY OF MUSKEGON TOOL AND DIE RENAISSANCE RECOVERY ZONE
2006-73(c)
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a
municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49443 ("City")
and Beckstrom Mold Technologies a limited liability corporation of 771 Access
Hwy, Muskegon, Ml49442.
Recitals:
A. The City has received a request from the Company and intends to
consider the location designation of a Tool and Die Renaissance Recovery Zone,
and as a condition thereof this Agreement must be approved and executed by
the Company prior to the establishment of the Tool and Die Renaissance
Recovery Zone. Upon approval of Tool and Die Renaissance Recovery Zone
status for the Property, the City will sign this Agreement. The City deems this
Agreement to constitute a necessary element in the City's determination
regarding the location of Company in the Tool and Die Renaissance Recovery
Zone, and the City relies upon the undertakings of Company in the Agreement to
allow and to continue the Tool and Die Renaissance Recovery Zone status of the
Company.
B. The Company intends to install the projects set forth in its
Application for the Tool And Die Recovery Zone. The Company understands that
the City relies upon the undertakings of the Company in the Agreement to
establish and to continue the Company's status as a Tool And Die Renaissance
Recovery Zone Company. ·
NOW THEREFORE THAT PARTIES AGREE:
1. DOCUMENTS ATTACHED. Included in this Agreement are the
following documents which have been collected and relied upon by
the parties:
1.1 Copy of the Michigan Renaissance Zone Act, as amended to
date.
2. COMPANY AGREEMENT. The Company agrees to the following
commitments which it shall perform in a timely and reasonably
acceptable manner.
~~
2.1 Maintain the current level of employment at the same level.
3. AGREEMENT BY THE CITY. Provided this Agreement has been
executed and further provided all applications concerning Tool and
1
Die Renaissance Recovery Zone status have been properly filed,
the City shall, in a timely manner, proceed with the appropriate
meetings or applications including as necessary with the State of
Michigan and with all local review entities by law. The City may
consider this agreement in a meeting separate from and prior to the
meeting in which the City or any entity considers the approval of the
applicant for Tool and Die Renaissance Recovery Zone status.
4. EVENTS OF DEFAULT. The following actions or failures to comply
shall be considered events of default by the Company.
4.1 Failure to meet any of the commitments set forth above.
4.2 Failure to afford to the City the documentation and reporting
required.
4.3 The failure to pay any taxes other than those exempted by
the Michigan Renaissance Zone Act, and the failure to pay
any special assessments levied on the Company's property
timely after levy or final appeal.
4.4 The violation of any provisions, promises, commitments,
considerations or covenants of this Agreement.
4.5 Relocation of the Company to a location outside of the City
limits of the City of Muskegon.
5. REMEDIES ON DEFAULT. In the event of any of the above
defaults the City shall have the following remedies which it may
invoke without notice, except as may be reasonably required by the
Company's rights to due process.
5.1 Failure to Install Improvements. In the event the
improvements, renovations and the equipment have not
been completed or installed by the time set forth in the
attachments, the City will petition the State to revoke the
Tool and Die Renaissance Zone status from the Company.
5.2 Failure to Expend the Funds Represented. Whether or not
the installations have been completed, if the Company has
not expended the funds it has represented on its application
that it would invest, the City will petition the State to revoke
the Tool and Die Renaissance Recovery Zone status from
the Company.
2
5.3 Failure to Maintain the Current level of employment.
Whether or not the installations have been completed, if the
Company has not maintained the number of employees at
the same level as when the application for Industrial Facility
Tax Abatement was submitted, the City will petition the State
to revoke the Tool and Die Renaissance Recovery Zone
status from the Company
5.4 Relocation of the Company to a location outside of the City
limits of the City of Muskegon. In the event the Company
relocates outside of the City of Muskegon, the City will
petition the State to revoke the Tool and Die Renaissance
Zone status from the Company.
5.5 Other Violations. For any material violations of this
Agreement, the City reserves the right to seek declaration by
a court or entity with authority.
5.6 City Considerations for Determination in Matters of Default.
The City shall not unreasonably take any action which may
result in invocation of the remedies above. It shall take the
following factors into consideration:
5.6.1 The economic conditions, if any, reasonably known to
the City, which are found to be directly related to the
default or circumstance causing the proposed action
by the City.
5.6.2 The performance of the Company in meeting the
commitments and requirements of the Application, the
submitted materials, and the provisions of the
Certificate and this Agreement.
5.6.3 Whether the effect on the City's finances of the
Company's actions is material and substantial.
5.6.4 Whether the circumstances affecting the status of the
company was created by occurrences beyond the
control of the Company or could have been avoided,
and, in particular, whether the Company could
economically and feasibly continue to perform as
required by this Agreement.
3
6. Governing Law. This Agreement shall be construed and enforced
in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed within the State of Michigan,
and in particular the Michigan Renaissance Zone Act of the State,
as amended.
7. Counterparts. This Agreement may be executed in one or more
counterparts. Notwithstanding such execution all such counterparts
shall constitute one and the same Agreement.
8. Benefits. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors assigns and
personal representatives.
9. Effective Date. This Agreement shall be effective on the date the
State of Michigan grants the Tool and Die Renaissance Recovery
Zone designation.
10. Invalidity. In the event any provision of this agreement is declared
invalid by a court or tribunal having competent jurisdiction, the
remainder of the agreement shall remain in full force and effect.
CITY OF MUSKEGON,
a municipal cor atio
By
';10;\tAn,t\en rmington, Mayor
and~-~
Linda Potter, Acting City Clerk
Dated: J~ms t d<! , 2006
Beckstrom .Mold Technology
~ .. / / ' / \ ) /
/
By.LJ?u~"lS. /:;k:r:-:~.£0
/Its 'l:~r e S r c(,, .,---c--·~
and ______________________
Its ______________
Dated: flu(fust Jr_f, 2006
4
Revenue Loss For Beckstrom Mold Technology Tool & Die Zone
Real property (12 Real property (3
years of Tool and years of Tool and
Die Zone after Die Zone with 1FT Personal
.
expiration of 1FT) in place) Real Property Property
Taxable Value $175,196 $175,196 $14,881 $222,500
$9,986 $4,993 $848 $12,683
Yearly loss for all units $8,760 $4,380 $744 $11,125
Yearly City tax loss $1,927 $964 $164 $2,448
Total loss for all units $286,044
Total loss for City $68,075
Date: August 22, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Designation of Voting Delegates for the Michigan
Municipal League Annual Business Meeting
SUMMARY OF REQUEST: To designate by action of the Commission,
one of our officials who will be in attendance at the Convention as an
official representative to cast the vote of the municipality at the annual
meeting; and, if possible, to designate one other official to serve as
alternate.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
PLEASE RETURN BY SEPTEMBER 1, 2006
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:
Name __~C~l~a~r~·~a~S~h~e~p~h~e~r~d~---------------------------------
Title _____:C::l::.t"-"-y----'C'-'o'-'mc::.m=i-=s-=sc.:i::_o::_c::_n_e_r_____________________________
Our alternate official representative will be:
Name ______________________________________________________
Title -----------------------------------------------------
Offi cia I action of governing body on _____:A::_u::_g,_u=s--=t----'2"'2":-'-,_:.2:..:0:.:0::_6,_________
(date)
r-'-,__A_c_t__i_n~g,__C.:....:.l_e_r_k_______________
L_i_n_d_a___P_o_t_t_e__
Submitted by ____
Mu ni ci pality _____:C_::i_:t"'y'--o=f_:_M:_:u::.:s::_k_:_:e.=g_:o_:n::___________________________
OFFICIAL VOTING DELEGATES
ANNUAL BUSINESS MEETING
MICHIGAN
MUNICIPAL
lEAGUE
Michigan Municipal League
In accordance with the accompanying MML Annual Meeting Notice, each member city and village is to
appoint one Official Voting Delegate and one Official Alternate Voting Delegate to represent the city or
village at the Annual Business Meeting of the Michigan Municipal League.
The purpose of these instructions is to familiarize the voting delegate, especially those officials serving in
this capacity for the first time, with the procedure to be followed during the Annual Business Meeting.
1. Prior to entering the Business Meeting, Official Voting Delegates should check-in at the
registration desk located just outside of the meeting room. Official Voting Delegates will then
be given a pass to enter in the reserved seating area for Voting Delegates. If the Official Voting
Delegate is not present, the Official Alternate Voting Delegate should check-in at the registration
desk to be given the Voting Delegate pass.
Only the Official Voting Delegate will be seated in the area reserved for Voting Delegates.
If the Official Voting Delegate is not present, the Official Alternate Voting Delegate will take the
Delegate's place in the reserved area as the Voting Delegate. Therefore, each member city and
village will have only one person seated in the reserved area. All other municipal officials, and
all other Alternate Voting Delegates, may be seated outside the reserved area.
2. In general, Robert's Rules of Order, Newly Revised, will govern the conduct of the Annual
Business Meeting. Parliamentary decisions will be made by the President of the League who will
preside at the Annual Business Meeting. The President will be assisted by a Parliamentarian.
Parliamentary decisions by the Chair, if challenged from the floor, are subject to be sustained or
overturned by a majority of the voting delegates.
3. The Bylaw governing the submission of policy resolutions provides:
Section 4.5 - Resolutions
A. No resolution or motion shall be submitted to debate or vote at the annual
meeting or any special meeting unless it is germane to the functions and
purposes of the League.
B. No resolution or motion, excepting procedural and incidental matters having to
do with business properly before the annual meeting or pertaining to the conduct
of the meeting, shall be considered at the annual meeting unless it is either ( l)
submitted to the meeting by the Board of Trustees, or (2) submitted in writing to
the Board of Trustees by official action of the governing body of a member city
or village at least thirty (30) days preceding the date of the annual meeting**
Official Voting Delegates Annual Business Meeting Procedure Page 2
Michigan Municipal League
C. Every proposed resolution submitted by a member shall be stated in clear and
concise language and shall be accompanied by a statement setting forth the
reasons for recommending the proposed resolution. The Board shall consider the
proposal at a Board meeting prior to the next annual meeting and, after
consideration, shall make a recommendation as to the advisability of adopting
each such resolution or a modification there of. If time permits, each such
resolution with the recommendation of the Board shall be printed in the
Michigan Municipal Review.
**The deadline for receiving resolutions is August 29, 2006.
4. If a Voting Delegate wishes to speak, the Delegate should rise and proceed to one of the
microphones available in the reserved area and after recognition by the Chair, may then speak.
Since the Annual Business Meeting is being recorded, each Voting Delegate who wishes to speak
for any reason, after being recognized by the Chair, should first announce the Delegate's name,
title and municipality slowly and clearly into the microphone.
A member of the Board of Trustees, an Honorary Life Member, or a Chair or a designated
member of a League Standing or Special Committee may speak on a question, but may not vote
unless serving also as a Voting Delegate. If a question is raised about a proposed policy or
resolution, or an amendment is offered and seconded, the Chair or designated member of the
proper League Standing or Special Committee or a member of the Board of Trustees will be
called upon to speak at an appropriate time to explain the Committee's views be(ore the vote is
put on the question. In addition, upon request of the Chair, a member of the League staff may
speak on a question. Any other person present may speak only with the approval of the Voting
Delegate body.
5. If a Voting Delegate who has been seated wishes to have the Alternate Voting Delegate from
the Delegate's city or village speak on an issue, the Voting Delegate should request, after being
recognized by the Chair, to be excused from the reserved area and that the other person be
permitted to take the Delegate's place temporarily or for the balance of the meeting. Upon being
excused by the Chair, the Alternate Voting Delegate may then take the Voting Delegate's place
in the reserved seating area and may speak and vote as the Official Voting Delegate.
6. The above procedure is necessaty to assure that, in tbe event of a vote on a question by show
of hands or by voice vote of the Delegates, no city or village will have more than one person
seated in the reserved area
July 20, 2006
MICHIGAN Michigan Municipal League Annual Meeting Notice
MUNICIPAL
LEAGUE
(Please present at the next Council or Commission Meeting)
President Dear Official :
Michael N. Matheny
Mayor, Grand Blanc
The Annual Convention of the Michigan Municipal League will be held in Marquette,
Vice President
Clilra M. Shepherd September 27-29, 2006. The annual meeting is scheduled for 10:30 a.m. on Thursday,
Comn1issioner, September 28, at the Don H. Bottum University Center on the Northem Michigan
Muskego n University campus. The meeting will be held for the following purposes:
Trustees
Vicki Barnett 1. Election of Tmstees. To elect six members of the Board of Trustees for terms of
Milyor,
Filnningto n Hills
three years each (see page 2).
Robin 1:. Beltramini
2. Policy. To vote on statements of policy and resolutions properly brought before
Councilmember, Troy
the annual meeting. Allmembe1· cities and villages planning on submitting
Kathleen Buckner resolutions for consideration at the annual meeting are reminded that under the
M ayor Pro Tem,
Center Line Bylaws, the deadline for receiving resolutions is August 29, 2006 (see page 2).
D~;>borah L. Doyle
CouJ1cilmen1ber,
3. Other Business. To transact such other business as may properly come before the
Durand meeting.
Dilna W. Fosler
City Manager, Brighton Designation of Voting Delegates
George H eartwell
Mayor, Grand Rapids Pursuant to the provisions of the League Bylaws, you are requested to designate by action of
your governing body one of your officials who will be in attendance at the Convention as your
Kwame M. Kilpa trick
M ayor, D etroit official representative to cast the vote of the municipality at the amlUal meeting, and, if possible,
to designate one other official to serve as alternate. After taking this acti on, please return the
Linda L Gedeon·Kuhn
Commissio ner,
enclosed reply card no later than September 1, 2006.
Bridgman
florence L Schrader
Regarding the designation of an official representative of the member to the am1Ual meeting,
Treasurer, Ubly please note the following section of the MML Bylaws:
john C. Siira
City Manager, "Section 4.4 - Votes of Members. Each member city and village shall be equally
Wakefield privileged with all other members in its voice and vote in the election of officers and
Gladys A. Solokis
upon any proposition presented for discussion or decision at any meeti ng of the
Mayor, Gaylord members. Honorary members shall be entitled to participate in the discussion of any
question, but such members shall not be entitled to vote. The vote of each member shall
William R. Stewart
City Manager, be cast by its official representative attending the meeting at which an election of
Coldwater officers or a decision on any proposition shall take place. Each member shall, by action
Karl S. Tomion of its governing body prior to the annual meeting or any special meeting, appoint one
Ci ty Manager, Midland official of such member ci ty or village as its principal official representative to cast the
Kenneth Tousignilnt
vote of the member at such meeting, and may appoint one offici al as its alternate
Milyor, Iron M o untain offi cial representative to serve in the absence or inability to act of the principal
representative."
Gary Tuzinowski
Coundlrncmber,
Algonac
Jo hn). Z ech
City Manager, Wayne
Executiv<' Director
Daniel P. Gihnilrtin
16 75 Green Road, Ann Arbor, M l 48105 • Phone: 734·662-3246 • Fax: 73 4-662-8083 • www.mml.org
1. Election of Trustees
Regarding election of officers, under Section 5.3 of the MML Bylaws, six members of the Board of
Trustees will be elected at the annual meeting for a term of three years. The regulations of the Board of
Trustees require the Nominations Committee to complete its recommendations and post the names of the
nominees for the Board of Trustees on the bulletin board of the registration desk at least four hours before
the hour of the business meeting.
2. Statements of Policy and Resolutions *
Regarding consideration of resolutions and statements of policy, under Section 4.5 of the MMLBylaws,
the Board of Trustees acts as the Resolutions Committee, and "no resolution or motion, except procedural
and incidental matters having to do with business properly before the annual meeting or pertaining to the
conduct of the meeting, shall be considered at the annual meeting unless it is either (I) submitted to the
meeting by the Board of Trustees, or (2) submitted in writing to the Board of Trustees by resolution of the
governing body of a member city or village at least thirty (30) days preceding the date of the annual
1
meeting." Thus the deadline this year for the MML to receive resolutions is August 29 h.
"Every proposed resolution submitted by a member shall be stated in clear and concise language and shall
be accompanied by a statement setting for the reasons for recommending the proposed resolution. The
Board shall consider the proposal at a Board meeting prior to the next annual meeting and, after
consideration, shall make a recommendation as to the advisability of adopting each such resolution or
modification thereof."
The proposed 2006-07 Michigan Municipal League Policies and any new proposed Resolutions
recommended by the Board of Trustees for adoption by the membership are available on the MML
website*, to permit governing bodies of member cities and villages to have an opportunity to review such
proposals and delegate to their voting representative the responsibility for expressing the official point of
view of the member at the annual meeting.
The Board of Trustees will meet on Wednesday, September 27, at the Don H. Bottnm University Center
on the N01thern Michigan University campus in Marquette for the purpose of considering such other
matters as may be requested by the membership, in addition to other agenda items.
* The proposed 2006-07 MML Policies are available on the MML website at http://www.mml.org. If
you would like to receive a copy of the proposed policies by fax, please call the League at 800-653-
2483.
Sincerely,
~?~.~
Michael N. Matheny
President
~f~
Daniel P. Gilmartin
Executive Director
Enc.
2
Commission Meeting Date: August 22, 2006
Date: August 14, 2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services LJ, {;
Department
RE: Purchase of 466 Mulder
SUMMARY OF REQUEST: To approve the purchase of 466 Mulder
(Revised Plat 1903 lot 6 Block 18 ) from Arburt Golidy and Billie J.
Quinn. For the agreed upon price of two thousand six hundred twenty
five dollars ($2,625)
After 466 Mulder is obtained the City will combined the lot with the
parcel at 458 Mulder. The CNS office is currently completing a
rehabilitation project at that site. By adding the additional land the future
buyer of the house at 458 Mulder will now have added yard for possible
later expansion and or a garage.
FINANCIAL IMPACT: The funding for the purchase will be taken from
program income produce from the sale of the CNS properties
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
parcel.
COMMITIEE RECOMMENDATION: None needed
Commission Meeting Date: August 22, 2006
Date: August15,2006
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services G) , G,~ .
Department
RE: Approval of Sale of City owned home at 458
Mulder
SUMMARY OF REQUEST: To approve the sale of 458 Mulder to Ms.
Angela D. Major of 1170 Allen Avenue for the purchase price of $63,500
(Sixty-three thousand five hundred dollars)
The house at 458 Mulder was donated to the City of Muskegon. At the
time the Community and Neighborhood Services office obtained the
structure it was a non-conforming two-unit in a single family zoned
neighborhood. The Community and Neighborhood Services office
contracted to have the house rehabilitated back to a single family home,
under the program Operation "And Two Shall Become As One".
Ms. Major will be purchasing this as an owner-occupied resident.
FINANCIAL IMPACT: The program income derived from the sale will be
deposited in the City's HOME account.
BUDGET ACTION REQUIRED: None at this time
STAFF RECOMMENDATION: To approve the sale to Ms. Major and
direct the Mayor and Clerk to sign the resolution
COMMITIEE RECOMMENDATION: None at this time
MUSKEGON CITY COMMISSION
2006-73(f)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 458 Mulder
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its neighborhoods and its
housing stock;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership for its low and
moderate-income residents throughout its neighborhood;
NOW THEREFORE, BE IT RESOLVED that the City Corrunission hereby approved the sale of
the newly rehabilitated single family home located at 458 Mulder to Ms. Angela Major for the
estimated price of $63,500.
Adopted this 22"d day of August, 2006
Ayes: Gawron, Shepherd, Spataro, Warmington, Wi erengo ,
Carter, and Davis
Nays: None
>
By ~~
Linda Potter
Acting City Clerk
2006-73(±)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on August 22,
2006. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: ~ ~
Linda Potter
Acting Clerk
DATE: August 14,2006
TO: Honorable Mayor and City Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-060017-Address: 1282
Terrace
SUMMARY OF REQUEST: This is to request City Commission concurrence
with the findings of the Housing Board of Appeals that the structure located at 1282
Terrace- Area 11 b 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: #EN060017 -1282 Terrace.
Location and ownership: This structure is located on Terrace between Catherine
and Isabella and is owned by US Bank National Assoc, 17500 Rockside Rd, Bedford,
OH 44146.
Staff Correspondence: A dangerous building inspection was conducted on 03/31/06.
The Notice & Order was sent 04/19/06. The HBA on 06/01/06 declared the structure
dangerous and substandard and a public nuisance. An interior inspection was
scheduled by Marianne Rose from Remax realty on 07/25/06.
Owner Contact: No one was present to represent property at the HBA meeting dated
06/01/06. The Inspection Department has received several calls from interested
buyers.
Financial Impact: CDBG Funds
Budget Action Required: None
State Equalized Value: $15,600
Estimated Cost of Repairs: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
INSPECTION SUMMARY
FOR : 1282 Terrace
The home is a two story, wood frame, 2 unit apartment.
The building exterior landings and stairs are in a state of disrepair and must be repaired or
replaced. The interior floors are not level in many places, indicating a possible problem
with the floors structural supports. The interior walls, floors, and ceilings are in need of
repairs. The plumbing, mechanical and electrical systems have been neglected and in
need of numerous repairs.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, April19, 2006
Enforcement# EN060017 Property Address 1282 TERRACE ST
Parcel #24-205-252-0003-10 Owner US BANK NATIONAL ASSOC
Inspector: Henry Faltinowski
Date completed: 03/31/2006
DEFICENCIES:
Uncorrected
1. Repair/replace front entry landings and stairs, porch.
2. Rebuild back upper steps and landing to code.
3. Replace -repair back outer door.
4. Scape and paint home, fascia soffit.
5. Repair/replace damaged doors and windows.
6. Remove debris from yard.
7. Replace basement windows or use treated wood.
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
DATE: August 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-060036.
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
1114 E. Dale 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-060036 - 1114 E. Dale
Location and ownership: This structure is located on E. Dale between Roberts
and Vulcan and is owned by Deutsche Bank Trust Company, 9350 Waxie Way,
San Diego, CA 92123
Staff Correspondence: A dangerous building inspection was conducted on
05/09/06. The Notice and Order to Repair was issued on 05/11/06. On 07/06/06
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present to represent property at the HBA meeting
dated 07/06/06. The Inspection Department has gotten several complaints from
neighbors regarding the property. A rental housing interior inspection was last
conducted in January of 2004. Property was sold on land contract July 2003.
Property went into foreclosure in February 2006.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $12,200
Estimated cost to repair: $12,000 Exterior Only
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Scttings\Potter\Local Seltings'lfemporary Internet Files\OLKlA\AGENDA -1114 E Dale.doc page I of I
INSPECTION SUMMARY
FOR: 1411 E. Dale
The home is a one story, wood frame, single-family dwelling. The roof covering is
missing on many parts of the carport and dwelling unit exposing the sheeting, framing
and interior of the structure to the weather. The carport columns are not protected from
decay and are starting to rot. The carport itself has deteriorated to the point of being in
danger of collapse, and the siding is also exposed to the weather and is starting to rot.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, Ml49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Tuesday, May 9, 2006
Enforcement # EN060036 Property Address 1114 E DALE AVE
Parcel #24-128-300-0039-00 Owner EVERY TYLER/DAWN
Inspector: Henry Faltinowski
Date completed: 05/09/2006
DEFICENCIES:
Uncorrected
1. Repair foundation.
2. Repair or replace rotted missing siding.
3. Repair- replace window frames and broken glass.
4. Replace all structural damage to roof system, rafters, sheathing, roof
fascia.
5. Replace root covering.
6. Remove or rebuild carport to code.
7. Replace damaged doors to code.
8. Scrape and paint entire exterior of home.
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
CITY OF MUSKEGON INSPECTION REPORT
_dry 16, 2004 AT 11:06 a.m. FOR E. DALE lll4 PAGE l
No Cat Violation
1 B BATHROOM
Fixture wiring is improper.
2 B BATHROOM
switch is broken, loose or not working,
3 B BATHROOM
Floor covering is missing.
4 B BATHROOM
Door is broken or missing.
5 B BATHROOM
Drywall is unfinished.
6 B BATHROOM
Tub or shower walls are deteriorated or not constructed of
waterproof material.
7 B BATHROOM - WINDOW
Has trim that has holes in it or is rotted or missing.
8 A BEDROOM
switch cover is missing or broken.
9 B BEDROOM
Light fixture is inoperative.
10 A BEDROOM
Outlet cover is missing or broken.
ll B EXTERIOR
Has peeling paint and is not protected from weather by
properly applied water-resistant paint or Waterproof finish.
r.r--n- EXTERIOR
Side of the roof has rotted or missing roof boards.
:t-3--B""""" EXTERIOR
Roof has shingles that are deteriorated and need replacing.
1_!_.ll.> EXTERIOR
Storm windows are incomplete.
15 B EXTERIOR
South storm door is incomplete.
l6 A EXTERIOR - EAST
I Window sash is broken, rotted or missing.
'
I
l7 B EXTERIOR - FRONT
I
I Light fixture globe is broken or missing.
II 18 B EXTERIOR - REAR
Door is delaminating or is delaminated - it must be replaced.
l9 B EXTERIOR - WINDOWS
Window has glazing that is missing or deteriorated.
II 20
21
B
B
EXTERIOR - WINDOWS
Operable window{s) do not have a screen - must cover the
complete bottom sash.
FRONT PORCH
Glass is missing from the window.
II 22
23
B
B
KITCHEN
Ceiling tile are missing or falling down.
KITCHEN
I Window is not weathertight and in good repair.
I 24 B KITCHEN
I' There is a natural gas odor in the room.
I
CITY OF MUSKEGON INSPECTION REPORT
January 16, 2004 AT 11:06 a.m. FOR E. DALE 1114 PAGE 2
No Cat Violation
--- ---
25 B KITCHEN DOOR
Has trim that has holes in it or is rotted or missing.
26 B KITCHEN SINK
Sink cabinet or floor is rotted or rusting away.
27 B LAUNDRY ROOM
Doesn't have a smoke detector as required by code.
28 A LAUNDRY ROOM
Switch cover is missing or broken.
29 A LAUNDRY ROOM
Has a gas line that is not capped.
30 B LAUNDRY ROOM - WASHER
Doesn't have a trap.
31 A LIVING ROOM
Smoke detector is missing or inoperative near the bedrooms.
32 B LIVING ROOM
Outlet is broken, loose or not working .
.33 B LIVING ROOM
Ventless heater is not allowed.
34 A LIVING ROOM
Switch cover is missing or broken.
35 A LIVING ROOM
Window has broken or cracked glass.
36 NOTE:
Exterior defects must be corrected on vacant properties.
l':ND OJ<' T, T ~'T'
DATE: August 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-05011 0.
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
500 Amity- 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-05011 0- 500 Amity
Location and ownership: This structure is located on Amity between Williams
and Scott Streets and is owned by Rogerrrracy Verway, 14330 State Rd H3,
Nunica, Ml 49448
Staff Correspondence: A dangerous building inspection was conducted on
09/02/05. The Notice and Order to Repair was issued on 09/22/05. A interior
inspection was conducted 10/20/05. On 12/1/05 the HBA tabled case until March
2006 to allow owner time to obtain permits, schedule monthly progress
inspections. Case came back before the HBA 03/01/06 and declared the
structure substandard and dangerous. A Jetter was sent to the owners 07/21/06
stating no permits had been issued and asking the intention of owners to
complete repairs.
Owner Contact: Tracy and Roger Verway was present for the HBA meeting
dated 12/01/05 and stated they had acquired the property from parents.
Mrs. Verway called the Inspections Department on 03/03/06 stating she did not
receive the notice in time for the HBA meeting dated 03/01/06 because of a
change of address. A phone call to Don LaBrenz, the owners stated they were
trying to get financing to complete repairs in May 2006. There has not been any
contact with owners since that time. No permits have been issued.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $13,000
Estimated cost to repair: $20,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
C:\Documents and Scttings\Potter\Local Settings\femporary Internet Files\OLKIA\AGENDA -500 Amity Ave.doc page 1 of2
INSPECTION SUMMARY
FOR : 500 Amity
The home is a two story, wood frame, single family dwelling and is cmTently
unoccupied. This building has had the exterior siding removed and the building sheeting
is exposed to the weather. The interior of this building has been gutted out and some
work has been done on the exterior.
City of Muskegon
933 Terrace St., P.O. Box 536, Muskegon, Ml 49443
(231) 724-6715
Tuesday, August 15,2006
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Property Address: 500 AMITY AVE Parcel# 24-205-047-0011-00
Owner: VERWAY ROGER A/TRACY L
Inspection Type: DB Interior Inspection Inspector: Henry Faltinowski
Date completed: 10/20/2005
DEFICIENCIES:
Uncorrected -Exterior 09/02/05
1. Building pennit on work at home has expired 9/29/03. No progress/no inspections have
been scheduled.
2. Home has exposed weather barrier with no siding or permits for siding.
3. Appears work is being done on home with no permits.
Uncorrected-10/20/05 Progress Inspection
1. Bathroom 20 amp circuits to stay within bathroom.
2. Support NM Cable Properly.
3. Range & dryer outlets to be 4 wire.
4. Lights in closet to be above door.
5. Need Smoke Alarms.
6. All bedroom outlets to be ARC-Fault Pro.
7. Need electric service.
8. Rough electric is approx 60% done.
9. Recessed lights in insulation to be rated for use.
Uncorrected -10/20/05 Progress Inspection
1. Draft stop penetrations thru floors.
2. Must have gas pressure test.
3. Outside faucets to be vac breaker style.
*Note- Mech 80% rough complete
Plumbing- 80% rough complete
Uncorrected -10/20/05 Progress Inspection
1. One egress window per bedroom.
2. Fire block • where required.
3. All stairs must meet MRC 2003 Code 81/4" may rise/ 9" run tread ••
4. Handrails, gnardrails, frame stair opening to code.
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
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