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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 14, 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:
A. Beverly Straley.
o INTRODUCTIONS/PRESENTATION:
A. 2005 Interns. AFFIRMATIVE ACTION
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display - Summer Celebration and Greek Festival. CITY
CLERK
C. Appointment to the Leisure Services Board. CITY CLERK
D. Sale of Buildable Vacant Lot at 1259 Marquette. PLANNING &
ECONOMIC DEVELOPMENT
E. Amendment to Muskegon Township Water Agreement. CITY MANAGER
F. Appointment to Veteran's Memorial Park Committee. CITY MANAGER
G. Letter of Support from Mayor and Commission for After-School Program
(CLEAR). COMMUNITY & NEIGHBORHOOD SERVICES
H. MDNR Agreement for Phase 1 of the Bike Trail. ENGINEERING
o PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District 790 Terrace.
PLANNING & ECONOMIC DEVELOPMENT
B. Request to Issue an Obsolete Property Certificate - 790 Terrace.
PLANNING & ECONOMIC DEVELOPMENT
C. Spreading of the Special Assessment Roll for McCracken. Sherman
Blvd. to Lakeshore Dr. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Engineering Services Agreement for City Center Project. CITY
MANAGER
B. Resolution to Submit Urban Land Assembly Loan Application Related to
Former Mall Site Redevelopment. PLANNING & ECONOMIC
DEVELOPMENT
C. Tentative Aareement Reached with Muskegon Firefighters Union.
ASSISTANT CITY MANAGER
D. Establishment of Defined Contribution Retirement Plan with MERS.
FINANCE
E. Rejection of Bids: Demolition of the Muskegon Hotel. PUBLIC SAFETY
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.
J> 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 GAlL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724·4172.
Date: June 14,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, May 24, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 14, 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 5:30p.m., Tuesday, June 14,2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
of the Word of Truth Outreach 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 Chris
Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-50 HONORS AND AWARDS:
A. Beverly Straley, Mayor Warmington presented Beverly Straley's family with
a resolution to recognize her years of service.
2005-51 INTRODUCTIONS/PRESENTATION:
A. 2005 Interns. AFFIRMATIVE ACTION
Ken James introduced the 2005 Interns.
2005-52 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting
that was held on Tuesday, May 24, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display- Summer Celebration and Greek Festival, CITY CLERK
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval of fireworks
display permits for Muskegon Summer Celebration on July 4th, and 1Oth; and for the Big
Fat Greek Festival on July 30th. They will be set off from the Barge at Heritage Landing.
Fire Marshall Metcalf will inspect the fireworks on the day of the events.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and
approval of the insurance.
C. Appointment to the Leisure Services Board. CITY CLERK
SUMMARY OF REQUEST: To appoint Greg Roberts to the Leisure Services Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointment.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended the appointment at their June 6th meeting.
E. Amendment to Muskegon Township Water Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve an amendment to the Muskegon Township Water
Agreement, to allow the Township to delay installing secondary power at the Harvey
Street Reservoir.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment.
F. Appointment to Veteran's Memorial Park Committee. CITY MANAGER
SUMMARY OF REQUEST: To appoint a City representative to a committee to oversee
budget and maintenance of Veteran's Memorial Park. The committee is made up of
a representative from the City of Muskegon, County of Muskegon, City of North
Muskegon, and Muskegon Veterans (non-voting). The committee is a provision of the
agreement between the three political jurisdictions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To appoint the City Manager as the City's representative
on this committee and appoint the City Manager's designee as the City's alternate
representative.
G. Letter of Support from Mayor and Commission for Atter-School Program
(CLEAR). COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the Mayor and the City Commission to give a letter of
support for a technical assistance grant for after-school programming for the
Muskegon Public School System through the National League of Cities. Several studies
have revealed the importance of after-school programs to future economic
development as well as a deterrent to negative activity by youth. National crime data
reveals that between the hours of 3 to 6 PM to be when most young people are most
likely to commit and become victims of crime. That is also the time when young
people are most likely to engage in risky behaviors. If the Mayor and Commission
agree to support this grant application, the CNS Office working with the Muskegon
Public Schools will prepare the grant application and have it delivered to the National
League of Cities by the due date of June 17, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To supply the CNS Office with a letter of support endorsed
by the Mayor and City Commission.
H. MDNR Agreement for Phase 1 of the Bike Trail. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDNR for the construction of
Phase I of the bike trail from Heritage Landing to McCracken St. and authorizing the
Mayor and City Clerk to sign the contract and approve the resolution.
FINANCIAL IMPACT: MDNR's participation will be at 28% of the total cost which is
estimated at $1 ,800,000 but not to exceed $500,000 of eligible costs as outlined in the
agreement. The reminder of the cost will be from local funds and a $799,000 of federal
funds in the form of an enhancement grant. Agreement for the federal grant will be
forth coming in the near future.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
I. Contract for Independent Audit Services. FINANCE
SUMMARY OF REQUEST: Whether to seek competitive proposals at this time for the
City's audit. Historically, there have been at least two in-city firms competing for the
City's audit work as well as firms from as far away as Grand Rapids and Saginaw.
STAFF RECOMMENDATION: That Brickley, Delong be selected as the City's
independent auditor for the fiscal years ending December 31, 2005, 2006, and 2007.
J. Appointment to City Employees Pension Board & Police and Fire Retirement
Board. CITY CLERK
SUMMARY OF REQUEST: To appoint Ruth Anderson to the City Employees Pension
Board and the Police and Fire Retirement Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: This was recommended for approval at the June
13th Commission Worksession.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
consent agenda as read with the exception of item D.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
2005-53 ITEM REMOVED FROM THE CONSENT AGENDA:
D. Sale of Buildable Vacant Lot at 1259 MargueHe. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1259
Marquette Street (Parcel #24-611-000-0482-00) to Garry & Earnestine Gaines, 881 Getty
Street, Muskegon, MI. The lot is 116.45 x 132 ft. ( 15,371.40 sq. ft.) and is being offered to
Garry & Earnestine Gaines for $11,000 ($9,000 for the lot and $2,000 to the realtor).
Garry & Earnestine Gaines will be constructing a two story, three bedroom, single
family home with an attached garage, which will comply with the City's Policy for Sale
of City-Owned Residential Property. The True Cash Value (TCV) for the property listed
in the Assessor's Office is $12,000, and our price is set at $9,000 which is 75% of that
amount. The reason that the price is $11 ,000 is because this is part of a construction
loan. The City will receive $9,000 for the property per policy. The realtor, at the time of
closing, will receive $2,000. The realtor fees are not paid by the City, but by the
purchaser.
FINANCIAL IMPACT: The sale of this lot for construction of 1 (one) new home will
generate additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
sale of the buildable vacant lot at 1259 MarqueHe.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis.
Nays: None
MOTION PASSES
2005-54 PUBLIC HEARINGS:
A. Request to Establish an Obsolete Property District- 790 Terrace. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Promised Land Associates, 420 Carmen Street, Spring Lake, Ml 49456, has
requested the establishment of an Obsolete Property District. The district would be
located at 790 Terrace Street, Muskegon, MI. This project will consist of rehabbing this
building into a restaurant/banquet hall. Total capital investment for this project is
$1 ,200,000. The project will result in the creation of 40+ new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete
Property District for 790 Terrace Street, Muskegon, MI.
The Public Hearing opened at 5:47 p.m. to hear and consider any comments from the
public. Spencer Norman and Ciggzree Morris, developers, explained the rehabbing of
the building.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to close the public
hearing at 6:00 pm and approve the request to establish an obsolete property district
at 790 Terrace.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron.
Nays: None
MOTION PASSES
B. Request to Issue an Obsolete Property Certificate- 790 Terrace. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of
2000, Promised Land Associates, 420 Carmen Street, Spring Lake, Ml 49456, has
requested the issuance of an Obsolete Property Certificate for the property located at
790 Terrace Street, Muskegon, MI. Total capital investment for this project is $1,200,000.
The project consists of a restaurant/banquet hall that will also feature live
entertainment. This project will result in the creation of 40+ new jobs in the City.
Because of these new jobs, and the amount of investment, the applicant is eligible for
a 12 year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property
Certificate for 790 Terrace Street, Muskegon, MI.
The public hearing opened at 6:01 p.m. to hear and consider any comments from the
public. No comments were heard.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to close the public
hearing at 6:05 pm.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson.
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
request to issue an obsolete property certificate at 790 Terrace.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd.
Nays: None
MOTION PASSES
C. Spreading of the Special Assessment Roll for McCracken, Sherman Blvd. to
Lakeshore Dr. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the special
assessment for McCracken Street, Sherman Blvd. to Lakeshore Dr., and to adopt the
resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $155,377.45 would be spread against seventy-five (75)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt the
resolution.
The public hearing opened at 6:08 p.m. to hear and consider any comments from the
public. Comments were heard in opposition from Steve Holderman, 2011 LeTarte and
Diana Smith, 2169 McCracken.
Motion by Commissioner Carter, second by Vice Mayor Larson to close the public
hearing at 6:14 pm and spread the Special Assessment Roll for McCracken Street,
Sherman Blvd., Lakeshore Dr.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro.
Nays: None
MOTION PASSES
2005-55 NEW BUSINESS:
A. Engineering Services Agreement for City Center Project. CITY MANAGER
SUMMARY OF REQUEST: To approve an amendment to the Engineering Services
Agreement with Fleis & Vandenbrink for the City Center Project. The scope of the
project has changed significantly and requires an increase.
FINANCIAL IMPACT: Cost increase from $151 ,600, to $232,200.
BUDGET ACTION REQUIRED: The 2005 budget will need to be amended to
accommodate this change.
STAFF RECOMMENDATION: To approve the amendment to the engineering
agreement.
Motion by Commissioner Spataro, second by commissioner Gawron to approve the
amendment to the Engineering Services Agreement for the City Center Project.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington.
Nays: None
MOTION PASSES
B. Resolution to Submit Urban Land Assembly Loan Application Related to
Former Mall Site Redevelopment. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: One of the funding mechanisms that has been identified for
the redevelopment of the former Mall site is an Urban Land Assembly (ULA). At this
time Staff is requesting authorization to apply for a loan from the Michigan Economic
Development Corporation (MEDC) for the amount of $700,000. This money would be
used to purchase the Right of Way's necessary for street construction along with other
streetscape improvements.
FINANCIAL IMPACT: Repayment of the loan would consist of $20.000 per year for the
first five years, and $120,000 per year for the next five years.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution authorizing Staff to submit a
Urban Land Assembly Loan application to the Michigan Economic Development
Corporation.
Motion by Vice Mayor larson, second by Commissioner Gawron to approve the
resolution authorizing Staff to submit a Urban land Assembly loan application to the
MEDC.
ROLL VOTE: Ayes: Davis, Gawron, larson, Shepherd, Spataro, Warmington, and Carter.
Nays: None
MOTION PASSES
C. Tentative Agreement Reached with Muskegon Firefighters Union. ASSISTANT
CITY MANAGER
SUMMARY OF REQUEST: Staff recommends approval of the set of tentative
agreements reached with the Muskegon Firefighters Union pending ratification by the
union membership; and that the Mayor be authorized to sign the bargaining unit
contract on behalf of the City.
FINANCIAL IMPACT: The overall financial package includes the following significant
economic agreements:
Union Issues
Wages: 2004 2005 2006
2.00% 2.00% 2.00%
Pension: Effective 1/1/05, the straight life pension multiplier is increased
from 2.6% to 2.75%, and continue the maximum initial pension
amount of 85% of the member's Final Average Compensation.
City Issues
• Eliminate Assistant Mechanics (with conditions);
• Increase co-pays for generic drugs and brand name drugs (for individuals in the
traditional plan and for retirees);
• Increase the premium co-pay to $20.00 biweekly;
• Limit retirees insurance coverage to spouse and dependents at the time of
retirement;
• Actuarial neutral lump sum annuity withdrawals; and
• Define Contribution for future firefighters (City to contribute 10% and employee,
6%- mandatory) as well as available to current employees.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
tentative agreement reached with the Muskegon Firefighters Union.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis.
Nays: None
MOTION PASSES
D. Establishment of Defined Contribution Retirement Plan with MERS. FINANCE
SUMMARY OF REQUEST: To adopt the resolution establishing a defined contribution
retirement plan umbrella relationship with MERS. As the DC plan is negotiated with
individual bargaining units, additional resolutions specific to each unit will be
presented for your consideration.
FINANCIAL IMPACT: The move to defined contribution pension plan will have very
significant long-term financial benefits for the city. Annual pension costs will be readily
definable as a stable percent of payroll and the notion of "unfunded liability" will be
eliminated. Additionally, administrative savings will be significant. Participating
employees will also benefit through greater portability of benefits.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the resolution establishing the MERS DC plan
and authorizing the Mayor and Clerk to execute the membership agreement and
related documents.
Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the
resolution establishing the MERS DC plan and authorizing the Mayor and Clerk to
execute the membership agreement and related documents.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron.
Nays: None
MOTION PASSES
E. Rejection of Bids: Demolition of the Muskegon Hotel. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety staff request that the Commission reject the bids
that were solicited for the demolition of the Muskegon Hotel located at 593 West
Western Avenue. The bid amounts are provided within the memorandum. Currently,
City funding is not available to meet the bids as submitted.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Rejection of the bids.
Motion by Commissioner Spataro, second by Vice Mayor Larson to reject the bids for
demolition of the Muskegon Hotel.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson.
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:32p.m.
Respectfully submitted,
~0 -~~
Gail A. Kundinger, MMC
City Clerk
Date: June 14,2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Summer Celebration and
Greek Festival
SUMMARY OF REQUEST: Summit Pyrotechnics is requesting approval
of fireworks display permits for Muskegon Summer Celebration on July
4th, and 10th; and for the Big Fat Greek Festival on July 3dh. They will
be set off from the Barge at Heritage Landing. Fire Marshall Metcalf will
inspect the fireworks on the day of the events.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2005-52(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworlcs in the amounts, for the pwpose, and
at the place listed below only.
TYPE OF DISPLAY: Q{Jl PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO: Summit Pyrotechnics
NAME
Steven R. Franklin
ADDRESS AGE
3500 s. Getty, Muskegon, MI
REPRESENTING Muskegon Summer Celebration
NA."'E OF ORGANIZATION. GROUP, FIRM OR CORPORATION
ADDRESS
NUMBER & TYPES OF FIREWORKS:
20 12'': 20 - 10'': 70 - 8'': 400 - 6'': 400 - 5'':
800 - 4"·, and 1500 - 3"
DISPLAY: Heritage Landing - Barge - Muskegon Lake
EXACT LOCATION
Muskegon, MI ,July 4 & 10, 2005 10:25p.m.
CITY. VILLAGE, TOWNSHIP DATE TIME
Rain Date July 5 & 11, 2005
BOND OR rNSURANCE FILED: ( ) YES ( ) NO AMOUNT
ISS! JED BY·
Issued by action of the '-UISKEGON CITY COMMISSION
{coun,il, eommiu1011., tx..rd)
of the CITY of MUSKEGON
(IWTI•O(~ry, viiiiJC, IOWRlhip)
---:~~~ :~;~~~~ ~~~;::;~;;~:::::::=::::::::::::>
on the ----'1__,4.._t_h_ _ _ _ day of
~ 1 1 -----
Mayor
F M- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 358, P.A. 1968
I DATE OF APPLICATION
t"o - 3--os-
1. TYPE OF DISPLAY:
~ Public Di s ploy D Agr iculturol Pest Control
2. APPLICANT
NAME OF PERSON&~( ADDRESS AGE: Must be 2 1 or over
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·~ .5 """00
(
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NUMBER OF YEARS I NUMBER OF DISPLAYS WHERE
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NAM ES OF ASSISTA NTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4 . NON -RESIDENT APPLICANT
NAME ADDRESS
Name of Mi c higan Attorne y or Resident Agent ADDRESS TELEPHON E NUMBER
5. EXACT LOCATION OF PROPOSED DISP LA Y
;Gt{J/t ti 7.
DATE L
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A. AMOUN T OF BOND OR INS URA NC E
7. FINA N C IAL RESPONS I B ILIT Y (to be set b y mun ic ipal ity) $
B. BONDI N G CORPORATI ON OF I N SURANCE C OMPANY: NAME I A DDRESS
()c: ,1//t:~Jor (See other s ide for ins tructions )
933 TeJTace Street
Muskegon, Ml 49440
OFFICE 231-724-6705
FAX 231-724-4178
CITY OF MUSKEGON
CLERK'S OFFICE
FAX COVER SHEET
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ISSUED OR MAY PI!RTAIN, THE INSURANCE AFFIORDI!D ltV THE P'OLlCtES DESCRIUE!D HI!RI!:ZN I$ SUB31!CTTO ALL THE nRMS:, EXCLUSIONS AND CONDITIONS OF
SUCH POUCil'!S INCLUDJ:NG, bllf NOT LlMITED TO THCG'= I"OLLOW:tNQ: L.lMITS SHOWN MAY HAVI! B!I!'N fU!DUCr!P PY P'AJ:b CL.AlM$. ADDUICNAL CONDrTlONS AND
~-~~~~RTH! INSUMNCE EVIDENCED BY THIS (:~R.nFICATE IS UABILZTY INSURANCI! ONLY, rT IS NOT A POND OR ANY FORH OF SURETY AGAINST WHICH
AN -INSUR.f!D,.. HAY ASSERT A CLAIM OR BRING ANY AcnON. SUBlfiCT TO POliCY TI!RM~1 CONDrTIONSJ Dr!FlNmONS AND EXCLUSIONS THE
AN !NSURE!D AGAINST C::ERTAIN U!GAL UAPILrTV. 2.) 'J'HE INSURANCE DOES NOT COVER CLAIMS FOR PODlLY INJURY OR
~-D;,;,;~QE;"~F THE NAMl!D INSUR!D'S SHOOTER(S) ASSISTANT($) OR ANY OTHER Pll:ftSON(S) INCLUDING ANY YOLUTl!!.R.(S) PAR.nCtPATlNG lN ANY WAY
rN ANV :-p;;;,~g:,SPECIAL EFFI!CT PI!RP:ORioU!D OR I!XfCUTED BY THl! NAMI!D !NSURE!O. 3)COVERAGE DOES NOT APPLY TO ClAIMS P:OR BOD!l.Y lNJUR.Y OR
OUT OF THE !NSUR:!D'S fAlLliRE TO FOLL.OW NPPA oR OTK~R APPLICABLE POST DISPLAY ORSP.ECIAL I!.PFI!CT SI'!AR:CH
:o• ,
roucv
~~ TYr.~<; Or INt;UitANCl! f'()J,ICY NU~1Blm IIA'T"' LIMITS
GENERAL LIABILTIY «r" .<I ''"" 111111
A
CLAIMS MADE
pendin~ 6/10/2005 6/10/2006 ..... ,. s 5.000
~rT.TA' U'l'V -~ 50.111111
I
A<:C:'
I SINGL" LIMIT s
AVTOMODILE LIABILITY (Ea 1u:c:ldont)
D ANY AUTO HUOILY ~N-IliRY s
D ANY OWNED AU'I'OS
D SCHEDULED AUTOS ~u~•u,•u~• s
0 lllRED AUTOS
0 NON·OWNED AUTOS
s
~~';:'~OWING ..;,n.,
EACH, <'I' s
s
WORKICRS COMPENSATION
.:.;.,c;.•TATU· "i~-
ANJ>
Ei\iPLOYi<~R.':\1 l,IAPILI1Y $
OTHEit
"'L ~ $
/OF ;ADDEDl;:;
Muskegon Summer Celebration; City of Muskegon, all elected & appointed officials, all employees &
volunteers; County of Muskegon and Great Lakes Dock are Additional Insured as respects the July 4 & 10,
2005 (RD: July 5 & 11, 2005 respectively) Fireworks Display at Muskegon Lake, 800' north of Heritage
Landing
SUOULO ANY·~;~ ABOVE Ol:1:SCRH11m f'01.1CIES DE CANCELLED BEFORE THE EXPIRATfON llATIG
Muskegon SIUDmcr Celebration 'rHICRICOU, THE ISSUING COMPANY Wll.L ENUEAVOR TO MAIJ • ...ljL DAYS WRITI'ENNOTICE TO THE
587 W. Western Avenue CE.h.'l'WICATlt lJOLDER NAMED TO THE LEFT.IIU't' ~AU .URI!: 'I'() !"AII,SUCll NOTICE SHALL IMPOSE NO
OB.LIGA1'10N OR I.IADlLI1Y OF MY KIND UPONTBE COMI'ANY, ITS AGENTS OR REPRESENTATIVES.
Muskegon, MI 49444
&:} hr... {3,11<";,., /)),'\
FM-32(12-68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT I DATE OF APPLICATION
Act 358, P.A. 1968 0 - 3-o o-
l, TYPE OF DISPLAY:
~ Public Display 0 Agricultural Pest Control
2. APPLICANT
(:!}tE OF PERSON ADDRESS AGE: Mu s t be 2 1 or over
I ~1~://"/ r-;r;ro)/r-/ t' ·J ,'35270 s= 0£/Tv
IF A CORPORATIOAName of President AD DRESS I
Fo I' I 'q h<- T ~,/'~1:-.P.tc ~s fivCL /
3. PYROTECHNIC OPERAvTOR
r ;<, )-h~ch,t.JLGS
ADDRES S AGE: Must be 21 or over
S:.~,/J-1 / 'P'l 5, c9 ~ ??( /
NAME
1 11/Vl .-=? .s-7-::;yJ
EXPERIENCE: 1 I
NUMBER OF YEARS I NUMBER OF DISPLAYS WHERE
/.)- r;-on -r ~IT!..
/
WI.. F / _ £lC, AJ//. /:1~, 5J? A;) L1 _,,fz_ '
/ // /
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAM E ADDRESS AGE
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of · Michigan A ttorney or Resident A gent ADDRESS TELEPHON E NUMBER
5 , EXACT LOCATION OF PROPOSED DISPLAY
;J(;{
DATE
('t:;,
~
> - /J;(,d.S{(~/-~,v Latr-~ &--oar /l:J/// y{' tf/ {-:.
}TIM E
/e#tha
J
~ La., ocA~Jo
/
"7c.A f \.1 L?O th- _jl'-tif >o d f e..
Q ~ /, ? r c; f-- /_/)_ ' :2. .cj"
6. NUMBE~ AND KINDS OF Fl REWORKS TO BE DISPLAYED'
/ ,)~
- 2 , .)' I ( ea VC:...P <
tf.() ~ fc_ •I Sit ·c:.l/ .5 rts-t:r, ,· ,;---
- / (
' ' '-vC I Vt U
lfo ~ .) f I
11JJ.l t'l. "'
'' \ v t) {'JI 1'l
d00 - i l(
f/
1":
I ~~~r
"'
tvJerKs o~
_)----00 - 3 /( II
MANNER & PLACE OF STORAGE PRIOR TO DISPLAY
4 IF r-. /) /)/'o ,_;
7 ,
eeL 5~1/C<..c,
/
,P s~./ ~iY/J-p---{/ ~ 5r~ Ov /?ur- 4--
(
rfa 1 rJ-{_' '5£ n, 1
' ( Subject to Approval of Local Fire Authorities)
7. FINANCIAL RESPONSIBILITY
I A. AMOUNT OF BOND OR INSURA N CE
(to be set b y municipality) $
B . BONDING CORPORATION OF INSURANCE COMPANY: NAME I ADDRESS
(See other side for instructions)
2005-52(b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworlcs in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (li. PUBLIC DISPLAY ( ) AGRICULTIJRAL PEST CONTROL
ISSUED TO: Summit Pyrotechnics
NAME
.ADDRESS Steyen R . Franklin
AGE
3500 s. Getty, Muskegon, MI
REPRESEN1LNG Big Fat Greek Festival
NAlviE OF ORGANIZATION, GROL'P, FIRM OR CORPORATION
ADDRESS
NUMBER & TYPES OF FIREWORKS:
15 - 2.5" cakes; 40 -6" shells· 40 - 5 11 shells;
200 - 4'' shells; and 500 - 3'' shells
DISPLAY: Heritage Landing - Barge - Muskegon Lake
EXACT LOCATION
Muskegon. MI July 30, 2005 10:25 p.m.
CITY, VILLAGE, TOWNSHIP DATE TIME
Raid date July 31. 2005
BOND OR fNSURANCE FILED: ( ) YES ()NO AMOUNT
ISSUED BY·
Issued by action of the MJJSKEGON CITY COMMISSION
(o:o•mcil, Q)fllmiuiorl, bowd)
of the era of MUSKEGON
(name of eiry, vill.tac. IDWl'llhip)
JUI11-30-2005CTHU) 10:57 CSI HEINTZ (FAX)763 559 7465 P. 0~11002
CERTIFICATE OF INSURANCE ' ISSUE
.• , •
DAT£
. .
Jn~c•.. 30,2005
, • · •• • ' ' ! :·
l'RODUCEI< THIS CERTili'ICATl.?. IS ISSUim AS A MATTER OF INFORMATION ONLY ANU t:ONllKIUt
Combined Spcd~1llies International, Inc. lnsur:mce NO RIGHTS UPON THE CBI!'I'IIIICA'nr, HOI,I)BI{. THIS CERTIFICATE DOES NOT AMEND,
t•:XTF.:ND OR LATER THE COVEltMW. Al:JrORDJ>;J) !W TIU::. POLICIES BELOW.
Brokei"N
936-B Seventh Street PMR 334 INSURERS AFFORDING COVICRAGE
Novato, CA 94945-3000
INSURER A: Uudc(wr'jtcrs~ Lloyds of London
INSUUEI)
INSURERll:
Summit l)yrotcchnics
3500 S. Getty Street INSURERC:
Mu•kcgon,MI 49444
COVF.RAGES
INSUJU~R D;
i
THIS IS TO C:!.R.TXI'lY TH"T 'I'HE POUQES OF INSURANCJ!: USTifu tU~LOW HAVE RHI'!N l55Uii!P TO THE NAMti.D INSURfiO ABOVI! FOR THI! P!RlOP :lf\IPl'cATEP.
NDTWTfMSTANblNG ANY R&QUlREMliNT, TERM OR CONDmON Ot= ANY CONTRACT OR DTiii'!R POCUHENT WtrH Rli:SPEiCT TO WHICH THIS C!.R.nFIC:ATI! MAY PE
ISSUE:D DR MAY Pl!R.'l'AlN, THI!! lNSUMNC~ AFFORDED. UY THI! POUCli!S DE.S.C:RIUED HERHIN IS SUB,!Cl' TO ALL THE ti!R.M.5, llXc;:l.USIONS AND CONDITIONS OP
SUCH POLICl:ES INCLUDING, BUT NOT LlMrt'iaD TO THD.SE FOLLOWlNil: U:MrtS SHOWN MAY HAVf! IU!I!N RI!DUCI!D llY PAlb CL.AIH5, ADDITIONAL. CONDITIONS AND
I!XCLUSIONS: 1) THE JNSURANCf! !VIDJ!NC£D BY 'THIS CERTIFICATI! IS U'AP.lLlTY INSURANCE ONLY, IT IS NOT A BONP OR. ANY FORM OF SUR£TY AGAINST WHICH
SQMI!ONE OTHCR AN' ..INSUReD"' MAY A$5IH\T A CLAIM OR liKING ANY AC'TlON. SUBJECT TO POLICYTfRMS, CONDITtO~S1 OI!F!NMONS AND EXCLUSIONS THE
INSURANC~ ONLY INPHMNlf.I65 AN INSURI!D AGA.tN$'1' CER.fAlN LEGAL. LIABiliTY.~} THE lNSURANC:Ei D0fi5 NOT CDVI!R CLAIMS !'lOR DODll..'( lNlUR.Y OK
PROPBRTV DAMAGE!: OF THE NAMJ:P XNSURED"S SHOOT~R($) ASSISTANT(S) OR ANY OTtii!R. PERSON(S) INCLUDINQ ANY VOLUTBI:!R(S) PARTtClPATlNG XN ANY WAY
I~ ANY DISPlAY C\l SPE!ct.AL 11ifl~E.CT PE:RFOR.Meo OR I!XI!CUTE!P bY lHEi NAMED INSURI!D, 3)GOVI!RAGE tJOI;;$ NOT APP'L.YTO ClAIMS POR BODII.Y lt-'lUR.Y OR
P.,.OPERTV DAMAG!! ARISING OU't' OF '!'HEi INSURED'S PAlll,JIUI.TO f'OI.I.OW NfiPA OR OTHI!R APPUc.\llLE! POST Dl:iPI.A.Y OR SPfcrAl EFFECT S!ARC::H
~EniJXREMf;~~ Oft R!COMMI!NDATXONS.
(;(,J P()I,I{.T' l!:t!F£CI'IVE l'OlJCYJr.Xl'lkA'l'lON )
LTR 'lYl"ROI? lN!\UitANCE l'OLICV NtiMHI1lK DA'I'E (MI\tllliiiYY) DATE(MI\IIDDIY1') UJ\.nTS I
Gii:NICJtAI,, l~lADlLlTY
EACH ACCIDENT
CI..AIM,S MADE
pending 6/10/2005 6/10/2006 MEOICAL EXP (Anv onc:Del"'Dll) $ 5 000
PRODUCnU:OM!•/OI'll A(lG S!,OOO,O~O
~-·l-----------------------l·---------------4------------4-------------~c~o~MOUN~"'E~DSING~L~K~L'IA~,~,.,~.---+~S----~,--~
AUTOM081LJC LIAUll..lTY (Ea accldcat)
0 ANYAUTO DOI>II~Y INJURY
D ANY OWNED AUTOS (l'u-p«sonJ
D SClllmULED AUTOS
0 HilUm AUTOS BODILY INJURY ~
_(~aeeiLiwt)
0 NON~OWNICD AUTOS
1 PUOl'l!:RTY DAMA(;IC $
\--"-+"'==~===------l-----------1---------1-----------.\.JI
~XCH'.l)l:ll~lADlLlTY
cr;,~:t~d~t)
EACH ACCIL>XN'I' $
FOLLOWING J10RNI .
$
we STATU- ofu.
WORKERS COMI'ICN~ATION TORY LIMITS ER $
AND
EMPLOYERS' LIARIL!lY E.LEACH ACCun:NT $
$
E.L 1JISKA.$Ko-l'OI,ICV I~IMIT
OTUER
DESCRIPTION OF OPERATIONS/LOC::ATIONS/VllillCLESIEXCLUSIONS ADDIIO BY ENDORSEII!ENT/SPECIAL PROVI~ION~
I,
Big Fat Greek Festival; City of Muskegon, all elected & appointed officials, all employees & volunteers a:u'd
County ofMuskegon are Additional Insured as respects the July 30, 2005 (RD: July 31, 2005) Fircwol'ks
Display at Heritage Landing
~-
CERTIFICATE DOLDER CANCELLATION ! '
Big Fat Greek Festival SHOULlJ ANY Olr 'J'UE ABOVE DESCIUBI?.D POLICIES Ult CANCELLED BEFORE THE EXl'~TION DAtE
THEREOF, THlt 1$1$1.JIN0 COMPANY WILL ENDEAVOR 1'0 MAll~ J!L PAYS WRITTEN NOTICE TO THE
687 W. Westcm Avenue CERTIFICATE BOLll~h. NAMED TO THELEFI', BUT FAILURE '1'0 l\1All.l:iUCU NOTICE SIIALLIMPOS~ NO
OBLIGATION ORUABTLI1'Y <)tr ANY KIND UPON TBE COMPANY, ITS AGR:fii'I'S OR RICI'R.ICS~NT.ATIV~S.
Muskegon,~ 49444
AUTHORIZED REPRESENTATIVE
,
Date: June 13, 2005
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Appointment to the Leisure Services Board
SUMMARY OF REQUEST: To appoint Greg Roberts to the Leisure Services
Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To make the appointments.
COMMITIEE RECOMMENDATION: The Community Relations Committee
recommended the appointment at their June 61h meeting.
J
'
CITY OF MUSKEGON
j Date: Is, - :2.- 0 s- ::=J
TALENT BANK APPLICATION
Please Type or Print. Applications will be kept on file for one year. All applicants subject to a background check.
NAME: Gaj or-'\ \ . Ro'b e.d,C,
HOME ADDRESS:_....\'?,L;}~.:)'-7~-::-~\.JIL'>::.J•\._._eiCJ[¢_ro\..,__~~'('_.x.g_ _ _ _ _ _ _ _ _ _ _ __
(Street, City, State, Zip)
HOME PHONE#: dJ \ --' 7$. ~ - ~ () 0=-"j WORK PHONE#: _ __:'f\t..l......)L~:.=_____
OCCUPATION:-~~-\\ <" <-~ EMPLOYER: _ _ _ _-----~--------
(If retired, give fonner occupation)
EDUCATION::_\.1..[\l..!~...S,~\..~-~S,~.,\_LI!Jo~!. .:i\1,. . ._ _~.:.__.::::s;:_-\-~"vl>!..:,\--L!"-"---\~~..Jl\.:S:~=-''...'.,.-.,~~!,-·.!..,"'~~...:.....:.\'":...!'-~.(_) ~\:J
PERSONAL & COMMUNITY ACTIVITIES: ( \,vv- y" - ~ ·C./ S '2. v'\ ,
Why would you be a good member of this commtttee? What do you bring to the committee ?
DYe., Th y.c..rs A '.J<-.l/'!. \.Vpc'\!t.J wi'h.. OUr \..o;:J') ·," ~ .. "\&v'r=:- \:,c,~\{,)-"-\\
f'"")c-......, .1... 'nc.vc. c..),!';lo :'>"'<"lie-~ tl..-. ~ ~\c.v"'"'\=:s C. o ...... ..._~s.s.o.... c,.., c) -1-\-e..
C...\...,...,..,T'<- r C. <:>......,....., \ 'n't..~ •
PERSONAL REFERENCES: (Please list the name and phone numbers of three personal references)
~31- 7d..lj -G7q_-s
'):~ \ (Pho""f'g"sr!.. ~1 s\
(Phone Number)
PLEASE INDICATE BOARDS/COMMISSIONS/COMMITIEES INTERESTED IN SERVING ON- MARKING #1 AS
YOUR FIRST PREFERENCE:
( ) Board of Canvassers ( ) Housing Code Board of Appeals
( ) Board of Review ( ) Housing Commission
( ) Cemetery Committee ( ) Income Tax Board of Review
( ) Citizen's Police Review Board ( ) Land Reutilization Committee
( ) City Employees Pension Board ( lfl.eisure Services Board
( ) Civil Service Commission ( ) Loan Fund Advisory Committee
( ) CDBG-Citizen's District Coundl ( ) Local Develop. Finance Authority
( ) Construction Board of Appeals ( ) Local Office~s Compensation Com.
( ) District Library Board ( ) Planning Commission
( ) Downtown Development Authority/Brownfield Board ( ) Polioe/Fireman's Pension Board
( ) Election Commission ( ) Public Relations Committee
( ) Equal Opportunity Committee ( ) Zoning Board of Appeals
( ) Historic District Commission
( ) Hospital Finance Authority
Are you V>illing to serve on other boards/committees not dhecked off above? ~ NO (Circle one)
• Attach Additional Sheets or Resume ~ Desired.
Return this fonn to: City Clerk's Office, 933 Terrace St., P. 0. Box 536, Muskegon, Ml 49443.0536
- v -
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION MEETING - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 1, 2005
RE: Amendment to Muskegon Township Water Agreement
SUMMARY OF REQUEST:
To approve an amendment to the Muskegon Township Water Agreement, to allow the Township
to delay installing secondary power at the Harvey Street Reservoir.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached amendment.
COMMITTEE RECOMMENDATION:
None.
pb/O(BLM TWNSHP WTR AGRMNT AMNDMNT COVER 051705)
FIRST AMENDMENT
INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF MUSKEGON AND CHARTER TOWNSHIP OF MUSKEGON
THIS AGREEMENT is effective on this 6th day of __,J""'u"-n""e_ _ _ _ _ , 2005,
between the CITY OF MUSKEGON, of 933 Terrace Street, Muskegon, Michigan, ("CITY") and
CHARTER TOWNSHIP OF MUSKEGON, of 1990 E. Apple Avenue, Muskegon, Michigan,
("TOWNSHIP").
THIS AGREEMENT amends the agreement between CITY and TOWNSHIP, dated
April 22, 2003.
Background
A. In 2003, CITY sold the Muskegon Township Water System No. 2 to TOWNSHIP.
That sale included an obligation for TOWNSHIP to install separate electric and control panels
and new electric meter at the Harvey Street Reservoir by April 22, 2005.
B. TOWNSHIP desires to delay the installation of the generator, concrete pad and
wiring to the pump station for an additional two years (April 22, 2007).
Incorporating the above introductory provision and the statement of purpose, the
parties agree:
1. TOWNSHIP will install the generator, concrete pad and wiring at the Harvey
Street Reservoir no later than April 22, 2007.
2. TOWNSHIP will install new starters on the existing pumps no later than
__,N'""o"'v"'e"-'m,_,b,e~r-'-1"-5__ , 2005 and warranty the new starters for one (1) year from the time of
installation.
1
The parties have executed this agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
MUSKEGON CHARTER TOWNSHIP,
/)
By f;:l:-::c~:~JL .'1,s/c--J-~--"--- .
f T '
Its --f:~/:.!,C.c;::·~7::p.?d<~·.::;·l'--!.t.c.•-.::...!:c-c:J,L-£=t:.'':::-?-'---
CITY OF MUSKEGON,
a Michigan mun1is; "!J.-1'"""'~
"I-.
2
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 27,2005
RE: Appointment to Veteran's Memorial Park Committee
SUMMARY OF REQUEST:
To appoint a City representative to a committee to oversee budget and maintenance of
Veteran's Memorial Park. The committee is made up of a representative from the City of
Muskegon, County of Muskegon, City of North Muskegon, and Muskegon Veterans (non-
voting). The committee is a provision of the agreement between the three political jurisdictions.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To appoint the City Manager as the City's representative on this committee and appoint the City
Manager's designee as the City's alternate representative.
COMMITTEE RECOMMENDATION:
None.
pb/O:AGENOA- APPT TO VETS PARK COMMITTEE 052705
Commission Meeting Date: June 14, 2003
Date: June 7, 2005
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Letter of Support from Mayor and Commission for
After-school program (CLEAR)
SUMMARY OF REQUEST: For the Mayor and City Commission to give
a letter of support for an technical assistance grant for after-school
programming for the Muskegon Public School System through the
National League of Cities
Several studies have revealed the importance of after-school program to
future economic development as well as a deterrent to negative activity
by youth. National crime data reveals that between the hours of 3 to 6
PM to be when most young people are most likely to commit and
become victims of crime. That is also the time when young people are
most likely to engage in risky behaviors.
If the Mayor and commission agree to support this grant application the
CNS office working with the Muskegon Public schools will prepare the
grant application and have it delivered to the National League of Cities
by the due date of June 17, 2005.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To supply the CNS office with a letter of
support endorse by the Mayor and City Commission.
COMMITTEE RECOMMENDATION: None
TECHNICAL ASSISTANCE APPLICATION COVER SHEET
City Leaders Engaged in Afterschool Reform (CLEAR}
CITY CONTACT INIFORIIIIATION
Cicy: ___________________________________________________________
Sponsoring Mayor or Councilmember:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Mailing Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Cicy, State, Zip:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Phone:._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Lead City Staff Contact: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Mailing Address:. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Cicy, State, Zip: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Phone:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Fax: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
E-mail:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Be sure to complete both sides of this form.
IMPORTANT INFORMATION
Proposals Due: June 17,2005
Mailing Address: City Leaders Engaged in Afterschool Reform
c/o National League of Cities
Institute for Youth, Education, and Families
1301 Pennsylvania Avenue, NW
Washington, DC 20004-1701
Please include the original application, including the application cover sheet, letters of support, and the 3-page
proposal, PLUS THREE (3) COPIES. No appendices beyond the required letters of support will be accepted.
Only one application per city will be accepted.
Date: June 14, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDNR for:
Phase I of the Bike Trail (Heritage Landing to
McCracken)
SUMMARY OF REQUEST:
To approve the attached contract with MDNR for the construction of Phase I of the
Bike trail from Heritage Landing to McCracken St. and authorizing the Mayor and City
Clerk to sign the contract and approve the attached resolution.
FINANCIAL IMPACT:
MDNR's participation will be at 28% of the total cost which is estimated at $1 ,800,000
but not to exceed $500,000 of eligible costs as outlined in the agreement. The
reminder of the cost will be from local funds and a $799,000 of federal funds in the
form of an enhancement grant. Agreement for the federal grant will be forth coming
in the near future.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
Michigan Department of Natural Resources- Grants, Contracts and Customer Systems
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
Project Number: ----.:.T:_F0::..4:_·0:::.:2:::5,___ _ _ _ _ _ _ _ _ _ _ _ __
Project Title: Muskegon Lakeshore Trail
This Agreement is between the Michigan Department of Natural Resources for and on
behalf of the State of Michigan ("DEPARTMENT") and the CITY OF MUSKEGON IN THE
COUNTY OF MUSKEGON ("GRANTEE"). The DEPARTMENT has authority to issue
grants to local units of government for the development of public outdoor recreation facilities
under Part 19 of the Natural Resources and Environmental Protection Act, Act 451 of 1994,
as amended. The GRANTEE has been approved by the Michigan Natural Resources Trust
Fund (MNRTF) Board of Trustees (BOARD) to receive a grant. In PA 11 of 2005, the
Legislature appropriated funds from the MNRTF to the DEPARTMENT for a grant-in-aid to
the GRANTEE. As a precondition to the effectiveness of the Agreement, the GRANTEE is
required to sign the Agreement and return it to the DEPARTMENT with the necessary
attachments by August 31, 2005.
1. The legal description of the project area (APPENDIX A); boundary map of the project
area (APPENDIX B); and Recreation Grant application bearing the number
TF04-025 (APPENDIX C) are by this reference made part of this Agreement. The
Agreement together with the referenced appendices constitute the entire Agreement
between the parties and may be modified only in writing and executed in the same
manner as the Agreement is executed.
2. The time period allowed for project completion is June 1 2005 through I
May 31 2007, hereinafter referred to as the "project period." Requests by the
I
GRANTEE to extend the project period shall be made in writing before the expiration
of the project period. Extensions to the project period are at the discretion of the
DEPARTMENT. The project period may be extended only by an amendment to this
Agreement.
3. This Agreement shall be administered on behalf of the DEPARTMENT through its
Office of Grants, Contracts and Customer Systems.
a. All reports, documents, or actions required of the GRANTEE shall be
submitted to the:
MICHIGAN NATURAL RESOURCES TRUST FUND,
GRANTS, CONTRACTS AND CUSTOMER SYSTEMS
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
PO BOX 30425
LANSING Ml 48909-7925
1 of 15 PR1920 (Rev. 05/12/2005)
' MlC:.fiGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
b. The GRANTEE'S representative for this project is:
Name: /llo 1/ommed AI-.5/;dc / Title: /!J.t
i7
Egp~eer
Mailing Address: 9. 53 ;e·flace,. ZZ,las~o, ./ZJ/ !YfYo
Phone Number: (;u;) &'/- ~ 70 Z FaxNumber: UJ!) 7.:<7-,b,Yo;/
E-mail Address: JJJabqmmecf'· q/- shah:! {f) JJasfmM' or z-
~ C7
c. All notices, reports, requests or other communications from the
DEPARTMENT to the GRANTEE shall be sufficiently given when mailed and
addressed as indicated above. The DEPARTMENT and the GRANTEE may
by written notice designate a different address to which subsequent notices,
reports, requests, or other communications shall be sent.
4. The words "project area" shall mean the land and area described in the attached
legal description (APPENDIX A) and shown on the attached boundary map
(APPENDIX B).
5. The words "project facilities" shall mean the following individual components, as
further described in APPENDIX C:
1. Site Preparation 7. Shade Structure
2. Asphalt Pathway 8. Fencing
3. Bridge 9. Site Amenities
4. Boardwalk 10. Bollards
5. Fishing Deck 11. Signage
6. Rip Rap 12. Landscaping
6. The DEPARTMENT agrees as follows:
a. To grant to the GRANTEE a sum of money equal to Twenty-Eight (28%)
percent of One Million Eight Hundred Thousand ($1 ,800,000.00) dollars,
which is the total eligible cost of construction of the project facilities including
engineering costs, but in any event not to exceed Five Hundred Thousand
($500,000.00) dollars.
b. To grant these funds in the form of reimbursements to the GRANTEE for
eligible costs and expenses incurred as follows:
i. Payments will be made on a reimbursement basis at Twenty-Eight
(28%1 percent of the eligible expenses incurred by the GRANTEE up
to 90% of the maximum reimbursement allowable under the grant.
ii. Reimbursement will be made only upon DEPARTMENT review and
approval of a complete reimbursement request submitted by the
GRANTEE on a form provided by the DEPARTMENT which includes
2 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
an expenditure list supported by documentation as required by the
DEPARTMENT, including but not limited to copies of invoices,
cancelled checks, and/or list of force account time and attendance
records.
iii. The DEPARTMENT shall conduct an audit of the project's financial
records upon approval of the final reimbursement request by
DEPARTMENT engineering staff. The DEPARTMENT may issue an
audit report with no deductions or may find some costs ineligible for
reimbursement.
iv. Final payment will be released upon completion of a satisfactory audit
by the DEPARTMENT and documentation that the GRANTEE has
erected a MNRTF plaque in compliance with Section 7(k) of this
Agreement.
7. The GRANTEE agrees as follows:
a. To immediately make available all funds needed to incur all necessary costs
required to complete the project and to provide One Million Three Hundred
Thousand ($1,300,000.00) dollars in local match. This sum represents
Seventy-Two (72%) percent of the total eligible cost of construction
including engineering costs. Any cost overruns incurred to complete the
project facilities called for by this Agreement shall be the sole responsibility
of the GRANTEE.
b. With the exception of engineering costs as provided for in Section 8, to incur
no costs toward completion of the project facilities before execution of this
Agreement and before written DEPARTMENT approval of plans,
specifications and bid documents.
c. To complete construction of the project facilities to the satisfaction of the
DEPARTMENT and to comply with the development project procedures set
forth by the DEPARTMENT in completion of the project, including but not
limited to the following:
i. Retain the services of a professional architect, landscape architect, or
engineer, registered in the State of Michigan to serve as the
GRANTEE'S Prime Professional. The Prime Professional shall
prepare the plans, specifications and bid documents for the project
and oversee project construction.
ii. Within 180 days following execution of this Agreement by the
GRANTEE and the DEPARTMENT and before soliciting bids or
quotes or incurring costs other than costs associated with the
development of plans, specifications, or bid documents, provide the
DEPARTMENT with plans, specifications, and bid documents for the
project facilities, sealed by the GRANTEE'S Prime Professional.
iii. Upon written DEPARTMENT approval of plans, specifications and bid
documents, openly advertise and seek written bids for contracts for
purchases or services with a value equal to or greater than $25,000
3 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPME~JT PROJECT AGREEMENT
and accept the lowest qualified bid as determined by the GRANTEE'S
Prime Professional.
iv. Upon written DEPARTMENT approval of plans, specifications and bid
documents, solicit three (3) written quotes for contracts for purchases
or services between $1,000 and $25,000 and accept the lowest
qualified bid as determined by the GRANTEE'S Prime Professional.
v. Maintain detailed written records of the contracting processes used
and to submit these records to the DEPARTMENT upon request.
vi. Complete construction to all applicable local, state and federal codes,
as amended; including the federal Americans with Disabilities Act
(ADA) of 1990, as amended; the Persons with Disabilities Civil Rights
Act, Act 220 of 1976, as amended; the Playground Equipment Safety
Act, P.A. 16 of 1997, as amended; and the Utilization of Public
Facilities by Physically Limited Act, P.A. 1 of 1966, as amended; the
Elliott-Larsen Civil Rights Acts, Act 453 of 1976, as amended.
vii. Correct any deficiencies discovered at the final inspection within 90
days of written notification by the DEPARTMENT. These corrections
shall be made at the GRANTEE'S expense and are eligible for
reimbursement at the discretion of the DEPARTMENT and only to the
degree that the GRANTEE'S prior expenditures made toward
completion of the project are less than the grant amount allowed
under this Agreement.
d. To operate the project facilities for a minimum of their useful life as
determined by the DEPARTMENT, to regulate the use thereof to the
satisfaction of the DEPARTMENT, and to appropriate such monies and/or
provide such services as shall be necessary to provide such adequate
maintenance.
e. To provide to the DEPARTMENT for approval, a complete tariff schedule
containing all charges to be assessed against the public utilizing the project
area and/or any of the facilities constructed thereon, and to provide to the
DEPARTMENT for approval, all amendments thereto before the effective
date of such amendments. Membership or annual permit systems are
prohibited on grant assisted sites, except to the extent that differences in
admission and other fees may be instituted on the basis of residence.
Nonresident fees shall not exceed twice that charged residents. If no
resident fees are charged, nonresident fees may not exceed the rate
charged residents at other comparable state and local public recreation
facilities.
f. To adopt such ordinances and/or resolutions as shall be required to
effectuate the provisions of this Agreement; certified copies of all such
ordinances and/or resolutions adopted for such purposes shall be forwarded
to the DEPARTMENT before the effective date thereof.
g. To separately account for any revenues received from the project area which
exceed the demonstrated operating costs and to reserve such surplus
4 of 15 PR 1920 (Rev. 05/12/2005)
MICHIGAN NATUHAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
revenues for the future maintenance and/or expansion of the GRANTEE'S
park and outdoor recreation program.
h. To furnish the DEPARTMENT, upon request, detailed statements covering
the annual operation of the project area and/or project facilities, including
income and expenses and such other information the DEPARTMENT might
reasonably require.
i. To maintain the premises in such condition as to comply with all federal,
state, and local laws which may be applicable and to make any and all
payments required for all taxes, fees, or assessments legally imposed
against the project area.
j. To agree that the project area, where the Trust Fund has assisted in the
development of the project, will not be named in honor of a person either
living or deceased.
k. To erect and maintain a plaque on the park entry sign of the property which
designates this project as one having been constructed with the assistance
of the MNRTF. The size, color, and design of this plaque shall be in
accordance with DEPARTMENT specifications.
8. Only eligible costs and expenses incurred toward completion of the project facilities
after execution of the Project Agreement shall be considered for reimbursement
under the terms of this Agreement. Eligible engineering costs incurred toward
completion of the project facilities in the six months preceding the project period are
also eligible for reimbursement. Any costs and expenses incurred after the project
period shall be the sole responsibility of the GRANTEE.
9. To be eligible for reimbursement, the GRANTEE shall comply with the
DEPARTMENT requirements. At a minimum, the GRANTEE shall:
a. Submit a written progress report every 180 days during the project period.
b. Submit complete requests for partial reimbursement when the GRANTEE is
eligible to request at least 25 percent of the grant amount and construction
contracts have been executed or construction by force account labor has
begun.
c. Submit a complete request for final reimbursement within 90 days of project
completion and no later than September 30, 2007. If the GRANTEE fails to
submit a complete final request for reimbursement by
September 30, 2007, the DEPARTMENT may audit the project costs and
expenses and make final payment based on documentation on file as of that
date or may terminate this Agreement and require full repayment of grant
funds by the GRANTEE.
10. During the project period, the GRANTEE shall obtain prior written authorization from
the DEPARTMENT before adding, deleting or making a significant change to any of
the project facilities as proposed. Approval of changes is solely at the discretion of
the DEPARTMENT. Furthermore, following project completion, the GRANTEE shall
5 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
obtain prior written authorization from the DEPARTMENT before implementing a
change that significantly alters the project facilities as constructed and/or the project
area, including but not limited to discontinuing use of a project facility or making a
significant change in the recreational use of the project area. Changes approved by
the DEPARTMENT pursuant to this Section may also require prior approval of the
BOARD, as determined by the DEPARTMENT.
11. All project facilities constructed or purchased by the GRANTEE under this
Agreement shall be placed and used at the project area and solely for the purposes
specified in APPENDIX C and this Agreement.
12. The project area and all facilities provided thereon and the land and water access
ways to the project facilities shall be open to the general public at all times on equal
and reasonable terms. No individual shall be denied ingress or egress thereto or
the use thereof on the basis of sex, race, color, religion, national origin, residence,
age, height, weight, familial status, marital status, or disability.
13. Unless an exemption has been authorized by the DEPARTMENT pursuant to this
Section, the GRANTEE hereby represents that it possesses fee simple title, free of
all liens and encumbrances, to the project area. The fee simple title acquired shall
not be subject to: 1) any possibility of reverter or right of entry for condition broken
or any other executory limitation which may result in defeasance of title or 2) to any
reservations or prior conveyance of coal, oil, gas, sand, gravel or other mineral
interests. For any portion of the project area that the GRANTEE does not possess
in fee simple title, the GRANTEE hereby represents that it has:
a. Received a written exemption from the DEPARTMENT before the execution
of this Agreement, and
b. Received prior written approval from the DEPARTMENT of a lease and/or
easement for the property not held in fee simple title as indicated in written
correspondence from the DEPARTMENT dated 'J '/ ,. · · , and
c. Supplied the DEPARTMENT with an executed copy of the approved lease or
easement, and
d. Confirmed through appropriate legal review that the terms of the lease or
easement are consistent with GRANTEE'S obligations under this Agreement
and will not hinder the GRANTEE'S ability to comply with all requirements of
this Agreement. In no case shall the lease or easement tenure be less than
20 years from the date of execution of this Agreement.
14. The GRANTEE shall not allow any encumbrance, lien, security interest, mortgage or
any evidence of indebtedness to attach to or be perfected against the project area
or project facilities included in this Agreement.
15. None of the project area, nor any of the project facilities constructed under this
Agreement, shall be wholly or partially conveyed in perpetuity, either in fee or
otherwise, or leased for a term of years or for any other period, nor shall there be
any whole or partial transfer of the lease title, ownership, or right of maintenance or
6 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
control by the GRANTEE except with the written approval and consent of the
DEPARTMENT.
16. The assistance provided to the GRANTEE as a result of this Agreement is intended
to have a lasting effect on the supply of outdoor recreation, scenic beauty sites, and
recreation facilities beyond the financial contribution alone and permanently
commits the project area to Michigan's outdoor recreation estate, therefore:
a. The GRANTEE agrees that the project area or any portion thereof will not be
converted to other than public outdoor recreation use without prior written
approval by the DEPARTMENT and the BOARD and implementation of
mitigation approved by the DEPARTMENT and the BOARD, including but
not limited to replacement with land of similar recreation usefulness and fair
market value.
b. Approval of a conversion shall be at the sole discretion of the
DEPARTMENT and the BOARD.
c. Before completion of the project, the GRANTEE and the DEPARTMENT
may mutually agree to alter the project area through an amendment to this
Agreement to provide the most satisfactory public outdoor recreation area.
17. Should title to the lands in the project area or any portion thereof be acquired from
the GRANTEE by any other entity through exercise of the power of eminent domain,
the GRANTEE agrees that the proceeds awarded to the GRANTEE shall be used to
replace the lands and project facilities affected with outdoor recreation lands and
project facilities of equal or greater fair market value, and of reasonably equivalent
usefulness and location. The DEPARTMENT and BOARD shall approve such
replacement only upon such conditions as it deems necessary to assure the
replacement by GRANTEE of other outdoor recreation properties and project
facilities of equal or greater fair market value and of reasonably equivalent
usefulness and location. Such replacement land shall be subject to all the
provisions of this Agreement.
18. The GRANTEE acknowledges that:
a. The GRANTEE has examined the project area and has found the property
safe for public use or actions will be taken by the GRANTEE before beginning
the project to assure safe use of the property by the public, and
b. The GRANTEE is solely responsible for development, operation, and
maintenance of the project area and project facilities, and that responsibility
for actions taken to develop, operate, or maintain the property is solely that of
the GRANTEE, and
c. The DEPARTMENT'S involvement in the premises is limited solely to the
making of a grant to assist the GRANTEE in developing same.
19. The GRANTEE assures the DEPARTMENT that the proposed State-assisted action
will not have a negative effect on the environment and, therefore, an Environmental
Impact Statement is not required.
7 of 15 PR 1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
20. The GRANTEE hereby acknowledges that this Agreement does not require the
State of Michigan to issue any permit required by law to construct the outdoor
recreational project that is the subject of this Agreement. Such permits include, but
are not limited to, permits to fill or otherwise occupy a floodplain, and permits
required under Parts 301 and 303 of the Natural Resources and Environmental
Protection Act, Act 451 of the Public Acts 451 of 1994, as amended.
It is the sole responsibility of the GRANTEE to determine what permits are required
for the project, secure the needed permits and remain in compliance with such
permits.
21. Before the DEPARTMENT will approve plans, specifications, or bid documents; or
give written approval to the GRANTEE to advertise, seek quotes, or incur costs for
this project, the GRANTEE must provide documentation to the DEPARTMENT that
indicates either:
a. It is reasonable for the GRANTEE to conclude, based on the advice of an
environmental consultant, as appropriate, that no portion of the project area
is a facility as defined in Part 201 of the Michigan Natural Resources and
Environmental Protection Act, Act 451 of the Public Acts of 1994, as
amended;
or
b. If any portion of the project area is a facility, documentation that Department
of Environmental Quality-approved response actions have been or will be
taken to make the site safe for its intended use within the project period, and
that implementation and long-term maintenance of response actions will not
hinder public outdoor recreation use and/or the resource protection values of
the project area·.
22. If the DEPARTMENT determines that, based on contamination, the project area will
not be made safe for the planned recreation use within the project period, or
another date established by the DEPARTMENT in writing, or if the DEPARTMENT
determines that the presence of contamination will reduce the overall usefulness of
the property for public recreation and resource protection, the grant may be
cancelled by the MNRTF Board with no reimbursement made to the GRANTEE.
23. The GRANTEE shall acquire and maintain insurance which will protect the
GRANTEE from claims which may arise out of or result from the GRANTEE'S
operations under this Agreement, whether performed by the GRANTEE, a
subcontractor or anyone directly or indirectly employed by the GRANTEE, or
anyone for whose acts may hold them liable. Such insurance shall be with
companies authorized to do business in the State of Michigan in such amounts and
against such risks as are ordinarily carried by similar entities, including but not
limited to public liability insurance, worker's compensation insurance or a program
of self-insurance complying with the requirements of Michigan law. The GRANTEE
shall provide evidence of such insurance to the DEPARTMENT at its request.
8 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
24. Nothing in this Agreement shall be construed to impose any obligation upon the
DEPARTMENT to operate, maintain or provide funding for the operation and/or
maintenance of any recreational facilities in the project area.
25. The GRANTEE hereby represents that it will defend any suit brought against either
party which involves title, ownership, or any other rights, whether specific or general
rights, including appurtenant riparian rights, to and in the project area of any lands
connected with or affected by this project.
26. The GRANTEE is responsible for the use and occupancy of the premises, the
project area and the facilities hereon. The GRANTEE is responsible for the safety
of all individuals who are invitees or licensees of the premises. The GRANTEE will
defend all claims resulting from the use and occupancy of the premises, the project
area and the facilities thereon. The DEPARTMENT is not responsible for the use
and occupancy of the premises, the project area and the facilities thereon.
27. Failure by the GRANTEE to comply with any of the provisions of this Agreement
shall constitute a material breach of this Agreement.
28. Upon breach of the Agreement by the GRANTEE the DEPARTMENT, in addition to
any other remedy provided by Jaw, may:
a. Terminate this Agreement; and/or
b. Withhold and/or cancel future payments to the GRANTEE on any or all
current recreation grant projects until the violation is resolved to the
satisfaction of the DEPARTMENT; and/or
c. Withhold action on all pending and future grant applications submitted by the
GRANTEE under the Michigan Natural Resources Trust Fund and the Land
and Water Conservation Fund; and/or
d. Require repayment of grant funds already paid to GRANTEE.
e. Require specific performance of the Agreement.
29. The GRANTEE agrees that the benefit to be derived by the State of Michigan from
the full compliance by the GRANTEE with the terms of this Agreement is the
preservation, protection and the net increase in the quality of public outdoor
recreation facilities and resources which are available to the people of the State and
of the United States and such benefit exceeds to an immeasurable and
unascertainable extent the amount of money furnished by the State of Michigan by
way of assistance under the terms of this Agreement. The GRANTEE agrees that
after final reimbursement has been made to the GRANTEE, repayment by the
GRANTEE of grant funds received would be inadequate compensation to the State
for any breach of this Agreement. The GRANTEE further agrees therefore, that the
appropriate remedy in the event of a breach by the GRANTEE of this Agreement
after final reimbursement has been made shall be the specific performance of this
Agreement.
9 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
30. The GRANTEE shall return all grant money if the project area or project facilities are
not constructed, operated or used in accordance with this Agreement.
31. The GRANTEE agrees not to discriminate against an employee or applicant for
employment with respect to hire, tenure, terms, conditions, or privileges of
employment, or a matter directly or indirectly related to employment, because of
race, color, religion, national origin, age, sex, height, weight, marital status, familial
status or disability that is unrelated to the person's ability to perform the duties of a
particular job or position. The GRANTEE further agrees that any subcontract shall
contain non-discrimination provisions which are not less stringent than this provision
and binding upon any and all subcontractors. A breach of this covenant shall be
regarded as a material breach of this Agreement.
32. The DEPARTMENT shall terminate and recover grant funds paid if the GRANTEE
or any subcontractor, manufacturer, or supplier of the GRANTEE appears in the
register compiled by the Michigan Department of Labor and Economic Growth
pursuant to Public Act No. 278 of 1980.
33. The GRANTEE hereby agrees to bury all new telephone and electrical wiring within
the project area.
34. The GRANTEE may not assign or transfer any interest in this Agreement without
prior written authorization of the DEPARTMENT.
35. The rights of the DEPARTMENT under this Agreement shall continue in perpetuity.
36. The Agreement may be executed separately by the parties. This Agreement is not
effective until:
a. The GRANTEE has signed the Agreement and returned it together with the
necessary attachments within 90 days of the date the Agreement is issued
by the DEPARTMENT, and
b. The DEPARTMENT has signed the Agreement.
10 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST F UND
DEVELOPMEN T PROJECT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on
this date.
Approved by resolution (true copy attached) of the _--=.J-=u=n= e_.:.._14..:...,,L........:2~0~0:..::5:___
date
_ _R_e-=g'-u_l_a_r_____ meeting of the ___C_i;;...;t'-'y__;:C_;;o..;.:.m=m=
i=s=s=i-=-o=n------
(special or regular) (name of approving body)
GRANTEE
SIGNED : WITNESSED BY:
City of Muskegon
Date: 6- ~I-(}.;-
Grantee's Federal 10#
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
SIGNED: WITNESSED BY:
1) _ __ __ __ __ _ _ __
By~~~~----------
Jim Wood
Title: Chief, Grants Contracts and 2) ________________________
Customer Systems
Date:
- - - -- -- - - - - - - -
11 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN t~A TURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
APPENDIX A
LEGAL DESCRIPTION OF THE PROJECT AREA
12of15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST FUND
DEVELOPMENT PROJECT AGREEMENT
APPENDIX B
BOUNDARY MAP OF JHE PROJECT AREA
13 of 15 PR1920 (Rev. 05/12/2005)
MICHIGAN NATURAL RESOURCES TRUST Fur~D
DEVELOPMENT PROJECT AGREEMENT
APPENDIXC
RECREATION GRANT APPLICATION TF 04-025
(incorporated herein by reference)
14 of 15 PR1920 (Rev. 05/12/2005)
RESOLUTION
(Bike Path Phase I)
2005-52(h)
Upon motion made by Commissioner Carter, seconded by Commissioner Davis, the
following Resolution was adopted:
"RESOLVED, that the City of Muskegon, Michigan, does herby accept the terms of the
Agreement as received from the Michigan Department ofNatural Resources, and that the City of
Muskegon does herby specifically agree, but not by way of limitation, as follows:
1. To appropriate all funds necessary to complete the project during the project
period and to provide one million three hundred thousand ($1,300,000) dollars
to match the grant authorized by the DEPARTMENT of which $799,370 a
federal grant from Transportation Enhancement Fund.
2. To maintain satisfactory financial accounts, documents, and records to make them
available to the DEPARTMENT for auditing at reasonable times.
3. To construct the project and provide such funds, services, and materials as may be
necessary to satisfy the terms of said Agreement.
4. To regulate the use of the facility constructed and reserved under this Agreement
to assure the use thereof by the public on equal and reasonable terms.
5. To comply with any and all terms of said Agreement including all terms not
specifically set forth in the foregoing portions of this Resolution."
The following aye votes were recorded: Davis, Gawron, Larson, Shepherd, Spataro,
Warmington, and Carter
The following nay votes were recorded: None
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
I, Gail A. Kundinger, Clerk of the City of Muskegon, Michigan, do hereby certify that the
above is a true and correct copy of the Resolution relative to the Agreement with the Michigan
Department of Natural Resources, which Resolution was adopted by the City Commission at a
meeting held 6/14/05.
~o.L-
~
Gail A. Kundinger
City Clerk
lo - \\,.,. ~ C$""
Dated:
Memo
To: City Com~i
· City Manager
From: Finance .·ire ' .
Date: June 6, 0 .. ·
Re: Contract for Independent Audit Services
Background
You will recall that the City's contract for audit services with Hoffman, Steensma,
Plamondon (HSP) concluded with the December 31, 2003 audit. A one-year
extension was agreed to in mid-2004 due to the fact that the City was seeking voter
approval to change its fiscal year. It was deemed desirable to ensure audit
continuity during the potential fiscal year change.
Ultimately, voters did not approve the fiscal year change and HSP made the
business decision in early 2005 to exit the governmental audit business. Another
downtown audit firm (Brickley, Delong) acquired most of the governmental audit
contracts and staff from HSP. Brickley Delong performed the City's December 31,
2004 audit.
Issue
Put simply, the issue at hand is whether to seek competitive proposals at this time
for the City's audit. Historically, there have been at least two in-city firms competing
for the City's audit work as well as firms from as far away as Grand Rapids and
Saginaw.
• Page 1
0:\FINANCE\PAUL\MyDocuments\MEMO ·CITY COMMISSION 2005 Audit Proposal.doc
The City is not required to seek proposals for professional services such as audit
services. While there are obvious reasons for doing so (lowest competitive price,
etc.), there are sometimes less tangible factors that are more important.
For example, as the only in-city firm capable of doing the City's audit work, Brickley
Delong is a major downtown tenant employing 40+ mostly professional positions.
The firm is one of the City's top 50 income tax remitters. At this point in the City's
history, staff believes these factors are more important than a competitive price
comparison.
Brickley performed very well during the December 31, 2004 audit and clearly has the
staff and experience needed for the job. Moreover, staff believes their proposed
pricing (2% annual increases) is very competitive particularly considering the City's
audit is done during tax preparation season.
Recommendation
Accordingly it is recommended that Brickley, Delong be selected as the City's
independent auditor for the fiscal years ending December 31, 2005, 2006, and 2007.
Please let me know if you have any questions concerning the matters discussed in
this memo.
Thank you.
• Page2
BRICKLEY DELONG
CERTIFIED PUBLiC ACCOUNTANTS
May23,2005
Mr. Timothy J. Paul
Director of Finance
City of Muskegon
933 Terrace Street
Muskegon,MI 49443-0536
Dear Mr. Paul:
Thank you for requesting Brickley DeLong, PLC to submit a proposal for audit and other services
to the City of Muskegon.
Our proposal is for the audit of the City of Muskegon financial statements for the years ending
December 31, 2005, 2006 and 2007. Our fees for the financial statement audit services will not
exceed $34,675,$35,375 and $36,075, respectively. If actual time and expenses are less than this
amount, we will reduce our fees accordingly. Our fees were determined on the assumption that we
will receive cooperation and assistance from your organization to facilitate completion of the
engagement and that the City's records will be in an auditable condition.
Our audits will be made in accordance with generally accepted auditing standards adopted by the
American Institute of Certified Public Accountants and Government Audit Standards issued by the
U.S. Comptroller and will include such tests of accounting data and procedures as we consider
necessary under the circumstances.
We are confident that Brickley DeLong, PLC can meet your needs, and we would welcome the
opportunity to continue to serve City of Muskegon.
We look forward to hearing from you. If you desire any additional information, please call. Thank
you for your time and consideration.
Sincerely,
~!~fLc
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IALENTBANKAPPI.ICATION
2 9 ~-10',
NO~ease Ty~e o~ Print. Applications will be kept on file for one year All applicants subject to abackground cfleck.
City Clerks--et'iiT _ I
NAME: J2 (.S C /V
HOME ADDRESS:___~/:_LLJ:-!-.If_,(!':._,-=--=-__.-,-</'-f~"""C'-'r.c_o~~·.k:c!.:...le~;-LfhLLLiu/,<,.l,Ar:--:)J'e.4_.'4-"t'CL1&tj_....J..J(Y;uJ~<""-~~f--"'-+T--t7'-. V z '1.
(Street, City, State, Zip) .J
HOME PHONE #: ?'13)___ Z_;ff? - S-?,_ a 7 woRK PHONE #:._ _.!:..:N~·c:_
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OCCUPATION:__·-::J-1-·
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(If retired, give former occupation)
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EoucATION::_
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PERSONAL & COMMUNITY ACTIVITIES: -~c~·a~·!..:.(e:::'--=:fj::l·_,_';..J.U~<'J.f!_~_...J+o~_ __.:[u.:.£2:....)~/_p:t::..JQ<.Ll.JLI.:;'-s~----
auld you be a good member of this committee? What do you bring to the oommittee ?
{) l! d E re.:;; h t'cl <Ul->
EFERENCES: (Please list the name and phone numbers of three personal references)
1 /~<2-J ;2-3/, ztl<i- qtv I IJ'
2.
{f c:/ ,i /J<?, S._ ,23/~ t-
(Phon§)IJ~mlier)
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pr.·c_-<0 &31-~h?£3N:t=:: 9o 7?
(Phone Number)
PLEASE INDICATE BOARDS/COMMISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS
YOUR FIRST PREFERENCE:
( ) Board of Canvassers ( ) Housing Code Board of Appeals
( ) Board of Review ~Housing Commission
( ) Cemetery Committee ( ) Income Tax Board of Review
( ) Citizen's Police Review Board ( ) Land Reutiiizatiof} CommiF:;:e
00 City Employees Pension Board ( ) Leisure Services Board
( ) Civil Service Commission ( ) Loan Fund Advisory Committee
( ) CDBG-Citizen's District Coundl ( ) Local Develop. Finance Authority
( ) Construction Board of Appeals ( ) Local Office(s Compensation Com.
~District Library Board ( ) Planning Commission
( ) Downtown Development Authority/Brownfield Board ( ) Police/Fireman's Pension Board
( ) Election Commission ( ) Public Relations Committee
( ) Equal Opportunity Committee ( ) Zoning Boand of Appeals
( ) Historic District Commission
( ) Hospital Finance Authority
Are you willing to serve on other boards/oommittees not checked off above? @ NO (Cirde one)
• Attach Additional Sheets or Resume if Desired.
Retum this fonm to: City Clerk's Office, 933 Terrace St., P. 0. Box 536, Muskegon, Ml 49443--0536
- v -
Commission Meeting Date: June 14,2005
Date: June 1, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot at 1259 Marquette
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1259 Marquette Street (Parcel #24-611-000-
0482-00) to Garry & Earnestine Gaines, 881 Getty Street, Muskegon, MI. The lot is 116.45
x 132ft. (15,371.40 sq. ft.) and is being offered to Garry & Earnestine Gaines for $11,000
($9,000 for the lot and $2,000 to the realtor). Garry & Earnestine Gaines will be constructing
a two story, 3 bedroom, single family home with an attached garage, which will comply with
the City's Policy for Sale of City-Owned Residential Property. The True Cash Value (TCV)
for the property listed in the Assessor's office is $12,000, and our price is set at $9,000
which is 75% of that amount. The reason that the price is $11,000 is because this is part of
a construction loan. The City will receive $9,000 for the property per policy. The realtor, at
the time of closing, will receive $2,000. The realtor fees are not paid by the City, but by the
purchaser.
FINANCIAL IMPACT:
The sale of this lot for construction of 1 (one) new home will generate additional tax revenue
for the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
None.
Resolution No. 2005 -53(d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1259 MARQUETTE
STREET IN MARQUETTE NEIGHBORHOOD FOR $ 11 ,000 ($9,000 FOR THE LOT AND
$2,000 TO THE REALTOR).
WH EREAS, GaiTy & Eamestine Gaines has placed a $400 deposit for the parcel designated as
parcel number 24-611-000-0482-00, located at 1259 Marquette Street; and
WHEREAS, the price for parcel number 24-6 11-000-0482-00 is set by the City at $9,000, which is
75% of the True Cash Value (TCV) listed in the City Assessor's Office; and
WH EREAS, the sale would generate additional tax revenue for the City and relieve the City of
fm1her maintenance costs; and
WHEREAS, the sale is consistent with C ity policy regarding the disposition of buildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-61 1-000-0482-00, located at 1259
Marquette Street be sold to Garry & Earnestine Gaines $ 11 ,000 ($9,000 for the lot and $2,000 to the
realtor).
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2 LOT 482, ELY 34' LOT
483, & LOT 481 EX W 51.45'
Adopted this 14111 day of June 2005.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Cat1er, and Davis
Nays: None
Absent: None
Gail Kundinger, MMC
City Clerk
CERTIFICATION
2005-53(d)
I hereby certify that the foregoing constitutes a true and complete copy of a resolutio n adopted b y
the City Commi ssion of the C ity of Muskegon, County of Muskegon, Michigan at a regular
meeting held on June 14, 2005. • . , j _
By: ~
Gail Kundinger,
City Clerk
City-Owned Property to Sell
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made , 2005, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and GARRY & EARNESTINE GAINES, married, of881 Getty
Street, Muskegon, Michigan 49442 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.2, LOT 482, EASTERLY 34 FEET OF LOT
483 AND LOT 481 EXCEPT THE WEST 51.45 FEET (COMMON ADDRESS: 1259 MARQUETTE)
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Eleven Thousand and no/100 Dollars ($11,000.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (1 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (10) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (I) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the home
and driveway. The home shall be substantially completed within eighteen (18) months and, in
0:\Pianning\COMMON\Property\Buitdable Lot Sales\2005 Buildable Lot Sales\1259 Marquette\Purchase Agreement.DOC
the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the prope11y and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
200_ ("Closing"). The Closing shall be conducted at Land America Transnation Title
Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the
parties shall execute an IRS closing report at the Closing. There will be $2,000 of the $11,000
issued to the buyer's realtor. This fee will be considered paid by the buyer.
9. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
I 0. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
0:\P!anning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1259 Marquetle\Purchase Agreement. DOC
II. Date of Possession. Possession of Premises is to be delivered, to Buyer by Seller
on the date of Closing.
12. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
13. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable lot Sales\1259 Marquette\Purchase Agreement.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to GARRY & EARo"\'ESTINE GAINES, married, of 881 Getty Street, Muskegon, Michigan
49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 482, EASTERLY 34 FEET OF LOT
483 AND LOT 481 EXCEPT THE WEST 51.45 FEET (COMMON ADDRESS: 1259 MARQUETTE)
for the sum of Eleven Thousand and no/100 Dollars ($11,000.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family home on the
premises herein conveyed within eighteen (18) months after the date hereof. In default of such construction, title to
the premises shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition,
the City of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee or its
assigns. Buyer shall remove only those trees necessary for construction of the home and driveway. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole
opinion of the City of Muskegon's Director oflnspections, substantial completion of the dwelling described in the
said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above
shall be improved with not more than one (I) single family home, and it shall be owner-occupied for five (5) years
after the date of this deed. These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _ _ day of~------' 2005.
Signed in the presence of:
i/17cl4 /c,(ff7F
Gt~Anbt nUL
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ,l,•tn c.: d! , 2005, by
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY
OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier [;ncl4 S.. floifrr· ,NotaryPublic
Parmenter O'Toole Acting in the County of mu
5 IYI'ec •")
175 W. Apple Avenue/P.O. Box 786 1J/a s %1f·".'" . ,, . ·- Cotfn.ty, Michigan
Muskegon, MI 49443-0786 My Comm. xpues. 1 - c2 -~ - c.J tj'~
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
WITNESSES: SELLER: CITY OF MUSKEGON
BUYER:
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\1259 Marquette\Purchase Agreement.DOC
Commission Meeting Date: June 14, 2005
Date: May31,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing • Request to Establish an Obsolete Property
District- 790 Terrace
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Promised Land
Associates, 420 Carmen Street, Spring Lake Ml 49456, has requested the
establishment of an Obsolete Property District. The district would be located at 790
Terrace Street, Muskegon, MI. This project will consist of rehabbing this building into a
restaurant/banquet hall. A description of the project is found on the following pages.
Total capital investment for this project is $1,200,000. The project will result in the
creation of 40+ new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing an Obsolete Property District for 790
Terrace Street, Muskegon, MI.
COMMITTEE RECOMMENDATION:
Application for Obsolete Prope1=ty Rehabilitation Exemption Certificate
Attachment I
a) General desqiption of the obsolete facility:
Situated on a 13,770 square foot Jot with unlit parking, the subject is a 2-story
masonry building measuring 90 feet by 42 feet on a full basement with 7,560 square feet of
above grade floor-space and 3,780 square feet in the basement level. The original structure
is estimated to have been built in the 1880's. Last used as a pizza restaurant (main level),
the building has been vacant for over 5 years. Vacant since a fire damaged the interior over
30 years ago, the upper level last housed the 'House of Chan' Chinese restaurant.
b) General description of the proposed use of the •·ehabilitated facility:
The facility will be used as a restaurant-banquet hall, offering live entertainment and
prepared food/beverages for consumption on the premises as well. as catered food service to
the metro-Muskegon area. Seating capacity for the main-floor restaurant is projected at 132
and seating on the 2"d floor banquet hall is projected to be 300.
c) Description of the general nature and extent of the rehabilitation to be undertaken:
Parking areas will be repaired/resmfaced, and illumination systems installed. An
outdoor dining terrace will be added. The existing facility will be expanded to house an
·elevator and an additional stairway. The building exterior will be modified to provide as
much as possible, a virtually maintenance-free and visibly pleasing elevation that will blend
with the new look of downtown Muskegon. Interior changes will include modification of
the structural, mechanical, and electrical systems required to meet current building code for
the proposed use. All three levels (lower, main and upper) will be brought up to the
standards necessary to compete favorably in the Muskegon area market.
d) Description of fixed building equipment that will be a part of the rehabilitated
facility:
Fixtures and equipment will include necessary items for compliance with codes
governing the safe, sanitary, efficient serving of !bod for public consmnption and the
delivery of live, on"site entertaimnent. Installation of food/beverage storage equipment,
food preparation, and serving systems for the 432 patrons on-site capacity, as well as
additional required equipment for off-site catering services will be accomplished. Passenger
and freight elevators, handicap accessible restroom facilities, dtmJb waiters, fire-suppression
systems, kitchen built"ins, sound & video systems, room partitioning systems, etc. are
among the additions specified to meet ctment reb~liatory and competitive market standards
Page I of2
e) Time schedule for undertaking and completing the rehabilitation of the facility:
Approximate completion time is estimated at 6-8 months from the start date,
excluding any unanticipated work stoppages/delays.
f) Statement of economic advantages expected from exemption:
The exemption will facilitate achievement of a minimmn rate of return on investment
needed as downtown Muskegon gradually builds a reputation and following as a destination.
While the site is not contained in either the Tllx-Free Renaissance Zone or the Smart Zone,
its strategic location (across the street from both zones) will build economic synergy on the
.Smart Zone's southern border and the Renaissance Zone's eastern border. As one of the first
'new' downtown additions, this project will stimulate downtown traffic, and provide another
opportunity to re-circulate capital within the downtown area. In addition, the ownership and
opemtion ofthis project will demonstrate a 'worker-owner' concept- one ofthe first
economic models,ofthis nature in the mid-west. Central to this concept is the retention and
re-circulation of capital among local businesses.
Puge 2f?(2
Attachment A: District Description
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 10, 11 & 12 EXC SLY 63FT THEREOF, ALSO
LOT 13 & NLY 12FT OF NWLY 41FT OF LOT 14 BLOCK 175
CERTIFICATE
2005-54(a)
This resolution was adopted at a meeting of the City Commission, held on June 14, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By .rL~ a li,, cl_ ,,0
Gail A. Kundinger, MMC
<!.< ;__,
Clerk
Commission Meeting Date: June 14, 2005
Date: May31,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing • Request to issue an Obsolete Property
Certificate- 790 Terrace
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Promised Land
Associates, 420 Carmen Street, Spring Lake Ml 49456, has requested the issuance of an
Obsolete Property Certificate for the property located at 790 Terrace Street Muskegon, MI.
Total capital investment for this project is $1,200,000. The project consists of a
restaurant/banquet hall that will also feature live entertainment. This project will result in
the creation of 40+ new jobs in the City. Because of these new jobs, and the amount of
investment, the applicant is eligible for a 12 year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution issuing an Obsolete Property Certificate for 790
Terrace Street, Muskegon, MI.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2005-54(b)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by
Promised Land Associates
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property Rehabilitation Exemption
Certificate from Promised Land Associates, to apply to the improvements located in an Obsolete
Property Rehabilitation District established by previous resolution.
B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9
of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located was
established after hearing on June 14, 2005, being the same date that the district was
established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of
properties already exempted under PA 146 of 2000 and under PA 198 of 1974, does not exceed
five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is determined that the said taxable values do exceed five percent (5%), the City
Commission determines further that the said excedence will not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of any
affected taxing units.
F. This resolution of approval is considered by the City Commission on June 14, 2005, after a
public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date.
G. The applicant, Promised Land Associates, is not delinquent any taxes related to the facility.
H. The exemption to be granted by this resolution is for twelve (12) years.
I. The City Commission finds that the property for which the Obsolete Property Rehabilitation
Exemption Certificate is sought is obsolete property within the meaning of Section 2(h) of Public Act
146 of 2000 in that the property, which is commercial, is functionally obsolete. The City has received
from the applicant all the items required by Section 9 of the application form, being the general
description of the obsolete facility, a general description of the proposed use, a description of the
general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building
equipment that will be part of the rehabilitated facility, a time schedule for undertaking and complete
the rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occurred before the establishment of the district.
K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated
within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation
District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the
Certificate, have the reasonable likelihood to increase commercial activity and create employment; it
will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten
percent (10%) of the true cash value of the property at the commencement of the rehabilitation.
M. The City Commission determines that the applicant shall have twelve (12) months to complete the
rehabilitation. It shall be completed by June 14, 2006, or one year after the Certificate is issued,
whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of
Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City
Commission hereby approves the application filed by Promised Land Associates, for an Obsolete
Property Rehabilitation Exemption Certificate, to be effective for a period of twelve (12) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in
Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply
with the representations and conditions set forth in the recitals above and in the application material
submitted to the City.
This resolution passed.
Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
CITY OF MUSKEGON
By L 0 ·~v'CL.'B"~
Gail A. Kundinger, MMC •
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on June 14, 2005. The meeting was
properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public
Acts of 1976.
CITY OF MUSKEGON
By ~~L 0M~
I 'c~ ~v·(
Gail A. Kundinger,
1
,v
City Clerk
Attachment A:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 10, 11 & 12 EXC SLY 63FT THEREOF, ALSO
LOT 13 & NLY 12 FT OF NWLY 41 FT OF LOT 14 BLOCK 175
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: June 14, 2005
RE: Public Hearing
Spreading of the Special Assessment Roll
McCracken, Sherman Blvd. to Lakeshore Dr.
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for McCracken Street,
Sherman Blvd., Lakeshore Dr., and to adopt the attached resolution confirming the special
assessment roll.
FINANCIAL IMPACT:
A total of$155,377.46 would be spread against seventy five (75) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2005-54(c)
Resolution Confirming Special Assessment Roll
For McCracken St., Sherman Blvd. to Lakeshore Dr.
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on February 10, 2004, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( 10) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR McCracken St., Sherman Blvd. to Lakeshore Dr.
Continued ...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on June 14, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being June 14, 2005.
City of Muskegon
By __,~
,_G_; a'l.-1= ~-.=K,_p_.n=d~in-ge-t'-M-M-C~
City Clerk
--d" "PY·~
-
EXHIBIT A
McCRACKEN ST., SHERMAN BLYD. TO LAKESHORE DR.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE
DR.
McCracken St., Sherman Blvd. to Lakeshore Dr.
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
June 3, 2004
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PROPERTY ADDRESS
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
Public._Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JUNE 14, 2005 at 5:30P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval. or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JUNE 14, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517-334-
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING. YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $975,000.00 of which
$155,377.46 will be paid by special assessment. If the special assessment is confirmed, your property
will be assessed $1565.58 based on 44.54 feet assessable front footage at $35.15 per assessable foot
for the street improvements. In addition, you will be assessed $0 for driveway approach and/or sidewalk
improvements made to your property for a total special assessment cost of $1565.58 Following are the
terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $156.56 PER YEAR
Due Date: August 15th, 2005
CDBG Approved You Owe $0.00
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
/>"'
' ;{,' /! /
!, ") ' .-·
'
.-; '
;!lht · -· ···· --ftrt)" J<, /.(
Mohammed AI-Shatel, P.E.
City Engineer
Enclosures
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paJd in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1561
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
. ·. ....
. HOUSEHOLD INFORMATION .· ..
Name: Birthdate: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this information)
Number Living in Household: List information for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _-_ _
Name Birth date Social Security# _ _-_ _-_ _
Name Birth date Social Security # _ _-_ _-_ _
Name Birthdate Social Security # - -
·.· .··
·.
••••••
INCOME INFORMATION .•
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
Wage earner:
Total: $
... . ·.·
. ..... .· PROPERTY INFORMATION .
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Cunent ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
.. . ·. . .·
..... · . . OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infom1ation in this application, and all infonnation furnished in support of this application, is ttue and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's sit,'llalure will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
..... ·. FOR OFFICE USE ONLY .· .. •
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
CITY OF MUSKEGON
STREET- H-1561
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
REQUEST FOR WAIVER OF SPECIAL ASSESSMENT
[_Note: You may receive this application several times- Ifyou have already applied, please discard.
Dear Resident:
The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
v' Applicants must submit proof that their total household income does not exceed 65% of Area Median
Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
2003, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
mcome.
2002
EDIAN HOUSEHOLD INCOME CHART ··
FAMILY SIZE INCOME LIMIT
I $27,885
2 31,850
3 35,880
4 39,845
5 43,030
6 46,326
7 49,400
8 52,585
For each extra, add 3,185
v' Applicants must submit proof that they both own and occupy property at the time of application; Land
Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
a deed, m01igage, or land contract; proof of occupancy can be a copy of a driver's license or other official
document showing both your name and address.
v' Applicants must submit proof of current property insurance.
Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
supp01iing documentation, to: City of Muskegon
Community & Neighborhood Services
933 Terrace Street, 2nd Floor
Muskegon,MI49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City re.'ie1Ves the right to verifj1 all application information, and to reject any applications that contain falsified information or insufficient
documentation.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
CONFIRMATION OF SPECIAL ASSESSMENT ROLLS
SPECIAL ASSESSMENT DISTRICTS:
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
The location of the special assessment districts and the properties proposed to be assessed are:
All parcels abutting McCracken St. from Sherman Blvd. to Lakeshore Dr.
PLEASE TAKE NOTICE that a hearing to confirm the special a~essment rolls will be held at
the City of Muskegon Commission Chambers on June 14, 200t"at 5:30p.m.
At the time set for the hearing the City Commission will examine and determine whether to
approve the special assessment rolls that have been prepared and submitted for the purpose of
said hearing and for examination by those persons to be assessed. The special assessment rolls
are on file and may be examined during regular business hours at the City Engineer's office
between 8:00a.m. and 5:00p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE
SPECIAL ASSESSMENT ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS
FROM THEDATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL
WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST
AT THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL
ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special
assessment districts should be created, the improvements made, and the assessments levied. The
purpose of these hearings is to hear objections to the assessment rolls and to approve, reject, or
correct the said rolls
Gail A. Kundinger, City Clerk
Publish: JUNE 4, 2005
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for
the hearing impaired, audiotapes for the visually impaired, etc., for disabled persons who want to
attend the meeting, upon twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 ofTDD (231) 724-6773
Acct# 643-6044 7-5267
0:\ENGINEERING\COMMON\2004 PROJECTS MASTER\Projects\McCRACKEN, MDOl\McCracken SA Confirm Chronicle Noticc.doc
RECEIVED
CITY OF MUSKEGON
FEB 2 5 2004
CITY OF MUSKEGON
ENGINEERING DEPARTMENT
Resolution No. 2004-lS(d)
Resolution At First Hearing Creating Special Assessment District
For McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on February 10, 2004 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held February 10,2004, there were 26.37% objections by the owners of
the property in the district registered at the hearing either in writing received before or at
the hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set fmth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. T he City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Davis and --~~~-------------
Larson
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 25.81% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at wh ich the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Shepherd, Spataro, Warmington, Carter , Davis, Gawron , Larson
Nays None
CITY OF MUSKEGON
By ;i~.D. L~~.j
Gail A. Kundinger, Cler
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 10, 2004.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By 4.t.g~din~e~~
EXHIBIT A
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE
DR.
LOCATION MAP
.i
PHILO A!If
I
.__IF;;=;_-
:n.
~~- !£TART A\ot:
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
McCracken St. Sherman Blvd to Lakeshore Dr.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 30TH DAY ~Y, 2004.
. D. .
SUBSCRIBED AND SWORN TO BEFORE ME THIS
//tiJ DAY OF &/;cugG)? , 2004.
dvnda ~, 4t6a
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 2-d0- 0 ~
H 1561 HEARING DATE JUNE 14, 2005
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING ISW TOTAL
24-779-001-0004-00 2591.0 MCCRACKEN THORSEN PAUL DISH 3377 WINNETASKA MUSKEGON Ml 49441 $4,696.74 $0.00 $4,696.74
24-779-001-0003-00 2571.0 MCCRACKEN JIBSON PHILIP L 2571 MCCRACKEN ST MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-779-001-0002·00 2563.0 MCCRACKEN NELSON EVELYN 2563 MCCRACKEN ST MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-779-001-0001-00 2011.0 LETART AVE HOLDEMAN STEPHEN 2011 LETART AVE MUSKEGON Ml 49441-1 $1,565.58 $0.00 $1,565.58
24-205-650-0006-00 2012.0 LETART AVE HOPKINS JEFFERY L 2012 LETART AVE MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-205-650-0005-00 2533.0 MCCRACKEN FERRIS ROGER L 2533 MCCRACKEN ST MUSKEGON Ml 49441 $2,110.41 $0.00 $2,110.41
24-205-650-0004-00 2525.0 MCCRACKEN FISHER STEPHEN DIR 2525 MCCRACKEN ST MUSKEGON Ml 49441 $1,282.98 $0.00 $1,282.98
24-205-650-0002-00 2521.0 MCCRACKEN SANFORD IVAN USAN 2521 MCCRACKEN ST MUSKEGON Ml 49441 $2,866.13 $0.00 $2,866.13
24-205-650-0001-00 2509.0 MCCRACKEN COLEGROVE RONALD 2509 MCCRACKEN ST MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-205-649-0005-00 2493.0 MCCRACKEN FLICKEMA DAVID A 2493 MCCRACKEN ST MUSKEGON Ml 49441 $3,131.16 $0.00 $3,131.16
24-205-649-0003-00 2471.0 MCCRACKEN BACHELLER GORDON 2471 MCCRACKEN ST MUSKEGON Ml 49441 $3,131.16 $0.00 $3,131.16
24-205-649-0002-00 2465.0 MCCRACKEN THEILE RAY 2465 MCCRACKEN ST MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-205-649-0001-00 2457.0 MCCRACKEN MONROE SHARON F 2457 MCCRACKEN ST MUSKEGON Ml 49441 $1,565.58 $0.00 $1,565.58
24-205-648-0001-30 2008.0 CUTLER AVE PERTNER STACEY E 2008 CUTLER AVE MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-648-0001-20 2429.0 MCCRACKEN CARMICHAEL FOREST 2429 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-648-0001-10 2427.0 MCCRACKEN ANDERSON JON D 2427 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-205-648-0001-00 2409.0 MCCRACKEN RIPKA VINCENT A 2409 MCCRACKEN ST MUSKEGON Ml 49441 $2,056.28 $0.00 $2,056.28
24-205-647-0012-00 2389.0 MCCRACKEN BUSCH GREGORY SIC 2389 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
6/21/2005
Page 1 of 5
H 1561 HEARING DATE JUNE 14, 2005
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-647-0001-10 2365.0 MCCRACKEN ROBERTSON KURT A 2365 MCCRACKEN ST MUSKEGON Ml 49441 $4,267.21 $0.00 $4,267.21
24-205-647-0001-00 2355.0 MCCRACKEN COMEAU FRANCIS A 2355 MCCRACKEN ST MUSKEGON Ml 49441 $2,520.26 $0.00 $2,520.26
24-205-646-0019-00 2331.0 MCCRACKEN VANDENBOSCH DAVI 2331 MCCRACKEN ST MUSKEGON Ml 49441 $1,776.48 $0.00 $1,776.48
24-205-646-0001-20 2321.0 MCCRACKEN NEWMYER INVESTME PO BOX 275 MUSKEGON Ml 49443 $3,532.58 $0.00 $3,532.58
24-205-646-0001-10 2311.0 MCCRACKEN GROOMS REMONE T/ 2311 MCCRACKEN ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-644-0010-00 2287.0 MCCRACKEN BURLINGAME DAVID C 2287 MCCRACKEN ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-644-0001-10 2271.0 MCCRACKEN WAKEFIELD SAMUEL 50 LAKESHORE BLVD MUSKEGON Ml 49444 $3,532.58 $0.00 $3,532.58
24-205-644-0001-00 2265.0 MCCRACKEN VANDENBERG TRAVIS 2265 MCCRACKEN ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-643-0023-10 2239.0 MCCRACKEN CURCIO PAMELA A PO BOX222 NUNICA Ml 49448 $1,581.75 $0.00 $1,581.75
24-205-643-0001-10 2223.0 MCCRACKEN JOLMAN DAN/JULIE 2075 MINER AVE MUSKEGON Ml 49441 $3,532.58 $0.00 $3,532.58
24-205-643-0001-00 2075.0 MINER AVE JOLMAN DANIEL J/JUL 2075 MINER AVE MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-642-0019-10 2191.0 MCCRACKEN MEDENDORP ERIN PO BOX 0298 MUSKEGON Ml 49443-0 $1,581.75 $0.00 $1,581.75
24-205-642-0001-10 2175.0 MCCRACKEN WAKEFIELD SAMUEL 50 LAKESHORE BLVD MUSKEGON Ml 49444 $3,532.58 $0.00 $3,532.58
24-205-642-0001-00 2169.0 MCCRACKEN KRUZEL ALLISON J 2169 MCCRACKEN ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-205-641-0001-40 2137.0 MCCRACKEN LAKESIDE M & G DEV PO BOX 298 MUSKEGON Ml 49443-0 $1,581.75 $0.00 $1,581.75
24-205-641-0001-30 2123.0 MCCRACKEN LAKESIDE M & G DEV PO BOX 298 MUSKEGON Ml 49443-0 $2,952.60 $0.00 $2,952.60
24-205-641-0001-00 2111.0 MCCRACKEN LAKESIDE M & G DEV PO BOX 298 MUSKEGON Ml 49443-0 $1,581.75 $0.00 $1,581.75
24-645-000-0005-00 1996.0 SHERMAN BLV HOLDEMAN STEPHEN 2011 LETART AVE MUSKEGON Ml 49441-1 $2,987.75 $0.00 $2,987.75
6/21/2005
Page 2 of 5
H 1561 HEARING DATE JUNE 14, 2005
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-645-000-0003-00 2572.0 MCCRACKEN 2572 MCCRACKEN LL 6151 RIDGEVIEW DR MUSKEGON Ml 49441 $3,606.39 $0.00 $3,606.39
24-645-000-0002-00 2564.0 MCCRACKEN HARRIS MARGARET M 2564 MCCRACKEN ST MUSKEGON Ml 49441 $1,406.00 $0.00 $1,406.00
24-645-000-0001-00 2556.0 MCCRACKEN VANDENBERG TROY/J 2556 MCCRACKEN ST MUSKEGON Ml 49441 $1,406.00 $0.00 $1,406.00
24-210-001-0001-00 2538.0 MCCRACKEN BERDINSKI APRIL 2538 MCCRACKEN ST MUSKEGON Ml 49441 $1,441.15 $0.00 $1,441.15
24-210-001-0002-00 2534.0 MCCRACKEN ADAMS MARTHA J 2534 MCCRACKEN ST MUSKEGON Ml 49441 $1,476.30 $0.00 $1,476.30
24-210-001-0003-00 2530.0 MCCRACKEN MURPHY JOHN Ill/SUS 4811 KESLING CT SAN DIEGO CA 92117 $1,265.40 $0.00 $1,265.40
24-210-001-0004-00 2524.0 MCCRACKEN DTS INVESTMENTS LL 2711 WHITEHALL RD MUSKEGON Ml 49445 $1,406.00 $0.00 $1,406.00
24-210-001-0005-00 2518.0 MCCRACKEN MITCHELL ROSALEE/C 2518 MCCRACKEN ST MUSKEGON Ml 49441 $2,544.86 $0.00 $2,544.86
24-210-001-0007-00 1989.0 PHILO AVE 0 BRIEN AMANDA 1989 PHILO AVE MUSKEGON Ml 49441 $1,272.43 $0.00 $1,272.43
24-210-002-0001-00 1988.0 PHILO AVE HOWARD DEAN H/SHA 1988 PHILO AVE MUSKEGON Ml 49441 $1,476.30 $0.00 $1,476.30
24-210-002-0002-00 2488.0 MCCRACKEN CHARLES JASON G 2488 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-210-002-0003-00 2480.0 MCCRACKEN WILLIAMSON DORIS A 2480 MCCRACKEN ST MUSKEGON Ml 49441 $1,581.75 $0.00 $1,581.75
24-210-002-0004-00 2472.0 MCCRACKEN ARMSTRONG TODD M 2472 MCCRACKEN ST MUSKEGON Ml 49441 $2,481.59 $0.00 $2,481.59
24-210-002-0006-00 2458.0 MCCRACKEN MOLER SAM 2458 MCCRACKEN ST MUSKEGON Ml 49441 $2,109.00 $0.00 $2,109.00
24-210-003-0001-00 2442.0 MCCRACKEN EISTEDT KENTS 2442 MCCRACKEN ST MUSKEGON Ml 49441 $1,884.04 $0.00 $1,884.04
24-210-003-0002-00 2434.0 MCCRACKEN CROUCH SCOTT 2434 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-210-003-0003-00 2428.0 MCCRACKEN SMITH ERIC M/JULIA I 2428 MCCRACKEN ST MUSKEGON Ml 49441 $2,636.25 $0.00 $2,636.25
24-210-003-0005-00 2412.0 MCCRACKEN FRONCEK TIMOTHY A 2412 MCCRACKEN ST MUSKEGON Ml 49441 $1,564.18 $0.00 $1,564.18
6/21/2005
Page 3 of 5
H 1561 HEARING DATE JUNE 14, 2005
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-395-002-0001-00 2392.0 MCCRACKEN SMITH ALLEN S 2392 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-395-002-0002-00 2382.0 MCCRACKEN BARNES JUSTIN C 2382 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-395-002-0003-00 2374.0 MCCRACKEN VARGAS LONNIE L 2374 MCCRACKEN ST MUSKEGON Ml 49441 $1,757.50 $0.00 $1,757.50
24-395-002-0004-00 2360.0 MCCRACKEN FLICKEMA DONNA H 2360 MCCRACKEN ST MUSKEGON Ml 49441 $2,987.75 $0.00 $2,987.75
24-035-400-0001-01 2319.0 GREENWOOD KURDZIEL PAUL A/RE 2319 GREENWOODS MUSKEGON Ml 49441 $2,939.59 $0.00 $2,939.59
24-205-620-0001-10 2326.0 GREENWOOD WHITE WALTER 2326 GREENWOOD S MUSKEGON Ml 49441 $186.30 $0.00 $186.30
24-205-620-0001-00 2320.0 MCCRACKEN DYKSTRA RITA J/ROW 2320 MCCRACKEN ST MUSKEGON Ml 49441 $3,731.17 $0.00 $3,731.17
24-205-640-0007-00 2003.0 HARDING AVE CROSS LON L ET AL 2003 HARDING AVE MUSKEGON Ml 49441 $1,704.78 $0.00 $1,704.78
24-205-639-0008-1 0 2006.0 HARDING AVE MOORE LORI L/ARTHU 2006 HARDING AVE MUSKEGON Ml 49441 $1,159.95 $0.00 $1,159.95
24-205-639-0008-00 2272.0 MCCRACKEN KOWALSKI ROSEMAR 2101 MOON ST MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
24-205-639-0007-10 2264.0 MCCRACKEN VINTON DENNIS E PO BOX 303 MUSKEGON Ml 49443-0 $2,319.90 $0.00 $2,319.90
24-205-639-0007-00 2025.0 MORTON AVE SHERWOOD JAMES R 2025 MORTON AVE MUSKEGON Ml 49441 $1 '159.95 $0.00 $1,159.95
24-205-638-0009-00 2026.0 MORTON AVE JOHNSON JOHN 0/CO 2026 MORTON AVE MUSKEGON Ml 49441 $1,159.95 $0.00 $1,159.95
24-205-638-0008-00 2226.0 MCCRACKEN DEERY RICHARD J 3925 HARBOR POINT MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
24-205-638-0006-00 2218.0 MCCRACKEN SSKI PROPERTIES LL 3000 COUNTRY CLUB MUSKEGON Ml 49441 $1,757.50 $545.58 $2,303.08
24-205-638-0007-00 2204.0 MCCRACKEN DUDGEON LEE J/JANE 1498 HIGH ST MUSKEGON Ml 49441 $1,441.15 $0.00 $1,441.15
24-205-637-0008-00 2200.0 MCCRACKEN ALCORN JOHNNY LIM 2200 MCCRACKEN ST MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
24-205-637-0007-00 2164.0 MCCRACKEN FGA LLC 3404 FULTON AVE MUSKEGON Ml 49441 $2,319.90 $0.00 $2,319.90
6/21/2005
Page 4 of 5
H 1561 HEARING DATE JUNE 14, 2005
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
SPECIAL ASSESSMENT ROLL
DRAPP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-205-636-0009-00 2140.0 MCCRACKEN ANDERSON MARK D/K 2140 MCCRACKEN ST MUSKEGON Ml 49441 $2 ,319.90 $0.00 $2,319.90
24-205-636-0008-00 2100 .0 MCCRACKEN LEITGEB ANTHONY J 1015 CAMELOT DR MUSKEGON Ml 49445 $2,029.91 $0.00 $2,029.91
24-205-636-0007-00 2085.0 LAKESHORE D BVF PROPERTIES LLC 3276 BOLTWOOD DR MUSKEGON Ml 49441 $2, 175.08 $0.00 $2,175.08
TOTALS $154,831.88 $545.58 $155,377.46
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXE MPT
BOARD OF ASSESSORS
vT~t. ~I- R, !RECTO
\ R,COIJNTY EQUALIZAT~~~___?
~IS ~~ CITY COMMISSIONE!i?'
/) ~ I ·•~ /) ,
:J) IJ " • 6-s
~
f
;:uJU DATE
Jl,.,v e._ .2 2 oF C) s-
BILL LARSON CITY COMMISSIONER DATE
6/21 /2005
Page 5 of 5
' JUN-14-05 11g43
• AM LAKESHORE CARPET ONE 231 755 7330 P.02
6/y/os-
LAKESHORE~ CARPET ONE®
2~':>1
McCracken • Muskegon, Michigan 49441
1hom' m
I) 755-6978 • Fax (231) iss. 7130
RECEIVED
CITY OF MUSKEGON
JUN 14 2005
JUN-14-05 11:43 AM LAKESHORE CARPET ONE 231 755 7330 P.01
June 3, 2004
THORSEN PAUL OISHEILA P
3377 WINNETASKA
MUSKEGON, Ml 49441
Property Parcel Number: 24-779·001·0004-00 at 2591.0 MCCRACKEN ST
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
McCRACKEN ST., SHERMAN BLVD. TO LAKESHORE DR.
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
JUNE 14, 2005 at 5:30P.M. You are enlllled to appear at this hearing, either in person, by agenl or in
writing to express your opinion, approval, or objection concerning the special assessment. Writlen
appearances or objections must be made at or prior lo the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON Ai THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED JUNE 14, 2005 YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL (517·334·
6521 ). HOWEVER, UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT,
OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
Co~l$
The final proJected cost of the street improvement portion of the project is $975,000.00 of which
$155,377.46 will be paid by special assessment. If lhe special assessment is conf11med, your property
will be assessed $4696.74 based on 133.62 feet assessable front footage at $35.15 per assessable
foot for tho street improvements. In addition, you will be assessed $0 for driveway approach and/or
sidewalk improvemenls made to your property for a total special assessment cost of $4696.74 Following
are the terms of the special assessment:
Asseument Period; Ten (10) Years
lnte,.,st Rate; 5% per year
First Instal/men!; $469.87 PER YEAR
Due Date: August 15th, :1005
RECEIVED
CITY OF MUSKEGON
JUN 14 2005
City or Musk••gon, 9J3 Terrace Street, 1'.0. Box 536, Muskegon, M I 4944J·I ~J6
www.•horolin•city.com ENGINEERING DEPARTMENT
s. E. Holdeman
201 1 Letart Ave.
Muskegon, MI 49441-1454
June 14, 2005
City of Muskegon
Muskegon, Michigan 49443
Notice of intent to protest Special Assessment roll relating to pavement
McCracken Street, Sherman Blvd to Lakeshore Drive.
This as it affects 1996 Sherman Blvd, 49441
owned by the writer.
Property owner: Stephen E. Holdeman
/!?~
s. E. Holdeman
2011 Letart Ave
Muskegon, MI 49441
June 14, 2005
City of Mu s kegon
Muskegon, Michigan 49443
Noti c e of intent to Protest Special Assessment Roll
r e lating to McCrac ken Stree t t o She rman Blvd to Lake s hore
Drive .
This as it affects 2011 Le t a rt Ave ., Muskegon, Mi 49441
This protest to be take n to th e Michigan Tax Tribun a l .
Pro p er ty owner St e phen E . Holdeman
ftj4__?.!~
AGENDA ITEM N O . - - - - - - -
CITY COMMISSION M E E T I N G - - - - - - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 1, 2005
RE: Engineering Services Agreement for City Center Project
SUMMARY OF REQUEST:
To approve an amendment to the Engineering Services Agreement with Fleis & Vandenbrink
for the City Center Project. The scope of the project has changed significantly and requires an
increase.
FINANCIAL IMPACT:
Cost increase from $151,600 to $232,200.
BUDGET ACTION REQUIRED:
The 2005 budget will need to be amended to accommodate this change.
STAFF RECOMMENDATION:
To approve the attached amendment to the engineering agreement.
COMMITTEE RECOMMENDATION:
None.
pb/O:AGENDA- ENGNRNG SRVCS AGRMNT CITY CNTR PRJCT 050105
AGREEMENT
THIS AGREEMENT, by and between the City of Muskegon, referred to as CLIENT, and Fleis & VandenBrink
Engineering, Inc., of 2960 Lucerne Drive, SE, Grand Rapids, Michigan 49546, referred to as ENGINEER. The City
of Muskegon has entered into an Agreement for Engineering Services with Fleis & VandenBrink Engineering,
Inc. (herein referred to as Downtown Redevelopment Agreement) on street, utility design, streetscape and
snowmelt system project under the assumption that various governmental funds will be used to finance the
project.
WITNESSETH:
Whereas, it is understood by both parties the CLIENT intends to obtain grant and loan funds to pay for the
project; and
Whereas, the CLIENT has requested the ENGINEER to defer billing for the services until the grant funds are
authorized or approved; and
Whereas, the CLIENT has requested change to the original Scope of Services and has added work to the
project as described below and further described in Exhibit "A"; and
Whereas, the CLIENT has requested the ENGINEER to change Western Avenue to a boulevard cross section,
add a round-about at Third Street, and realign Third Street to accommodate the round-about and the requested
additional design services is estimated at $37,900; and
Whereas, the CLIENT has requested the ENGINEER to add Landscape Architectural Services to the contract
estimated at $45,000; and
Whereas, the CLIENT has requested the ENGINEER to add the design of the Snow Melt System tubing to the
contract estimated at $80,700; and
Whereas the total design services contract including the original design is now authorized up to $232,1 00; and
Whereas, the engineering fees for the construction phase services will need to be adjusted to reflect the final
scope of work. The authorization for construction phase services will be provided separately.
Therefore, it is hereby resolved that:
1. The payment by CLIENT for the costs of the services incurred by the ENGINEER shall not be contingent
upon the successful completion of obtaining funding and grants, the commitment for funding of any type, the approval of
the project by the Commission or any other event, action or condition, and shall be paid whether the project is terminated,
suspended or otherwise altered in any manner, and it shall be a general obligation of the CLIENT.
2. ENGINEER acknowledges that invoicing of the design services will be deferred until approval of the Grant
and/or Loan agency is completed, but not later than July 1, 2005, whichever is sooner.
3. ENGINEER is willing to carry the engineering services cost through July 1, 2005.
4. CLIENT can choose to negotiate a lump sum design fee contract based on engineering fees expended-to-
date plus any fees to finish the design at the time of invoicing. If CLIENT does not choose to negotiate a lump sum fee,
ENGINEER can bill all fees and costs expended on an hourly rate basis plus expenses with a not-to-exceed fee of
$232,100.
5. CLIENT will pay interest on all outstanding invoices beginning July 1, 2005 and any work completed to date
through July 1, 2005. Interest rate shall be 7% per annum. If any payment under this contract is not paid when due,
CLIENT agrees to pay all cost of collection including reasonable attorney fees through appellate levels, whether or not a
lawsuit is commenced as part of the collection process.
34733PSAfee1imit
IN WITNESS WHEREOF, the parties hereto have made and executed t is Agreement.
CITY OF MUSKEGON
By:
Title:
By:
Title: City Clerk Title:_ _ ____:_P..:..r~=..~·=e=
ct::...;M
= ar:-
na =g""e~r_ __ _
Date Signed: (o - II,;, - 0 S: Date Signed:_ _ ~.L--1-D-=2~a"-0_w_ _ __ _
347 33PSAfeellm~
EXHIBIT "A"
SCOPE OF SERVICE CHANGES
The Engineering Scope of Services is hereby changed as follows:
1. To include the design of a round-about at Third and Western. This work will include topographical
survey along Third Street, Third Street realignment and right-of-way description for Third Street, as
well as staging of plans for the project to be constructed in phases. This also includes changing
Western to be redesigned as a boulevard.
2. Landscape Architecture ;md Streetscape Services will be provided for Western Avenue and the
round-about at Third Street and Western Avenue. Services will include Streetscape per the
rendering of Western Avenue prepared by Fleis & VandenBrink Engineering, Inc. Irrigation design
will be provided for Western Avenue and the round-about.
3. Snowmelt tubing system will be designed per the preliminary report for the following; Western
Avenue (Terrace to Third Street), Third Street for realigned area, Jefferson (from Morris Avenue to
Clay), Market (from Morris Avenue to Clay), First Street (from Morris Avenue to Clay) and Second
Street (from Morris Avenue to Clay). Snowmelt system will be phased for First Street, Second
Street, Market, Jefferson and Third Street beyond realigned area. Scope does not include design of
boiler systems or building to house the boiler system.
4. Additional construction phase engineering services, if completed concurrently, are estimated as
follows:
a. Modify to boulevard section and delete side street - no change is anticipated based on no
change in contract time.
b. Landscape and Streetscape- estimated at 4% of landscape related items.
c. Snowmelt Piping -Estimated at 5% of snowmelt piping related items.
34733PSAfeelimlt
Commission Meeting Date: June 14, 2005
Date: June 7, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.J2,c
RE: Resolution to submit Urban Land Assembly Loan application
related to former Mall Site redevelopment
SUMMARY OF REQUEST:
One of the funding mechanisms that has been identified for the redevelopment of the
former Mall site is an Urban Land Assembly (ULA). At this time Staff is requesting
authorization to apply for a loan from the Michigan Economic Development Corporation
(MEDC) for the amount of $700,000. This money would be used to purchase the Right Of
Way's necessary for street construction along with other streetscape improvements.
FINANCIAL IMPACT:
Repayment of the loan would consist of $20,000 per year for the first five years, and
$120,000 per year for the next five years.
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION:
Approval of the attached resolution authorizing Staff to submit a ULA Loan application to
the MEDC.
COMMITTEE RECOMMENDATION:
Resolution No. 2005-55 (b)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPLY FOR URBAN LAND ASSEMBLY LOAN THROUGH THE MICHIGAN
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS, The City of Muskegon is actively pursuing the redevelopment of the site formerly
known as the Muskegon Mall.
WHEREAS, funding for the redevelopment require the pursuit of grant and loan funding through
various economic development agencies such as Community Development Block Grant (CDBG)
and the Michigan Economic Development Corporation (MEDC).
WHEREAS, the receipt of new Urban Land Assembly (ULA) revolving loans through the Michigan
Economic Development Corporation for the purpose of land assembly and site redevelopment, at
said former mall site, are required to bring the project to realization.
WHEREAS, the loan request entails new loans approximating $700,000.
NOW THEREFORE BE IT RESOLVED that the City of Muskegon hereby makes application to the
Michigan Economic Development Corporation for a new Urban Land Assembly (ULA) revolving
loan, for the purpose of land assembly and redevelopment at the former mall site.
Adopted this June 14,2005.
Ayes: Davis, Gawron, Iarsonr Sbepberd 1 Spataro, Warmington, and Carter
Nays: None
2005-55(b)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission held on June 14, 2005. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267
of the Public Acts of 1976.
AGENDA ITEM# _ __
TO: Mayor and City Commissioners
FROM: Lee J. Slaughter, Assistant City Manager
DATE: June 8, 2005
RE: Tentative Agreement Reached with Muskegon Firefighters Union
SUMMARY:
Staff recommends approval of the set of tentative agreements reached with the Muskegon
Firefighters Union pending ratification by the union membership; and that the Mayor be
authorized to sign the bargaining unit contract on behalf of the city.
FINANCIAL IMPACT:
The overall financial package includes the following significant economic agreements:
Union Issues
Wages: 2004 2005 2006
2.00% 2.00% 2.50%
Pension: Effective 1/1/05, the straight life pension multiplier is increased from
2.6% to 2.75%, and continue the maximum initial pension amount of 85%
of the member's Final Average Compensation.
City Issues
• Eliminate Assistant Mechanics (with conditions);
• Increase co-pays for generic drugs and brand name drugs (for individuals in the
traditional plan and for retirees);
• Increase the premium co-pay to $20.00 bi-weekly;
• Limit retirees insurance coverage to spouse and dependents at the time of retirement;
• Actuarial neutral lump sum annuity withdrawals; and
• Define Contribution for future firefighters (City to contribute I 0% and employee,
6%- mandatory) as well as available to current employees.
The financial value of insurance changes are long term and can not be stated at this time.
BUDGET CHANGE:
None
STAFF RECOMMENDATION:
Staff recommends approval.
Date: June 14, 2005
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Establishment of Defined Contribution Retirement Plan with MERS
SUMMARY OF REQUEST: To adopt the attached resolution establishing a
defined contribution retirement plan umbrella relationship with MERS. As the DC
plan is negotiated with individual bargaining units, additional resolutions specific to
each unit will be presented for your consideration.
FINANCIAL IMPACT: The move to defined contribution pension plan will have
very significant long-term financial benefits for the city. Annual pension costs will be
readily definable as a stable percent of payroll and the notion of "unfunded liability"
will be eliminated. Additionally, administrative savings will be significant.
Participating employees will also benefit through greater portability of benefits.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approval of the attached resolution establishing
the MERS DC plan and authorizing the Mayor and Clerk to execute the membership
agreement and related documents.
COMMITTEE RECOMMENDATION: None
RESOLUTION# 2005-55(d)
RESOLUTION TO ADOPT DEFINED CONTRIBUTION PLAN
WHEREAS, it has been discussed that a defined contribution plan should be adopted for various
groups of employees in lieu of continuing the Defined Benefit Plan for newly hired employees;
and,
WHEREAS, if has further been discussed that current participants in the City's Defined Benefit
Plan should be given an opportunity to convert the value of their benefit in the Defined Benefit
Plan and transfer the lump sum value to the defined contribution plan once the new plan is
adopted, and,
WHEREAS, the City desires to adopt multiple defined contribution plans through the Municipal
Employees' Retirement System with ICMA administering the plans for various groups of
employees;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it in the best interest
of the City and its employees to adopt a defined contribution program to be effective January 1,
2005, and at various later dates as will be established by separate resolution. The plans shall be
maintained for the exclusive benefit of eligible employees and their beneficiaries.
BE IT FURTHER RESOLVED, that the eligible employees in the defined contribution plans are
those employees hired after January 1, 2005, and at various later dates as will be established by
separate resolution, for the various groups of employees. Current defined benefit plan
participants will be given an opportunity to convert the value of their benefit in the Defined
Benefit Plan and transfer the lump sum value to the defined contribution plan once the new plan
is adopted. This transfer from the Defined Benefit Plan to the defined contribution plan is
irrevocable. Years of vesting service with the City will apply to the vesting schedule adopted in
the defined contribution plans.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the
Membership Agreement to participate in the Municipal Employees' Retirement System
("MERS") and the Administrative Services Agreement, which is Part II of the Amended and
Restated Alliance Agreement. The Finance Director shall be the Employer's MERS Benefit
Program Defined Contribution Plan coordinator. Certain provisions of Section 19A of the
MERS Plan Document (attached to md referenced in the Membership Agreement), which relate
to the timing and transfer of Defined Benefit Plan benefits to the defined contribution plan, may
be modified by the City as it determines appropriate. The Plan and Trust document for the
defined contribution is the ICMA 401 Governmental Money Purchase Plan & Trust Document
and for each plan that will be adopted, a MERS Revised Uniform Defined Contribution Program
Resolution and MERS Uniform Defined Contribution Program Adoption Agreement shall be
executed.
G:\EDSI\FILES\001 00\192B\RESOLUnC80712.DOC
BE IT FURTHER RESOLVED that as a defined contribution money purchase plan is adopted
for a particular group of employees, the Defined Benefit Plan shall be amended to exclude
employees hired after January 1, 2005, or various later dates as established by separate
resolution, from participating in the Defined Benefit Plan.
Adopted this ___1_4. day of June '2005.
Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
and Gawron
Nays: None
Absent: None
G:\EDSI\FILES\001 00\1928\RESOLUT\C80712.DOC
2005-SS(d)
CERTIFICATION (Adoption of defined contribution plan)
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 June 1 4 , 2005.
tlLO.~r ·
Gail A. Kundinger, MMC
Clerk, City of Muskegon
G:\EDSI\FILES\001 00\1928\RESOLUT\C80712.DOC
1
} r.t.. MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM OF MICHIGAN
MEMBERSHIP AGREEMENT
(For Defined Benefit and Defined Contribution Plans)
This AGREEMENT dated June 14 , 20_Q§__, by and between the
Retirement Board ("Board") of the Municipal Employees' Retirement System ("MERS"), and the
governing body of the City of Muskegon
an eligible participating municipality or court ("participating entity"), is entered into under the
provisions of 1996 PA 220 and the Plan Document of 1996. This Agreement does not waive or excuse
or render inapplicable all duties and obligations imposed on the parties by law or the MERS Plan
Document of 1996 as it may be revised periodically.
Through Resolution adopted June 1 4 20~, this entity has
elected to participate in MERS in accordance with Plan Section 41 or 41 A.
(Check Box I and/or Box II, as applicable.)
0 I. MERS DEFINED BENEFIT PLAN IS INITIALLY
ADOPTED
A. The participating entity has furnished MERS with data regarding each person in its employ
and the Board's actuary has computed the liabilities for service benefits payable and which may
become payable (on account of service already, and to be, rendered), as required by Plan Section 42,
through Initial Actuarial Valuation dated , 20_ _.
B. As a condition of MERS membership, and pursuant to the Board's power as Plan
Administrator and Trustee under Plan Section 36, MCL 38.1536, it is appropriate and necessary to
enter into this Agreement providing for the payment of the required contributions of a participating
entity.
I. On or before January I each calendar year, the Board's actuary shall make an Annual
Actuarial Valuation of the participating entity's accrued service liabilities, and if necessary,
adjust the amount of the annual contributions to be paid by the entity to MERS in monthly
installments. A copy of the annual valuation and required contributions shall be provided
by MERS to the participating entity on or before January 1 each year.
2. The Wage and Service Reports due monthly, and the Member and Employer Contributions
due and payable monthly, shall be submitted in accordance with the MERS Enforcement
Procedure for Prompt Reporting and Payment.
3. Should the participating entity agree to the crediting of all or a portion of pre-MERS prior
service rendered to it by its covered employees in the Resolution for Adopting MERS
Defined Benefit Programs, then the provisions of that Resolution are incorporated by
reference in this Agreement. This includes, but is not limited to, the amortization of any
unfunded prior service obligations, as adjusted in the Annual Actuarial Valuation.
Meb Agree ll/14/03 Page I of2
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4. Each contribution payment received from the participating entity (or covered employee)
shall be promptly credited by MERS to the appropriate Reserve.
5. If at any time the balance standing to the participating entity's credit in the Reserve for
Employer Contributions and Benefit Payments is insufficient to pay all service benefits due
and payable to the entity's retirants and beneficiaries, the participating entity agrees and
covenants to promptly remit to MERS the amount of such deficiency as determined and
certified by the Board. The Michigan Constitution of 1963, Article 9, Section 24, provides
that accrued financial benefits arising under a municipality's retirement plan is a
contractual obligation of the municipality, and prohibits the use of the municipality's
required current service funding to finance unfunded accrued liabilities.
6. It is further agreed that should the participating entity fail to make its required contribution
when due, the retirement service benefits due and payable by MERS on behalf of the entity
to its retirants and beneficiaries may be suspended until the delinquent payment is received
by MERS, and subject to applicable interest and penalty charges per Plan Section 45A(3)
and the MERS Enforcement Procedure for Prompt Reporting and Payment.
IKJ II. MERS DEFINED CONTRIBUTION PROGRAM
IS INITIALLY ADOPTED
The participating entity elects to come under the provisions of Plan Section 19A, and as a
condition of membership, agrees to comply with Section 19A and all other provisions and
requirements applicable to MERS Benefit Program DC.
MUNICIPAL EMPLOYEES' RETIREMENT BOARD
By:
Anne M. Wagner, Chief Executive Officer
Municipal Employees' Retirement System of Michigan
GOVERNING BODY
By:
Title:
Dated: 1,;;
Meb Agree 11114/03 Page 2 of2
Part II
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement is made as of the ___1j day of June 20_Q_5(herein referred to as the
"Inception Date"), between The International City Management Association Retirement
Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State
of Delaware, and the City of Muskegon ("Employer") a participating member of
the Municipal Employees Retirement System of Michigan ("MERS").
Recitals
WHEREAS, Employer has elected participation in MERS benefit programs and is the plan
sponsor of a retirement plan ("Plan") under the ME~~ benefit programs; and
WHEREAS, under Part I of the 2001 Alliance Agreement, RC has agreed to provide
administrative and investment-related services for the benefit ofMERS participating
municipalities and courts; and
WHEREAS, RC further has agreed to make investment options available to plans sponsored by
MERS participating municipalities and courts through VantageTrust (the "Trust"), aNew
Hampshire common law trust intended to meet the requirements of Revenue Ruling 81-100,
1981-1 C. B. 326, and provide for the commingled investment of the defined contribution plans
(and deferred compensation plans) of public sector entities; and
WHEREAS, Employer has reviewed Part I of the 2001 Alliance Agreement and the Declaration
of Trust for the Trust and wishes to engage RC to provide the services and investment vehicles
described thereunder;
NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties
hereto agree as follows:
Agreements
I. Appointment of RC
Employer hereby appoints RC as Administrator of the Plan to perform all non-
discretionary functions necessary for the administration of the Plan with respect to assets of the
Plan deposited with the Trust and the Funds, as further described in Part I of the 200 I Alliance
Agreement.
2. Adoption of Trust
Employer has adopted the Declaration of Trust and agrees to the commingled investment
of assets of the Plan within the Trust. Employer agrees that operation of the Plan and
10
. investment, management and distribution of amounts deposited in the Trust shall be subject to
the Declaration of Trust, as it may be amended from time to time and shall also be subject to
terms and conditions set forth in disclosure documents (such as the Retirement lnvestmnt Guide
or Employer Bulletins) as those terms and conditions may be adjusted from time to time.
3. Duties of Employer
Employer to furnish to RC on a timely basis such information as is necessary for RC to
carry out its responsibilities as Administrator of the RC 40l(a) Plan, including information
needed to allocate individual participant accounts to Funds in the Trust, and information as to the
employment status of participants, and participant ages, addresses and other identifying
information (including tax identification numbers). RC shall be entitled to rely upon the
accuracy of any information that is furnished to it by a responsible official of the Employer or
any information relating to an individual participant or beneficiary that is furnished by such
participant or beneficiary, and RC shall not be responsible for any error arising from its reliance
on such information.
RC .furnishes quarterly statements to MERS, Employer and participants. IfMERS, the
Employer or a participant has not notified RC, within 120 days of the end of the quarter, of any
error or objections such statement, report or accounting shall be deemed to have been accepted
by MERS, the Employer and the participant.
4. Participation in Certain Proceedings
Pursuant to its adoption of the MERS Uniform Defined Contribution Program
Resolution, each Employer hereby authorizes RC to act as agent, to appear on its behalf, and to
join the Employer as a necessary party in all legal proceedings involving the garnishment of
benefits or the transfer of benefits pursuant to the divorce or separation of participants in the RC
40l(a) Plan. The Employer consents to the distribution by RC of benefits that have been
garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations
order, or a domestic relations order determined by MERS to be a Qualified Domestic Relations
Order (QDRO) or Eligible Domestic Relations Order (EDRO) under Michigan law.
5. Amendments and Adjustments
This Agreement may not be amended except by written instrument signed by the parties
and approved by MERS.
6. Term
Employer may, upon written prior approval of MERS and RC, which shall not be
unreasonably denied, terminate this Agreement as it relates to services to be provided on behalf
of tbe Employer.
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In Witness Whereof, the parties hereto have exe~utcd this Agreement as of the Inception Date'
first above written.
EMPLOYER
Stephen J. Warmington
Mayor
Name and Title (Please Print)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT CORPORATION -"
/?./ 1./,<ti- /.
by:-:-:::---::---,-----::----'i-'--f"'_'-_ __
Paul Gallagher/Date
Corporate Secretary
12
CITY COMMISSION MEETING
Tuesday June 28, 2005
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: June 6, 2005
SUBJECT: Rejection of Bids-Demolition of the Muskegon Hotel
SUMMARY OF REQUEST:
Public Safety staff request that the Commission reject the bids that were solicited for the
demolition of the Muskegon Hotel located at 593 West Western Avenue. The bid
amounts are provided within the attached memorandum. Currently, city funding is not
available to meet the bids as submitted.
FINANCIAL IMP ACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Rejection of the bids.
CITY OF MUSKEGON
DIVISION OF PUBLIC SAFETY
Anthony L. Kleibecker
Director of Public Safety
MEMORANDUM
TO: Mr. Bryon Mazade
City Manager
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: June 6, 2005
SUBJECT: Demolition Bids-593 West Western (Muskegon Hotel)
Earlier this year, bids were solicited for the demolition of the old Muskegon Hotel at 593
West Western Avenue. The bids were opened on January 25th. Of the four bids that were
accepted, only two met the requirements as outlined in the bid proposal.
The two bids that met the requirements are as follows:
PressLLC $67,918
H&M Demolition $73,500
The two that did not meet the requirements are:
Courtaid $26,409 (Did not include engineering study)
Berlein $43,900 (Did not include asbestos/hazard removal)
Currently we are not funded to provide for this demolition process and would like to
discuss how we proceed.
If you have any questions, please don' t hesitate to contact me.
980 Jefferson Street www.muskegonpolice.com Phone: (231) 724-6955
Muskegon, Michigan Fax: (231) 725-2043
49443-0536
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