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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 25, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
a CALL TO ORDER:
o PRAYER:
a PLEDGE OF ALLEGIANCE:
a ROLL CALL:
o HONORS AND AWARDS:
a INTRODUCTIONS/PRESENTATION
A. 2003 4th Quarter Employee Suggestion Award. CIVIL SERVICE
B. 2004 1,1 Quarter Employee Suggestion Award. CIVIL SERVICE
a CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. MML-Annual Membership Dues {7 /1/04 - 6/30/05). CITY MANAGER
C. Sale of Buildable Vacant Lot on Marquette Avenue. PLANNING & ECONOMIC
DEVELOPMENT
D. Sale of Non-Buildable Portion of 1078 Marquette Avenue. PLANNING & ECONOMIC
DEVELOPMENT
E. Sale of Marginal Lot at 604 Orchard Avenue. PLANNING & ECONOMIC DEVELOPMENT
F. Sale of Non-Buildable Lot at 498 Houston Avenue. PLANNING & ECONOMIC
DEVELOPMENT
G. Sale of Marginal Lot at 1725 Terrace Street. PLANNING & ECONOMIC DEVELOPMENT
H. Sale of Non-Buildable Lot at 2175 Lakeshore Drive. PLANNING & ECONOMIC
DEVELOPMENT
I. Request for Final Planned Unit Development Approval for Phase II of V at 920
Washington Ave. • the Watermark Center {former Shaw Walker complex). PLANNING
& ECONOMIC DEVELOPMENT
J. FIRST READING: Zoning Ordinance Amendment for Taxi/Limousine Services.
PLANNING & ECONOMIC DEVELOPMENT
K. FIRST READING: Zoning Ordinance Amendment for Theaters. PLANNING &
ECONOMIC DEVELOPMENT
L. FIRST READING: Rezoning Request for Property Located at 135 Ottawa Street.
PLANNING & ECONOMIC DEVELOPMENT
M. Authorization to Utilize Staples Business Program for Office Supply Purchases. PUBLIC
SAFETY
N. 2004 Water Treatment Chemical Bids. WATER FILTRATION
□ PUBLIC HEARINGS:
A. Amendments to Brownfield Plan - "The Watermark" Project. PLANNING & ECONOMIC
DEVELOPMENT
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Muskegon Township Water Billing Service Contract. FINANCE
B. Technical Amendments to Deferred Comp Plan. FINANCE
C. Granting of Easement to Resource Industries. PLANNING & ECONOMIC DEVELOPMENT
D. 2004 Comprehensive Economic Development Strategy (CEDS) Project Submissions.
PLANNING & ECONOMIC DEVELOPMENT
E. Liquor License Request - Vickibob Corporation, 1050 W. Western Avenue, Suite 111.
CITY CLERK
F. Liquor License Transfer Request - BLMC Enterprises, Inc., 1601 Beach Street. CITY
CLERK
G. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the
Following: PUBLIC SAFETY
1. 516 Allen - Garage Only - Area 11
2. 586 Allen - Area 11
3. 492 White - Area 11
4. 593 W. Western
5. 1054 W. Grand
6. 782 W. Southern - Area 12
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed l O minutes if previously registered with City Clerk.)
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE
MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER, CITY CLERK, 933 TERRACE
STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Kundinger, Gail
From: Scholle, Karen
Sent: Thursday, May 06, 2004 12:43 PM
To: Kundinger, Gail
Cc: Mazade, Bryon; Paul, Tim; Kuhn, Bob
Subject: City Commission Agenda Item
Gail,
Please let me know the date of the meeting for the following:
TO: Honorable Mayor and City Commissioners
FROM: Karen Scholle, Civil Service Personnel Director
RE: Employee Suggestion Award Program
SUMMARY OF REQUEST:
Presentation of 2003 4th Quarter Employee Suggestion Award to
Laurie Heykoop, DPW Customer Service Representative II
for her suggestion to implement a fee for use of the City's landfill, previously used at no charge.
Presentation of 2004 1st Quarter Employee Suggestion Award to
Wayne Peterson, IT Computer Technician
for his suggestion to offer TRI CARE supplemental insurance option to military employees. The
supplement pays for out-of-pocket employee medical expenses and would be more cost effective for
the employee and the City. This could save the City the cost of Priority Health Insurance coverage premiums on
these employees.
Presentation of 2003-2004 1st program year $50 awards; randomly drawn from suggestions submitted.
(Employees' names unknown at this time.)
FINANCIAL IMPACT:
$600 from Employee Suggestions Program budget
STAFF RECOMMENDATION:
Staff requests approval.
1
Date: May 25, 2004
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 Commission
Worksession that was held on Monday, May 10, 2004; and the Regular
Commission Meeting that was held on Tuesday, May 11, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 25, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 25,
2004.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson from 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, Commissioners
Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence
Spataro, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk
Gail Kundinger.
2004-49 INTRODUCTIONS/PRESENTATION
A. 2003 4th Quarter Employee Suggestion Award. CIVIL SERVICE
Mayor Warmington presented the 2003 4th Quarter Employee Suggestion
Award to Laurie Heykoop.
B. 2004 1st Quarter Employee Suggestion Award. CIVIL SERVICE
Mayor Warmington presented the 2004 1st Quarter Employee Suggestion
Award to Wayne Peterson and also presented the Annual Random drawings to
Scott Hemmelsbach and Larry Decou.
2004-50 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, May 10, 2004; and the Regular Commission Meeting
that was held on Tuesday, May 11, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. MML - Annual Membership Dues (7 /1 /04 - 6/30/05). CITY MANAGER
SUMMARY OF REQUEST: To obtain permission from the City Commission, in
accordance with the Purchasing Policies and Procedures, to pay the MML
Annual Membership Dues for July 1, 2004, through June 30, 2005.
FINANCIAL IMPACT:
MML Membership Dues: $8,190
Environmental Affairs Assessment: 983
Legal Defense Fund Membership: 819
Total Dues: $9.992
BUDGET ACTION REQUIRED: None. Cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval
C. Sale of Buildable Vacant Lot on Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1078
Marquette Avenue to Habitat for Humanity, 280 Ottawa Street, Muskegon Ml.
The lot is 154 x 142 ft. and is being offered to Habitat for Humanity for $9,000.
They plan to split the lot into two 77 ft. lots and construct two 1,260 sq. ft single-
family home as part of the Jimmy Carter home building program. Habitat has
met with the Marquette Neighborhood Association and they are supportive of
this effort. The homes will conform to the design guidelines contained in the
"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, so our price is set at
$9,000 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of two new homes 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.
D. Sale of Non-Buildable Portion of 1078 Marquette Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a non-buildable portion (25 feet)
of a larger lot at 1078 Marquette Avenue to Doris Jibson, of 1066 Marquette
Avenue, Muskegon, Ml 49442. Approval of this sale will allow Mrs. Jibson to own
a house located on a buildable lot and expand her current yard. The remaining
154 feet has been requested by Habitat for Humanity as a buildable lot.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
E. Sale of Marginal Lot at 604 Orchard Avenue. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot at 604
Orchard Avenue to Tyrone & Nailah Matthews, 612 Orchard Avenue, Muskegon
Ml. Approval of this sale will allow the owner to have a home located on a
buildable lot and also to expand their current yard. As is outlined in the Dollar Lot
Marketing Plan, the Matthews own the smallest adjacent parcel, and are
therefore being offered the entire lot for $1 .
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
F. Sale of Non-Buildable Lot at 498 Houston Avenue. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable at 498
Houston Avenue to Shannon H. Brown, of 492 Houston Avenue, Muskegon Ml.
Approval of this sale will allow the owner to have a home located on a
buildable lot and also to expand her current yard. Since the other adjacent
property owner did not respond to the opportunity to purchase a half of this lot,
it is being offered to Ms. Brown for $1 under the Dollar Lot Marketing Plan for
residential lots.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed 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 the resolution and deed.
G. Sale of Marginal Lot at 1725 Terrace Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OR REQUEST: To approve the sale of a vacant marginal lot at 1725
Terrace Street to Mario & Laurie Perez, owners of 232 E. Larch Avenue and May
Property Management, LLC, owner of 1731 Terrace Street, Muskegon, Ml 49442.
Approval of this sale will allow both property owners to own houses located on
buildable lots, as well as to expand their current yards. As is required by City
policy, the subject parcel is being offered for $1, and will be split between Mr. &
Mrs. Perez and May Property Management under the Dollar Lot Policy.
FINANCIAL IMPACT: The sale of this lot 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 the resolution and deed.
H. Sale of Non-Buildable Lot at 2175 Lakeshore Drive. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot at
2175 Lakeshore Drive, Muskegon Avenue to Eleanor Daniels, of 2168 Denmark
Street, Muskegon Ml. Approval of this sale will allow the adjacent property
owners to expand her current yard. Other adjacent property owners were
offered the opportunity to purchase this lot, but were not interested. This lot is
being offered to Mrs. Daniels for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT: The sale of this lot 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 the resolution and deed.
I. Request for Final Planned Unit Development Approval for Phase II of V
at 920 Washington Ave. - the Watermark Center (former Shaw Walker
complex). PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for final approval for Phase II of the Planned Unit
Development and associated site plan for the Watermark Center {former Shaw-
Walker complex). This request if for l 0,840 square feet of commercial space at
the corner of Washington and Division. The request is from Hooker Dejong.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends final PUD approval for Phase II
and approval of the associated plans provided that the conditions listed in the
resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended final
approval of Phase II of the PUD and associated plans, with the conditions listed
on the resolution, at their regular meeting on 5/13. The vote was unanimous
with P. Sartorius, S. Warmington, and B. Smith absent.
J. FIRST READING: Zoning Ordinance Amendment for Taxi/Limousine
Services. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1301 of Article Xl 11 (B-4,
General Business Districts) to add Taxi/Limousine Services under Special Land
Uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add language regarding Taxi/Limousine services.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 5/13 meeting. The vote was unanimous with P.
Sartorius, S Warmington, B. Smith and B. Mazade absent.
K. FIRST READING: Zoning Ordinance Amendment for Theaters. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2,
Convenience and Comparison Business Districts) to add indoor theaters under
Special Land Uses.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add language regarding theaters.
COMMITTEE RECOMMENDATIONS:The Planning Commission recommended
approval of the request at their 5/13 meeting. The vote was unanimous with P.
Sartorius, S. Warmington and B. Smith absent.
L. FIRST READING: Rezoning Request for Property Located at 135 Ottawa
Street. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property owned by Dale Horton,
located at 135 Ottawa Street, from WM, Waterfront Marine to B-4, General
Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMTTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 5/13 meeting. The vote was unanimous with P.
Sartorius, S. Warmington, B. Smith and B. Mazade absent.
M. Authorization to Utilize Staples Business Program for Office Supply
Purchases. PUBLIC SAFETY
SUMMARY OF REQUEST: A committee of City staff responsible for the purchase of
supplies was established earlier this year. The task assigned to the group was to
investigate various vendors and make a recommendation to the manager for
the purchase of office supplies. The committee worked diligently through the
process and examined three companies from the area. The first was Daniels
Office Supply, the second was Office Max, and the third company was Staples.
Through the study it became apparent that significant savings could be
realized. Prices from the three companies were examined as well as delivery
time, invoicing, ease of use, internet ordering, and having the items required for
the operation of the City.
Staples came in first place due to an average savings of 23% over a two month
sample of our current orders, next day delivery which is free with a $25.00
minimum order and a single invoice to the Finance Department broken down
by department. Additional items included the availability of cleaning supplies
and other items normally not associated with an office supply company.
It is believed that we can obtain a significant savings over our current ordering
practices over a two month period.
FINANCIAL IMPACT: None, as these funds are budgeted.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the committee's recommendation.
N. 2004 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders
to supply aluminum sulfate, sodium hypochlorite, and fluoride for the Water
Filtration Plant.
FINANCIAL IMPACT: Annual cost of $70,498.00 {based on average annual water
pumped to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission
endorse the low bids received and the contract renewal and enter into
contracts with General Chemical, Alexander Chemical, and Lucier Chemical for
aluminum sulfate, sodium hypochlorite, and fluoride respectively.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Consent Agenda as read.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-51 PUBLIC HEARINGS:
A. Amendments to Brownfield Plan - "The Watermark" Project. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution
approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by P & G Holdings NY, LLC
("P & G") in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the
Brownfield Plan amendments, although the development of the condominiums
and commercial space, proposed by the owners of "The Watermark" project,
will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the public hearing and approve the
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for May 25, 2004, at their April 27, 2004 meeting. Since that time, a
notice of the public hearing has been sent to taxing jurisdictions, and it has
been published twice in the Muskegon Chronicle. In addition, the Brownfield
Redevelopment Authority approved the Plan amendment on April 20, 2004 and
further recommends that the Muskegon City Commission approve the Plan
amendment.
A Public Hearing was opened at 5:52pm to hear comments from the public. No
comments were heard at this time.
Motion by Commissioner Gawron, second by Commissioner Spataro to close the
Public Hearing at 5:54pm and to approve the resolution approving and adopting
amendments for the Brownfield Plan, and authorize the Mayor and Clerk to sign
the resolution.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
2004-52 NEW BUSINESS:
A. Muskegon Township Water Billing Service Contract. FINANCE
SUMMARY OF REQUEST: The 2003 sale of the southside water system to Muskegon
Township included a provision that the City would continue billing services (at no
charge) to Township customers for a one-year period. The one-year period is
now expired and the Township has requested that the City continue billing
services for at least one more year. The contract provides for the City to provide
these services for one additional year with a possible second-year extension.
FINANCIAL IMPACT: The City will receive payment of $60,000 to cover costs of
billing services during 2004-05.
BUDGET ACTION REQUIRED: No budget action is recommended at this time.
STAFF RECOMMENDATION: Staff recommends approval of the proposed water
billing service contract with Muskegon Township contingent upon prior approval
by the Township Board.
Motion by Vice Mayor Larson, second by Commissioner Carter to approve the
proposed water billing service contract with Muskegon Township contingent
upon prior approval by the Township Board.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd. Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
B. Technical Amendments to Deferred Comp Plan. FINANCE
SUMMARY OF REQUEST: One of the benefits offered to City employees is the
ability to contribute a portion of pay to a "457" tax-advantaged deferred
compensation plan. 457 plans are similar in many ways to 401 (k) programs but
are specifically for public sector employees. Amendments to the Treasury
Regulations governing 457 plans were made and our service provider (Hartford
Insurance) recommends adoption of the resolution to bring our plan into
conformity with the new regs.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
recommendation from service provider Hartford Insurance to adopt the
resolution bring our 457 plan into conformity with the amendments to the
Treasury Regulations.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
C. Granting of Easement to Resource Industries. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To grant a 57-foot easement across the City-owned
property located at 1537 S. Getty Street to Re-Source Industries, Inc., 1485 S.
Getty Street. The easement will be used as a driveway for trucks to access the
loading dock area at the rear of their building. The only other access to this
area available for Re-Source Industries is across their customer parking lot, which
often contains cars, which impedes access.
FINANCIAL IMPACT: Re-Source Industries agreed to pay a one-time amount of
$2,000 for this easement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To grant the easement to Re-Source Industries, Inc.
Motion by Commissioner Carter, second by Commissioner Davis to approve the
easement to Resource Industries, Inc.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
D. 2004 Comprehensive Economic Development Strategy (CEDS) Project
Submissions. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the list of projects for inclusion in the West
Michigan Shoreline Regional Development Commission's annual
Comprehensive Economic Development Strategy (CEDS). The Comprehensive
Strategy is not an application for funds but rather a "wish list" for economic
development within the West Michigan region.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution submitting projects from
the City of Muskegon for inclusion in the 2004 Comprehensive Economic
Development strategy.
COMMITTEE RECOMMENDATION: The City of Muskegon Planning Commission, at
its regular meeting on May 13, 2004, recommended approval.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the resolution submitting projects from the City of Muskegon for
inclusion in the 2004 Comprehensive Economic Development Strategy.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
E. Liquor license Request - Vickibob Corporation. 1050 W. Western
Avenue. Suite 111. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Vickibob Corp., 1050 W. Western Avenue,
Suite 111, in the Hartshorn Center for a new SDM license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on final inspection.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
requestfrom Vickibob Corp., 1050 W. Western Avenue, Suite 111, in the Hartshorn
Center for a new SDM License, contingent on final inspection.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
F. Liquor License Transfer Request - BLMC Enterprises. Inc .• 1601 Beach
Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from BLMC Enterprises, Inc., of 1601 Beach Street,
to transfer ownership of the 2003 Class C-SDM licensed business (in escrow) with
Dance-Entertainment Permit, Official Permit (food), Outdoor Service (2 areas), 2
Bars, and Drive-up Window Permit from Beach Street Inn, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on final inspection and a
zoning variance may be required for the drive-up window.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the request from BLMC Enterprises, Inc of 1601 Beach Street to transfer ownership
of the 2003 Class C-SDM licensed business with Dance-Entertainment permit,
Official Permit (food), Outdoor Service (2areas), 2 Bars and Drive-up Window
Permit from Beach Street Inn, Inc., contingent on final inspection.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
G. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission Concur with
the findings of the Housing Board of Appeals that the following structures are
unsafe, substandard, public nuisances and that they be demolished within thirty
(30) days. It is further requested that administration be directed to obtain bids
for the demolition of the structures and that the Mayor and City Clerk be
authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
1. 516 Allen - Garage Only - Area 11
CASE# & PROJECT ADDRESS: #EN-040031 - 516 Allen Ave. - Garage
LOCATION AND OWNERSHIP: This structure is located on Allen between Williams
and Scott Street. It is owned by Amanda Williams.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
2/6/04. A Notice and Order to Repair was issued 2/9/04. On 4/1/04 the HBA
declared the house substandard.
OWNER CONTACT: There has been no contact from the owner.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $17,200 (House and garage)
ESTIMATED COST TO REPAIR: $3,000
2. 492 White - Area 11
CASE# & PROJECT ADDRESS: #EN-040032- 492 White
LOCATION AND OWNERSHIP: This structure is located on White between Williams
and Scott Street. It is owned by the State of Michigan.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
2/17 /04. A Notice and Order to Repair was issued 2/20/04. On 4/1 /04 the HBA
declared the house substandard.
OWNER CONTACT: There has been no contact from the state.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: N/A
ESTIMATED COST TO REPAIR: $10.000 plus the cost of interior repairs
3. 593 W. Western
CASE# & PROJECT ADDRESS: #EN-030170-593 W. Western
LOCATION AND OWNERSHIP: This structure is located on Western Ave., between
Fifth and Sixth Streets. It is owned by the Westwood Group.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
11/10/03. A Notice and Order to Repair was issued 11/10/03. On 1/8/04 the HBA
declared the house substandard and on 3/2/04 the HDC concurred with their
decision.
OWNER CONTACT: A representative of the Westwood Group spoke at the HBA
meeting and stated they are trying to sell the building.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $32,600
ESTIMATED COST TO REPAIR: Unable to determine at this time, building is
collapsed a scheduled for redevelopment at a cost that is unknown at this time.
4. 1054 W. Grand
CASE# & PROJECT ADDRESS: #EN-040019-1054 W. Grand
LOCATION AND OWNERSHIP: This structure is located on West Grand between
Franklin and Hudson and is owned by James Mackenzie.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
1/27 /04 after a complaint from a CPS worker stating he believed the house to
be a dangerous situation. Upon inspection it was noted the house had been
illegally converted to 2 units and the construction was not safe. A Notice and
Order to Repair was issued 1/29/04. On 3/4/04 the HBA declared the house
substandard.
OWNER CONTACT: The owner stated he is abandoning the house.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $20,100
ESTIMATED COST TO REPAIR: $40,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 516 Allen, 492 White, 593
W. Western and 1054 W. Grand and that the Mayor and City Clerk be authorized
and directed to execute a contract for demolition with the lowest responsible
bidder.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: Davis
MOTION PASSES
5. 586 Allen
CASE# & PROJECT ADDRESS: #EN-040013 - 586 Allen Ave.
LOCATION AND OWNERSHIP: This structure is located on Allen between Williams
and Scott Street. It is owned by Virginia Kelley (deceased)
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
1/26/04 and the Notice and Order to Repair was issued on the same day. On
4/1 /04 the HBA declared the house substandard.
OWNER CONTACT: Leona Hendrie (daughter of Virginia) was present at the HBA
meeting. She stated her brother who is incarcerated, lived in the house and
there is a problem clearing the title. She did schedule an interior inspection
which was conducted 4/13/04.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $10,800
ESTIMATED COST TO REPAIR: $12,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 586 Allen and that the
Mayor and City Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter
Nays: Davis
MOTION PASSES
6. 782 W. Southern -Area 1
CASE# & PROJECT ADDRESS: #EN-030155 - 782 W. Southern
LOCATION AND OWNERSHIP: This structure is located on Southern between
Henry and Beidler and is owned by Sharee Hutchins.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
9/18/03 and an interior inspection was conducted on 10/2/03. A Notice and
Order to Repair was issued 10/17/03. On 12/4/03 the HBA declared the house
substandard, but the Director of Inspections stated the case would not proceed
to City Commission until the 2nd meeting in February to allow her time to get
permits pulled. Ms. Hutchins stated she was trying to get rental rehab funding
through CNS and she had to finish the project she was getting rehab for at the
time before she could apply for another project. She was told at the time that
the value on the required repairs was in the $50,000 range and she must
proceed before the February meeting due to the length of time the house had
been vacant. Her contractor stated he could pull the building permit by the
end of January. She was told if permits were pulled and work commenced the
case would not proceed. Building, electrical and mechanical permits were
pulled by with the owner. As of 5/5/04 CNS had not received bid proposals form
Ms. Hutchins and no commitment had been signed. A plumbing permit was not
pulled.
OWNER CONTACT: A board up notice was issued to Sharee Hutchins 2/11 /02
and on 2/18/02 she notified the Inspection office that she was working on
clearing the title and couldn't do anything until after that. On 5/5/03 she was
notified that the house was open again and she stated she had clear title and
would pull permits to repair as soon as she had the paperwork. She let
Inspections know she was still trying to get funding through CNS, but permits
were pulled at the last minute and she had problems getting a person to repair
the foundation. Her permits expired 5/15/04 and she asked for an extension,
which was denied. She was notified of the case preceding the City Commission
and asked again for an extension. She was told on 5/15/04 she had ten (10)
days to complete the repairs.
FINANCIAL IMPACT: General Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $15,000
ESTIMATED COST TO REPAIR: $50,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Gawron, second by Commissioner Spataro to concur
with the Housing Board of Appeals decision to demolish 782 W. Southern with a
delay for bids for demolition for 90 days.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
H. Restrictive Covenant for Michcon RAP CITY MANAGER
SUMMARY OF REQUEST: To approve a restrictive covenant regarding the
MichCon RAP on a property owned by the West Michigan Dock & Market
Company and the City has an easement on.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION : To approve the documents and authorize the Mayor
to execute same.
Motion by Vice Mayor Larson, second by Commissioner Carter to approve the
restrictive covenant regarding the MichCon RAP on a property owned by the
West Michigan Dock & Market Company and the City and authorize the Mayor
to execute same.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
The Regular Commission meeting for the City of Muskegon was adjourned at
7:15pm.
Respectfully submitted,
~Q. ~
Gail A. Kundinger, MMC
City Clerk
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 05/25/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 18, 2004
RE: MML-Annual Membership Dues (7/1/04- 6/30/05)
SUMMARY OF REQUEST:
To obtain permission from the City Commission, in accordance with the Purchasing Policies and
Procedures, to pay the MML Annual Membership Dues for July 1, 2004, through June 30, 2005.
FINANCIAL IMPACT:
MML Membership Dues: $8,190
Environmental Affairs Assessment: $ 983
Legal Defense Fund Membership: $ 819
Total Dues: $9,992
BUDGET ACTION REQUIRED:
None. Cost applied to proper budget line items.
STAFF RECOMMENDATION:
Approval.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\AOMlN\AGNDAFRM
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MICHIGAN
MUNICIPAL
LEAGUE
May 7, 2004
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Ms. Gail A. Kundinger
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PO Box 536
Vice President Muskegon, Ml 49443-0536
GRETCHEN DRISKELL
Mayor, Saline Dear Ms. Kundinger:
Trustees Enclosed are your 2004-2005 Michigan Municipal League membership renewal
ALEX ALLIE
City Manager, Hu11!.ington Woods invoice and member plaque insert. The state shared revenue figures used for calculating
your dues are accurate to the best of our knowledge.
KATHLEEN BUCKNER
Councilmember, Center Llne In the past year the MML has educated and trained over 2,100 municipal officials
and employees in many aspects of public sector activity and responsibility. Our annual
SHEILA COCKREL
Councilmember, Detroit convention and legislative conference continue to be successful and productive events with
well over 600 attendees at each.
MICHAEL CZYMBOR
· City Administrator, Milan Our legislative endeavors saw the successful override of the state shared revenue
veto thereby retaining larger percentages of revenues available to municipalities than had
CRAIG GIERKE
Councilmember, Escanaba the veto been sustained. Also, several millions of dollars in grants should be made available
to municipalities for funding personal property tax audits. This should help municipalities
BARBARA HOLT
MaYor Pro Tern, Walker recoup some of the millions of dollars in personal property taxes that are uncollected in
Michigan each year. These are just a few examples of work vigorously undertaken or
ROBERT JONES
Mayor, Kalamazoo supported by the League for the benefit of its members.
We continue to update our communication efforts via the Web for the convenience
KAREN LAWRENCE-WEBSTER
Finance Director/Treasurer, Saginaw of the membership. We now have a "member only" section at our Web site /www.mml.org)
which is being continually enhanced. Many of the over 2200 information requests we
THOMAS MARKUS
City Manager, Birmingham processed last year came to us online.
The trustees, staff and I thank you for your ongoing support of the League and the
MICHAEL MATHENY
Mayor, Grand Blanc work it does on behalfof Michigan's cities and villages.
Please feel free to contact me or any of the MML staff should you have any
SPENCER NEBEL
City Manager, Sault Ste. Marie questions.
FLORENCE SCHRADER
Treasurer, Ubly
MARGENE ANN SCOTT
Councilmember, Madison Heights
CLARA SHEPHERD
Commissioner, Muskegon
WILLIAM STEWART
City Manager, Coldwater Enc.
JOSEPH YUCHASZ
Village President, Elk Rapids
Executive Director
GEORGE D. GOODMAN
A member of the National League of Cities
Web Address Headquarters Office Lansing Office Northern Field Office
www.mml.org 1675 Green Road, P.O. Box 1487 320 N. Washington Square, Suite 110 200 Minneapolis Avenue
Ann Arbor, Ml 48106-1487 Lansing. Ml 48933-1288 Gladstone, Ml 49837-1931
Phone: 734-662-3246 Phone: 517·485-1314 Phone: 906-428-0100
Fax: 734·662·8083 Fax: 517-372-7476 Fax: 906·428·0101
MICHIGAN MUNICIPAL LEAGUE
MEMBERSHIP RENEWAL INVOICE
MICHIGAN
MUNICIPAL 2004 -2005
,_FiutwA ,I~,-:
CITY OF MUSKEGON Id: 347
Date: May 7, 2004
Membership Period: July 1, 2004 - June 30, 2005
2002-2003 State Shared Revenue: $5,005,472
* Michigan Municipal League Dues $8,190
** Environment Affairs Assessment 983
*** Legal Defense Fund 819
Total due by July 1, 2004 $9,992
Please sign, date and return one invoice copy with your payment.
Make checks payable to the Michigan Municipal League and mail
to the address below. Thank you.
(Signature)
(Date)
* See reverse side
** See reverse side
*** See reverse side
---------------- - - - - -
Michigan Municipal League
P.O. Box 7409
Ann Arbor, Ml 48106-7409
800.653.2483
* Michigan Municipal League Dues
The following MML dues schedule, which was adopted on January 1, 1977, is based on state shared revenue
(SSR) received by your municipality for the twelve (12) month period beginning July 1, 2002, which is two (2) years
prior to the beginning of the League's fiscal year.
The MML dues include annual subscriptions to the Michigan Municipal Review for your officials at $12.00 per
subscription, which is 50% of the regular subscription rate.
SSR Total Dues
$0 - $7,500 $ 85.00
$7,501 -15,000 $ 140.00
$15,001 -30,000 $140 plus $11 per $1,000 or fraction thereof over $15,000
of state-returned general-purpose monies; maximum $ 305.00
$30,001 -150,000 $305 plus $75.65 per $15,000 or fraction thereof over $30,000
of state-returned general-purpose monies; maximum $ 910.00
$150,001 - 750,000 $91 0 plus $68 per $15,000 or fraction thereof over $150,000
of state-returned general-purpose monies; maximum $ 3,630.00
$750,001 - 1,500,000 $3,630 plus $27.10 per $15,000 or fraction thereof over $750,000
of state-returned general-purpose monies; maximum $ 4,990.00
$1,500,001 - 3,000,000 $4,990 plus $14.85 per $15,000 or fraction thereof over $1,500,000
of state-returned general-purpose monies; maximum $ 6,475.00
$3,000,001 and above $6,475 plus $12.80 per $15,000 or fraction thereof over $3,000,000
of state-returned general-purpose monies; maximum 8.8% of total League
dues payable in the
preceding fiscal year
** Environmental Affairs Assessment
The purpose of the EAA is to fund the Environmental Affairs Service (EAS} and its advocacy for the municipal point
of view on environmental, public works and infrastructure issues at the state and federal level. The EAS Limited
one-on-one assistance to MML members concerning environmental protection mandates, transportation and public
works activities is also available.
••• Legal Defense Fund
The Legal Defense Fund is an optional charge. The purpose of the Fund is to provide specialized legal assistance
to member municipalities in cases that have significant statewide impact.
Commission Meeting Date: May 25, 2004
Date: May 7, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot on Marquette Ave.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1078 Marquette Avenue (Parcel #24-613-
000-0695-00) to Habitat for Humanity, 280 Ottawa Street, Muskegon, Ml. The lot is 154 x
142 ft. and is being offered to Habitat for Humanity for $9,000. They plan to split the lot into
two 77 ft. lots and construct two 1,260 sq. ft. single-family home as part of the Jimmy Carter
home building program. Habitat has met with the Marquette Neighborhood Association and
they are supportive of this effort. The homes will conform to the design guidelines contained
in the "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, so our price is set at $9,000 which is
75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of two new homes 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:
2/12/04
Resolution No. 2004-50 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 1078 MARQUETTE
AVENUE IN MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, Muskegon County Habitat for Humanity has placed a $400 deposit for the parcel
designated as parcel number 24-613-000-0695-00, located at 1078 Marquette Avenue; and
WHEREAS, the price for parcel number 24-613-000-0695-00 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
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-613-000-0695-00, located at
1078 Marquette Avenue be sold to Muskegon County Habitat for Humanity for $9,000.
CITY OF MUSKEGON URBAN RENEW AL PLAT NO 4 LOT 695 EXCEPT THE
W 25 FT, ALSO LOTS 696 & 697
th
Adopted this 25 day of May, 2004
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent None
CERTIFICATION
2004-SO(c)
I hearby 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 May 25, 2004. . .. . / .
By: d(kil;
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K.u0L•A~J
Gail Kundinger, C
City Clerk
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, of 280 Ottawa
Street, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEW AL PLAT NO. 4, LOT 695, EXCEPT THEW 25 FEET, ALSO
LOTS 696 & 697
for the sum of Nine Thousand and no/100 Dollars ($9,000.00)
PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall split the lots into
two parcels and complete construction of one ( 1) single family home on each lot herein conveyed within eighteen ( 18) months after
the date hereof. In default of such construction, title to that lot 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: ( 1) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Deputy Director of Public Safety, substantial completion of the dwelling described in the said building permit. In the
event of reversion of title, improvements made thereon shall become the property of Grantor. Provided, further, that Grantee
covenants that the parcel described above shall be improved with one ( 1) single family home on each lot, and each lot 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 J,-J day of chrl/ c , 2004.
Signed in the presence of:
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,:·.·;'' ;.J.,j
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ,)qn t: ,] , 2001_, 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.
(NOTARY SEAL)
PREPARED BY: John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon,Ml49443-0786
Telephone: 231/722-162 l
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
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Vacant Buildable City-Owned Lot
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made /ijq,st
o<,,,__~- , 2004, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and MUSKEGON COUNTY HABITAT FOR HUMANITY, a
Michigan nonprofit corporation, with offices at 280 Ottawa Street, Muskegon, Michigan 49442
("Buyer").
1. 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. 4, LOT 695, EXCEPT THEW 25
FEET, ALSO LOTS 696 & 697
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord 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 Nine Thousand and no/100 Dollars ($9,000.00).
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 (10) 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 split the lots into two
parcels and construct on each lot a 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
C:\DOCUME-1\anguifm\LOCALS-1\Temp\8J8499.doc
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construction of the home and driveway. The home shall be substantially completed within
eighteen (18) months and, in 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 lot and all improvements then installed shall revert in title to the City, without any
compensation or credit to Buyer. Buyer further covenants that each 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'fHE
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 STUB STANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ _ _ ,
2004 ("Closing"). The Closing shall be conducted at Land America Transnation Title, 570
Seminole Road, Muskegon, MI 49444. If necessary, the parties shall execute an IRS closing
report at the Closing.
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I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title, At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. 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.
14. 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.
C:\DOCUME-1\anguilm\LOCALS~1\Temp\BJ8499.doc
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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.
WITNESSES: SELLER:
..t...It:.-ti..t. ~.i' t•'\ ~s ~,
I/&/[ Gail A. Kundinger, MMC, Clerk
BUYER:
MUSKEGON COUNTY HABITAT
FOR HUMANITY
'\
Prepared By: John C. Schrier (P36702)
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,MI49440
Phone: (231) 722-1621
C:\DOCUME-1\anguilm\LOCALS-1\Temp\BJ8499.doc
-4-
LANDAMERICA TRANSNATION TITLE INSURANCE
570 Seminole Road
Muskegon MI 49444
Date: June 4, 2004
Escrow Number: 433548
Property Address: 1078 Marquette
Muskegon, Ml 49442
S E L L E R ' S STATEMENT
DEBIT CREOIT
Purchase Price 1$ I$ 9,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400.00 I
CLOS I NG FEES I 200.00 I
MORTGAGE PREMIUM I 190.00 I
Real Estate Corrmi ss ion I I
Sub Total /$ 790.00 /$ 9,000.00
Amount due Seller /$ 8,210.00 I
TOTALS /$ 9,000.00 /$ 9,000.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
City of Muskegon, a Municipal
Corporation
BY _ _ _ _ _ _ _ _ _ _ _ _ _ __
Lonna Anguilm, Assistant Planner
AFFIDAVIT OF TITLE
STATE OF MICHIGAN } Title Commitment# 433548
)SS
COUNTY OF Muskegon }
That City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
1078 Marquette
Muskegon, MI 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes 1 special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon, a Municipal
Corporation
Subscribed and sworn to, before me a Notary Public, this 4th day of June, 2004
/ ,,fh, Pl..ucrio~4di@11~0
MELINDAJ<.PRAUSE_ Notary Public County
Notary Public, Muskego1, County, Michigan --------
Acting In Muskegon County
MyCommlssionExpires0S/08/07 My Commission Expires:
SURVEY WAIVER
Date: June 4, 2004
RE: 433548
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 1078 Marquette
Muskegon, MI 494430536 Muskegon, MI 49442
County: Muskegon
We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and, its employees and/or agents, from any
responsibility and/or liability concerning or pertaining to survey matters, including, but
not limited to size of lot or land, location of boundary line, location of building and
encroachments.
PURCHASER ( S): SELLER(S):
Muskegon,, County Habitat for Humanity, City of Muskegon, a Municipal
a Michijin Non-profit forporation Corporation
'
/,I -
=7'& ' /' -------~ I
BYI ic't,,:~d-/ /nc/&!/i -- ?){/l- /- {-< /\____
~-,r--a.-~-------
Q ana L. Mille , Executive Director Assis, ant Planner
!/
l
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: June 4, 2004,
Office of Phone REALTOR, MUSKEGON, MI
1. Addendum to Buy Sell Agreement dated covering property at 1078 Marquette,
Muskegon, MI 49442 and legally described as:
Lot 695, except the West 25 feet, thereof; Lot 696 and Lot 697, Muskegon Urban
Renewal Plat No. 4, as recorded in Liber 19 of Plats, Pages 19-22, inclusive,
Muskegon County Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
The complete legal description is stated above. Closing date to be June 4, 2004
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of this Agreement.
, 01 a
ffltess
llh,1/Ad!.H mJJi(J Muskegon o~nty Habitat for Humanity,
a Michi n/Non-prof·t Corporation
BY~Yfa4.1J~r,....,., --.4.,._~%~··~~0,?LL.,J-
Execut ive Director
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement .
.1
~s
l2l.~ k¥l'A.*~
- - '6114(!
City of Muskegon, a Municipal
Corporation
.--1..::::: 1 ,.-'\ f
/ / ./ { II (
By' . / / / }t /\.1 .. U">c k./. · '--,
Lonna ngui m, Asst, ant P anner
FILE# 433548
DATE: June 4th 2004
PROPERTY ADDRESS: 1078 Marquette
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following:
~ T h e undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER (S) :
City of Muskegon, a Municipal
Corporation
. . .---,: / ") / . . -·->, .. J
BYC )''/1t/,~ . /{,..,,, i~/(~
Lonna Anguilm, Assi tant Planner
(
Commission Meeting Date: May 25, 2004
Date: May 7, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ3c..,,
RE: Sale of Non-Buildable Portion of 1078 Marquette Avenue
SUMMARY OF REQUEST:
To approve the sale of an non-buildable portion (25 feet) of a larger lot (Parcel #24-
613-000-0695-00) at 1078 Marquette Avenue to Doris Jibson, of 1066 Marquette
Avenue, Muskegon, Ml 49442. Approval of this sale will allow Mrs. Jibson to own a
house located on a buildable lot and expand her current yard. The remaining 154 feet
has been requested by Habitat for Humanity as a buildable lot.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
517/2004 1
CITY OF MUSKEGON
RESOLUTION# 2004-50 (al
RESOLUTION APPROVING THE SALE OF A PORTION OF A CITY-OWNED
BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Doris Jibson, 1066 Marquette Avenue,
Muskegon, MI 49442 for the purchase of portion of a City-owned lot located adjacent to her
home at 1066 Marquette Avenue (parcel #24-613-000-0695-00); and
WHEREAS, Mrs. Jibson's present home is located an unbuildable lot under the City's Zoning
Ordinance; and
WHEREAS, the addition of this 25 feet of property will make her present home conforming with
the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City for sale of property.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON URBAN RENEWAL PLAT
NO 4 WEST 25 FEET OF LOT 695 be sold to Doris Jibson for $1.
Resolution adopted this z5t~ay ofMay, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: None
CERTIFICATION
2004-50(d)
This resolution was adopted at a regular meeting of the City Commission, held on May 25, 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 La~kr,
Gail A. Kundinger, MMC
Clerk
N
Vacant Non-Buildable City-Owned Lot
1078 Marquette Avenue W~E
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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 DORIS JIBSON, _ _ _ _ _ _ _ _ _ _, of 1066 Marquette Avenue, 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 RENEW AL PLAT NO. 4, West 25 feet of Lot 695
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
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 t h i s ~ day of ~J;,~u,.,.o~e,~----' 200_i__.
Signed in the presence of:
~~ }",\ -+<~l-e_..,=0~;,~____ County, Michigan
Parmenter O'Toole My Comm:"'Expires: 2'.·« ,-o 1,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI49443-0786
Telephone: 231/722-162 I
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: May 25, 2004
Date: May 13, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development e,,f;C--
RE: Sale of Marginal Lot at 604 Orchard Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant marginal lot (Parcel #24-769-000-0023-00) at 604
Orchard Avenue to Tyrone & Nailah Matthews, 612 Orchard Avenue, Muskegon, Ml.
Approval of this sale will allow the owner to have a home located on a buildable lot and
also to expand their current yard. As is outlined in the the Dollar Lot Marketing Plan,
the Matthews own the smallest adjacent parcel, and are therefore being offered the
entire lot for $1.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
5/13/2004
CITY OF MUSKEGON
RESOLUTION #2004- so ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT
WHEREAS, the City of Muskegon has received $1 from Tyrone & Nailah Matthews, 612
Orchard Avenue, Muskegon MI 49442 for the purchase of a vacant, marginal, City-owned lot
located adjacent to their property at 604 Orchard Avenue, Muskegon Avenue (parcel #24-769-
000-0023-00); and
WHEREAS, this lot is considered marginal under the City's Dollar Lot Marketing Plan; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON SUB OF LOT 21
BLK 49 W 6.5 FT OF 22 AND LOT 23 INCLUDES REVISED PLAT OF 1903 W 56 FT OF
LOT 10 BLK 49 be sold to Tyrone & Nail ah Matthews for $1.
Resolution adopted this 25 th day of May, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
Absent: None
By:
ephe
Mayor ----'~.-
Attest: th_i a.i,.-~V'\~,0
Gail A. Kundinger, MMC 0
Clerk
CERTIFICATION
2004-SO(e)
This resolution was adopted at a regular meeting of the City Commission, held on May 25, 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
Gail A Kundinger, MMC (
Clerk
N
Vacant Marginal City-Owned Lot
604 Orchard Avenue W~E
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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 TYRONE and NAILAH MATTHEWS, husband and wife, of612 Orchard Avenue,
Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON SUB OF LOT 21 BLK 49 W 6.5 OF 22 AND LOT 23
INCLUDES REVISED PLAT 1903 W 56 FT OF LOT 10 BLK49
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable Jot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
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 .!i±!:i__ day of Ju I/ e.. , 2004.
Signed in the presence of:
GE~1vn!/!k
~ ~ m . r<
-::r c8> ,-, "
~vI<
vn • /"(rv
1)(¢ ~~
1> lN><, t.;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on Jun e, ( , 2004 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalfofthe City.
(NOTARY SEAL)
L.,n da S . An' t e, , Notary Public
Acting in the County of /7Jys k~on
PREPARED BY: John C. Schrier z!Zu s /2::e <2 "n County, Michigan
Parmenter 0 1Toole My Comm. Expires: 7- .;;,,-o 1,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: May 25, 2004
Date: May 10, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development l/3L-
RE: Sale of Non-Buildable Lot at 498 Houston Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-346-0011-10) at 498
Houston Avenue to Shannon H. Brown, of 492 Houston Avenue, Muskegon, Ml.
Approval of this sale will allow the owner to have a home located on a buildable lot and
also to expand her current yard. Since the other adjacent property owner did not
respond to the opportunity to purchase a half of this lot, it is being offered to Ms. Brown
for $1 under the Dollar Lot Marketing Plan for residential lots.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
5/10/2004
CITY OF MUSKEGON
RESOLUTION #2004- 5 o ( fl
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILD ABLE LOT
WHEREAS, the City of Muskegon has received $1 from Shannon H. Brown, 492 Houston
Avenue, Muskegon MI 49441 for the purchase of a vacant, non-buildable City-owned lot located
adjacent to her property at 498 Houston Avenue, Muskegon Avenue (parcel #24-205-346-0011-
10);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 ELY 16 FT LOT 10 & W ½ LOT 11 BLK 346 ALSO SLY½ OF VAC ALLEY ADJ
THERETO be sold to Shannon Brown for $1.
Resolution adopted this 25 th day of May, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
Absent: None
tl,Q,19v..J
Attest:Cu.L - ·~
MMC
Gail A. Kundinger,
Clerk
CERTIFICATION
2004-SO(f)
This resolution was adopted at a regular meeting of the City Commission, held on May 25, 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 ;th~, a~tlv'Glvng~v
Gail A Kw1dinger, MMC
Clerk
N
Vacant Non-Buildable City-Owned Lot
498 Houston Avenue W~E
s
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* = Subject Property(ies)
□□□ to be sold
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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 SHANNON M. BROWN, of 492 Houston Avenue, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 ELY 16 FT LOT IO & W ½ LOT 11
BLK 346 ALSO ½ VAC ALLEY ADJ THERETO
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
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 __!/_tj;__ day of ,J{j n e, , 2004.
Signed in the presence of:
/'oft- er
~ ~ rn. tf2u-.~ws l
-::r oA.-."' r<'.'.'.rv k.o =st ;
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on June, /I , 2004 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.
(NOTARY SEAL)
L/n da -S. /bl"rcr , Notary Public
Acti!_}Ji in the County of /?1u.s, 557 oa
PREPARED BY: John C. Schrier 2Zlvs kf{, o,.., County, Michigan
Parmenter O'Toole My Comm. xpires: ')-.;; ,:,---o?,
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: May 25, 2004
Date: May 10, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C/3C
RE: Sale of Marginal Lot at 1725 Terrace Street
SUMMARY OF REQUEST:
To approve the sale of a vacant marginal lot (Parcel #24-205-292-0016-10) at 1725
Terrace Street to Mario & Laurie Perez, owners of 232 E. Larch Avenue and May
Property Management, LLC, owner of 1731 Terrace Street, Muskegon, Ml 49442.
Approval of this sale will allow both property owners to own houses located on
buildable lots, as well as to expand their current yards. As is required by City policy,
the subject parcel is being offered for $1, and will be split between Mr. & Mrs. Perez
and May Property Management under the Dollar Lot Policy.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
5/10/2004
CITY OF MUSKEGON
RESOLUTION# 2004-SO(g)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT
WHEREAS, the City of Muskegon has received $1 each from Mario H. & Laurie K. Perez, of
18274 Forest Avenue, Spring Lake, MI 49456 and May Property Management, LLC, 1443 E.
Laketon Avenue, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located
adjacent to their properties at 1725 Terrace Street (parcel #24-205-292-0016-10); and
WHEREAS, this lot is considered marginally buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City for marginal lots.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON REVISED PLAT OF 1903
BLK 292 LOT 17 be sold to Mario H. & Laurie K. Perez and May Property Management, LLC
for $1 each.
Resolution adopted this 25th day of May, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: None
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
2004-SO(g)
This resolution was adopted at a regular meeting of the City Commission, held on May 25, 2004. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan,
Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By tLu a fL~r"
Gail A. Kundinger, MMC
Clerk
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Vacant Marginal City-Owned Lot
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MARIO H. and LAURIE K. PEREZ, husband and wife, of 1827 Forest Avenue, Spring Lake,
Michigan 49456,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 292 E 60 FT OF LOT 17
for the sum of: One Dollar ($ 1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause,
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 -1t/i_ day of-'-,]t=
1 LJo~e.-~---'' 2004.
Signed in the presence of:
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 1/tA
day of ~J=a~n~t-~---
2004, 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 Lia du S /2,trrr , Notary Public
Parmenter OToole Muskegon County, Michigan
175 W. AppleAvenue/P.O. Box 786 My Comm. Expires: 'I - ,;u,--o t,
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: May 25, 2004
Date: May 11, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.fY:,,
RE: Sale of Non-Buildable Lot at 2175 Lakeshore Drive
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-490-000-0005-10) at
2175 Lakeshore Drive, Muskegon Avenue to Eleanor Daniels, of 2168 Denmark Street,
Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand
her current yard (see attached map). Other adjacent property owners were offered the
an opportunity to purchase this lot, but were not interested. This lot is being offered to
Mrs. Daniels for $1 under the Dollar Lot Marketing Plan.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed 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 the resolution and deed.
COMMITTEE RECOMMENDATION:
5/11/2004
CITY OF MUSKEGON
RESOLUTION #2004-SO(h)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Eleanor Daniels, 2168 Denmark Street,
Muskegon, MI 49441 for the purchase of a vacant, City-owned lot located adjacent to her
property at 2175 Lakeshore Drive (parcel #24-490-000-0005-l O);
WHEREAS, this lot is considered unbuildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
the Dollar Lot Marketing Plan.
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON JONES SUB DIV
OF LOTS 3 & 4 BLK 641 NWLY 45 FT OF THE SELY 50 FT LOT 5 be sold to Eleanor
Daniels for $1.
Resolution adopted this 25 th day of May, 2004.
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: None
!vl r,,) ·
Attest: ~L, ~L - K,_LA"-~zr,0
Gail A. Kundinger, MMC
Clerk
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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 ELEANOR I. DANIELS, of 2168 Lakeshore Drive, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON JONES SUB DIV OF LOTS 3 & 4 BLK 641
NWLY 45 FT OF THE SELY 50 FT LOT 5
for the sum of: One Dollar ($1.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
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 __u_ day of_Ji=«l7~C~-____, 2004.
Signed in the presence of:
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Date: May 18, 2004
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: 2004 Water Treatment Chemical Bids
SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidders to supply
aluminum sulfate, sodium hypochlorite, and fluoride for the water
filtration plant
FINANCIAL IMPACT:
Annual cost of $70,498.00 (based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None at this time. These chemicals are budgeted annually.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bids
received and the contract renewal and enter into contracts with General
Chemical, Alexander Chemical, and Lucier Chemical for aluminum
sulfate, sodium hypochlorite, and fluoride respectively.
MEMORANDUM
5/18/04
TO: M. AL-SHATEL, DEPUTY DPW
FROM: R. VENEKLASEN
RE: CHEMICAL BIDS -WATER FILTRATION
BACKROUND
In 1996 the Water Filtration Plant began the process of competatively bidding water
treatment chemicals jointly with the cities of Grand Haven, Grand Rapids, Wyoming and
Holland. This group bids are commonly addressed as the" West Michigan Cooperative
Purchasing Group". The original bids (1996) allowed for contract renewal in two or three
year intervals.
HISTORICAL CHEMICAL COSTS
This process has worked in the City's favor as the cost for chemicals has remained low
over the years and increases have been modest.
YEAR ALUMINUM SULFATE CHLORINE FLUORIDE
1996 136.29 395.00 138.80
1997 125.00 332.00 129.00
1998 125.00 332.00 (gasseous chlorine) 129.00
1999 125.00 107 ,67 (sodium hypoch!orite) 141.50
2000 136.50 107.67 141.50
2001 136.50 107.20 145.00
2002 136.50 107.20 142.30
2003 136.50 107.20 142.30
Historical annual average chemical usage in tons, based on annual average water
pumpage is: CHEMICAL TONS
Aluminum Sulfate 210
Sodium Hypochlorite 300
Fluoride 70
CHEMICAL BIDDING FOR 2004
The bidding process is performed by the City of Grand Rapids purchasing department
with bidding solicited for the City, the West Michigan Cooperative, and the City along
with the West Michigan Cooperative for aluminum sulfate and fluoride. The City of
Holland purchasing department solicits bids for sodium hypochlorite as Grand Rapids
does not use hypochlorite as a disinfectant.
Once again the bidding resulted in the most favorable prices being for the West
Michigan Cooperative group. The low bids are as follows:
Fluoride
Lucier (LCI) $146.30 (contract extension, third year)
Aluminum Sulfate
General Chemical $146.94 (first year of three possible)
Sodium Hypochlorite $ 98.00 (first year of three possible)
*prices are "per ton" FOB each plant location
RECOMMENDATION
II is my recommendation the Mayor and City Commission endorse the low bids and
contract extension received, with the joint purchase approach, for aluminum sulfate,
fluoride, and sodium hypochlorite.
Veneklasen, Bob
From: Van De Wege, Jim Uvandewege@hollandbpw.com]
Sent: Wednesday, December 17, 2003 2:26 PM
To: Jerry Caron (E-mail); Veneklasen, Bob
Subject: FW: Liquid Sodium Hypochlorite
> -----Original Message-----
> From: Yost, Amy
> Sent: Wednesday, December 17, 2003 2:05 PM
> To: Van De Wege, Jim; Nuismer, Dave; Horn, Larry
> Cc: Meurer, Rita Ann
> Subject: Liquid Sodium Hypochlorite
>
> I have notified the bidders that we have decided to accept the bid from
> Alexander Chemical for Liquid Sodium Hypochlorite. The new price will be
> $98 per ton effective January 1, 2004 good for three years. (Current
> pricing is $107.20 per ton with Alexander.) Ordering will continue as
> always, but with the price change.
>
> Jim, please inform Wyoming and Muskegon - I didn't have their email
> addresses.
>
> Thanks,
>Amy
1
TABULATION OF BIDS
LIQUID SODIUM HYPOCHLORITE
2004 -2006
Alexander K. A. Rowell Haviland Uni var Webb
Steel
West MI
Cooperative
Purchase Agencies
Year 1 $98.00 $87.00 $140.00 No Bid No Bid No Bid
Year 2 $98.00 $107.00 No Bid
Year 3 $98.00 $127.00 No Bid
City of Holland
Year 1 $98.00 $87.00 $137.00 No Bid No Bid No Bid
Year2 $98.00 $107.00 No Bid
Year3 $98.00 $127.00 No Bid
.Prices are per ton, rLZ ,I I
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CITY OF GRAND RAPIDS
CBANGEORDERTOPURCiiASEORDER
l'ONO: BP00002053T
DATE: APRIL.15, 2004
VENDOR: GENl:RAL CHEMICAL DEl'ARTMEN'.I": LAKE FILTRATION
90 !:AST llALSEY RI>
PA.RSIPPA,NY NJ 07054
ATTN: JEFFBALLEW
CONTRACT TI'.ILE: CHEMICALS, ALUMINUM SlJLFATE
TERM CONTRACT CIIANGEr XX:
TO EXTEND CON'l'llACT Pl:RIOIJ TO: FEllRUARY ZS, 200~
BID REFER.ENCE NO: 8HS-77-D6
VE!WOR N01E CHANGE AS FOLLOWS:
FINAL CONTRACT RENEWAL:
YllAR (3) THREE CONTRACT RBNEWAL: ALL OTHE.R TERMS, CONDITIONS, IU!QUIREMENTS, SPECJFICATIO NS REMAIN JN
FULL FORCE AND EFFECT.
YEM 3 PR1CINO: $146.94ffON
ANNUAL EXPENDITURES SHALL NOT BXCBED Sll 7,295.00.
PUllCHASING BUY.ER: TONY WOJCIAKOWSK!
cc: Dept - John Wierenga
Bid Pack
Pomw'Chuigct Rtv, l/22/00
AO□M 72D, 3□□ MONROE AVENUE. N,W.• GIRAND F,APIOS, MICHIGAN 4850'3 • [616) 458-31?3
PL.JACH A SING
DEPARTMENT
CITY OF GRAND RAPIDS
CHANG§ ORDER TO PURCHASE ORDER
PONO: BP000020S8T
DATE: MARCH s, 2004
VENDOR: LUCIER CHEMICAL lNDUSl1RIES, L'l'D
POBOX49000 DEPARTMENT: LAKEFILTRATJON
JACKSONVILLE BEACH FL 32240
CONTRACT TITLE: CHEMICALS, llYDROFLUORSIIJCIC ACID
TERM CONTRACT CHANGE: XX
TO EXTEND CONTRACT PERIOD TO: MARCH 7, 2005
BIO REFEllENCE NO: 885-66-03
VENDOR NOTE CHANGE AS FOLLOWS:
FINAL CONTRACT RENEWAL:
YEAR OJ 11-lREE CONTRACT RENEWAL: ALL OTHER TERMS, CONDITIONS, REQUIR.EMENTS, SPEC!PlCATI0NS REMAIN IN
FULL FORCE AND EFFECT.
ANNUAL EXPENOl'I'UR!lS SHALL NOT EXCEED $48,000.00.
PUllCHASING BUYER: TONY WOJCIAKOWSKI
cc: Dept -Johu Wierenga
Bid Pock
ForrnJ/Chunset Rev. 3/12/00
ROOM 720, :300 MONROE AVENUE, N.W., GRAND RAPIDS, MICHIGAN <18503 • (6181 458-3173
Commission Meeting Date: May 25, 2004
Date: May 17, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cJl:1-,
RE: Public Hearing for Amendments to Brownfield
Plan- "The Watermark'' Project
SUMMARY OF REQUEST: To hold a public hearing and approve the attached
resolution approving and adopting amendments for the Brownfield Plan. The
amendments are for the inclusion of property owned by P & G Holdings NY, LLC ("P
& G") in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield
Plan amendments, although the development of the condominiums and commercial
space, proposed by the owners of "The Watermark" project, will add to the tax base
of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold the public hearing and approve the attached
resolution and authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public
hearing for May 25, 2004, at their April 27, 2004 meeting. Since that time, a notice of
the public hearing has been sent to taxing jurisdictions, and it has been published
twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment
Authority approved the Plan amendment on April 20, 2004 and further recommends
that the Muskegon City Commission approve the Plan amendment.
RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT
"THE WATERMARK" PROJECT
City of Muskegon
County of Muskegon, Michigan
Resolution #2004-51 (a)
Minutes of a Regular Meeting of the City Commission of the City of Muskegon,
County of Muskegon, Michigan (the "City"), held in the City Commission Chambers,
on the 25 th day of May. 2004, at 5:30 o'clock p.m., prevailing Eastern Time.
PRESENT: Members
Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
ABSENT: Members
None
The following preamble and resolution were offered by Member Gawron and
supported by Member Spataro:
WHEREAS, in accordance with the provisions of Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield
Redevelopment Authority (the "Authority") has prepared and approved a Brownfield
Plan Amendment to add "The Watermark" project; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, the City Commission has provided notice and a reasonable
opportunity to the taxing jurisdictions levying taxes subject to capture to express
their views and recommendations regarding the Brownfield Plan Amendment, as
required by Act 381; and
WHEREAS, not less than 20 days has passed since the City Commission
provided notice of the proposed Brownfield Plan to the taxing units; and
WHEREAS, the City Commission held a public hearing on the proposed
Brownfield Plan on May 25, 2004.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. Definitions. Where used in this Resolution the terms set forth below
shall have the following meaning unless the context clearly requires otherwise:
"Eligible Property" means the property designated in the Brownfield Plan as
the Eligible Property, as described in Act 381.
"Brownfield Plan" means the Brownfield Plan prepared by the Authority, as
transmitted to the City Clerk by the Authority for approval, copies of which
Brownfield Plan are on file in the office of the City Clerk.
"Taxing Jurisdiction" shall mean each unit of government levying an ad
valorem property tax on the Eligible Property.
2. Public Purpose. The City Commission hereby determines that the
Brownfield Plan Amendment constitutes a public purpose.
3. Best Interest of the Public. The City Commission hereby determines
that it is in the best interests of the public to promote the revitalization of eligible
properties in the City to proceed with the Brownfield Plan Amendment.
4. Review Considerations. As required by Act 381, the City
Commission has, in reviewing the Brownfield Plan Amendment, taken into
consideration whether the Brownfield Plan Amendment meets the requirements set
forth in Section 13 of Act 381.
5. Approval and Adoption of Brownfield Plan Amendment. The
Brownfield Plan Amendment as submitted by the Authority is hereby approved and
adopted. A copy of the Brownfield Plan and all amendments thereto shall be
maintained on file in the City Clerk's office.
6. No Capture of Tax Increment Revenues by Authority. The Authority
shall not capture Tax Increment Revenues on the Eligible Property, as described in
the Brownfield Plan Amendment.
7. Disclaimer. By adoption of this resolution and approval of the
Brownfield Plan Amendment, the City assumes no obligation or liability to the
owner, developer or lessor of the Eligible Property for any loss or damage that may
result to such persons from the adoption of this resolution and Brownfield Plan
Amendment The City makes no guarantees or representations as to the
determinations of the appropriate state officials regarding the ability of the owner,
developer or lessor to qualify for a single business tax credit pursuant to Act 228,
Public Acts of Michigan, 1975, as amended, or as to the ability of the Authority to
capture tax increment revenues from the State and local school district taxes for the
Brownfield Plan.
8. Repealer. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter
NAYS: Members
RESOLUTION DECLARED ADOPTED.
do..,.J_, o.L"c\',
Gail A. Kundinger, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on May 25, 2004, and that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
Date: May 17, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Muskegon Township Water Billing Service Contract
SUMMARY OF REQUEST: The 2003 sale of the southside water system to
Muskegon Township included a provision that the city would continue billing services
(at no charge) to township customers for a one-year period. The one-year period is
now expired and the Township has requested that the city continue billing services
for at least one more year. The attached contract provides for the city to provide
these services for one additional year with a possible second-year extension.
FINANCIAL IMPACT: The city will receive payment of $60,000 to cover costs of
billing services during 2004-05.
BUDGET ACTION REQUIRED: No budget action is recommended at this time,
STAFF RECOMMENDATION: Staff recommends approval of the proposed
water billing service contract with Muskegon Township contingent upon prior
approval by the township board.
COMMITTEE RECOMMENDATION: None.
9/18/97 1
CHARTER
TOWnSHIP Of mUSK£60n
1990 E. APPLE AVENUE Phone: (231) 777-2555
MUSKEGON, MICHIGAN 49442-4293 Fax: (231) 777-4912
May 19, 2004
Bryan Mazade
City of Muskegon
933 Terrace St.
Muskego, MI 49443
RE: Contract for water billing services
Dear Bryan:
Attached are two original copies of the agreement for billing on our Eastside Water
System. Please have Mayor Warmington and City Clerk Gail Kundinger sign both and
return one original copy to me. Thanks.
atrick Jordan
Muskegon Charter Twp
INTER-GOVERNMENT AL AGREEMENT BETWEEN
CITY OF MUSKEGON AND CHARTER TOWNSHIP OF MUSKEGON:
WATER SYSTEM BILLING SERVICES
This Agreement is effective on May 22, 2004, between the City of Muskegon, of 933
Terrace Street, Muskegon, Michigan ("City") and Muskegon Charter Township, 1990 E.
Apple Avenue, Muskegon, Michigan ("Township").
Background
A. In 2003, the City sold the Muskegon Township Water System No. 2 to Muskegon
Township. That sale included the obligation for the City to continue billing services to
Township residents for water service for one year.
B. The Township desires the City to continue the billing services to Township
residents for water service for one year and to grant an option to the Township for a second year.
Incorporating the above introductory provisions and the statement of purpose, the
parties agree as follows:
1. Purchase Price; Payment Terms. City will agree to continue providing
billing services to the Township for an annual fee of $60,000. The annual fee shall be satisfied
by payments of $5,000 on the first of each month commencing June 1, 2004. If the Township
elects to extend the contract for a second year, the annual fee shall be $63,000 and shall be
satisfied by payments of $5,250 on the first of each month commencing June 1, 2005. The fee
shall be due and payable with no invoice needing to be sent.
2. Billing Services.
a. The City shall provide billing services for the Township for its water
system and collection of voluntary payments of water bills. City shall send notice to Township
customers of water rate adjustments, based upon mutually agreeable language. During the period
that the City provides billing services to the Township, the Township agrees to defend against
and pay claims related to water rate increases initiated by Township, or any other billing issue.
b. If Township desires to include any other material in a billing statement,
Township shall prepare, print and deliver the material. City shall be reimbursed for any
increased expenses or cost, i.e., additional staff time, increased postage, etc., associated with the
Township's request.
C:\WlNDOWS\TEMP\TWP BILUNG AGR 042204.DOC
c. To the extent City undertakes or participates in collection activity or
enforcement, i.e., shut-off of services, collection agency, litigation, preparation of liens, etc, City
shall be reimbursed its actual cost plus 15%.
3. Term and Termination.
a. This Agreement shall become effective on May 22, 2004, and shall remain
in full force and effect until May 21, 2005. The Township shall have the right to extend the
contract for one additional year, from May 22, 2005 to May 21, 2006, under the same terms and
conditions, except as to the fee charged by the City, as provided for in this Agreement. Written
notice of the intent to extend the contract must be provided by Township by January 31, 2005.
b. Upon termination of the Agreement, regardless of the manner, Township
shall pay the cost, including overhead, of preparing any historical data that may be requested.
Township shall assume all outstanding banking fees and other costs associated with Township
bills on the date of termination.
4. Arbitration. Any controversy or claim arising out of or relating to this
Agreement, or breach thereof, but specifically excluding the Water Purchase Agreement and
Operation and Maintenance Contract, shall be settled by arbitration. In the event of arbitration
pursuant to any provision contained herein, each party shall select an individual to serve on the
arbitration panel and the two so selected shall select a third. All arbitrators selected herein shall
have expertise to resolve the arbitrable issue(s). The three shall form the arbitration panel with
the votes of two arbitrators necessary to resolve any issue(s) submitted to arbitration. Each party
shall bear their costs and the cost of the person they select to serve on the panel. The cost of the
neutral arbitrator and incidental costs, room rental, etc., shall be split evenly between the two
parties. The parties agree that the Arbitration Hearings shall be held in Muskegon County.
5. Miscellaneous.
a. Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
b. Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to the City billing Township residents on behalf of the Township for
water service. The parties executed a number of agreements in 2003 dealing with the sale of the
water system by the City to the Township that are not affected by this Agreement.
c. Additional Agreements. Buyer and Seller agree to enter into any further
agreements, contracts or consents necessary to fully effectuate the terms of this Agreement.
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.
C:\WINDOWS\TEMP\TWP BILLING AGR 042204.DOC
Muskegou Charter Township
By '--
eputy Supervisor
and a _l:~&tL.
C:\WINOOWS\TEMP\TWP BILLING AGR 042204.DOC
Date: May 25, 2004
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Technical Amendments to Deferred Comp Plan
SUMMARY OF REQUEST: One of the benefits offered to city employees is the
ability to contribute a portion of pay to a "457" tax-advantaged deferred compensation plan.
457 plans are similar in many ways to 401 (k) programs but are specifically for public sector
employees. Amendments to the Treasury Regulations governing 457 plans were made and
our service provider (Hartford Insurance) recommends adoption of the attached resolution to
bring our plan into conformity with the new regs.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
9/18/97 1
2004-52(b)
RESOLUTION ADOPTING AMENDMENT TO
DEFERRED COMPENSATION PLAN
WHEREAS, the _ _
c_it_y~o_f_M_u_sk_eg~o_n_ _ _ _ _ _ _ __
(hereinafter "Employer") heretofore established the City of Muskegon Deferred
Compensation Plan ( hereinafter "Plan"); and
WHEREAS, the Employer desires to amend the Plan to conform with the final 457 Treasury regulations
("regulations") issued in July 2003; and
WHEREAS, this amendment is intended as good faith compliance with the requirements of the regulations,
and
NOW THEREFORE, BE IT RESOLVED, that, effective Ma Y 2 5 , 2 OO4 the Employer hereby
amends the Plan by:
A. replacing section 2.3 with the following:
" 2.3 Agreement Effective Date
In general, an Employee must complete and file with the Employer a Participation Agreement prior to the
month deferrals begin. Notwithstanding this requirement, the Employer may establish a cutoff date for
receiving Participation Agreements as long as the cutoff is no later than the deadline provided in section
1.457-4(b} of the final 457 regulations and the cutoff date is applied in a nondiscriminatory manner.
Thereafter, during each month in which the Employee is a Participant in the Plan, that portion of his said
Compensation which is specified by the Employee in the Participation Agreement, shall be deferred and
paid in accordance with the provisions of this Plan."
B. deleting the following portion of section 2.6 and renumbering section 2.6(d) and 2.6(e) as 2.6(c) and
2.6(d) respectively:
"(c) The pre-retirement catch-up provision may not be used during the calendar year that the Participant
ceases to be an Employee."
C. replacing section 4.2, 7.2 and 7.3 with the following:
"4.2 Unforeseeable Emergency Distribution
A Participant may apply for a lump sum withdrawal of funds from the Plan in the event of an unforeseeable
emergency. The Employer will evaluate the request for conformity with its interpretation of the applicable
regulations. The decision of the Employer concerning whether an unforeseen emergency exists shall be
final.
An unforeseeable emergency is a severe financial hardship of the Participant or Beneficiary resulting from
an illness or accident of the Participant or Beneficiary, the Participant's or Beneficiary's spouse, or the
Participant's or Beneficiary's dependent (as defined in Code section 152(a)); loss of the Participant's or
Beneficiary's property due to casualty (including the need to rebuild a home following damage to a home
not otherwise covered by homeowner's insurance, e.g., as a result of a natural disaster); or other similar
extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the
participant or the beneficiary.
Examples of unforeseeable emergencies include (1) imminent foreclosure of or eviction from the
Participant's or Beneficiary's primary residence, (2) the need to pay for medical expenses (including non-
refundable deductibles), as well as for the cost of prescription drug medication and (3) the need to pay for
the funeral expenses of a spouse or a dependent (as defined in Code section 152(a)). Note that the
purchase of a home and the payment of college tuition are typically not unforeseeable emergencies.
The Participant must satisfy the Employer that the facts and circumstances of his or her situation fall within
the definition of unforeseeable emergency. A distribution on account of an unforeseeable emergency may
not be made to the extent the emergency is or may be relieved through reimbursement or compensation
from insurance or otherwise by liquidation of the Participant's assets {to the extent liquidation would not
itself cause severe financial hardship) or by cessation of deferrals under the Plan."
"7.2 Transfers In
All or a portion of an Employee's benefit may be transferred from another Eligible Deferred Compensation
Plan maintained by the Employer or another eligible governmental employer and credited to the
Participant's Account under this Plan as long as the transferor plan provides that such transfer can be
made and
(a) the transfer is from a plan of another employer and the Employee has severed employment with
such other employer; or
(b) the transfer is made between eligible governmental plans sponsored by the Employer; or
{c) the entire plan's assets are transferred from another eligible governmental plan in the same state.
As it deems necessary, the Employer may require such documentation from the transferor plan to effect the
transfer, to confirm that such plan is an Eligible Deferred Compensation Plan within the meaning of Code
Section 457(b) and to ensure that transfers are provided for under such plan.
The Employer may refuse to accept a transfer in the form of assets other than cash, unless the Employer
agrees to hold such other assets in trust under the Plan.
Any amounts transferred that have been deferred during the current calendar year will be considered
deferrals subject to current calendar year deferral limitation.
If a transfer, occurring on or after January 1, 2002, is associated with a distributable event and the
Employee is eligible to receive an eligible rollover distribution as defined in Section 402(c)(4) of the Code,
such transfer will be considered a Rollover Contribution subject to the provisions of Section 2.8."
Government 457 Plan Amendment 09/03 2
Final 457 Treasury Regulations
"7 .3 Transfers Out
All or a portion of a Participant Account may be transferred to another Eligible Deferred Compensation Plan
maintained by another eligible governmental employer as long as the transferee plan provides that
transfers can be made and
(a) the transfer is to a plan of another employer and the Employee has severed employment; or
(b) the transfer is made between eligible governmental plans sponsored by the Employer; or
(c) the entire plan's assets are transferred to another eligible governmental plan in the same state.
Upon the completion of the transfer, the Plan and Employer are discharged of any liability to the Participant
to pay amounts so transferred.
As it deems necessary, the Employer may require such documentation from the other plan to effect the
transfer, to confirm that such plan is an Eligible Deferred Compensation Plan within the meaning of Code
Section 457(b) and to ensure that transfers are provided for under such plan. Such transfers shall be made
only under such circumstances as are permitted under Code Section 457 and the applicable regulations.
If a transfer, occurring on or after January 1, 2002, is associated with a distributable event and the
distribution is an eligible rollover distribution as defined Section 402(c)(4) of the Code, such transfer will be
considered a Direct Rollover subject to the provisions of Section 7.1."
IN WITNESS WHEREOF, the Employer has executed this Plan Amendment this
25th May 2004
day of
City of Muskegon
(Name of EmP.
SEAL
by
Its
(Title)
Attest:
F\V\o.f\.l.'..~ Q.\~c\<. Ccvv-e1.c= ~
(Title) (Witness)
Government 457 Plan Amendment 09/03 3
Final 457 Treasury Regulations
Commission Meeting Date: May 25, 2004
Date: May 17, 2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cf!JC....
RE: Granting of Easement to Resource Industries
SUMMARY OF REQUEST:
To grant a 57-foot easement across the City-owned property located at 1537 S. Getty
Street to Re-Source Industries, Inc., 1485 S. Getty Street. The easement will be used as
a driveway for trucks to access the loading dock area at the rear of their building. The
only other access to this area available for Re-Source Industries is across their customer
parking lot, which often contains cars, which impeedes access.
FINANCIAL IMPACT:
Re-Source Industries agreed to pay a one-time amount of $2,000 for this easement.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To grant the easement to Resource Industries, Inc.
COMMITTEE RECOMMENDATION:
5/17/2004
Resolution No. 2004-52 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE GRANTING OF AN EASEMENT ACROSS
1537 S. GETTY STREET
TO
RE-SOURCE INDUSTRIES, INC.
WHEREAS, the City of Muskegon owns the property located at 1537 S. Getty Street,
Muskegon, Ml; and
WHEREAS, Re-Source Industries, Inc., 1485 S. Getty Street, Muskegon, Ml has only
limited access to their loading dock area; and
WHEREAS, the City of Muskegon is willing to assist Re-Source Industries, Inc. attain
easier access to their property by granting them a 57-foot easement, which includes the
property described below; and
WHEREAS, Re-Source Industries, Inc., is willing to give $2,000 in valuable consideration
for said easement.
NOW THEREFORE BE IT RESOLVED that the Muskegon City Commission grants to
Re-Source Industries, Inc. a 57-foot non-exclusive easement and authorizes the Mayor
and City Clerk to sign the attached Ease.men! Agreement granting such easement
described in Exhibit A.
Adopted this 25th day of May 2004.
AYES: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
NAYS: None
ABSENT: None
BY:
ATTEST: Jj,,_;,L Q JL"'J-/Y~)
Gail A. Kundinger, MMC
Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a
resolution adopted by the Muskegon City Commission, County of Muskegon,
Michigan, at a regular meeting held on May 2;5, 2_004.Q / ,
rlo.J., ~ . fuvv-J,,Y\~,v
1
Gail A. Kundinger, MMC
Clerk
EXHIBIT A
INGRESS, EGRESS EASEMENT
AN EASEMENT FOR INGRESS, EGRESS OVER THAT PART OF BLOCK 98 OF THE 1903 REVISED
PLAT OF THE CITY OF MUSKEGON DESCRIBED AS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF LOUIS
STREET AND THE WEST RIGHT OF WAY OF GETTY STREET;
THENCE SOUTH 01 DEGREE 02 MINUTES 29 SECONDS EAST ALONG SAID WEST RIGHT OF WAY
LINE OF GETTY STREET, A DISTANCE OF 339.23 FEET (R=339.12 FEET) TO A FOUND 1/2-INCH
IRON ROD FOR THE POINT OF BEGINNING OF SAID EASEMENT;
THENCE CONTINUE SOUTH 01 DEGREE 02 MINUTES 29 SECONDS EAST, A DISTANCE OF 57.00
FEET;
THENCE NORTH 65 DEGREES 56 MINUTES 46 SECONDS WEST, A DISTANCE OF 220.41 FEET TO
A FOUND CAPPED IRON ROAD STAMPED D & A;
THENCE SOUTH 80 DEGREES 41 MINUTES 02 SECONDS EAST, A DISTANCE OF 202.91 FEET TO
THE POINT OF BEGINNING.
03-0337A/jrm
5109939
1111111111111111 111111 L-3609 P-630
07 /02/ 2004 O9 :SOA
Mark Fairchild, Muskegon Co ROD 035 Page: 1 of 4
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement") is made as of ..:.:.- / Z :5" /uc/ ,
2004, between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440 ("Grantor"), and Re-Source Industries, Inc., a Michigan
corporation, of 1485 S. Getty Street, Muskegon, Michigan 49442 ("Grantee"), on the following
terms and conditions:
Recitals
A. Grantor is the owner of real property along Getty Street in the City of Muskegon,
Muskegon County, Michigan, more particularly described on Exhibit A attached hereto (the
"City Property").
B. Grantee desires to obtain a permanent easement on, over, across, and through the
City Property, and Grantor has agreed to grant to Grantee an easement for such purpose, as set
forth herein.
NOW, THEREFORE, for valuable consideration, including a payment by Grantee to
Grantor of Two Thousand dollars ($2,000) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Easement. Grantor hereby grants to Grantee, its successors and assigns, a 57-
foot non-exclusive easement with respect to the City Property for the purposes, and on the terms
and conditions set forth herein (the "Easement").
2. Scope. The Easement shall be appurtenant and shall run with the City Property.
3. Use. The Easement shall be used solely for ingress to and egress from Grantee's
property.
4. Warranty of Gran tor. Grantor warrants that it is the fee simple owner of the
City Property and that it has full right and authority to convey it or any part of it, that it is free
and clear of all encumbrances, and that Grantor will forever warrant and defend title to the City
Property and the Easement against the lawful claims of all persons.
C:IDOCUM E~ I\ang uilrn\ LOCALS~ I \Tcmp\BK2658.doc
1
5. Warranty of Grantee. Grantee warrants that it has the right and authority to
enter into this Easement Agreement.
·6. Repair. Grantee shall promptly repair any damages to the City Property or to the
improvements thereon caused by the Grantee exercising its rights under this Easement
Agreement.
7. Binding Effect. This Easement Agreement shall bind the parties, and their
successors and assigns.
8. Taxes. Grantee shall pay all property taxes assessed against any personal
property owned by Grantee and located on the City Property, if any. Notwithstanding the
foregoing, Grantee shall be entitled to contest, in good faith, any such property taxes.
9. Recording. The parties shall record this Easement Agreement with the
Muskegon County Register of Deeds, and Grantee shall pay all recording costs.
10. Michigan Law. This Easement Agreement shall be construed and enforced in
accordance with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
11. Captions and Headings. The captions and headings used in this Agreement are
intended only for convenience and are not to be used in construing this Agreement.
12. Entire Agreement. This Easement Agreement and the attached exhibits
constitute the entire agreement between the parties and supercede any prior agreements and
understandings, both written and oral, with respect to the subject matter hereof.
13. Severability. If any provision of this Agreement or its application to any person
or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement
shall not be affected and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
14. Successors. This Agreement and the covenants and conditions shall inure to the
benefit of and be binding on Grantor and its successors and assigns and shall be binding on
Grantee and its successors and assigns.
15. Amendment. This Agreement shall not be amended or modified except in a
writing signed by both parties.
5109939
L-3609 P-630
1111111111111111111111
Mark Fairchild, Muskegon Co ROD 035
07/02/2004 O9:5OA
Page: 2 of 4
C:\DOCUM E-1 \anguilm\LOCALS-1\Temp\BK2658.doc
2
rl-
This Easement Agreement was entered into on the date set forth above.
Witnesses: Re-Source Industries, Inc.
a Mich_i an corporation
(
i
By: /,µ,Ji'=-;;/ '
Paul Kuyt, Its ·P,., "'' 1x "-,·;·
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing was acknowledged before me this 'lt6 day of__,J,"--"-LL-''--------
2004, by Stephen J. Warmington and Gail A. Kundinger, the Mayor and Clerk respectively, of
the City of Muskegon, a Michigan municipal corporation, on behalf of the city.
Type/Print Name:
Lin dq S - flo /-/-Pr
Notary Public, Muskegon County, Michigan
Acting in the County of Muskegon
My commission expires: 9 -.;; u--·a 1,-,
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing was acknowledged before me this ct5-/h. day of )11\ '}a ,
2004, by Paul Kuyt, the t0r-,s,
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PROJECT DESCRIPTION
Port City Industrial Park - Expansion
A. Background - The Port City Industrial Park was created in the I 960's and comprises
over 400 acres. Additional land became available for development with the extension
of Black Creek Drive. Developable industrial land within the park has been
exhausted and the need for additional industrial land within the City is very urgent.
B. Project Scope - The acquisition of a triangular piece of property south of the Sunrise
Memorial Gardens Cemetery, construction of utilities to the property, and the
extension of Industrial Boulevard south to the property, which will provide an
additional 22 acres for industrial use.
C. Project Cost & Timing - Staff has estimated the project cost to be approximately
$1.33 million, which includes roadway extension, water and sewer services, and
prope1iy acquisition. If funding is secured the project could begin as soon as 2005.
D. Funding Sources - If the City of Muskegon, were the recipient ofan EDA grant, local
match would be available from the Local Development Finance Authority, water and
sewer funds, and State funds.
E. Project Beneficiaries - By providing infrastructure to an unimproved area, new
development will occur that will add to the tax and employment base of the
community.
2004/2005 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon Project Name: Port City Tndustri al Park
Expansion
Contact Person: Lonna Anguilm Phone: -~2-3L1=7JJ..2~4=6u]....O u 2 ~ - - - - - - - - - -
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: see attached
Estimated Project Start Date: _ _,,2"'0'-"0'-"5'--------- 0 New Project [) Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per catego1y)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
0 New Submission 0 Repeat Submission (20_) 0 Yes O No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 1 000 000 0 Secured 0 Lacking
State: Potential Job Creation (estimated)
----------------- 1 00+ 0 NA
Local: ------"--"-"--'-"'-"'-"'----------
230 000 Not Applicable
Other: - - - - - - - - - - - - - - - - - Potential Job Retention (estimated)
100+ 0 NA
TOTAL: -~$._Jc_,_,.3.,_,3.,_,o"-r,o.,._o.,._.,._o_ _ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
[) Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
0 Lacking O NA document?
Not Applicable !]I Yes (identify) 0 No
Master Plan, LDFA, CEDS
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2004 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
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PROJECT DESCRIPTION
Farmer's/Seafood Market
A. Background - The idea of a downtown Farmer's/Seafood Market first surfaced during
the Master Plan process. There are a number of potential sites for this project. All of
which are located within Muskegon's downtown area. The locations were chosen for
their proximity to the waterfront and the central business district.
B. Project Scope - This project will enhance the image of downtown and provide a new
outlet for fresh produce/seafood.
C. Project Cost & Timing - To complete the property acquisition and rehabilitation as
well as the installation of new utilities, the estimated cost is $6 million.
D. Funding Sources - If fimding were approved, local match would be provided by the
City and/ or private sources.
E. Project Beneficiaries - The project will benefit the entire community but more
specifically downtown residents and property owners. Inner-city residents and
employees would greatly benefit from the availability of fresh produce. An activity
of this sort would also increase the amount of pedestrian activity in the downtown.
2004/2005 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon Project Name: Farmers/ Seafood Market
Contact Person: Lonna Angu i J m Phone: -"--2_,_3_._1-=-'7-"2'-'4'-=-'6"-7=0.,.?_ _ _ _ _ _ _ _ _ __
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description:
Estimated Project Start Date: _ _,2"-'0"-'0"-'5"----------- []I New Project D Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this.form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
D New Submission []I Repeat Submission (20__) D Yes Kl No D NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 2 000 000 D Secured [I Lacking
State: - - - - - - - - - - - - - - - - - Potential Job Creation (estimated)
10 99 0 NA
Loe~: -----"-'-"'-"--'Lt-'"-"-"----------
4 000 000 Not Applicable
Other: - - - - - - - - - - - - - - - - - Potential Job Retention ( estimated)
10-99 0 NA
TOTAL: _,._$,,_6.,_,0,c,c00,,_,_,,.,._oo,.,._o,.,.___ _ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
0 Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
Gl Lacking O NA document?
Not Applicable ~ Yes (identifv) D No
Master P1an, CEDS
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2004 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
Farmers Market !(
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Project Area D
PROJECT DESCRIPTION
Michigan Steel Relocation
A. Background - Michigan Steel is one of the last industrial uses located on the
shoreline of Muskegon Lake. To completely redevelop the shoreline, Michigan Steel
should be relocated to a more proper location in one of the Industrial Centers in the
City of Muskegon.
B. Project Scope - The project scope would be first to locate a new site for the company,
followed by building a new facility and installing new utilities and infrastructure.
Secondly, the companies existing assets would need to be relocated to the new
facility. The existing facility would then require demolition and environmental
remediation to prepare it for new development. New commercial/development would
be more appropriate for a lakeshore location.
C. Project Cost & Timing - Total estimated costs are $15 million. This includes costs
for building a new facility or purchasing an existing facility, equipment moving costs,
environmental remediation, new infrastructure and utilities. If this project were to
receive funding, the project could begin in 2005.
D. Funding Sources - If funding were approved, local match would be provided from
State, City, and private sources.
E Project Beneficiaries - The general public would benefit from the relocation of the
facility both economically and ecologically. The relocation would also benefit
Michigan Steel by placing them in a more proper location with better highway access.
2004/2005 CEDS PROJECT SUBMITTAL FORM
Relocation of West
Applicant Name: City of Muskegon Project Name: Michigan Steel
Contact Person: Lonna Angu; J m Phone: ---'2c.c3>-lL-=-1j__£..2..
4=06-t?..J.Oc.2:.-----------
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description:
Estimated Project Start Date: _2"--"-0,,_0=-5_ _ _ _ _ _ __ D New Project 0 Facility Expansion
(check one box)
Important: For Economic Development Jnfi·astructure Construction Project, please remember to provide the required site
location map with this.form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
D New Submission [) Repeat Submission (20__) D Yes Im No D NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 5,000.000 D Secured Im Lacking
5 ooo .u..,.,c,.,_
State: ----L,,-,.,_"--'-'-+, ooo _ _ _ _ _ _ __ Potential Job Creation (estimated)
10-99 0 NA
Not Applicable
Local: ____JL,-,,.,o,.,o.,,O-,....uDccO'-'O'----------
Other: _ _ __,,4c.,,c.>.0u.Du.D,_,,'-'o'-'o,.,o~------- Potential Job Retention (estimated)
1 + 0 NA
TOTAL: -~~~j~54•~0~0~04,~o~o~o_ _ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
D Complete D In Progress Plan, TIFA Plan, Financing Plan, or similar
[) Lacking O NA document?
Not Applicable Qll Yes (identify) D No
Master Plan, CEDS
Do not Wl'ite below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2004 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon, MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
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PROJECT DESCRIPTION
Seaway Industrial Park Expansion
A. Background - Seaway Industrial Park was developed as a result of using ULA,
EDA, and City funds. The park has now been designated a Renaissance Zone by
the City of Muskegon and State of Michigan. Other industries, such as
Brunswick, are located just to the north of the park, and other properties located
north of Laketon Avenue are currently zoned I-2, General Industrial. They
include some former manufacturing buildings, as well as presently operating
manufacturing facilities.
B. Project Scope - Extend the boarders of current Seaway Industrial Park to include
all properties currently zoned I-2, General Industrial, North of Young Avenue,
th
South of Southern Avenue, East of Seaway Drive and West of 7 Street, (see
attached map). The entire park would be certified, and possibly rezoned to I-1,
Light Industrial zoning. Upgrading of the infrastructure would be done to the
park, as necessary.
C. Project Cost & Timing- Estimated costs are $500,000 for major street
improvements, as well as upgrades to water and sewer lines. If funded the project
could begin in 2005.
D. Funding Sources - It is possible that City of Muskegon Street funds could be
made available for this project.
E. Project Beneficiaries - Additional development and possible rehabilitation of
industrial properties within the expanded park will lead to the creation of
approximately 100 jobs.
2004/2005 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon ProjectName: Seaway Industrial Park Expansion
Contact Person: __L_o_n_n_a_A_n_g_u_i_·_lm
_ _ _ __ Phone: ( 2 31 ) 7 2 4 - 6 7 0 2
-------------------
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: __.,scsea..,ea..__Jaa_t~t=a,,,cJJh"-e"'dL__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Estimated Project Start Date: _,2-..,0,._,0"""'5"----------- ~ New Project D Facility Expansion
(check one box)
Impm·tant: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
ll9 New Submission D Repeat Submission (2O_J D Yes O No D NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: - - - - - - - - - - - - - - - - D Secured tj Lacking
State: - - - - - - - - - - - - - - - - - Potential Job Creation (estimated)
1 00 0 NA
Local: _ _ __,,$'-"2c,15"'0..,_.-"o"'o_,,_o_ _ _ _ _ __ Not Applicable
Other: - - - - - " - " -$l2 n nan
l '5- - , . , - l l . > J . . U - - - - - - - - -
Potential Job Retention ( estimated)
100+ 0 NA
TOTAL: _ _____,,$c,;5cs,0_.,,_o_,_• ., _o,.,_o,.,_o_ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
D Complete D In Progress Plan, TIFA Plan, Financing Plan, or similar
!ID Lacking O NA document?
Not Applicable 0 Yes (identify) D No
Master Plan
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2004 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (23 I) 722-9362
E-mail: ekuhn@wmsrdc.org
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PROJECT DESCRIPTION
Muskegon Sports Complex
A. Background- The City of Muskegon has been working with Consumer's Energy
to develop the property east of the Causeway for a regional spmis complex. The
prope1iy is currently being closed through a DEQ permit and will be ready to
develop in late 2006. The City is currently requesting funds from the DNR Trust
Fund to purchase the prope1iy form Consumer's Energy. That cost is estimated at
$1,000,000. Once purchased, the City will be applying for funds to develop the
property into a sports complex primarily for soccer. There is an urgent need for a
soccer complex within the region. A tournament complex, which this complex
would be, would bring additional dollars into the community.
B. Project Scope - The development of the almost 50 acres of land into a sports
complex with about 8 soccer fields, a baseball field, and other park amenities
including access to Muskegon River.
C. Project Cost & Timing - The total cost of the project is estimated at $2,400,000 to
be done over 3 phases beginning in 2006. The actual timing will depend on when
the property is purchased and when grants are actually received.
D. Funding Sources - The City will be applying for DNR Trust Fund monies and
will be using City of Muskegon Funds and a donation from the Cobb Plant for the
local match.
E. Project Beneficiaries - The youth and adult soccer players in the community will
benefit, as will area baseball players. People wishing to gain access to Muskegon
River for fishing or just a scenic walk will also benefit. Businesses will benefit,
as new money wil be coming into the community for services such as gas, food,
and lodging.
2004/2005 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Mn skegan ProjectName: Muskegon Sports Complex
Contact Person: Lonna Angu i l m Phone: _,_2__,3__,_1=1-'2'-'4=6e>-.1=D..,2-----------
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Mnskegon
Project Description: Develop a Sports Complex on property currently owned hy
Consumers Energy
Estimated Project Start Date: 2006 @ New Project O Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
rn New Submission O Repeat Submission (20_) 0 Yes O No @ NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 0 Secured l.D Lacking
----------------
State: _ _ _____c1--'--"5"'0"'0'-'-"0"'0"'0_ _ _ _ _ __ Potential Job Creation (estimated)
8!i NA
Local: 900,000
_ _ _ __:;_:_::.._L_::....::_.=__ _ _ _ _ _ __ Not Applicable
Other: -----------------
Potential Job Retention (estimated)
@NA
TOTAL: ----'$"-'2"-'-',4,.,0, ._,o, __,_,.o,,._,o,,._,o.,___ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
0 Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
0 Lacking O NA document?
Not Applicable IKI Yes (identify) 0 No
Muskegon Leisure Services Master
Plan 2003
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2004 CEDS Projects
West Michigan Shoreline Regional Development Collllllission
P.O. Box 387
Muskegon, Ml 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
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Date: May 25, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Vickibob Corporation
1050 W. Western Avenue, Suite 111
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on .a request from Vickibob Corp., 1050 W.
Western Avenue, Suite 111, in the Hartshorn Center for a new SDM
license.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on final inspection.
Muskegon Police Department
rintM"'f L . "J::~
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980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (231) 722-5 140 /=
www.muskegonpolice.com
October 31, 2003
To: City Commission through the City Manager
From: N L . I~
Anth~ L. Kleibecker, Chief of Police
Re: Liquor License Request (New) - 1050 W. Western Avenue, Suite 111
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Vickibob Corp., consisting of
Robert and Vicki Warber of 8050 Michillinda Road in Twin Lake, Ml.
Vickibob Corp. is requesting a new SOM license for a business to be located at 1050 W.
Western Avenue, Suite 111 in the Hartshorn Center. Neither Robert nor Vicki has
experience in owning an alcohol-serving establishment but both have been made aware
of the Muskegon Police Department's position on enforcing local alcohol-related laws
and ordinances.
A check of Muskegon Police Department records and a criminal history check show no
reason to deny this request.
ALK/dl
2004-52(e)
RID: 225999
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a ___
R_e_g_u..,,...1----,---a_r---,-_ _ _ _ __ _ _ meeting of the _ _ __c_i-=t=-y-----,-,,--C=-o_m,....m,,,.1_·s__,,.s,-i_o_n_ _ _ _ __
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on May 2 5, 2004 at 5:30 P.M.
----'=----------
The following resolution was offered:
Moved by Vice Mayor Larson and supported by Commissioner Spataro
That the request from Vicki bob Corporation, 1050 W. Western Avenue, Suite
111, Muskegon, MI 49441, for a new SDM Licensed Business
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
- - - - - - -- ---- ------------
Nays:
- - --0 - - - - - - -- Nays :
------------
Absent: 0 Absent:
- - - - - - - - -- -
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - - - - - -- - -------;;;
(R:-:
1/
Fire/Inspection Compliance O Remaining Defects _ _ _ __
Services
Gail A. Kundinger,
. ..
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City
... Clerk
'·- -· __.._
,~,--,--·-=-·-- ---,------' ..: - -.-··~-~-- -~ -· -----:- ___- -==----=--==-
00~
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! , VICKI BOB CORPORATION 03-02 ; 2~ 747 108 7
Y. S. F 88409252~8
8050 MICHILLINDA RD. ' /0 A_;,
TWIN Ml 4 DATE __::CL"_/:__c_L":.C/:......;'.;LL
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~!!~!PctCity®
i '~ National City Bank of Michigan/Ulinois
Kalamazoo, Michigan
1, MEMO _ _ _ _ _ _ _ _ _ __
1: □ 7 2DOO"l • S•: BBt.O"l 2 5 2811 1 .oa 7
Affirmati\'e Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724-4055 West Mlchlgan's Shoreline City
Clerk
616/724-6705
FAX1724-4178
Comm. & Neigh.
Services
616/724-6717
F AX/726-250 I December 18, 2003
Engineering
616/724-6707
FAX/727-6904
Finance Vickibob Corporation
616/724-6713
F AX/724-6768
1050 W. Western Ave., Suite 111
Muskegon,MI 49441
Fire Dept,
616/724-6792
F AX/724-6985 Dear Sir:
Income Tax
616/724-6770 I have received a letter from the Liquor Control Commission reference your
FAX/724-6768
request for a new SDM License at 1050 W. Western Avenue, Suite 111. This
Info, Systems request has been recommended for approval by the Muskegon Police Department.
616/724-6706
FAX/722-4301 However, the Inspection Department cannot approve the request without a final
Leisure Service
inspection and certificate of occupancy. Please contact the Inspection Department
616/724-6704 at 724-67 I 5 to schedule the inspection. Also, an inspection is required by the Fire
FAX/724-1196
Marshal. Please contact the Fire Department at 724-6792 to schedule the
Manager's Officl' inspection.
616/724-6724
FAX/722-1214
We also do not show that the business has been registered with the City Clerk's
Mayor's Office
616/724-670 I Office. The forms to register the business are enclosed. After this is done, this
FAX1722-1214 request will be presented to the City Commission.
Neigh. & Const.
Services
616/724-6715
If you have any questions, please contact me at 724-6915.
FAX/726-2501
Planning/Zoning
Thank you,
616/724-6701
FAX/724-6790
Police Dept.
616/724-6750
FAX1722-5140 Linda Potter, CMC
Deputy Clerk
Public Works
616/724-4100
F AX/722-4188
Enc.
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, M f 49443-0536
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
6 I 61724-6 708
FAX1724-4178
Cemetery
6 J61724-6783
FAX/726-5617
Ci\,il Ser.·ice
6161724-6716
F AX/724--1055 West Mlchigm1's Shoreline City
Clerk
6161724-6705
FAX/724-4178
Comm. & Neigh. May 20, 2004
Services
6161724-6717
FAX/726-250 I
Engineering
6161724-6707 Stephen Gawron, President
FAX1727-6904
Nims Neighborhood Association
Finance 1362 Palmer
(,161724-671}
FAX/724-6,68
Muskegon,MI 49441
Fire De111.
6 I 61724-6792 Dear Steve:
FAX172-1-6985
Income Tar We have received a letter from the Liquor Control Commission reference a
616/724-6770 request from Vickibob Corporation for a new SDM license to be located at 1050
FAX1724-6768
W. Western Avenue, Suite 111. A SOM license permits the sale of beer and wine
Info. Systems
616/724-6 706
for consumption off the premises. On Tuesday, May 25, 2004, the City
FAX1722-430 I Commission will review this request and determine whether or not it should be
Leisure Sen·ice
recommended for approval.
(,1(,/724-6704
FAX172-1-1196
You are being sent this notice because the City Commission would like to know
Manager's Office how the Neighborhood Association feels and would appreciate any comments that
616/724-6724
FAX1722-121-1 they may have. You may send these comments to 933 Terrace, Muskegon, MI
49440 or attend the City Commission Meeting on May 25, 2004, at 5:30 p.m. in
,'\layor's Office
616/'24-6701 the Commission Chambers.
FAX1722-1214
Neigh. & Const. If you have any questions, please feel free to contact me at 724-6705.
Services
616/724-6715
FAX1726-2501 Sincerely,
Planning/Zoning
616/724-6702
FAX1'24-6790
Police Depl. Linda Potter
616/724-6750
FAX/722-5140 Deputy Clerk
Public Works
616/724-4 J00
FAX1722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/7.55-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
Affirmafive Aclion
616/724-6703
FAX1722-1214
Assessor
616/724-6708
FAX1724-4178
Cemetery
6 J6/724-6783
FAX/726-%17
Civil SerYice
616/724-6716
FAX1724-4055
Clerk
6161724-6705
FAX/724-4178
Comm. & Nt'igh.
May 20, 2004
6161724-6717
FAX/726-2501
Engineering
616/724-6707 Vickibob Corporation
FAX1727-6904
I 050 W. Western Ave., Suite 111
Finance Muskegon, MI 49441
6161724-6713
FAX/724-6768
Dear Mr. & Mrs. Warber:
Fire Dejll,
6161724-6792
FAX1724-6985 This letter is to inform you that your request for a new SDM License to be located
Income Tax at 1050 W. Western, will be presented to the City Commission on May 25, 2004.
ti 16/724-6770 This meeting begins at 5:30 p.m. and is located in the City Commission
FAX/724-6768
Chambers, 933 Terrace, Muskegon, Ml.
Info. S)·stcms
(i 16/724-67()(,
FAX/722--IJ0 I This request has also been sent to the Nims Neighborhood Association for their
Leisure Service
comments. It is Commission practice to let the Neighborhood Association know
6lM724-CJ704 of any liquor license requests that are located within their boundaries. This allows
FAX/724-1196
for comments from the people who live there and not just from the owners of the
M,rna~er's Office business' who are located there.
616/724-6724
FAX/722-1214
Sincerely,
/\layor's Office
616/724-6701
FAX1722-1214
.~'eigh. & Const.
Servicrs
616/724-67!5
Linda Potter
FAX1726-2501 Deputy Clerk
Planning/Zoning
616/724-6702
FAX1724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX1722-4188
Treasurer
616/724-6720
FAX1724-6768
Water Billing De111.
616/724-6718
FAX1724-6768
Water Filtration
616/724-4 J06
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
200 4 -52(e)
RID: 22 5 999
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a _ _R_e_g_u_l_a_r_ _ _ _ _ _ _ _ _ meeting of the _ _ _c_i_t_y_c_o_m_m_ i_s_s_i_o_n_ _ _ _ __
(Regular or Special) (Township Board, City or Village Council)
called to order by Mayor Warmington on 5:30
- -May
~ -2 - - - - - - at - - - - -
5, 2 004 P.M.
The following resolution was offered:
Moved by Vice Mayor Larson and supported by Commissioner Spataro
Thattherequestfrom Vickibob Corporation, 1050 w. Western Avenue, Suite
111, Muskegon, MI 49441, for a new SDM Licensed Business
beconsideredfor Approval pending final inspection
(Appro\'al or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
----------- -----------
0
Absent: - - - Absent:
-------
It is the consensus of this legislative body that the application be:
Re commended for issuance
------------=(R_
«o
_m-m,-·ndc-,
cd,-
or-
no-1,R-cc-om_
m_cn..,..
dcd .,..)_ _ _ _ _ _ _ _ _ _ _ _ _ __
State of Michigan - - - - -)
§
County of Muske g on )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City Commission ata Re gular
-------.::
(T~
ow~
nsh,.,..ip..,,.Bo
- ar.d,-=
.,.. c ;,-,
y -or.,.,.
Vi"'""lla-ge-=
co-un--,
cil,-
) ---- ------(R
- •g-ul_
ar_o,-Spe
- ,-i
al)_ _ _ _ __
meeting held on Ma y 2 5, 2004
(Dale)
SEAL (Signed)__,__ __ __ _ -=-__,,..----=-----,-,-=-->'t-=:-.,.,-
-iTpwns.!!!P,, City of Vi~
Ga il A. Kuna1n~ er, c Clc t yrk) C l e r k
933 Terrace, Musk e gon, MI 4 9 4 40
(Mailing addr; / "~ /~u<.~
7~f/~7:_~7~ ·v:n===-- DYes 7
FAX (231)724-6768 PS Form 2001 [..
Domestic Return R . /
ece,pt
Water Billing
(231)724-6718
FAX (23 1)724-6768
~ city,-State, Z /1'+"
-----=-r·j ·
102595-02-M- 1~ ~
1
• '' - • • :. :. • t .
Water Filtration
(23 1)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, M1 49443-0536
http://www.shorelinecity.com
Date: May 25, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
BLMC Enterprises, Inc.
1601 Beach Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from BLMC Enterprises, Inc., of
1601 Beach Street, to transfer ownership of the 2003 Class C-SDM
licensed business (in escrow) with Dance-Entertainment Permit, Official
Permit (food), Outdoor Service (2 areas), 2 Bars, and Drive-up Window
Permit from Beach Street Inn, Inc. -t- ~~~ ~ • \~
0
•• a..S2...t
D ,- f l'-&G\.. 0,. Mr 4 :_ ;-
0 '2.,.~~ Pr,..._
FINANCIAL IMPACT: None.
~
-
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on final inspection
and a zoning variance may be required for the drive-up window.
Arfirmalivc Action
724-6703
Asscssm·
7246708
Cemetery
724-6783
Civil sc,·vlcc
724-6716
May 17, 2004
Clerk
72Hl705
To: Muskegon City Commission through the City Manager
Engineering From:
724G707
ny L. Kleibecker, Director of Public Safety
Finance
Re: Liquor License Request (Transfer) - 1601 Beach Street
7246713
The Muskegon Police Department has received a request from the Michigan Liquor
Firr llcpl.
72,16702 Control Commission for an investigation of applicant BLMC Enterprises Inc. of 1601
Beach St. in Muskegon. BLMC Enterprises Inc. is requesting to transfer ownership
of 2003 Class C-SDM licensed business (in escrow) with Dance-Entertainment
C. N. Ser vices
724·1i717 Permit, Official Permit (Food), Outdoor Service (2 areas), 2 Bars, and Drive-Up
Window Permit from Beach Street Inn, Inc.
l11spect.io11s
724·G7 1ri
BLMC Enterprises is comprised of two individuals: Brian Giampapa and Lawrence
Zeiser, both of Grand Rapids, Ml. On April 27, 2004, LCC Investigator Tom Healy
contacted Detective Kurt Dykman and advised him to add the drive-up window
I ,CiSlll'C Sc,•vicc permit to the paperwork. This permit is actually for a walk-up window but is titled as
724-6704
drive-up. The owners plan to have food service at this walk-up window after the bar
closes. Mr. Healy was advised that the City of Muskegon has closing hours for city
~lauagcr's Office
parks; this information will be relayed to the applicants. Mr. Giampapa advised that
724·1i724 he has experience in the alcohol-serving industry; however, Mr. Zeiser does not. Mr.
Giampapa has been made aware of the Muskegon Police Department's position on
Mayor's Office
enforcing local alcohol laws and ordinances.
724-()701
A check of Muskegon Police Department records and a criminal history check show
no reason to deny this request.
Pla1111l11g/Zo11l11g
724-6702
Police Dept..
724 67ii0
ALK/dl
Public Works
72(H786
Treasurer
724-6720
Water Dept. CiLy of Muskegon, 1'.O. Box 536, 980 ,Jcffc1·son SLl'CCL, Muskegon, Michigc111 40443-0536
72•167 1ll
To: Tony Kleibecker, Director of Public Safety
From: Det. Kurt Dykman
Date: 05-12-04
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant BLMC Enterprises, INC. of
160 I Beach St., Street, Muskegon, MI. 49441.
BLMC Enterprises is requesting to transfer ownership of2003 Class C-SDM licensed
business (in escrow) with Dance-Entertainment permit, Official Permit (Food), Outdoor
Service (2 areas), 2 Bars, and Drive Up Window Permit, from Beach Street Inn, Inc.
BLMC Enterprises is comprised of Brian Giampapa and Lawrence Zeiser, both of Grand
Rapids, Michigan. On 04-27-04 I was contacted by Tom Healy, LCC investigator, and
advised to add the drive-up window permit to the pape1work. This permit is actually for
a walk-up window but is titled as drive-up. The owners plan to have food service at this
walk-up window after the bar closes. Mr. Healy was advised that the City of Muskegon
has closing hours for city parks; this information would be relayed to the applicants. Mr.
Giampapa advised my office that he has experience in the alcohol serving industly
however Mr. Zeiser does not. Mr. Giampapa has been made aware of the Muskegon
Police Departments position on enforcing local alcohol laws and ordinances.
A check of MPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
Def. Kurt Dykman
data/common/liquor/BLMC
,;>39 c; 3.:,;;
' '
Michi1,iu,1 Department of Consumer & Industry ~crvices cf-;}.f'-(.)t/
LIQUOR CONTROL COMMISSION
7150 Harris Drive 'fl,M
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
To: MUSKEGON POLICE DEPARTMENT Date: March 8, 2004
CHIEF OF POLICE REF#: 239930
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
BLMC ENTERPRISES, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT (FOOD),
OUTDOOR SERVICE (2 AREAS), AND 2 BARS, LOCATED IN ESCROW AT PERE MARQUETTE
PARK, 1601 BEACH, PAVILION BLDG., MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM BEACH
STREET INN, INC. /}def cf.r,r.,e •:;:• 5-1•,,v,ce w.,,;,/;,w (/'"" r,/-J,:,.ly ,.,. 27 .,,,)
IP
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
.::J3'i c;.JcJ
'-
STATE OF MICHIGAN
r1'.!1"'\ '//}i /c1
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC l l05(2)(d))
Reg ID: 239930
Date: March 8, 2004
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: BLMC ENTERPRISES, INC.
Home Address And Phone No:
BRIAN A. GIAMPAPA, 916 MICHIGAN STREET, NE, GRAND RAPIDS, Ml 49503 H&B(616)581-7707
LAWRENCE J. ZEISER, JR., 916 MICHIGAN STREET, NE, GRAND RAPIDS, Ml 49503 H&B(616)581-7223
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880,1234
....,_,.....Cr?
Michigan q"~< A_ L. . l~
DATE SUBMITTED OFFICER'$ SIGNATURE
Muskegon Polee (231 724-6750
DEPARTMENT NAME PHONE NUMBER
980 J efferson St. Muskegon
ADDRESS CITY
LC-693N REV 5198
4880-0.52
c)39 9:J'C>
MichiJ __ . Department of Consumer & lndust~; .,ervices '-/ --, )I-OJ'
LIQUOR CONTROL COMMISSION (MLCC) y)tM-
7150 Harris Drive, P.O. Box 30005 - Lansing, Michigan 48909-7505
APPLICATION FOR OFFICIAL PERMIT FOR DIFFERENCE IN HOURS OF OPERATION
(Authorized by MAC R 436.1437)
Applicant or Licensee Name: =B=LM~C~E~N~T~E~R~P-'-R=IS~E ~ S ~ I N - ' - C ~ · - - - - - - - - - - - - - - - - - -
Address: 1601 Beach St., Muskegon MI 49441
Type of License:------ - - - - - - - - - - -- - -- - - - - - - - - - - -
The Commission is requested to grant an after hours permit for: (check boxes that apply)
D Operating our restaurant for the sale of food
D Operating night league bowling, tournaments or Sunday morning bowling
D Registering golfers
D Registering Skiers
D Registering Tennis Players
fV'I
~ Other: &t.,\ es
'f-.
ar ~ \
t-oa:J
, .
l-.\ti cr~vi WO
( \.,L_ v n
- \'" 0 e-rv1c.e: u.Jwt.Oow .
During the Hours of:
Weekdays ,:;:J:3t.J A.M. to '-/.:.uo A.M.
Sundays _ _ _ A.M. to _ _ _ A.M.
It is understood that customers shall not be on the licensed premises for any activity other than the requested
activity.
Licensee or Applicant Signatures: d o ~-------------
LOCAL LAW ENFORCEMENT RECOMMENDATION
To Law Enforcement Agency:
This application is for official permits allowing the after hours operations indicated above. Please enter your
recommendations below and return one signed copy to the Commission. Thank you.
□ Recommended. Comments: _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ __
0 Recommended except for FooJ s td'-s - cl : 3 0 - 'f : tJO qfrl permit.
□ Not Recommended
Signature and Title't% L • I~ Director of Public Safet y Date: 05-12-2004
LC-1112 Rev. 9/17 Req ID# 239930
LIQUOR LICENSE REVIE\V FOR1'1
Business :fame: _....::/3:..:....:::!_=--..!.../l)_,t._,,;:aC==---""""[...!...tz<......:f_,,._e!-/,1IJ"'-'f''---'-1...::..,s"'""'e.......,...,s~-----'-'2'--'-n~c-'--,__
I 7
AK..~ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: f3o·qn G1rurzr,
tJo.aa t- lqwceace. z e/st'r'
Business Address: J~o/ /jeqch
Reason for Review:
New License D Transfer of. ~wnership )8( D Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
Police Department Approved ffoenied D No Action Needed D
Income Tax Approved □ Owing . □ Amount:
Treasurer · Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA 0
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature-----=~~ -= -L_ ,,._;·i;._~~ =~~__;;:=..;._::::....,__ __ __ _ _
0
Gail A. Kundinger, City Clerk
Li L'cense Coordinator
d239930
7U11 ,;/11/d1
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL APPROVAL NOTICE
(Authorized by MCL 436.1501(2) and MAC 1105(2)(d))
Req ID: 239930
Date: March 8, 2004
To: MUSKEGON CITY COMMISSION
933 TERRACE STREET
PO BOX 536
MUSKEGON, MI 49443-0536
Applicant: BLMC ENTERPRISES, INC.
Home Address And Phone No:
BRIAN A. GIAMPAPA, 916 MICHIGAN STREET, NE, GRAND RAPIDS, Ml 49503 H&B(616)581-7707
LAWRENCE J. ZEISER, JR., 916 MICHIGAN STREET, NE, GRAND RAPIDS, Ml 49503 H&B(616)581-7223
Local Legislative approval is required for new and transferring On-Premises licenses by MCL 436. 1501
of the Michigan Liquor Control Code of 1998. Local approval is also required for DANCE,
ENTERTAINMENT, DANCE-ENTERTAINMENT OR TOPLESS ACTIVITY permits by authority of
MCL 436.1916.
For your convenience a resolution form is enclosed that includes a description of the licensing transaction
requiring approval. The clerk should complete the resolution certifying that your decision of approval or
disapproval of the application was made at an official meeting. Please return the completed resolution
to the Liquor Control Commission as soon as possible.
If you have any questions, please contact the On-Premise Section of the Licensing Division as (517) -322-
1400.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURN
TO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
sfs
LC-1305 REV 9/17
4880-1234
Michi[Jafl Department of Consumer & Industry ::itJrvices
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201(4)]
To: MUSKEGON POLICE DEPARTMENT Date: March 8, 2004
CHIEF OF POLICE REF#: 239930
980 JEFFERSON STREET, PO BOX 536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
BLMC ENTERPRISES, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2003 CLASS C-SDM
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT (FOOD),
OUTDOOR SERVICE (2 AREAS), AND 2 BARS, LOCATED IN ESCROW AT PERE MARQUETTE
PARK, 1601 BEACH, PAVILION BLDG., MUSKEGON, Ml 49441, MUSKEGON COUNTY, FROM BEACH
STREET INN, INC. l1Jl cl,,ve Y" 5('/1/1£~ cv,;,,,fr.,, V"V' 7. Hed:, ~
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
LIQUOR LICENSE REVIE\V FORJ."1
Business Name: ---'"/3~!.'---"-flJ"""---=c"'-----'l-n~f~e~f'..,..0. .C.......L__.-..S........-c....s_ _:i
. . . _n_'_c_._ _
7 7
,..;.KA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: f3o·q a
Business Address: /&O/ /3eqch
Reason for Review:
New License D Transfer of ~wnership 5 D
Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax , Approved ~ wing D Amount: - - - -
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
□ Owing □
Clerk's Approved Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_~__.__--'-~ ~"""'- ..,;;,_------
----------
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORJ.'1
AKA Business Name (if applicable): _ __ __ _ _ __ _ _ __
Operator/Manager's Name: f3o·qa ~,
G>amJJ{l./24 t: Lqwcea c. e Ze/sf'r'
Business Add1ress: /&O/ /3eqch
Reason for Review:
New License D Transfer of ~wnership 1sJ Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ _ _ _ _ __ _ __ _ __ _ _ __ __ _ __
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: - - - -
Treasurer • Approved D Owing 0 Amount:.
□ D 0
Zoning Approved Denied Pending ZBA
olf-1J)~
□ Owing □
Clerk's Approved Amount:
~ I
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature____.~.....--__ -.........·_.;;..___-__- _ _-----..
_ _..:;:_ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORL'1
. . .,s""'-e..........,.:S-._.J-.!,...__~
Business Name: _.....:;/3:.o:....=/_'--'-/f}...L,....;;:,C...___,,[""IJ.........,;...f.....e. . f'.,..'/J..,__f'_,_1.....:::, _____c_.__
r 7
.AK.A Business Name (if appiicalble): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: f3u·qa
Business Add:ress: ;c;o; /3eqch
Reason for Review:
New License D Transfer of ~wnership ~ Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ _ _ _ __ _ __ _ __ _ _ _ _ _ __ _ __
Deadline for :receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ D
Owing Amount:
Zoning • Approved .t;zf-Benied D Pending ZBA □
Clerk's Approved D Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORJ.vl
Bnsiness 7'fam e: _ _.{5""'-l:/_:a......:...f(}....L-;:;c
____l'-'-n.1-f'---"'<.e..,__,I'/J""".,_C_,_1....:::.-.S....e__,.,.
:.S._,___,;..2......__,_n
--'--c.-'-.- -
' /
AKA Business Name (if applicable): _ __ _ _ _ _ __ _ _ __
Operator/Manager's Name: !3o'qn ~am71 a~/JC, t- Lqwccace Ze/st'r'
Business Add:ress: /&O/ /3eqch
Reason for Review:
New License D Transfer of ~wnership ls( D Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stock.holder Name D· New Entert~inment Permit D
Other _ _ _ _ _ _ __ _ _ _ _ __ _ _ __ _ _ _ _ __
Deadline for receipt of all information: _____ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
□ Denied D Pending ZBA □
Zoning
Clerk's •
Approved
.30 .()0
/,>;-'
~~
Approved
□ Owing@ Amount:
Fire/Inspection Compliance 0 Remaining Defects
Services
Department Signature_ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __
Gail A. Kundinger, City Clerk
. Liquor License Coordinator
LIQUOR LICENSE REVIEW FOR1'1
AKA Business Name (if applicable): _ _ _ _ _ _ __ _ _ _ __
Operato!"/Manager's Name: f3o·qa
Business Address: /&O/ /3eqch
Reason for Review:
New License D Transfer of ~wnership d Dance Permit D
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ _ _ __ __ _ _ _ __ _ _ __ _ _ _ _ __
Deadline for receipt of all information: _ _ _ __ _ _ _ __
Police Department Approved D Denied D No Action Needed 0
Income Tax Approved □ Owing _O Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
□ Owing □
Clerk's Approved Amount:
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORl'1
Business ~ame: _....,:./3:,,,:....=/_:........;_l(}...L.-,.;:,c..______,,l""'-'n'--'--'-f......e. . .f'..,.,,.l}..._C...,_J....:::. .,s""'-e""""--""~C....---_j_.-'-......;.n....;....._c_.- -
/ /
AK.A. Business Name (if applicable): _ __ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: fio•qa {i;'am,/J[f./JCt
I
t: !qwceace 2 e/sfr'
Business Add1ress: /t;O/ /je,qch
Reason for Review:
New License D Transfer of ~wnership J8( D Dance Permit
Drop/Add Name on License D Transfer Location D
Drop/Add Stockholder Name D· New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _ _ _ _ _ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved □ Owing _O Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □
□
Clerk's Approved OwingO Amount:
Fire/Inspection Compliance D emaining Defee s hk--- :Z:..,,11:7~~ v,,.,_)
Services Lo/1-/ /;0~~t1v~/
CaM ,6c_ t){~=~. Cu~~cr-·
,< .7 a--L, h ed- --rz'-1 e,e;)406-3000
11
FOR ~ ffl"\ ...
if 11•00 lr00Cj11• ,:o 7 21, lr 38 2ci,: lr000 I, t>8 b J,11•
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellneclty,<:om
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (23 I )724-4405
Clerk May 20, 2004
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(23 I )724-6717 Ms. Bonnie Witt, President
FAX (231)726-2501
Beachwood/Bluffton Neighborhood Association
Engineering
(231 )724-6707
2261 Surfwood
FAX (231)727-6904 Muskegon,MI 49441
Finance
(231 )724-6713 Dear Ms. Witt:
FAX (231)724-6768
Fire Department We have received a letter from the Liquor Control Commission reference a
(231 )724-6792
FAX (231)724-6985 request from BLMC Enterprises, Inc., to transfer ownership of the Class C-SDM
Income Tax license, with Dance Entertainment Permit, Official Permit (food), Outdoor
(231 )724-6770 Service, 2 Bars, and add a drive-up window from Beach Street Inn, Inc., 1601
FAX (231)724-6768
Beach Street. A Class C license permits the sale of beer, wine, or liquor for
Info. Technology consumption on the licensed premises. A SDM license permits the sale of beer
(231)724-4126
FAX (231)722-4301 and wine for consumption off the premises. On Tuesday, May 25, 2004, the City
Inspection Services
Commission will review this request and determine whether or not it should be
(23 I )724-6715 recommended for approval.
FAX (231)728-4371
Leisure Services You are being sent this notice because the City Commission would like to know
(231)724-6704
FAX (231)724-1196 how the Neighborhood Association feels and would appreciate any comments that
Mayor's Office
they may have. You may send these comments to 933 Terrace, Muskegon, Ml
(231)724-6701 49440 or attend the City Commission Meeting on May 25, 2004, at 5:30 p.m. in
FAX (231)722-1214
the Commission Chambers.
Planning/Zoning
(231)724-6702
FAX (231)724-6790 If you have any questions, please feel free to contact me at 724-6705.
Police Department
(23 I )724-6750 Sincerely,
FAX (231)722-5140
Public Works
(23 I )724-4 I 00
FAX (231)722-4188
Linda Potter
Treasurer
(231)724-6720 Deputy Clerk
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affinnative Action
(23 I )724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231 )724-6783
FAX (231)726-5617
City Manager
West Michigan's Shoreline Cicy
www.shorellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231 )724-4405
Clerk May 20, 2004
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Mr. Brian Giampapa
916 Michigan Street, NE
Engineering
(231 )724-6707 Grand Rapids, Mi 49503
FAX (231)727-6904
Finance Dear Mr. Giampapa:
(231 )724-6713
FAX (231 )724-6768
This letter is to inform you that your request to transfer the Class C-SDM License,
Fire Department
(231 )724-6792 with Dance Entertainment Permit, Official Permit, Outdoor Service, 2 Bars, and
FAX (231)724-6985 add Drive-up Window from Beach Street Inn, Inc., will be presented to the City
Income Tax Commission on May 25, 2004. This meeting begins at 5:30 p.m. and is located in
(231)724-6770 the City Commission Chambers, 933 Terrace, Muskegon, MI.
FAX (231)724-6768
Info. Technology
(231 )724-4126
This request has also been sent to the Beachwood/Bluffton Neighborhood
FAX (231)722-4301 Association for their comments. It is Commission practice to let the
Inspection Services Neighborhood Association know of any liquor license requests that are located
(231)724-6715 within their boundaries. This allows for comments from the people who live there
FAX (231)728-4371
and not just from the owners of the business' who are located there.
Leisure Services
(231 )724-6704
FAX (23 I )724-1196 Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning Linda Potter
(231 )724-6702
FAX (231 )724-6790 Deputy Clerk
Police Department
(231)724-6750
FAX (231)722-5140
Public Works
(231 )724-4100
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231 )724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline Cit.Y
City Manager www.shorellnecity,Qom
(231)724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231)724-4405
May 20, 2004
Clerk
(231 )724-6705
FAX (231)724-4178
Comm. & Neigh.
Services Mr. Lawrence J. Zeiser, Jr.
(231)724-6717
FAX (23I)726-2501 9 I 6 Michigan Street, NE
Engineering Grand Rapids, Mi 49503
(231 )724-6707
FAX (231)727-6904
Dear Mr. Zeiser:
Finance
(231 )724-6713
FAX (231)724-6768 This letter is to inform you that your request to transfer the Class C-SDM License,
with Dance Entertainment Permit, Official Permit, Outdoor Service, 2 Bars, and
Fire Department
(231 )724-6792 add Drive-up Window from Beach Street Inn, Inc., will be presented to the City
FAX (231 )724-6985
Commission on May 25, 2004. This meeting begins at 5:30 p.m. and is located in
Income Tax the City Commission Chambers, 933 Terrace, Muskegon, MI.
(231 )724-6770
FAX (231 )724-6768
This request has also been sent to the Beachwood/Bluffton Neighborhood
Info. Technology
(231 )724-4126 Association for their comments. It is Commission practice to let the
FAX (231)722-4301 Neighborhood Association know of any liquor license requests that are located
Inspection Services within their boundaries. This allows for comments from the people who Jive there
(231)724-6715
FAX (231)728-4371
and not just from the owners of the business' who are located there.
Leisure Services
(231)724-6704 Sincerely,
FAX (231)724-1196
Mayor's Office
(231)724-6701
FAX (231)722-1214
Linda Potter
Planning/Zoning
(231 )724-6702 Deputy Clerk
FAX (231)724-6790
Police Department
(231)724-6750
FAX (231 )722-5140
Public Works
(231 )724-4100
FAX (231 )722-4188
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(23 1)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
http://www.shorelinecity.com
DATE: May 25, 2004
TO: City Commission
RE: Liquor License Transfer Request
1601 Beach Street
Bonnie Witt, President, Beachwood/Bluffton Neighborhood Association
called with comments reference the liquor license transfer. The Board
Members who responded were in favor of keeping the Class C but against
the SDM. They want to support the local stores.
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor
(231 )724-6708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
City Manager
West Michigan's Shoreline City
www.shorellneclty.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231 )724-6716
FAX (231)724-4405
Clerk
(23 I )724-6705
FAX (231)724-4178
May 26, 2004
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501
Engineering Liquor Control Commission
(231 )724-6707
FAX (231)727-6904
7150 Harris
PO Box30005
Finance
(231 )724-6713 Lansing, MI 48909-7505
FAX (231)724-6768
Fire Department REF: #299930
(231 )724-6792 BLMC Enterprises, Inc.
FAX (23 I )724-6985
1601 Beach Street
Income Tax
(231)724-6770
Muskegon,MI 49441
FAX (231)724-6768
Info. Technology To Whom It May Concern:
(231)724-4126
FAX (23 I )722-430 I
Enclosed is the Resolution, Local Law Enforcement agency Report, form LC-
Inspection Services 1112, and form LC-1800 for BLMC Enterprises, Inc., that was recommended for
(231)724-6715
FAX (231)728-4371 approval at the May 25, 2004, City Commission Meeting.
Leisure Services
(231 )724-6704 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX (231)724-1196
Mayor's Office Sincerely,
(231)724-6701
FAX (231)722-1214
Planning/Zoning
(23 I )724-6702
~Uti
FAX (231 )724-6790
Linda Potter
Police Department Deputy Clerk
(231)724-6750
FAX (231 )722-5140
Public Works
Enc.
(231)724-4100
FAX (231 )722-4188
Treasurer
(231 )724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231 )724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
http://www.shorelinecity.com
Req ID # 239930
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
2004-52(f)
At a __R_e-g'-ucclc-a-=-r_,,....,.,,------- meeting of the ___c_1_·_t...,y_,.-,c,,,o"'m""m---.--i.,,s,..s_17.·o~n~~-----
(Reguiar or Special) (Township Board, City or Village Council)
called to order by ---'-M~a~y'-o~r=-W=a'-=r-"m'-'i:..:nccga..t.:..o.:..:..:n_ on ___M_a~y_2_5_,_2_0_0_4__ at __5_:_3_0_ _ P.M.
The following resolution was offered:
Moved by Commissioner Spataro and supported by Commissioner Gawron
Thattherequestfrom BLMC Enterprises, Inc. to transfer ownership of 2003
Class C-SDM Licensed Business (in escrow) with dance-entertainment permit
official permit (food), outdoor service (2 areas), and 2 bars, and sale
of food through walk-up service window
be considered for Approval pending final inspection
-----------,(cc-Ap-pm-,~,,-,,~D,..i,ap_p_m,~ru,--)- - - - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
------------ ------------
Nays: ----~o______ Nays:
------------
Absent: o Absent:
-----'----------- -----------
It is the consensus of this legislative body that the application be:
___________R_e_c---;oa-:m=m=e,,nc;-d::ce"'d===cc----------------- for issuance
(Recommended or not Recommtnded)
State of Michigan - - - - -)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City Commission ata Regular
---,(Ta:c,w::::,::;:,h,::-ip"'s,=",,-·"'c;"",,=,,"v;;;;c11,"',,"c,c-,,cc,,cc,,---- -----~(R,..,,~,,-,c-,,~,,-ec~,.,..,- - - - - -
meetingheldonMay 25, 2004
(Da1e)
SEAL (Signed) 11,'-L;_l, i\.,\AckN,; AJ
Ga1, l A • Kun d.1nger,(Tow""''•·€~·''V.ill'f,a
ci y c e '"1<
933 Terrace, Muskegon, MI 49440
(Mailing address of Township, City of Village)
DATE: May 18, 2004
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-040031 Address:
516 Allen - Garage Only.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
516 Allen Ave - Garage Only is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN-040031- 516 Allen Ave - Garage
Location and ownership: This structure is located on Allen between Williams
and Scott Street. It is owned by the Amanda Williams.
Staff Correspondence: A dangerous building inspection was conducted on
2/6/04. A notice and order to repair was issued 2/9/04. On 4/1/04 the HBA
declared the house substandard.
Owner Contact: There has been no contact from the owner.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,200 (House and garage)
Estimated cost to repair: $3,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 25, 2004.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK IA\AGENDA •516 Allen •G.doc page I of I
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
516 Allen - Garage
2/6/04
Inspection noted:
I. Structural integrity is in question. Building inspection is required for foundation
and signs of potential collapse.
2. All work requires construction permits. These permits must be obtained prior to
work beginning.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
ROBERT GRABINSKI, DIRECTOR OF INSPECTIONS DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\516 Allen -G-Ext .doc
--
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AGREEMENT
THIS AGREEMENT, made this July 13, 2004 by and between:
Hitsman Enterprises.
(a corporation organized and existing under the law of the State of Michigan);
,\ (partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as
~ \s#CII\ Ct'.-_~ ()'l,V_._..,, ); hereinafter called the "Contractor," and the City of
Muskegon, Michigan, hereinafter called the "City".
WITNESSTH, that the Contractor and the City, for the consideration stated
herein, mutually agree as follows:
ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, and services,
including utility and transportation services, and perform and complete all work
required for the demolition and clearance of 516 Allen - Garage as well as
required supplemental work for the completion of this project, all in strict
accordance with the Contract, including all Addenda.
ARTICLE 2. Contract Price. The City will pay the Contractor for the performance
of this Contract and the completion of the work covered therein an amount not to
exceed $1350
ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be
limited to, the following:
Invitation for Bids
Instructions to Bidders
Bid Proposal
Agreement
General Specifications for Project Performance
Equal Opportunity and Employment Specifications
Demolition and Site Clearance Specifications
This Agreement, together with other documents listed in Article 3, which said
other documents are as fully a part of the Contract as if attached hereto or
repeated herein, form the contract between the parties hereto.
In the event any provision in any component part of this Contract conflicts with
any provision of any other component part, the Contractor shall contact the City
immediately in writing for a determination, interpretation, and/or classification of
conflicting parts and priority of same. Said determination from the City shall be in
writing and shall become an Addendum to this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed on the day and year first written above.
ATTEST: CONTRACTOR:
/'I ~2ier - ?1==es
Printed name and title
ATTEST: CITY OF MUSK
~~
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, \,:::. ""'- rn. ,
1
-So..,& r' , certify that I am the ---'C-.L>,,,l;u)_1;.i,_,,loc..:c.___ _ __
of the Corporation named as contractor herein;
, who signed this Agreement on behalf of the
Contractor, was then_~9-re~~-:;...,__ _ _ _ _ of said Corporation:
That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers.
(CORPORATE SEAL)
DATE: May 18, 2004
TO: Honorable Mayor and Commissioners
FROM: Robert B. Grabinski, Deputy Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: EN-030155 Address:
782 W. Southern.
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
782 W. Southern is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-030155 - 782 W. Southern
Location and ownership: This structure is located on Southern between Henry
and Beidler and is owned by Sharee Hutchins.
Staff Correspondence: A dangerous building inspection was conducted on
9/18/03 and an interior inspection was conducted on 10/2/03. A notice and
order to repair was issued 10/17/03. On 12/4/03 the HBA declared the house
substandard, but the Director of Inspections stated the case would not proceed to
City Commission until the 2nd meeting in February to allow her time to get permits
pulled. Ms. Hutchins stated she was trying to get rental rehab funding through
CNS and she had to finish the project she was getting rehab for at the time
before she could apply for another project. She was told at the time that the
value on the required repairs was in the $50,000 range and she must proceed
before the February meeting due to the length of time the house had been
vacant. Her contractor stated he could pull the building permit by the end of
January. She was told if permits were pulled and work commenced the case
would not proceed. Building, electrical and mechanical permits were pulled by
2/11 /04. The mechanical contractor cancelled his permit 3/2/04 due to a problem
with the owner. As of 5/5/04 CNS had not received bid proposals from Ms.
Hutchins and no commitment had been signed. A plumbing permit was not
pulled.
Owner Contact: A board up notice was issued to Sharee Hutchins 2/11/02
and on 2/18/02 she notified the Inspection office that she was working on
clearing the title and couldn't do anything until after that. On 5/5/03 she was
notified that the house was open again and she stated she had clear title and
would pull permits to repair as soon as she had the paperwork. She let
Inspections know she was still trying to get funding through CNS, but permits
were pulled at the last minute and she had problems getting a person to repair
the foundation. Her permits expired 5/15/04 and she asked for an extension,
which was denied. She was notified of the case proceeding to City Commission
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\AGENDA -782 W Southern.doc page 1 of 2
and asked again for an extension. She was told on 5/15/04 she had ten (10)
days to complete the repairs.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $15,000
Estimated cost to repair: $50,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, May 25, 2004.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\AGENDA -782 W Southern.doc page 2 of 2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
782 W. Southern
9/18/03
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Home has been boarded over 180 days.
3. Roof covering on home is failing - repair/replace. Address fascia and soffit
deterioration. (Flashing)
4. Roofing installed on home is installed incorrectly.
5. Exposed OSB siding is rotting on home and not designed for exterior use.
6. Bad porch overhang is unstable. Must be built to MRC 2000 code for spans,
columns, and structural integrity.
7. All construction work requires permits. Permits must be pulled before work
begins.
Please contact Inspection Services with any questions: 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
Henry Faltinowski, Building Inspector DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK IA \782 SouthemExt .doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
782 W. Southern
(INTERIOR INSPECTION)
10/2/03
Inspection noted:
I. Smoke alarms to meet 2000 MRC.
2. Service to meet 2000 MRC.
3. All electric to be replaced to meet 2000 MRC.
4. All electrical, plumbing, mechanical work to be done by licensed contractors with
permits.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\782 Southern-
interior.doc
7~2
----
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 05/25/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 25, 2004
RE: Restrictive Covenant for MichCon RAP
SUMMARY OF REQUEST:
To approve a restrictive covenant regarding the MichCon RAP on a property owned by the West
Michigan Dock & Market Company and the City has an easement on.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached documents and authorize the Mayor to execute same.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (MICHCON-RESTRICTIVE COV)
John M. Brig{lS, Ill
Michael L. Rolf
PARMENTER O'TOOLE
Attorneys at law
r,-
(F',·-
\
Scott R. Sawick
George W. Johnson 175 West Apple Avenue • P.O. Box 786 ■ Muskegon, Michigan 49443-0786 SCOH M. Knowlton
W. Brad Groom Jeffery A. Jacobson
Eric R. Gielow Phone 231.722.1621 ■ Fax 231.722.7866 or 231.728.2206 OaYm M. Goodwin
John C. Schrier www.Parmenterlaw.com Thad N. McCollum
Christopher L Kelly
Uncle S. Kaare 0/Counsi/
James R. Schauer!e Thomas J. O'Toola
PhllipM. Stoffan EricJ. Faun
William J. Maier Michael M. Knowlton
Keith L. McEvoy George A. Parman1ar. 1903.1993
Anna Urick Duggins
June 10, 2004
Mr. Thomas Wilczak
Pe~per Hamilton LLP
36 Floor
100 Renaissance Center
Detroit, MI 48243-1157
Re: Michigan Consolidated Gas Co. v. West Michigan Dock & Market Co.
Fully Executed Restrictive Covenant and Settlement Agreement Exhibits
Dear Mr. Wilzcak:
With regard to the above referenced matter, enclosed is the original Restrictive Covenant for the
West Michigan Dock & Market Company property (including exhibits), as fully executed by the
City of Muskegon.
Please do not hesitate to contact me if you have any questions.
Very truly yours,
Eric R. Gielow
231. 722.5427
231. 728.2206 Fax
erg@parmenterlaw.com
ERG/eah
Enc.
bee: Bryon Mazade
City Mgr. Muskegon RECEIVED
JUN 1 4 2004
MUSKEGON
CITY MANAGER'S OFFICE
G:\EDSI\FILES\00 I001094908\LTR \BL687). DOC
Pepper Hamilton LLP Attorneys at Law
36th Floor
100 Renaissance Center
Detroit, Ml 48243-1157
313.259.7110
313.393.7404
Fax 313.259.7926 fracasst@pepperlaw.com
June 4, 2004
FEDERAL EXPRESS
Eric R. Gielow, Esq.
Parmenter O'Toole
175 W. Apple Avenue
Muskegon,Michigan 49443-0786
Re: Michigan Consolidated Gas Co. v. West M.ichigan Dock& Market Co.
Restrictive Covenant and Settlement Agreement Exhibits
Dear Eric:
As you requested, please find enclosed the Restrictive Covenant for the West
Michigan Dock & Market Company ("WMD") propetiy, including all exhibits, except the
Settlement Access Agreement between WMD and Michigan Consolidated Gas Company
("Agreement"), which has not yet been executed. I have included for your information,
however, the exhibits to the Agreement. Please fax and mail to me an original signed copy of
Exhibit 5 of the Restrictive Covenant as soon as possible.
Thank you for your assistance. If you have any questions, please give me a call.
Enclosures
c: Scott Gorland (w/out enclosures)
Tom Wilczak (w/out enclosures)
DT: #271329 vi (5TCX0J!.DOC) 105125-5
Philadelphia Washington, D.C. Detroit New York Pinsburgh
Berwyn Harri5burg Princeton Wilmington
www.peppcrlaw.com
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DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenant ("Restrictive Covenant") has been recorded with the
Muskegon County Register of Deeds for the purpose of protecting public health, safety, and
welfare, and the environment by prohibiting or restricting activities that could result in
unacceptable exposure to environmental contamination present at the property located at 560
Mart Street, Muskegon, Michigan, Property Tax ID Number 61-31-19-300-005, and legally
described in Exhibit I attached hereto ("Property''). Exhibit 2 includes a survey of the Property.
The Property is part of the larger MichCon/Lakey Foundry Facility Site.("Facility"),
Site# 410027, for which Michigan Consolidated Gas Company ("MichCon") has received notice
of approval from the Michigan Department of Environmental Quality ("MDEQ") dated June I,
1995, for a Remedial Action Plan that includes land use-based cleanup criteria as defined and set
forth in Section 20120a(2) of Part 201 of the Natural Resources and Environmental Protection
Act ("NREPA"), 1994 PA 451, as amended, MCL 324.20101 et seq, for the environmental
remediation associated with the Facility.
The MDEQ has directed MichCon to amend the 1995 RAP and perform environmental response
activities on the Property to address groundwater venting from the Facility to Muskegon Lake
above applicable Part 201 criteria (the 1995 Remedial Action Plan and any subsequent
amendments, modifications or revisions approved by the MDEQ needed to memorialize or
implement the Remedy are collectively hereinafter referred to as "RAP"). Accordingly,
Mich Con will conduct a Remedy, as defined herein, at the Property as an interim response
designed to meet criteria (lRDC). The Remedy to be implemented to address environmental
contamination will be described in an lRDC plan or RAP that will be submitted by MichCon to
MDEQ for its approval. The MDEQ has approved MichCon's conceptual lRDC plan.
The Access Settlement Agreement, dated _ _ _ _ _ _ _ _, 2004, between MichCon and
West Michigan Dock and Market Corp. ("Agreement"), see Exhibit 3, required the recording of
this Restrictive Covenant with the Muskegon County Register of Deeds, which: I) restricts
unacceptable exposures to hazardous substances located on the Property; 2) assures that the use
of Property is consistent with the exposure assumptions utilized in the development of cleanup
criteria pursuant to Section 20120a(2) of the NREPA; and 3) prevents damage or disturbance of
any element of the Remedy constructed on the Property. The restrictions contained in this
Restrictive Covenant are based upon information available at the time it was filed. Failure of the
Remedy to achieve and maintain the criteria pursuant to Section 20120a(2) of the NREPA; future
changes in the environmental condition of the Property or changes in the cleanup criteria
developed under Section 20120a(2) of the NREPA; the discovery of environmental conditions at
the Property that were not accounted for at the time this Restrictive Covenant was filed; or use of
the Property in a manner inconsistent with the restrictions described herein, rn.ay result in this
Restrictive Covenant not being protective of public health, safety, and welfare, and the
environment.
As part of approving the Remedy or RAP, the MDEQ may require that this Restrictive Covenant
be amended. In such case, Owner agrees to record an amended restrictive covenant if necessary
to accommodate the Remedy or RAP within 21 days after MDEQ approval of such amended
restrictive covenant.
Exhibit 2 provides a survey of the Property that is subject to the land use or resource use
restrictions specified herein. ·
Summary of Response Activities
MichCon will construct, install, maintain, operate, implement and monitor a Remedy, as defined
herein, at the Property to address groundwater venting from the Facility to Muskegon Lake above
applicable Part 201 criteria. · ·
Areas of the Property described in Exhibit 1 may contain hazardous substances in excess of the
concentrations developed as the unrestricted residential criteria under Section 20120a(l)(a) cir
( 17) of the NREP A that have not been addressed through the response activities undertaken at the
Property at the time this Restrictive Covenant was filed. It is recommended that prospective
purchasers or users of the Property undertake appropriate due diligence prior to acquiring or
using this Property, and undertake appropriate actions to comply with the requirements of
Section 20107a of the NREPA.
Definitions
"MDEQ" means the Michigan Department of Environmental Quality, its successor entities, and
those persons or entities acting on its behalf.
"Owner" means at any given time the then current title holder of the Property or any portion
thereof.
"Remedy" means construction, installation, maintenance, operation, implementation and
monitoring of, and any investigation associated with: (a) a biosparge groundwater remediation
system; (b) a funnel and gate remediation system as described in Exhibit B of the Agreement;
and (c) any source removal during the construction or installation of a remedial system described
in items (a) and (b); and (d) any other response activity required to be addressed under the RAP.
"Remedy" does not include any response activity on the Property caused by a new development
byan Owner.
2
All other terms used in this document which are defined in Part 3, Definitions, of the NREPA;
Part 201 of the NREPA; or the Part 201 Administrative Rules ("Part 201 Rules"),
1990 AACS R 299.5101 et seq., shall have the same meaning in this document as in Parts 3 and
201 of the NREPA and the Part 201 Rules, as of the date of filing of this Restrictive Covenant.
NOW THEREFORE,
Declaration of Land Use or Resource Use Restrictions
Pursuant to Section 20120b(4) ofNREPA and the Access Settlement Agreement, dated_,
2004, between MichCon and West Michigan Dock and Market Corp. ("Agreement"), see Exhibit 3,
West Michigan Dock and Market Corp. (WMD), 560 Mart, Muskegon, MI 49440, hereby declares
and covenants that the Property shall be subject to the following restrictions and conditions:
1. The Owner acknowledges that areas contained within the boundary of the Property are
known to contain hazardous substances in excess of the concentrations which satisfy the
requirements of Section 20120a(l)(a) or (17) and have not been remediated as of the date of filing
of this Restrictive Covenant.
2. The Owner shall prohibit all uses of the Property that are not compatible with the site-
specific criteria based land use category as defined in Section 20120a(2) of Part 201 ofNREPA,
as amended in June 1995, or other use that is not consistent with the assumptions and basis for the
cleanup criteria established pursuant to Section 20120a(2). Cleanup criteria for land use-based
remedial action plans are located in the Government Documents section of the State of Michigan
Library.
3. (A) Unless otherwise first approved by MDEQ, the Owner shall prohibit the following
activities on the Property:
i. any use of the Property that is not consistent with the assumptions and basis of the
cleanup criteria established pursuant to Section 20120a;
ii. any use not consistent with other criteria subsequently established pursuant to
Section 20120a(l) or 20120a(2);
111. any use determined to be unacceptable according to paragraphs 3(B) and 3(C) of this
Restrictive Covenant;
iv. any use of groundwater located under the Property and any construction of wells or
other devices to extract groundwater for consumption, irrigation, dewatering, or any other use,
except for wells and devices that are part of a response activity or any dewatering by an easement
holder that is necessary to maintain or repair a utility located within a utility easement or utility
corridor on the Property, so long as such easement holder complies with Part 201 ofNREPA and
the Part 201 Rules, and develops an appropriate health and safety plan for persons involved in
such activities; and
v. any construction of structures below the elevation of the surface soils that are
capable of being occupied.
3
(B) With respect to future use(s) of the Property, the Owner shall conduct an appropriate
evaluation of the potential risks from exposure to contaminants present in the subsurface soils and
groundwater, in order to assure that unacceptable exposure to contaminants does not occur. The
evaluation shall be consistent with Section 20120a of Part 201 ofNREPA. Appropriate control
measures that are identified to be necessary to prevent unacceptable exposure shall be incorporated
into the construction plans and implemented. In addition, the Owner shall timely conduct and file a
baseline environmental assessment to the extent permitted by MCL 324.20126(1 )(c) and the
Administrative Rules for Part 201, or any amendments thereto, and by its federal counterpart, if
any.
(C) Notwithstanding the provisions of paragraph 3(A), construction in and occupancy of
areas that are above the elevations of the surface soils are allowed. Structures on the Property are
allowed without a risk evaluation, so long as the areas capable of being occupied (including but not
limited to basements, etc.) are entirely above the elevations of the surface soils. Structures below
the elevation of the surface soils that are capable of being occupied are prohibited. Construction of
foundations, utilities, and related structural components ofbuildings on the property and subsequent
maintenance thereof, may penetrate the surface soils into areas of existing contaminated soil
without such risk evaluation, so long as such activity does not interfere with implementation of the
Remedy and Agreement, and so long as any sump or utility manhole used in connection with any
such structural component is located outside of any building structure. Owner, however, shall not
continue excavation in any area where Dense Non-Aqueous Phase Liquids ("DNAPL'') is detected
on the Property, without first obtaining MDEQ approval. The elevations to be used as reference
points for any construction to be completed in compliance with this section are those shown in
Exhibit 4. A health and safety plan shall be developed for persons involved in subsurface
construction and maintenance activities to assure protection of workers pursuant to all applicable
worker safety laws.
(D) The Owner shall provide written notice to the MDEQ, Remediation and
Redevelopment Division, and provide an opportunity to review and approve any construction plans
that would involve relocation of the existing shoreline of Muskegon Lake or may otherwise impact
or interfere with the Remedy at the Property. The written notice shall be provided at least 90 days
prior to any construction activity.
(E) The Owner shall comply with its due care obligations pursuant to Section 20107a of
NREPA.
4. Interference with Remedial Actions. The Owner shall prohibit activities on the
Property that may interfere with any element of the Remedy or is otheiwise contrary to the
Agreement including the performance of operation and maintenance activities, monitoring, or
other measures necessary to assure the effectiveness and integrity of the Remedy.
5. Permanent Markers. The Owner shall install and maintain a permanent marker at the
Property, that has received approval by the MDEQ, which describes the restricted area and the
nature of the prohibitions specified herein and include the liber and page numbers of this Restricted
4
Covenant as recorded with the Muskegon County Register of Deeds. The Owner shaUnotify any
person that engages in activities that may breach the surface soils that hazardous substances exist
beneath the site and shall provide, upon request by such person, all information regarding the nature
and extent of those hazardous substances. The Owner shall not remove, cover, obscure, or
otherwise alter or interfere with the permanent marker placed at the Property. The Owner shall
keep vegetation and other materials clear of the permanent markers to assure that the marker are
readily visible.
6. Contaminated Soil Management. The Owner shall manage all soils, media and/or
debris located on the Property in accordance with the applicable requirements of Section 20120c
of the NREPA; Part 111, Hazardous Waste Management, of the NREPA; Subtitle C of the
Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the administrative
rules promulgated thereunder; and all other relevant state and federal laws.
7. Access. The Owner shall grant to Mich Con access to the Property as provided in the
Agreement, and to the MDEQ and its designated representatives the right to enter the Property at
reasonable times for the purpose of determining and monitoring the condition of the
groundwater, including the right to take samples, inspect the operation of the Remedy and,
. inspect any records relating thereto, and to perform any actions necessary to maintain compliance
. with Part 201.
8. Notice. The Owner shall provide notice to the MDEQ of the Owner's intent to
transfer any interest in the Property at least fourteen (14) business days prior to consummating
the conveyance. A conveyance of title, easement, or other interest in the Property shall not be
consummated by the Owner without adequate and complete provision for compliance with the
terms and conditions of this Restrictive Covenant and the applicable provisions of Section 20116
of the NREPA. The notice required to be made to the MDEQ under this Paragraph shall be made
to: Director, MDEQ, P.O. Box 30473, Lansing, Michigan 48909-7973; and shall include a
statement that the notice is being made pursuant to the requirements of this Restrictive Covenant.
A copy of this Restrictive Covenant, including its exhibits, shall be provided to MDEQ when
providing such notice and to all future owners, heirs, successors, lessees, easement holders,
assigns, and transferees by the person transferring the interest.
9. Term and Enforcement of Restrictive Covenant. This Restrictive Covenant shall run
with the Property and shall be binding on the Owner; future owners; and all current and future
successors, lessees, easement holders, their assigns, and their authorized agents, employees, or
persons acting under their direction and control. This Restrictive Covenant may only be
modified or rescinded with the written approval ofMDEQ and MichCon.
The State of Michigan, through the MDEQ, and MichCon may enforce the restrictions set
forth in this Restrictive Covenant by legal action in a court of competent jurisdiction.
10. Severability. If any provision of this Restrictive Covenant is held to be invalid by
any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of
5
any other provisions hereof, and all such other provisions shall continue unimpaired and in full
force and effect.
11 Authority to Execute Restrictive Covenant. The undersigned person executing this
Restrictive Covenant is the Owner, or has the express written permission of the Owner and the
City of Muskegon as a holder of a legal interest whose interest may be affected by this
Restrictive Covenant (as documented and attached hereto as Exhibit 5), and represents and
certifies that he or she is duly authorized and has been empowered to execute and deliver this
Restrictive Covenant.
IN WITNESS WHEREOF, West Michigan Dock & Market Company has caused this
Restrictive Covenant to be executed on this_ _ _d.ay of_ _ _ _ _ _, 2004.
West Michigan Dock & Market Company
By:
Signature
Name:
-----------
Print or Type Name
Its: _ _ _ _ _ _ _ _ _ _ _ __
Title
STATE OF MICHIGAN
COUNTY OF WAYNE
The foregoing instrument was acknowledged before me this _ _ _ _ _ _ by _ _ _ _ __
of West Michigan Dock & Market Company, a Michigan Corporation, on behalf of the
corporation.
Notary Public
Name [Print or type]
Commissioned in _ _ _ _ _ _ _ _ County, _ _
My Commission Expires:
6
EXHIBITl
LEGAL DESCRIPTION OF PROPERTY
7
Ralph W. VanRiper, PS
Professional Surveyor No. 16946
3043 Griesbach Street <> Muskegon, MI 49441
Ph (231) 755-186P <> E-Mail·- RWVRPS1694p@AOL.COM
May 11, 2004 Project No. 2-4-4
+++++++++++++++++++++++++++++++++++.++++++++++++++++++++++++++++++++++++++++++
DESCRIPTION FOR WEST MICIDGAN DOCK PROPERTY
That part of Lot 9, Block 563 of the Revised Plat of 1903, City of Muskegon, Muskegon County,
Michigan, lying Southeasterly of Muskegon Lake and Northwesterly of Shoreline Drive, more
particularly described as follows: Commencing at the South most corner of said Block 563;
thence North 41°27'00" West (recorded as North 42°18' West) along the Easterly line of Third
Street 461.33 Feet to the Southeasterly line of said Lot 9; thence South 33°48'00" West
(recorded as South 32°57' West) along said line 68.24 Feet.to the Southwesterly line of said Lot
9; thence North 41 °26'00" West (recorded as North 42°18' West) along said Southwesterly line
48.34 feet to the Northwesterly line· of Shoreline Drive for POJNT OF BEGINNING; thence
continue North 41 °26'00 Wes( along said Southwesterly line 476.22 Feet; thence North
37°41 '07'' West on a traverse line along the shore of Muskegon Lake 631.64 Feet; thence North
31 °11 '38" East 322.44 Feet to the Northeasterly line of said Lot 9; thence South 42°38'26" East
along said line 149.50 Feet; thence South 51°55'16" East 872.48 Feet to th_e Northwesterly line
of said Shoreline Drive; thence South 27°38' 19" West along said Northwesterly line 547 .10 Feet
to Point of Beginning. Subject to "An easement and right of way for public highway and park
purposes" as described in a "DECLARATION OF TAKING" by the CitY- o£ Musk1ygon,
Recorded in Liber 1807, Page 290, described as follows: Recommence at the above desctibed
POJNT OF BEGINNING; thence North 41°26'00" West (recorded as North.42°18" West)
359.74 Feet; North 27°38'19'' East 480.49 Feet (recorded as North 26°49' East 481.48 Feet) to
the Northeasterly line of said Lot 9; thence South 51 °55 '16" East along said Northeasterly line
341.66 Feet to the Northwesterly line of said Shoreline Drive; thence South 27°38'19" West
along said Northwesterly line 547.10 Feet to Point of Beginning. ·
EXHIBIT2
SURVEY OF THE PROPERTY
8
Map of West Michigan Dock Property
.\
That Part of Lot 9, Block 563 of the Revised Plat of 1903 oftbe City of Muskegon,
Muskegon County, Miclfigan, Lying"'i-forthwesterly of Shoreline Drive
Description & Drawing Based on Moore & Bruggink, Project No. 946032, 9/11/94
l 49.50'
MUSKEGON//
LAKE I
I
,,,,--
S 51°55'16"E 872.48'.
I
N 37°41 '07'' W 631.64'
N 41 °26'00" W
476.22' - - - -
. s 27°38'.19" w
547.10'
Declaration of Taking, Easement & R/W
Liber 1807, Page 290 N 41"26'00"W 48.34'
S 33°48'00" W 68.24'
~ . ~ " W 461.33'
CSx RR \."-
,~~
THIRD
STREET
Scale l" = 200'
EXHIBIT3
ACCESS SETTLEMENT AGREEMENT
9
EXHIBIT4
PROPERTY MAP
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5',rwp Not.a:
- 11..-1.,..,..,... \oj,'9',.t,I""' lol<>ffllO\l Muskegon, MI 49441
Ph (231) 755-186P <> E·Mail·-RWVRPS16946@AOL.COM
May 11, 2004. Project No. 2-4-4
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
DESCRIPTION FOR WEST MICHIGAN DOCK PROPERTY
That part ofLot 9, Block 563 of the Revised Plat of 1903, City of Muskegon, Muskegon County,
Michigan, lying Southeasterly of Muskegon Lake and Northwesterly of Shoreline Drive, more
particularly described as follows: Commencing at the South most corner of said Block 563;
thence North 41°27'00" West (recorded as North 42°18' West) along the Easterly line of Third
Street 461.33 Feet to the Southeasterly line of said Lot 9; thence South 33°48'00" West
(recorded as South 32°57' West) along said line 68.24 Feet to the Southwesterly line of said Lot
9; thence North 41°26'00" West (recorded as North 42°18' West) along said Southwesterly line
48.34 feet to the Northwesterly line of Shoreline Drive for POINT OF BEGINNING; thence
continue North 41°26'00 West along said Southwesterly line 476.22 Feet; thence. North
3 7°41 '07'' West on a traverse line along the shore of Muskegon Lake 631.64 Feet; thence North
31 °J l '38" East 322.44 Feet to the Northeasterly line of said Lot 9; thence South 42°38'26" East
along said line 149.50 Feet; thence South 51 °55' 16" East 872.48 Feet to the Northwesterly line
of said Shoreline Drive; thence South27°38'J9" West along said Northwesterly line 547.10 Feet
to Point of Beginning. Subject to "An easement and right of way for public highway and park
purposes" as described in a "DECLARATION OF TAKING" by the City.. of. Musk1rgon,
Recorded in Liber 1807, Page 290, described as follows: Recommence at the above .desctibed
POINT OF BEGINNING; thence North 41°26'00" West (recorded as Nortil.42°18" West)
359.74 Feet; North 27°38'19" East 480.49 Feet (recorded as North 26°49' East 481.48 Feet) to
the Northeasterly line of said Lot 9; thence South 51 °55' I 6" East along said Northeasterly line
341.66 Feet to the Northwesterly line of said Shoreline Drive; thence South 27°38'19" West
along said Northwesterly line 547.10 Feet to Point of Beginning.
Map of West Michigan Dock Property
.'
That Part of Lot 9, Block 563 of the Revised Plat of 1903 of the City of Muskegon,
Muskegon County, Miclfigan, Lying}forthwesterly of Shoreline Drive
Description & Drawing Based on Moore & Bruggink, Project No. 946032, 9/11/94
149.50'
S 51 °55'16" E 872.48'
_,,,..,---
I
NJ7°41'07"W 631.64'
s 27°38'.19" w
547.10'
Declaration of Taking, Easement & R/\V
Liber 1807, Page 290
N 4 I "26'00" W 48.34'
S 33°48'00" W 68.24'
CSx RR ~~~"W 461.33'
' ..... \
THIRD
S1REET
Scale l" = 200'
EXHIBITB
. FUNNEL AND GATE DESCRIPTION.
Conceptual Description of
The Funnel and Gate
Remedial Action Alternative
The funnel and gate alternative consists of an impenneable subsurface barrier (funnel) that
would be placed in the path of impacted groundwater to direct it through a reactive penneable
gate to be remediated. As the groundwater passes through the gate, target compounds are
degraded.
To detennine the suitability of the system for this Facility, as well as the funnel and gate
configuration, the following factors were considered: gate treatment technologies, compounds of
interest, compound concentration and distribution, aquifer depth, subsurface geology and
aboveground aspects, characteristics of confining layer, and groundwater velocity.
Based on these factors, the funnel at the Facility will likely need to extend approximately 1,300
feet along the shoreline and four (4) gates, each containing oxygen transfer wells, will likely be
required. One (1) gate would likely be located on City property and three (3) on WMD property.
To verify its expected perfonnance, monitoring wells would be installed. Thus, the funnel and
gate system will be set back a sufficient distance from the shoreline to allow installation of
downgradient monitoring wells. The funnel and gate system, like the biosparge system
described in the July 2, 2001 Conceptual Shoreline Remediation Design Report, will not entail
construc.tion or placement of any buildings, above grade structures, or other above grade
facilities of any kind on WMD's property. In addition, neither remedial alternative will require
storage of equipment or materials on WMD's property after installation of the system is
completed beyond that which is temporarily required for routine monitoring and maintenance of
the remedial system. "Temporarily" means no more · than 5 business days for any given
monitoring or maintenance event.
Any final funnel and gate system will be detailed in a work plan and submitted for MDEQ
approval. (A schematic of a conceptual funnel and gate system is attached.)
DT: #,197320 v6 (4894061.DOC) 105125-5
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EXHIBITC
RESTRICTIVE COVENANT
OT: #222163 v19 (4rf7191.00C) 105125-5
-21-
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