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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 28, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request- Pat's Road House, 157 S. Getty. CITY CLERK
C. Resolution for Charitable Gaming License. CITY CLERK
D. FIRST READING: Zoning Ordinance Amendment - Preamble. PLANNING
& ECONOMIC DEVELOPMENT
E. FIRST READING: Zoning Ordinance Amendment - Malfeasance.
PLANNING & ECONOMIC DEVELOPMENT
F. FIRST READING: Zoning Ordinance Amendment- Multiple Family Uses
in B-3. PLANNING & ECONOMIC DEVELOPMENT
G. FIRST READING: Zoning Ordinance Amendment - Eliminate Minimum
Lot Size in B-3. PLANNING & ECONOMIC DEVELOPMENT
H. Engineering Services Agreement with Hubbell. Roth & Clark. Inc.
ENGINEERING
o PUBLIC HEARINGS:
A. Amendment to 2003 Leisure Services Master Plan. LEISURE SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. 869 and 875 Marquette Avenue - Property Exchange. PLANNING &
ECONOMIC DEVELOPMENT
B. Replacement of Copiers/Document Printing Contract. FINANCE
C. Tool and Die Recovery Zone Status for Aero Foil International. Inc.
PLANNING & ECONOMIC DEVELOPMENT
D. Request for Final Planned Unit Development Approval for a Residential
Development near Sherman Boulevard and Barclay Street. PLANNING
& ECONOMIC DEVELOPMENT
E. City - MOOT Agreement for Western Avenue Landscaping between
Third and Terrace. ENGINEERING
F. Permanentlv Waive Soecial Event Application Fee for Fun Inc.
Christmas in Hackley Park. LEISURE SERVICES
G. East Muskegon Little League Tag Sale. CITY MANAGER
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
:> Reminder: Individuals who would like to address the City Commission shall do the following:
> Fill out a request to speak form attached to the agenda or located in the back of the room.
~ Submit the form to the City Clerk.
:> Be recognized by the Chair.
)> Step forward to the microphone.
> State name and address.
> Limit of 3 minutes to address the Commission.
)> {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO AlTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT LINDA
POTIER, ACTING CJTY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724~6705 OR TOO:
(231) 724-4172.
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the November 13th
Commission Worksession, and the November 14th Regular Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 28, 2006
CITY COMMISSION CHAMBERS@ 5:30P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, November
28, 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 Clara Shepherd, Lawrence Spataro, Sue Wierengo, Chris Carter,
and Kevin Davis, City Manager Bryon Mazade, City Attorney John Schrier, and
Acting City Clerk Linda Potter.
2006-94 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes for the November 13th Commission
Worksession, and the November 14th Regular Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request- Pat's Road House, 157 S. Getty. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission is seeking local
recommendation on a request from TPWS, Inc., to add space to the existing
2006 Class C-SDM licensed business with Dance-Entertainment Permit, Outdoor
Service (1 Area), and 2 Bars.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval
contingent upon final inspection.
C. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: USS LST 393 Preservation Association Inc. is requesting a
resolution recognizing them as a non-profit organization operating in the City for
the purpose of obtaining a gaming license. They have been recognized as a
501 (c)(3) organization by the State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
D. FIRST READING: Zoning Ordinance Amendment - Preamble. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Preamble to the Zoning Ordinance
regarding the reference to the Michigan Zoning Enabling Act.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the Preamble.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16fh meeting. The vote was
unanimous with B. Smith absent.
E. FIRST READING: Zoning Ordinance Amendment - Malfeasance.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2501, Creation and
Membership, paragraph 4 of Article XY..V, Zoning Board of Appeals, regarding
the removal of a Zoning Board of Appeals member for malfeasance.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of Section 2501,
paragraph 4 of Article XY..V.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 161h meeting. The vote was
unanimous with B. Smith absent.
H. Engineering Services Agreement with Hubbell. Roth & Clark. Inc.
ENGINEERING
SUMMARY OF REQUEST: Enter into an engineering services agreement with
Hubbell, Roth & Clark, Inc. out of Grand Rapids to perform route study and
design for a non-motorized connector between the Musketawa trail and the
City's trail system along both Laketon and Shoreline Drive. The design phase of
this agreement is limited to the Laketon connection for a not to exceed fee of
$52,517,
FINANCIAL IMPACT: The fee will be paid through a grant the City had secured
from the Michigan Department of Natural Resources and the West Michigan
Trails and Greenways Coalition.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Enter into an Engineering Services Agreement with
Hubbell, Roth & Clark and Michigan Department of Natural Resources staff. The
evaluations were based on interviews (top two candidates), qualifications, fees
and hours submitted,
Motion by Commissioner Carter, second by Commissioner Shepherd to approve
the Consent Agenda as read minus items F and G.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
2006-95 ITEMS REMOVED FROM THE CONSENT AGENDA:
F. FIRST READING: Zoning Ordinance Amendment- Multiple Family Uses
in B-3. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1201, Special Land Uses
Permitted, # 7 of Article XII, B-3, Central Business District to allow multiple family
developments with a special use permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the amendment of Section 1201,
# 7 of Article XII.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November 16th meeting. The vote was
unanimous with B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to adopt the
zoning ordinance amendment for multiple family uses in B-3.
ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, and
Shepherd
Nays: None
MOTION PASSES
G. FIRST READING: Zoning Ordinance Amendment - Eliminate Minimum
Lot Size in B-3. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1200, (Principal Uses
Permitted, #9) of Article XII, B-3, Central Business District. to eliminate the
minimum lot requirements for residential uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends the amendment of Section 1200,
#9 of Article XII.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their November l61h meeting. The vote was
unanimous with B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the zoning ordinance amendment to eliminate minimum lot size in B-3 for
residential uses.
ROLL VOTE: Ayes: Warmington, Wierenga, Carter, Davis, Gawron, Shepherd,
and Spataro
Nays: None
MOTION PASSES
2006-96 PUBLIC HEARINGS:
A. Amendment to 2003 Leisure Services Master Plan. LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the Leisure Services Master Plan of 2003
amendments. The amendments were completed under the "Action Plan and
Assessment" and the "Capital Improvements Schedule" sections. This is needed
in order to apply for the Michigan Natural Resources Trust Fund by the
application deadline of Aprill. 2007.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve.
COMMITTEE RECOMMENDATION: The Leisure Services Board held the public
hearing at their regular meeting of November 20, 2006. The Leisure Services
Board recommended approval at their special meeting of November 28, 2006.
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 Carter, second by Commissioner Spataro to close the
Public Hearing at 5:47 p.m. and approve the Leisure Services Master Plan of 2003
amendment.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2006-97 NEW BUSINESS:
A. 869 and 875 Marquette Avenue - Property Exchange. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Kelly Hicks owns the home with an address of 869
Marquette. Unfortunately, her home is located on the adjacent City owned
property at 875 Marquette. The City Attorney and Staff have worked with Ms.
Hicks, her mortgage companies, and the title office to rectify the situation. The
easiest way to rectify this is to exchange legal descriptions through deeds. The
City will provide a Quit Claim deed to Kelly Hicks for the legal description of the
property where her home is located. Ms. Hicks will provide a Warranty Deed to
the City for the legal description of the property her home was supposed to be
built on. Both of the properties are the same size and the City would still
maintain a buildable lot.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
Motion by Commissioner Spataro, second by Commissioner Davis to adopt the
resolution and authorize both the Mayor and Clerk to sign the resolution and
deed to allow for the transfer of 869 Marquette with 875 Marquette.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
B. Replacement of Copiers/Document Printing Contract. FINANCE
SUMMARY OF REQUEST: Staff is recommending that the City enter into a five-
year agreement with Commercial Equipment Company (CEC) for replacement
and maintenance of all City copy machines, print devices and fax machines.
CEC was the successful bidder for the Muskegon County copier contract and
we will be piggybacking onto the County contract. Also, CEC has had the
City's contract for the last twelve years and we have had a very satisfactory
and successful relationship with the company.
FINANCIAL IMPACT: We conservatively estimate our current cost per page
(including copies, printing, foxes) to be $0.0449. Under the new contract we will
pay $0.0398 per page, a savings of 11.4%, or $62,000 over the life of the
contract. Significant other savings will come from the fact that IT staff will no
longer be responsible for analyzing/repairing problem printers or fax machines
and from the widespread deployment of more efficient technologies (such as
scan to e-mail and greater in-house printing/publishing capabilities).
BUDGET ACTION REQUIRED: None. Funds are budgeted for these costs.
STAFF RECOMMENDATION: Approval of 5-year cost-per-page contract with
CEC.
Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the
5-year cost-per-page contract with Commercial Equipment Company for
replacement of copiers, print devices and fax machines.
ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Wierengo,
and Carter
Nays: None
MOTION PASSES
C. Tool and Die Recoverv Zone Status for Aero Foil International. Inc.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Aero Foil International,
Inc., which is moving from 1839 Sixth Street to 1920 Port City Boulevard. The
Commission previously passed a resolution supporting a Tool and Die Recovery
Zone for Aerofoil for its Sixth Street address. Due to environmental
contamination, it is necessary for the company to move.
FINANCIAL IMPACT: The City will forgo approximately $415,017 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 request to transfer the Tool & Die Recover Zone for Aero Foil International,
Inc. from 1839 Sixth Street to 1920 Port City Boulevard.
ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Carter,
and Davis
Nays: None
MOTION PASSES
D. Request for Final Planned Unit Development Approval for a Residential
Development near Sherman Boulevard and Barclay Street. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The request for Final Planned Unit Development (PUD)
approval for a mixed use commercial and residential development for the
southerly portion of 1266 W. Sherman Boulevard, the northerly portion of 1228 W.
Sherman, a portion of 1254 W. Sherman and a portion of 2495 Barclay Street.
The request is by Hazel Church ley, Exit Your Way, LLC.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final approval of the PUD
provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the final PUD, with the conditions listed on the resolution, at their
November 16, 2006, meeting. The vote was approved by unanimous vote, with
B. Smith absent.
Motion by Commissioner Spataro, second by Vice Mayor Gawron to approve
the request for final Planned Unit Development for a residential development
near Sherman Boulevard and Barclay Street with the conditions listed on the
resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis,
and Gawron
Nays: None
MOTION PASSES
E. City - MOOT Agreement for Western Avenue Landscaping between
Third and Terrace. ENGINEERING
SUMMARY OF REQUEST: To approve the contract and resolution with Michigan
Department of Transportation for the Jobs Today funds for the construction of
decorative concrete, street lights and roundabout along Western Avenue
between Third and Terrace. This contract outlines the terms and conditions
under which the state made funds available to the City to offset the local
match of the federal funds used to construct the aforementioned items.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve the contract and resolution and authorize
the Mayor and Clerk to sign both.
Motion by Commissioner Shepherd, second by Commissioner Carter to approve
the contract with MOOT for Western Avenue landscaping between Third and
Terrace.
ROLL VOTE: Ayes: Spataro, Wierengo, Carter, Davis, Gawron, and Shepherd
Nays: None
Absent: Warmington (stepped out of the room)
MOTION PASSES
F. Permanently Waive Special Event Application Fee for Fun Inc.
Christmas in Hackley Park. LEISURE SERVICES
SUMMARY OF REQUEST: Family Christmas in Hackley Park has been a community
tradition in Hackley Park for over 15 years. At their November 201h meeting, the
Leisure Services Board recommended that the application fee for Fun Inc. be
waived for the 2006 event and all future Hackley Park Christmas events hosted
by Fun Inc. This event is a grandfathered event.
FINANCIAL IMPACT: $50 per year (Special Event Application Fee)
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff approves this request.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
approve the request to permanently waive the Special Event Application Fee for
Christmas in Hackley Park for Fun Inc.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, and Spataro
Nays: None
Absent: Warmington (stepped out of the room)
MOTION PASSES
G. East Muskegon little League Tag Sale. CITY MANAGER
SUMMARY OF REQUEST: East Muskegon Little League is requesting to hold a fund
raiser tag sale using City streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the request as it is contrary to the City's
Special Events Policy.
Motion by Commissioner Spataro, second by Commissioner Davis to deny the
request from East Muskegon little league to hold a tag sale on City streets.
ROLL VOTE: Ayes: Wierengo, Carter, Davis, Gawron, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to waive the
fee for a Peddler license for East Muskegon Little League.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and
Wierengo
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Mayor Warmington recognized the Muskegon Big Reds
and th e Muskegon Catholic Central Crusaders.
PUBLIC PARTICIPATION: Various comments were heard from the public.
ADJOURNMENT: The City Commission Meeting adjourned at 7:1 5p.m.
Respectfully submitted,
Linda Potter, CMC
Actin g City Clerk
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Liquor License Request
Pat's Road House, 157 S. Getty
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from TPWS, Inc., to add space to
the existing 2006 Class C-SDM licensed business with Dance-
Entertainment Permit, Outdoor SeNice (1 Area), and 2 Bars.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval contingent upon final inspection.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www .muskegonpolice.com Phone: 231-724-67 50
Muskegon, Michigan FAX: 231-722-5140
49443-0536
October 30, 2006
To: City Commission through the City Manager
From: ~ L.l ~
ony L. Kletbecker, DrrectorofPubhc Safety
Re: Liquor License Request - 157 S. Getty Street (Pat's Road
House Bar) Request to Add Space to existing 2006 Class C-SDM licensed business with
Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located at 157 S. Getty
The Muskegon Police Department has received a request from the Michigan Liquor Control Commission
for an investigation of applicant TPWS, Inc., comprised of Steven Seng, Treasurer.
TPWS, Inc. requests to Add Space to existing 2006 Class C-SDM licensed business with Dance-
Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located at 157 S. Getty.
A check of Muskegon Police Department records and criminal history showed no reason to deny this
request.
ALK/kd
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 10-30-06
Re: Liquor License Add Space
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant TPWS, Inc. of 157 S. Getty
Street, Muskegon, MI. 49442 which is comprised of applicant Steven Seng.
TPWS, Inc. is requesting to Add Space to its existing 2006 Class C-SDM licensed
business with Dance-Entertainment Permit, Outdoor Service (1 Area), and 2 Bars located
at !57 S. Getty (Pat's Road House Bar).
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
data/common/liquor/TWPS _ 06
Michigan Department of Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC) 374> C:ZoLf
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505 10-19 -o(c, Tf.tli
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
October 4, 2006
MUSKEGON POLICE DEPARTMENT
CHIEF OF POLICE
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Request ID #: 376904
Applicant:
TPWS, INC. REQUESTS TO ADD SPACE TO 2006 CLASS C-SDM LICENSED BUSINESS WITH DANCE-
ENTERTAINMENT PERMIT, OUTDOOR SERVICE (1 AREA), AND 2 BARS, LOCATED AT 157 S. GETTY,
MUSKEGON, Ml 49442, MUSKEGON COUNTY.
Please make an investigation of the application. If you do not believe that the applicants are qualified
for licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License
Request, LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If
there is not enough room on the front of the form, you may use the back.
Forward your report, along with fingerprint cards (if requested) and $30.00 for each card to the Michigan Liquor
Control Commission.
If you have any questions, contact the appropriate unit (On Premises, Off Premises or Manufacturers &
Wholesalers) at (517) 322-1400.
sfs
LC-1972{Rev. 09f05) The Department of labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: MGL 436.1201(4) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penaltv: No License
Michigan Department of Labor & Economic Growth FOR MLCC USE ONLY
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Request ID # 376904
Lansing, Michigan 48909-7505
Business ID # 160125
POLICE INVESTIGATION REPORT
[Authorized by MCL 436.1217 and R 436.11 05; MAC] ro · t q -o(o nft-\
Please conduct your investigation as soon as possible, complete all four sections of this report and return the
completed report and fingerprint cards to the MLCC
I LICENSEE/APPLICANT NAME, BUSINESS ADDRESS AND LICENSING REQUEST:
TPWS, INC. REQUESTS TO ADD SPACE TO 2006 CLASS C-SDM LICENSED BUSINESS WITH DANCE-
ENTERTAINMENT PERMIT, OUTDOOR SERVICE (1 AREA), AND 2 BARS, LOCATED AT 157 S. GETTY, MUSKEGON, Ml
49442, MUSKEGON COUNTY.
I Section 1. APPLICANT INFORMATION I
APPLICANT #1 : APPLICANT #2:
CONTACT: STEVEN SENG, TREASURER
B(231)726-5041/CELL(231 )329-1551
I DATE FINGERPRINTED: NO FINGERPRINTS REQUIRED DATE FINGERPRINTED:
I
DATE OF BIRTH : DATF- OF BIRTH:
Is the applicant a U.S. Citizen : D Yes D No* Is the applicant a U.S. Citizen: D Yes D No*
*Does the applicant have permanent Resident Alien status? *Does the applicant have permanent Resident Alien status?
DYes D No* D Yes D No*
*Does the applicant have a Visa? Enter status: *Does the applicant have a Visa? Enter status:
I **Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liquor Control Commission** I
ARREST RECORD: 0 Felony 0 Misdemeanor ARREST RECORD: 0 Felony 0 Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. INVESTIGATION OF BUSINESS AND ADDRESS TO BE LICENSED I
Does applicant intend to have dancing, entertainment, topless activity, or exte_
nded hours permit?
D No DYes, complete LC-1636 ,4-L.;-el Clx t ,.-
Are gas pumps on the premises or directly adjacent? 121-No Yes, explain relationship:
I Section 3. LOCAL AND STATE CODES AND ORDINANCES, AND GENERAL RECOMMENDATIONS
Will the applicant's proposed location meet all appropriate state and local building , plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? 12fv-es D No
If you are recommending approval subject to certain conditions, list the conditions: (attach a signed and dated report if more space is needed)
I Section 4. RECOMMENDATION
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~Yes D No
2. Is the proposed location satisfactory for this business? Yes D No dO'
3. Should the Commission grant this request? ~es D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
L . l~ /<!> - l C - 0(..
re (Sheriff or Chief of Police) Date
MUSKEGON POLI CE DEPARTMENT
LC-1800 (Rev. 07/06) The Department of Labor & E conomic Growth will not dlsctiminate against any individual or group because of race, sex, religion, age,
Authority: M CL 436.1217 and R 436.11 OS; MAC national origin, color, marital status, disability, or political beliefs_ If you need help with reading, writing, hearing, etc.• under the Am ericans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penal! : No License
Req. ID #376904
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a Regular meetingofthe City Commission
(Regular or Special) (Township Board, Ciry or Village Council)
called to order by Mayor Warmington on November 28, 2006 at 5:30 P.M.
-----
The following resolution was offered:
Moved by Commissioner Carter and supported by Commissioner Shepherd
That the request from TPWS, Inc. to add space to 2006 Class C-SDM Licensed
Business with Dance-Entertainment Permit, Outdoor Service (1 Area),
and 2 Bars, located at 157 s. Getty, Muskegon, MI 49442, Muskegon
County
be considered for Approval - Pending Final Inspection
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
----------------------~(R~ec~om-
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State of Michigan _ _ _ __ )
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission at a Regular
(Township Board, Cil)' or Village Council) --------=-~
( R~eg~ular
_o_r~
S~~ial)~-----------
meeting held on 11 - 2 8 - 0 6
(Date)
SEAL (Signed) ~ ~ (Township, Cil)' of Village Clerk)
Linda Potter, Acting Clerk
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, City of V illage)
LIQUOR LICENSE REVIE\V FORl\1
Business Name: -~~~~-~~~~~~~·} ~~~~~~~~·~~~~~~~~~
!__/~ /} /Jd
AKA Business Narne (if applicable): _ _-~.L_--::;.t~~..::::./J-:;;._._._/l(Jrl~-ff~~./'4W-~4-R~--
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address: /SZ
Reason for Review:
New License 0 Transfer of Ownership 0 Dance Permit D
Drop/Add Name on License 0 Transfer Location ·o
Drop/Add Stockholder Name D New Entertainment Permit 0
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed 0
Income Tax Approved~ Owing D Amount:
.
Treasurer Approved D Owing 0 Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied 0 Remaining Defects 0
Department Signature_ _ _ _ _...;.___ _ _ _ _ _ _ _ _ _ _ _ __
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1
Business~a~e: -~~~~~
~~~~~~~
}
· ~~~
~
~~~~~·~~~~~~~~~
!~; /} lld
AKA Business ~a me (if applicable): _ _-~..L-:::.t~~--~;;;.._-"'-/(oa,j,.J..,4.1._$~/ZW;;IoW~4-R~--
Operator/Manager's ~arne:------------------
Business Address: !SZ
Reason for Review:
~ew License D Transfer of Ownership D Dance Permit D
Drop/Add ~arne on License D Transfer Location tJ
Drop/Add Stockholder ~arne D ~ew Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D ~o Action ~eeded D
Income Tax Approved D Owing D Amount:
Treasurer Approved Ef Owing D Amount:
Zoning Approved 0 Denied D Pending ZBA 0
Clerk's Approved 0 Owing D Amount:
Fire/Inspections Approved 0 Denied D Remaining Defects D
Department Signature_~
_/_,._~ lo+FY-=3;./f-;/.,jw-~-----------
_____
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl'f
Business Name: U 11/S , _;;;;/zc,
----~~~-=~}~~~~~---------------------
~__;; /} !ld
AKA Business Name (if applicable): _ _....~.L____;;;,t~~...:::~:;;;..._-"'-tro?J~.,..$~'/?...,~~4-R~---
Operator/Manager's Name: ----------------------------
Business Address: / SZ
Reason for Review:
New License D Transfer of Ownership D Dance Permit 0
Drop/Add Name on License D Transfer Location 0
Drop/Add Stockholder Name D New Entertainment Permit 0
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved J2f- Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved D Denied D Remaining Defects D
Department Signature til/=~ ~~
Please return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FOR1'1
Operator/Manager's N a m e : - - - - - - - - - - - - - - - - - -
Business Address: /SZ
Reason for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D Transfer Location ·o
Drop/Add Stockholder Name 0 New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved 0 Owing D Amount:
Zoning Approved 0 Denied D Pending ZBA 0
Clerk's Approved~ Owing D Amount:
Fire/Inspections Approved 0 Denied D Remaining Defects 0
Department Signature ~..Qe-ftt A-A~~
Please return to the City Clerk's Office >
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl'f
Business Name: U W. .S . _J;/zc ,
----~~~~~~~~~~~---------------------
~__/ ~ /} /Jd
AKA Business Name (if applicable): _ _ ..,LL___,;;:;tC:UV.~o::._~/-'-:;;;;.__.L_
I.t...t...:.Ltlm
.:~..../~
10:/?~(4?(.~4f~--
Operator/Manager's Name.: - - - -- - -- - - -- - ------- - - - --
Business Address: /SZ
Reason for Review:
New License 0 Transfer of Ownership D Dance Permit D
Drop/Add Name on License 0 Transfer Location tJ
Drop/Add Stockholder Name D New Entertainment Permit D
Deadline for receipt of all information: - - - - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount:
Fire/Inspections Approved ~Denied D Remaining Defects D
Department Signature_~.,...,._ _...__.::=;_;;__,:~-r-----------
Piease return to the City Clerk's
Gail A. Kundinger,
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl\1:
Operator/Manager's N a m e : - - - - - - - - - - - - - - -- --
Business Address: / SZ
Reason for Review:
New License D Transfer of Ownership 0 Dance Permit D
Drop/Add Name on License 0 Transfer Location D
Drop/Add Stockholder Name D New Entertainment Permit 0
Deadline for receipt of all information: - - - - - - - - - - - - - -
Public Safety Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: _ _ __
Treasurer Approved D Owing D Amount: _ _ __
Zoning Approved 0 Denied 0 Pending ZBA 0
Clerk's Approved~ Owing D Amount: _ _ __
Fire/Inspections Approved Denied D Remaining Defects D
{Jh1D, ;.;J /'rw" c c.;r:-fjh%!P J
Department Signature._~;,...;..:~-'---1--J"'----+-...\-----------
Piease return to the City Clerk's Office
Gail A. Kundinger,
Liquor License Coordinator
Affirmative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(23 1)724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
City Manager
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716 November 21, 2006
FAX (231 )724-4405
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh.
Ms. Billie Holmes, President
Services Jackson Hill Neighborhood Association
(231)724-6717
FAX (231 )726-2501 473 Mulder
Muskegon,MI 49442
Engineering
(231)724-6707
FAX (231)727-6904 Dear Ms. Holmes:
Finance
(231)724-6713
FAX (231)724-6768
We have received a letter from the Liquor Control Commission reference a
request from TPWS, Inc. (Pat's Road House), 157 S. Getty to add space to their
Fire Department
(231)724-6792 existing 2006 Class C-SDM licensed business. On Tuesday, November 28, 2006,
FAX (231 )724-6985 the City Commission will review this request and determine whether or not it
Income Tax should be recommended for approval.
(231)724-6770
FAX (231)724-6768
You are being sent this notice because the City Commission would like to know
Info. Technology how the Neighborhood Association feels and would appreciate any comments that
(23 1)724-4126
FAX (231)722-4301 they may have. You may send these comments to 933 Terrace, Muskegon, MI
Inspection Services 49440 or attend the City Commission Meeting on November 28, 2006, at 5:30
(231)724-6715 p.m. in the Commission Chambers.
FAX (231)728-4371
Leisure Services If you have any questions, please feel free to contact me at 724-6705.
(231)724-6704
FAX (231 )724-1196
Mayor's Office Sincerely,
(231)724-670 1
FAX (231)722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790 Linda Potter
Police Department
Acting Clerk
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-41 00
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml49443-0536
http://www.shorelinecity.com
Af"finnative Action
(231 )724-6703
FAX (231 )722-1214
Assessor
(231 )724-6 708
FAX (231 )726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
(231 )724-6 724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
Clerk
(231)724-6705
November 21,2006
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Mr. Steven Seng, Treasurer
Engineering
TPWS, Inc.
(231)724-6707 157 S. Getty
FAX (231)727-6904
Muskegon, MI 49442
Finance
(231)724-6713
FAX (231)724-6768 Dear Mr. Seng:
Fire Department
(231 )724-6792 This letter is to inform you that your request to add space to the 2006 Class C-
FAX (231 )724-6985
SDM licensed business with dance-entertainment permit, outdoor service, and
Income Tax two bars, located at 157 S. Getty, will be presented to the City Commission on
(231 )724-6770
FAX (231)724-6768 November 28, 2006. This meeting begins at 5:30p.m. and is located in the City
Commission Chambers, 933 Terrace, Muskegon, MI.
Info. Technology
(231)724-4126
FAX (231)722-4301 This request has also been sent to the Jackson Hill Neighborhood Association for
Inspection Services their comments. It is Commission practice to let the Neighborhood Association
(231 )724-6 715
FAX (231)728-4371
know of any liquor license requests that are located within their boundaries. This
allows for comments from the people who live there and not just from the owners
Leisure Services
(231 )724-6704 of the business' who are located there.
FAX (231)724-1196
Mayor's Office Sincerely,
(231 )724-6701
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (231)724-6790 Linda Potter
Police Department Acting Clerk
(231)724-6750
FAX (231)722-5140
Public Works
(23 1)724-41 00
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231 )724-6 718
FAX (231 )724-6768
Water Filtration
(23 1)724-41 06
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml49443-0536
http :1/www .shorelinecity.com
•• I I I
·...- ....
-·--
~~;
h .... -
'
Affinnative Action
(231 )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
(231)724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231)724-4405
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Liquor Control Commission
Engineering 7150 Harris
(231 )724-6707 POBox 30005
FAX (231)727-6904
Lansing, MI 48909-7505
Finance
(231)724-6713
FAX (231)724-6768 REF: Req ID #376904
Fire Department TPWS, Inc.
(231)724-6792 !57 S. Getty
FAX (231)724-6985
Muskegon, MI 49442
Income Tax
(23 I )724-6770
FAX (231 )724-6768 To.Whom It May Concern:
Info. Technology
(231)724-4126 Enclosed is the Police Investigation Report Form LC-1800 which has been
FAX(231)722-4301
approved by Tony Kleibecker, Public Safety Director. This was also
Inspection Services recommended for approval contingent upon final inspection by the City
(231)724-6715
FAX (231)728-4371 Commission at their November 28, 2006, City Commission Meeting.
Leisure Services
(231)724-6704 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX (231)724-1196
Mayor's Office Sincerely,
(231 )724-670 I
FAX (231)722-1214
Planning/Zoning
(231 )724-6702
FAX (231)724-6790
Linda Potter
Police Department Acting Clerk
(231 )724-6750
FAX (231)722-5140
Public Works
enc.
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231 )724-6768
Water Filtration
(23 I )724-41 06
FAX (231 )755-5290 City of Musl<egon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml49443-0536
httn :1/www .shorelinecitv .com
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: USS LST 393 Preservation Association
Inc. is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501(c)(3) organization by the
State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Ill
/ S
-
~ Charitable Gaming Division
Box 30023, Lansing, Ml 48909
OVERNIGHT DELIVERY:
101 E. Hillsdale, Lansing Ml 48933
- - (517)335-5780
lOJTERYwww.michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.1 03(9))
2006-94(c)
Regular
Ata - - - meetl·ng of the City Commission
-=-- --
REGULAR OR SPECIAL - - -T O-W-NSHIP, CITY, OR VILLAGE COUNCIUBOARD
called to order by Mayor Warmington on November 28, 2006
DATE
at 5 : 30_ __ ~-»1./p.m . the following resolution was offered:
TIME
Moved by Commissioner Carter and supported by Commissioner Shepherd
USS L$T ~93 Preservation
that the request from Assoc1at1on Inc. of _Mus~~_r.!._ ______ ,
NAME OF ORGANIZATION CITY
county of __ __tiusk~n , asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for -~ rov..:....=a-=1__
APPROVAUOISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: __7_ _ __ Yeas:
Nays: __o___ Nays:
Absent: _ 0_ _ __ Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City Commission at a Regular
TOWNSHIP, CITY, OR V ILLAGE-C_,-0-UN
- C-IU-BO
_ AR
_D REGULAR OR SPECIAL
meeting held on November 28, 2006
DATE
SIGNED:
TOWNSHIP, CITY, OR VI LLAGE CLERK
Linda Potter, Acting Clerk
PRINTED NAME AND TITLE
933 Terrace, Muskegon, MI 49440
ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of applicaUon.
BSL-CG-1153(R7/02)
Affinnative Action
(231 )7 24-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
(231)724-6724
FAX (231)722-1214
Ci vii Service
(231)724-6716
FAX (231 )724-4405
November 30, 2006
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services Britton & Bossenbroek, P.C.
(231)724-6717
FAX (231)726-2501 Post Office Box 957
11uskegon,11I 49443-0957
Engineering
(231)724-6707
FAX (231)727-6904
Dear Sir:
Finance
(231)724-6713
FAX (231)724-6768
Enclosed are two resolutions for Charitable Gaming Licenses. This was approved
by the City of 11uskegon Commission at their November 28 1h meeting.
Fire Department
(231 )724-6792
FAX (231 )724-6985 If you have any questions, please call me at (231)724-6915.
Income Tax
(231)724-6770
FAX (231 )724-6768
Thank you,
Info. Technology
(231 )724-4126
FAX (231)722-4301
Inspection Services Linda Potter
(231)724-6715 Acting Clerk
FAX (231)728-4371
Leisure Services
(231)724-6704
en c.
FAX (23 I )724-1196
Mayor's Office
(23 1)724-670 I
FAX (231)722-1214
Planning/Zoning
(231)724-6702
FAX (23 I )724-6790
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231)724-4100
FAX (231)722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231 )724-4106
FAX (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www .shorelinecity.com
Bfl05(2BB5 !5:55 8471519 MKB&S PAGE Bl
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
P. 0. BOX 2508
CINCINNATI, OH 45201
Employer Identification Number:
Date' MAY 20 2006 20-4531853
DLN:
USS LST 393 PRESERVATION 17053110027036
ASSOCIATION INC Contact Person:
GARY MUTHERT ID* 31518
Coneact Telephone Number:
(877) 829-5500
Accounting Period Ending:
December Jl
Public Charity Status:
110 (b) (1) (A) (vi)
Form 990 Required:
Yes
Effective Date of Exemption:
May 18, 2005
Contribution Deductibility:
Yes
Advance Ruling Ending Date:
December 31, 2009
Dear Applicantr
We are pleased to inform you that upon revi~w of your application for tax
exempt e~atue we have determined that you are @xempt from Federal income tax
under section SOl(c) (3) of the Internal Revenue Code. Contributions to you are
deductible under section 170 of the Code. You are aleo qualified to receive
tax deductible bequests, devisee, tranefere or gifts under section 2055, 2106
or 2522 of the Code. Because this letter could help resolve any questions
regarding your exempt statue, you should keep it in your permanent recor~e.
Organizations exempt und~r e~ction SOl(c) (J) of the Code are further classified
ae either public charities or private foundations. During your advance ruling
period, you will be treated as a p~blic charity. Your ~dvance ruling period
begins with the effeetive date of your exempeion and ends with advance ruling
ending dat~ shown in the heading of the letter.
Shortly before the end of your advance ruling period, we will send you Form
8734, Support Schedule for Advance Ruling Period. You will have 90 days after
the end of your advance ruling period to return the completed form. We will
then notify you, in writing, about your public charity status.
Please see enclosed Information for Exempt organizations Under Section
SOl (c) (J) for some helpful information about your responaibilities as an exempt
organization.
Letter 1045 (DO/CG)
05/05/2005 15:55 MKB&S PAGE 02
-2-
USS LST 393 PRESERVATION
We have o~nt a copy of this letter to your represencative as indicated in your
pow~r of attorney.
Sine~ o, ~'·I
) •
Lois G. Lerner
Director, Exempt Organizations
Rulings and Agreements
llnc::loaures: Information for Organizations Exempt Under Sl!lction 501 (c::) (3)
Statute Extension
Lettl!lr 1045 (00/CG)
05/05/2085 15:55 8471(;19 MKB&S PAGE 03
-)-
USS LST 393 PRESERVATION
INFORMATION FOR ORGANIZATIONS EXEMPT UNDER SECTION SOl(c) (3)
WHERE TO GET FORMS AND HELP
Forme and instructions may be obtained by calling toll free l-800-829-3676,
through the Internet Web Site at www.irs.gov, and also at local tax asaiatance
c:entere:.
Additional information about any topic discussed below may be obtained through
our customer service function by calling toll free l-877-629-5500.
NOTIFY US ON THESE MATTERS
If you chang~ your nam@, address, purposes, operations or eourcea of financial
support, pleaae inform our TB/OE EO Determinations Office at the following
address: Internal Revenue Service, P.O. Box 2508, Cincinnati, ohio 45201.
If you amend your organizational document or by-lawe, or dissolve, provide
the EO Determinations Office with a copy of the amended documento. Please
use your employer identification number on all returns you file and in all
correapondenee with the Internal Revenue Service.
FILING REQUIREMENTS
In your exemption letter we indicated whether you must file Form 990, Return of
Organization Exempt From Income Tax. Form 990 (or Form ~90-EZ) is filed with
the Ogden Submiseion Processing Center, Ogden UT B4201-0027.
You are required to file a Form 990 only if your gross receipts are normally
more than $25,000.
If your gross receipts are normally between $25,000 and $100,000, and your
total aaeete are lees than $250,000, you may file Form 990-EZ. It your gross
receipts are over $100,000, or your total aeaeta are over $250,000, you rnuet
file the complete Form 990- The Form 990 instructions show how to compute your
"normal 11 receipts.
Form 990 Schedule A io required for both Form 990 and Form 990-EZ.
If a return is required, it muet be filed by the l5th day of the fifth month
after the end of your annual accounting period. There are penalties for
failing to timely file a complete return. For additional information on
penalties, eee Form ~90 instructions or call our toll free number.
If your receipts are below $25.000, and we eend you a Form 990 Package, follow
the instructions in the package on how to complete the limited return to advise
ua that you are not required to file.
lf your exemption letter etatee that you are not required to file Form 990, you
are exempt from these requirements.
Letter 1045 (00/CG)
05/05/2005 15:55 8471519 MI<B&S PAGE 04
USS LST 393 PRESERVATION
UNRE~TED BUSINESS INCOME TAX RETURN
If you receive more than $1,000 annually in gross receipts from a regular trade
or bueinesa you may be subject to Unrelated Busineea Income Tax and required
to file Form 990-T, Exempt Organization Business Income Tax Return. There are
several exceptions to thiB tax.
1. Income you receive from the performance of your exempt activity is not
unrelated business income.
2. Income from fundraieera conducted by volunteer workers, or where
donated merchandise ie sold. ie not unrelated business income.
3. Income from routine inveetmenta Buch as certificates of depoeit,
aavinga accounte, or stock dividends ie usually not unrelated business
income.
There are special r~les for income derived from real eetate or other
inveatmente purchased with borrowed funds. This income is called 11 debt
financed .. income. For additional informat:ion regarding unrelated businesa
income tax see Publication 598, Tax on unrelated Bueineee Income of Exempt
Organizationa, or call our toll free number shown above.
PUBLIC INSPECTION OF APPLICATION AND INFORMATION RETURN
You are required to make your annual information return, Form 990 or Form
990-EZ, available for public inspection for three years after the later of the
due date of the return, or the date the return ie filed. You are also required
to make available for public inspection your exemption application, any
supporting docum~nta, and your exemption letter. Copiee of these documents are
alao required to be provided to any individual upon written or in person
request without charge other tban reasonable fees for copying and postage.
You may fulfill this requirement by placing theee documents on the tnternet.
Penalties may be imposed for failure to comply with these requirements.
Additional information is available in Publication 557, Tax-Exempt Statue tor
Your Organization, or you may call our toll free number ahown above.
FUNDRJ\ISING
Contributions to you are deductible only to the extent that they are gifts and
no consideration is received in return. Depending on the circumstances~ ticket
purchases and eimilar payments in conjunction with tundraiaing events may not
qualify aa fully deauetible contributions.
CONTR BUTIONS OF $250 OR MORE
Donors must have written eubs antiation !rom the charity for any charitable
contribution of $250 or more. Althou9h it is the donor•s responsibility to
obtain written substantiation from ehe charity, you can assist donors by
providing a written statement listing any caeh contribution or describing any
Letter 1045 IDO/CG)
05/05/2005 15:55 8471519 MKB&S PAGE 05
·5-
USS LST 393 PRESERV~TION
donated property.
This writt~n otatement must be provided at the time
of the contr~bution. There
is no pre~cribed format for the written etatement.
Letters, postcards and
electronic (e-mail) or computer-generated forma are acceptable.
The donor ie responsible for the valuation of donated property. However, your
written etatement muet provide a sufficient description to support the donor's
contribution. For additional information regarding donor substantiation~ see
Publication 1771, Charitable Contributiona - Substantiation and Diseloaure
Requirements. For information about the valuation of donated property, see
Publication 561, Determining the Value of Donated Property.
CONTRIBUTIONS OF MORE THAN $75 AND
CHARITY PROVIDES GoODS OR SERVICES
You muet provide a written disclosure statement to donora who receive goods or
services from you in exchange for contributions in excess of $75.
Contribution deductions are allowable to donors only to the extent their
cont~ibutions exceed the value of the goods or aervicee received in exchange.
Ticket purchases and eimilar payments in conjunction with fundraieing eventa
may not necessarily qualify as fully deductible contributions, depending on the
circumetancea. If your organization conducts fundraising events such aa
benefit dinners, ehows 4 membership drives, etc., where something of value is
received, you are·required to provide a wri~ten statement informing donors of
the fair market value of the specific items or services you provided in
exchange for contributions of more than $75.
You should provide the written disclosure statement in advance of any event,
determine the fair market value of any benefit received, determine the amount
of the contribution that is deductible 1 and atate this information in your
fundraieing materiale such as solicitations, tickets, and receipts. The amount
of the eontribution that is deductible is limited to the ex~eae of any money
(and the value of any property other than money) contributed by the donor lees
the value of goods or services provided by the charity. Your disclosure
statement should be made, no later than, at the time payment. is received.
Subject to certain exceptions, your disclosure xeeponsibility applies to any
fundraieing circumstances where each complete payment. including the
contribution portion, exceeds $75. For additional information, see publication
1771 and Publication 526, Charitable Contributions.
EXCESS BENEFIT TRANSACTIONS
Excess benefit transactions are gove~ned by section 4958 of the Code. Sxeess
benefit transactions involve situations where a eection SOl (c) (3) organization
provides an unr~asonable benefit to a person who ie in a position to exercise
substantial influence over the organization•e affaire. If you believe there
may be an excess benefit transaction involving your organization, you ehould
report the transaction on Form 990 or 990-EZ. Additional information can be
found in the instructions for Form 990 and Form 990-EZ, or you may call our
Letter 1045 (DO/CG)
B5/B5/2BB5 15:55 8~71519 MKB&S PAGE 05
-6-
USS LST 393 PRESERVATION
toll free number to obtain additional information on how to correct and report
this transaction.
EMPLO'iMENT TAXE;S
If you have @mployees, you are subject to income tax withholding and the social
security taxea imposed under the Federal Insurance Contribution Act (FICA) .
You ~re required to withhold Federal income tax from your employee's wages and
you are required to pay FICA on each employee who is paid more than $100 in
wages during a calendar year. To know how mueh income tax to withhold, you
should have a Form W-4, Employee's Withholding Allowance Certificate, on file
for each employee. Or9anizations described in section 501{c) (3) of the Code
are not required to pay Federal Unemployment Tax {FUTAl.
Employment taxes are reported on Form 941. Employer's Quarterly Federal Tax
Return. The requirements for withholding, depositing, reporting and paying
employment taxes are explained in circular E, Employer 1 s Tax Guide,
(l?ublication 15), and Employer's Supplemental Tax Guide, (Publication 15-A).
Thes~ publica~iona explain your tax responsibilities as an employer.
CHIJRCHES
Churches may employ both ministers and church workers. Employees of churches
or church-conerolled organizations are subject to income tax withholdin9, but
may be exempt from FICA taxes. Churches are not required to pay FUTA tax. In
addition, although minietero are generally common law employees, they are not
treated as employees for employm~nt tax purposes. Theee special @mployment tax
rules for members of the clergy and religioue workers are explained in
Publication 511, Social Security and Other Information for Members of the
Cler9Y and Religious Workers. Churches should aleo consult Publications 15 and
lS-A. Publication 1829, Tax Guide for Churches and Religious Organizatione,
aleo diecuaeeB the various benefits and responsibilities o! these organizations
under Federal tax law.
PUBLIC CHARITY STATUS
Bvery organization that qualifies for tax-exemption ae an organization
described in section 50l(c) (3) io a private found~tion unleaa it falls into one
of the categories specifically excluded from the definition of that term
[referred to in section 509(a) (l), (2), (3), or (4)). · In effect, the
definition divides these organizations into two classes, namely private
foundation& and public charities.
Public charities are generally thoee that either have broad public support or
actively function in a supporting relationship to those organizations.
Public charities enjoy several advantages over private foundations. There are
certain excise taxes that apply to private foundations but not to public
charities. A private foundation must aleo annually file Form 990-PF, Return of
Privaee Foundation, even if it had no revenue or expenses.
Letter 1045 (DO/CG)
B5/B5/2BB5 15:55 8471519 MKB&S PAGE 07
-7-
USS LST 393 PRESERVATION
The Code section under which you are claeeified as a public charity ia shown in
the heading of your exemption letter. Thia determination is baaed on the
information you provided and the request you made on your Form 1023
application. Please refer to Publication 557 for adctitional information about
public charity status.
GRANTS TO INDIVIDUALS
The following information is provided for organizations that make grants to
individuals. If you begin an individual grant program that was not described
in your exemption application, please inform us acout the program.
~nde you distribute to an individual as a grant must be made on a true
charit~ble basis in furtherance of the purposes for which you are organized.
Therefore, you should keep adequat@ records and case histories that demonstrate
that grants to individuals serve your charitable purposes. For example, you
should be in a position to substantiate the basie for grants awarded to
individuals to relieve poverty or under a scholarship or education loan
program. Caee histories regarding grants to individuale should show names,
addreeees, purposes of grants, manner of selection, and relationship !if any)
to members, offieere, trustees, or donore ot funds to you.
For more information on the exclusion of echolarshipa from income by an
individual recipient, eee Publication 520, Scholarships and Fellowehips.
Letter 1045 (DO/CO)
B5/B6/2BB5 15:55 84 71619 MKB&S PAGE BB
\
Form 1023 (Arw 10--2oo•) N•l"•: USS LST 383 Pre&arvatlon Assoclatton 1 In~. EIN' 20 - 4631863 p..,, 11
lilifil:t Public Charity Status (Conrinuad)
e 509(a)(4)-an organization organized and operated exclusively for tasting for public safety. 0
509(a)(1) and 170(b)(1)(A}Qv)-an organization operated lor the benefit of a college or univereity thnt io owned or 0
operated by a govemmentQI unit.
g 509(a)(1)and 170(b)(t)(A)(vi)-on organization that receives o substantial pan of rts flnoncial suppon rn the form hZl
of contributions from publicly supponed organizations, from a governmental unit, or from the general public.
h 509(a)(2)-e.n organization that normally recuiws not more than ona-third of its financial support from gross 0
investment income n.nd raceives more than one-third of its fino.neial support from contributions, membership
fees, and gro&e receipts from activities refated to its exempt functions (subject to certain exception&),
A publicly supportad organization, but unsurQ if it is described in 5g or 5h. The orgonization would like the IRS to D
decide the correct status,
& If you ch&eked box g, h, or i In queetion 5 obove1 you tnust request either an advane• or a d..-inittve ruling by
selecting one of the boxe~ below. Ruler to the instructions to determine Which type of ruling you are eligible to receive.
a Roquaat for Advance Ruling: 8y checking this box and signing the consent, pursuo.nt tc section 6501(c)(4) of Ill
tho Code you reque!t an i)ldvance ruling and agr$e to eJC.tend the statute of limitations on the assessment of
e•cise ta• under eeetioh 4940 of the C«<e. The tox will apply only if you do not •Siablieh public suppon status
.at the end of the 5-yeor advance ruling period. The assessment period will be ex.tended for the 5 advance ruling
years to 8 years, 4 mQOthe, and 15 days beyond the end of the first year. You have thQ right to refuee or limit
the extension to o. mutually agreed·upon period ot \im$ or iseue(e}, Publication ·1 035, ~xtending the Tax
Assessmsnt Period, provides e. more detailed expltlnation of your rights and the consequences of the choices
you make. You may obtain Publication 1035 free of charge from the IRS web site at www.irs.gov or by calling
toll-free 1·800-829-3876. Signing thle eo~sent will hOt deprive you of any appeal rights to which you would
otherwise be entitled. If you decide not to axtend tha s(~tute of limitations, you are not eligible for an advance
ruling,
Dan Weikel '1-17-(J,
.......................
·cry,;~-~; ·p,i.~l ~Ni~·oi &iO~e;l (04\lt!)
Prealdent
MAY 11 2006
b Request for D4flnlijve Ruling: Check this bO)( If you nave completed one taK yeBr of at least a 1\Jn month~ aria-- ·o.
you al'e requesting n dsfinitivu ruling. To confitm your public support status, answet Hne 6b(i) if you checked box
9 in lina 5 above. Answer Una 6b(ii) if you checki.id box h In line 5 obove. If you checked box I in line 5 above,
anower both linos BbQ) and pi).
VI (a) Enter 2% of lino B, column (e) on Part IX-A. Statement of Revenues and Expense•. · - - - - - -
(b) Anach ., list showing the name and amount contributed by each person, company, or organization whose 0
gifts totaled more than the 2% amount If the t~nswot is "None," cheek this box.
~i) (a) For each year amounts 01'1t included on lines 1, 2. and 9 of Part IX-A. Statamant of Revenues and
E)(penses, attach a list showing the name of and amount received trom each dlsqualifted person.lf the
answer is "None," chock 'hie boM. 0
(b) For each year •rnounte ore Included on line Q of Part IX-A. Statement of Aevenuas and £xp$f'I$GG, attach
a liet ehowlng the name or and amount rocei\led from each payer, othor than a. di1qualifled person, whose
payments were more than the larger of (1) 1% of line 10, Part. IX-A. Stlltement of Awenues and
Expensoo, or (2) $5,000. If the answor is "None," checK thi• box. 0
7 Did you receive any unusuol grants during any of the years 9hown on Part IX-A Stoternent of
Revenue& and f:Kpenses? If "Yes," a.ttaeh o.llet including the name of the contributor. the date and
[] Y•• Ill No
amount of the grant, a brie1 description of the grant, and explain why ·It Is unusual.
Form 1023 !Rev. 10·2!»4.}
Commission Meeting Date: November 28, 2006
Date: November 17,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CfbL
RE: Zoning Ordinance Amendment- Preamble
SUMMARY OF REQUEST:
Request to amend Preamble to the Zoning Ordinance regarding the reference to the Michigan
Zoning Enabling Act.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment ofthe Zoning Ordinance to amend the Preamble.
COMMITTEE RECOMMENDATION:
The Planning Commission reconnnended approval of the request at their 11/16 meeting. The
vote was unanimous with B. Smith absent.
11/17/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 16,2006
Hearing; Case 2006-51: Staff initiated request to amend the Preamble to the Zoning Ordinance
regarding the reference to the Michigan Zoning Enabling Act.
BACKGROUND
Earlier this year the Michigan Zoning Enabling Act of 2006 was passed. In order to bring our zoning
ordinance into compliance with this Act, some amendments must be made. Three amendments were
recommended to City Commission for approval by Planning Commission in October. Other changes
will be coming forward at future meetings.
This particular amendment is merely a correction to the Preamble of the Zoning Ordinance so it now
references the new Michigan Zoning enabling Act.
NEW LANGUAGE
Deletions are eresseEl eut and additions are in bold.
PREAMBLE
An ordinance enacted under the provisions and authority of the Public Acts of the State of Michigan
to establish districts and zones within which the use of land and structures, the height, area, size, and
location of buildings are regulated, and within which districts, zone regulations are established for the
light and ventilation of such buildings, and within which districts, density of population is regulated;
to provide for the acquisition by purchase, condenmation, or otherwise, of private property which does
not conform to the regulations and restrictions of the various zones or districts provided; to provide for
the administering of this Ordinance; to provide for amendments, supplements, or changes hereto; all in
accordance with an adopted Land Use Plan and Housing Plan as provided in Public Act~ 110,
PHillie Aets ef ~ of 2006, the M·unieipal Plamling Aet, as amended, being the Michigan Zoning
Enabling Act, M.C.L. 125.3101, et seq. hereinafter referred to as the "Zoning Act".
DELffiERATION
I move that the amendment to the Preamble of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2209
An ordinance to amend the Preamble to the Muskegon Zoning Ordinance regarding the
reference to the Michigan Zoning Enabling Act.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The Preamble to the Muskegon Zoning Ordinance shall be amended, as follows:
PREAMBLE
An ordinance enacted under the provisions and authority of the Public Acts of the State of
Michigan to establish districts and zones within which the use of land and structures, the
height, area, size, and location of buildings are regulated, and within which districts, zone
regulations are established for the light and ventilation of such buildings, and within which
districts, density of population is regulated; to provide for the acquisition by purchase,
condemnation, or otherwise, of private property which does not conform to the regulations
and restrictions of the various zones or districts provided; to provide for the administering of
this Ordinance; to provide for amendments, supplements, or changes hereto; all in accordance
with an adopted Land Use Plan and Housing Plan as provided in Public Act 110, of 2006, as
amended, being the Michigan Zoning Enabling Act, M.C.L. 125.3101, et seq. hereinafter
referred to as the "Zoning Act".
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington , Wierenga, Carter, Davis, Gawron
Nayes: None
Adoption Date: November 28, 2006
Effective Date: December 12, 2006
First Reading: November 28 , 2006
Second Reading:_...:.;N:£../:..:A_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~ xQ - ~
Linda S. Potter, CMC, Acting City Clerk
Commission Meeting Date: November 28, 2006 - Zoning Ordinance Amendment- Preamble
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 ofthe City of Muskegon, at a regular meeting of the City Commission on the
28th day ofNovember, 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: dtembe/ clJ , 2006.
Linda S. Potter, CMC
Acting 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 November 28, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend the Preamble to the City of Muskegon Zoning Ordinance.
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 /)ecern/;ec d , 2006 CITY OF MUSKEGON
By __~~~~--~~--------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: November 28, 2006
Date: November17,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJ?C....
RE: Zoning Ordinance Amendment- Malfeasance
SUMMARY OF REQUEST:
Request to amend Section 2501, Creation and Membership, paragraph 4 of Article XXV, Zoning
Board of Appeals, regarding the removal of a ZBA member for malfeasance.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of Section 2501, paragraph 4 of Article XXV.
COMMITTEE RECOMMENDATION:
The Plarming Connnission recommended approval of the request at their ll/16 meeting. The
vote was unanimous with B. Smith absent.
11/17/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 16,2006
Hearing; Case 2006-52: Staff initiated request to amend the Section 2501, (Creation and
Membership, paragraph 4) of Article XXV, Zoning Board of Appeals, regarding the
removal of a ZBA member for malfeasance.
BACKGROUND
Once again, this is an amendment to our zoning ordinance in order to bring it into compliance
with the new Michigan Zoning Enabling Act of2006. fu this case, it is required by the Act that
language be included in the ordinance that provides for removal of Zoning Board of Appeals
members for ''malfeasance", rather than just "misconduct". The zoning ordinance already
addressed nonperformance of duty, so this amendment will remove "misconduct" and add
"malfeasance" as a reason that a ZBA member "shall" be removed. The removal carries the
condition that written charges are made and a public hearing held.
NEW LANGUAGE
Deletions are cressed out and additions are in bold.
A member shall disqualify himself or herself from a vote in which the member has a
conflict of interest. Failure of a member to disqualify himself or herself from a vote in
which the member has a conflict of interest constitutes malfeasance in office. Jl.fiseonduet
Malfeasance shall include but not be limited to failure of members to disqualify themselves
from a vote in which that member has a conflict of interest. The City Commission may shall
remove a member of the ZBA for non-performance of duty or miseonduet malfeasance in
office, upon written charges and after public hearing.
DELffiERATION
I move that the amendment to Section 2501, (Creation and Membership, paragraph #4) of
Article XXV, (Zoning Board of Appeals), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approvaVdenial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2210
An ordinance to amend Section 2501 (Creation and Membership, paragraph 4) of
Atiicle XXV, Zoning Board of Appeals of the Muskegon Zoning Ordinance regarding
the removal of a ZBA member for malfeasance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2501, of Article XXV of the Muskegon Zoning Ordinance shall be amended, as
follows:
A member shall disqualify himself or herself from a vote in which the member has a conflict
of interest. Failure of a member to disqualify himself or herself from a vote in which the
member has a conflict of interest constitutes malfeasance in office. Malfeasance shall include
but not be limited to failure of members to disqualify themselves from a vote in which that
member has a conflict of interest. The City Commission shall remove a member of the ZBA
for non-performance of duty or malfeasance in office, upon written charges and after public
hearing.
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Wierengo, Carter, Davis, Gawron
Nayes: None
Adoption Date: November 28, 2006
Effective Date: December 12, 2006
First Reading: November 28, 2006
Second Reading:_-=.N.:.!../~A:___ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~xd~
Linda S. Potter, CMC, Acting City Clerk
Commission Meeting Date: November 28, 2006- Zoning Ordinance Amendment- Malfeasance
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
28th day of November, 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: ;t{)//emba: cJJ , 2006.
Linda S. Potter, CMC
Acting 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 November 28, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 250 I, paragraph 4 of Article XXV of the City of Muskegon Zoning
Ordinance.
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, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published /)ccember c2 ,2006 CITYOFMUSKEGON
By __~~~----~~-------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. I 01-80400-5354
5
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement with:
Hubbell, Roth & Clark, Inc.
SUMMARY OF REQUEST:
Enter into an engineering services agreement with Hubbell, Roth & Clark, Inc. out of
Grand Rapids to perform route study and design for a none motorize connector between
the Musketawa trail and the City's trail system along both, Laketon & Shoreline Dr. The
design phase of this agreement is limited to the Laketon connection for a not to exceed fee
of $52,517.
FINANCIAL IMPACT:
The fee will paid for though a grant the City had secured from the Michigan Department of
Natural Resources (MDNR) and the West Michigan Trails and Greenways Coalition.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Enter into an Engineering Services Agreement with Hubbell, Roth & Clark, Inc. This
recommendation is the result of reviewing and evaluating six (6) proposals by City and MDNR
staff. The evaluations were based on interviews (top two candidates), qualifications, fee and
hours submitted.
COMMITIEE RECOMMENDATION:
CITY OF MUSKEGON
CONSULTING ENGINEERING AGREEMENT
Musl<etawa Trail Connector Corridor
PROJECT NAME
THIS AGREEMENT, made and entered into as of this ol8 1 .t, day of
kw/ur , 2006, A.D., by and between Hubbell, Roth & Clark, Inc., Consulting
Engineers, of 801 Broadway N.W., Suite 215, Grand Rapids, Michigan 49504,
hereinafter refened to as the "CONSULTANT", And the City of Muskegon, a Public
Body Corporation, hereinafter referred to as the CITY.
WITNESSETH:
WHEREAS, the CITY desires to engage the professional services of the
CONSULTANT to pe1form certain engineering and other related services required in
connection with the project as defined by the Work Plan Outline referred to as the
"PROJECT".
WHEREAS, the CONSULTANT is willing to render the services desired by the
CITY for the consideration hereinafter expressed; and
WHEREAS, the parties hereto have reached an understanding regarding the
performance of the PROJECT work and desire to set forth this understanding in the form
of a written agreement.
NOW THEREFORE, IT IS HEREBY AGREED by and between the parties
hereto that:
I. THE CONSULTANT SHALL, perform professional services in connection with the
PROJECT as hereinafter stated.
THE CONSULTANT SHALL, serve as the CITY'S Professional Representative
in all of the Phases of the PROJECT, and will give consultation and advice to the CITY
during the performance of his services as follows:
WORK PLAN OUTLINE
The work will consist of the following steps:
ENGINEERING SERVICES WORK PLAN
UNDERSTANDING OF THE PROJECT
HRC's understanding of the requirements of this project is based on the Request for Proposal, field visits to
the site, attending the Information Meeting and the right-of-way (ROW) delineation update provided to the
consultants on October 16, 2006 plus the follow up e-mail of Thursday, October 19, 2006. This
understanding is fully outlined in the Technical Approach for Tasks I through 4 within this section. Please
see the Additional Information Section for more information regarding this Proposal.
HRC understands that the City, in partnership with the Michigan Depmtment of Natural Resources
(MDNR) intends to construct a non-motorized trail between the current termination of the Musketawa Trail
at Black Creek Road near Olthoff Road and the existing Shoreline Trail, which runs along the shoreline of
Muskegon Lake. It is the general intent to construct the trail along former railroad ROWs and to utilize the
existing Laketon Avenue Trail previously constmcted by the City as part of its trail network within the
City. It is intended to constmct the trail in two phases. The first phase would extend from the end of the
existing Musketawa Trail at Black Creek and Olthoff Roads to the end of the existing Laketon Trail on
Laketon Avenue at Creston Street. The second phase would statt at the existing Laketon Trail on Laketon
A venue at Madison Street and extend northwesterly along the abandoned railroad grade to the existing
Shoreline Trail just west of the CSX Railroad tracks at Giddings Avenue. We understand that it is desired
to follow off street routes wherever possible. However, following along street ROWs may be unavoidable
in certain areas due to ROW issues, safety crossings, etc.
Based on the information discussed at the Pre-proposal Meeting, we understand that qualifications will be
the primary means of selection with the proposed fee for the study and the design of the Phase I portion of
the trail also being a factor. Since there are several alternatives and many more unknowns in the Phase II
portion of the trail, the design fee for that portion will not be a factor in the selection but the price
submitted will be utilized as a starting point for negotiating a final fee for design of that trail portion.
Several design challenges exist including the following:
• Securing Right-of Way or trail easements in a few isolated locations
• Crossing the arterial streets carrying significant traffic volumes including Laketon Avenue, Getty
Street, Apple Avenue and the US-31 BR (Muskegon/Webster one-way pair or Moses Jones Parkway)
• Crossing the CSX active railroad tracks
2
There are appropriate and cost-effective solutions to all of these challenges. Identifying the feasible
alternatives and developing a methodology for evaluating and selecting the most appropriate alternative
will be a task of the design study.
Preliminary Design & Study
The Preliminary Design & Study will consist of the evaluation of several of the trail segment alternatives
that can be used to connect the trail from point to point. A preliminary cost will be determined for each of
the trail segments along with other non-cost factors such as
• The number of driveway crossings for the segment
• The number of street crossings for the segment
• Wetland impacts (decking required?)
• The trail quality (along or on the street vs. through a park-like setting, etc.)
• The difficulty of obtaining ownership or easement for a segment
• The trail grade required (steep (5% max) vs. relatively flat, etc.)
After development of all of the segments, a number of route alternatives will become apparent based on a
particular set of individual trail segments. Each of the routes will be evaluated based on cost and non-cost
factors identified above. From this, a matrix evaluation system will be developed to rank the various route
alternatives. This approach has been used before with a great deal of success on a very similar study for the
Paul Hemy non-motorized trail for the Grand Valley Metro Council (GVMC). We cite as a project
reference, Mr. Chris Dingman, Senior Transportation Planner of GVMC (616-776-7669). Both HRC
Project Manager, Dennis Benoit and HRC CADD Designer John Ensley worked on this study and
subsequent design efforts. A brief description of this methodology is described below.
Trail Segment Ranking System
In order to evaluate the various trail route alternatives, a number of factors would be compared between
each of the alternatives in order to provide a distinctive factor between each. The trail quality can be
compared by the percentage of its length that mns along a roadway versus the percentage that would mn
through residential areas or park land. The total length of each of these categories would be summarized
for each of the trail alternatives and a point value would be assigned for each of these categories. For the
trail length along high traffic roadways, a lower value would be assigned since the aspect of noise and
vehicles makes the high traffic roadway route somewhat less desirable. For a segment along lower traffic
public streets, a higher point value would be assigned since the noise level is generally lower. However,
the trail user will still need to contend with turning traffic and driveway interferences along this type of a
route. For sections of the trail that are off-road or away from public roads (such as along a former railroad
grade, through parks or school property), a higher value would be assigned since this type of trail is
3
generally more pleasant to use since noise levels are lower and the potential for interfering traffic is
substantially reduced. From the above three categories, an overall trail quality factor can be determined for
each segment. Generally, those trails with substantial portions that are off-road or away from the high
traffic roadways will receive relatively high values.
In order to determine the impact of public road crossings and driveway crossings on the overall trail
quality, a small negative point valve would be assigned for driveway crossings and a higher negative value
would be assigned for public road crossings. Since crossings are considered a negative to trail usage, the
point value for the appropriate number of crossings would be subtracted from the overall score.
In addition to the overall trail quality, the project cost of each trail alternative needs to be factored in to its
overall score. A point value of range would be chosen to compare the project cost of the various trail route
alternatives. The point values would be higher for lower project cost alternatives and lower for the higher
project cost alternatives. This rating penalizes the trail alternatives with a higher cost. The trail project cost
for the alternatives being considered would be selected in an appropriate range to add to the point value for
each of the alternatives, so that the project cost could be factored into its overall score.
Once the overall point value for trail quality, crossings and project cost are determined, an adjusted score
for each of the trail altematives would be summarized.
Since the assignment of point values can be relatively subjective, it may be difficult to provide a clear
recommendation for trail route alternatives with fairly close scores after completion of this process.
Subsequent discussion between members of the design team can be utilized in order to formalize a clear
recommendation or to decide a close score between alternatives.
Phase I Preliminary Route
Our understanding of the most logical location for the Phase I portion of the trail and the basis for the trail
design fee is described as follows. At the pre-proposal meeting, this preliminary route was discussed and it
was agreed that this route would be used as a basis for pricing of the Phase I trail design. This route was
chosen as potentially the least problematic and thus easiest to accomplish. The route would begin at the
end of the existing trail just east of Black Creek Road and extend along the former railroad ROW up to the
bridge over US-31. We understand that ownership of the railroad grade is questionable from west of Black
Creek road to the US-31 ROW. We also understand that using the existing railroad bridge to cross US-31
is probably not feasible since MDOT will most likely want to remove the bridge and redesign the freeway
in this location in order to avoid the low point in the freeway along with the attendant problems associated
with storm water pumping, narrowed cross section, etc that the bridge causes. At the point where the
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modification along Superior Street (modification of parking lanes, widening of existing sidewalks, etc.) to
accommodate the trail between Laketon Avenue and the former railroad ROW.
From Getty Street to Apple Avenue, it appears that there is adequate ownership of the former railroad
ROW to accommodate the trail. The trail could run along the northeast side of Nims Avenue to Wood
Street and then along the southwest side of Ambrosia Street to Apple A venue. For the Apple A venue
Crossing, it appears as though there is not adequate room within the existing ROW to construct an adequate
size refuge island without impacting existing structures. Other means of traffic calming could be
incorporated or a traffic signal could be considered for the trail crossing if it meets the warrants. If a simple
crossing with warning signs is not sufficient, another alternative would be for the trail to follow along in
front of, through or around the County Office Campus south of Apple Avenue to the signal at Pine Street
and cross Apple Avenue at that signal but then the trail would need to run along street ROWs to connect
back to the former railroad grade or possibly follow along another route.
From Apple Avenue to the Shoreline Trail, there are several alternative locat_ions for the proposed trail as
follows:
• Follow the former railroad grade to Muskegon Avenue (Moses Jones Parkway (US-31 BR)), then
follow along the east edge of the US-31 BR northwest to Marquette Avenue, and then follow either
Western avenue ROW or Ottawa Street to Giddings and then cross the CSX railroad to connect with
the Shoreline Trail. It appears that there may be a vacated alley (approximately 30' wide) behind the
properties on the west side of Yuba Street, which could be used for the trail along the east side of the
US-31 BR.
• At grade crossings of the US-31 BR could be considered in conjunction with the above alternative.
The existing traffic signal could possibly be used along with timing adjustments to cross the
southbound US-31 BRand the northbound Shoreline Drive. Crossing the northbound US-31 BRand
the southbound Shoreline Drive are not impeded by a traffic signal but adequate gaps may be created
by the existing signals at Marquette Avenue and Tenace Street. MDOT may not permit an at-grade
crossing since most of the current ROW has restricted pedestrian access from Spring Street to
Marquette A venue.
• Follow the former railroad grade from Apple Avenue to Yuba Street, then follow along the west edge
of Yuba Street southeast to Spring Street, cross Muskegon Avenue (NB US-31 BR) at the traffic light,
follow Spring Street across Webster Avenue (SB US-31 BR) to Western Avenue. At this location,
there is a planned development (Terrace Lots), which will be constructing a non-motorized trail to
Terrace Street. From the development, the trail could cross Shoreline Drive and the CSX railroad at
the existing traffic signal to connect with the Shoreline Trail at that location.
6
• Follow Pine Street from Apple Avenue to Western Avenue. At this location, fo llow the trail through
the proposed development as referred to above.
• A prefabricated trail bridge over Moses Jones Parkway (US-31 BR) could be considered along with the
first alternative above roughly in line with the Hall Street ROW if that would be less costly than the
additional trail length required to extend to the north or south as discussed above.
Project Schedule
HRC has provided a detailed schedule for Tasks I and 2, Preliminary Design and Study and Final Design.
The detailed schedule for Tasks 3 and 4, Construction Services would be determined by the selected
contractor. However, the overall time frame for construction will be dictated by the bidding documents and
will be dependent on the final project funding.
For the schedule, we have provided a detailed breakdown based on our Technical Approach and
Understanding of the Project which highlights deliverables, decision points and meetings.
TECHNICAL APPROACH
HRC's technical approach to accomplishing this project is divided into two primary tasks as requested in
the RFP. The first task, Preliminary Design & Study, will begin with the Project Start meeting and end
when a trail route is determined. T he second task, Final Design, would begin after the determination of the
preferred route and end with the completion of Final Plans and Specifications. The Final Design task is
further subdivided into two Phases. T he First Phase represents the portion of the trail from Black Creek
Road to the existing Laketon Trai l and the Second Phase would begin at the Laketon Trail and end at the
Shoreline Trail. T he Second Phase of the Final Design as well as the third and fourth tasks are not included
within the scope of this contract. The following work plan summarizes the method by which the scope of
services for Task 1 and 2 would be deli vered.
Task 1: Preliminary Design & Study
The City of Muskegon in conjunction with and support by the Michigan Department of Natural Resources
(MDNR) has undertaken a process to construct a continuation of the Musketawa Trail. This trail will
eventually run between Grand Rapids and Muskegon and is also proposed to eventually connect to the
Hart-Montague Trai l through Whitehall. Completing the section through Muskegon will also a llow trai l
users access to the existing City-owned trail network along Muskegon Lake and Lake Michigan.
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Project Start Meeting
HRC proposes to hold a meeting to review the needs and scope of the trail with the City and MDNR. We
understand that the City and MDNR are also considering an application for Enhancement Grant Funding
through MDOT. If possible, representatives from the Muskegon TSC could also attend to discuss the
project schedule and requirements should funding be realized. HRC would want to discuss the City's
desires for progress updates and stakeholders to be included. In addition, budgeting, right-of-way
acquisition, the environmental assessment and the project schedule would be discussed. This meeting also
provides an opportunity to discuss sensitive design issues that could be implemented with the project.
• Deliverables: Meeting Summary
• Meetings: Project Start Meeting
Preliminary Design Concepts
Developing preliminary design concepts will be lead by HRC's Project Manager, Dennis Benoit, P.E. and
Transportation Director, Richard Beaubien, P.E., P.T.O.E. Under their direct supervision, HRC's traffic
engineers and transportation planner will thoroughly review the critical issues for the trail including the
right-of-way and tax parcel information, vehicle counts, crash data and pedestrian access information along
the critical crossing locations.
Based on these results, HRC's Project Manager will work jointly with HRC transportation staff to develop
and analyze alternatives for design. HRC expects to develop and analyze several different route
alternatives as discussed previously. HRC will provide the City the Preliminary Design Concept report
with a cost estimate, preliminary ROW requirements, options for maintaining traffic during any necessary
roadway improvements, utility impacts, and access management recommendations for each alternative.
Existing aerial photo plans and property description information will be utilized during the study phase to
assess the route options and develop preliminary costs.
The alternatives will be presented to the City in a workshop for a comprehensive discussion and evaluation
of the benefits and costs of each alternative. A ranking system for each alternative will be developed to
compare cost and non-cost factors as discussed earlier. The level of detail and research for this task is
ctitical in order to provide the City with accurate information so that sound decisions can be made
regarding the future of this trail corridor. While MDNR and the City owns significant property along the
former railroad ROW, it is imperative to the Project Schedule that ROW needs are identified as early as
possible. A Preliminary identification of potential ROW needs will be included within the Preliminary
Design Study. At the conclusion of this workshop, the City is expected to give HRC approval to proceed
with a preferred design concept and preliminary horizontal alignment.
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At this time, it would also to solicit public input on the preferred trail route so that adjustments can be made
before proceeding into Final Design. If desired, we could present the preferred concept plan.
• Deliverables: Preliminary Design Concept Report, Meeting Summary
• Meetings: Design Concept Review and Selection (Coordinate with Public Information Meeting)
Task 2: Final Design
HRC's design approach for this task will be broken up into three steps: Base Plan, Preliminary and Final
Engineering. This methodology is based on the MDOT Program/Project Management System (PPMS)
Tasks for plan development. The MDOT tasks have proven to be a very effective method to achieve the
desired outcome in a timely and thorough manner. While using the MDOT PPMS Tasks as a guideline,
HRC puts special early emphasis on items that directly impact the project schedule and cost. For this
project, these items would include assessment of right-of-way impacts, and MDOT permitting for the trail
location including any required clear zone determination. HRC has had success with the early coordination
of these items on other projects. The three steps would be similar for each of the two Phases of this project
and it is intended that the design for these two phases would be completed concurrently so as to improve
efficiency.
Step I- Base Plan Engineering
Conduct Topographic Survey for Design
Prior to conducting the topographic survey the Project Manager, Design Engineer and the Survey
Subconsultant will meet to further discuss and identify the project scope and project requirements.
The survey will be performed under the direct supervision of Meyers, Beuche & Nies, P.C. (MBN) MBN
Professional Surveyors, licensed with the State of Michigan, have worked together with HRC on several
projects and we are familiar with and comfortable with their level of detail and quality of work product.
Prior to commencement, all factors that will affect the design product will be taken into consideration and a
pre-survey records research will be made to furnish the survey field crew with sufficient supporting
information to assure an efficient and complete topographic design survey. HRC will contact utility
companies for location maps, research land records and attempt to obtain any development plans which
may be available. Other research may include available records of horizontal and vertical control and Land
Corner Recordation Certificates to aid in the locating and preservation of sectional control within the limits
of influence. It is not anticipated that wetland will be an issue on this project as the route is following
along improved or previously improved roadways. If the preferred route at the conclusion of the study
deviates from the originally intended route, the need for wetland delineation will be determined. Similarly,
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it is not anticipated that soil borings will be necessary since the route will follow along previously used
roadbeds. If it is determined that additional geotechnical information is necessary due to a change in route,
geotechnical information can be obtained by hand auger borings at a very modest cost. If these are
necessary, their locations will be surveyed so they can be accurately located on the plans.
The survey will be conducted utilizing a combination of Global Positioning System (GPS) technology and
Total Station data collection. All topographic information will be collected, coded and elevated by these
processes. The topographic data will be post-processed by qualified office technicians and will be
subjected to our quality assurance and quality control (QA/QC) procedure prior to submitting the
information for design. The survey will be conducted "on the ground" and will not incorporate the use of
aerial mapping. This is the most accurate method of surveying. The topographic limits will be determined
by the preferred route selected at the conclusion of the study.
As an alternate, if MDOT Enhancement Grant Funding is not utilized on a specific Phase of the Project, we
suggest that a significant portion of the trail could be constructed without a detailed topographic survey. In
these locations, where there is little elevation change, property boundaries are very well defined and
drainage would not likely be problematic, the trail could be constructed utilizing aerial photographic
backgrounds as the plan medium along with typical cross sections. This technique has been utilized with
success before and should provide cost savings for the project. Detailed elevations and topographic
information would still be provided where necessary for permits such as along MOOT trunklines. Our
proposed price includes a deduct for elimination of a pottion of the topographic survey should this option
be exercised.
For the duration of the survey the MBN crews will practice safety standards in conjunction with their safety
procedures and manual and that of local and state regulatory agencies.
Horizontal and Preliminary Vertical Alignment
Task 1, Preliminary Design & Study, will produce the proposed horizontal alignment. The preliminary
vertical alignment would be developed utilizing the horizontal alignment and design survey. In most areas,
little change in existing grades are anticipated. However, there will be some areas where changes in the
vertical grade will be necessary so that the trail will be visible to motorists and drainage issues can be
avoided. This final horizontal alignment, along with the preliminary vertical alignment, would be the basis
of the preparation of the Identification of Right-of-Way Needs.
Identification of Right-of-Way Needs
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While MDNR and the City owns significant property along the former railroad ROW, it is imperative to the
Project Schedule that ROW needs are identified as early as possible. A Preliminary identification of
potential ROW needs will be included within the Preliminary Design and Study. The Final ROW limits
should be known at this point of design and the affected parcels will be identified. Identifying parcels
needing acquisition would allow for any title work and appraisals to begin. HRC has found that beginning
the title and appraisal work early in the ROW process helps keep the project on the desired schedule.
• Deliverables: List of Affected Parcels
Prepare Base Plans
HRC would prepare site condition plans utilizing electronic topographic data collected, and utility location
information as received from utility companies and governmental agencies. Other information, as obtained
from record drawings, if available, would be included. The work product at this stage consists of plans that
accurately display existing site conditions.
The HRC Project Manager would coordinate the preparation of Base Plans with the Design Engineer, and
at this point, the plans would reflect the design parameters discussed at the Project Start Meeting, including
horizontal and preliminary vertical alignment.
Utility coordination and relocation would begin in this Phase of the project. An initial contact would be
made with the utility companies to inform them of the project scope and schedule. During this phase,
potential conflicts will be identified along with the review of any utilities that occupy easements outside of
the ROW. This information is cmcial to the identification of the ROW needs and the Project's budget.
HRC would also identify preliminary permit needs for the project. This enables contact to be made with
the appropriate agencies to notify them of the project and to determine, up front, if any special
considerations will be needed.
The Base Plans would be submitted to the QA/QC Engineer, David Wilcox, P.E., for review and approval
prior to submittal to the City. Mr. Wilcox is in charge of HRC' s Field Operations which includes
surveying, construction engineering and observation and testing. The QA/QC review would include a
thorough field visit to ensure the topographic survey is complete and to identify special conditions. The
review would also include ensuring the Base Plans are of the highest quality and accuracy. A Base Plan
Review Meeting would be held with the City to go over any comments the City may have.
• Deliverables: Base Plans, Meeting Summary
• Meetings: Base Plan Review Meetings
II
Step li ~Preliminary Engineering
Private Utility Evaluation and Coordination
During this Phase, HRC would continue to evaluate the locations of and impacts to existing private utilities
(gas, oil, electric, telephone, fiber optic, etc.). As patt of this evaluation, HRC would contact the utility
companies and identify critical areas where additional information (i.e. elevations), or relocations would be
needed. As mentioned previously, HRC schedules an early Utility Meeting during Base Plan Preparation.
After this meeting, revisions to the plans are made based on additional information provided by the utility
companies. During the Preliminary Engineering Phase, individual meetings can be scheduled with the
utility companies wherever significant relocations are anticipated.
HRC has extensive experience in coordinating relocations with a variety of utility companies such as
AT&T, Michigan Consolidated Gas, Detroit Edison, Consumers Energy, and miscellaneous fiber optic
companies. Our office is familiar with the review and understanding of private utility plans as well as the
processes and scheduling needed for relocations or coordination.
Develop the Construction Zone Traffic Control Plan
If significant changes are proposed for the crossings along the arterial streets (Apple Avenue, Getty Street,
Marquette Avenue, Muskegon Avenue, Webster Avenue, etc) preparing a construction zone traffic control
plan will be necessary. Special attention would be given at this time to the City, MDOT and local issues.
HRC would be in contact with various agencies and pertinent information on special events, or local
ordinance requirements that impact the construction schedule, operations, or traffic control would be
obtained. Also, pedestrian access and needs would also be critical.
HRC would suggest that Maintaining Traffic would be a part of the Grade Inspection (GI) meeting if
significant changes to the streets such as a refuge island are included. At this meeting items discussed
would include scheduling of constmction and utility relocation, right-of-way acquisition needed for utility
relocations and major items of concern with respect to Maintaining Traffic.
The Construction Zone Traffic Control Plan would be revised as necessary based on comments received at
the GI meeting. The HRC Project Manager and Design Engineer would coordinate preparation of the Plan.
The revised Construction Zone Traffic Control Plan would be submitted, following a QNQC review, with
the Preliminary Plan package to the City for review and discussion at the GI meeting.
Develop Right-of-Way/Easement Documentation (if necessary)
12
Additional items involved in this Phase that are not previously discussed would include, but not be limited
to:
• Permanent and temporary soil erosion and sedimentation control design
• Design for any connecting sidewalk reconstmction or filling of gaps
• Engineer's estimate of construction
• Special provisions
Preliminary plans reflecting all revision comments and recommendations made at the Base Plan Review
Meeting would be assembled by HRC and given a QNQC review. Preliminary plans and all special
provisions and estimate would be submitted to the City by the HRC Project Manager. HRC would be in
contact with the City as necessary to provide assurances that the project is progressing according to the
schedule. This involvement by the City is imperative for a successful project.
QNQC and Constructability Review
HRC would have the QNQC Engineer review the plans for quality, consistency, and constructability. This
would include a thorough field review of the site. This review would include, but not be limited to,
reviewing the plans, specifications, and bid items to resolve errors and omissions. In addition, permits that
are needed from Local and State agencies would be confirmed. Also, bid quantities, clarity of the
specifications and plans, and constructability would be reviewed. The constmctability review would
include assessing conflicts with both above and below ground utilities, appraise the traffic staging plans
with respect to balancing the needs of the public with the needs of the contractor, safety, and to review the
entire design for potential cost overruns and construction delays.
Once corrections have been made based on the QAJQC review, preliminary plans, special provisions, and
estimate would be submitted for the Grade Inspection Meeting to the City by the HRC Project Manager.
Permitting
HRC would perform all design and support services necessary to obtain the permits required for this
project. These permits would include MDOT and MDEQ Soil Erosion and Sedimentation Control, if
necessary. The permit application process is a vital step in the Preliminary Engineering Phase due to its
impact to the schedule and the design implications of permit approval. HRC would schedule preliminary
meetings with key agencies prior to permit application submittal to address any concems and answer
questions that otherwise could delay permit issuance. For the City's portion of the project, MDEQ Permits
may be issued through the Transportation Unit of the Land and Water Management Division and not
through the District Office of the Land and Water management Division. HRC has a great working
14
relationship with the Transportation Unit and anticipates no difficulties in obtaining the MDEQ permits
either for the wetland impacts or the enclosure of the Drain.
Review Preliminary Plans (Grade Inspection)
The Grade Inspection meeting (GI) would be scheduled by the MDOT Project Manager to review the
preliminary plans. This important meeting produces technical review comments and guidance to the design
team in producing final plans and specifications. The GI meeting would produce plan markups that are
vital to the production of final plans.
• Deliverables: Preliminary Plans, Meeting Summary
• Meetings: Grade Inspection (Preliminary Plan Review)
Step III Final Engineering
Develop Final Plans and Specifications
The HRC Project Manager and Design Engineer would coordinate the preparation of Final Plans and
Specifications. The plans would be developed based on comments from the GI meeting, along with any
additional comments that are received. Also, requirements and consideration needed based on right-of-way
negotiations would also be addressed at this point. Permitting requirements would also be incorporated
into the plans and specifications. All previous items discussed would be updated.
The HRC Project Manager and the QAJQC Engineer will review the Final Plans and Specifications.
Among the items included in the submittal package would be reproducible plan sheets, approved special
provisions and supplemental specifications, engineer's estimate, and written responses to Preliminary Plan
Review comments.
• Deliverables: Final Plans and Specifications and Engineer's Cost Estimate
WORK PLAN SUMMARY
HRC Responsibilities During Execution of Work Plan
• All meeting summaries are prepared and distributed to all meeting attendees within one week of the
meeting.
• Attend public hearings, information meetings, open houses, etc., and provide display materials as
required. HRC anticipates this may be done twice during the duration of the project.
• HRC prepares and submits all necessary information as needed for permit applications to the
appropriate agency. These agencies would include, but are not limited to, MDOT, MDEQ and Soil
Erosion and Sedimentation Control.
15
• Whenever design alternatives or discoveries change the scope, limits, quantities, costs, or right~of-way,
HRC would contact the City immediately.
• Preparation of Preliminary Design Concept.
• Preparation of plans, specifications and estimates for bidding.
Submittals
Throughout the project various submittals shall be made to the City for review and approval, or comment.
These would include the following:
• Prepare and submit Preliminary Design Concept.
• Prepare and submit MDOT Programming Application.
• Prepare and submit the preliminary horizontal and vertical alignments to the City for review.
• Prepare and submit plans, cross-sections, specifications and estimates, as necessary, prior to each
review meeting.
• Prepare and submit right-of-way and easement acquisition documents to the City so that they may
acquire the needed properties. Title Commitments will be coordinated by HRC and paid for separately
by the City.
• Prepare and submit all permit applications.
• Prepare and submit sets of construction drawings, supplemental specifications and special provisions,
and engineer's estimate for the Owner's review prior to the Base Plan Review meeting, Preliminary
Engineering (GI) meeting, and other review meetings.
• Final bid documents, Engineer's Estimate, copies of the Proposal and any other information required
for bidding.
• Prepare and submit all construction estimates.
Owner Responsibilities
We understand the City will be responsible for the wetland mitigation site selection and for title work,
appraisals and ROW/easement acquisition. The City will be issuing the plans for Bidding.
Schedule
HRC has provided schedules for the Preliminary Design & Study and Final Design (Tasks I and 2) as part
of this proposal on the following page.
16
Schedule
Study and Design Services for
Musketawa-Shoreline Non-Motorized Trail Connector
City of Muskegon
WEEKS
Task 0 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32
Preliminary Design and Study I
Project Start Meeting/Project Initiation Interview ~ I
Field Investigation I
Route Segment Determination I
Major S treet Crossings I
Pre Design Detail Sketches I
Figures
Preliminary Route Plans
Matrix Tables I Alternative Ranking
Cost Opinion
Repon Writeup
QAReview
Address QA Review
Repon Printing I
Review Meeting
Public Meeting •• I
I
I
Final Design
Topo Survey
Horiz and Preliminary Vertical Alignment
Confirmation of ROW Needs
Prepare Base Construction Plans
Base Plan Review Meeting
Private Utility Evaluation/Coordination
Construction Zone Traffic Control
• I I
Develop ROW Documentation
Municipal Utility Coordination
Trail Marking Plan/Signage
Preliminary Plans
,.
QA/QC Constructability Review
Permitting
Submit Plans/GI Meeting
Develop Final Plans • ,.
Final Document Deliverables
Bid Phase/Award Recommendation
Post Design Interview I I.
,.,
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FEE SCHEDULE
ASSUMPTIONS REGARDING WORK INCLUDED IN BASE PRICE
• T he Phase I trail will be constructed along the existing former railroad grade to US-3 1 and a long US-
3 1 to Laketon and then west to Creston.
• Assumes that work will be authorized in November 2006 and that design work will be completed in
2007.
• City will act as Project Engineer for the MOOT funded Enhancement Projects.
• Title Searches wi ll be paid for by the City directly to title insurance company with coordination by
HRC.
• Costs for Parcel Acquisition and Negotiations with Property Owners will be by others.
• Costs for Legal Descriptions and Ex hibits needed for parcel or easement acquisition will be determined
on a price for each parcel.
• Route for trail design wi ll follow the assumed trail routes.
• T raffic signal design or other electrically energized traffic control devices are not included.
• Design of Bridge Footings is not included.
FEE SCHEDULE
The fee schedule for this project is outlined below:
• Preliminary Design and Study $ 18,362.00
• Final Design (Phase I) $34.155.00
• Total $52,5 17.00
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GENERAL PROVISIONS
The CONSULTANT shall:
I. Follow standard accounting practices and permit the CITY to inspect its
PROJECT books and records at any reasonable time. Such records are to be
kept available for three (3) years from the date of the final payment for
work conducted under this Agreement.
2. Have in its employ a sufficient number of qualified employees available to
complete the PROJECT in accordance with the schedule established upon
the authorization of the services as outlined herein.
3. Show evidence of Workmen's Compensation Insurance, said insurance to be
required by law. Maintain and show evidence of Professional Liability
Insurance in the amount of $500,000, maintain General Liability Insurance
with a limit of liability not less than $500,000, and name the CITY OF
MUSKEGON as additional insured with policy(ies) not being cancelled or
materially altered without at least thirty (30) days notice to the CITY.
4. Commence work on the PROJECT as set forth in this Agreement only upon
receipt of written notice from the CITY.
5. During the performance of the services herein provided for, be responsible
for any loss or damage to the documents, hereinafter enumerated as
belonging to the CITY, while they are in its possession. Restoration of lost
or damaged documents shall be at the CONSULTANT'S expense.
6. The CONSULTANT will perform all work on this project with its own
employees except as noted herein, or as approved by the CITY.
7. CITY INCOME TAX WITHHOLDING. The CONSULTANT shall withhold
Muskegon City income taxes from each and every employee who is subject to
same, and shall pay the income tax due, if any. CONSULTANT shall further
require the same of each subconsultant or other party with whom
CONSULTANT works or from whom CONSULTANT obtains goods or
services for the project. Payroll submissions required by this agreement shall
include full information showing said withholding. The CITY may withhold
payments otherwise due to the CONSULTANT to assure compliance with this
agreement or cure noncompliance.
II. THE CITY WILL:
A. Provide to CONSULTANT existing data as it is available from its files.
B. Pay for and in consideration of the services rendered by the CONSULTANT in
carrying out the PROJECT on the basis of costs as outlined in the proposal
under the sections entitled "ENGINEERING SERVICES WORK PLAN" and
"CURRENT FEE SCHEDULE" shall not exceed $52,517. Any increase in the
19
amount to be _paid to the CONSULTANT shall be by amendment to this
Agreement. CONSULTANT shall render monthly billings based on an hourly
rate times a multiplier up to the not to exceed amount. CITY will make
payment of these invoices within thirty (30) days of rece!Qt.
C. Determine actual costs for the PROJECT work required and performed in
accordance with the following terms:
1. Direct Salary Costs: Actual Direct Salary costs of members of the firm
and staff personnel on the basis of salary, on an hourly basis (without
markup) actually expended for said personnel for the time such personnel
are directly utilized on the PROJECT.
2. Other Direct Costs: Actual cost of other material and services as may be
required hereunder but which are not normally provided as part of the
overhead of the CONSULTANT. All actual costs shall be itemized and
certified as paid to specifically named firms or individuals, and shall be
supported by proper receipts. Examples of items normally treated as
direct costs are as follows.
Computer services, travel, transportation, printing and telephone costs
related to the PROJECT work performed. Engineering services (by
others) such as surveys, professional engineering services, etc., and items
other than engineering services related to the PROJECT.
3. Overhead, Indirect Costs and Profit: The overhead and indirect costs
incurred by the CONSULTANT during performance of the PROJECT
work. The amount of overhead, indirect costs and profit payment,
including payroll overhead, will be calculated as a percentage of all direct
salary costs related to staff personnel. Overhead and indirect costs shall
include those costs which, because of the incurrence for common or joint
objectives are not readily subject to treatment as a direct cost. The
percentage rate, for Payroll Overhead (Direct Salary Costs), Firm
Overhead and Profit, which will be applied to direct labor costs for
progress payments, is 290%
It is agreed that this rate is the final overhead rate and will be used for all
work related to the PROJECT.
D. Make payments to the CONSULTANT in accordance with the following
procedures:
1. Progress payments shall be made for reimbursement of amount earned to
elate and shall include direct salary costs, other direct costs, calculated
amounts for overhead, indirect costs and profit using the aforementioned
rate.
2. Partial payments will be made upon the submissions by the
CONSULTANT of an Invoice Voucher, accompanied by properly
completed reporting forms and such other evidence of progress as may be
20
required by the CITY. Partial payments shall be made only once a month
and within thirty (30) days of recei t by the CITY.
3. Final billing under this contract shall be submitted in a timely manner but
not later than six months after completion of the work. Billings for work
submitted later than six months after completion of the work will not be
paid. Final payment will be made upon completion satisfactory to the
CITY.
E. If work on the Agreement is terminated before completion, pay the
CONSULTANT actual costs incurred for the work up to the time of
termination of this Agreement, compensate the CONSULTANT in full for all
overhead costs defined above and prorated profit on work completed. The
aforesaid payment shall be an amount which can be established by the
CONSULTANT from his accounts and records, and verified by the CITY. In
no case shall the amount paid to the CONSULTANT for partial completion of
work under this Agreement exceed the amount the CONSULTANT would
receive had all work be completed.
III. IT IS FURTHER AGREED THAT:
A Upon completion or termination of this Agreement, all documents prepared
by the CONSULTANT, including tracings, drawings, estimates,
specifications, field notes, investigations, studies, etc., as instruments of
service, shall become the property of the CITY. The CONSULTANT may
keep a copy of materials developed through this contract.
B. No portion of the PROJECT work, hereto before defined, shall be sublet,
assigned, or otherwise disposed of except as herein provided or with the prior
written consent of the CITY. Consent to sublet, assign or otherwise dispose
of any portion of said work shall not be construed to relieve the
CONSULTANT of any responsibility for the fulfillment of this Agreement.
C. All questions which may arise as to the quality and acceptability of work, the
manner of performance and rate of progress of work, and the interpretation
of plans and specifications shall be addressed by the CONSULTANT to the
satisfaction of the CITY. All questions as to the satisfactory completion
shall be decided by the CITY.
D. Any change in work to be performed by the CONSULTANT involving extra
compensation must be authorized in writing by the CITY prior to the
performance thereof by the CONSULTANT.
E. The CONSULTANT agrees that it has not employed or retained any
company or person other than bona fide employees working solely for the
CONSULTANT, to solicit or secure this Agreement, and that it has not paid
or agreed to pay any company or person, other than bona fide employees
working solely for the CONSULTANT, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon, or resulting
from the award or making of the Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without
21
liability or, at its discretion, to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
F. The CONSULTANT specifically agrees that in the performance of
engineering services herein enumerated, by him, or by an approved
subcontractor, or anyone acting in its behalf, they will comply with any and
all State, Federal, and Local statutes, ordinances and regulations and obtain
all permits that are applicable to the entry into and the performance of this
Agreement.
G. No charges or claims for damages shall be made by the CONSULTANT for
delays or hindrances from any cause whatsoever during the progress of any
portions of the services specified in this Agreement, except as hereinafter
provided.
In case of a substantial delay on the part of the CITY in providing to the
CONSULTANT access to the site, necessary information or approval to
proceed with the work, resulting, through no fault of the
CONSULTANT, in delays of such extent as to require the
CONSULTANT to perform his work under changed conditions not
contemplated by the parties, the CITY will provide supplemental
compensation limited to increased costs incurred as a direct result of
such delays. Any claim of supplemental compensation must be in
writing and accompanied by substantiating data. Authorization of such
supplemental compensation shall be by an amendment to this
Agreement. When delays are caused by circumstances or conditions
beyond the control of the CONSULTANT, as determined by the CITY,
the CONSULTANT shall be granted an extension of time for such
reasonable period as may be mutually agreed upon between the parties,
it being understood, however, that the permitting of the CONSULTANT
to proceed to complete any services, or part of them, after the date to
which the time of completion may have been extended, shall in no way
operate as a waiver on the part of the CITY of any of its rights herein set
forth.
H. In case the CONSULTANT deems extra compensation will be due them for
work or materials not clearly covered in this Agreement, or not ordered by
the CITY as a change, or due to changed conditions, the CONSULTANT
shall notify the CITY in writing of his intention to make claim for such extra
compensation before they begin such work.
Failure on the part of the CONSULTANT to give such notification will
constitute a waiver of the claim for such extra compensation. The filing of
such notice by the CONSULTANT shall not in any ways be construed to
establish the validity of the claim. Such extra compensation shall be
provided only by amendment to this Agreement.
I. The CONSULTANT agrees to comply with the following insurance and
indemnity requirements:
22
l. Hold Harmless Agreements: The CONSULTANT agrees to the fullest
extent permitted by law, to indemnify and hold harmless the CITY, its
elected and appointed officials, employees, volunteers, and others
working on behalf of the CITY (collectively, CITY) against all
damages, liabilities or costs, including reasonable attorneys' fees and
defense costs, to the extent caused by the CONSULTANTS negligent
performance of professional services under this agreement and that of
'ts subconsultants or anyone for whom the CONSULTANT is legally
liable. The obligation to defend and hold harmless extends to
CONSULTANT'S em loyees, agents, subcontractors, assigns and
successors.
The CITY agrees, to the fullest extent permitted by law, to indemnify
and hold harmless the CONSULTANT, its elected and appointed
officers, Directors, employees and subcontractors (collectively,
CONSULTANT) against all damages, liabilities or costs, including
reasonable attorneys' fees and defense costs, to the extent caused by the
CITYS negligent acts in connection with the project and the acts of its
contractors, subcontractors or consultants or anyone for whom the CITY
is legally liable. The obligation to defend and hold harmless extends to
CITYS employees, agents, subcontractors, assigns and successors.
Neither the CONSULTANT nor the CITY shall be obligated to
indemnify the other party in any manner whatsoever for the other
party's own negligence.
2. Consultant Insurance Requirements: CONSULTANT shall not
commence work under this contract until obtaining the insurance
required under this paragraph. All coverage's shall be with insurance
companies licensed and admitted to do business in the State of
Michigan and Best Rated A VIII. All coverage shall be with insurance
carriers acceptable to the CITY.
3. Workers' Compensation Insurance: The CONSULTANT shall procure
and maintain during the life of this contract, Workers' Compensation
Insurance, including Employer's Liability coverage, in accordance with
all applicable Statutes of the State of Michigan.
4. General Liability Insurance: The CONSULTANT shall procure and
maintain during the life of this contract, commercial General Liability
Insurance on an "Occurrence Basis" with limits of liability not less than
$500,000 per occurrence and/or aggregate combined single limit,
Personal Injury, Bodily Injury and Property Damage. Coverage shall
include the following extensions: (a) Contractual Liability; (b) Products
and Completed Operations; (c) Independent Contractor' s Coverage; (d)
Broad Form General Liability Extensions or equivalent.
5. Motor Vehicle Liability: The CONSULTANT shall procure and
maintain during the life of this contract Motor Vehicle Liability
Insurance, including Michigan No-Fault Coverage's, with limits of
liability of not less than $500,000 per occurrence or combined single
23
limit Bodily Injury and Property Damage. Coverage shall include all
owned vehicles, all non-owned vehicles and all hired vehicles .
6. Professional Liability Insurance: The CONSULTANT shall procure and
maintain during the life of this contract and during the performance of
all services, Professional Liability Insurance covering all performances
from the beginning of the Consultant's services on a "claims made
basis" and shall maintain coverage from commence of this contract until
six (6) months following completion of the Consultant's work with
limits of liability not Jess than $500,000 per occurrence.
7. Additional Insured: Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement
stating the following shall be "Additional Insured": The CITY OF
MUSKEGON, all elected and appointed officials, all employees and
volunteers, all boards, commissions and/or authorities and board
members, including employees and volunteers thereof and ffhe State of
Michigan De_partment of Natural Resources (MDNR) .
8. Cancellation Notice: Workers' Compensation Insurance, General
Liability Insurance, Motor Vehicle Liability Insurance, and Professional
Liability Insurance, as described above, shall include an endorsement
stating the following: It is understood and agreed that Thirty (30) Days
Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON
ENGINEERING DEPARTMENT.
9. Proof of Insurance Coverage: The CONSULTANT shall provide the
CITY at the time of the contracts are returned by him for execution,
certificates and policies as listed below:
(a) Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance.
(b) Two (2) copies of Certificate of Insurance for Commercial
General Liability Insurance.
(c) Two (2) copies of Certificate of Insurance for Vehicle
Liability Insurance.
(d) Two (2) copies of Certificate of Insurance for Professional
Liability Insurance.
(e) If so requested, certified copies of all policies mentioned
above will be furnished .
If any of the above coverage's expire during the term of this
contract, the CONSULTANT shall deliver renewal certificates
and/or policies to the CITY as soon as is practical prior to the
expiration date.
24
J. This Agreement shall be terminated upon advisement to the CONSULTANT
by the CITY that the PROJECT work is completed and accepted, with the
exception that the Professional Liability Insurance at the identified limits of
coverage shall remain in effect for a period of six (6) months following the
date of said advisement of termination.
K. Upon execution of this Agreement by the parties hereto, the same shall
become binding on the parties hereto and their successors and assigns .
IN WITNESS WHEREOF, the parties hereto have set their hands and seals by
their duly authorized agents and representatives the day and year first above written.
Witness Thomas . Doran, Vice President Date
CITY OF MUSKEGON
Witness ate
Linda Potter, Acting City Clerk Date
25
Commission Meeting Date: November 28, 2006
Date: November 17,2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development UbC
RE: Zoning Ordinance Amendment- Multiple Family Uses in B-3
SUMMARY OF REQUEST:
Request to amend Section 1201, Special Land Uses Permitted,# 7 of Article XII, B-3, Central
Business District, to allow multiple family developments with a special use permit.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends the amendment of Section 1201, # 7 of Article XII.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11116 meeting. The
vote was unanimous with B. Smith absent.
11/17/2006
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 16,2006
Hearing; Case 2006-53: Staff initiated request to amend Section 1201 (Special Land
Uses Permitted, #7) of Article XII (B-3, Central Business District) to allow multiple
family developments with a special land use permit.
BACKGROUND
Our downtown area is developing very quickly and the residential element is becoming very
impottant to the "new" downtown. Presently, the only residential uses allowed are those that
are part of a building. No newly constructed residential buildings are allowed. Planning staff
believes that multiple family residential uses should be added to the B-3, Central Business
District as a special land use, where the design can be guided by the Planning Commission.
The proposed language is very similar to that used in the H, Heritage zoning district for
multifamily residential uses.
NEW LANGUAGE
Deletions are eresserl eHt and additions are in bold.
New#?
7. Multiple family residential uses of various types and densities. Any new multiple
family construction shall be compatible and/or complementary to the character
of the surrounding area as determined by the Planning Commission.
DELffiERATION
I move that the amendment to Section 1201, (Special Land Uses Permitted, #7), of Atticle
XII, (B-3, Central Business District), of the City of Muskegon Zoning Ordinance, be
recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2211
An ordinance to amend Section 1201 (Special Land Uses Permitted, #7) of Article XII,
B-3, Central Business District, of the Muskegon Zoning Ordinance regarding to allow
multiple family developments with a special land use permit.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1201, of Article XII of the Muskegon Zoning Ordinance shall be amended, as follows:
(New#7)
7. Multiple family residential uses of various types and densities. Any new multiple
family construction shall be compatible and/or complementary to the character of the
surrounding area as detennined by the Planning Commission.
(Renun1bering)
8. Accessory buildings and accessory uses customarily incidental to any ofthe above
Special Land Uses Permitted.
9. Uses similar to the above Special Land Uses Permitted.
This ordinance adopted:
Ayes: Spataro, Warmington, Wierengo, Carter, Davis, Gawron, Shepherd
Nayes: None
Adoption Date:_ ___:_N.:. =o.. :. v. .:. em=be.. :. . : . . :r:.___:2:. . :8. :. .,___::.2. : . .00..: . .6: . . __ _ _ _ _ _ __
Effective Date: _ _ _De_c_e_m_be
_ r_1_2_:,_2_0_0_6_ _ _ _ _ _ __
First Reading: _ _ __;N...:..o-'-ve~m=b-=-e:..::r;___::2...:..8..!..,--=20"-0"-6'-----------
Second Reading: _ __N.c_/_A_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY OF MUSKEGON
By: ~~ /Jt6z<
Linda S. Potter, CMC, Acting City Clerk
Connnission Meeting Date: November 28, 2006- Zoning Ordinance Amendment - Special Uses in B-3
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting ofthe City Commission on the
28th day ofNovember, 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: dvcmlrr J' [ , 2006.
Linda S. Potter, CMC
Acting 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 November 28, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 1201, #7 of Article XII of the City of Muskegon Zoning Ordinance.
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 0e. ce.m bcr o2 , 2006 CITY OF MUSKEGON
By ________________________
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: November 28, 2006
Date: November 17, 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (JU---
RE: Zoning Ordinance Amendment- Eliminate Minimum Lot Size
in B-3
SUMMARY OF REQUEST:
Request to amend Section 1200, (Principal Uses Permitted,# 9) of Article XII, B-3, Central
Business District, to eliminate the minimum lot requirements for residential uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends the amendment of Section 1200, # 9 of Article XII.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 11116 meeting. The
vote was unanimous with B. Smith absent.
11/17/2006 1
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
November 16,2006
Hearing; Case 2006-54: Staff initiated request to amend Section 1200 (Principal Uses
Permitted, Article XII (B-3, Central Business District) to eliminate the minimum lot
requirements for residential uses.
BACKGROUND
Presently, our zoning requires a minimum lot size of 21,780 sq. ft., which is half an acre, for
residential uses as part of a building in a B-3 zoning district. Considering the size of most
downtown parcels, this requirement seems way too large for a central business district. Since
we have been encouraging more residential downtown, it seems appropriate to remove this
requirement to make residential development as part of a building easier to accomplish, as
well as encourage construction of new residential units.
NEW LANGUAGE
Deletions are erossed eut and additions are in bold.
9. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections.,-but
provided that the minimum let reEtUirements ef the RM 3 District are met.
DELIBERATION
I move that the amendment to Section 120, (Principal Uses Permitted, #9), of Article XII, (B-
3, Central Business District), of the City ofMuskegon Zoning Ordinance, be recommended to
the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2212
An ordinance to amend Section 1200 (Principal Uses Permitted, #9) of Article XII, B-3,
Central Business District, of the Muskegon Zoning Ordinance regarding to eliminate
the minimum lot requirements for residential uses.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1200, of Article XII ofthe Muskegon Zoning Ordinance shall be amended, as follows:
9. Residential uses as part of a building in this business zone shall be allowed upon
issuance of a Certificate of Occupancy from the Department of Inspections.
This ordinance adopted:
Ayes:warmington, Wierengo, Carter, Davis, Gawron, Shepherd, Spataro
Nayes:.~N~o=n~e~----------------------------------------------
Adoption Date:._______:N..:..:o:....:vc...::e:.:..:m=b-=e=-r-'2=-8"-',_cc...::2:...::0-=0-=6---------------
Effective Date:_____De=c::..:e::::m""b:..::eo=r----=1=-2'-'--=2::..::0:..::0:...::6'--------------------
First Reading:. ______:N. :. . :o:. . :v--=e.___
:c:.mber_2-'8'-',_cc...::2...::.0-=-0-=-6---------------
Second Reading:. ____;:.N.;,c./...:.:A~-------------
CITY OF MUSKEGON
By: ~J ~
Linda S. Potter, CMC, Acting City Clerk
Commission Meeting Date: November 28, 2006- Zoning Ordinance Amendment - Minimum lot requirement in B-3
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
28th day of November, 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: dv&m./Jt:L c2 7 , 2006.
Linda S. Potter, CMC
Acting 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 November 28, 2006, the City Commission of the City of Muskegon adopted
an ordinance to amend Section 1200, # 9 of Atticle XII of the City of Muskegon Zoning Ordinance.
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 Ji'om the date of this publication.
Published daemh er o1 ,2006 CITY OF MUSKEGON
By __~~~~~~~------
Linda S. Potter, CMC
Acting City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Commission Meeting Date: November 28, 2006
Date: November 20, 2006
To: Honorable Mayor & City Commission
From: Leisure Services - Lee Slaughter
RE: Leisure Services Master Plan of 2003
amendments.
SUMMARY OF REQUEST:
To adopt the Leisure Services Master Plan of 2003 amendments. The amendments were
completed under the "Action Plan and Assessment" and the "Capital Improvements
Schedule" sections. This is needed in order to apply for the Michigan Natural Resources
Trust Fund (MNRTF) by the application deadline of April1, 2007.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve.
COMMITTEE RECOMMENDATION:
The Leisure Services Board held the public hearing at their regular meeting of November
20, 2006. The Leisure Services Board recommended approval at their special meeting of
November 28, 2006.
Memorandum
To: Mayor and City Commissioners
From: Hope Mitchell (City of Muskegon Planning Department)
Date: 11120/2006
Re: Amendment to the 2003 Leisure Services Master Plan
PROPOSED CHANGES MADE TO THE MASTER PLAN
ACTION PLAN AND ASSESSMENT
P. 53- Action Step II- Change 'install' to 'instill'
P. 54- Action Step Til- Add the word 'in' and remove 'can'
P. 54- Action Step IV- Due to the completion of Kearney Park, the sentence 'The fountains at Root
Park and Kearney Park need to be renovated and put in working order' was revised to read 'The
fountain at Root Park needs to be renovated and put in working order.' The sentence 'The Urry Arch
also needs to be restored.' was eliminated due to the completion of that project.
P. 55- Action Step VI- The sentence 'A master offering's brochure for each Department will be
developed for public distribution' was eliminated due to the fact that a common City-wide booklet
has been created to address that point.
P. 57- Action Step IX- The word 'to' was eliminated from the last sentence of this paragraph.
CAPITAL IMPROVEMENTS SCHEDULE
• Lakeshore Trail (Laketon to Musketawa): The initial amount of the project, $1,800,000 was
changed to $600,000.
• Smith-Ryerson: The initial amount of the project, $2,230,000 was changed to $2,091,500.
• Sheldon Park: The initial funding source Urban Park and Recreation Recovery (UPARR)
was changed to the MNRTF due to the depletion of that grant source.
• Joe Clifford Park: This is an addition to the proposed revised Master Plan.
• All earlier stated years within the Plan were adjusted accordingly.
1
RESOLUTION NO. 2006-96 (a l
MUSKEGON CITY COMMISSION
RESOLUTION ADOPTING THE MUSKEGON LEISURE SERVICES MASTER
PLAN OF 2003 AMENDMENTS
WHEREAS, the City Commission of the City of Muskegon has undertaken a Leisure
Services Plan amendments which describes changes to the Five Year Leisure Services
Plan originally adopted in 2003 and indicates actions to be taken to improve and
maintain recreation facilities during the same five year period, and
WHEREAS, a public comment session was held November 28, 2006 at the Muskegon
City Commission Chambers to provide an opportunity for citizens to express opinions,
ask questions, and discuss all aspects of the Leisure Services Plan amendments, and
WHEREAS, the City Commission of the City of Muskegon has developed the plan for
the benefit of the entire community and to adopt the plan amendments would assist in
meeting the recreation needs of the community, and
WHEREAS, after the public hearing, the City Commission of the City of Muskegon
voted to adopt said Leisure Services Plan amendments.
NOW, THEREFORE BE IT RESOLVED that the City Commission of the City of
Muskegon hereby adopts the City of Muskegon Leisure Services Master Plan 2003
amendments as a guideline for improving the recreation for the residents of the City of
Muskegon.
Adopted this 281h day of November, 2006
Ayes: Wierenga, Carter, Davis, Gawron, Shepherd, Spataro, and Warmington
Nays: None
Excused: None
I, Linda Potter, the City of Muskegon Acting Clerk, do hereby certify that the foregoing
is a true and original copy of a resolution adopted by the City Commission of the City of
Muskegon at a regular meeting thereof held on November 28, 2006.
By:~ !rrlf'M
Linda Potter, Acting City Clerk
INTRODUCTION
In May of 2002, the Leisure Services Board adopted a mission statement and long
range goals to guide the Department in the development of the Citywide Recreation
and Park system. The Mission Statement and Goals as adopted are as follows:
Mission Statement
The City of Muskegon Department of Leisure Services will provide quality programs,
facilities, and parks for the benefit and enjoyment of City residents and guests.
1. Provide recreational facilities and activities, which contribute to family and
neighborhood stability.
2. Provide City parks to enhance and contribute to the urban living environment.
3. Provide accessible, enriching recreational oppmtunities and experiences for all
people.
4. Preserve the natural resources of the City for present and future generations.
5. Practice and promote good stewardship of park:lands.
6. Maximize the use of Muskegon's waterfi·ont for recreational purposes.
7. Develop partnerships to maximize the use of recreational facilities within the
City.
8. Provide for a safe environment for Park users.
9. Preserve and promote the historical and cultural heritage of the City.
10. Promote City Recreational facilities and programs to residents and guests.
These goals form the basis of the Action Plan.
52
ACTION PLAN AND ASSESSMENT il
a
Goal #1. Provide recreational facilities and activities, which contribute to family and a
neighborhood stability.
Many of the City neighborhoods are older with many homes needing repair. The n
City Commission is cunently working to clean up and rehabilitate the inner City
neighborhoods. They have established the elimination of blight as their number
one priority.
The needs of the Family unit need also be addressed. There are too many homes
with only one parent. Many homes have both parents working and children come
home from school to an empty house. Grandparents are raising their ~ I
grandchildren. There are many tough issues facing today' s families. ~t
The issue is how can the Department provide both programs and facilities to
improve the quality of City neighborhoods and improve family stability? s
hi
Action Step 1:
Departmental Staff and Board Members will meet with the various neighborhood
:r
organizations. Each neighborhood has different characteristics, available facilities,
and different needs. The Department will endeavor to work with each neighborhood
providing new programs and/or activities designed to meet neighborhood needs.
Using the resources of the City, the neighborhood and other agencies, facilities,
equipment, money and manpower will be found, which will help build neighborhood
stability.
Action Step IT:
The level of maintenance in neighborhood parks will be improved. A well-maintained
park can make a positive influence on how people view their own neighborhood.
Fertilizer will continue to be used armually to kill weeds and improve the quality of the
turf. All grass areas should have an automatic irtigation system. Trees need to be
better maintained and shrubs need to be pruned armually. Gravel parking lots need to
be paved and sidewalks need to be repaired or replaced. Trees and flowers should be
added where appropriate. All buildings need to be vandal-proofed, repaired, and made y<
accessible. Encouraging neighborhoods to adopt-a-park can lead to a higher level of st
maintenance and inst!lll instill an atmosphere of "ownership" into neighborhood to
residents. k
:f
53
Kmse Park to Duck Lake State Park would be au interesting new facility. Lakeshore
Trail will be completed. The sports complex on the Consumer's Energy Property
needs to be completed. Spray parks should be added to several parks throughout the
City. The reuse, or better use, of the annex at the arena should also be explored. A dirt
bike track should also be provided. These and other new options would enhance the
cmTent recreational offerings and facilities within the community.
Goal #3. Provide accessible, enriching recreational opportunities and experiences for all
people.
While the City does a good job with the current program offerings, the variety and
type of programs simply do not meet the community needs. There are very few
programs for youth or senior citizens and no programs for pre-schoolers, teenagers,
and the handicapped or special populations. Even the fee supported adult programs
can limit participation from those who cannot afford them.
Further, the City needs to look at better ways of letting people know just what is
offered and where. While individual flyers are prepared for each activity, the master
brochure or activity guide is cutTently not easily made available to all people. People
can't participate in programs that they don't know exist.
Facilities also must be accessible to the participants. Not only must the facilities be
barrier free, but also people must be able to get to the facility. Either individual
programs need to be within neighborhoods, or a public transportation system needs to
be in place, which services the facility.
The issue is how can the City provide accessible, em·iching recreational opportunities
for all people who live in or visit the City of Muskegon?
Action Step VI:
The City will establish a recreational marketing program to better infmm residents of
available programs. Staff will continue to work with the media to increase public
infmmation about programs and facilities. The Web page will be upgraded regularly
an.d.theLeisure. S~f\li~esw~bsite added to all information a.ndprogra.Jll brochmes. A!
master.o.ff?!ing'$ pra<:h.z.t~efor.ea.ch.[)egartm¢nHvil/be developedfohpzlblic.
distriliatiort'(wbutifth.is'bethe.·
- - -- ---- ·----
- -- -- '- .•c. . .ity' b.o.ok1et?). The Department will
'Thisisydw
'''
continue to provide individual flyers to be distributed to target markets.
Action Step Vll:
The City shall continue to work with neighborhood groups, special interest groups,
and others to find ways to better service people's recreational needs and to develop
55
new programs to meet these needs. Fnll-service Community Centers need to be
developed to provide indoor facilities to provide flexibility in programming. The
Department will continue to seek altemative funding sources including local, state,
and federal grants. The department will continue to work with local service groups,
the schools systems, local agencies, and other groups and govemmental agencies to
develop new programs, strengthen existing programs, and to better meet the
recreational needs of the community.
Goal #4. Preserve the natural resources of the City for present and future generations.
Muskegon is blessed with an abundance of natural resources. With Muskegon Lake,
Lake Michigan and the many rivers, streams and wetlands, Muskegon is rich in water
resources. The barrier dunes along Lake Michigan are a unigue natural phenomenon.
The beach at Pere Marquette is one of the finest anywhere. With the opening of the
County Wastewater system many years ago, Muskegon took a giant step toward
improving the water quality in Muskegon Lake. Since that time, Muskegon Lake has
become suitable for boating and swimming and the fishing has become one of the best
fresh-water spots anywhere.
Much of what can be done to preserve the natural environment needs to be done
through the Citywide planning process and the zoning ordinances. The City's Master
Land Use Plan identifies many areas in the community as environmentally sensitive
areas and has designated them as OPEN SPACE CONSERVATION. Open Space
Conservation Districts are intended to provide for permanent open spaces in the
community, and the protection of sand dunes and other natural features.
Another classification is OPEN SPACE RECREATION DISTRICTS. These districts
are intended to provide for permanent open spaces in the City and are designed to
provide recreational activities. These districts are further intended to safeguard the
natural features of the City.
While these are areas that have been identified, the issue is what can the City do to
advocate the preservation of these and other natural environmental resources for
present and future generations?
Action Step VTII:
In order to preserve natural environmental resource areas, all lands within the City,
which have sensitive environmental characteristics, will be identified. Once
identified, appropriate zoning should be attached to that property to limit the types of
development allowed on the property. If, as in the case of privately owned land, a
change in zoning is not possible because of current land uses, the City should initiate
policies and procedure which would insure that future development of these properties
56
address environmental concems, or the City should initiate options to purchase the
land. The City will also continue to work with environmental groups to find ways of
improving the environmentally sensitive areas throughout the City.
Goal #5. Practice and promote good stewardship of park lands
One of the problems with any park system is the inappropriate behavior of many park
users. Vandalism is the most common example of this type of behavior. The needless
and senseless destruction of public property costs the City thousands of dollars
annually. Graffiti, broken park equipment and shattered restroom fixtures are the most
frequent problems.
Littering is another common occurrence. While the Bottle Bill has all but eliminated
cans and bottles from the parks, trash is still prevalent in many park areas. Too many
people seem to be unwilling to walk the few extra feet necessary to deposit garbage
into the trash receptacles that are provided throughout the parks system.
Pet owners also create problems for park users and staff, as they do not pick up after
their animals when walking in the City parks. A deposit on water bottles would also
help keep trash down.
The issue is how does the City promote the proper use and care for its park facilities?
Action Step IX:
A major part of promoting good stewardship is accomplished by setting a good
example. This can be done is several ways. First, the City will repair any damage
done immediately. Fewer people will see the damage and more people will see well-
maintained equipment and grounds. Secondly, the City will do a better job of
maintaining the parks. While this was covered earlier under facility maintenance, it
bears repeating here. Thirdly, the City will develop a marketing strategy that would
better educate Community residents on the effects of vandalism and improper ust;of
City facilities. As a last resort, additional park rangers could be added to enforce ta
various laws now in effect.
Residents need to develop an ownership feeling for the system so that they will take
care of their parks just as they would take care of their own homes. New signage
encouraging positive behavior should be developed.
Goal #6. Maximize the use of Muskegon's waterfront for recreational purposes.
While the properties owned by the City along Lake Michigan have been developed
and are being utilized, the properties owned by the City along the Muskegon Lake
lakeshores have been underutilized for years. In recent years, however, recreational
57
development along the shoreline of Muskegon Lake has increased tremendously. Two
new marinas are in the planning stages. The development of the Teledyne property
including a proposed marina will greatly clean up and make available the shores of
Muskegon Lake. The Lakeshore Trail will add significant access to Muskegon Lake.
The City needs to continue to stimulate the recreational development of the lakeshore.
In doing so, the City should also look at providing a variety of options for residents.
Not everyone owns a boat or enjoys lying on the beach. More people will use the
facilities if additional opportunities such as picnic facilities, dune walkways, fishing
piers, paddle boats and Jet Ski rentals, beach equipment rentals, fishing piers, etc. are
developed.
The issue is how can the City provide a broad range of waterfront recreational
activities to attract a wider range of users to waterfront facilities, and get
underdeveloped lakefront property developed for public use?
Action Step X:
The City will seek to develop public/private partnerships to both develop public lands
and to provide additional support facilities and activities on the City's waterfront
properties. Such activities as jet skiing, parasailing, paddleboat rentals, etc. should be
added to the system through concession contracts with private businesses. Further,
management contracts for facilities like Fisherman's Landing, should be explored.
These types of agreements can provide a better way to manage facilities, while
encouraging private development of public properties to the benefit of the whole
community.
The proposed moving of Fisherman's Landing to the Hrutshom Center property also
needs to continue to move forward. The goal of improving facilities for fisherman,
increasing camping opportunities, and providing greater public access to the lake will
help provide additional activities for residents and visitors.
Action Step XI:
The City will also promote and encourage the recreational development of privately
owned lakefront property. Lakefront compauies should be approached to discuss
current uses of the lakefront and how the City can work with them to beautify and
possibly redevelop at least the first 150' of the frontage. New strategies must be
developed that will encourage private owners to improve access to Muskegon Lake
frontage.
58
Goal #7. Develop partnerships to maximize the use of recreational facilities within the City.
Partnerships are an agreement between two or more parties, which benefits all parties.
The key to a successful partnership is dete1mining just what the needs of each of the
partners are and developing an agreement that meets each of those needs.
All too often in the past, communities in urban areas have built facilities or instituted
and run programs to meet the needs of its own residents. Often a duplication of
services has resulted as other communities or agencies have adequately serviced these
residents. In today' s marketplace, it makes more sense to pool resources and run
cooperative programs to best utilize the facilities and services available.
The issue is how can the City develop partnerships to maximize the use of available
recreational facilities in the City for the benefit of the community?
Action Step Xll:
The City will look at areas where facilities are underutilized or programs are not well
attended. Options will be explored as to what can be done to improve and maximize
the use of the facility. Options will include possible partners that could benefit from
the service, or who could help provide some element of the service that would malce
the facility/program more attractive to user groups. Partnerships that will help
improve the quality of service and/or the level of service provided will be sought out
in all areas of the depattment.
Goal #8. To provide for a safe environment for Park users.
For people to utilize public properties on a regular basis they must feel safe and
welcome. Park visitors must not fear for their personal safety or the safety of their
vehicles. People should be able to relax and enjoy their experiences at City of
Muskegon facilities.
The issue is how can the City provide a safe environment for people using City of
Muskegon Leisure Services facilities?
Action Step Xlll:
The City will work with neighborhood associations to evaluate the perceived level of
safety in the parks. The City will expand its current Park Ranger program to include
rangers or supervisors in parks where there is a less than acceptable level of user
safety. Community Police Officers will be involved in programming whenever
possible.
Action Step XIV:
59
The City will continue to evaluate playground equipment and other safety sensitive
areas within the parks system. Playground equipment and other equipment will be
repaired and/or replaced, if deemed to be unsafe. Hazardous areas such as the drop off
areas at Harbour Town beach will be identified and signed appropriately to wam
people of the danger.
Goal #9. To preserve and promote the historical and cultural heritage of the City.
The cultural, social and economic history of the City provides potential economic
opportunities, particularly in the downtown area. Heritage Village and the entire
National Register Histmic District contain a variety of architectural treasures from the
City's past. Cooperation with various historic and civic groups will be instrumental in
the preservation and restoration of parkland of historic value within the downtown and
other areas within the City.
The issue is how can the City preserve and promote its histmical and cultural
heritages?
Action Step XV:
As a focal point of Downtown Muskegon, Hackley Park is the site of many
community events including Summer Celebration and the Parties-in-the·Park. These
and other events attract thousands to this 100+ year old park. The City will work
toward the completion of the historical restoration plan for the park. Additionally,
Muskegon's history and other historic sites will be included in recreational programs
whenever possible. The City will also work with the White Pines group to map the
history of Muskegon on the Lakeshore Trail.
Action Step XVI:
The City will work to encourage and develop other historical/tourist facilities in the
City. While not a part of Muskegon's history, the development of the Great Lakes
Naval Memmial and Museum including the Silverside's Submarine and LST and it's
move to downtown will be supported.
Goal#lO. Promote City recreational facilities and programs to residents and guests
With one of the finest beaches in Michigan, the sand dunes, the Silverside' s and LST,
the many festivals and special events, and the many marina and waterfront facilities,
the City of Muskegon has a variety of facilities and activities that are attractive to
people from everywhere.
The Chamber of Commerce and the Convention and Visitors Burean promote
60
activities and facilities throughout the region. However, their focus is not specific to
the City of Muskegon.
The issue is how can the City of Muskegon promote the City's recreational facilities
and programs to all people?
Action Step XVII:
The City will develop brochures highlighting City tourist or regional facilities such as
the Farmer's Market and for distribution to rest stops, hotels, and other appropriate
locations in conjunction with the Convention and Visitors Bureau and the Chamber of
Commerce.
Action Step XVIII:
The City will review directional signage to public facilities throughout the City and
upgrade and improve the signage to insure easy access for visitors to the City.
EVALUATION AND UPDATING
To ensure public access to the development plan, copies will be made available for
public viewing at the following locations:
I. Department of Leisure Services -Muskegon City Hall
2. Hackley Public library
3. Muskegon Community College Libnuy
The plan itself will be monitored and evaluated on a yearly basis incotporating the
following procedure:
I. Year-end review by Department Staff of the plan and all projects started,
completed or delayed during the past year (Director's Repmt).
2. Presentation of Director's Report to the Board of Leisure Services before a
public hearing (February meeting).
3. Review of the plan by the Board consisting of:
a. Review of projects and programs started, completed, or delayed during
the past year.
b. Public comments.
c. Revisions to plan schedule (if necessmy).
d. Priority revisions (if necessary).
Budgets for the next year's programs and projects are prepared and presented to the
Board in June. Further updating of the implementation plan will be made at this time
to eliminate any deficiencies that may have developed.
61
CAHI'ALIMFROVE\tliNI'&JHUE
-
RANK PROJECT TOTAL SOURCE BUDGET
COST OF FUNDS YEAR
1. lAKESHORE1RAlL
(Laketon to Musketawa) $ 600,000 MNRTF 2007
TOTAL $ 600,000
2 SMITH-RYERSON
Enlarge Parking Area $ 65,000 MNRTF 2007
Irrigation 60,000 MNRTF 2007
Restrooms/Shelter 87,500 MNRTF 2007
Pave BE/tennis courts 89,000 MNRTF 2007
Rebuild football field 150,000 MNRTF 2007
Enlarge Gymnasium 1,600,000 Unknown Future
Nature Trails 40 000 MNRTF Future
TOTAL $2,091,500
3. •.•_. •iJOI~/CLIFFQRDPJ\RJ<H
. Jrrigation ·• ·. _..•.._...••. ·.· .•. . _ ·..·_.· ·• .••.••. .so;ooo MNR.TF
UniversA1Sports Field •·. · 150,000 - MNRTF
-·· R~s!f()om _· · ·too,ooo·· .MNRTF
. TOTAL $ 300,000
4. SHEillON
Sidewalks $ 50,000 MNRTF Future
Irrigation 35,000 MNRTF Future
Playground Equip. Surf. 55,000 MNRTF Future
Pave Parking 50,000 MNRTF Future
Picnic Shelter/Restroom 150,000 MNRTF Future
Basketball Court 35 000 MNRTF Future
TOTAL $ 375,000
5. PEREMARQUETIEPARK
Bike/Walkways $ 400,000 MNRTF Future
TOTAL $ 400,000
6. McCRFA
Playground Equip. $ 50,000 CDBG Future
Picnic Shelter 25 000 CDBG Future
TOTAL $ 75,000
7. REESE
Pave Parking $ 100,000 General Fund Future
Picnic Shelter 20,000 Reese Trust Future
Spray Park 100,000 Donation Future
TOTAL $ 220,000
8. McGRAFT
Pave Parking $ 100,000 General Fund Future
Irrigation 50,000 General Fund Future
New Picnic Shelter 30,000 General Fund Future
Community Building 3,000,000 Unknown Future
TOTAL $3,180,000
9. BEUKEMA
Pave parking $ 40,000 CDBG Future
Picnic Shelter 25,000 CDBG Future
TOTAL $ 65,000
10. KRUSE PARK
Dune Walkways $ 200,000 MNRTF/CZM Future
Campgrounds 350 000 Private Dev. Future
TOTAL $ 550,000
11. HACKLEY PARK
Restore fence $ 25,000 General Fund Future
TOTAL $ 25,000
12 HARTSHORN MARINA
Breakwall $1,500,000 Waterways Future
Shoreline Protection 300,000 Waterways Future
Electrical Improvements 250 000 Waterways Future
TOTAL $2,050,000
13. COMMUNITY CENTER
Park Ave. ~2,800,000 Unknown Future
TOTAL $2,800,000
14. FISHERMAN'S LANDING
Restroom building $ 250,000 MNRTF/Don. Future
Landscaping 50,000 MNRTF/Don. Future
Campgrounds 200,000 MNRTF/Don. Future
New Docks 50000 MNRTF/Don. Future
TOTAL $ 550,000
15. CAUSEWAY-VETERANS PARK
Shoreline protection $ 500.000 Special Millage/ Future
TOTAL $ 500,000 Vets
16. SPORTS COMPLEX
Purchase $ 900,000 MNRTF Future
Phase I $ 800,000 MNRTF Future
Phase II $ 800,000 MNRTF Future
Phase III $ 800,000 MNRTF Future
TOTAL $3,300,000
Total Costs Per Year
2007 $ 2,791,500
Future $15,730,000
TOTAL $18,521,500
RESOLUTION
LEISURE SERVICES BOARD
RESOLUTION RECOMMENDING THE ADOPTION OF THE MUSKEGON
LEISURE SERVICES MASTER PLAN OF 2003 AMENDMENTS
WHEREAS, the Leisure Services Board of the City of Muskegon has undertaken Leisure
Services Plan amendments which describes changes to the Five Year Leisure Services
Plan originally adopted in 2003 and indicates actions to be taken to improve and
maintain recreation facilities during the five year period, and
WHEREAS, a public comment session was held November 20, 2006 at the Leisure
Services Board meeting to provide an oppotiunity for citizens to express opinions, ask
questions, and discuss all aspects of the Leisure Services Plan amendments, and
WHEREAS, the Leisure Services Board of the City of Muskegon has developed the plan
amendments for the benefit of the entire community and to adopt the plan as a document
to assist in meeting the recreation needs of the community, and
WHEREAS, after receiving public comment, the Leisure Services Board of the City of
Muskegon voted to recommend at their special meeting of November 28, 2006, said
Leisure Services Master Plan amendments to the City Commission for adoption.
NOW, THEREFORE BE IT RESOLVED that the Leisure Services Board of the City of
Muskegon hereby recommends the City of Muskegon Leisure Services Master Plan 2003
Amendments as a guideline for improving the recreation for the residents of the City of
Muskegon to the City Commission of the City of Muskegon for approval.
Adopted this 28 1h day of November, 2006
Ayes: Strach, Jensen, Shepherd, Carter
Nays: None
Excused: Roberts, Flowers
'
By: CJvw, ._jeJ'lSl'.r)
Chris Jensen, Chair
Attest: /~ ;fttj~
Linda Potter, Acting City Clerk
I, Linda Potter, the City of Muskegon Acting Clerk, do hereby cetiify that the foregoing
is a true and original copy of a resolution adopted by the Leisure Services Board of the
City of Muskegon at a regular meeting thereof held on November 28, 2006.
By: ~a?/;,'=~'-""<
~£=d'ilt"""'u~~--:-
Linda Pottei·, Acting City Clerk
Commission Meeting Date: November 28, 2006
Date: November 20, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department d!£-
RE: 869 and 875 Marquette Avenue (Property
Exchange)
SUMMARY OF REQUEST:
Kelly Hicks owns the home with an address of 869 Marquette. Unfortunately, her home is
located on the adjacent City owned property at 875 Marquette. The City Attorney and Staff
have worked with Ms. Hicks, her mortgage companies, and the title office to rectify the
situation. The easiest way to rectify this is to exchange legal descriptions through deeds.
The City will provide a Quit Claim deed to Kelly Hicks for the legal description of the property
where her home is located. Ms. Hicks will provide a Warranty Deed to the City for the legal
description of the property her home was supposed to be built. Both of the properties are
the same size and the City would still maintain a buildable lot. (A memo is attached
regarding the history of the problem.)
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
None.
To: Mayor and City Commission
From: Hope Mitchell and John Schrier
Date: November I 7, 2006
Re: 869 Marquette and 875 Marquette
A problem exists concerning 869 Marquette and 875 Marquette. About a year ago, it came to the
attention of the City staff that there is an error in the legal descriptions relating to property
owned by Kelly Hicks. The property is subject to a first mortgage held by Option One Mortgage
and a second mortgage held by American Servicing Company. 1
BACKGROUND
During the 1960's the City acquired the property with the current addresses of 869 Marquette and
875 Marquette. After acquisition by the City, the legal descriptions were changed. Lot 626 is
the legal lot where both 869 Marquette and 875 Marquette are located.
East Yz of Lot 626
In July of 1967, the City acquired the following property:
The East 40 feet of Lot 2 of Block 2 of Ducey's Addition to the City of Muskegon as per
plat of record in the office of the Register of Deeds for said County.
As part ofthe City's Urban Renewal Plan, the property was replatted, and the legal description of
the property changed to:
The East Yz of Lot 626, Muskegon Urban Renewal No. 3, as recorded in Liber 19 of
Plats, Page 16, Muskegon County Records.
The propeiiy is presently owned by the City. Unfortunately, the house Kelly J. Hicks lives in is
located on this property.
West Yz of Lot 626
In October of 1961, the City acquired the following property:
Lot One(!), the West Twenty Six (26) feet of Lot Two (2) and all of Lot Twelve (12) of
Block Two (2) of Ducey's Addition to the City of Muskegon, Muskegon County,
Michigan, according to the recorded plat thereof in the office of the Register of Deeds for
said County.
1
Both Option One Mortgage and American Servicing Company indicate that American Servicing Company is the
holder of the second mortgage. The most recent title history obtained by the City does not reflect a recorded
assigrunent.
C:\Documenls and Seltings\Griffith\Local Settings\Temporary Internet Files\OLKB\066681-To Mayor and Commission backg.DOC
As pa11 of the City's Urban Renewal Plan, the property was replatted, and the legal description
changed to:
The West Yz of Lot 626, Muskegon Urban Renewal No.3, as recorded in Liber 19 of
Plats, Page 16, Muskegon County Records.
The property was then transferred as follows:
1. A Quit Claim Deed was provided by the City of Muskegon to the Muskegon
Housing Commission;
2. A Warranty Deed was provided by the Muskegon Housing Commission to Ali
and Wilma Thomas;
3. Sheriffs Deed on Mortgage Sale was provided to Deutsche Bank National Trust
Company;
4. Covenant Deed was provided by Deutsche Bank Nation Trust Company to Kelly
J. Hicks.
It is upon this legal description that Option One Mortgage took two mortgages, the second
mortgage then being sold to American Servicing Company. Unfortunately, the house that Kelly
J. Hicks lives in and, presumably, the house Option One intended to have mortgages on is not on
this property. This property is a vacant lot.
RECOMMENDATION FOR RESOLUTION
Representatives of the City, Option One, American Servicing Company, Metropolitan Title, and
Kelly Hicks have been discussing how to resolve this issue. The resolution appears to be, and
City staff recommends, as follows:
1) the City will provide a Quit Claim Deed to Kelly J. Hicks for the East Yz of Lot 626;
2) Kelly J. Hicks will provide a Warranty Deed to the City for the West Yz of Lot 626;
3) Option One will revise its mortgages to correct the legal description; and
4) American Servicing Company will revise its mortgages to cmTect the legal description.
Most documents will be executed prior to the closing and will be forwarded to Metropolitan Title
prior to the closing. This arrangement is dependent on Ms. Hicks appearing at a closing at
Metropolitan Title and executing necessary documents.
C:\Documents and Settings\Griffith\Locaf Settings\Temporary Internet Files\OLKB\066681-To Mayor and Commission backg.DOC
869 & 875 Marquette Avenue
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Resolution No. 2006-97 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE EXCHANGE OF LEGAL DESCRIPTIONS FOR THE
PROPERTIES LOCATED AT 869 AND 875 MARQUETTE AVENUE IN MARQUETTE
NEIGHBORHOOD.
WHEREAS, Kelly Hicks owns the home addressed as 869 Marquette (24-612-000-0626-00),
which is located on the legal description for 875 Marquette (24-612-000-0626-10), which is City
owned; and
WHEREAS, both properties are the same size; and
WHEREAS, the exchange would place the home on the proper legal description; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-612-000-0626-10, located at
875 Marquette Avenue be exchanged with parcel number 24-612-000-0626-00, located at 869
Marquette.
869 Marquette
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 W Y2 OF LOT 626
875 Marquette
CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 E Y2 OF LOT 626
Adopted November 28, 2006.
Ayes: Carter, Davis, Gawron, Shepherd, Spataro, Warmington, and Wierenga
Nays: None
Absent: None
Attest:~J.ra I!J!e-11.
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission ofthe City of Muskegon, County ofMuskegon, Michigan at a regular
meeting held on November 28, 2006.
By: c:i0n ;JZo, /&:t;f;&
Linda Potter, Acting City Clerk
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, Ml49440,
QUIT CLAIMS TO: KELLY J. HICKS, a single woman, of 869 Marquette Avenue, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State ofMichigan, to wit:
THE EAST Y, OF LOT 626, MUSKEGON URBAN RENEWAL NO. 3, AS RECORDED IN LIBER 19
OF PLATS, PAGE 16, MUSKEGON COUNTY RECORDS.
for the sum of One and no/! 00 Dollars ($1.00).
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCL 207.505 (a) and (h)(i) and
MCL 207.526 (a) and (h)(i).
Dated this ___:L day of ~c.""""\w.--2006
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ,.S_ day of~~~ 2006, by Stephen J.
Warmington and Linda S. Potter, Mayor and Acting Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalf of the City. \,.,. }<, \4w~t
-s:~brvi<;;;;J<; ,Notary Public
Muskegon County, Michigan
My commission expires: (9 '> -1 '5, 2.1 b 1d._
PREPARED BY: Acting in Muskegon County, Michigan
John C. Schrier
Parmenter O'Toole
601 Terrace St., P. 0. Box 786
Muskegon,MI49443-0786
Telephone: 231.722.1621
SEND SUBSEQUENT TAX BILLS TO: Grantee
WHEN RECORDED RETURN TO: Grantee
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Replacement of Copiers/Document Printing Contract
SUMMARY OF REQUEST: As described more fully in the attached memo, staff is
recommending that the City enter into a five-year agreement with CEC for replacement and
maintenance of all City copy machines, print devices and fax machines. CEC was the
successful bidder for the Muskegon County copier contract and we will be piggybacking onto
the County contract. Also, CEC has had the City's contract for the last twelve years and we
have had a very satisfactory and successful relationship with the company.
FINANCIAL IMPACT: We conseNafively estimate our current cost per page (including
copies, printing, faxes) to be $0.0449. Under the new contract we will pay $0.0398 per page,
a savings of 11.4%, or $62,000 over the life of the contract. Significant other savings will
come from the fact that IT staff will no longer be responsible for analyzing/repairing problem
printers or fax machines and from the widespread deployment of more efficient technologies
(such as scan to e-mail and greater in-house printing/publishing capabilities).
BUDGET ACTION REQUIRED: None. Funds are budgeted for these costs.
STAFF RECOMMENDATION: Approval of 5-year cost-per-page contract with CEC.
COMMITTEE RECOMMENDATION: None.
Finance
Administration
Memo
To: City Commission
From: Finance Director
Date: November 22, 2006
Re: Replacement of Copiers
It is again lime to replace the city's copy machine fleet. For the last twelve years, the city has
awarded a series of four-year contracts for copiers and related maintenance to a single
vendor. This has assured standardization of equipment as well as city-wide, volume-based
pricing on both equipment and service. Comme rcial Equipment Company (CEC) has won
the City's bid three consecutive times. (Prior to this we had multiple vendors servicing
different departments under widely disparate terms.)
This time staff proposes a different approach:
1. in lieu of bidding copier equipment ourselves, we recommend piggybacking on the
Muskegon County contract which was awarded to CEC earlier this year; and
2. in lieu of replacing just copy machines, we recommend expanding the scope of the
contract to include all copy, printing, scanning and fax devices. (This is also a
component of the County contract.)
The first item is consistent with our goal of improving intergovernmental cooperation and will
save rnany City staff hours. CEC has done a ve ry good job for us over the past twelve years
and maintains a local office in the City (1050 West Western Avenue).
Staff believes the second item - expanding the contract scope - will result in significant
operational efficiencies:
1. Volume pricing on supplies - toner and other supplies for non-copier devices is
currently purchased on a piecemeal basis by individual departments. The proposed
contract incorporates supplies (other than paper) into a standard cost per page based
on city-wide volumes.
0:\FINANCEIPAUL\MyDocumenls\AGENDA ITEM 2006 Coplers.doc
2. Staff time - currently, we have more than 70 non-copy machine devices scattered
throughout the City. When something goes wrong with one of these devices,
IT/DPW staff is typically dispatched to assess the problem, make necessary repairs
or procure a replacement. Under the proposed contract, these functions become the
responsibility of CEC, allowing IT/DPW staff to focus on other matters.
3. Better technology - the new copiers have many features that will improve
productivity. For example, the ability to scan then e-mail documents (as opposed to
printing then faxing) will be more widely avail able to employees. Similarly, many print
jobs now outsourced will be able to be done cost-effectively in-house, including color
printing.
4. Elimination of some equipment - with expanded capabilities of the new copiers, many
of the standalone devices can be eliminated. We presently believe the total number
of devices can be reduced from 94 to 47, although this figure may be adjusted.
5. Known controllable costs - recently CEC staff conducted a city-wide inventory of both
copier and non-copier devices and the monthly usage for each. Prior to this, we did
not have a good handle on the number of non-copier devices nor their true costs.
Based on CEC's survey and discussions with City staff we conservatively estimate
total current costs (equipment, toner/other non-paper supplies, maintenance, etc.) to
be $0.0449 per page based on our volumes. The proposed contract will guarantee a
rate of $0.0398 for five years.
Current Proposed Rate- 5 Years
Monthly Volume 204,166 204,166
Cost Per Page $0.0449 $0.0398
Total Annual Cost $110,005 $97,510
The actual charge to departments Will be less because over the last four years we
have buill up a reserve of about $88,000 in anticipation of replacing copy machines.
Additionally, under the current contract, CEC agrees to buy back our equipment at
the end of the four years for 20% of the original purchase cost. This amounts to
$24,000. The total $112,000 will be rebated to departments by lowering the per page
rate charged.
Please let me know if you have any questions regarding this matter.
Thank you.
• Page2
I APN.ICATION NUMBER ~CTNVMSER !
Cost Per C!Jpy Agreement L____._______ j
1310 Madrid Street, Suite 101 • Marshall, MN 56258 •Phone: (BOOI 328!i$3Z1 • Fax: (BOO) 328'-9092
This docvrnent Is wdlten ln ''Pfaln English". The words you and your refer to the customer, The words OWner•. we. us arid our !efer to U.S, Bank
Business EqUJpment Finaneo Group. Every auempt has been.n'!ade..to eHminata confuslng language_ and qeate_1l$imp!e,.easy~to·read document
CUSTOMER INFORMATION
crrv !HATE
CHY
SUPPLIER INFORMATION
====-------== ;;;;;;;;;;===--------------------------
CITY srAre
EQUIPMENT WITH CONSOLIDATED MINIMUMS
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TERM AND PAYMENT-SCHEDULE
MJmber of Montft,o;. S~murlty 0.J)<>Sil $
TfliS IS A NONCANCELABLE /IRREVOCABLE AGREEMENT, THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED.
OWNER ACCEPTANCE
CUSTOMER ACCEPTANCE
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21244-0313112006
Commission Meeting Date: November 28, 2006
Date: November 16, 2006
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cfOc
RE: Tool & Die Recovery Zone Status for Aero Foil
International, Inc
SUMMARY OF REQUEST: To approve the attached Development Agreement and
Resolution establishing a Tool & Die Recovery Zone for Aero Foil International, Inc.,
which is moving from 1839 Sixth Street to 1920 Port City Boulevard. The
Commission previously passed a resolution supporting a Tool and Die recovery Zone
for Aerofoil for it's Sixth Street address. Due to environmental contamination it is
necessary for the company to move.
FINANCIAL IMPACT: The City will forgo approximately $415,017 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.
2006-97(c)
Resolution to Request a Renaissance Recovety 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, cettain industries in the state are facing difficult times and the tool and die
industty, in patticular, has sustained losses due to torei!,'Tl 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 approptiate Notth Ametican industtial classification, and;
WHEREAS, the qualified tool and die business propetty is property leased or owned by a tool
and die business and used ptimatily for tool and die operations;
WHEREAS, should the area be designated a Renaissance Recovery Zone, property within that
zone will be exempt fi·om taxes levied by the city, county, and other units of government 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 desi!,>nation of a Renaissance Recovery
Zone will bting the community.
THEREFORE BE IT RESOL YEO, that the City of Muskegon requests that the State of
Michigan desi!,>nate Aero Foil Intemational, Inc., 1920 Port City Blvd., Muskegon, MI 49442,
Propct1y 10 # 24-691-000-0005-00 , identified by the resolution a Renaissance Recovery
Zone under Public Act 376 of 1996 for a duration of 12 years.
Adopted this 281h day ofNovember 2006.
Ayes: Gawron, Shepherd, Spataro, Warmington, Wierenga, Carter, and Davis
Nays: None
Absent: None
ATTEST: ~ /1ttza,
Linda Potter, Acting City Clerk
CERTIFICATION
I hereby cettify that the foregoing constitutes a hue and complete copy of a resolution adopted
by the Muskegon City Commission, County of Muskegon, Michigan at a regular meeting held
on November 28, 2006.
Linda Potter, Acting City Clerk
2006-97(c)
DEVELOPMENT AGREEMENT
CITY O£JVIU~$KEGON TOOL AND DIE RENAISSANCE RECOVERY ZONE
THIS IS AN AGREEMENT between the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49443 ("City") and Aero Foil International a Tool & Di~
Manufacturing company located at 1920 Port City Blvd, 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. DOCI)M_E;NTS ATIACHED. 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. C_QMPANY 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 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 Egii\Jf<Ol. 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 Faj]lJfe.. tQ.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.
5.3 Failure to Maintain the CtJrrent 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 CQillll<JIJV.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 J.'Lolat)ons. 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 Considerationsj0r 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.
6. GoverniD9J_aw. 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. Counterpart.§. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the
same Agreement.
8. !Jgnefits. 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.
Linda Potter, Acting City Clerk
Dated: llecc m bee f' , 2006
Aero Foil International
BY----------------------
Stephen Kutches
Its President
and __________________________
Its - - - - - - - - - - - - - - - - -
Dated:-------------· 2006
Abah'd Taxes - Aerofoil
Year Abated taxes - Real property Abated taxes - Personal property
2008 $12,216 $18,526
2009 $12,216 $18,526
2010 $12,216 $18,526
2011 $12,216 $18,526
2012 $12,216 $18,526
2013 $12,216 $18,526
2014 $12,216 $18,526
2015 $12,216 $18,526
2016 $12,216 $18,526
2017 $12,216 $18,526
2018 $12,216 $18,526
2019 $12,216 $18,526
2020 $9,162 $13,895
2021 $6,108 $9,263
2022 $3,054 $4,632
I Total Abated
Taxes $164,916 $250,101 $415,0171
Commission Meeting Date: November 28, 2006
Date: November 171 2006
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentcJ3L.
RE: Request for Final Planned Unit Development approval for a
Residential Development near Sherman Boulevard and
Barclay Street
SUMMARY OF REQUEST:
The request for Final Planned Unit Development (PUD) approval for a mixed use
commercial and residential development for the southerly portion of 1266 W. Sherman
Boulevard, the northerly portion of 1228 W. Sherman, a portion of 1254 W. Sherman
and a portion of 2495 Barclay Street. The request is by Hazel Churchley, Exit Your
Way, 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 final PUD, with the conditions
listed on the attached resolution, at their November 16, 2006 meeting. The vote was
approved by unanimous vote, with B. Smith absent.
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-44 Sherman & Barclay Final PUD-ll-06.doc
1
CITY OF MUSKEGON
RESOLUTION #2006- 97( d)
RESOLUTION FOR FINAL PLANNED UNIT DEVELOPMENT APPROVAL FOR
THE SOUTHERLY PORTION OF 1266 W SHERMAN BOULEYARD, THE NORTHERLY
PORTION OF 1228 W SHERMAN, A PORTION OF 1254 W SHERMAN AND A PORTION
OF 2495 BARCLAY STREET.
WHEREAS, a petition for a planned unit development was received from Hazel Churchley, Exit
Your Way, LLC; and,
WHEREAS, a planned unit development will allow a mixed use commercial and residential
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. No trees be removed from the site without Zoning Administrator permission.
2. All DEQ permits be obtained before construction begins.
3. The Arborvitae screening along the westerly property line be extended to the south
to include screening of the cul-de-sac..
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 28th day of November, 2006
Ayes: Shepherd, Spataro, Warmington, Wierenga, Carter, Davis, Gawron
Nays: None
Absent: None
Attest: ~ ~~ ~
Linda S. Potter , CMC
Acting City Clerk
CERTIFICATE (Final PUD Shennan and Barclay.)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby ce1tify that the foregoing is a ttue and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 281h day ofNovember, 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.
I , 20o6.
Linda S. Potter, CMC
Acting City Clerk, City of Muskegon
0:\Pianning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Casc 200644 Sherman & Barclay Final PUD-I I-{)6.doc
Staff Report [EXERPT]
CITY OF MUSKEGON
PLANNJNG COMMISSION
REGULAR MEETING
November 16,2006
Hearing; Case 2006-44: Request for fmal Planned Unit Development approval for a mixed use
commercial and residential development for the southerly portion of 1266 W. Shennan
Boulevard, the Northerly portion of 1228 W. Shennan, a portion of 1254 W. Shennan, and a
portion of2495 Barclay Street, by Hazel Chnrchley, Exit Your Way, LLC. -Referred back by
City Commission for revisions to site plan.
BACKGROUND
Applicant: Hazel Churchley, Exit Your Way, LLC
Property Address/Location: Portions of 1266, 1254, 1228 W. Shennan Boulevard
and a portion of 2495 Barclay Street
Request: Final Planned Unit Development (PUD)
Present Land Use: Vacant
Zoning: R-1, One Family Residential and B-4, General
Business
STAFF OBSERVATIONS
l. The applicant received approval of the Preliminary and Final PUD for this property at the
August Planning Commission meeting.
2. When this request was about to be heard at the City Commission meeting, the developer asked
to have time to revise the site plan and resubmit it to the Planning Commission for further
review. They realized there were concerns from the public that needed to be addressed, as
well as the concerns from the MDEQ. Therefore, the City Commission voted to send the
request back to Planning Commission.
3. The portion of the property along Barclay Street is zoned B-4, General Business. The
remainder of the site is zoned R-1, One Family Residential.
4. The site is approximately 7 acres of property that is proposed to be developed as 20 residential
units constructed as duplexes and one single unit model home. The homes will have
basements; some of them along the slope to Ruddiman Creek will have walk-out basements.
5. Properties to the north and west are zoned R-1, the properties to the east are zoned RT, Two
Family Residential, and B-4. The properties to the south are also zoned B-4.
6. The site is rather wooded, with a clearing toward the rear along the creek. There is presently
an access road off ofBarclay Street that was used dnring the recent clean-up ofRuddiman
Creek.
7. After key staff met with the developers and architect, some elements were changed and the
site plan was revised to amend several concerns (see 10/26/06letter from Westshore
Consulting included with this packet). Key elements that were addressed are as follows:
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Case 2006-44 Shc1man & Barclay Final PUD-ll-06.doc
a. A landscape plan was submitted and is acceptable to the Planning Department.
b. The buildings have been reconfigured somewhat on the site for a couple of reasons.
The space between units 10 and 12 is now approximately 22 feet to accommodate
the City's Water/Sewer Departments equipment in maintaining the sanitary sewer
drain over the edge of the bank. Each of the buildings were also staggered
somewhat to give a more residential neighborhood feel, rather than appearing like
row houses.
c. All of the previous site plan concerns have been corrected.
8. The Fire Department had their site plan concerns corrected on the site plan.
9. DPW had their concerns addressed, and approved the new site plan.
10. Engineering's comments are as follows:
a. The developers "need a permit from the DEQ for storm water outlet and permit from
the County for soil erosion control".
11. No comments have been received by staff at the time of this staff report.
City of Muskegon
Planning Commission
Case# 2006-44
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•m~J Re>ldonlial
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0:\Planning\COMMON\Zoning\City Commission ltcms\PUDs\2006 PUDs\Case 2006-44 Shennan & Barclay Final PUD-ll-06.doc
Rear of the Sherman Boulevard property near Ruddiman Creek.
View looking north from Van's Car Wash. Property located on Barclay Street.
STAFF RECOMMENDATION
Staff recommends approval of the request for a final PUD for portions of 1266, 1254, & 1228 W.
Sherman Boulevard and 2495 Barclay Street.
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. 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.
0:\Pianning\COMMON\Zoning\City Conunission ltems\PUDs\2006 PUDs\Case 2006-44 Sherman & Barclay Final PUD-11-06.doc
3. Adequate water aud sewer infrastructure exists or will be constructed to service the
activity.
4. The proposed site plan complies with section 233lofthe ordinance aud has:
a. proper ingress aud egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire aud police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenauce services
g. preserves property values to related or adjoining properties.
MOTION FOR CONSIDERATION
I move that the final PUD for a mixed-use residential aud commercial development on the
southerly portion of 1266 W. Shermau Boulevard, the northerly portion of 1228 W. Shermau
Boulevard, aud a portion of 1254 W. Shermau Boulevard along with a portion of2495 Barclay
Street be recommended for (approval/denial) to the City Connnission pursuaut to the
determination of (compliance/lack of compliauce) with the intent of the City Zoning Ordinauce
aud City Master Laud Use Piau, with the following condition:
1. No trees be removed from the site without Zoning Administrator pennission.
2. All DEQ permits be obtained.
0:\Planning\COMMON\Zoning\City Commission Items\PUDs\2006 PUDs\Casc 200644 Shemmn & Barclay Final PUD-11-0G.doc
Date: November 28, 2006
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MOOT Agreement for:
Western Ave. Landscaping between
Third & Terrace
SUMMARY OF REQUEST:
To approve the attached contract & resolution with MOOT for the Jobs Today funds
for the construction of decorative concrete, streets lights & roundabout along
Western Ave. between Third & Terrace. This contract outlines the terms and
conditions under which the state made funds available to the City to offset the local
match of the federal funds used to construct the aforementioned items.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the attached contract and resolution and authorize the mayor & clerk to sign
both.
COMMITTEE RECOMMENDATION:
RESOLUTION 2006-97(e)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
STREETSCAPING WORK ALONG WESTERN AVENUE FROM THIRD TO TERRACE
(CONSTRUCTION OF A ROUNDABOUT & DECORATIVE SIDEWALKS AND STREETS LIGHTS
PURCHASE AND INSTALLATION) TOGETHER WITH OTHER NECESSARY RELATED WORK
AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND ACTING CITY CLERK
LINDA POTIER TO EXECUTE SAID CONTRACT
Moved by Commissioner Shepherd and supported by
Commissioner_C=a=r=-=t=e=r_ _ _ _ _ _ _that the following Resolution be adopted :
WHEREAS, entry by the City of Muskegon into Contract no. 06-5533 between the Michigan
Department of Transportation and the City of Muskegon for the STREETSCAPING WORK ALONG
WESTERN AVENUE FROM THIRD TO TERRACE within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 06-5533 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 2a!h day of November , 2006.
ATIEST ~ Rd. ~
Linda S. Potter, Acting City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
November 28 , 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 City Clerk
CAB
AMENDMENT TO CONTRACT 06-5195 Control Section HPSL61407
Job Number 87289
Project HPSL 0661(016)
Federal Item No. RR5086
CFDANo. 20.205 (Highway
Research Planning &
Construction)
Contract No. 06-5533
THIS AMENDATORY CONTRACT is made and entered into this date of
DFC 11 200o , by and between the MICHIGAN DEPARTMENT OF
TRANSPORTATION, hereinafter referred to as the "DEPARTMENT"; and the CITY OF
MUSKEGON, a Michigan municipal corporation, hereinafter referred to as the'REQUESTING
PARTY'; for the purpose of fixing the rights and obligations of the parties in agreeing to this
Amendment to CONTRACT #06-5195.
WITNESSETH:
WHEREAS, the parties to the Amendment have heretofore, by a Contract dated June 6,
2006, hereinafter referred to as "CONTRACT 06-5195" provided for the construction and
financing of that which is hereinafter referred to as the "PROJECT" and is described as follows:
Streetscaping work along Western Avenue from Third Street to Terrace Street; and all
together with necessary related work.
WHEREAS, the PROJECT has been approved for financing in part with State
Local Jobs Today Program Funds; and
WHEREAS, the DEPARTMENT and the REQUESTING PARTY having appropriate
authority desire to amend CONTRACT 06-5195 to provide for State Local Jobs Today Funds to
be applied to the eligible items of the PROJECT COST.
NOW, THEREFORE, it is hereby agreed by and between the parties hereto that:
1. Section 5 of CONTRACT 06-5195 is revised to read as follows:
5. The PROJECT COST shall be met in part by contributions from the
Federal High Priority Project Program-SAFETEA LU and the State Local Jobs Today
Program.
2/4/87 amend.for 10111/06 1
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), Subtitle G - High Priority Projects, authorizes High Priority
Project funding and establishes the maximum amount of funding for the PROJECT and
associated phases under SAFETEA-LU Number 320 to be $2,320,000. It is understood
that this amount may be subject to obligational authority limitation and after applying
that estimated limitation only $1,983,600 may be available for the PROJECT and
associated phases. It is further understood that according to SAFETEA-LU, funds for the
PROJECT and associated phases are to be allocated over a period of 5 years.
Federal High Priority Project- SAFETEA LU Funds shall be applied to the
eligible items of the PROJECT COST at the established Federal participation ratio equal
to 80 percent up to an amount not to exceed $960,000. In accordance with the above, the
current available Federal High Priority Project-SAFETEA LU Funds for this PROJECT
are established to be $796,803, consisting of allocations for fiscal years 2005 and 2006.
State Local Jobs Today Grant Funds shall be applied to the eligible items of the
PROJECT COST at a participation ratio equal to 20 percent up to an amount not to
exceed $240,000. The balance of the PROJECT COST, after deduction of Federal Funds
and State Funds, shall be paid by the REQUESTING PARTY. The PROJECT COST and
the cost participation are estimated to be as follows:
Federal High Federal High State REQUESTING
Priority Project- Priority Project- Local Jobs PARTY'S
SAFETEALU SAFETEA LU Funds Today SHARE
ESTIMATED Funds (Current (Advance Construction) Grant (Future
COST Fiscal Year) Future Fiscal Year Funds Fiscal Year)
Contracted Work $ 930,000 $744,000 $ -0- $186,000 $-0-
Force Account Work $ 170,000 $ 52,803 $ 83,197 $ 34,000 $-0-
Construction Eng &
Inspection $ 95,000 $ -0- $ 76,000 $ 19,000 $-0-
Total $1,195,000 $796,803 $159,197 $239,000 $-0-
Contingent upon availability of Federal Funds and Federal approval, Federal High
Priority Project-SAFETEA LU Funds, for future fiscal years, may be applied to the cost
incurred as advance construction, in an amount such that the Federal Funds equal a
participation ratio of 80 percent, subject to the obligational authority limit for the Federal
High Priority Project-SAFETEA LU Funds for this PROJECT.
Upon completion and final accounting of this PROJECT and associated phases
under SAFETEA-LU Number 320, Federal High Priority Project-SAFETEA LU Funds
may be adjusted among all phases such that the total Federal High Priority- SAFETEA
LU Funds does not exceed $2,230,000 subject to the obligational authority limit.
2/4/87 amend. for 10/11/06
2
Any items of PROJECT COST not reimbursed by Federal Funds or State Funds
shall be the sole responsibility ofthe REQUESTING PARTY.
2. Except as amended by the provisions herein, all of the provisions, covenants, and
obligations of the parties contained in CONTRACT 06-5195 shall remain in full force and effect.
3. The REQUESTING PARTY waives any and all claims it has or may have against
the DEPARTMENT which arise out of the need to amend CONTRACT 06-5195.
2/4/87 amend.for 10/11/06
3
4. This Amendatory contract shall become binding on the parties hereto and of full
force and effect upon the signing thereof by the duly authorized officials for the parties hereto;
upon the adoption of the necessary resolution approving said contract and authorizing the
signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of
which resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
By~ &1hz_
Title: Acting City Clerk
2/4/87 amend. for 10/11106
4
West Michigan's Shoreline City
www.shorelineclty.com
DATE: November 21, 2006
TO: Honorable Mayor and City Commissioners
FROM: Leisure Services Board thru
Assistant Manager, Lee Slaughter
RE: Christmas in Hacldey Park by Fun Inc.
SUMMARY OF REQUEST: Family Christmas in Hackley Park has been a community
tradition in Hackley Park for over 15 years.
At their November 20th meeting, the Leisure Services Board recommended that the
application fee for Fun Inc. be waived for the 2006 event and all future Hackley Park
Christmas events hosted by Fun Inc. This event is a grandfathered event.
FINANCIAL IMPACT: $50.00 per year (Special Event Application Fee)
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff approves this request
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: November 21, 2006
RE: East Muskegon Little League Tag Sale Request
SUMMARY OF REQUEST:
East Muskegon Little League is requesting to hold a fund raiser tag sale using City streets.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To deny the request as it is contrary to the City's Special Events Policy.
COMMITTEE RECOMMENDATION:
None.
pb/0/AGENDA- E MUSK LTL LEAG TAG SALE 112106
November 13,2006:
City Manager:
Bryon Mazade:
East Muskegon Little League is requesting that they be
included on the agenda for the November 28'h 2006 City Commission
meeting.
We would like to discuss a nmd raiser tag sale. We will have
two representative's attend the commission meeting.
Please reply.
Th~ou· Q
\~ i;~~"' ~'"v~"v ~.·
R rr:-.
RalphB~
1275 Emerson Avenue NOV 1. 4 2005
Muskegon, Michigan 49442 MUSKEG<..Jii
CITY MANAGER'S OFFiCE
231-773-5292
. F
r.· !=" l\1 !=' Q
R ... \.I ' . . .. -·
November 2, 2006: NOV 0 3 2006
,\tUSK.t.G(·;~
City Manager: CITY N\ANAGER S Of fl,: E
Brian Mazade:
Dear Sir:
I represent the East Muskegon Little League youth softball and
baseball program. Last season we had over 200 youth participate.
We use Sheldon Park and Reese Park for our program.
We are continuing to have finical difficulties, unable to get enough
team sponsors and donations. We do charge a player fee, but do not
hun any child away if they can not pay. In prior years we did receive a
grant from Leisure Service, but that has been eliminated.
We have tried many different fund raising projects. One suggestion
was to have a one day tag sale. We would only be in the East Muskegon
area and have plenty of supervision.
Who do we have to talk to in regards to this sale? We would
appreciate any help we could get.
~.h.ank Y~\)
((c&r-- ~~\/
Ralph Burr
1275 Emerson Avenue
Muskegon, Mi. 49442
231-773-5292
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• SUSAN TOMPOR: FREE PRESS STAFF WRITER
Thi s financial fix can
B Re
work, if the cas h is. The impact of the voter-approved ban on affirmative action programs could
SQent w isely depend on how the state's public universities and governments that employ
those programs decide to respond .
Two attorneys from a prominent Detroit law firm, who have analyzed the
potential impact of the passage of Proposal 2 on Nov. 7, told a panel
Tuesday that the impact on programs in California and Washington state
was vastly different, in large part because the leaders of those states took
different tacks.
In the run-up to the vote in Michigan, most assessments of the proposal's
potential impact drew upon the experiences in California, which approved a
similar measure in 1996.
In California, after the 1996 passage of Proposition 209, then-Gov. Pete
Wilson acted to dismantle that state's affirmative action programs in public
employment, public education and public contracting.
But in Washington state, there was a mixed approach after the 1998
approval of State Initiative 200 . The University of Washington immediately
scrapped its affirmative action programs in admissions. The state ended a
program that gave preferences in state employment to women and racial
and ethnic minorities.
But recruiting and outreach programs remained in place and there have
been no lawsuits against state and local government hiring practices
alleging those methods violate the affirmative action ban.
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