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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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0:\Planning\COMMON\Zoning\City Commission Items\rczonc\Approve\2005 Approvals\137 & 109 E. Laketon.doc 8
RECOMMENDATION
The Master Plan's Future Land Use Map shows the area where these sites are located to
be R-1. It would be impossible for the Master Land Use Plan to address every parcel in
the City, and perhaps these two sites were overlooked in the planning process. The
Master Plan does recommend the following: "Implement, through zoning, buffer
requirements associated with the placement of non-residential uses contiguous to
residential development." A fence is used to screen between the two parcels and the
residential neighborhood behind them. Rezoning of these properties would provide a
buffer between the Hackley Hospital campus and the residential neighborhood There are
small commercial areas to the East, beyond Moon School (B-4 & B-2), and to the West
on the other side of Marsh Field (B-4). Since both buildings are of a commercial design,
and residential would be incorporated into the second floor of the building at 109 E.
Laketon, a commercial zoning seems to make sense.
Staff recommends approval of the request to rezone the subject properties from R-1 to B-
2 because the request conforms to the goals and recommendations of the 1997 Master
Plan.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which
justify the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent that might result
from the approval or denial of the petition?
3. What is the impact of the amendment on the ability of the city to provide
adequate public services and facilities and/or programs that might reasonably
be required in the future if the petition is approved?
4. Does the petitioned zoning change adversely affect the enviromnental conditions
or value of the surrounding property?
5. Does the petitioned zoning change generally comply with the adopted Future
Land Use Plan of the City?
6. Are there any significant negative environmental impacts which would
reasonably occur if the petitioned zoning change and resulting allowed structures
were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
0:\Planning\COMMON\Zoning\City Commission Items\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 9
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
b. Would the zoning change allow uses that are
inconsistent with those allowed in the vicinity?
c. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
d. A spot zone is appropriate if it complies with the Master Plan.
DETERMINATION
The following motion is offered for consideration:
I move that the request to rezone the properties located 137 and 109 E. Laketon Avenue
from R-1, One Family Residential district to B-2, Convenience and Comparison district,
as described in the public notice, be recommended for (approval/denial) to the City
Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination
of (compliance/lack of compliance) with the intent of the City Master Land Use Plan
and zoning district intent.
0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\137 & 109 E. Laketon.doc 10
Commission Meeting Date: August 23, 2005
Date: August 12, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJtl,
RE: Zoning Ordinance Amendment to the Zoning Ordinance
Language for Comer Clearance
SUMMARY OF REQUEST:
Request to amend Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting, #16.) of
Alticle XXIII (General Provisions) to add comer clearance requirements for driveways.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staffreconunends amendment of the Zoning Ordinance to amend the "Landscaping, Fencing,
Walls, Screens and Lighting", (#16), language to add comer clearance requirements for
driveways.
COMMITTEE RECOMMENDATION:
The Planning Conunission reconunended approval of the amendment at their 8/11 meeting.
The vote was unanimous in favor of the amendment, with B. Mazade absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 11, 2005
Hearing; Case 2005-29: Staff initiated request to amend Section 2331 (Landscaping, Fencing,
Walls, Screens and Lighting, #16), Article XXIII (General Provisions) of the zoning ordinance,
to add corner clearance requirements for driveways.
BACKGROUND
Present comer clearance ordinance language refers only to intersections when requiring clear vision
regarding landscaping, fences, wall, screens, etc. Several situations have come up in recent months
where this language was applied to require removal of objects blocking clear vision. Staff would like
the ordinance language to clearly state that this also applies to driveways, as well as intersections, for
safety reasons.
NEW LANGUAGE
Deletions are erossed out and additions are bold.
16. Comer Clearance: The following regulations shall apply to all landscaping, fences, walls,
screens, or similar devices at street intersections or driveways:
a. No fence, wall, sign, or screen or any planting shall be erected or maintained in such
a way as to obstruct vision or interfere with traffic visibility on a curve, or within
twenty-five (25) feet of the right-of-way of a street.
b. No fence, wall, sign, screen or planting shall be erected or maintained in such a way
as to obstruct vision, between a height of three (3) and ten (1 0) feet, within twenty-
five (25) feet of the right-of-way ofa street.
c. No structure, hazard or obstruction shall be placed or maintained in the right-of-way,
except as may be approved by the city.
DELIBERATION
I move that the amendment to Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting,
#16), Article XXIII (General Provisions), to amend the language to add comer clearance
requirements for driveways, be recommended to the City Commission for (approval/denial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2160
An ordinance to amend Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting,
(#16.) of Atiicle XXIII (General Provisions) of the Zoning Ordinance to amend the ordinance
language regarding "Corner Clearance".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAJNS:
Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting, #16.) of Article XX:Ill (General
Provisions) is hereby amended to include language regarding driveways under "Comer Clerance":
16. Comer Clearance: The following regulations shall apply to all landscaping, fences, walls,
screens, or similar devices at street intersections or driveways:
d. No fence, wall, sign, or screen or any planting shall be erected or maintained in such
a way as to obstruct vision or interfere with traffic visibility on a curve, or within
twenty-five (25) feet of the right-of-way of a street.
e. No fence, wall, sign, screen or planting shall be erected or maintained in such a way
as to obstruct vision, between a height of three (3) and ten (1 0) feet, within twenty-
five (25) feet of the right-of-way of a street.
£ No structure, hazard or obstruction shall be placed or maintained in the right-of-way,
except as may be approved by the city.
This ordinance adopted:
Ayes: Spataro , Warmington, Carter, Davis , Gawron, Lar son, and Shepherd
Nayes: None
Adoption Date:___A_ugu=---s_t_2_3:._,_20_0_5_ __ _ _ _ __ __
Effective Date: _ __s_e_p_t_em_be_r_6_,_2_00_5_ _ _ _ __ _ __
First Reading: _ __ A_ugu_s_t_2_3_,_zo_o_s_ _ _ _ __ __ __
Second Reading:_ ____:N/:.__
A __ _ __ _ _ _ _ _ _ __ _
Gail A. Kundinger, MMC, Ci
Commission M~cting Date: August 23, 2005 - Zoning Ordinance Amendment for Comer Clearance.
CERTIFICATE
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a hue and complete copy of an ordinance adopted
by the City Commission of the City ofMuskegon, at a regular meeting ofthe 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 of Michigan 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 .tc.......-J.........r'
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 to amend Section 2331 (Landscaping, Fencing, Walls, Screens and Lighting,(#16.) of
Article XXIII (General Provisions) to amend the zoning ordinance language regarding "Comer
Clearance".
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 :fi:om the date ofthis publication.
Published 14J(/,S_ t_ a /Z, 2005 CITY OF MUSKEGON
By ___________________________
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
5
Commission Meeting Date: August 23, 2005
Date: August 4, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c13 G
RE: Approval of bid acceptance for surplus
surveillance equipment
SUMMARY OF REQUEST: The Planning Department has requested
bids to sell off surplus surveillance equipment. The piece of equipment is
the Pelco brand OX 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 unit was $2,489.00
plus shipping. The highest bid received was $2,512.00. 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 $2,512.00 and WMKG in the amount of $207.39.
Staff recommends that the Commission accept Pulaski Lodge's bid of
$2,512.00 on the City's digital video recorder.
COMMITTEE RECOMMENDATION: None.
871 PUlASKI AVENUE
POLISH. NATIONAL ALLIANCE MUSKEGON, Ml 49441
TELEPHONE (81 G) 755$81
PULASKI LODGE GROUP #2809
July 27, 2005
RFr.I=!VED
JUL 2 8 2005
•;U0i\EGON
City of Muskegon ... ,·,c~ UcPARTMENT
Planning Depm1ment
933 Terrace St.
Muskegon, MI 49441
To Whom It May Concern:
Our organization would like to place a bid on the Pelco Digital Video Recorder that was
advertised for sale. Our bid for this recorder is $2512.00. We understand it is an as-is
purchase.
If we should prevail in the bidding process our phone number to notify us is 231-759-
8960.
Sincerely,
Mary Ann Comett
Vice-President . 1
•
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CITY OF MUSKEGON ~
SURPLUS EQUIPMENT
Sealed bids will be received at
L-lf<E the Planning Department, City of ·
Muskegon; 933 Terrace St.,
Muskegon, Michigan, for the fol-
A 131/J rorc lowing surplus surveillance
equipment:
(1) Palco DX2000 Series Digital ·
Th 1 s !a 12- Video Recorder; 160 GB hard
drive with 8 camera inputs.
This item is being sold "AS IS -
9'){)?.39 WHERE IS," without warranty or
guarantee of any kind ilitended or
implied, including merchantability
J<!.eUey or fitness for a particular purpose.
Each unit is the sole. responsibili-
/1/f2l!Nf' /ZO. ty of the purchaser from the.
moment the unit is sold.
/11( All units may be inspected and
bids accepted at above location
and address between 8:30 a.m.
and 4:30 .p.m. Monday, July 25
through Friday, July 29, 2005. The
successful bidder will need to be-
approved by the City Commission
and will be notified by telephone
on Tuesday, August 2, 2005.
· Direct que,.?tions to Jon Witmer at ,
(231) 724-6702. ~ -
The city reserves the right to·
accept or reject any and all bids..
PUBLISH: July 22, 2005 . .
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· 4237 Airline Rd: • Norton Shores, Michigan 49444 • Ph. (231) 733-4040 • Fax (2~1) 739-4329
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CITY OF MUSKEGON
SURPLUS EQUIPMENT
Sealed bids will be received at
the Planning Department, City of
Muskegon, 933 Terrace St.,
Muskegon, Michigan, for the fol-
lowing surplus surveillance
equipment:
(1) Pelco DX2000 Series Digital
Video Recorder; 160 GB hard
drive with 8 camera inputs.
This item is being sold "AS IS - July 22-31, Jackson Ml
WHERE IS;' without warranty or
guarantee of any kind intended or
implied, including merchantability RaceWeek ;t.~
or fitness for a particular purpose. July 22-23
Each unit is the sole responsibili- 24 hours of go-kart racing exciremenr ar
ty of the purchaser from the Jackson Speedway
moment the unit is sold.
All units may be inspected and
bids accepted at above location 5~/e-Spectacular
and address between 8:30 a.m. July 23-24
and 4:30 p.m. Monday, July 25 Grass kicking sno'"'mobile drag racing action
through Friday, July 29, 2005. The
successful bidder will need to be
approved by the City Commission Friday Night.5!rul f'artr
and will be notified by telephone July 29
on Tuesday, August 2, 2005. Aurograph Session \virh IRL Drivers
Direct questions to Jon Witmer at Classic Car Sho\V
(231) 724-6702. J_~\:1A Go-Kart Challenge
The city reserves the right to
Indy Racing Live Stage
accept or reject any and all bids.
Indy Racing Driving Simulator
PUBLISH: July 22, 2005
RaccWi.::ck Fireworks Show
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July 31
400 miles of IRL ra<..'ing exciremem: at MIS
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JacksonRaceWeek.com
AGENDA ITEM No.
MUSKEGON CITY COMMISSION- August 23, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning Department c..Q(.
DATE: August 12, 2005
SUBJECT: Revocation of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
Annie Brown/Daryl Jefferson is in violation of Sec. 207.781 sec. 11 subsection (4) which states:
If the owner of the facility fails
to make the annual payment of the neighborhood ente1prise zone tax and
the ad valorem property tax on the land under the general property tax act, 1893 PA 206, MCL 211.1 to
211.157, the commission by order shall revoke the certificate. However, if payment of these taxes is made
before the revocation is effective, the commission, upon application of the owner, shall rescind the order of
revocation. Ifpayment of these taxes and any subsequent ad valorem property tax due on the facility is
made after revocation of the certificate, the commission, upon application of the owne1~ shall reinstate the
certificate for the remaining period of time for which the original certificate would have been in effect.
Annie Brown/Daryl Jefferson have failed to pay 2003 taxes for the property located at 1252
Adams Avenue whose parcel number is 24-941-099-0001-00. Approval or denial by the City
Commission is required 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 ce1tificate 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 NEZ certificate and have the Mayor and City Clerk sign the resolution
and submit it to the State Tax Commission.
COMMITTEE RECOMMENDATION
None.
0:\Planning\COMMON\NEZ\1252 Adams\Agenda ltem-revocation.doc
Resolution No. 2005-77 ( i)
MUSKEGON CITY COMMISSION
RESOLUTION TO REVOKE THE NEIGHBORHOOD ENTERPISE ZONE
CERTIFICATE # 99-001
WHEREAS, Annie Brown/Daryl Jefferson have not paid their property taxes for the property
located at 1252 Adams in the Marquette neighborhood, and;
WHEREAS, the applicant owes for property taxes for the parcel# 24-941-099-0001-00 for the
tax year 2003, which does not meet the eligibility ctiteria for a Neighborhood Enterprise Zone
Certificate;
NOW, THEREFORE, BE IT RESOLVED that the Neighborhood Enterprise Zone Certificate#
99-001 be revoked.
Adopted this, 23rd day of August, 2005.
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
Absent: None
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 23,2005 . By: ~c._j_ ~A.- ~
' Gail Kundinger, M~C
City Clerk
Commission Meeting Date: August 23, 2005
Date: August12,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development eJ6C
RE: Zoning Ordinance Amendment to the Zoning
Ordinance for Exempt Signs
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 8/11
meeting. The vote was unanlinous in favor of the amendment, with B. Mazade
absent.
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNJNG COMMISSION
REGULAR MEETING
August 11, 2005
Hearing; Case 2005-28: Staff initiated request to amend Section 2334 (Signs, #5), Article
XXIII (General Provisions) of the zoning ordinance, to amend the language on Exempt
Signs, to allow one additional flag per premise.
BACKGROUND
Staffbelieves that this was inadvertently omitted when the banner language was put in place a
couple of years ago. Due to the large number of requests from businesses to fly flags with
company logos or names, it seems appropriate to add it back to the ordinance under "Exempt
Signs". Re-lettering will be necessary to place it in the approptiate order on the list (see letter
I.).
NEW LANGUAGE
Deletions are emssed out and additions are bold.
I. Exempt Signs: The following signs, provided such signs are established in a lawful
manner and placed so as not to cause a nuisance or create a safety hazard, are
permitted without a permit: [amended 6/03]
a. One real estate sale and "For Rent" or "Lease" or construction sign per
property not exceeding eight (8) square feet in display area when
located within a residential district. For all other districts, one real
estate sale and "For Rent" or "Lease" sign per major bordering street
complying with the standards of Table II.
b. On-site political campaign signs not exceeding thirty-two (32) square
feet in display area. It is recminnended that they are not erected any
sooner than thirty (30) days prior to the scheduled day of election for
which they are made and removed within 10 days of the election.
c. "No Hunting", "No Trespassing", and on-premise "Garage Sale" signs
not exceeding four (4) square feet in display area.
d. On-premise directional signs approved as part of the site plan process
not exceeding two signs per road frontage and not exceeding six (6)
square feet in display area or four (4) feet in height. Not more than
twenty-five (25%) of the area of any directional sign may be devoted
to business identification or logo.
2
e. Signs identifYing a building's address and/or the names of the
occupants but not exceeding four (4) square feet in display area.
f. Historic markers, signs identifYing the names of a building or date of
erection of a structure.
g. Official notices of any court or public agency not exceeding twelve
(12) square feet in display area.
h. Window signs covering up to twenty five percent (25%) of the
structure's total window area.
1. Traffic control, directional, warning, or informational signs when
authorized by a public agency having appropriate jurisdiction.
J. Signs required by federal or state agencies in connection with federal
or state grant projects and programs.
k. The flags of government or nonconunercial institutions.
I. One additional flag per premise.
m. Banners for special events or sales, provided:
I) Banners must be made of plastic, vinyl or another similar
material of professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safety.
4) A business or institution with up to one 140 feet of frontage is
limited to (one) 1 banner of no more than 24 square feet.
5) A business or institution with between 141 and 280 feet of
frontage is limited to two (2) banners totaling no more than 48
square feet.
6) A business or institution with 281 feet of frontage or more is
limited to three (3) banners totaling no more than 72 square
feet.
n. Conununity promotional banners attached to poles located on City
property may be allowed by permission of the Zoning Administrator,
provided: [amended 2/04]
3
1) Banners must be made of plastic, vinyl or another similar
material of professional quality.
2) Banners must be neatly hung, taut and secure.
3) Banners may not pose a hazard to public safety.
4) An agreement will be in place with the owner of the pole.
DELIBERATION
I move that the amendment to Section 2334 (Signs, #5), Article XXIII (General
Provisions), to amend the language on Exempt Signs, to allow one additional flag per
premise, be recommended to the City Commission for (approval/denial).
4
CITY OF MUSKEGON.
MUSKEGON COUNTY, MICHIGAN
ORDINANCENO. 2161
An ordinance to amend Section 2334 (Signs, #5.) of Article XXIII (General Provisions)
of the Zoning Ordinance to amend the ordinance language regarding "Exempt Signs".
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2334 (Signs, #5.) of Article XXIII (General Provisions) is hereby amended regarding
the ordinance language for "Exempt Signs":
5. Exempt Signs: The following signs, provided such signs are established in a lawful
manner and placed so as not to cause a nuisance or create a safety hazard, are permitted
without a permit: [amended 6/03]
a. One real estate sale and "For Rent" or "Lease" or construction sign per
property not exceeding eight (8) square feet in display area when located
within a residential district. For all other districts, one real estate sale and
"For Rent" or "Lease" sign per major bordering street complying with the
standards of Table II.
b. On-site political campaign signs not exceeding thirty-two (32) square feet in
display area. It is recommended that they are not erected any sooner than
thirty (30) days prior to the scheduled day of election for which they are made
and removed within 10 days of the election.
c. "No Hunting", "No Trespassing", and on-premise "Garage Sale" signs not
exceeding four (4) square feet in display area.
d. On-premise directional signs approved as part of the site plan process not
exceeding two signs per road frontage and not exceeding six (6) square feet in
display area or four (4) feet in height. Not more than twenty-five (25%) of the
area of any directional sign may be devoted to business identification or logo.
e. Signs identifying a building's address and/or the names of the occupants but
not exceeding four (4) square feet in display area.
f Historic markers, signs identifYing the names of a building or date of erection
of a structure.
g. Official notices of any court or public agency not exceeding twelve (12)
square feet in display area.
h. Window signs covering up to twenty five percent (25%) of the structme's total
window area.
1. Traffic control, directional, warning, or infonnational signs when authmized
by a public agency having approptiate jurisdiction.
J. Signs required by federal or state agencies in connection with federal or state
grant projects and programs.
k. The flags of government or noncommercial institutions.
I. One additional flag per premise.
m. Banners for special events or sales, provided:
1) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatly hung, taut and secme.
3) Banners may not pose a hazard to public safety.
4) A business or institution with up to one 140 feet of frontage is limited to
(one) 1 banner of no more than 24 square feet.
5) A business or institution with between 141 and 280 feet of frontage is
limited to two (2) banners totaling no more than 48 square feet.
6) A business or institution with 281 feet of frontage or more is limited to
three (3) banners totaling no more than 72 square feet.
n. Community promotional banners attached to poles located on City property
may be allowed by permission of the Zoning Administrator, provided:
[amended 2/04]
1) Banners must be made of plastic, vinyl or another similar material of
professional quality.
2) Banners must be neatly hung, taut and secme.
3) Banners may not pose a hazard to public safety.
4) An agreement will be in place with the owner of the pole.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nayes: None
Adoption Date:____
Au_gu:;:.,_,s_t_2_3_,_20_0_5_ _ _ _ _ _ _ __
Effective Date: ____s_e_;_p_te_rru_be_r_6_,_20_0_5_ _ _ _ _ _ __
First Reading:_ _ _ _
Au-'gu=---s_t_2_3..:....,_2_0_0_5_ _ _ _ _ _ _ __
Second Reading:.___N_:/_A_ _ _ _ _ _ _ _ _ _ _ _ __
Commission Meeting Date: August 23, 2005 - Zoning Ordinance Amendment for Exempt Signs.
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
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 of Michigan of 1976, as amended, and that minutes were kept and will be or
:::::~made~v:i:: as requ~::ereby. ~
0 L
_ ~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
6
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 23, 2005, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 2334 (Signs #5.) of Article XXIII (General Provisions) to amend the
zoning ordinance language regarding "Exempt Signs".
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.
2-'/_'__,, 2005
Published ---.c!}'-'-""i"'f,""''""''""·I.LI_c..·... CITY OF MUSKEGON
v-'
By __~~~--~--~~-----
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
9
AGENDA ITEM No.
MUSKEGON CITY COMMISSION- August 23, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning DepartmentW---
DATE: August 12, 2005
SUBJECT: Revocation of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
Charles and Inez Johnson are in violation of Sec. 207.781 sec. 11 subsection (4) which states:
If the owner of the facility fails to make the annual payment of the neighborhood ente1prise zone tax and
the ad valorem property tax on the land under the general property tax act, 1893 PA 206, MCL 2 I I .1 to
21 I. I 57, the commission by order shall revoke the certificate. However, ifpayment of these taxes is made
before the revocation is effective, the commission, upon application of the owner, shall rescind the order of
revocation. Ifpayment of these taxes and any subsequent ad valorem property tax due on the facility is
made after revocation of the certificate, the commission, upon application of the owner, shall reinstate the
certificate for the remaining period of time for which the original certificate would have been in effect.
Charles and Inez Johnson have failed to pay 2000,2001,2002, 2003, and 2004 taxes for the
property located at 436 Catawba Avenue whose parcel number is 24-946-094-0064-00.
Approval or denial by the City Commission is required 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 NEZ certificate and have the Mayor and City Clerk sign the resolution
and submit it to the State Tax Commission.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\436 Catawba\Agenda Item~revocation.doc
Resolution No. 2005-78 (g)
MUSKEGON CITY COMMISSION
RESOLUTION TO REVOKE THE NEIGHBORHOOD ENTERPISE ZONE
CERTIFICATE # 94-064
WHEREAS, Charles and Inez Johnson have not paid their property taxes for the property located
at 436 Catawba in the Angell neighborhood, and;
WHEREAS, the applicant owes for property taxes for the parcel # 24-946-094-0064-00 for the
tax years 2000, 2001, 2002, 2003, and 2004, which does not meet the eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
NOW, THEREFORE, BE IT RESOLVED that the Neighborhood Enterprise Zone Certificate#
94-064 be revoked.
Adopted this, 23rd day of August, 2005.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
Absent: None
Gail Kundinger, MMC
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
meeting held on August 23, 2005. · By: rl c..& L
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
J.,. .,._ ~
Gail Kundinger, NiMC
City Clerk
AGENDA ITEM No. _ __
MUSKEGON CITY COMMISSION- August 23, 2005
TO: Honorable Mayor & City Commissioners
FROM: Planning Department cAOc.-
DATE: August 12, 2005
SUBJECT: Revocation of a Neighborhood Enterprise Zone Certificate
SUMMARY OF REQUEST
DLJ Mortgage Capital REO LLC is in violation of Sec. 207.781 sec. 11 subsection (4) which
states:
If the owner of the facility fails to make the annual payment of the neighborhood ente~prise zone tax and
the ad valorem property tax on the land under the general property tax act, 1893 PA 206, MCL 211.1 to
211.15 7, the commission by order shall revoke the certificate. Howeve1~ ifpayment of these taxes is made
before the revocation is effective, the commission, upon application of the owner, shall rescind the order of
revocation. Ifpayment of these taxes and any subsequent ad valorem property tax due on the facility is
made after revocation of the certificate, the commission, upon application of the owner, shall reinstate the
certificate for the remaining period of time for which the original certificate would have been in effect.
DLJ Mortgage Capital REO LLC has failed to pay 2000, 2001, 2003, and 2004 taxes for the
property located at 186 Mason Avenue whose parcel number is 24-946-094-0065-00. Approval
or denial by the City Commission is required 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 NEZ certificate and have the Mayor and City Clerk sign the resolution
and submit it to the State Tax Commission.
COMMITTEE RECOMMENDATION
None.
0:\Pianning\COMMON\NEZ\186 Mason\Agenda Item~revocation.doc
Resolution No. 2005-78(h)
MUSKEGON CITY COMMISSION
RESOLUTION TO REVOKE THE NEIGHBORHOOD ENTERPISE ZONE
CERTIFICATE# 94-065
WHEREAS, DLJ Mortgage Capital REO LLC has not paid their property taxes for the property
located at 186 Mason in the Nelson neighborhood, and;
WHEREAS, the applicant owes for property taxes for the parcel # 24-946-094-0065-00 for the
tax years 2000, 2001, 2003, and 2004, which does not meet the eligibility criteria for a
Neighborhood Enterprise Zone Certificate;
NOW, THEREFORE, BE IT RESOLVED that the Neighborhood Enterprise Zone Certificate#
94-065 be revoked.
Adopted this, 23rd day of August, 2005.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
Nays: None
Absent: None
Attest: ------'1~==-~~-=---c::.........:....:.____;r-:~
Gail Kundinger, MMC
City Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a tme and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 23, 2005.
Commission Meeting Date: August 23, 2005
Date: August 16, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Public Hearing to Review 2004-2005 Consolidated
Annual Performance Evaluation Report (CAPER)
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 CAPER developed by the Community and
Neighborhood Services department.
After the public hearing has been conducted and all the comments have
been documented, the CNS office request that the Commission direct
the CNS staff to submit the required documents to HUD 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 CAPER to HUD after the public comment
period has elapsed.
COMMITTEE RECOMMENDATION: None
DATE: August 12, 2005
TO: Honorable Mayor and Commissioners
FROM: Mark Kincaid, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN-050079 Address:
1538 Hudson. Commission tabled case 07/26/05.
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.
Case# & Project Address: #EN-050079, 1538 Hudson, Muskegon, Ml
Location and ownership: This structure is located on Hudson between W. Grand
and W. Southern and transfer of ownership from Terri L. Michael to Daniel
Ortega as of 05/31/05.
Staff Correspondence: Case began with a police report 01/25/05 where house
was found unsecured and trash throughout the interior. A dangerous building
inspection was conducted 02/02/05. Notice & Order was issued 02/09/05. Case
carne before the HBA and was declared dangerous, substandard, a public
nuisance on 04/07/05. Case forwarded to Commission on 07/26/05 and was
tabled until August meeting to allow new owner to decide what his options are.
Owner Contact: New owner, Mr. Ortega had an interior inspection conducted
08/04/05.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $17,300
Estimated cost to repair: $70,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, August 23, 2005.
0:\Inspections\Grabinski_Lorraine\Word\CC MEETIN GS\AGENDA -1538 Hudson(2 ).doc page I of!
Thursday, August 11, 2005
DANGEROUS BUILDING INTERIOR INSPECTION REPORT
Enforcement #EN050079 Property Address: 1538 HUDSON ST Parcel# 24-205-486-0008-10
Owner: Daniel Ortega
Inspection Type: Interior Bldg Inspector: Henry Faltinowski
Date completed: 08/04/2005
DEFICIENCIES:
Uncorrected
1. Honse to be rewired to meet 2003 MRC
2. Smoke alarms to be installed to meet 2003 MRC
3. Electric service to be replaced to meet 2003MRC
4. Inspect & Certify Chimney.
5. Plumbing & Mechnical to be to Mich 2003 Codes
6. Hot Water Heater & Furnace to be inspected & certified by license contractor.
7. Plumbing piping to be supported.
8. Gas piping to meet 2003 fuel gas code-Vent from Hot Water heater to chimney foamed must
meet 2003 Mich Mechanical code.
9.Vent fans in bathroom.
10. Remove all damage floor decking-repair replace all damaged floor joists.
11. Replace center beam and columns -to meet design loads- beam collapse.
12. Engineer structual design on foundation wall repair.
13. All framing meet MRC 2003.
14. Smoke alarms per code.
15. Egress windows per code.
16. Rafter investigation needed.
Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact
Inspection Services with any questions or to schedule an inspection at (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure meets
the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61
of the Muskegon City Code.
HENRY FALTINOWSKI BUILDING INSPECTOR DATE
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1538 Hudson
21212005
Inspection noted:
1. Foundation wall, replace, repair and provide requested interior inspection.
2. Fascia, soffit damage.
3. Broken windows missing.
4. Scrape- paint home or reside.
5. Chimney damage replace.
6. Replace window frames, rotted falling apart.
7. Replace front and back landings and stairs exterior.
8. Rafter damage, interior investigation requested.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1538 Hudson.doc
July 26, 2005
MICHIGAN
MUNICIPAL
LEAGUE
Michigan Municipal League Annual Meeting Notice
President (Please present at the next Council or Commission Meeting)
Margene Ann Scott
Councilwoman
Madison Heights Dear Official:
Vice President
Robert B. jones The Annual Convention of the Michigan Municipal League will be held in Grand Rapids,
Mayor, Kalamazoo September 20-23, 2005. The annual meeting is scheduled for 10:45 a.m. on Wednesday,
Trustees September 21, at the Amway Grand Plaza Hotel. The meeting will be held for the
Alex R. Allie following purposes:
City Manager
Huntington Woods
1. Election of Trustees. To elect six members of the Board oi Trustees for terms of
Vicki Barnett
three years each (see page 2).
Mayor
Farmington Hills
Kathleen Buckner
2. Policy. To vote on statements of policy and resolutions properly brought before
Mayor ProTem the annual meeting. All member cities and villages planning on submitting
Center line resolutions for consideration at the annual meeting are reminded that under the
Michael ]. Czymbor Bylaws, the deadline for receiving resolutions is August 22, 2005 (see page 2).
City Administrator
Milan
3. Other Business. To transact such other business as may properly come before the
Deborah l. Doyle
meeting.
Council member
Durand
Bnrbara Holt
Designation of Voting Delegates
Commissioner
Walker Pursuant to the provisions of the League Bylaws, you are requested to designate by action of
jerry lrby your governing body one of your officials who will be in attendance at the Convention as your
Mayor, Marquette official representative to cast the vote of the municipality at the annual meeting, and, if possible,
Kwame M. Kilpatrick to designate one other official to serve as alternate. After taking this action, please return the
Mayor, Detroit
enclosed reply card no later than September 1, 2005.
Michael N. Matheny
Mayor, Grand Blanc
Regarding the designation of an official representative of the member to the annual meeting,
Florence E. Schrader
Treasurer, Ubly
please note the following section of the MML Bylaws:
Clara Shepherd
Commissioner "Section 4.4- Votes of Members. Each member city and village shall be equally
Muskegon privileged with all other members in its voice and vote in the election of officers and
John C. Siiril upon any proposition presented for discussion or decision at any meeting of the
City Manager members. Honorary members shall be entitled to participate in the discussion of any
Wakefield question, but such members shall not be entitled to vote. The vote of each member shall
Glndys A. Solokis be cast by its official representative attending the meeting at which an election of
Mayor, Gaylord
officers or a decision on any proposition shall take place. Each member shall, by action
William R. Stewart of its governing body prior to the annual meeting or any special meeting, appoint one
City Manager
Coldwater official of such member city or village as its principal official representative to cast the
KarlS. Tomion
vote of the member at such meeting, and may appoint one official as its alternate
Ci ty Manager official representative to serve in the absence or inability to act of the principal
M idland representative."
John j. Zech
City M;mager
Wayne
Exec.utive Director
D<ll1iel P. Gilmartin
16 75 Green Road, Ann Arbor, Ml 48105 · Phone: 734-662-3246 • Fax: 734-662-8083 • www.mrnl.org
I. Election of Trustees
Regarding election of officers, under Section 5.3 of the MML Bylaws, six members of the Board of
Trustees will be elected at the annual meeting for a term of three years. The regulations of the Board of
Trustees require the Nominations Committee to complete its recommendations and post the names of the
nominees for the Board of Trustees on the bulletin board of the registration desk at least four hours before
the hour of the business meeting.
2. Statements of Policy and Resolutions*
Regarding consideration of resolutions and statements of policy, under Section 4.5 of the MML Bylaws,
the Board of Trustees acts as the Resolutions Committee, and "no resolution or motion, except procedural
and incidental matters having to do with business properly before the annual meeting or pertaining to the
conduct of the meeting, shall be considered at the annual meeting unless it is either (I) submitted to the
meeting by the Board of Trustees, or (2) submitted in writing to the Board of Trustees by resolution of the
governing body of a member city or village at least thirty (30) days preceding the date of the annual
meeting." Thus the deadline this year for the MML to receive resolutions is August 22"d.
"Every proposed resolution submitted by a member shall be stated in clear and concise language and shall
be accompanied by a statement setting for the reasons for recommending the proposed resolution. The
Board shall consider the proposal at a Board meeting prior to the next annual meeting and, after
consideration, shall make a recommendation as to the advisability of adopting each such resolution or
modification thereof."
The proposed 2005-06 Michigan Municipal League Policies and any new proposed Resolutions
recommended by the Board of Trustees for adoption by the membership are available on the MML
website*, to permit governing bodies of member cities and villages to have an opportunity to review such
proposals and delegate to their voting representative the responsibility for expressing the official point of
view of the member at the annual meeting.
The Board of Trustees will meet on Tuesday, September 20, at the Am way Grand Plaza Hotel in Grand
Rapids for the purpose of considering such other matters as may be requested by the membership.
* The proposed 2005-06 MML Policies are available on the MML website at http://www.mml.org/pdf/
approved_policies06.pdf. If you would like to receive a copy of the proposed policies by fax, please
call the League at 800-653-2483.
Sincerely,
~=s~
President
~f~
Daniel P. Gilmartin
Executive Director
En c.
2
OFFICIAL VOTING DELEGATES
ANNUAL BUSINESS MEETING
Michigan Municipal League
In accordance with the accompanying MML An nual Meeting Notice, each member city and village is to
appoint one Official Voting Delegate and one Official Alternate Voting Delegate to represent the city or
village at the Annual Business Meeting of the Michigan Municipal League.
The purpose of these instructions is to fami liarize the voting delegate, especially those officials serving in
this capacity for the first time, w ith the procedure to be followed during the Annual Business Meeting.
I. Only the Official Voting Delegate wi ll be seated in the area reserved for Voting Delegates.
If the Official Voting Delegate is not present, the Official Alternate Voting Delegate will take the
Delegate's place in the reserved area as the Voting Delegate. Therefore, each member city and
vi llage wi ll have only one person seated in the reserved area. All other municipal officials, and
a ll other Alternate Voting Delegates, may be seated outside the reserved area.
2. After the roll call of Voting Delegates, a member city or village whose Official Voting
Delegate or Alternate is not present will be given the opportunity to have a Voting Delegate
seated upon the approval of the Voting Delegates originally seated.
3. In general, Robert's Ru les of Order, Newly Revised, will govern the conduct of the Annual
B usiness Meeting. Parliamentary decisions will be made by the President of the League who will
preside at the Annual Business Meeting. The President w ill be assisted by a Parliamentarian.
Parliamentary decisions by the Chair, if challenged from the floor, are subject to be sustained or
overturned by a majority of the voting delegates.
4. The Bylaw governing the submission of policy resolutions provides:
Section 4.5 - Resolutions
A. No resolution or motion shall be submitted to debate or vote at the annual
meeting or any special meeting unless it is germane to the functions and
purposes of the League.
B. No resolution or motion, excepting procedural and incidental matters having to
do with business properly before the ann ual meeting or pertaining to the conduct
of the meeting, sha ll be considered at the annual meeting unless it is either ( l)
submitted to the meeting by the Board of Trustees, or (2) submitted in writing to
the Board of Trustees by official action of the governing body of a member city
or village at least thirty (30) days preceding the date of the annual meeting**.
C. Every proposed resolution submitted by a member shall be stated in clear and
concise language and shall be accompanied by a statement setting forth the
reasons for recommending the proposed resolution. The Board shall consider the
proposal at a Board meeting prior to the next annual meeting and, after
Ofncial Voting Delegates Annual Business Meeting Procedure Page 2
Michigan Municipal League
consideration, shall make a recommendation as to the advisability of adopting each such
resolution or a modification thereof. If time permits, each such resolution and the
recommendation of the Board shall be printed in the issue of the Michigan Municipal
Review.
**The deadline for receiving resolutions is August 22, 2005.
5. !fa Voting Delegate wishes to speak, the Delegate should rise and proceed to one of the
microphones available in the reserved area and after recognition by the Chair, may then speak.
Since the Annual Business Meeting is being recorded, each Voting Delegate who wishes to speak
for any reason, after being recognized by the Chair, should first announce the Delegate's name,
title and municipality slowly and clearly into the microphone.
A member of the Board of Trustees, an Honorary Life Member, or a Chair or a designated
member of a League Standing or Special Committee may speak on a question, but may not vote
unless serving also as a Voting Delegate. If a question is raised about a proposed policy or
resolution, or an amendment is offered and seconded, the Chair or designated member of the
proper League Standing or Special Committee or a member of the Board of Trustees will be
called upon to speak at an appropriate time to explain the Committee's views be(ore the vote is
put on the question. In addition, upon request of the Chair, a member of the League staff may
speak on a question. Any other person present may speak only with the approval of the Voting
Delegate body.
6. If a Voting Delegate who has been seated wishes to have the Alternate Voting Delegate from
the Delegate's city or village speak on an issue, the Voting Delegate should request, after being
recognized by the Chair, to be excused from the reserved area and that the other person be
permitted to take the Delegate's place temporarily or for the balance of the meeting. Upon being
excused by the Chair, the Alternate Voting Delegate may then take the Voting Delegate's place
in the reserved seating area and may speak and vote as the Official Voting Delegate.
7. The above procedure is necessary to assure that, in the event of a vote on a question by show
of hands or by voice vote of the Delegates, no city or village will have more than one person
seated in the reserved area
PLEASE RETURN BY SEPTEMBER 1, 2005
Our official representative at the Annual Business
Meeting of the Michigan Municipal League will be:
Name ____C_l_a_r~a~S~h_e~p~h~e~r~d~-----------------------------------
Title _____c_o_mm
__1_·s_s_1_·o_n_e_r_____________________________________
Our alternate official representative will be:
Name Gail Kundinger
Title Cit Clerk
0 ffic ia I action of governing body on _____,A~u,au=s.,_,t,___.2~3,_.,~2.,.0u.0":'5'------------
(date)
Submitted by _____Li='n-'-d~a~P'--o'--t_t~e-=r~------------------------------
Mun ici pal ity ______c_i_.t-=y__o-'f--'-M"-u=s.:.:k:=e:;;,g.::o:.:n'------------------------------
City Commission Meeting
Tuesday,August23,2005
To: Honorable Mayor and City Commissioners
From: Anthony L. Kleibecker, Public Safety Director
Date: August16,2005
Subject: Exterior Vehicle Cleaning
Summarv 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. A copy of the bid solicitation is attached along with
the bids received from each company.
Financial Impact:
None.
Budget Action Required:
None.
Staff Recommendations:
Based upon the bid proposals, we recommend that Van's Car Wash be awarded this
contract.
EXTERIOR VEHICLE CLEANING BID
Company Address Bid Proposal
1 Letavis Enterprises, Inc 8478 Miller Rd, Swartz Creek, Ml $ 2.99
2 Van's Car Wash, Inc 1230 W. Sherman Blvd $ 3.00
3 The Birdbath 2417 S. Getty St. $ 9.00
4 West Shore Wash 1931 E. Sherman Blv $ 4.50
\
•ACCEPTING BID'PROPOSALS
. FOR AUToMATED
EXTERIOR CLEANING
,,, OFPOLICE V.EHICLES ' STATE OF MICIDGAN ss.
,.;::Tl!a·City OfcMUskeg9n Pollee County of Muskegon
·Department is sollciting''bids for a
local company to·provide exterior
cleaning of its poliCe vehicles. Gary Ostrom being duly sworn deposes
Sealed bids will be accepted until
2:00pm on Tuesday, August16, and says that he is the Publisher of the MUSKEGON CHRONICLE, a
2005. newspaper printed in Muskegon County and circulated within the Counties of
Automated cleaning is to include
soap, wash, and rinse of the vehi· Muskegon, Ottawa, Newaygo, Mason, and Oceana; that the annexed notice was
cles exterior body, wheels, tires, duly printed and published in sa· MUSKEGON CHRONICLE
windows and mirrors/There are
approximately .35 vehicles in the for I) is to .§lly, on
police fleet; vehicles generally
require cleaning of no more than: '
the_ _2oQ_, and
twice ·per week. Billing is to be the , , 200__, and
monthly and will be paid by check
or direct deposit. The term of bid that said publication was continued during said time without any intennission
is two years. · or omission, and that he has a personal knowledge of the facts above set forth.
Bids shall be marked "Exterior
- ----"--=~ac~~
Vehicle Cleaning Bid" and shall
be submitted no later than 2!00
pm on August16, 2005 by hand
delivery or mailed to: City of ( - .
Muskegon, Clerks Dept., PO Box
536, Muskego0, Ml 49443-0536. Ut..·
and sworn to before me this / J day
Postmarks will not:be considered
having met the deadline require· of .A.D.200~
p all
ment.
bids.
tions,
·
callIf(231)
.
The City of Muskegon reserves
therighttoacceptorrejectanyor
you 724-6955.
have any ques- es
•• I MY-- . . . ___,. / . _..
~~==~~Acli'9~-~ln~tllo~Cou~nly~e:""'~~·~APR~IL~9~.;20~1~1
'"tiines, $ ~~N~o:tary:~Pu:b~b~c~,
. :M:u:s:ki:e:go:n~C~o~u:n~ty~,~M=ic:h~.
PUBLISH: July 11, 2005
West Sliore Wasli
Citgo/Quafity Car Wasli
1931 P,, Slierman (]3{vd'.
2204 (]fade Street
:Musf<sgon, 'MI 49444
(231)737-4300
August 11, 2005
City of Muskegon
Clerks Dept.
P.O. Box 536
Muskegon, MI 49443-0536
Re: Bid for Exterior Cleaning
To Whom It May Concern:
Thank you for your request for bid of exterior cleaning of
City vehicles. We have two locations to serve you, 1931 E.
Sherman Blvd., and 2204 Glade Street. Please accept the
following bid for all city vehicles, including police, fire, and city
at $4.50 each. Also, we would like to offer free small coffee or
fountain pop for police and fire only. If you have any
questions, please let me know.
Thank you,
CJf;-.L f1_____
Orrie Vela -----
President
Letavis Enterprises, Inc.
8478 Miller Rd. • P.O. Box 27 • Swartz Creek, MI 48473
(810) 635-7013 • Fax (810) 635-2207
August 12, 2005
Muskegon Police Department
980 Jefferson Street
P.O. Box 536
Muskegon,MI49443
Attn: Tolonda Robinson
RE: EXTERIOR VEHICLE CLEANING BID
Express wash for cars $2.99 each
Express wash for Blazers, Trucks, Vans, etc. $3.99 each
Thank you for giving us the opportunity to bid for servicing
your vehicles.
Sincerely,
£~
Ed Letavis
With 13 locations to serve you throughout Michigan
• 2417 S. GettyS!.
• Muskegon Hts., MI 49444
• (231) 206-0028 or (231) 737-5859
•
•
The BirdBath Auto Washing and Detailing
June 12, 2005
Muskegon Police Department
933 Terrace Ave.
Muskegon, M1 49442
Dear Sir or Madam:
This is a letter of proposal from The Birdbath Hand Wash & detail for the car
washing of your entire fleet of vehicles. The price will be $7.00 per car for exterior
cleaning on site.
The services that you'll be receiving is:
Exterior Cleaning: Soap and power wash exterior, clean
rims and tires.
Thank you,
The Bird Bath Auto Washing & Detailing
Darrice Vines
Owner
. . .• . . . . . . . . . . . . . . . . . . . . . . . . .
2417 S. Getty St.
Muskegon Hts., M149444
• (231) 206-0028 or(231) 737-5859
•
••
•
1heBirdBathAttto Washing and Detailing
June 12, 2005
Muskegon Police Department
933 Terrace Ave.
Muskegon, MI 49442
Dear Sir or Madam:
This is a letter of proposal from The Birdbath Hand Wash & detail for the car
washing of your entire fleet of vehicles. The price will be $9.00 per car for exterior
cleaning if you choose to come to our place of business.
The services that you'll be receiving is:
Exterior Cleaning: Hand wash and dry exterior, clean rims
and tires.
Thank you,
The Bird Bath Auto Washing & Detailing
Darrice Vines
Owner
.
. . . . . . .. . .... . . . . .. . . . . . . .
~
Car Wash & Quick l.ube
''Serving the Community for Over 30 Years"
August 05, 2005
The City of Muskegon Police Dept.
City of Muskegon
Clerks Dept. P.O. Box 536
Muskegon, Michigan 49443-0536
Exterior Vehicle Cleaning Bid
Van's Car Wash Inc. will do hand prep entire vehicles with automatic cleaning (exterior body,
underbody, wheels, tires, windows and mirrors) for $3.00 per car. Thank You.
,tP,~T,IY~
~;-Glover Office Manager
Van's Car Wash
dkg
1230 West Sherman Blvd. • Muskegon, MI 49441• (231) 759-7777
1600Whitehali Rd. • North Muskegon, MI 49445 • (231) 744-4831
2226 Apple Ave. • Muskegon, MI 49442 • (231) 767-0622
CONTRACT
OPERATION OF EXTERIOR CLEANING
City of Muskegon and Van's Car Wash have entered into this contract following submission
of a bid. The bid by the Operator complied with the request of service will continue to be
a material part of this contract and require continued compliance.
Contract, made and entered into this 24th day of August, 2005 by and between the CITY
OF MUSKEGON, municipal corporation, of Muskegon County, Michigan hereinafter
referred to as the City, and Van' Car Wash hereinafter referred to as the Operator.
Whereas, Operator did on the 16th of August, 2005 submit a proposal for the exterior
cleaning of police vehicles as set forth in the bid proposal for two-years commencing on the
1st day of September, 2005 and ending on the 31st day of August, 2007.
Now, therefore, it is agreed by and between the City and Operator as follows:
1. Statement of Work. Operator shall hand prep entire vehicles followed by automated
cleaning of soap, wash, rinse of vehicles exterior body, wheels, tires, windows and
mirrors for approximately 35 vehicles requiring no more than twice per week
cleaning.
2. Charges. During said two-year period, Operator shall charge the City $3.00 per car
per cleaning. Operator is to bill the City on a monthly basis. Operator will be paid
by check, direct deposit or credit card.
3. Arrointment by City. City herewith appoints Operator and the Operator's facilities
at 1230 W. Sherman Blvd and 2226 Arrle Ave as the vehicular exterior cleaning
locations during the term of the contract or until the City/Operator revokes the
appointment.
Page2
Exterior Contract
August 24, 2005
4. Revocation of Appointment. The contract may be cancelled on the part of the City of
Muskegon by giving forty-eight (48) hours written notification addressed to the
Operator and sent by ordinary mail to the Operator's address as shown on the
proposal. The contract may be cancelled if, in the sole judement of the Chief of
Police, the Operator has not performed according to the specifications.
The contract may be cancelled on the part of the Operator by giving sixty (60) days
notice in writing to the Chief of Police.
5. Non-Assignability. The appointment as set forth in Section 3 of the contract is
personal to Operator and cannot, in whole or in part, be subcontracted or assigned
without the prior written consent of the City.
6. Nondiscrimination. The operator shall be required to observe and comply with all
laws and policies, Federal, State and local, regarding discrimination based on race,
color, creed, nationality, handicap, sex, height, weight and other such factors set
forth for protective parties.
In witness whereof, the parties hereto have caused this contract to be executed in two
original counterparts on the day and year first above written.
WITNESSES:
By: ~L...l~
C f Anthony L. K.letbecker
City of Mus Police Department
CITY COMMISSION MEETING
Tuesday August 23, 2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: August 10,2005
SUBJECT: Purchase of Replacement Body Armor
SUMMARY OF REQUEST:
As stated in my memorandum to the City Manager (attached), we received notice from
Second Chance Body Armor on June 23'd 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.
Muskegon Police Department
Anthony L. Kleibecker
Director of Public Safety
980 Jefferson www.muskegonpolice.com Phone: 231-724-6750
Muskegon, Michigan FAX: 231-722-5140
49443-0536
MEMORANUDM
TO: Mr. Bryon Mazade
City Manager
FROM: Anthony L. Kleibecker
Director of Public Safety
CC: Mr. John Schrier
City Attorney
DATE: August 10,2005
SUBJECT: Replacement of Police Department Body Armor
On June 23'd of this year, I received correspondence from Second Chance Body Armor. In their
letter, Second Chance advised those agencies who are currently wearing body armor
manufactured by Second Chance that vests that rely partially on a fabric known as Zylon "may
be subject to unexpected failure". We have been monitoring this situation for many months.
Previously, Second Chance had advised agencies that vests made totally of Zylon could fail. Our
current vest, the Tri-Plex, is one of the models that are a mix of materials, including Zylon.
In the same letter, Second Chance advised that this situation had forced the company into a
bankruptcy reorganization proceeding and that they had petitioned the bankruptcy court to
approve a procedure that would allow newly affected agencies, such as our, to present a claim.
Based upon this notice we immediately began a process of seeking out a replacement vest with
two criteria in mind. First, the vest must be custom fit. This is essential for the safety and
comfort of our officers. Second, it must meet the national standard of Level II protection. We
identified two vests that met these criteria. The first, GatorHawk, is available through Nye
Uniform. The second, First Choice, is available through Michigan Police Equipment. Both
vendors currently serve this department.
Both vendors provided us with vests to field test. The vest from GatorHawk was described as
being very stiff. While it did soften after some wear, the officers also stated that it did hinder
some movement. The feedback from the First Choice was all positive. We have also received
information that the Holland Police Department is utilizing First Choice and is pleased with this
vest. The quoted prices from the companies are as follows: GatorHawk: $425 per unit and First
Choice: $398 per unit.
Based upon this information, I am recommending that we move forward with purchasing 80
units of the First Choice vests. I suggest that we utilize State Criminal Forfeiture monies and this
purchase does meet the criteria for this expenditure. We currently have $69,000 in this account.
Utilizing $32,000 for this purchase will leave a remaining balance of approximately $37,000.
In regards to potential legal proceedings against Second Chance, a class action lawsuit in regards
to this issue was filed some time ago. A proposed settlement in the amount of $29,000,000 has
been reached against the manufacturer of the Zylon, Toyobo and Toyobo America. A hearing
has been scheduled for September 25, 2005 in Mayes County, Oklahoma to determine the
settlement. We do qualify as a class member and have registered as such. According to the
court papers that we have received, we stand to receive a $25 voucher for each of our TriPlex
vests.
I will keep you and Mr. Schrier posted on the outcome of the hearing, as we receive the
information.
I have attached a memo to the City Commission recommending the purchase of the First Choice
vests. It is my recommendation that we discuss this at the August 23 rd meting as our price quotes
are good until mid-September.
If you have any questions, please don't hesitate to contact me.
Commission Meeting Date: August 23, 2005
Date: August 16, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CJ8G
RE: Sale of Parcel in Seaway Industrial Park
SUMMARY OF REQUEST:
To approve the sale of Lot #6 in Seaway Industrial Park (see attached map) to Wood
Trucking Company, 2540 Lakeshore Drive, Muskegon, Ml 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 Sappi plant. They plan to
invest $100,000 in a 4,000 sq. ft. building, plus a parking lot. Presently they employ 15-22,
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 is located in a Renaissance Zone, will still generate City of
Muskegon income tax.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution, deed, and all other necessary documents.
COMMITTEE RECOMMENDATION:
Resolution No. 2005-81 (e)
:MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A LOT #6 IN SEAWAY INDUSTRIAL PARK TO
WOODTRUCKmGCON.WANY
WHEREAS, the City of Muskegon has ownership of the property known as Lot #6located in Seaway
Industrial Park, Muskegon, Michigan, designated as parcel numbers 24-895-001-0006-00; and
WHEREAS, Wood Trucking Company, 2540 Lakeshore Drive, Muskegon, MI, has made a
legitimate offer to purchase the subject property; and
WHEREAS, both the Seller (City ofMuskegon) and Buyer (Wood Trucking Company) agree to the
terms of the purchase as outlined in the attached development agreement; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further
maintenance costs; and
WHEREAS, the redevelopment ofthe subject property is consistent with the City's objective of
development of Seaway Industrial Park.
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves the sale of
the property known as Lot #6 to Wood Trucking Company for the sum of$61,000.
See attachment A for property description.
Adopted this~ day of August, 2005
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
Absent None
ATTACHMENT A
CITY OF MUSKEGONPT OF BLK 1 AND PT OF THE V AC ALLEY IN SD BLK 1YOUNG
& WILLIAMS ADDNCOM AT THESE COR OF THE NW FRL 114 OF SEC 31 TlON
R16WTH N OOD OOM OOS E 795.00 FT ALG THEE LN OFSD NW FRL 1/4TH S 89D 40M
OOS W 33.00 FT ALG THEN RIW LN OF DELANO AVE AND ITS EXTENSION IN
SDYOUND & WILLIAMS ADDN FOR POBTH S 89D 40M OOS W 274.43 FT ALG SD R/W
LNTH N OOD OOM OOS W 251.00 FT ALG THEE R/WLN OF W AALKES STTH N 89D 43M
30S E 274.43 FTTH S OOD OOM OOS E 250.78 FT ALG THEW R/WLN OF PARK AVE TO
POB.
CERTIFICATION
2005-Bl(e)
I hereby certifY that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County ofMuskegon, Michigan at a regular meeting held
on August 23, 2005.
\. · \.J_ YOUNG ST .. • ·. ;I jt
r ,'\',~~~ --"·~- -- -:..-.:::~L~,---:~-:----~- -- ~- --~utl
LEGEND
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en . . ·' - - .... ' ........ l.t .,..... 1(1; EXISTINC CAS WAIH
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EXISTINC STORW SEitoER
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3.6 AC. :IE .' j Jl, I EXISllHC SA~jjlAfiT SCVI(R
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-----1:. ------/·1·
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PROPOSED S~U SE'II£R
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i -- ------ _;l ------------ 1 i. PRoPOSED SAHIT.lR'I' S£\IIER
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~-·
~-·.-:=-=.~---==---:r-- ..
-----cc-.-.--'-]1-~1 HACKLEY AVE
0.7 AC
---~~~~-~~=:_~_ --.------- 7.3.::.= ------
-\;-----.c--- -7:--cco
-------~~ CITY OF MUSKEGON
I I ' . I . WUSI<(GCN COUNTY, IIIQQC»>
I ' \
'\'\
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0 100' 200' 400"
SEAWAY INDUSTRIAL PARK
SCALE: 1• = 200'
~of
.
"\ 1~11·01
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.
-~re rtft".V g~;~b" , r.;lr'"s'"ig-",-,""'is-o""'t"'"h,.:.r.,t'"h•-n""'t"'"h_e_m_v.:.ne'-r-,p-r'"in.,.t-11-.,-",-."-d'"t"'"it""le-.------,
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<! address is 2540 Lakeshore Drive, Muskegon, Ml 49441
the following described premises situated in the City of Muskegon, County of Muskegon, and State of Michigan:
Parcel 6:
Part of Block l and part of the vacated alley in said Block I, Young & Williams Addition, according to the recorded plat
thereof as recorded in Liber 3 of Plats, Page 39: Commence at the Southeast comer 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 fractional 1/4; 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 ofWaalkes 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 13eginning.
also known as Property Address: Lot 6 Seaway lndust. Pk, Muskegon, Ml 49441
for the full consideration of: Sixty One Thousand and 001100 ($61,000.00) dollars
Exempt under MCL 207.505(h)(i) Exempt under MCL 207.526(h)(i)
subject to easements and building and use restriction of record
Dated this October 7, 2005
Signed by:
City of Muskegon
State of Michigan.
County of Muskegon
The foregoing instrument was acknowledged before me this October 7, 2005 by
/
Lonna Anguilm, Planner III "/
·./ /
City of Muskegon, a Michigan Municipal Corporation.
//
// 7
Notary Public,~~~~~-· County,
Michigan
My commission expires: -~~~~~-
KATHY R. HARRIS, N<iTARyiUBUC
Acting in the County of Muskegon MUSKEGON COUNTY, SWE OF MICIIIGAN
MY COMMISSION EXPIRES 1-17-2007
When Recorded Return To: Send Subsequent Tax Bills To: Drafted By:
Eastwood Development, LLC Grantee C&A Commerical
2540 Lakeshore Drive 525 W. Norton Avenue
Muskegon, Ml 49<1,11 Muskegon, Ml 49444
Tax Parcell/ Recording Fee$-~-- Transfer Tax
"TYPE OR PRINT NAMES UNDER SIGNATURES.
Harbor Title Agency, Inc.
955 W. Broadway Avenue
Muskegon, Ml 49441
Seller Statement
I 0/07/2005
Escrow No: I 00538869
Seller: City of Muskegon, a Michigan Municipal Corporation
933 Terrace, P.O. Box 536
Muskegon,Ml 49443
Purchaser: Eastwood Development, LLC
2540 Lakeshore Drive
Muskegon, Ml 49441
Property Address: Lot 6 Seaway Indust. Pk Muskegon, Ml 49441
Lot 6 Seaway Indust. Pk
Muskegon, Ml 4944 I
Debits Credits
Contract Sales Price $61,000.00
Commission Paid at Settlement to C&A Commerical $6,100.00
Settlement or closing fee to Harbor Title Agency, Inc. $125.00
Title insurance to Harbor Title Agency, Inc. $479.00
Sub-totals $6,704.00 $61,000.00
Balance Due To Seller $54,296.00
1/We hereby acknowledge receipt of this statement.
City of Muskegon
by:·' . ()
its: (J I.Jt-. 1..;; .- ~-
TilE UNDERSIGNED, by the execution hereof, hereby (i) acknowledge that they have read the above and foregoing Closing Statement, (ii) acknowledge that the same
is true and correct, and {iii) authori:w and direct the Closing Agent to receive all amounts 1111d disburse all amounts pursuant to the foregoing Closing Statement.
It is mutually understood and agreed the taxes arc estimated and in case of adjustment same will be made between the parties hereto. The Closing Agent is relieved of
any responsibility with the adjustment of said taxes.
CLOSING AGREEMENT
Property Address: Lot 6 Seaway Jndust. Pk, Muskegon, Ml 49441
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS, that, Ifwe, as Sel\er(s), for valuable consideration, receipt of which is acknowledged,
have bargained and sold and do grant and convey to the Buyer(s), in an "AS IS" condition with no warranty, either expressed or
implied, the following goods and chattels: All items listed in the Purchase Agreement together with the following: NOT
APPLICABLE- VACANT LAND
ACCEPTING PROPERTY
Buyer(s) understand and acknowledge, that he/she (they) is/are buying the property in an "AS IS" condition and that neither the
Sel!er(s) nor Realtors make any warranties as to the structure(s) located upon the land purchased or the condition thereof. We agree to
hold hannlcss the listing and/or selling broker, and/or their agents, the lender, and Harbor Title from any liability conceming this
matter.
BUY AND SELL RESOLUTION
It is agreed, between the Buyer(s) and Seller(s) of this property, that ali contingencies and addenda to the offer to purchase thereto,
have been met or are hereby resolved or removed to the satisfaction of the parties concerned. We agree to hold hnmtless the listing
and/or selling broker, and/or their agents, the lender, and Harbor Title from any liability concerning this matter. Buyer will be
responsible for all the taxes billed after the date of closing.
SELLERS AFFIDAVIT
The undersigned Seller(s) represent and warrant to the Duyer(s), and Harbor Title that l/we have no knowledge of any proceedings
instituted or taken by anyone which will result in a lien or special assessment upon the premises. That !/we have no knowledge of any
delinquent taxes, special assessments, water bills, utility bills, furnished or financed insulation, or Homeowners Association fees
covering subject property, except as follows:
Seller(s) further agree that in the event it is detennined there are unpaid fees for any of the above specified items for amounts due and
payable prior to and including the date of closing or which become due after the date of closing, and which are the responsibility and
obligation of the Seller(s), that the Sellcr(s) shall pay any and all amounts as so charged as their obligation and responsibility during
the time they had possession of said property, ~md shall provide proof of payment of same to listing and selling broker, Harbor Title
and Buyer(s) of said property.
Se!lcr(s) have not undertaken, within the past three (3) months, to have any work perfonned or materials furnished to the premises,
which could give rise to any claim of a mechanic's lien against the premises.
Seller(s) further agree to pay any final water/sewer hills charged as their obligation and responsibility during the time they
had possession of the property and shall hold harmless the lender, the Selling/Listing Realtors and Harbor Title from any
linbility concerning this matter.
The foregoing closing agreements are hereby accepted and approved.
Date: October 7, 2005
Se!ler(s) Buyer(s)
City of Muskegon Eastwood Development, LLC
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by:
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by: Michael
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Hylland
its: its: Managing Member
NOV-4-2005 10: 29A FROM: CHRYSTAL AI,DERSOI' C231 l739-9331 TO: 7551578 P.2
Au~ 18 Oo 03118p Ci~~ of Musk~gon Planning 231 72i 6790 p.2
m:vf:LOPMENT AGREEMENT
CITY OF MUSKEGON RENAISSANCE ZONE
THIS rs AN AGREEMENT between the CITY OF MUSKEGON, a municipnl
corporation, of 933 Ttrrolce Str~el, Muskegon, Micbigllii 4944l ("City") and WOOD
'J'RUCK.!NG COMPANY., a ,0''-"''"'"N co<poraliun, of 2540 Lakeshore Drive, Musl<egon,
Michignn (49441) ("Company") ~ f. ..,.,..,""~ i>~<A~•f''•w•, LL'- 1 A """-"'"""'' i..LG
Recital~;
A The City has established a Renai~~ance Zone. The Company desires to acquire
property wilhin the Renaissance Zone. The City deems this Agreement to constitute a necessary
dement in the City's t.ltltermination regarding the location of Company in the Renaissance Zone.
B. The Company intends to acquire real property, construct a building and re-locato
its business into a Renoissnncc Zone. The Complllly understand~ that the City relics upon thv
assurances of the Company in thi.~ Agreement. a.~ an inducement to sell ccttain reAl property.
NOW THEREFORE TIIE PARTIES, INCORPORATING THE ABOVE RECITAL-;;,
AGREE:
1. UOCUMiiNTS ATTACHED. l.ncluded in this Agreement w-e the lollowin~
docwncnts which have been collected und rcli~d upon by the parties:
1.1 F.xhihit containing Site/l:luilding requirements for this project applying
Article VII of the Development Agreement Policy.
1.2 R~al Estate Purchas~ Agreement.
2. COMl'ANY AGR.IJEMENT. The Company agrees to the following comnutments
which it shall perform in a timely and rcawn~bly ~cct:pl~blr: matuJer;
2.1 Execution CJf the Re11l .Estllte Purchase Agreement attllchcd as Exhibit A,
simultaneously with execution of this agree111ent, and delivery nfboth to the City.
2.2 Cons\fuclion ol'buildin~~ as inuicall:d in Exhibit B subj~ct lo review und
modification by the City !')arming Conunission and/or Ciry Conunission. The desig.l ami
llmdscaping of the site shall be subjc.::t to the approval of the City, whic;h ~hall rcH~<.mably
npply its :-:oning, ~ite plan and other land IIBe requirements.
2.3 Th(l investment in the amount of f::u4 1-lv..wea T~ollars ($fCO.L-c.trr>)
(tllc "lnvcstmcnt Objective").
0:\PieflflU'lQ\COMMON\Gcon. O~vl.f'IOI)I.1rly $t~ll:~~t~wtty htdu~lrltt! P~rk\Lut N8\Wood Trucking dov. agrllomanl.doc
I
.:..~- ., . t 11 II I I'll
HOV-4-2005 10:30R FROM:CHRYSTAL AHDERSOH (231!739-9331 T0:7551578 P.3
Au~ lB 05 03:l9p Cit~ oF Muskegon Plannin~ 231 724 6780 p.3
2.4 The retention ol' at least 10 (ten) jobs (the "Employment Objective")
within the first thn:c (3) years of operation. This number may include the translcr of jobs
front other municipalities.
2.5 The closing of the purchase of the properties descrihed in tl1e Real F.stote
Purchase Agreement (the "Properties").
2.6 Cooperation with City n.:prv~~ntativ~s to sttpply all r~t[uested and required
documentation necessary in the City's reasonable judgment to Jct~rminc compltancc with
the undertakings set forth iu this Agreement and its attacbmonts.
2. 7 The Company shall take all required to avoid the release of prcc~utions
any hnznrdous substance in violation of any environmental law on it~ premi~es, and ~hall
report any releases to the appropriate authority in a timely and complete manner llS
rc\juim.l by law, providine: copi~~ of ~aid documenlution to the City. Subject to its rights
to contest any proposed orders and actions, the Company shall comply with all ordcrs ami
actions of any govemmental ngoncy having authority.
2.8 During the entit·c period for which the Renaissance Zone is in effect, tho
C:omp11ny shall mnintnin the improvem~nts so as to minimize physical or functional
obsolescence.
3. Governing Law. This Agreement shall he construed :md enforced in accordance
with the Laws of the Stale ofMulhigan applicable to contractt; maJc ami to be pcrformctl within
the State of Michigan, nnd in particular the: Renaissance Zone Act of the State, as amended.
4, Counterpart$, 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 b<o:ndit of th"
respective parties, their succossorn a.ud personal representatives. Tile Company shall 11avc U1c
right to W>sign 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·(
I
0.\1 ~U11Flblg\C0MM0N\twu. O~vV'rUpt!tlyS2!lt:#\SH21way lndulil.rial Park\Lat t/G\Waod Truc"Jng dsv- AIJN'JOOlMt.doo
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<chlgan Department ol Trnnsportatlon
939 3rd Street, Muskegon
Celebrates
~ ~~' t Years
' ·, ·u 1so5 •2oo5
OF TRANSPORTATION
Speakers E. Apple Ave.
Dr. Patricia Collins, Ms. Ann
Williams and Ms. Doris Wilson
..: E. Laketon Ave.
Check-in 5:15-5:45 p.m., the meeting 0------~
>.
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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