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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 23, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. FIRST READING - Amendment to the City Code of Ordinances
Regarding Sale of Impounded Vehicles. PUBLIC SAFETY
C. FIRST READING - Rezoning Request for Property located at 137 & 109 E.
laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
D. FIRST READING - Zoning Ordinance Amendment for Exempt Signs.
PLANNING & ECONOMIC DEVELOPMENT
E. FIRST READING -Zoning Ordinance Amendment for Corner Clearance.
PLANNING & ECONOMIC DEVELOPMENT
F. Approval of Bid Acceptance for Surplus Surveillance Equipment.
PLANNING & ECONOMIC DEVELOPMENT
G. Revocation of a Neighborhood Enterprise Zone Certificate for 436
Catawba Avenue. PLANNING & ECONOMIC DEVELOPMENT
H. Revocation of a Neighborhood Enterprise Zone Certificate for 186
Mason. PLANNING & ECONOMIC DEVELOPMENT
I. Revocation of a Neighborhood Enterprise Zone Certificate for 1252
Adams Avenue. PLANNING & ECONOMIC DEVELOPMENT
o PUBLIC HEARINGS:
A. Review 2004-2005 Consolidated Annual Performance Evaluation
Report. COMMUNITY AND NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish -1538 Hudson. PUBLIC SAFETY
o NEW BUSINESS:
A. County Wastewater Bond Contract. CITY MANAGER
B. Designation of Voting Delegates for Michigan Municipal League
Conference. CITY CLERK
C. Exterior Vehicle Cleaning. PUBLIC SAFETY
D. Purchase of Replacement Body Armor. PUBLIC SAFETY
E. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
F. Approval of Sale of City Owned Home at 253 Walton. COMMUNITY
AND NEIGHBORHOOD SERVICES
G. Approval of Sale of City Owned Home at 259 Walton. COMMUNITY
AND NEIGHBORHOOD SERVICES
H. County I City Community Development Block Grant Agreement. CITY
MANAGER
I. Award Infrastructure Contract for Western Avenue. 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 ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: August 23, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes for the July 281h Special
Commission Meeting, the August 8th Commission Worksession, and the
August gth Regular Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 23, 2005
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 5:33 p.m., Tuesday, August 23,
2005.
Mayor Warmington opened the meeting with a prayer from Reverend Nona
Kratochvil from Harbor Unitarian Universalist Congregation after which the
Commission and public recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
2005-77 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY-OF REQUEST: To approve minutes for the July 28th Special Commission
Meeting, the August gth Commission Worksession, and the August 9th Regular
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. FIRST READING - Amendment to the City Code of Ordinances
Regarding Sale of Impounded Vehicles. PUBLIC SAFETY
SUMMARY OF REQUEST: Police Department staff is requesting the Commission
amend City Ordinance 46-33 which regulates the sale of impounded vehicles.
Language in the current ordinance mandates that we notify the owner in writing
and that the notice be "delivered in person or sent by registered mail. .. " We ask
that the language be amended to read "delivered in person or sent by first-
class mail. .. " This new proposed language is the same as state law.
FINANCIAL IMPACT: Reduction in the cost of mailings.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
C. FIRST READING- Rezoning Request for Property Located at 137 & 109 E.
Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property located at 137 and 109
E. Laketon Avenue, from R-1, One Family Residential to B-2, Convenience and
Comparison Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their August 1Oth meeting. The vote was unanimous
with B. Mazade absent.
E. FIRST READING - Zoning Ordinance Amendment for Corner Clearance.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens and Lighting, # 16.) of Article XXIII (General Provisions) to add
corner clearance requirements for driveways.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to amend the "Landscaping, Fencing, Walls, Screens and Lighting",
(# 16), language to add corner clearance requirements for driveways.
COMMITIEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their August 11th meeting. The vote was
unanimous in favor of the amendment, with B. Mazade absent.
F. Approval of Bid Acceptance for Surplus Surveillance Equipment.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The Planning Department has requested bids to sell off
surplus surveillance equipment. The piece of equipment is the Pelco brand DX
2000 Series Digital Video Recorder that was used sparingly because the City's
surveillance needs have changed. In an attempt to cover the potential costs of
buying new equipment to better suit our current needs, bids were requested on
the used equipment. The request of the Commission is to approve the highest
bid on the digital video recorder.
FINANCIAL IMPACT: The initial purchase cost of the unit was $2,489 plus shipping.
The highest bid received was $2,512. That money would be used to purchase
new surveillance equipment.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Two bids were received: Pulaski Lodge in the
amount of $2,512 and WMKG in the amount of $207.39. Staff recommends that
the Commission accept Pulaski Lodge's bid of $2,512 on the City's digital video
recorder.
I. Revocation of a Neighborhood Enterprise Zone Certificate for 1252
Adams Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Annie Brown and Daryl Jefferson are in violation of
Section 207.781 sec. 11 subsection (4). They have failed to pay 2003 taxes for
the property located at 1252 Adams Avenue. Approval or denial by the City
Commission is required and must be forwarded to the State Tax Commission.
Staff sent the owners a letter and a copy of the past due tax bill on June 30,
2005, giving them until July 31, 2005, to pay the taxes. They remain unpaid.
FINANCIAL IMPACT: The property will no longer be able to take advantage of
the certificate number 99-001 which allowed taxation at 50% of the State
average for a stated number of years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve revocation of the Neighborhood Enterprise
Zone certificate and have the Mayor and City Clerk sign the resolution and
submit it to the State Tax Commission.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
Consent Agenda as read with the exception of items D, G, and H.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2005-78 ITEMS REMOVED FROM THE CONSENT AGENDA:
D. FIRST READING - Zoning Ordinance Amendment for Exempt Signs.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334 (Signs, #5.) of Article
XXIII (General Provisions) to amend the sign ordinance language to allow one
additional flag per premise.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the
Zoning Ordinance to amend the sign ordinance language regarding "Exempt
Signs".
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the amendment at their August 11th meeting. The vote was
unanimous in favor of the amendment with B. Mazade absent.
Motion by Commissioner Carter, second by Commissioner Gawron to approve
the amendment of the Zoning Ordinance for "Exempt Signs".
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
G. Revocation of a Neighborhood Enterprise Zone Certificate for 436
Catawba Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Charles and Inez Johnson are in violation of Section
207.781 sec. 11 subsection (4). They have failed to pay 2000, 2001, 2002, 2003,
and 2004 taxes for the property located at 436 Catawba Avenue. Approval or
denial by the City Commission is required and must be forwarded to the State
Tax Commission. Staff sent the owners a letter and a copy of the past due tax
bill on June 30, 2005, giving them until July 31, 2005, to pay the taxes. They
remain unpaid.
FINANCIAL IMPACT: The property will no longer be able to take advantage of
the certificate number 94-064 which allowed taxation at 50% of the State
average for a stated number of years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve revocation of the Neighborhood Enterprise
Zone certificate and have the Mayor and City Clerk sign the resolution and
submit it to the State Tax Commission.
H. Revocation of a Neighborhood Enterprise Zone Certificate for 186
Mason. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: DLJ Mortgage Capital REO, LLC, is in violation of Section
207.781 sec. 11 subsection (4). They have failed to pay 2000, 2001, 2003, and
2004 taxes for the property located at 186 Mason Avenue. Approval or denial
by the City Commission is required and must be forwarded to the State Tax
Commission. Staff sent the owners a letter and a copy of the past due tax bill on
June 30, 2005, giving them until July 31, 2005, to pay the taxes. They remain
unpaid.
FINANCIAL IMPACT: The property will no longer be able to take advantage of
the certificate number 94-065 which allowed taxation at 50% of the State
average for a stated number of years.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve revocation of the Neighborhood Enterprise
Zone certificate and have the Mayor and City Clerk sign the resolution and
submit it to the State Tax Commission.
Motion by Commissioner Carter, second by Vice Mayor Larson to approve the
revocation of the Neighborhood Enterprise Zone certificates for 436 Catawba
and 186 Mason.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
2005-79 PUBLIC HEARINGS:
A. Review 2004-2005 Consolidated Annual Performance Evaluation
Report. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on August 23, 2005, to
review accomplishments and receive comments from the public concerning
the 2004-2005 Consolidated Annual Performance Evaluation Report developed
by the Community and Neighborhood Services Department. After the public
hearing has been conducted and all the comments have been documented,
the Community and Neighborhood Services Office request that the Commission
direct the staff to submit the required documents to Housing and Urban
Development in compliance with 24 CFR 91.520, by no sooner than August 31,
2005.
FINANCIAL IMPACT: The City is required to submit the CAPER Report in order to
continue receiving CDBG and HOME funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To direct staff to gather comments from the public
and to submit the Consolidated Annual Performance Evaluation Report to
Housing and Urban Development after the public comment period has elapsed.
The Public Hearing opened at 5:46 p.m. to hear and consider any comments
from the public. Wil Griffin gave a PowerPoint presentation. Comments were
heard from Susan Coulter-Meyers, Disability Connections and from Edward
Spann, 253 Walton.
Motion by Commissioner Carter, second by Commissioner Shepherd to close the
Public Hearing at 6:17 p.m. and approve the review of the 2004-2005
Consolidated Annual Performance Evaluation Report.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-80 UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish 1538 Hudson- Tabled from July 26. 2005. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with
the findings of the Housing Board of Appeals that the structure located at 1538
Hudson, Area 12, is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals notice and order to demolish 1538 Hudson.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2005-81 NEW BUSINESS:
A. County Wastewater Bond Contract. CITY MANAGER
SUMMARY OF REQUEST: To approve the Muskegon County Wastewater System-
Number One Series 2005 Bond Contract and Resolution Approving Department
of Public Works Contract. These documents commit the City to its share (37 .13%)
of a $1 7.5 million bond issue for improvements to the county wastewater system.
FINANCIAL IMPACT: The City will be required to pledge its limited full faith and
credit for the payment of the principal and interest of the bonds.
BUDGET ACTION REQUIRED: This new debt service will need to be accounted for
in the 2006 budget and beyond.
STAFF RECOMMENDATION: To approve the contract and resolution, and
authorize the Mayor and Clerk to execute them.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
Muskegon County Wastewater System- Number One Series 2005 bond contract
and resolution approving Department of Public Works contract.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
B. Designation of Voting Delegates for Michigan Municipal League
Conference. CITY CLERK
SUMMARY OF REQUEST: To designate by action of the Commission, one of our
officials who will be in attendance at the Convention as an official
representative to cast the vote of the municipality at the annual meeting; and, if
possible, to designate one other official to serve as alternate.
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Davis to designate
Commissioner Shepherd as the official representative to the Michigan Municipal
League as the voting delegate.
ROLL VOTE: Ayes: Larson, Shepherd, Carter, Davis, and Gawron
Nays: None
Absent: Spataro and Warmington (stepped out of the room}
MOTION PASSES
Motion by Commissioner Davis, second by Commissioner Carter to designate
Gail Kundinger as the alternate.
ROLL VOTE: Ayes: Shepherd, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
Absent: Spataro (stepped out of the room}
MOTION PASSES
C. Exterior Vehicle Cleaning. PUBLIC SAFETY
SUMMARY OF REQUEST: Bids were solicited and have been accepted for the
exterior cleaning of police vehicles for the City of Muskegon. This bid covers a
two-year contract beginning September 1, 2005- August 31, 2007.
Four companies submitted bids. They were (1) West Shore Wash, 1931 E.
Sherman; (2) Letavis, 8478 Miller Rd .. Swartz Creek; (3) The Bird Bath, 2417 S.
Getty; and (4) Van's Car Wash, 1230 W. Sherman.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Based upon the bid proposals, we recommend that
Van's Car Wash be awarded this contract.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the
contract for exterior vehicle cleaning to Van's Car Wash.
ROLL VOTE: Ayes: Spataro, Warmington, Davis, Gawron, Larson, and Shepherd
Nays: None
Absent: Carter (stepped out of the room)
MOTION PASSES
D. Purchase of Replacement Body Armor. PUBLIC SAFETY
SUMMARY OF REQUEST: We received notice from Second Chance Body Armor
on June 23rd of this year advising us that the body armor currently being worn by
members of the Police Department may be subject to unexpected failure. We
immediately began the process of seeking out a replacement vest with two
guidelines in mind. First, the vest must be custom fit. Second, it must meet the
criteria for Level II protection (national standard).
There are two custom-fit body armor products currently available to us;
Gatorhawk, which is provided by Nye Uniform in Grand Rapids and First Choice,
which is sold by Michigan Police Equipment of Charlotte, Michigan. Both
vendors currently serve this department.
Based upon field tests and feedback from our officers, I am recommending the
purchase of the First Choice MF8 vest. This vest meets our guidelines. The price
quoted to us of $398 per unit includes two vest carriers and a soft trauma pack.
The vest does not contain Zylon. Based upon the fact that we need to replace
80 vests, I am requesting that you authorize the expenditure of $32,000 from the
State Criminal forfeiture Fund in order to complete this purchase.
FINANCIAL IMPACT: Expend $32,000 from the State Criminal Forfeiture Fund
which leaves a balance of approximately $37,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Vice Mayor Larson, second by Commissioner Gawron to authorize the
expenditure of $32,000 from the State Criminal Forfeiture Fund for the purchase of
replacement body armor.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
E. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of Lot #6 in Seaway Industrial Park
to Wood Trucking Company, 2540 Lakeshore Drive, Muskegon, Mi 49441. The
purchase price is $61,000 (asking price $64,000). This company is currently
located on the Sappi property, and will need to move in light of the recent
downsizing of the Sap pi plant. They plan to invest $100,000 in a 4,000 sq. ft.
building, plus a parking lot. Presently they employ 15-22 people, depending on
the season. Of these jobs, 4-5 are directly related to work performed for Sappi.
They may be initially lost due to the loss of work, however, the hope is that once
Wood Trucking relocates and can pick up other business, those employees
would be recalled to work.
FINANCIAL IMPACT: The sale of this lot, while it is located in a Renaissance Zone,
will still generate City of Muskegon income tax.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign said resolution, deed, and all other necessary
documents.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the sale of lot #6 in Seaway Industrial Park to Wood Trucking Company.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
F. Approval of Sale of City Owned Home at 253 Walton. COMMUNITY
AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete the sale transaction
between Mr. Edward Spann for the new lnfill home at 253 Walton which is part
of the Operation Walton Renaissance also known as Hill Top View, which is a
joint project between the City of Muskegon, Fifth Third Bank, and Neighborhood
Investment Corporation. Mr. Spann's purchase price is $134,000 with a subsidy
of $39,000.
The land where the new home now stands is a former Urban Renewal area over
looking the City's present Farmers Market and is another example of the City's
continuing efforts to redevelop its urban neighborhoods by attracting home
purchasers, especially young purchasers, to the City of Muskegon.
FINANCIAL IMPACT: The majority of the $95,000 proceeds from the sale will be
used to reimburse Fifth Third Bank for their $60,000 invest in the project which
was used to finance the cost of the new street between Murphy and Emerald.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the resolution and instruct the Community and Neighborhood Services
Department to complete the sale transaction between Mr. Edward Spann for the
new lnfill home at 253 Walton.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
G. Approval of Sale of City Owned Home at 259 Walton. COMMUNITY
AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the resolution and instruct the Community
and Neighborhood Services Department to complete the sale transaction
between Mr. Tyrone Marshall for the new lnfill home at 259 Walton which is part
of the Operation Walton Renaissance also known as Hill Top View, which is a
joint project between the City of Muskegon, Fifth Third Bank and Neighborhood
Investment Corporation. Mr. Marshall's purchase price is $155,000 with a subsidy
of $60,000.
The land where the new home now stands is a former Urban Renewal area over
looking the City's present Farmers Market and is another example of the City's
continued efforts to redevelop its urban neighborhoods by attracting home
purchasers, especially young purchasers, to the City of Muskegon.
FINANCIAL IMPACT: The majority of the $95,000 proceeds from the sale will be
used to reimburse Fifth third Bank for their $60,000 invest in the project which was
used to finance the cost of the new street between Murphy and Emerald.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the resolution and instruct the Community and Neighborhood Services
Department to complete the sale transaction between Mr. Tyrone Marshall for
the new lnfill home at 259 Walton.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
H. County I City Community Development Block Grant Agreement. CITY
MANAGER
SUMMARY OF REQUEST: To approve the Agreement between the City and the
County for the expenditure of Community Development Block Grant funds for
the Downtown Western Avenue Redevelopment project.
FINANCIAL IMPACT: The City will receive $1 million in grant funds from the State
of Michigan, through the County of Muskegon for the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and authorize the Mayor
and Clerk to sign.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
agreement between the City and the County for expenditure of Community
Development Block Grant funds for the Downtown Western Avenue
Redevelopment project.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
I. Award Infrastructure Contract for Western Avenue. CITY MANAGER
SUMMARY OF REQUEST: To award the contract to construct Western Avenue
from Third Street to Terrace Street to Milbocker and Sons for the amount of
$1 ,246,57 4.88.
FINANCIAL IMPACT: $1,246,574.88; it is anticipated that decorative concrete
work ($477,920.57) will be added at a later date through a change order.
BUDGET ACTION REQUIRED: The 3rd quarter 2005 and 2006 budgets will be
adjusted to accommodate this project.
STAFF RECOMMENDATION: To award the contract to Milbocker and Sons in the
amount of $1 ,246,574.88 and authorize the Mayor and Clerk to execute the
contract.
COMMITTEE RECOMMENDATION: The City Commission met on August 9, 2005,
and determined that Milbocker alternative #3 would be selected, which would
include beginning the construction in 2005, but the concrete work would be
done in 2006, thus allowing the concrete work to be awarded to a minority
contractor (Martin J. Concrete).
Motion by Commissioner Spataro, second by Commissioner Shepherd to award
the infrastructure contract for Western Avenue to Milbocker and Sons using
alternative #3.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Various comments were heard.
ADJOURNMENT: The City Commission Meeting adjourned at 7:18p.m.
Respectfully submitted,
LQ.~o
Gail A. Kundinger, MMC
City Clerk
CITY COMMISSION MEETING
Tuesday August 23,2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: August 15, 2005
SUBJECT: Amendment to City Ordinance 46-33/Sale oflmpounded Vehicles
SUMMARY OF REQUEST:
Police Department staff is requesting the commission amend City Ordinance 46-33 which
regulates the sale of impounded vehicles. Language in the current ordinance mandates
that we notify the owner in writing and that the notice be "delivered in person or sent by
registered mail. .. " We ask that the language be amended to read "delivered in person or
sent by first-class mail. .. " This new proposed language is the same as state law.
FINANCIAL IMPACT:
Reduction in the cost of mailings.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval ofthis request.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 21 58
An Ordinance amending Chapter 46, Section 46-33 of the Code of Ordinances
concerning police department sale of impounded vehicles.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 46 of the Code of Ordinances shall be amended to read as follows:
Sec. 46-33. Sale of impounded vehicles.
An vehicle impounded by seizure under any city ordinance may, after one month from
date of seizure, be sold by the police department, either at private or public sale, to the
highest bidder, after first giving the owner of the car, as is shown to be in the office of the
secretary of the state in which the car is licensed, on the day of seizure, a notice of seizure
and proposed sale, in writing, delivered in person or sent by first-class mail addressed to
such person at the owner's place of business or residence as shown in such secretary of
state's office.
This ordinance adopted:
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
Adoption Date: August 23, 2005
Effective Date: September 6, 2005
First Reading: August 23, 2005
Second Reading: _N_:/_A_ _ _ _ _ _ __
CITY OF MUSKEGON
By ~~~~~~~~~~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
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 ofMuskegon, at a regular meeting of the
City Commission on the 23 day of August , 2005, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: August 23 , 2005
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
1
Please take notice that on ;!f%ftt'J / cx~JJ , 2005, the City Commission of the City
of Muskegon adopted an amendmen o Chapter 46 of the Muskegon City Code concerning
police department sale of impounded vehicles. Sec. 46-33 is amended to read as follows:
Sec. 46-33. Sale of impounded vehicles.
An vehicle impounded by seizure under any city ordinance may, after one month from
date of seizure, be sold by the police department, either at private or public sale, to the
highest bidder, after first giving the owner of the car, as is shown to be in the office of the
secretary of the state in which the car is licensed, on the day of seizure, a notice of seizure
and proposed sale, in writing, delivered in person or sent by first-class mail addressed to
such person at the owner's place of business or residence as shown in such secretary of
state's office.
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 (10) days from the date of this publication.
Published: /!(jfu 1I .;z, 2005 CITY OF MUSKEGON
By~~~~~~~=-
Gail A. Kundinger, MMC
Clerk, City of Muskegon
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PAS SAGE
C:\Documents and Settings\Potter\local Settings\Temporary Internet Files\OLK1A\City Commission-Ordinance-Impounded Vehicles. DOC
Commission Meeting Date: August 23, 2005
Date: August 12, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic DevelopmentcJ/V'
RE: Rezoning request for property located at 137 & 109 E.
Laketon Avenue
SUMMARY OF REQUEST:
Request to rezone the property located at 137 and 109 E. Laketon Avenue, from R-1,
One Family Residential to B-2, Convenience and Comparison Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 8/10
meeting. The vote was unanimous with and B. Mazade absent.
0:\Planning\COMMON\Zoning\CityCommission Items\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2159
An ordinance to amend the zoning map of the City to provide for a zone chanee for certain
properties from R-1 " One Family Residential" to B-2 "Convenience and Comparison
Business"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS :
The zoning map of the City of Muskegon is hereby amended to change the zoning of the
following described property from R-1 "One Family Residential" to B-2 "Convenience and
Comparison Business":
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOT 1 & N 10 FT LOT 2 BLK 4
And
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOTS 23 & 24 BLK 4
This ordinance adopted:
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nayes: __
No_n_e_____________________________________________________
Adoption Date: August 23, 2005
Effective Date: September 6, 2005
First Reading: August 23, 2005
Second Reading: ___N_.:./_A__________________
CITY OF MUSKE~ .
By ~ Q- ~
Gail A. Kundinger, MMC
Clerk
CERTIFICATE (Rezoning of 137 & 109 E. Laketon Avenue R-1 to B-2)
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 23rd day of August, 2005, 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. J\ ~
DATED: August 23 ,2005. ~ 0. .
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten ( 10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 23, 2005, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning of the
following property from R-1 "One Family Residential" to B-2 "Convenience and Comparison
Business":
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOT 1 & N I 0 FT LOT 2 BLK 4
And
CITY OF MUSKEGON PLAT A MUSKEGON HTS LOTS 23 & 24 BLK 4
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 il:f:f u"' l 27 , 2005 CITY OF MUSKEGON
By __~~-=~~~~~-----
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
0:\Pianning\COMMON\Zoning\City Commission ltems\rezone\Approvc\2005 Approval.s\137 & 109 E. Lakcton.doc 4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 11, 2005
Hearing; Case 2005-23: Request to rezone the properties located at 137 and 109 E. Laketon
Avenue from R-1, One Family Residential to B-2, Convenience and Comparison Business, by
James Anthony.
BACKGROUND
Applicant: James Anthony
Property Address/Location 137 & 109 E. Laketon Avenue
Request: Rezone from R-1, One Family Residential to B-2, Convenience
and Comparison Business
Present Land Use: Commercial & Residential
Zoning: R-1, One Family Residential
STAFF OBSERVATIONS
1. These two parcels contain two commercial buildings. The building at 137 E. Laketon
Avenue houses Lakeshore Rehabilitation Center. The building at 109 E. Laketon Avenue
has been rehabilitated to have housing on the second floor and a commercial space on the
first floor.
2. It appears from City records that these properties were previously zoned B-1, which
allowed the use of the properties to be commercial. Records aren't clear as to when it was
zoned R -1, but the properties then held legal nonconforming status.
3. An attempt was made in 1993 to rezone the properties to B-4, General Business. The
request was denied by the City Commission.
4. The first floor of 109 E. Laketon Avenue has lost it's nonconforming status for
commercial uses. The applicant wishes to again establish a commercial use in the lower
level of the property.
5. The rezoning of 137 E. Laketon Avenue would bring this property into compliance with
the proper zoning.
6. The property to the North, which includes the Hackley Hospital campus is zoned MC,
Medical Care. The properties to the East and South are zoned R-1, One Family
Residential, and the property to the West is March Field, and it is zoned OSR, Open Space
Recreation.
0:\P!anning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 5
7. At one time the Larch Court apartments were located directly across Laketon Avenue to
the north. This complex contained several multi-family units.
8. Staff has no received no comments regarding this request.
0:\Pianning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 6
137 E. Laketon Avenue
109 E. Laketon A venue
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 7
City of Muskegon
Planning Commission
Case # 2005-23
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SEAWAY INDUSTRIAL PARK
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Michigan Dcp;utment of Trea.<;tJI)' L-4260
2766 ~Rev. 7-0fl)
1'l1is form is issued under authority c{
PROPERTY TRANSFER AFFIDAVIT P.A. 415 o_( 1994. Filing is mandalol)'·
This form must be filed whenever real estate or some types of personal property are transferred (even if you
are not recording a deed). It is used by the assessor to insure the l?roperty JS assessed properly and reccrves
the conect taxable value. It must be filed by the new owner w1th the assessor for the city or towuship
where the property is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day
(maximum $200) applies. The information on this form is NOT CONFIDENTIAL. .
I. Street Address of Property
Lot 6 Seaway Iudusl. l'k
-
2. County
l\luskegon
I 4. Date ofTransfer (or land contract was signed)
October 7, 2005
3. City!l'ownship/Village of Real Estate Deity
Cily of Musllegon
0Township 15. Purchase Price of Real Estate
$61,000.00
Flvillage
6. Property Identification Number t.l!l1!1. If you don't have a PIN, attach a legal description. ~ This number ranges from 10 to 25 digits.
It usually includes hyphens and sometimes
includes· letters. It is on the property tax bill
and on the assessment notice.
7. Seller's (Transferor) Name
Cit)' of Muskegon, a Michigan Municipal Corporation ] 8. Buyer's {Transferee) Name and Mailing Address
Eastwood Development, LLC
2540 Lakeshore Drive
Items 9-13 are optional. However, by completing ~uskcgon,MI 49441
them you may avoid further correspondence,
Transfers include deeds, land contracts, transfers involving 9. Type of Tra11sfer
trusts or wills, certain long-term leases and interest in a
business. Sec the back for a complete list 0 Land Contract 0 Lease
D Doed D Other (specify)
11. Amount of Down Payment
10. 0 Yes
Is the transfer between related persons? 0No
II I
13. Amount Financed (Borrowed)
12. lf you financed the purchase, 0 Yes
did you pay market rate of interest? 0No
I
Exemptions------------------------------------------
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the property's
usual selling price. Certain types of transfers are ex"m)'t from adjustment. Below are brief descriptions of the types of exempt
transfers; full descriptions are m MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, indicate below the type of
exemption you are claiming. If you claim an exemption, your assessor may request more infonnation to support your claim.
D transfer from one spouse to the other spouse
D change in ownership solely to exclude or include a spouse
D transfer of that portion of a property subject to a life lease or life estate (u11til the life lease of life estate expires)
D transfer to effect the foreclosure or forfeiture of real property
D transfer by redemption from a tax sale
D transfer into a trust where the scltlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust
D transfer resulting from a court order unless the order specifies a monetary payment
D transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
D transfer to establish or release a security interest (collateral)
D transfer of real estate through normal public trading of stocks
D transfer between entities under common control or among members of an affiliated group
D transfer resulting from transactions that qualify as a tax-free reorganization
D transfer of qualified agricultural property when the property remains qualified agricultural property and affidavit has been flied.
D other, specify:
Certification -,-...,..---;--::-----:------::--.,------;----;----;-----::---::--:---.,-.,....-------------
/ certijj> tit at tlte information above is true and complete to be best of my knoovledge.
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7 2005
7
ACKNOWLEDGMENT OF PROPERTY TUANSFER AFFIDAVIT
The undersigned hereby acknowledge(s) receipt of Property Transfer Affidavit fom1 together with instruction (for L-4260) which form
is required by Public Act 415 of 1994 which imposes obligations on Purchasers/Transferees to file said fmm within 45 days of the date
of transfer. The undersigned further acknowledge(s) that Harbor Title Agency, Inc. is under no obligation to provide said form but
does so as an accommodation to the undersigned. The undersigned assume(s) all responsibility relative to compliance with the Act
and, accordingly, hold(s) the Company harmless from and against any liability relative thereto.
Date: October 7, 2005
Eastwood Development, LLC
by: Michael T. Hylland
its: Managing Member
PURCHASE AGREEMENT ADDENDUM
The undersigned parties to the Purchase Agreement dated August 9, 2005 on the property known as Lot 6 Semvay lndust. Pk,
Muskegon, MI 4944I, legally described as:
City Muskegon) County of Muskegon, State of Michigan:
Parcel6:
Part of Block 1 and part of the vacated alley in said Block 1, Young & Williams Addition, according to the recorded plat
thereof as recorded in Liber 3 of Plats, Page 39: Commence at the Southeast corner of the Northwest fractional 1/4 of
Section 31, Town 10 North, Range 16 West; thence North 00 degrees 00 minutes 00 seconds East 795.00 feet along the
East line of said Northwest fractional1/4; thence South 89 degrees 40 minutes 00 seconds West 33.00 feet along the North
Right of Way of Delano Avenue and its extension in said Young & Williams Addition for Point of Beginning; thence South 89
degrees 40 minutes 00 seconds West 274.43 feet along said Right of Way line; thence North 00 degrees 00 minutes 00
seconds West 251.06 feet along the East Right of Way line of Waalkes Street; thence North 89 degrees 43 minutes 30
seconds East 274.43 feet; thence South 00 degrees 00 minutes 00 seconds East 250.78 feet along the West Right of Way
line of Park Avenue to Point of Beginning.
also known as Property Address: Lot 6 Seaway lndust. Pk, Muskegon, Ml 49441
PIN:
hereby mutually agree to amend said contract as follows:
CLOSING DATE TO BE OCTOBER 7, 2005; LEGAL DESCRIPTION IS AS DESCRIBED ABOVE; BUYER RELEASES
CONTINGENCIES ON ENVIROMENTAL, SITE PLAN APPROVAL AND CITY APPROVAL; BUYER IS NOW TO BE
EASTWOOD DEVELOPMENT, LLC.
All other conditions of the Purchase Agreement to remain the same.
Dated: October 7, 2005
Seller{s) Buyer(s)
City of Muskegon Eastwood Development, LLC
"''?
J
( .. '" ;;S 7 r(/f____/?
by: Michael T. Hylland
its: Managing Member
100538869
CLOSING AFFIDAVIT
Commitment Number 100538869
State of Michigan }
} S.S,
County of Muskegon }
The undersigned, being duly sworn, deposes and says that to the best of their knowledge and belief:
1. The undersigned has read the requirements and exceptions on the commitment set forth above.
2. The closer has explained that item(s) ____-__-__-_-_·_show mortgages or liens that will be paid off as a result of
this closing.
3. Except as stated in paragraph 2 above, there are no other mortgages, equity loans, revolving credit loans, bridge
loans, remodeling loans or other liens of any kind which affect the land.
4. The undersigned has not taken a loan or borrowed money during the past six months.
City of Muskegon
by:
its: v7/cJ, "'···JII
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Subscribed and sworn before me this October 7, 2005. . ..- .--·. ~-//-/ __ / ) . /,/1. , / '
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KATHY R. HARRIS, NOTARY PUBLIC • I ' -' / .-·
'U
MUSKEGON COUNTY, STATE OF MICHIGAN ;'Notary Public
MY COMMISSION EXPIRES 1-17-2007 _ _ _ _ _ _ _ _ _-,-:--.fL County, Michigan
- . (/
My Commission Expires: ?
Acting in the County of Muskegon
QUIT CLAIM DEED
Statutory Form
Harbor Title
The Grantor(s): City of Muskegon, a Michigan Municipal Corporation, whose address is 933 Terrace, P.O. Box 536, Muskegon,
Ml49443
quit claim(s) to: Eastwood Development, LLC, whoS~)
(tllc "lnvcstmcnt Objective").
0:\PieflflU'lQ\COMMON\Gcon. O~vl.f'IOI)I.1rly $t~ll:~~t~wtty htdu~lrltt! P~rk\Lut N8\Wood Trucking dov. agrllomanl.doc
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HOV-4-2005 10:30R FROM:CHRYSTAL AHDERSOH (231!739-9331 T0:7551578 P.3
Au~ lB 05 03:l9p Cit~ oF Muskegon Plannin~ 231 724 6780 p.3
2.4 The retention ol' at least 10 (ten) jobs (the "Employment Objective")
within the first thn:c (3) years of operation. This number may include the translcr of jobs
front other municipalities.
2.5 The closing of the purchase of the properties descrihed in tl1e Real F.stote
Purchase Agreement (the "Properties").
2.6 Cooperation with City n.:prv~~ntativ~s to sttpply all r~t[uested and required
documentation necessary in the City's reasonable judgment to Jct~rminc compltancc with
the undertakings set forth iu this Agreement and its attacbmonts.
2. 7 The Company shall take all required to avoid the release of prcc~utions
any hnznrdous substance in violation of any environmental law on it~ premi~es, and ~hall
report any releases to the appropriate authority in a timely and complete manner llS
rc\juim.l by law, providine: copi~~ of ~aid documenlution to the City. Subject to its rights
to contest any proposed orders and actions, the Company shall comply with all ordcrs ami
actions of any govemmental ngoncy having authority.
2.8 During the entit·c period for which the Renaissance Zone is in effect, tho
C:omp11ny shall mnintnin the improvem~nts so as to minimize physical or functional
obsolescence.
3. Governing Law. This Agreement shall he construed :md enforced in accordance
with the Laws of the Stale ofMulhigan applicable to contractt; maJc ami to be pcrformctl within
the State of Michigan, nnd in particular the: Renaissance Zone Act of the State, as amended.
4, Counterpart$, 11li$ Agreement onny be executed in one or more count.erp~rts.
Notwith~tanding such execution all such counterparts shall constitute one and the same
Agreement.
5. B~nd}~. Thi• Ac.'l't:cment shall b~ bintlin~:~ upon ami inure to the bsign t~is Al;'l'lll'mtmt s11bject tu the consr;nt of the City. bxc~t as so provio.loo, there i~
no third party beneficiary intended upon the execution of this Agreement.
O.ll'llllllltna\COMMONIE~t'l. 1)._.,\J"o'O~tly S•lri\S&~W~tly ll)(lww!tn111-'t~rll\l.t:>l #U\Wt~W Tru~mv tlt:v, b9r~nu:nl.d1.1c.
2
NDIJ-4-2005 10:34A FROM:CHRYSTAL ANOERSOI' (231)739-9331 TO:rco'5:!'78 P.4
HUg lH U~ U~t~Up Ll~~ 0~ MU5Ke~on ~1ann1n; ~di ~~~ b/~U p ...
6. Invaliditv. In the event any pl'ovision of UJ.is agreement is declared invalid by a
court or tribunal having compete11t jurisdicti011, tbe rernninder of the ag,.eement shall remain in
full foroe and effect.
CITY OF MUSKEGON,
Dated: ./Jecernber 9, 2005
WOOD TRlJCKlN(; COMPANY
a /JI.,U>~ 1l>f'>"' Corporation
Dated: Jt/1/
;
'2005
B·(
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3
Commission Meeting Date: August 23, 2005
Date: August 23, 2005
To: Honorable Mayor & City Commission
from: Community and Neighborhood Services
Department
RE: Approval of Sale of City owned home at 253
Walton
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the sale transaction between Mr. Edward Spann for the new
lnfill home at 253 Walton which is part of the Operation Walton
Renaissance AKA Hill Top View, which is a joint project between the
City of Muskegon, Fifth Third Bank and Neighborhood Investment
Corporation Mr. Spann's purchase price is $134,000 with a subsidy of
$39,000 dollars.
The land where the new home now stands is a former Urban Renewal
area over looking the City's present Farmers Market and is another
example of the City's continuing efforts to redevelop its urban
neighborhoods, by attracting home purchasers especially young
purchasers to the City of Muskegon.
FINANCIAL IMPACT: The majority of the $95,000 proceeds from the
sale will be used to reimburse Fifth Third Bank for their $60,000 invest in
the project which was used to finance the cost of the new street between
Murphy and Emerald.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution
COMMITIEE RECOMMENDATION: The Land Reutilization Committee
and the City Commission approved the Walton Street Renaissance
Project during the 2003-2004 fiscal year.
2005-Sl{f)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY STATE OWNED PROPERTY AT 253 Walton
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the purchase of the currently City owned property for $134,000, which
is located at 253 Walton. After obtained the structure Mr. Edward Spann will used
the structure as a single family owner-occupied home for the duration of his
agreed upon affordability period. Unless he decides to break his agreement which
will then cause the City to be compensated its subsidy on a prorated basis.
Adopted this 23rd day of August, 2005
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
CERTIFICATION
2005-81(f)
This resolution was adopted at a regular meeting of the City Commission, held on August
23, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act
ofthe State of Michigan, Act 267 ofthe Public Acts of 1976.
CITY OF MUSKEGON
By: LO_ L~3~
Gail A. Kundinger, MMC
City Clerk
"'""----
Commission Meeting Date: August 23, 2005
Date: August 23, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Sale of City owned home at 259
Walton
SUMMARY OF REQUEST: To approve the attached resolution and
instruct the Community and Neighborhood Services department to
complete the sale transaction between Mr. Tyrone Marshall for the new
lnfill home at 259 Walton which is part of the Operation Walton
Renaissance AKA Hill Top View, which is a joint project between the
City of Muskegon, Fifth Third Bank and Neighborhood Investment
Corporation Mr. Marshall's purchase price is $155,000 with a subsidy of
$60,000 dollars.
The land where the new home now stands is a former Urban Renewal
area over looking the City's present Farmers Market and is another
example of the City's continued efforts to redevelop its urban
neighborhoods, by attracting home purchasers especially young
purchasers to the City of Muskegon.
FINANCIAL IMPACT: The majority of the $95,000 proceeds from the
sale will be used to reimburse Fifth Third Bank for their $60,000 invest in
the project which was used to finance the cost of the new street between
Murphy and Emerald.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution
COMMITTEE RECOMMENDATION: The Land Reutilization Committee
and the City Commission approved the Walton Street Renaissance
Project during the 2003-2004 fiscal year.
2005-Bl(g)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY STATE OWNED PROPERTY AT 259 Walton
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the purchase of the currently City owned property for $155,000, which
is located at 259 Walton. After obtained the structure Mr. Tyrone Marshall will
used the structure as a single family owner-occupied home for the duration of his
agreed upon affordability period. Unless he decides to break his agreement which
will then cause the City to be compensated its subsidy on a prorated basis.
Adopted this 23rd day of August, 2005
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
CERTIFICATION
2005-8l(g)
This resolution was adopted at a regular meeting of the City Commission, held on August
23, 2005. The meeting was properly held and noticed pursuant to the Open Meetings Act
ofthe State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By: ~~
=--==,-=-=a~-L
~ k~~~~
Gail A. Kundinger, MMC (}
City Clerk
Commission Meeting Date: August 23, 2005
Date: August 17, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department 0/3C
RE: City-County Agreement for Community
Development Block Grant (CDBG) Funds
SUMMARY OF REQUEST: To approve the Agreement between the
City and the County for the expenditure of CDBG funds for the
Downtown Western Avenue Redevelopment project.
FINANCIAL IMPACT: The City will receive $1 Million in grant funds from
the State of Michigan, through the County of Muskegon for the project.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement and
authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
AGREEMENT
2005-Sl(h)
This Agreement is made as of August 2 3 , 2005, between the County of Muskegon
("County"), and the City of Muskegon ("City").
RECITALS
A. The Downtown Muskegon Development Corporation ("DMDC") has acquired
real property located in the City of Muskegon, commonly referred to as the Muskegon Mall
property ("Property").
B. The DMDC intends to finance and have the City install public improvements on
the Property, and has entered into a Development and Reimbursement Agreement with the City,
for the purpose of planning a variety of public improvements on the Property.
C. The DMDC and City requested the County to apply for a Community
Development Block Grant ("CDBG") in the amount of Three Million, Three Hundred Fifty-One
Thousand, Eight Hundred Twenty-Seven Dollars ($3,351 ,827), for use in the installing of public
improvements on the Property.
D. The County applied for the grant and was approved for CDBG funding in the
amount of One Million Dollars ($1,000,000) by the Michigan Economic Development
Corporation ("MEDC").
TERMS AND CONDITIONS
Therefore, in exchange for the consideration referred to by this Agreement, and effective
beginning on the date the County accepts and executes the CDBG Agreement with the MEDC,
the parties agree as follows:
1. The County shall be responsible for all administrative matters to obtain
reimbursement on behalf of the City under the terms of the CDBG program for the expenses
incurred by the City and shall forward monies received to the City, except that the County shall
be entitled to one percent (1 %) of any monies received as an administrative fee.
2. The City shall be subject to all requirements contained in the attached CDBG
Agreement between the County and MEDC (See Exhibit 1). The City shall provide the County,
within a reasonable time, any information and cooperate in any other reasonable manner to
assure compliance with the CDBG Agreement.
3. City agrees to exonerate, save harmless, protect and indemnify County, its
departments, officers, employees, and agents from and against any and all loss, damages, claims,
suits, actions, judgments and costs, which may arise or grow out of any actions or omissions
caused by City's officers, employees, or agents under this Agreement. Provided, however, City
may defend instead of indemnify County in the event County is sued for City's actions, if it
would be reasonable due to the nature of the case.
C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Fi les\OLK25\G DBG Agreement-8-16-054. DOC
4. County agrees to exonerate, save harmless, protect and indemnify City, its
departments, officers, employees, and agents from and against any and all loss, damages, claims,
suits, actions, judgments and costs, which may arise or grow out of any actions or omissions
caused by County's officers, employees, or agents under this Agreement. Provided, however,
County may defend instead of indemnify City in the event City is sued for County's actions, if it
would be reasonable due to the nature of the case.
5. This is the entire agreement between the parties as to its subject, and is binding
upon any successors or permitted assigns of the parties. It shall not be amended or modified
except in writing signed by the parties.
6. This Agreement shall be interpreted and construed in accordance with Michigan
law and the parties agree to jurisdiction and venue within the courts for the County of Muskegon.
7. This Agreement may be executed in any number of counterparts, each of which
shall constitute an original and ali of which shall constitute one and the same agreement.
This Agreement has been executed as of the first date written above.
CITY OF MUSKEGON
Attest:
By: ~o.LJ~r
Gail A. Kundinger, MMC, Cl k
County of Muskegon
By:~fuu
· -13iliGiliCllirman
Attest:
J'\cuu"' G. DUo~
Karen Buie, Clerk
C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\OLK25\GDBGAgrecment-8-16-054.DOC
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION MEETING - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: August 16, 2005
RE: Award Infrastructure Contract for Western Avenue
SUMMARY OF REQUEST:
To award the contract to construct Western Avenue from Third Street to Terrace Street to
Milbocker and Sons for the amount of $1 ,246,574.88.
FINANCIAL IMPACT:
$1 ,246,574.88; it is anticipated that decorative concrete work ($477,920.57) will be added at a
later date through a change order.
BUDGET ACTION REQUIRED:
The 3rd quarter 2005 and 2006 budgets will be adjusted to accommodate this project.
STAFF RECOMMENDATION:
To award the contract to Milbocker & Sons in the amount of $1,246,574.88 and authorize the
Mayor and Clerk to execute the contract.
COMMITTEE RECOMMENDATION:
The City Commission met on 8/9/05 and determined that the Milbocker alternative #3 would be
selected, which would include beginning the construction in 2005, but the concrete work would
be done in 2006, thus allowing the concrete work to be awarded to a minority contractor
(Martin J Concrete).
pb/0/AGENDA -AWARD INFRASTRUCTURE CONCTRACT FOR WESTERN AVE 081605
~-~
~m[ll~[]o®~® am~oo®~[®
t.MDOT
Michigan Department of Transportation
®®MCID®fi®~
Association of Michigan
5PfCI4L
\ INVITATION
to all minority, women and
disadvantaged business (DBE) owners
Join us for an informational meeting to discuss business opportunities
with the Michigan Department of Transportation and learn more about
the Disadvantage Business Enterprise (DBE) Program.
Wednesday, August 31, 6 p.m.
,,.
Holiday Inn Muskegon Harbor
M.
will start promptly at 6:00 p.m. and ~
CD
en
last until 8:00 p.m. :i • E. Shennan Blvd.
Directions: From 1-96 or US-31 expressway follow
signs to Muskegon take Bus. US-31, (Seaway Dr.)
for 6 miles, turn left on 3rd St., hotel on the left.
Holiday Inn Muskegon Harbor
Ph. (231) 720-7100
MOOT: Providing the highest quality integrated transportation services for economic benefit and improved quality of life.
Graphics/oeo/dbe/dbe flyers/2005/special notice muskegon flyer .cdr 7/05
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