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CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 8, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION
A. Introduction of Summer Interns. AFFIRMATIVE ACTION
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display - Muskegon Country Club. CITY CLERK
C. Fireworks Display - Muskegon Summer Celebration. CITY CLERK
D. Housing Commission Appointment - Jerry Lottie. CITY MANAGER
E. Sale of Non-Buildable Lot at 1164 Ambrosia Street. PLANNING &
ECONOMIC DEVELOPMENT
F. City-MDOT Agreement for McCracken St., Sherman Blvd. to Lakeshore
Drive. ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. DNR Harbors and Docks-Mooring Construction Agreement. LEISURE
SERVICES
B. Liquor License Request - Polly Anna's Whole Foods. CITY CLERK
C. FIRST READING: Illicit Discharge and Connection Ordinance. PUBLIC
WORKS
D. Purchase of 510 Creston. COMMUNITY & NEIGHBORHOOD SERVICES
E. Approval of 2004-2005 Subrecipient and Community Housing
Development Organization (CHDO) Agreements. COMMUNITY &
NEIGHBORHOOD SERVICES
F. Shoreline Drive East - Agreement with Consumer Energy to Provide
Power. ENGINEERING
G. Seaway Industrial Park Easements. ENGINEERING
H. MCACA Grant Application. CITY MANAGER
□ ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form lo the City Clerk.
► Be recognized by the Chair.
► Step foiward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GA!LA.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: June 8, 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 Regular
Commission Meeting that was held on Tuesday, May 25, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JUNE 8, 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, June 8, 2004.
Mayor Warmington opened the meeting with a prayer from Pastor Bob
Rogers of the Oak Crest Church of God after which the Commission and Public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners
Lawrence Spataro, Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd,
and City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail
Kundinger.
2004-53 INTRODUCTIONS/PRESENTATION:
A. Introduction of Summer Interns .. AFFIRMATIVE ACTION
Ken James, Affirmative Action Director, introduced the summer interns.
2004-54 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, May 25, 2004.
FINANCIAL IMPACT: None
BUDGET ACTION: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display - Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a
fireworks display permit at the Muskegon Country Club, 2801 Lakeshore Drive for
July 41h. Fire Marshall Metcalf will inspect the fireworks.
FINACIAL IMPACT: None
BUDBET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. Fireworks Display - Muskegon Summer Celebration. CITY CLERK
SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is requesting
approval of a fireworks display permit for June 26th and 29 1h , and July l'' and 4th.
Fire Marshall Metcalf will inspect the fireworks.
FINACIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Housing Commission Appointment - Jerry Lottie. CITY MANAGER
SUMMARY OF REQUEST: To appoint Jerry Lottie to fill the unexpired term of
Reverend Kirksey (deceased).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the appointment.
E. Sale of Non-Buildable Lot at 1164 Ambrosia Street. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant non-buildable lot
(Parcel #24-205-249-0003-00) at 1164 Ambrosia Street to Marge Stafford, owner
of 1160 Ambrosia Street, Muskegon, Ml. Approval of this sale will allow the owner
to expand her current yard. Since the RT-Two Family Residential zoning requires
75 ft. of frontage, it would not be possible for the adjacent property owner to
have a buildable lot if we were to offer this lot to them. Therefore, the lot is
being offered to Ms. Stafford 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.
F. City-MDOT Agreement for McCracken St.• Sherman Blvd. to Lakeshore
Drive. ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MOOT for the
reconstruction of McCracken St. from Sherman Blvd. to Lakeshore Dr. and to
approve the resolution authorizing the Mayor and City Clerk to sign the
contract.
FINANCIAL IMPACT: MDOT'S participation is estimated a $552,354 but not to
exceed 81.85% of eligible cost. The estimated total construction cost (without
engineering) of the project, including the non-participating items of watermain
& sanitary sewer, is $1, 180,200.
BUDGET ACTION REQURIED: None at this time. The City's share of the cost will
come out of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
G. Community Relation Appointments. CITY CLERK
SUMMARY OF REQUEST: To approve the appointment of Aime Brown to the
Historic District Commission replacing Lois Cole, and reappoint Barbara
VanFossen to the District Library Board.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: The Community Relations Committee
recommended approval at their June 7th meeting.
Motion by Commissioner Spataro, second by Vice Moyor Larson to approve the
Consent Agenda.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2004-55 NEW BUSINESS:
A. DNR Harbors and Docks-Mooring Construction Agreement. LEISURE
SERVICES
SUMMARY OF REQUEST: To approve the agreement with the Department of
Natural Resources (DNR) for construction and improvements at Hartshorn
Municipal Marina.
FINANCIAL IMPACT: $2,000,000 with the MDNR providing $1,000,000 as a 50%
match.
BUDGET ACTION REQUIRED: Match will need to be provided by either a bond or
loan to be paid off by the marina.
STAFF RECOMMENDATION: Approve.
Motion by Vice Mayor Larson, second by Commissioner Gawron to approve the
agreement.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
B. Liquor License Request - Polly Anna's Whole Foods. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Polly Anna's Whole Foods of 1848 E.
Sherman Blvd. for a new SDM licensed business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
request for a new SDM license.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
C. FIRST READING: Illicit Discharge and Connection Ordinance. PUBLIC
WORKS
SUMMARY OF REQUEST: The City's permit (Certificate of Coverage) to discharge
storm water to waters of the state requires the adoption of an ordinance to
prohibit illicit connections of non-storm water to the municipal storm water
collection system. The ordinance is recommended by our consultant, FTCH, and
has been reviewed and approved as corrected by the City Attorney.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None. Expenses are budgeted under the Storm
Water Budget.
STAFF RECOMMENDATION: To approve the adoption of the Illicit Discharge and
Connection Ordinance.
Motion by Commissioner Davis, second by Commissioner Carter to approve the
adoption of the Illicit Discharge and Connection Ordinance.
ROLL VOTE: Ayes: Gawron, Larson, shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
D. Purchase of 510 Creston. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of the property located at
510 Creston (City of Muskegon Urban Renewal Plat number 2 Lot 349) from the
U.S. Department of Housing and Urban Development for the amount of $16,500.
If approved, CNS will solicit bids to rehabilitate the structure at 510 Creston and
later sell the totally rehabilitated home to a qualified low/moderate-income
family, which will continue the City's neighborhood revitalization efforts by
returning once blighted homes to the tax roll and eliminating their blighting
influence on their specific neighborhood.
FINACIAL IMPACT: Funding for the purchase and rehabilitation will be deducted
from the City's 2002 HOME funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None.
Motion by Commissioner Carter, second by Commissioner Gawron to approve
the purchase of 510 Creston.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
E. Approval of 2004-2005 Subrecipient and Community Housing
Development Organization {CHDO) Agreements. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign all of the 2004-
2005 approved agreements for the City's subrecipients and Coho's. The City
Commission approved the funding for each of the nonprofits last spring during
the City's Consolidated Planning process. After the Mayor and Clerk sign the
contracts, the CNS office will retain one copy for their files and a copy will be
supplied to the appropriate nonprofit for their records.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005 CDBG and
HOME programs.
BUDGET ACTION REQUIRED: None. The City Commission made budgeting
decision last spring.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign agreements.
Motion by Commissioner Spataro, second by Commissioner Carter to direct
Mayor and Clerk to sign agreements.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
F. Seaway Industrial Park Easements. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to record or cause the recording of three
public utility easement within the area know as the Seaway Industrial Park as
shown and described on the survey document. The easements are for existing
utilities and are necessary to insure proper documentation to establish such
utilities ahead of any real estate transaction. The three easements are
l. A 33' for WM along the west side of parcel A for an existing 36" WM
2. The NW part of parcel A for a water & sewer service
3. A 50' storm sewer easement for the old Rudiment
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve the recording of utility easements.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the recording of the utility easements.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
G. Shoreline Drive East - Agreement with Consumer Energy to Provide
Power. ENGINEERING
STAFF REQUESTED THIS ITEM BE REMOVED.
H. MCACA Grant Application. CITY MANAGER
SUMMARY OF REQUEST: To authorize applying for a MCACA grant on behalf of
the Frauenthal Center for the Performing Arts for capital improvements to the Hilt
Building.
FINANCIAL IMPACT: None. The community Foundation will be responsible for the
grant match.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the application.
COMMITTEE RECOMMENDATION: None
Motion by Commissioner Spataro, second by Commissioner Shepherd to
authorize applying for the MCACA grant.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
I. Boilerworks Project. CITY MANAGER
SUMMARY OF REQUEST: To authorize staff to work with HDC Companies to
designate the Boilerworks property (including the "yellow building") as a historic
district and include it in the City's Brownfield Plan (including a letter of support).
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: None
COMMITTEE RECOMMENDATION: None
Motion by Vice Mayor Larson, second by Commissioner Shepherd to authorize
staff to work with HDC Companies to designate the Boilerworks property as a
historic district and include it in the City's Brownfield Plan.
ROLL VOTE: Ayes: Carter, Larson, Shepherd, Warmington
Nays: Davis, Gawron, Spataro
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon adjourned at 5:58
p.m.
Respectfully submitted,
t}lW.,0, ~ f ,
Gail A. Kundinger, MMC
City Clerk
Date: June 8, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Muskegon Country Club
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting
approval of a fireworks display permit at the Muskegon Country Club,
2801 Lakeshore Drive for July 4 th • Fire Marshall Metcalf will inspect the
fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
Fl.l-49 (8099)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
PERMIT
FCIR FIREWORKS DISPLAY
2004-54(b)
This permit is not transferable. Possession of this pennit authorizes the herein named person to possess,
transport, and display fireworks in the amounts, for the purpose of and at the place listed below only.
[gl PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL
Issued TO j Age (18 or over)
MELRO,~E PYROTECIINJCS INC
Address
P.O. BOX J2J. BELDING MI 48809
Name of Organization, Group, Firm, or Corporation
M11,.,.,_,.n Countrv Qub
Address
2801 Lakt,/wr, /)riv,. Mu<k••q• Mich;•an
Number and T)'p8s of Firswoila
Approximately 1,20() oerial display sltell.f ralJ/l;ltk in st.~ from 11/4 Inches to 8 Jnch~s In diameter
Ex.et Loosllon of Dlaplay
2801 Laushor, Dril'<
cay, Village, Township
.Mus..-on .
I Dale Julv 4. 2001
Time
,,b••ruxbncntcl" 10:00 ,.,,,
Bond or lnsuranoe Filed?
fgJ Ye•
□
Amount
No $5 fib(/ 0//0.0I/
Issued by action of the D council &1 commission D board of the
£3 city D village 0 township of _ _..;c:..1:..·t=y-=oc:f.....:.M:..u:..s:..k=e.a!gc:o..:.n:.__ _ _ _ _ _ _ __
(Name ofClly, VJllag•, Township)
2004
,e....~1neture and Title, of Council/Commission/Board Rapresentetiva)
Warmington, Mayor
AUTttORl1Y: 1968 PA 358
COMPLIANCE; Re~uired
PENALTY:
05/21/2004 11:53 2193935710 MELROSE PYROTECHNICS PAGE 03
FM-51 (3-98)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
APPLICATION FOR FIREWORKS DISPLAY PERMIT
!iii PUBLIC DISPLAY 0 AGRICULTURAL PEST CONrROL Data of Application J/1/f/4
Namo of Applicant Address Age (18 or over}
MElROS1'PYROTEClfNICS, .INC .P.O. BOX JO), KINGSBURY, IN 46.145
If a Corporation, Name of Presld•nl Address
MICHAEL CARTOLANO P.O. BOX .l02, KINGSBURY, .IN 46345
If a Non-n,sldent Applil;'lnt: Name of Ml Addriess Phone No.
Attorney or Rosident Agent (616) 194-0205
MIKE VANLOO P,O, BOXll.l, BELDING, M148809
Name of Pyrot•ctmic Operator Addrm~s Age (1~ or ovor)
MIKE VAN LOO P.O. BOX 123, BELDING, Ml 48.109 34
No. Years Experience No. Dlsplays Where
UYEARS 2SO+ MICHIGAN, .ILLINOIS, INJ)!ANA, KENTUCTO', OHIO
Name of Assistant Address Age
JOHNKLAPKO P.O. llOX I13, BEWING, Ml 48809 40
Nam• of Other Assistant: Address Ago
SCOIT FERMAN .P.O. llOX 123., .8[f:LDlNG, MI 48809 36
Exact Location of Proposed Di9play
Muskegon Cmmtry Club gr(mndt
Date of Proposed Display .Inly 4, 2004 rime of Proposed Display Dusk~ Apptbximflfcf)' J(l:00 pnt
No. Of Flroworka Kind of Fireworks to b9 OIDDlava~
AnnrnxlmaUf111200 Aerial dlm/4v sht!llt Nmofnr, In stu from 11/4 inches to 8 in.c/J.e., ln diameter
Mann or & Place of Stora119 F'rlor to Olsplay (SubJ•ot to Approval of Local Fire Authormos)
NO STORAGE NECESSARY, J>Ji;J,/VER/W ON DATE OFJ>ISPLAY
Amount of Bond of Insurance (to be set by local gov't} I Name Of Bonding Carporntton or lnaumnce Company
S5.000 ono.on IJJIITTON-GALLtl.GHER & ASSOCIATIJS
Addrns& of Bonding Corporation or Insurance ComJiany
6240 SOM CENT8RRD. Cf..EVT;;lAND, OH 44139
$1gnaturn of Appllcant
,J/4,:~td For Melrose Pt•rotechnics Jm:..
I I
SEE OTHER SIDE FOR INSTRUCTIONS V
Authority: 1968 PA 3SB
Compll~nce: Voluntary but a permit wUI
not be lsnued without an
applieatlol"I.
05/21/2004 11:53 2193935710 MELROSE PYROTECHNICS PAGE 02
ACORDW CERTIFICATE OF LIABILITY INSURANCE
PR:ODUC_l;;R
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I DAU(MM/IJtlM'YY}
4/21/2004
Britton-Gal~agher and Assoc:dat.es, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Cleveland OH 44139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSUR.ERA: Lexington !nsu~ance Co
Melrose Pyrotechnics1 rnc. !NSUREiRB: Granite State Insurance co.
P.O. Box 302
ft-.1$UFU',!R. C; Arch Specialty rns Company
Kingsbury IN 46345
INSURERD: Travelers Indemnity Co,
JNSUAE.AE.:
COVERAGES
TH/a POLICIES OF INSURANCB LISTED BELOW H'1-.'iffl J;llilli!U ISSUED TO THE IN~l:1REO NAMED ABOVE FOR ');'mi! POL:CCY PERIOD INDICATED,
NOTWI1'H8TANDXNG .11.]il'[ REQO:CRJ?.M:E:l"'l', 'J,'F.JWI DR CONDITION OF ANY CONT:R.AC:T OR OTHER OOCOMENT WITH RESPECT TO WHICH THIS
CERT~P.lOTE MZI.Y BE ISSUED OR MAY PE~TAIN, THE: INSURANCE AFFOJIDW.D BY THB POLICIES omsc~raE:o HER.E!N IS SUBJECT TO ~JJL
THE 'l'ERMS., EXCLUSIONS ANO CONDITIONS OF BUCH POLICliS- ·AGGJil.EGl\TE Llt-IITS SI!OWN MAY HAVE BEEN REDUCED BY PAID C:C,11.lMS.
·~~ ~~~· ' " POI.ICY MUM!JER POIJ.g_'( ~FFECflVt. "Q~ICYJXPIRATlON
LIMITS
A ~l;Nl;~M, 1,lAe.!U'h' 5315723 4/1/2004 4/1/2005 EACH OOOUR.Rl::.NCE; , 1,000,000
~ [JMMERC!AL GE.NERJ\L LIABILITY
~q~mn ,so,ooo
CU\!Me MADI; □ OCCUR MED EXP I Anyone person}
..L .."
I-
·---- PtRSONAL & ADV INJUAY
GENEAALAGOREC:iAit
$,l,000,000
,2,000,000
GENt AGGRtGATE LIMfT APPUE:S PER: s 2,000,000
n POLICY rx7 ~~R.;. n LOC
PROOUCTS • OOMP/OP MG
B ~TDMO'E!ILE LIABILITY
CA62659'.llJ, 4/l./2004 4/1/2005
X AtJYAUTO
COM61NED 81/'·JJ3L.E L.IM!'I'
(E11 ooddonl)
, 1,000,000
~
~
AlLOWNE.DALJTOS
8001LY INJUFW
.SCHE;DULE;D AUTOS {Perp~l"l!bl'\) $
I-
~
--
HIRE:DAUlOS
X NON,OWNEDAUTOS
BODILY INJURY
(Per acclllent) •
PROP.eRTY PAMA~E;
aA~ACII; 1.,1/4.B/l,TTY
(Pnrc1K.ld1ml)
AUTO ONLY· El\ ACCIDl:.NT
'
- ~ ANY AUTO IY\ACC
'
OlHERTHAN
AUTOONL'r':
AM '
C EXCl!:SSIUMBR!!LLA LIADIUTY 42tl1.l?l485l00 4/1/2004 4/1/2005 El:AcH occu~.B~NCE -~' 4,000,000
[!] OCCUR □ Cl.AIM$ MADe AGGREGATE ,4,000,000
~ DEDUCT!Bll:. •
D
A.ETENTION
WOnl'.jffiSCQMPENSATIONAND
lsMJ:'J.OYERS' LIABILITY
il0,000
401X5907 4/1/2004 4/1/2005 I~._toeYJ.JMl:i:
we STA,_il__ _10Jr·
.Ja,
•'
~y PROPRl~TORIPARTNER!EXECUTJV!: E,L, EACH ACCIDENT s l,000,000
OFFIC!:A/MEMBER EXCl,Ur,JF.O?
EU., DIS~SE • EA EiMPI.OYEE. s l,000,000
g~:~~.l';~~~OY1's1o"Ns below 1:.,L. DISEAS~ • POLICY LIMIT , 1,000,000
OTif6R
DESCRIPTION OF CIPEIU,TIONS I LOt:ATIONS / VE;HICI.Jtl.J t F.XCI.U8JONB ADtll;P .BY n~DC~.1:11:;Ml;N'f / ar.rE;(:IAJ., PRO\lla!ONS
DISPJ,AY DATE: July 4, 200-4
LOD-1.'rON: Muskegon Count:ry club - :Muskegon, Michigan
AO!II'l'l:ONAL ~NBURED: Muskegon Country Club; City of Muskegon, Michigan; Mr. Ron Whorton
CERTIFICATE HOLDER CANCELLATION
t1Uakegon Country Club SHOULD ANY or THE AEOVE DESCRIBED POLICIES Bm CANCE~~EP
Mr, 'tor;]~ Beals aEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
2801 L~~eshore Drive WILL ENOEAVOR TO MA.IL 30 DAYS WRITTEN NOTICE.TO THE
Muskego~ MI 49441 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT tl'AILUR.E TO DO SO
SHALL IMPOSE ND OBL1GATION OR LIM!Ll~Y OF ANY KIND UPON
THE !NSU:RBR 1 !TS ~Cc!'.NTS OR RBPRESENTATI'i/HS.
AUiHORIZl!.D Rl!:PRl!Sl!NTATIVE
ACORD 25 (2001/08)
~12J,IJB=.
®ACORD CORPORATION 1988
May '24, '2004
Linda Potter, CMC
Deputy Clerk, City of Muske8on
933 Terrace 6tred
Muske8on, MI 49440
Dear Ms. Potter:
Based on our recent conversation, I am forwardin8 the fireworks display permit, the certificate of
liability insurance and the application fee of $50.00. Our fireworks display is planned for July 4,
2004.
Please call me if you have any questions. [ can be reached al '231-755-3737.
2801 Lakeshore Drive • Muskegon. Michi8an 49441
Clubhouse (231) 755-3737 • t'ax. (231) 755-5759
THIS CHECK IN PAYMENT
OF THE FOLLOWING INVOICES
INVOICE AMOUNT 74-1394
724
MUSKEGON COUNTRY CLUB
=• 2801 LAKESHORE DRIVE
MUSKEGON, MICHIGAN 49441
COMMUNITY SHORES BANK
1030 W. NORTON
6717
MUSKEGON, Ml 49441
l-
~
//JO
.
DOLLARS
DATE
15'/s,jo<( 'O
11• □□[;. 7 ~ 711• 1: □ 7 21. ~ lCJt. 21: ~DODOO 2Dt.CJ11•
Date: June 8, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display- Muskegon Summer
Celebration
SUMMARY OF REQUEST: Steve Franklin, Summit Pyrotechnics, is
requesting approval of a fireworks display permit for June 26th and 29th ,
and July 1st and 4th . Fire Marshall Metcalf will inspect the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
~\~" 6'')l'S ,();
FM-32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT I DATE OF APPLICATIO N
Act 358, P.A. 1968 :fl}/.l✓ .,.-7 ~ :100~
. .
l. TYPE OF DISPLAY: p?J Public Display D Agricultural Pest Control
2. APPLICANT
NAME OF PERSON ADDRESS A GE: Must be 21 or over
S, / "V\""'-. i-
,t
J)'-' 1
l"t> t e,,..-__l~ W)' L, s 3,5-z;;o S. G ~l'Tv .s'/;,
IF
~17 ·,
CORPORkN: Name of Presi dent
, , ' A _,,_ A/J 1
•r _
ADDRESS
'
3. PYROTECHNIC OPERATOR
S;AM E ADDRESS AGE: Must be 21 or over
l=e.-v e- h' t:t.Af'i,c,Lt 'l? ~,,;-oo .L 0i:.J-/v
-
of
EXPERIENCE: flt, JtPl:? '.?o :?a
NUMBER OF YEARS I NUMBER OF DISPLAYS WHERE . ..
1 .,;- lf-OC> + /=/, /Jj,4 ///L r .,,.~1 1 L t ff} /) .,;?1✓~00. u:J.z-: ,LJ,c
NAMES OF ASSISTANTS:
NAME ADDRESS AGE
NAME ADDRESS AGE
4, NON-RESIDENT APPLICANT
NAME ADDRESS
Name of M i chigan Attorney or Reside nt Agent ADDRESS TELEPHONE NUMBER
5, EXACT LOCATION OF PROPOSED DISPLAY
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DATE
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I TIME /
J0:,20 ~rYL.
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6, NUMBER AND KINDS OF Fl REWORKS TO BE DISPLAYED
_J/) -/,2 <{
,,20-10 II
-
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MANNER & PLACE OF STORAGE PRIOR TO DISPLAY
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I Subject to Approval o f Loca l Fir e A u1hori1ies)
7. FINANCIAL RESPONSIBILITY
I A. AMOUNT OF BOND OR INS URANC E
I to be set by municioal itvl $
I
B. BON DI N G CORPORATION OF I NSUR..\NCE COMPANY: NAME I ADDRESS
2004-54(c)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: ()9 PUBLICDISPLAY ( ) AGRICULTURAL PEST CON1ROL
ISSUED TO: Summit Pyrotechnics
NAME Steve Franklin
ADDRESS AGE
3500 S. Getty
REPRESENTING Muskegon Summer Celebration
NA.',!E OF ORGANIZATION, GROUP, FIR.I,! OR CORPORATION
ADDRESS
NUMBER & TYPES OF FIREWORKS:
20 12"; 20 10"; 48 8"; 500 6"· 400 5"· 800 4"· 1500 3"
DISPLAY: Barge - Muskegon Lake
EXACT LOCATION
800' N of Heritage Landing
CITY, VILLAGE, TOWNSHIP DATE TIME
_June 26 & 29; July 1 & 4 10:20 p.m.
BOND OR INSURANCE FILED: ( ) YES () NO AMOUNT
ISSUED BY·
Issued by action of the t,,ITJSKEGON CITY COMMISSfON
(council, commiuioi\, board)
of the CITY of MUSKEGON
(cir,, ..-,11,!!,e. :.ownJllip) (name a( ciry, village, ~~W-rith,p)
(J•!P'l•Nrc &t po1111011 of WYl'ltil, t0mmiuion or boud rcpn::senutive)
P.01
JUN-10-2004 17:26
THIS CERTl~CATE 1$ l$SUl:OAS A ..,.mR 0~ INl'ORMA'llllN lilM..Y RIO,
C:ONFER$ NO RIGH"J'S UPON THE ¢1:RTIRCATE l<OWER, THIS ~JllATE
00tSN01' AMSl,g, exrENll QR lAT!lftTHE COVEIWlEIIFFORD!;O BYn<E
POI.ICIES SE!.OW.
1JAl!IU'l'I' MIYlWro I.NI'
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CISEASE-POUCY LIMrT'
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l:ANCl;UATION . .
SHDUIDANYOFTHE AIIOWDesi:RIBEo POLiet"" SE 1:ANCE!Jmm;FOIIE THE EXP""'TION Ci,\TE ,
·: 'T'H£11EOF, THE ISS\JINCI COMPANYWIU.MAIL 10 DA'ffl ~n.N NOTICE TOTH!! CERTIRi::ATE H01.D!:f1
' NAMllll TO THe IEPT,
TOTRL P.01
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 6/8/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 20, 2004
RE: Housing Commission Appointment - Jerry Lottie
SUMMARY OF REQUEST:
To appoint Jerry Lottie to fill the unexpired term of Reverend Kirksey (deceased).
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the appointment.
COMMITTEE RECOMMENDATION:
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (HOUSING COM APT-JERRY LOTTIE)
,a1-72Rec EI VE D.02
QIX Pf MYJIKfOON MA y 2 0 2004
TAI fNJ PAHK APPLIGATIPN M
. CITY USKEGON
Plt11,.s Typo or Print. Apolic.ollons wdl be kepi on 1118 for one - Ail spp,,;anf• subjM:t toll ba<h~l),f;J~•s OFFICE
NAME\ )c:_ r'(i/ /, Q ffie, DATE: .:F--/ Z ~ 0 ,j
HOME ADDRESS 07/0Jf¥e,,-.50 n
cSlrHt, City. State, Zip)
~ ,l?'~G'.40 .
J
/?Jch ~_, /h--7
•
HOME PHONE#: 211-1!!2-0,Y# WORK PHONE# 6./1# 740- 71.t/j
occuPAr1ON: ~&Jired
( If r&tJrad, rj,o form• occupation)
(Phone Number)
:le¾-
(Phone
i./'35'7
Numbef)
1J/O;-aSiJ--
(PhOne Number)
PLEASE INDICATE BOAROSICOMMISSIONSICOMMITTEES INTERESTED IN 51':R\IING ON - MARKING at'! AS
YOUR FIRST PREFERENCE,--
I ) Soard of Canv,&&OJ• ( ) Houli~ Cod• Board of Ap..s11
( ) Board of R6\liew 41/ ,,,.-,0 Houaing Cemmiscion
( ) cemetery Corrrnilloe ( ) 111'1ago Corrmittee
( ) Ciliaan·, Police Reviow Board ( ) lno:>me Tax Board or R<NIGW
( ) City l;,mploy- Ponsion Board ( J Laod ReullliZ'4!ion Comm®le
( l Civil Ser,,,ce CommioSion { ) I.Muro S<!Mc.. Board
i ) CD8G-Cit1Zen'• Oistricl Counctl ( ) loon Fund Advisory Committee
( ) Conolruction Board of Appeals ( ) Loca! ClfWtlop. Finance A<Ahorlly
( ) Diltlld Libn,,y Bo-tr<l ( ) L.o<>el Oftlcet'• Corns,.r,oation com
( ) 0°"'1!0Wn Development Authority/llrOWf\ftakl Boord ( ) Planning CommiGeiOn
( ) Election Commia&ion ( ) Pal!ca/Firem ■n's Pension Board
{ ) Enterpr1se Commun~ cwn coum;II ( ) ?ublle Relartor,a Committee,
( ) Equal Opp<l<'IUnity C<Jmmltloe ( ) Zoning B<>ara of"""""
( ) H~toric:: Did.rd Comrriesion
I )OU!ot' _ _ _ _ _ _ _ _ __
( ) Hospital Finance Aulhorlfy
• Attach Ackli\lonal Sheelti or Reaume if 04'8irod, 0 llJ
()
City Clofl<'• Offie,i, 933 T&/Tllce St, P. 0. Box 536, Muskegon. Ml ~944:},053e w ..... :zOu..U:
= O<II
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13
Affirmative Action
/231l724-6703
FAX: (231)722-1214
~)Y}f:f4l1'fs81ization
!<'AX: (231)726-5181
~~T)~~r;Sgrarlment
FAX: (231)726-5617
Cit! Mana~er
(23] }724-6124
FAX: (231)722-1214
Civil Service
(231)724-6716
June 14, 2004
FAX: (231)724-4405
Clerk
{131)724-6705
FAX: (231)724-4178
Mr. Jerry Lottie
1710 Jefferson
Muskegon, Ml 49441
Dear Jerry:
Congratulations on your appointment to the Muskegon Housing Commission.
The term of the appointment will run through January 31, 2005.
The Housing Commission will contact you regarding meeting dates, etc.
Brm14~91~
. FAX: (231)724-6768
Thank you for your willingness to serve in this capacity .
Sincerely,
Income Tax
{231)724-6770
FAX: (231)724-6768
2;:;;~~-~~/-
Bry9'11 L. Mazade
City Manager
Leisure Services
(231 )724-6704
FAX: (231)724-1196 BLM/js
c: Yvonne Morrisey, Executive Director
Gail Kundinger, City Clerk /
Plannim!/Zoning
(231 )724'6702
FAX: (231)724-6790
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Filtration
/231)724-4106 JMS - 0: (LOTTIE-HOUSING COM APT)
FAX: {231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinccity.com
Commission Meeting Date: June B, 2004
Date: May25,2004
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development Cj,0
RE: Sale of Non-Buildable Lot at 1164 Ambrosia Street
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-249-0003-00) at
1164 Ambrosia Street to Marge Stafford, owner of 1160 Ambrosia Street, Muskegon,
Ml. Approval of this sale will allow the owner to expand her current yard. Since the RT-
Two Family Residential zoning requires 75 ft. of frontage, it would not be possible for
the adjacent property owner to have a buildable lot if we were to offer this lot to them.
Therefore, the lot is being offered to Ms. Stafford 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:
5/25/2004
CITY OF MUSKEGON
RESOLUTION #2004- 54 ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $1 from Marge Stafford, 5881 Rollenhagen
Road, Ravenna, MI 49441 for the purchase of a vacant, non-buildable City-owned lot located
adjacent to her property at 1164 Ambrosia Street, Muskegon Avenue (parcel #24-205-249-0003-
00); and
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 REVISED PLAT
OF 1903 N ½ LOT 3 BLK 249 be sold to Marge Stafford for $1 .
th
Resolution adopt~d this 8 day of June,' 2004.'
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent: None
Attest ~ Q_ Ld,,,-,~g,0 J
Gail A. Kundinger, MMC
Clerk
CERTIFICATION
2004-54(e)
This resolution was adopted at a regular meeting of the City Commission, held on June 8, 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 ~o.L~MMdµ)
Gail A. Kundinger,
Clerk
Vacant Non-Buildable City-Owned Lot N
1164 Ambrosia Street W~E
s
'~
r I I I I I t
f.lJUJI.E
~ "I
Co cs 56 '6 66
" E! ~
~
s
* = Subject Property(ies)
UUJ'.t
□ Coto be sold
§f=j_
s CATHERINE AV
oe
" 33
l "' 3' 3' 33 33 « 22
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66 I 66 66 133/33
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21
~, '-h
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 MARGE STAFFORD, of 5881 Rollenhagen Road, Ravenna, Michigan 49451,
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 N ½ LOT 3 BLK249
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 Granter. 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 Granter
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 Ju/""
_j__!_!__ day of ~=+vi"------ , 200_i_.
Signed in the presence of:
:;;,.,' ~· "ti""""' . .~
~
L./,,c/•
~
/4t:t-t"r
%: ~ V~k'.n, .,L
To A,.,0 Krv k~ w'::, \'.'.. i ~~l ~:i~~;~~er, Mh~~.-it~2i;r~J',
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on Ju/:J (, , 200J'.'._ 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) ~dtJ A'.5.
/.111da S /1, I
£id:&
f-N'' , Notary Public
Acting in the County of 07«.s ,tl;,,.,_o,,..,
PREPARED BY: John C. Schrier ?Jlu.s k~ o _n County, Michigan
Parmenter O'Toole MyComm. xpires: 9-c?.:,--or,
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguilm\LOCALS-1\Temp\BK8197.doc
Date: June 8, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MOOT Agreement for:
McCracken St., Sherman Blvd. to Lakeshore Dr.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of McCracken St.
from Sherman Blvd. to Lakeshore Dr. and to approve the attached resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT's participation is estimated at $552,354 but not to exceed 81.85% of eligible
cost. The estimated total construction cost (without engineering) of the project,
including the non-participating items of watermain & sanitary sewer, is $1,180,200
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water/sewer funds as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2004-54(f)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE RECONSTRUCTION
OF MCCRACKEN ST. FROM SHERMAN BLVD. TO LAKESHORE DR. ALONG WITH SOME WATER MAIN
WORK TOGETHER WITH THE NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR
STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Commissioner Spataro and supported by Vice Mayor Larson that the following Resolution be
adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 04-5202 between the Michigan Department of
Transportation and the City of Muskegon for the reconstruction of McCracken St. from Sherman Blvd. to
Lakeshore Dr. within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 04-5202 be and the same is hereby
authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of
the City of Muskegon.
th
Adopted this 8 day of June, 2004.
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on June 8, 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 ~0 - ~~
Gail A. Kundinger, Clerk
STATE OF MICHIGAN
GLORIA J. JEFF
JENNIFER M. GRANHOLM
GOVERNOR
DEPARTMENT OF TRANSPORTATION DIRECTOR
LANSING
May 17, 2004
Ms. Gail Kundinger
Clerk
City of Muskegon
933 Terrace Street, P.O. Box 536 RECEIVED
CITY OF MUSKEGON
Muskegon,MI 49443-0536 I
Dear Ms. Kundinger:
MAY 19 2004 I
ENGINEERING DEPARTMENT .
RE: MDOT Contract No.: 04-5202
Control Section: STUL 61407
Job Number: 56380
Enclosed is the original and one copy of the above described contract between your organization
and the Michigan Depa1tment of Transpmtation (MDOT). Please take time to read and
understand this contract. If this contract meets with your approval, please complete the
following checklist:
PLEASE DO NOT DATE THE CONTRACTS. MDOT will date the contracts when they
are executed. A contract is not executed unless it has been signed by both patties.
_ Secure the necessary signatures on all contracts.
Include a certified resolution. The resolution should specifically name the officials who me
authorized to sign the contracts.
_ Return all copies of the contracts to my attention of the Department's Design Division,
2 nd floor for MDOT execution.
A copy of the executed contract will be forwarded to you. If you have any questions, please feel
free to contact me at (517) 335-2264.
Sincerely,
~~
Contract Processing Specialist
Design Support Area
Enclosure
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
STATE OFMICHIGAN
GLORIA J. JEFF
JENNIFER M. GRANHOLM
GOVERNOR
DEPARTMENT OF TRANSPORTATION DIRECTOR
LANSll"i'.G
June 21, 2004
Ms. Gail Kundinger
Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 04-5202
Control Section: STUL 61407
Job Number: 56380
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
~~
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
Cc: M. Harbison, Design Support Area
Project Accounting, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • {517) 373-2090
LH-LAN-0 (01103)
STP DIR
Control Section STUL 61407
Job Number 56380
Project STP 0461 (31 !)
Federal Item No. HH 3958
CFDANo. 20.205
Contract No. 04-5202
PART I
THIS CONTRACT, consisting of PART I and JU~TB ~ ditandard Agreement
Provisions), is made and entered into this date of O , by and between
the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and
obligations of the parties in agreeing to the following improvements, in the City of Muskegon,
Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I",
dated May 6, 2004, attached hereto and made a part hereof:
PART A-FEDERAL PARTICIPATION
Reconstruction work along McCraken Street from Sherman Boulevard to Lakeshore
Drive; including concrete curb and gutter, drainage structures, hot mix asphalt pavement,
sidewalk repair, and pavement marking work; and all together with necessary related
work.
PART B-NO FEDERAL PARTICIPATION
Sanitary sewer, watermain, sidewalk, and driveway work along McCracken Street from
Sherman Boulevard to Lakeshore Drive; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT, at the request of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the
use of Federal Funds under the following Federal program(s) or funding:
SURF ACE TRANSPORTATION PROGRAM
09/06/90 STP.FOR 5/6/04 I
WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
I. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The te1m "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will
be charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering and inspection, and right-of-way are excluded from the PROJECT
COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer
on behalf of the REQUESTING PARTY all phases of the PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to
the PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and
inspection services necessary for the completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed t1mmg
sequences for trunkline signals that, if any, are being made part of the improvement. No timing
adjustments shall be made by the REQUESTING PARTY at any trunkline intersection, without
prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits.
09/06/90 STP.FOR 5/6/04 2
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transportation Funds shall be applied to the eligible items of the
PART A portion of the PROJECT COST at the established Federal participation
ratio equal to 81.85 percent up to an amount not to exceed $552,354. The balance
of the PART A portion of the PROJECT COST, after deduction of Federal Funds,
shall be charged to and paid by the REQUESTING PARTY in the manner and at
the times hereinafter set forth.
PARTB
The PART B portion of the PROJECT COST is not eligible for Federal
participation and shall be charged to and paid 100 percent by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share
of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein
provided. All payments will be made within 30 days of receipt of billings from the
DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING
PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT
progresses.
In the event of any discrepancies between PART I and PART II of this contract, the
provisions of PART I shall prevail.
7. At such time as traffic volumes and safety requirements warrant, the
REQUESTING PARTY will cause to be enacted and enforced such ordinances as may be
necessary to prohibit parking in the traveled roadway throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable
to a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and
is not aware of and has no reason to believe that the property is a facility as defined in MSA
13A.20101(1)(1); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection
of property within the existing right of way on which construction is to be performed to
09/06/90 STP.FOR 5/6/04 3
determine if any hazardous substances were present; and at sites on which historically were
located businesses that involved hazardous substances, it performed a reasonable investigation to
determine whether hazardous substances exist. This reasonable investigation should include, at a
minimum, contact with local, state and federal environmental agencies to determine if the site
has been identified as, or potentially as, a site containing hazardous substances; d) it did not
cause or contribute to the release or threat of release of any hazardous substance found within the
PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of
any hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the
REQUESTING PARTY has included all estimated costs of remediation of such hazardous
substances in its estimated cost of construction of the PROJECT.
10. If, subsequent to execution of this contract, previously unknown hazardous
substances are discovered within the PROJECT limits, which require environmental remediation
pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that
fact to the Department of Environmental Quality, shall immediately notify the DEPARTMENT,
both orally and in writing of such discovery. The DEPARTMENT shall consult with the
REQUESTING PARTY to determine ifit is willing to pay for the cost of remediation and, with
the FHWA, to determine the eligibility, for reimbursement, of the remediation costs. The
REQUESTING PARTY shall be charged for and shall pay all costs associated with such
remediation, including all delay costs of the contractor for the PROJECT, in the event that
remediation and delay costs are not deemed eligible by the FHWA. If the REQUESTING
PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the
PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a
result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay
the cost of remediating any hazardous substances discovered after the execution of this contract
and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation
with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent
effort to recover such costs from all other possible entities. If recovery is made, the
DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit
such sums to the appropriate funding source.
09/06/90 STP.FOR 5/6/04 4
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway
Administration pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT or its agents pursuant to the terms of this contract are done to assist
the REQUESTING PARTY in meeting program guidelines in order to qualify for available
funds. Such approvals, reviews, inspections and recommendations by the DEPARTMENT or its
agents shall not relieve the REQUESTING PARTY and the local agencies, as applicable, of their
ultimate control and shall not be construed as a warranty of their propriety or that the
DEPARTMENT or its agents is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT or its agents does
not relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews and recommendations under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in
MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant
to this contract, has not and does not assume jurisdiction of the highway, described as the
PROJECT for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the REQUESTING
PARTY and other local agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to
be used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.
16. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor,
vendors or suppliers as a result of the DEPARTMENT'S award of the construction contract for
the PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims
shall be considered PROJECT COSTS.
09/06/90 STP.FOR 5/6/04 5
17. The DEPARTMENT shall require the contractor who is awarded the contract for
the construction of the PROJECT to provide insurance in the amounts specified and in
accordance with the DEPARTMENT'S current Standard Specifications for Construction and to:
A. Maintain bodily injury and property damage insurance for the duration of
the PROJECT.
B. Provide owner's protective liability insurance naming as insureds the State
of Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and any other county, county road commission,
or municipality in whose jurisdiction the PROJECT is located, and their
employees, for the duration of the PROJECT and to provide, upon request,
copies of certificates of insurance to the insureds. It is understood that the
DEPARTMENT does not assume jurisdiction of the highway described as
the PROJECT as a result of being named as an insured on the owner's
protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction
and to provide, upon request, copies of notices and reports prepared to
those insured.
09/06/90 STP.FOR 5/6/04 6
18. This contract shall become binding on the parties hereto and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolutions approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRANSPORTATION
/
ent Director MDOT. uAM AP·•p. R-UVJ..,.
->/Ii)"'/
I
By _-'-~.,-v-vJAs-.·V , ..__1
T~k:Gail A. Kundinger
City Clerk ..,. _____
~STANT
ATTORNEY
GEMERAL __,
09/06/90 STP.FOR 5/6/04 7
May 6, 2004
EXHIBIT I
CONTROL SECTION STUL 61407
JOB NUMBER 56380
PROJECT STP 0461 (311)
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $865,400 $314,800 $1,180,200
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $865,400 $314,800 $1,180,200
Less Federal Funds* $552,354 $ -0- $ 552,354
BALANCE (REQUESTING PARTY'S SHARE) $313,046 $314,800 $ 627,846
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation
ratio equal to 81 .85 percent up to an amount not to exceed $552,354.
NO DEPOSIT
09/06/90 STP .FOR 5/6/04 8
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION III ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
I
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable, and as
referenced in pertinent sections of Title 23 and Title 49 of the Code of Federal Regulations
(CFR), and all supplements and amendments thereto.
1. Engineering
a. FAPG (6012.1): Preliminary Engineering
b. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. F APO (23 CFR 635A): Contract Procedures
d. FAPO ( 49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. FAPO (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 140B): Construction Engineering Costs
C. F APO (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
d. FAPG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 635B): Force Account Construction
f. FAPG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
1. FAPG (49 CFR 18.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
'J. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 140!): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
1. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
2. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instmctional Memoranda of the FHW A will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEP ARTMENTwill advertise and award all contracted portions of the PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT. the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertisethe PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHWA participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency. firm.
person. or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense. such subcontracted arrangements will be covered by formal written agreement
between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable and
the basis of payment; provide for the maintenance of accounting records in accordance with
generally accepted accounting principles, which clearly document the actual cost of the
services provided; provide that costs eligible for reimbursement shall be in accordance with
clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 31, 23 CFR Part 140, 0MB
Circular A-87, etc. as applicable; provide for access to the department or its representatives
to inspect and audit all data and records related to the agreement for a minimum of three
years after the department's final payment to the local unit.
All such agreements will be submitted for approval by the DEPARTMENT and. if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR I 72), which
do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the
subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT. shall make
such arrangements with railway companies, utilities, etc., as may be necessary for the
performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway companies,
the Railroad Safety & Tariffs Division of the DEPARTMENT and other concerned
governmental agencies other than the FHWA, and will forward same to the DEPARTMENT
for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHWA.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party with
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
I. The REQUESTING PARTY shall establish and maintain accurate records. in
accordance with generally accepted accounting principles. of all expenses incurred
for which payment is sought or made under this contract said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment of Federal Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable expenses
or any other issue under this contract, the REQUESTING PARTY shall thereafter
continue to maintain the RECORDS at least until that dispute has been finally
decided and the time for all available challenges or appeals of that decision has
expired.
The DEPARTMENT, or its representative, may inspect, copy, or audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY
03-15-93 7
may supply appropriate excerpts and make alternate arrangements to conveniently
and reasonably make that documentation available for review by the
DEPARTMENT. The RESPONSE shall refer to and apply the language of the
contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE
within the sixty (60) day period constitutes agreement with any disallowance of an
item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. If the DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEPARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
PA 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below m
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work - All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent F APG Directives and Guidelines of the FHWA.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ". or
"Final Billing".
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies. the
DEPARTMENT will act as billing agent for the REQUESTING PARTY.
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHW A for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies. the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
1. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable, State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days ofreceipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS, the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 IO
2. In the event that the bid, plus contingencies, for the contracted. and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract. the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
1. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved. shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENT procedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, . the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan .or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (I 0) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHWA, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent(] 00%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT. at no cost to the
DEPARTMENT or the PROJECT. each of the parties hereto. within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required. except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual of Uniform Traffic control Devices. and will not install. or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC 109(d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration
for traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
C. Cause to be enacted, maintained and enforced, ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, if required.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTION V
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHW A and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA. all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (10th) fiscal year following the fiscal year in which the FHW A and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA, all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT, will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary, the required
information.
D. In connection with the performance of PROJECT work under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, I 975a-l 975d, and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions1 or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment.
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section I of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties ofa particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfof the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' rep.resentative of the contractor's commitments under th.is app~ndix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the StateofMichigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation ofan existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (I) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(R.-·. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of i!)formation, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: May 17, 2004
To: Honorable Mayor and City Commissioners
from: Melissa Haug, Recreation/Marina Supervisor
RE: DNR Harbors and Docks-Mooring Construction
Agreement
SUMMARY OF REQUEST:
To approve the agreement with the. Department of Natural
Resources(DNR) for construction and improvements at
Hartshorn Municipal Marina.
FINANCIAL IMPACT:
$2,000,000 with the MDNR providing $1,000,000 as a 50%
match.
BUDGET ACTION REQUIRED:
Match will need to be provided by either a bond or loan
to be paid off by the marina
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
(231\724-6703
FAX: (231)722-1214
~\5f}12I'.f.J\rsaliiation
FAX: (231)726-5181
City Manager West Mlddgan's Shoreline City
(231)724-6724
FAX: (231)722-1214
Civil Service
(231\724-6716
FAX: (231)724-4405 Date: May 17, 2004
To: Honorable Mayor and City Commissioners
Clerk
(231)724-670S
FAX: (231)724-4178 From: Melissa Haug, Recreation/Marina Supervisor
Re: DNR Harbors and Docks-Mooring Construction
Agreement
Computer Info,
a~H{~'l'-~144 I am requesting your approval of the attached grant
FAX: (231)722-4301
agreement with the DNR for money to do scheduled
improvements at Hartshorn Municipal Marina. The work
will include, rebuilding the seawalls, reconfiguring
docks, and other necessary improvements based on the
engineering study done by The Abonmarche Group in 2001.
The total grant is for $2,000,000 with the local match
of the services to the City being $1,000,000 as the
Income Tax
(23ll724-6770 grant requires a 50% match. The match will need to be
FAX: (231)724-6768
in the form of a loan or bond that would be repaid by
the marina fund.
Leisure Services
(231)724-6704
Thank you for your consideration.
FAX: (231)724-1196
Plannin!YZoning
(23ll724'6702
FAX: (231)724-6790
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
~f/ffzl~~"i\ Dept.
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.,O. ~ox 536, Muskegon, MI 49443-0536
www.s.horelmeC'dv.com
STATE OF MICHIGAN
JENNIFER M. GRANHOLM DEPARTMENT OF NATURAL RESOURCES K. L. COOL
GOVERNOR LANSING DIRECTOR
May 4, 2004
Ms. Melissa Haug
Recreation Marina Supervisor
Department of Leisure Services
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443-0536
Dear Ms. Haug:
Subject: Grant-in-Aid Agreement between the City of Muskegon and the Michigan
Department of Natural Resources
Enclosed are two copies of a Gran\.in-Aid Agreement between City of Muskegon and the
Michigan Department of Natural Resources, in the rehabilitation and upgrade of the Hartshorn
Marina facilities. Also enclosed are two copies of a Resolution for adoption by the City authorizing
execution of the Agreement.
After the Resolution and Agreement are signed, all copies should be returned to me for
Department signatures. One rompletely executed copy of the Agreement will then be returned for
the City's files.
If, after reviewing these materials, you have any questions, do not hesitate to call me.
Sincerely,
Paul Petersen
Program Manager
Parks and Recreation Bureau
517-335-3033
PP:dm
Enclosures
STEVENS T. MASON BUILDING• P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528
www.michigan.gov • (517) 373-2329
RESOLUTION
Upon motion made by __V____;:_i_c_e--'--'M..:..Ca..._y....;;_o-=-r--=L=a=r-=s:....::o=n=--------' seconded by
Commissioner Gawron the following Resolution was adopted:
"RESOLVED, that the City of Muskegon, Michigan, does hereby accept the terms of the
Agreement as received from the Michigan Department of Natural Resources, and that the City
does hereby specifically agree, but not by way of limitation, as follows:
1. To appropriate the sum of One Million dollars ($1,000,000.00) to match the One
Million dollars ($1 ,000,000.00) State grant authorized by the Department.
2. To maintain satisfactory financial accounts, documents, and records and to make
them available to the Department for auditing at reasonable times.
3. To construct the facility and provide such funds, services, and materials as may be
necessary to satisfy the terms of the said Agreement.
4. To establish and appoint the City of Muslrngon I to
regulate the use of the facility constructed and reserved under this Agreement to assurethe use
thereof by the public on equal and reasonable terms.
5. · To enforce within the confines of the City all State statutes and local ordinances.
pertaining to marine safety and to enforce statutes of the State of Michigan within the confines
of the City pertaining to the licensing of watercraft. Watercraft not fully complying with the laws
of the State of Michigan relative to licensing shall not be permitted to use the said facility until
full compliance with such laws has been made.
6. To comply with any and all terms of the said Agreement including all terms not
specifically set forth in the foregoing portions of this Resolution."
The following aye votes were recorded: __
7_ _ __
o____
The following nay votes were recorded : __
STATE OF MICHIGAN )
) §
COUNTY OF MUSKEGON )
I, Ga i 1 A. Kund i nge i; Clerk of the City of Muskegon, Michigan, do hereby certify
that the above is true and correct copy of the Resolution relative to the Agreement with the
Michigan Department of Natural Resources which Resolution was adopted by the City Board at
a meeting held June 8 , 2004. , /
L O-~~y?
·City Clerk
Da~d: June 8, 2004
AGREEMENT
2004-55(a)
Harbors and Docks - Mooring Construction
THIS AGREEMENT, made this _ _s_t_h___ day of June 2004, by and
between the CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, hereinafter referred to
as the "City", and the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, an agency of
the State of Michigan, hereinafter referred to as the "Department".
WHEREAS, the City is an important center of recreational boating activity and serves as
a refuge point for shallow-draft recreational vessels; and
WHEREAS, the City has solicited the aid and assistance of the Department in the
rehabilitation and upgrade of the Hartshorn Marina facilities_; and
WHEREAS, the City and Department jointly participated in the engineering study for
preparation of plans and specifications; and
WHEREAS, the Department agrees to enter into a program with the City to construct
facilities costing an estimated total of Two Million dollars ($2,000,000.00), said amount to be
shared between the City and the Department through this Waterways Grant Agreement, with
the funds to be shared 50% State, One Million dollars ($1,000,000.00), and 50% City, One
Million dollars ($1,000,000.00).
NOW, THEREFORE, in consideration of the mutual promises and conditions hereinafter
contained, the parties agree as follows:
1. It is agreed by and between the parties hereto that this Agreement shall be
administered on behalf of the Department through its Parks and Recreation Bureau. All reports,
documents, or actions required of the City by this Agreement shall be submitted to the Acting
Bureau Chief, Parks and Recreation Bureau, Mason Building, Third Floor, P.O. Box 30257,
Lansing, Michigan 48909.
2. The use herein of the words "plans and specifications" shall mean those plans
and specifications developed for the City of Muskegon for Hartshorn Marina, prepared by a
consulting firm duly licensed to perform professional services within the State of Michigan
3. The Department agrees as follows:
(a) To grant to the City a sum of money equal to Fifty (50) percent of the cost
of construction of the facilities called for by the said plans and specifications, including final
engineering costs, but which shall not in any event exceed One Million dollars ($1,000,000.00).
(b) The monies herein granted shall be released according to the following
schedule:
Twenty-five (25) percent of the total grant upon acceptance
by the City of the terms of this Agreement, written
Department approval - of final plans and specifications
(bidding documents), receipt of all necessary permits, and
upon an award of contract to a competent contractor to
accomplish the work called for by the said plans and
specifications following bidding procedures acceptable to
the State and City.
The remaining portions of the State Funds, except for the
final Ten (10) percent thereof, shall be disbursed upon
completion of work and receipt from the contractor of
progress payment requests that are approved for payment
by the project manager/engineer. The final Ten (10)
percent of State Funds hereinbefore authorized shall be
paid upon completion of the project and 60 days after
receipt of project cost documentation to the Department by
Harbors and Docks Grant-in-Aid 2
City ofMuskegon
the City or completion of an audit of the expenditures
therefore by the Department, whichever occurs first.
(c) To advise in the operation of said facilities by making available to the City
the resources of the Department and the experience gained by the Department in construction
and operating similar boating projects in other parts of the State of Michigan.
4. The City agrees as follows:
(a) To immediately appropriate the sum of One Million ($1,000,000.00)
dollars. This sum represents Fifty (50) percent of the total cost of the project work called for by
this Agreement. Any additional funds needed to complete this work, called for in this
Agreement, shall be provided by the City.
(b) To construct the facilities to the satisfaction of the Department, and to
provide such funds, seivices, and materials as may be necessary to satisfy the terms of this
Agreement. The City agrees that there shall be no deviation from the said plans and
specifications without the express consent in writing of theActing Bureau Chief of the Parks and
Recreation Bureau of the Department.
(c) To use all funds granted by the Department to this Agreement solely for
the conduct and completion of the project work. The City shall maintain satisfactory financial
accounts, documents and records and shall make them available to the Department for auditing
at reasonable times. Such accounts, documents, and records shall be retained by the City for a
period of not less than three (3) years following completion of the study called for herein.
(d) To establish or assign a competent and proper agency of said City to
operate said facilities, and to regulate the use thereof and to provide for the maintenance
thereof to the satisfaction of the Department, and to appropriate such monies and/or provide
such seivice as shall be necessary to provide such adequate maintenance.
(e) To provide to the Department for approval, a complete tariff schedule
containing all charges to be assessed aga_inst watercraft utilizing such facilities, and to provide
the Department for approval, all amendments thereto prior to the effective date of such
amendments. Any fee schedule adopted by the City shall provide for sufficient income to defray
operating and maintenance expenses of the project exclusive of depreciation. No fees shall be
imposed for the use of such facilities unless they have been specifically approved by the
Department in writing. Any net revenues accruing from the operation of the facilities shall be
separately accounted for and reserved in a restricted fund by the City for the future maintenance
and/or expansion of the facility, or with the Department's approval, for the construction of other
recreational boating facilities. Written approval to vary from fee rates set by the Michigan State
Waterways Commission shall be requested annually.
(f) To enforce within the confines of the City all state and local statutes and
ordinances pertaining to marine safety, !icensing of \•Vatercraft, and the dispensing of marine
fuel.
(g) To furnish the Department, upon request, detailed statements covering
the annual operation of said facilities, including boat traffic, income, and expenses for the 12
months ending December 31 st of each year.
(h) To hold and save the State of Michigan and the Department free from
damages or any suits brought against the City due to construction and/or maintenance of said
facilities, and to provide such evidence of the obligation as the Department may reasonably
require.
Harbors and Docks Grant-in-Aid 3
City ofMuskegon
(i) To maintain throughout the life of this Agreement suitable signs for both
land and water approached designating this project as one having been constructed by the City
and the Department. The size, color, and design of these signs shall be approved by the
Department before being constructed.
(i) To adopt such ordinances and/or resolutions as shall be required to
effectuate the provisions of this Agreement; certified copies of all such ordinances and/or
resolutions adopted for such purposes sh~ll be foiwarded to the Department prior to the
effective date thereof.
(k) To participate in the State Harbor Reservation System.
(I) To provide upon request, a seasonal boat slip at no cost for Department-
owned vessels.
5. It is expressly understood and agreed by and between the parties hereto that
neither this Agreement, nor any section, paragraph, provision, or portion hereof shall be in any
way construed to impose any obligation of wh~tsoever nature, financial or otheiwise upon the
Department as regards the subsequent operation and/or maintenance of any recreational
boating facilities.
6. It is agreed by and between the parties hereto that the facilities constructed
under this Agreement and the land and water access ways to the said facilities shall be
constructed only in accordance with the plans and specifications approved by the Department.
7. It is agreed by and between the parties hereto that no less than One Hundred
(100%) percent of facilities constructed pursuant to this Agreement, or pursuant to any
amendments or extensions thereof, shall, in perpetuity, be reserved by the City for the exclusive
use and/or rental, on a daily basis, by the operations of recreational watercraft, unless otherwise
authorized in writing by the Department.
8. It is agreed by and between the parties hereto that commercial operation of any
type shall not be permitted to regularly use any of the said facilities or to be located thereon
without first securing the approval in writing of both the City and the Department.
9. It is agreed by and between the parties hereto that the facilities constructed
under this Agreement and the land and water access ways to the said facilities shall be open to
the public at all times on equal and reasonable terms and that no individual shall be denied
ingress or egress thereto or the use thereof on the basis of race, color, religion, national origin,
or ancestry, and any violation of this stipulation shall be deaned to be a material breach of
Contract, subject to penalties as hereinafter provided.
(a) In connection with the performance of work or exercise of right and
privileges granted under this Agreement, the City agrees as follows:
(1) It will not discriminate in any solicitation or advertisement or
against any employee or applicant for employment, on the basis of race, color, religion, national
origin, age, sex, ancestry, height, weight, or marital status. Such action shall include, but not be
limited to: employment upgrading; demotion or transfer; recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
(2) It or its collective bargaining representative will send to each labor
union representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice advising the said labor union or workers' representative its
commitments under this Paragraph.
Harbors and Docks Grant-in-Aid 4
City of Muskegon
(3) It will comply with all published rules, regulations, directives, and
orders of the Michigan Civil Rights Commission relevant to Section 206, 1976 PA 453, as
amended.
(4) It will furnish and file compliance reports within such time and
upon such forms as provided by the Michiga!l Civil Rights Commission; said forms may also
elicit information as to the practices, policies, program, and employment statistics of each
Subcontractor as well as the City itself, and s8.id City will permit access to its books, records,
and accounts by the Michigan Civil Rights Commission, and/or its agent, for purposes of
investigation to ascertain compliance with this contract and with rules, regulations, and orders of
the Civil Rights Commission relevant to Section 206, 1976 PA 453, as amended.
(5) In the event that the Civil Rights Commission finds, after a hearing
held pursuant to its rules, that a Contractor has not complied with the contractual obligations
under this Agreement, the Civil Rights Commission may, as part of its orderbased upon such
findings, certify said findings to the State Administrative Board of the State of Michigan, which
Board may order the cancellation of the Contr~ct found to have been violated, and/or declare
the City ineligible for future contracts with the State and its political and civil subdivisions,
departments, and officers, and including the governing boards of institutions of higher
education, until the City complies with said order of the Civil Rights Commission. Notice of said
declaration of future ineligibility may be given to any or all of the persons with whom the City is
declared ineligible to contract as a contracting party in future contracts. In any case before the
Civil Rights Commission in which cancellation of an existing contract is a possibility, the
contracting agency shall be notified of such possible remedy and shall be given the option by
the Civil Rights Commission to participate in such proceedings,
(6) The City will include, or incorporate by reference, the provisions of
the foregoing Subparagraphs (1) through (5) in every subcontract or purchase order unless
exempted by the rules, regulations or orders of the Michigan Civil Rights Commission, and will
provide in every subcontract or purchase order that said provisions will be binding upon each
Subcontractor or seller.
10. The City hereby represents that it possesses good and clear title to all lands
involved in this project, and that it will defend any suit brought against either party which
involves title, ownership, or specific rights, including appurtenant riparian rights, of any lands
connected with or affected by this project.
11. It is agreed by and between the parties hereto that the facilities constructed
under this Agreement shall not be wholly or partially conveyed, either in fee or otherwise or
leased for a term of years or for any other period, nor shall there be any whole or partial transfer
of the title, ownership, or right of maintenance or control by the City except with the written
approval and consent of the Department.
12. Any failure by the City to abide by any of the conditions, promises, covenants,
agreements, or like undertakings contained in this Agreement, shall constitute a material breach
of this Agreement and shall entitle the Department to damages. As said damages, the
Department shall be offered the following options:
(a) To purchase said facilities and the right of access thereto over City
property at the existing value of said facilities, less any financial contribution made by the
Department, said value to be determined in the manner outlined hereafter;
Harbors and Docks Grant-in-Aid 5
City ofMuskegon
Before any exercise of these options shall be made by the Department, the value of the
facilities shall be determined by three competent appraisers; one to be selected by the City, one
to be selected by the Department, and the third to be selected by the first two appraisers
appointed. The total fees of these appraisers! including expenses, shall be equally shared by
the Department and the City. The appraisal shall be limited to the value ofthe facilities for the
construction, repair, or rehabilitation of which the facilities are located. No value shall be
assigned to the right of access to the facilities over City property. The Department shall have
ninety (90) days from the date of receipt of the appraisals within which to exercise its option.
Should the Department fail to exercise the option within said period, the City shall pay to the
Department a sum equal to the total financial contribution made by the Department towards the
construction or maintenance of the facilities.
(b) To accept from the City a sum equal to the total financial contribution
made by the Department towards the construction or maintenance of the facilities.
13. This Agreement shall not be effective until the State funds herein provided for are
appropriated by the Michigan Legislature and their release is approved by the Administrative
Board of the State of Michigan.
14. The rights of the Department under this Agreement shall continue in perpetuity.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
the day and date first above written.
WITNESSES: CITY OF MUS
~~ o, LV'~iJ
Title: Mayor
r2ftflf/tkh-
MICHIGAN DEPARTMENT OF
NATURAL RESOURCES
•. ?' ~
By.--=? ~
irk-xi~1tc Lowen Schuett, Acting Chief
Parks and Recreation Bureau
RESOLUTION
Upon motion made by -~V~i~c~e~M~a~y~o"r~L~a~r~s~o~n~----~• seconded by
---=C=o"'m"'m"i"'s""s'"i"'o~n~e~r~G~a~w~r~o~n"-------- the following Resolution was adopted:
"RESOLVED, that the City of Muskegon, Michigan, does hereby accept the terms of the
Agreement as received from the Michigan Department of Natural Resources, and that the City
does hereby specifically agree, but not by way 9f limitation, as follows:
1. To appropriate the sum of One Million dollars ($1,000,000.00) to match the One
Million dollars ($1,000,000.00) State grant authorized by the Department.
2. To maintain satisfactory financial accounts, documents, and records and to make
them available to the Department for auditing at reasonable times.
3. To construct the facility and provide such funds, seivices, and materials as may be
necessary to satisfy the terms of the said Agreement.
4. To establish and appoint the City of Muskegon • to
regulate the use of the facility constructed and reserved under this Agreement to assurethe use
thereof by the public on equal and reasonable terms.
5. To enforce within the confines of t.he City all State statutes and local ordinances
pertaining to marine safety and to enforce statutes of the State of Michigan within the confines
of the City pertaining to the licensing of watercraft. Watercraft not fully complying with the laws
of the State of Michigan relative to licensing shall not be permitted to use the said facility until
full compliance with such laws has been made.
6. To comply with any and all terms of the said Agreement including all terms not
specifically set forth in the foregoing portions of this Resolution."
The following aye votes were recorded: _ __!7_ _ __
The following nay votes were recorded: -~o~---
STATE OF MICHIGAN
§
COUNTY OF MUSKEGON
I, Gail A. Kundinge,; Clerk of the City of Muskegon, Michigan, do hereby certify
that the above is true and correct copy of _the Resolution relative to the Agreement with the
Michigan Department of Natural Resources which Resolution was adopted by the City Board at
a meeting held June 8 2004. ~ Q, ~
City Clerk
Dated: June 8, 2004
Date: May 25, 2004
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Polly Anna's Whole Foods
1848 E. Sherman Blvd., Suite 0
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Polly Anna's Whole Foods of
1848 E. Sherman Blvd. for a new SOM licensed business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Muskegon Police Department
A ~ ,,1. 'J::.~
eM4olP~
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 I) 724-6750 (231) 722-5 I 40 {<u
www.muskegonpolice.com
February 6, 2004
To: City Commission through the City Manager
From: ~ L _I ~ ~
Antony L. Kleibecker, Chief of Police
Re: Liquor License Request (New) - 1848 E. Sherman Blvd, Suite 0
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation of applicant Polly Wilson of 6627 Second St. in
Holton, Ml.
Ms. Wilson is requesting a new SDM license for a business - Polly Anna's Whole Foods
- located at 1848 E. Sherman Blvd, Suite 0, which is in a small cluster of stores just east
of the Target store. Ms. Wilson does not have prior experience in owning an alcohol-
serving establishment but she has 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
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 02-05-04
Re: Liquor License Request
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Polly Anna Wilson of 6627
Second Street, Holton, MI. 49425.
Polly Wilson is requesting a new SDM license for her business, Polly Anna's Whole
Foods, located at 1848 E. Sherman, Suite 0, Muskegon MI, 49444. Mrs. Wilson has had
no experience in the alcohol service industry but 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,
Det. Kurt Dykman
data/common/Cuti
RECEl\!ED
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION #238478
RESOLUTION
2004-SS(b)
At a _ Regular
_ _ _(,,._
Re-gu-,--l
ar- o-,
r Sc-
pe..,.cia-
1) _ _ _ __ __
meeting of the City of Muskegon Commission
(Township Board, City or Village Council)
called to order by Mayor Warmington on June 8, 2004 at 5 : 30 P.M.
--------'------
The following resolution was offered:
Moved by Commissioner Spataro and supported by Vice Mayor Larson
Thattherequestfrom Polly Anna Wilson, 1848 E . Sherman, Suite o, Muskegon,
MI 49444, Muskegon County, for a new SDM License
be considered for Approval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas :
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- - ------------::
(R,---
ec-om
- m-en..,.d,--:-do-r n
- ot._,,,R-
eco_m_m,-nd-:-,d,-
) - - - - - - - - -- -- - - -
State of Michigan
- - - - - -)
§
County of Muskegon )
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ ----,-:c,---i..,.,t-":y=--c,..,o"'"_m m:-::'.i,---s_s-=-1_·o--::-:-n_ _ _ _ at a ___ R_e-=g'--u_l_a_ r _ _ _ _ _ _ __ _ _
(Township Board, Ci ty or Village Council) (Regular or Special)
meeting held on June 8, 2004
(Date)
SEAL (Signed).__c.~~_.z:.:.....:.......l..!'.::=..'.....!:~~i::=-~
, (Township, City o
Ga i l A. Kundinger,
93 3 Ter r ace , Muske g o n, MI 49 4 40
(Mailing address of Township, City of Village)
Liquor Control Commission
7150 Harris Drive
STA TE OF MICHIGAN P.O. Box 30005
LIQUOR CONTROL COMMISSION Lansing, Michigan 48909-7505
DEPARTMENT OF LABOR & ECONOMIC GROWTH (517) 322-1345
DAVID C. HOLLISTER, DIRECTOR
Fax: (517) 322-6137
"~CR_ \ . '3 " - o' \
POLICE INVEDTIGJ.\TION REQUEST t'-."°'
(Authorized by MCL 436.1(4))
January 23, 2004
Request ID#: 238478
Muskegon Police Department
Attn: Chief of Police
980 Jefferson Street, PO Box 536
Muskegon, Ml 49443-0536
Chief Law Enforcement Officer
Applicant: Polly Anna Wilson, requests a new SOM licensed business, to be located
at 1848 E. Sherman Suite 0, Muskegon, Ml 49444 in Muskegon County.
Please make an investigation of this 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.
(1) Please include fingerprint card(s) and $30.00 for each card, and mail to the
Michigan Liquor Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400.
sr
LC-1972 Rev 01/02
4880-1658
LIQUOR LICENSE REVIEW FORLVC
Business Name:
--------------------
AK.<\ Business Name (if appiicaible): _ _ _ _ _ _ _ _ _ _ _ __
Operatoir/Manager's Name: fa II~ dnoa /4//.son
Business Address: E -Slzrcmaa Su1'!e 0
Reason for Review:
sJrrl · ·
New License ~ Transfer of ~wnership D 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 ffoenied D No Action Needed D
Income Tax Approved □ Owing 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 Signatnre i- L . I~
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Liquor Control Commission
7150 Harris Drive
STATE OF MICHIGAN
P.O. Box 30005
LIQUOR CONTROL COMMISSION
Lansing, Michigan 48909-7505
DEPARTMENT OF LABOR & ECONOMIC GROWTH
DAYID C. HOLLISTER, DIRECTOR (517) 322-1345
Fax: (517) 322-6137
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 {2d){3))
January 23, 2004
RequestlD:238478
Muskegon City Council
Attn: Clerk
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Polly Anna Wilson,
requesting a new SDM licensed business, to be located at 1848 E. Sherman Suite 0,
Muskegon, Ml 49444 in Muskegon County.
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for
consumption off the premises only. Specially Designated Distributor (SDD) licenses
permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol
by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local
law enforcement agency and investigative forms will be released to them either in
person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control
Act for off-premise licenses, the local governing body, or its designee, may notify the
Commission within 15 days of receipt of this letter if the applicant location will not be in
compliance with all appropriate state and local building, plumbing, zoning, fire,
sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and
ordinances applicable in this case, with a copy of the law and/or ordinance submitted
with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
LIQUOR LICENSE REVIEW FORl'1
Business Name:
--------------------
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
O:perato.B"/lVIanager's Name: Anoq /41/.saa
Business Add.:n-ess: E S/2ccmaa sS:01/e 0
Reason for Review:
sJ/11 . -
New License ~ Transfer of ~wnership D Dance Permit D
Drop/Add Name on License D· D
Transfer Location
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 D Owing D 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_~---!i,_-°"r-.-·.·.
.....
, _j
_?-· _:,
)- _· .....;
·--g -----+,
= :;...._-
·
l
u _{_c·~_(_ _ __
l-4,o.1.;._
Gail A. Kundinger, City Clerk
Liquor License Coordinator
t1 )
JA J
LIQUOR LICENSE REVIE\V FORlvI --Jr\J
· - · ,. _, ,·,r-11 Ml::NT
B'ilsiness ;fame:
--------------------
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
0peratoB""IN!anage:r's Name: lo II~ ft//.son
Business Address: E S/2ccmaa Su1/e 0
Reason fo:r Review:
s~/11 . .
New License JZJ Transfer of.~wnership D Dance Permit D
Drop/Add Name on License D· Transfer LocationO
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 NeededO
Income Tax Approved □ Owing _O Amount:
Treasurer Approved
□ Owing 0 Amount:
Zoning Approved~ Denied D Pending ZBA 0
Clerk's Approved D Owing □ Amount:
Fire/Inspection Compliance D Remaining Defects
Services
·~::::::~~·::.._f/~___:~~~~=======::::;____
Department Signature,--,j~~'-.L.
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORlvl
Business Name:
--------------------
AK..A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Opera to!!"/rvlanager' s Name: __._(c----=-a_,_~-'--:::1/~.....,,_...,,;J~tJ.L.Lo...:::q,__-----"'U'---"'/2....J......!...
·/-'=s..,.o'-.!.o....___ _
Business Address:
Reason for Review:
5~ffl - -
New License S' Transfer of- ~wnership D 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 □ Owing D Amount:
Treasurer Approved
□ Owing D Amount:
Zoning Approved □ Denied D Pending ZBA □--- O~
Clerk's Approved
□ Owing □ Amount: lliffiU/fl4w.J I, ,I ,01
Fire/Inspection
Services
Compliance D Remaining Defects .JI
Department Signature_ _ _ _ __ __ _ _ _ _ _ _ __ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORlv!
Business :fame:
--------------------
AK.A Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
O:peratol!"/lVIanager's Name: fa II~ Anaq /41/.soa
Business Add.rress: E .S/2ccmaa sS:u1'!e 0
Reason for Review:
5~/fl . .
New License jXI Transfer of~wnership O D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Peirmit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: __________
PoHce Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing D Amount: - - - -
Treasurer Approved O Owing D Amount: _ _ __
Zoning Approved D Denied D Pendi.ng-ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance O ~ f/epc.ff
Services
dw.·~. (µJPJe:_r 'cf-ta_«
0 ~ ~ (.._ J<•r~ ~:5/C..d:<1-.,,
bc...14: r ~ o(c..6•t:.. ~ ~ I S /'1,1 .._ Jl-..-_.
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIE\V FORlvl
BllsBness Name:
--------------------
AK.<\ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Ope.ratoir/f¥Ianager's Name: fa II~ A11oq tr//soo
Business Address:
Reason for Review:
s!Jrrl · ·
New License ~ Transfer of~wnership D Dance Permit D
Drop/Add Name on License □ O
Transfer Location
Drop/Add Stockholder Name D New Entert~inment Permit 0
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:
Zoning Approved □ Denied D Pending ZBA 0
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects Lu.rcc....1~l ~ hAu'
Services
(.:\~
\-
C)Ut~ ~
n ' N \ ~~W.C:. Lu
l
tLc... ~c..... e r.:..~ e:;<. c:~s.~ o ~ ('._~c-D_
f'Y'lus. · C..,on- c...c... \o~\<::>,C.... P..~~ro\J A-\
) _Q I /) µ'h \\ n'oc:_ :S\ \l c:~ ~
Department Signature~C;.0:c,J: l ) ~ · \r ~Co, a4
Gail A. Kundinger, City Clerk
Liquor License Coordinator
Liquor Control Commission
7150 Harris Drive
STATE OF MICHIGAN P.O. Box 30005
LIQUOR CONTROL COMMISSION Lansing, Michigan 48909-7505
DEPARTMENT OF LABOR & ECONOMIC GROWTH (517) 322-1345
DA YID C. HOLLISTER, DIRECTOR
Fax: (517) 322-6137
LOCAL GOVERNMENT 15-DAY NOTICE
[Authorized by MAC 436.1105 (2d)(3)]
January 23, 2004
Request ID: 238478
Muskegon City Council
Attn: Clerk
933 Terrace Street
PO Box 536
Muskegon, Ml 49443-0536
The Liquor Control Commission has received an application from: Polly Anna Wilson,
requesting a nev, SOM !icensed business, to be located at 1848 E. Shen-nan Suite 0,
Muskegon, Ml 49444 in Muskegon County.
Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for
consumption off the premises only. Specially Designated Distributor (SDD) licenses
permit the sale of alcoholic liquor, other than beer and wine under 21 per cent alcohol
by volume, for consumption off the premises only.
For your information, part of the investigation of the application is conducted by the local
law enforcement agency and investigative forms will be released to them either in
person or by mail.
Although local governing body approval is not required by the Michigan Liquor Control
Act for off-premise licenses, the local governing body, or its designee, may notify the
Commission within 15 days of receipt of this letter if the applicant location will not be in
compliance with all appropriate state and local building, plumbing, zoning, fire,
sanitation and health laws and ordinances, or if the applicant is considered ineligible
due to other factors.
All conditions of non-compliance must be outlined in detail, indicating the laws and
ordinances applicable in this case, with a copy of the law and/or ordinance submitted
with notification.
PLEASE RETURN YOUR RESPONSE TO:
Michigan Liquor Control Commission
Licensing Division
P.O. Box 30005
Lansing, Michigan 48909-7505
sr
LC-3104 Rev. 6/90
4880-2068
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 www.shorellnecity.com
(231 )724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (231)724-4405
April 1, 2004
Clerk
(23 I )724-6 705
FAX (231)724-4178
Comm, & Neigh.
Services Polly Anna Wilson
(231)724-6717
FAX (231)726-2501 6627 Second Street
Engineering
Holton, MI 49425
(231)724-6707
FAX (231)727-6904
Dear Ms. Wilson:
Finance
(231 )724-6713
FAX (231)724-6768 I have received a letter from the Liquor Control Commission reference your
request for a new SDM License at 1848 E. Sherman, Suite 0. This request has
Fire Department
(231)724-6792 been sent to City Hall departments for their approval. Three of the departments
FAX (231)724-6985 have not approved your request. The business is not registered. Please fill out the
Income Tax enclosed application and return it with $30 to the Clerk's Office. An inspection
(231 )724-6770
FAX (231)724-6768 of the building is required by the Fire Marshal. Please contact the Fire
Department at 724-6792 to set up the inspection. The Inspection Department
Info. Technology
(231 )724-4126 stated there is an issue with the use of an extension cord. Please contact the
FAX (231)722-4301 Inspection Department at 724-6715.
Inspection Services
(231)724-6715
FAX (231)728-4371
This request will then be presented to the City Commission for their
recommendation. If you have any questions, please contact me at 724-6915.
Leisure Services
(231)724-6704
FAX (231)724-1196 Thank you,
Mayor's Office
(231)724-6701
FAX (231)722-1214 dl/1~£°' ttt1/(,
Planning/Zoning
(231)724-6702
Linda Potter, CMC
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 (23 I )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
Affinnative Action
(231)724-6703
FAX (231)722-1214
Assessor
(23 I )724-6 708
FAX (231)726-5181
Cemetery
(231)724-6783
FAX (231)726-5617
West Michigan's Shoreline City
City Manager www.shorellnecity.com
(231)724-6724
FAX (231)722-1214
Civil Service
(231)724-6716
FAX (23 I )724-4405
June 3, 2004
Clerk
(23 I )724-6 705
FAX (231)724-4178
Comm. & Neigh.
Services Ms. Polly Wilson
(231)724-6717 1848 E. Sherman, Suite 0
FAX (231)726-2501
Muskegon, MI 49444
Engineering
(231)724-6707
FAX (231 )727-6904 Dear Ms. Wilson:
Finance
(231)724-6713 This letter is to inform you that your request for a new SDM License will be
FAX (231)724-6768
presented to the City Commission on June 8, 2004. This meeting begins at 5:30
Fire Department p.m. and is located in the City Commission Chambers, 933 Terrace, Muskegon,
(231)724-6792
FAX (231)724-6985 MI.
Income Tax
(231)724-6770 This request has also been sent to the East Muskegon Neighborhood Association
FAX (231)724-6768
for their comments. It is Commission practice to let the Neighborhood
Info. Technology Association know of any liquor license requests that are located within their
(231 )724-4126
FAX (231)722-4301 boundaries. This allows for comments from the people who live there and not
just from the owners of the business' who are located there.
Inspection Services
(231)724-6715
FAX (231)728-4371
Sincerely,
Leisure Services
(231)724-6704
FAX (231)724-1196
Mayor's Office
(231)724-6701 Linda Potter
FAX (231)722-1214
Deputy Clerk
Planning/Zoning
(231)724-6702
FAX (231)724-6790
Pol ice Department
(231)724-6750
FAX (231 )722-5 I 40
Public Works
(231)724-4100
FAX (231 )722-4 I 88
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
June 3, 2004
Ms. Jacqueline Vines, President
East Muskegon Neighborhood Alliance
2174 Continental
Muskegon,MI 49442
Dear Ms. Vines:
We have received a letter from the Liquor Control Commission reference a
request from Polly Anna's Whole Foods, located at 1848 E. Sherman, Suite 0, for
a new SDM license. A SDM license permits the sale of beer and wine for
consumption off the premises. On Tuesday, June 8, 2004, the City Commission
will review this request and determine whether or not it should be recommended
for approval.
You are being sent this notice because the City Commission would like to know
how the Neighborhood Association feels and would appreciate any comments that
they may have. You may send these comments to 933 Terrace, Muskegon, MI
49440 or attend the City Commission Meeting on June 8, 2004, at 5:30 p.m. in the
Commission Chambers.
If you have any questions, please feel free to contact me at 724-6705.
Sincerely,
Linda Potter
Deputy Clerk
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Affinnative Action
(23 I )124-6 703
FAX (231)722-1214
Assessor
(231)724-6708
FAX (231)726-5 I 81
Cemetery
{23 I )724-6 7 83
FAX (231)726-5617
City MMager
West Michigan'• Shoreline City
www.shorellnecity.com
(231)724-6724
FAX (231)722-1214
Civ ii Service
(23 I )724-6 716
FAX (231 )724-4405
Clerk June 9, 2004
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717 Liquor Control Commission
FAX (231)726-2501
7150 Harris
Engineering
(23 I )724-6 707
PO Box30005
FAX (231 )727-6904 Lansing, MI 48909-7505
Finance
(231)724-6713 REF: #238478
FAX (231)724-6768
Polly Anna Wilson
Fire Department 1848 E. Sherman, Suite 0
(231)724-6792
FAX (23 I )724-6985 Muskegon, MI 49444
Income Tax
(231)724-6770 To Whom It May Concern:
FAX (231)724-6768
Info. Technology Enclosed is the Resolution, form LC-1800, print cards and check for Polly Anna
(231 )724-4126
FAX (231)722-4301 Wilson that was recommended for approval at the June 8, 2004, City Commission
Meeting.
Inspection Services
(231)724-6715
FAX (231)728-4371 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
Leisure Services
(231)724-6704
FAX (231)724-1196 Sincerely,
Mayor's Office
(231)724-6701
FAX (231)722-1214
Planning/Zoning Linda Potter
(231)724-6702 Deputy Clerk
FAX (231)724-6790
Pol ice Department
(23 I )724-6 7 50
Enc.
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 (23 1)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
httn•//VTY11w chl\rPlinPritv l"nm
Date: June 8, 2004
To: Honorable Mayor and City Commissioners
From: Public Works
RE: Illicit Discharge and Connection Ordinance
SUMMARY OF REQUEST:
The City's permit (Certificate of Coverage) to discharge storm water to waters of the
state requires the adoption of an ordinance to prohibit illicit connections of non-storm
water to the municipal storm water collection system. The attached ordinance is
recommended by our consultant, FTCH, and has been reviewed and approved as
corrected by the City Attorney.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None. Expenses are budgeted under the Storm Water Budget.
STAFF RECOMMENDATION:
To approve the adoption of the Illicit Discharge and Connection Ordinance.
CITY OF MUSKEGON
Ordinance No. 2135
An ordinance adopting the Illicit Discharge and Connection ordinance of the City of
Muskegon
THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 26 of the Code of Ordinances is amended to read as follows:
ARTICLE VII GENERAL
SECTION 26-300 STATUTORY AUTHORITY AND TITLE
The City of Muskegon shall administer, implement, and enforce the provisions of the ordinance.
Any powers granted, or duties imposed, upon the City of Muskegon may be delegated in writing
by the City Manager of the City of Muskegon to persons or entities acting in the beneficial
interest of, or in the employ of the City of Muskegon.
SECTION 26-301 FINDINGS
The City of Muskegon finds that:
(I) Illicit discharges contain pollutants that will significantly degrade the waterbodies and
water resources of the City of Muskegon, thus threatening the health, safety, and welfare
of the citizenry.
(2) Illicit discharges enter the storm water drainage system through either direct connections
(e.g., wastewater piping either mistakenly or deliberately connected to the storm drains)
or indirect connections (e.g., infiltration into the storm drain system or spills connected
by drain inlets).
(3) Establishing the measures for controlling illicit discharges and connections contained in
this Ordinance and implementing the same will address many of the deleterious effects of
illicit discharges.
(4) Any condition caused or permitted to exist in violation of any of the provisions of this
Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a
nUisance.
SECTION 26-302 PURPOSE
It is the purpose of this Ordinance to establish minimum storm water management requirements
and controls to accomplish, among others, the following objectives:
(I) To regulate the contribution of pollutants to the storm water drainage system and
waterbodies by storm water discharges by any user.
(2) To prohibit illicit discharges and connections to the storm water drainage system and
waterbodies.
(3) To establish legal authority to carry out all inspection, surveillance, and monitoring
procedures necessary to ensure compliance with this Ordinance.
( 4) To provide appropriate remedies for failure to comply with this Ordinance.
SECTION 26-303 APPLICABILITY AND GENERAL PROVISIONS
This Ordinance shall apply to all discharges entering the storm water drainage system and
waterbodies generated on any developed and undeveloped lands.
SECTION 26-304 DEFINITIONS
For the purpose of this Ordinance, the following words and phrases shall have the meanings
respectively ascribed to them by this section, unless the context in which they are used
specifically indicates otherwise:
Authorized Drforcement Agency: The City of Muskegon and/or any persons or agencies
designated to act as the Authorized Enforcement Agency by the City of Muskegon.
Rest Management Practices (HMPs): Structural devices or nonstructural practices that are
designed to prevent pollutants from entering storm water flows, to direct the flow of storm water,
or to treat polluted storm water flows. BMPs may include, but shall not be limited to, those
described in the Michigan Department of Environmental Quality Guidebook ofBMPs for
Michigan watersheds. Equivalent practices and design criteria that accomplish the purposes of
this Ordinance (including, but not limited to, minimizing storm water runoff and preventing the
discharge of pollutants into storm water) shall be as determined by the City ofMuskegon
Engineer.
Clean Water Act: The Federal Water Pollution Control Act, 33 USC Section 1251 et seq., as
amended, and the applicable regulations promulgated thereunder.
Discharge: means the introduction (intentionally or unintentionally, and directly or indirectly) of
any liquid, substance, pollutant, or other material into a storm water drainage system or water
body.
Discharger: Any person who directly or indirectly discharges storm water from any premises.
Discharger also includes any employee, officer, director, partner, contractor, or other person who
participates in, or is legally or factually responsible for, any act or omission that is, or results in,
a violation of this Ordinance.
Drain: Any and all conduits, facilities, measures, areas, and structures that serve to convey,
catch, hold, filter, store, and/or receive storm water or groundwater, either on a temporary or
permanent basis.
Drainage: The collection, conveyance, or discharge of groundwater and/or surface water.
Drainageway: A drain, water body, or floodplain.
EPA: The U.S. Environmental Protection Agency (EPA).
Floodplain: The area, usually low lands, adjoining the channel of a river, stream, or watercourse
or lake, or other body of standing water, that has been or may be covered by floodwater.
Hazardous Materials: Any solid, liquid, semisolid, or gaseous substance or material that
because of its quantity, quality, concentration, or physical, chemical, or infectious characteristics
may cause or significantly contribute to an increase in mortality or an increase in serious
irreversible illness or serious incapacitating but reversible illness, or may pose a substantial
present or potential hazard to human health or the environment if improperly treated, stored,
transported, disposed of, or otherwise managed.
Illicit Connection: Any method, means, or conduit for conveying an illicit discharge into a water
body or a storm water drainage system.
Illicit Discharge: Any discharge to a water body or a storm water drainage system that does not
consist entirely of storm water, that is not authorized by the terms of an NPDES permit, or that is
not an authorized discharge as defined by this Ordinance.
MDEQ: Michigan Department of Environmental Quality.
National Pollutant Discharge Elimination System (NPDES) Permit: A permit issued by the EPA
or a state under authority delegated pursuant to the Clean Water Act that authorized the
discharge of pollutants to waters of the United States.
Non-Storm Water Discha,ge: Any discharge to the storm water drainage system or a water body
that is not composed entirely of storm water.
Person: An individual, firm, partnership, association, public or private corporation, public
agency, instrumentality, or any other legal entity.
Pollutant: The term pollutant includes, but is not limited to, the following: any dredged spoil,
solid waste, vehicle fluids, yard wastes, animal wastes, agricultural waste products, sediment,
incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
wastes, radioactive materials, hazardous materials, wrecked or discharged equipment, rock, sand,
cellar dirt, and industrial, municipal, commercial, and agricultural waste, or any other
contaminant or other substance defined as a pollutant under the Clean Water Act. Pollutant also
includes properties or characteristics of water, including, but not limited to, pH, heat, TSS,
turbidity, color, BOD, COD, toxicity, and odor.
Premises: Any building, structure, lot, parcel ofland, or portion ofland, or property, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Property Owner: Any person having legal or equitable title to premises or any person having or
exercising care, custody, or control over any premises.
State ofMichigan Water Quality Standards: All applicable state rules, regulations, and laws
pertaining to water quality, including the provisions of Section 3106 of Part 3 I of I 994 PA 451,
as amended.
Storm Water Drainage System: Storm sewers, conduits, curbs, gutters, catch basins, drains,
ditches, pumping devices, parking lots, roads, or other man-made channels that are designed or
used, singly or together in combination with one another, for collecting or conveying storm
water.
Storm Water Pollution Prevention Plan: A document, that describes the BMPs and activities to
be implemented by a person or business to identify sources of pollution or contamination at a site
and the actions to eliminate or reduce pollutant discharges to storm water, a storm water drainage
system, and/or a water body to the maximum extent practicable.
Storm Water Runoff (or Storm Water): The runoff and drainage of precipitation resulting from
rainfall, snowmelt, or other natural event or process.
Toxic Material: Any pollutant or combination of pollutants that is or can potentially be harmful
to the public health or the environment, including, without limitation, those listed in 40 CFR
401.15 as toxic under the provisions of the Clean Water Act, or listed in the Critical Materials
Register promulgated by the Michigan Department of Environmental Quality, or as otherwise
provided by local, state, or federal laws, rules, or regulations.
Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from
a premises. The term includes any water that has in any way been used and degraded or
physically or chemically altered.
Water Body: A river, lake, stream, creek, or other watercourse or wetlands.
Section 26-305 PROHIBITED DISCHARGES
(I) It is unlawful for any person to discharge, or cause to be discharged, to a storm water
drainage system or water body any substance or material, including, but not limited to,
pollutants or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards, other than storm water or an authorized discharge.
This prohibition includes the commencement, conducting, or continuance of any illicit
discharge by any person to a storm water drainage system or water body.
(2) Any person discharging storm water shall effectively prevent pollutants from being
discharged with the storm water, except in accordance with BMPs.
(3) The Authorized Enforcement Agency is authorized to require dischargers to implement
pollution prevention measures, using Storm Water Pollution Prevention Plans and BMPs,
as determined necessary by the Authorized Enforcement Agency to prevent or reduce the
discharge of pollutants to a storm water drainage system or water body.
(4) The discharge prohibitions of this section shall not apply to any non-storm water
discharge authorized under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the EPA, provided the discharger
is in full compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been granted for
any discharge to the storm water drainage system.
SECTION 26-306 PROHIBITED ILLICIT CONNECTIONS
(I) It is unlawful for any person to construct, use, maintain ( or to allow the construction, use,
maintenance or continued existence of} an illicit connection.
(2) This prohibition expressly includes, without limitation, illicit connections made prior to
the effective date of this Ordinance, and regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of connection.
SECTION 26-307 AUTHORIZED DISCHARGES
The following non-storm water discharges are permissible, but only if they do not result in a
violation of State of Michigan water quality standards and provided that they are undertaken in
compliance with any applicable or required BMPs:
(1) Water supply line flushing.
(2) Landscape irrigation runoff.
(3) Diverted stream flows.
(4) Rising groundwater.
(5) Uncontaminated groundwater infiltration to storm drains.
(6) Uncontaminated pumped groundwater.
(7) Discharges from portable water sources.
(8) Foundation drains.
(9) Air conditioning condensate.
(10) Irrigation water.
(I 1) Springs.
(12) Water from crawl space pumps.
( 13) Footing drains and basement sump pumps.
( 14) Lawn watering runoff
( 15) Waters from non-commercial car washing.
(I 6) Flows from riparian habitats and wetlands.
(17) Residential swimming pool water and other dechlorinated swimming pool water,
provided that any filter backwash water that is present is treated.
( 18) Residual street wash water.
( 19) Discharges or flows from emergency fire fighting activities.
(20) Discharges specifically authorized in writing by the Authorized Enforcement Agency as
being necessary to protect public health, welfare, and safety or the environment.
SECTION 26-308 STORAGE OF HAZARDOUS OR TOXIC MATERIALS IN
DRAINAGEWA Y
Except as permitted by law, it shall be unlawful for any person to store or stockpile, within a
drainageway, any hazardous or toxic materials, unless adequate protection and/or containment
has been provided so as to prevent any such materials from entering a storm water drainage
system or water body.
SECTION 26-309 INSPECTION AND SAMPLING
The Authorized Enforcement Agency may inspect and/or obtain samples from any discharger's
premises as necessary to determine compliance with the requirements of this Ordinance. Upon
request, the discharger shall allow properly identified representatives of the Authorized
Enforcement Agency to enter the premises of the discharger at all hours necessary for the
purposes of such inspection or investigation, including, but not limited to, smoke/dye testing,
televising pipes, sampling, and excavation. The Authorized Enforcement Agency shall provide
the discharger reasonable advance notice of the need for such access, if possible and consistent
with protection of public health and safety and the environment. The properly identified
representatives may place on the discharger's premises the equipment or devices used for such
sampling or inspection.
SECTION 26-310 STORM WATER MONITORING FACILITIES
If directed in writing to do so by the Authorized Enforcement Agency, a discharger of storm
water runoff from any premises used for commercial or industrial purposes shall provide and
operate equipment or devices for the monitoring of storm water runoff to provide for inspection,
sampling, and flow measurement of each discharge to a water body or a storm water drainage
system, as specified by the Authorized Enforcement Agency. The Authorized Enforcement
Agency may require a discharger to provide and operate such equipment and devices if it is
necessary or appropriate for the inspection, sampling, and flow measurement of discharges in
order to determine whether adverse effects from, or as a result of, such discharges may occur.
All such equipment and devices for the inspection, sampling, and flow measurement of
discharges shall be installed and maintained at the discharger's expense in accordance with
applicable laws, ordinances, and regulations.
SECTION 26-311 ACCIDENTAL DISCHARGES
Any discharger who accidentally discharges into a storm water drainage system or a water body
any substance other than storm water or an authorized discharge shall immediately notify the
Authorized Enforcement Agency of the discharge. If the notification is given orally, a written
report concerning the discharge shall be filed with the Authorized Enforcement Agency within 5
days. The written report shall specify all of the following:
(I) The composition of the discharge and the cause thereof
(2) The exact date, time, and estimated volume of the discharge.
(3) All measures taken to clean up the discharge, all measures taken or proposed to be taken
to mitigate any known or potential adverse impacts of the discharge, and all measures
proposed to be taken to reduce and prevent any recurrences.
(4) The name(s) and telephone number(s) of the individual(s) making the report, and (if
different) the individual(s) who may be contacted for additional information regarding
the discharge.
SECTION 26-312 RECORD KEEPING REQUIREMENT
(I) Any person that violates any requirement of this Ordinance or that is subject to
monitoring under this Ordinance shall retain and preserve for no less than three years any
and all books, drawings, plans, prints, documents, memoranda, reports, correspondence,
and records, including records on magnetic or electronic media, and any and all
summaries of such records relating to monitoring, sampling, and chemical analysis of any
discharge or storm water runoff from any premises connected with the violation or
subject to monitoring.
(2) Any person who (l) at the time of a violation knew or should have known that a pollutant
or substance was discharged contrary to any provision of this Ordinance, or contrary to
any notice, order, permit, decision or determination promulgated, issued or made by the
Authorized Enforcement Agency under this Ordinance, or (2) intentionally makes a false
statement, representation, or certification in an application for, or form pertaining to a
permit, or in a notice, report, or record required by this Ordinance, or in any other
correspondence or communication, written or oral, with the Authorized Enforcement
Agency regarding matters regulated by this Ordinance; or (3) intentionally falsifies,
tampers with, or renders inaccurate any sampling or monitoring device or record required
to be maintained by this Ordinance; or (4) commits any other act that is punishable under
state law by imprisonment for more than 90 days; shall upon conviction, be guilty of a
misdemeanor punishable by a fine of $500 per violation, per day, or imprisonment for up
to 90 days, or both in the discretion of the court.
SECTION 26-313 SANCTIONS FOR VIOLATION
(l) A person who violates any provision of this Ordinance upon conviction shall be guilty of
a misdemeanor punishable by a fine of $500 per violation or imprisonment for up to 90
days, or both.
(2) Authorized Local Official. Notwithstanding any other provision of the City of
Muskegon's laws, ordinances, and regulations to the contrary, the Director of the
Department of Public Works is designated as the authorized local officials to issue
citations for violations of this Ordinance.
(3) Any person who aids or abets another person in a violation of this Ordinance shall be
subject to the sanctions provided in this section.
SECTION 26-314 FAILURE TO COMPLY; COMPLETION
The Authorized Enforcement Agency is authorized, after giving reasonable notice and
opportunity for compliance, to correct any violation of this Ordinance or damage or impairment
to the storm water drainage system caused by a discharge and to bill the person causing the
violation or discharge for the costs of the work to be reimbursed. The costs reimbursable under
this section shall be in addition to fees, amounts or other costs and expenses required to be paid
to the Authorized Enforcement Agency under other sections of this Ordinance.
SECTION 26-315 EMERGENCY MEASURES
If emergency measures are necessary to respond to a nuisance; to protect public safety, health,
and welfare; and/or to prevent loss of life, injury, or damage to property, the Authorized
Enforcement Agency is authorized to carry out or arrange for all such emergency measures.
Property owners shall be responsible for the cost of such measures made necessary as a result of
a violation of this Ordinance, and shall promptly reimburse the City of Muskegon for all of such
costs.
SECTION 26-316 COST RECOVERY FOR DAMAGE TO STORM WATER
DRAINAGE SYSTEM
Any person who discharges to a storm water drainage system or a water body, including, but not
limited to, any person who causes or creates a discharge that violates any provision of this
Ordinance, produces a deposit or obstruction or otherwise damages or impairs a storm water
drainage system, or causes or contributes to a violation of any federal, state, or local law
governing the City of Muskegon, shall be liable to and shall fully reimburse the City of
Muskegon for all expenses, costs, losses or damages (direct or indirect) payable or incurred by
the City of Muskegon as a result of any such discharge, deposit, obstruction, damage,
impairment, violation, exceedence or noncompliance. The costs that must be reimbursed to the
City of Muskegon shall include, but shall not be limited to, all of the following:
(!) All costs incurred by the City of Muskegon in responding to the violation or discharge,
including, expenses for any cleaning, repair or replacement work, and the costs of
sampling, monitoring, and treatment, as a result of the discharge, violation, exceedence or
noncompliance.
(2) All costs to the City of Muskegon of monitoring, surveillance, and enforcement in
connection with investigating, verifying, and prosecuting any discharge, violation,
exceedence, or noncompliance.
(3) The full amount of any fines, assessments, penalties, and claims, including natural
resource damages, levied against the City of Muskegon, or any City of Muskegon
representative, by any governmental agency or third party as a result of a violation of
applicable laws or regulations that is caused by or contributed to by any discharge,
violation, exceedence, or noncompliance.
(4) The full value of any City of Muskegon staff time (including any required overtime),
consultant and engineering fees, and actual attorney fees and defense costs (including the
City of Muskegon legal counsel and any special legal counsel), associated with
responding to, investigating, verifying, and prosecuting any discharge, violation,
exceedence or noncompliance, or otherwise enforcing the requirements of this Ordinance.
SECTION 26-317 COLLECTION OF COSTS; LIEN
(I) Costs incurred by the City of Muskegon pursuant to this chapter shall constitute a lien on
the premises. Any such charges that are delinquent for 6 months or more may be
certified annually to the City of Muskegon Treasurer, who shall enter the lien on the next
tax roll against the premises, the costs shall be collected, and the lien shall be enforced in
the same manner as provided for in the collection of taxes assessed upon the roll and the
enforcement of a lien for taxes.
SECTION 26-318 SUSPENSION OF ACCESS TO THE STORM WATER
DRAINAGE SYSTEM
( l) The Authorized Enforcement Agency may, without prior notice, suspend access to the
storm water drainage system to any person or premises when such suspension is
necessary to stop an actual or threatened discharge that presents or may present imminent
and substantial danger to the environment, or to the health or welfare of persons, or to the
storm water drainage system or a water body. If the person fails to comply with a
suspension order issued in an emergency, the Authorized Enforcement Agency may take
such steps as deemed necessary to prevent or minimize damage to the storm water
drainage system or the environment, or to minimize danger to persons, and bill the person
for the costs to the City of Muskegon in taking such steps.
(2) Suspension due to the detection of illicit discharge. Any person discharging to the storm
water drainage system in violation of this Ordinance may have their access to the system
terminated, if the Authorized Enforcement Agency determines that such termination
would abate or reduce an illicit discharge. The Authorized Enforcement Agency will
notify a violator of the proposed termination of its access. It shall be unlawful for any
person to reinstate access of the storm water drainage system to a premises terminated
pursuant to this section without the prior written approval of the Authorized Enforcement
Agency.
SECTION 26-319 JUDICIAL RELIEF
The authorize Enforcement Agency may institute legal proceedings in a court of competent
jurisdiction to seek all appropriate relief for violations of this Ordinance or of any permit, order,
notice or agreement issued or entered into under this Ordinance. The action may seek temporary
or permanent injunctive relief, damages, penalties, costs, and any other relief, at law or equity,
that a court may order. The Authorized Enforcement Agency may also seek collection of fines,
penalties and any other amounts due to the City of Muskegon that a person has not paid.
SECTION 26-320 CUMULATIVE REMEDIES
The imposition of a single penalty, fine, order, damage, or surcharge upon any person for a
violation of this Ordinance, or of any permit, order, notice or agreement issued, or entered into
under this Ordinance, shall not preclude the imposition by the City of Muskegon, the Authorized
Enforcement Agency, or a court of competent jurisdiction of a combination of any or all of those
sanctions and remedies or additional sanctions and remedies with respect to the same violation,
consistent with applicable limitations on penalty amounts under sate or federal laws or
regulations. A criminal citation and prosecution of a criminal action against a person shall not be
dependent upon and need not be held in abeyance during any civil, judicial, or administrative
proceeding, conference, or hearing regarding the person.
SECTION 26-321 RESPONSIBILITY TO IMPLEMENT BMPS
The owner or operator of a premises used for commercial or industrial purposes shall provide, at
the owner or operator's own expense, reasonable protection from an accidental discharge of
prohibited materials or other wastes into the storm water drainage system or water body through
the use of structural and nonstructural BMPs. Further, any person responsible for a premises that
is, or may be, the source of an illicit discharge may be required to implement, at the person's
expense, additional structural and nonstructural BMPs to prevent the further discharge of
pollutants to the storm water drainage system or water body. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of storm water associated with
industrial activity, to the extent practicable, shall be deemed compliance with the provisions of
this section.
SECTION 26-322 INTERPRETATION
Words and phrases in this Ordinance shall be construed according to their common and accepted
meanings, except those words and phrases defined in Section 1.05 shall be construed according
to the respective definitions given in that section. Technical words and technical phrases not
defined in this Ordinance, but which have acquired particular.meanings in law or in technical
usage, shall be const1:1ed according to such meanings.
SECTION 26-323 CATCH-LINE HEADINGS
The catch-line headings of the a11icles and sections of this Ordinance are intended for
convenience only, and shall not be construed as affecting the meaning or interpretation of the
text of the articles or sections to which they may refer.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Wamington, Carter, Davis
Nays: _N_o_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~
Adoption Date: __
J_u_n_e_B_,_2__
00_4_ _ __
Effective Date: --"'J-"u,.,_n,.,ec___c2"-5"----'-,-=2c.::0c.:0:.._4'-----~
First Reading: June 8, 2004
Second Reading: _ _N_:__/_A_ _ _ _ _ _ _~
CITY OF MUSKEGON
By Gail
LQ
A.
_~ ~
Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Citb Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 8 t day of June , 2004, at which meeting a quorum was present
and remained throughout, and that the original of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted, and public notice was given,
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: June 8 , 2004
Publish: Notice of Adoption to be published once within ten (IO) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on JU
n c cJ , 2004, the City Commission of
the City of Muskegon adopted amendments to Chapter 26 of the Muskegon City Code by
adopting an Illicit Discharge and Connection Ordinance, summarized as follows:
I. Section 26-300 articulates the statutory authority of this Ordinance and to
permit the delegation in writing to persons or entities acting in the
beneficial interest of, or in the employ of the City ofMuskegon.
2. Section 26-301 articulates the findings that Illicit Discharges enter the
system through direct and indirect connections and contain pollutants that
will significantly degrade the water bodies and water resources of the City
of Muskegon.
3. Section 26-302 articulates that the purpose of this Ordinance is to establish
minimum storm water management requirements and controls.
4. Section 26-303 provides that this Ordinance shall apply to all Discharges
entering the Storm Water Drainage System and water bodies.
5. Section 26-304 provides the definitions of Authorized Enforcement
Agency, Best Management Practices (BMPs), Clean Water Act,
Discharge, Discharger, Drain, Drainage, Drainageway, EPA, Floodplain,
Hazardous Materials, Illicit Connection, Illicit Discharge, MDEQ,
National Pollutant Discharge Elimination System (NPDES) Permit,
Non-Storm Water Discharge, Person, Pollutant, Premises, Property
Owner, State of Michigan Water Quality Standards, Storm Water
Drainage System, Storm Water Pollution Prevention Plan, Storm Water
Runoff(or Storm Water), Toxic Material, Wastewater, and Water Body.
6. Section 26-305 prohibits a Discharge of any substance or material
containing any pollutants that cause or contribute to a violation of
applicable Water Quality Standards, other than storm water or an
authorized Discharge, unless authorized, to a Storm Water Drainage
System or Water Body.
7. Section 26-306 prohibits construction, use, or maintenance of an Illicit
Connection.
8. Section 26-307 authorizes certain specified Non-Storm Water Discharges.
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9. Section 26-308 prohibits the storage or stockpiling, within a Drainageway,
any hazardous or toxic materials, unless adequate protection and/or
containment has been provided.
I 0. Section 26-309 authorizes the inspection and/or the obtaining of samples,
including the right to enter property, from any Discharger's premises, as
necessary, to determine compliance with the requirements of this
Ordinance.
11. Section 26-310 requires certain monitoring of Storm Water Runoff,
including for the inspection, sampling, and flow measurement of
Discharges at the Discharger's expense.
12. Section 26-311 requires written notification, with specific information, of
an accidental Discharge.
13. Section 26-312 requires recordkeeping relating to monitoring, sampling,
and chemical analysis of any Discharge or Storm Water Runoff and failure
to do such is a misdemeanor.
14. Section 26-313 provides that violations of this Ordinance are a
misdemeanor punishable by a fine of $500 per violation or imprisonment
for up to 90 days, or both. The Director of the Department of Public
Works is designated as the authorized local officials to issue citations for
violations of this Ordinance.
15. Section 26-314 permits the Authorized Enforcement Agency to correct
any violation of this Ordinance, damage or impairment to the Storm Water
Drainage System, and to bill the Person causing the violation or Discharge
for the costs of the work to be reimbursed, in addition to fees, amounts or
other costs and expenses.
16. Section 26-315 permits emergency measures, if necessary, and that
property owners shall be responsible for the cost of such measures.
17. Section 26-316 establishes the basis for recovery of all expenses, costs,
losses or damages (direct or indirect) payable or incurred by the City of
Muskegon as a result of any such Discharge, deposit, obstruction, damage,
impairment, violation, exceedence or noncompliance.
18. Section 26-317 provides that costs incurred by the City of Muskegon
pursuant to this chapter shall constitute a lien on the premises and
collected in the same manner as provided for in the collection of taxes
assessed upon the roll and the enforcement of a lien for taxes.
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19. Section 26-318 permits the Authorized Enforcement Agency to suspend
access and take actions as necessary to terminate access to the Storm
Water Drainage System.
20. Section 26-319 permits the Authorized Enforcement Agency to institute
legal proceedings in a court of competent jurisdiction.
21. Section 26-320 permits cumulative remedies.
22. Section 26-321 requires the owner or operator ofa premises used for
commercial or industrial purposes to provide reasonable protection from
an accidental Discharge of prohibited materials or other wastes into the
Storm Water Drainage System or Water Body through the use of structural
and nonstructural BMPs.
23. Section 26-322 aids in the interpretation of words and phrases in this
Ordinance.
24. Section 26-323 provides that catch-line headings of the articles and
sections of this Ordinance are intended for convenience only, and shall not
be construed as affecting the meaning or interpretation of the text of the
articles or sections to which they may refer.
Copies of the Ordinance may be viewed and purchased at a reasonable cost at the
Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan,
during regular business hours.
This Ordinance amendment is effective ten (10) days from the date of this
publication.
Published: ___.t.,__,-/~'.s-'--------' 2004 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _~
Gail A Kundinger, MMC
City Clerk
----------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN ( 10) DAYS OF FINAL PAS SAGE
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Commission Meeting Date: June 1, 2004
Date: June 1,2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 510 Creston
SUMMARY OF REQUEST: To approve the purchase of the property
located at 510 Creston (City of Muskegon Urban Renewal Plat number
2 Lot 349 from the U.S. Department of Housing and Urban Development
for the amount of $16,500. If approved, CNS will solicit bids to
rehabilitate the structure at 510 Creston and later sell the totally
rehabilitated home to a qualified low/moderate-income family. Which will
continue the City's neighborhood revitalization efforts by returning once
blighted homes to the tax roll and eliminating their blighting influence on
their specific neighborhood.
FINANCIAL IMPACT: Funding for the purchase and rehabilitation will be
deducted from the City's 2002 HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
COMMITTEE RECOMMENDATION: None
Commission Meeting Date: June 8, 2004
Date: June 2, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of 2004 - 2005 Subrecipient and
Community Housing Development Organization
(CHDO) Agreements
SUMMARY OF REQUEST: To direct the Mayor and City Clerk to sign
all of the 2004-2005 approved agreements for the City's subrecipients
and CHDO's. The City Commission approved the funding for each of
the nonprofits last spring during the City's Consolidated Planning
process.
After the Mayor and Clerk sign the contracts, the CNS office will retain
one copy of our files and a copy will be supplied to the appropriate
nonprofit for their records.
FINANCIAL IMPACT: Funding will be allocated from the 2004-2005
CDBG and HOME programs.
BUDGET ACTION REQUIRED: None. The City Commission made
budgeting decision last Spring.
STAFF RECOMMENDATION: To direct Mayor and Clerk to sign
agreements.
COMMITTEE RECOMMENDATION: None needed.
,,,
2004-2005 Subrecipient/CHDO Awards
Muskegon Community Health Project $ 7,000.00
West Michigan Veterans $ 5,000.00
Pioneer Resources $ 2,500.00
HealthCare $ 6,000.00
American Red Cross $ 5,000.00
Volunteer Muskegon-Mapping $ 3,333.33
Volunteer Muskegon-KKIS $ 3,333.33
Legal Aid of Western Michigan $ 9,000.00
Family Services Center, Inc $ 5,833.34
Lakeshore Fair Housing Alliance $ 7,000.00
Muskegon Public Schools $ 5,000.00
Mainstreet $ 2,500.00
Muskegon Retirement Apartment Inc $ 5,000.00
Neighborhood Investment Corp $80,000.00
Habitat For Humanity $47,000.00
$22,000.00
Trinity Village Non-Profit Housing Corp
SUBRECIPIENT AGREEMENT/ 2004-2005
This SUBRECIPIENT made this 1st day of June, 2004, by and between the City of Muskegon,
Michigan, A Municipal Corporation, (hereinafter "Recipient") and _________
whose offices are located at _ _ _ _ _ _ _ _ _ _ _. , _______, MI (hereinafter
"Subrecipient"),
WITNESSETH:
WHEREAS, Subrecipient will receive Community Development Block Grant (CDBG)
funds from the Recipient, in the amount of$_____, to be used for the following:
WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;
NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:
I. GENERAL CONDITIONS
1. Services to be delivered are eligible activities as defined in Section
570.200 and 570.201 of the CDBG Administrative Regulations (CFR
570).
2. The Subrecipient certifies that the service is either:
a. a new service or
b. a quantifiable increase in the level of a service above the level which
has been provided by or in behalf of the applicant from local revenue
sources or State funds received by the applicant in the twelve (12)
calendar months prior to submission of the proposal, or
c. a continuation of a service that would otherwise be decreased due to
events beyond the control of the Subrecipient.
3. The Subrecipient is incorporated as a non-profit organization in good
standing under Michigan Law.
4. The Subrecipient warrants that a current copy of its charter (if applicable),
Articles of Incorporation and By-Laws are on file with the Department of
Community and Neighborhood Services. The Subrecipient shall also keep
a cutTent list of its board members, its officers and their addresses on file
with the Community & Neighborhood Services Department.
5. By resolution, the Subrecipient's Board of Directors shall certify to the
City a responsible contact person, who shall be considered their
representative in all matters relating to this Agreement for communication
and administrative purposes.
Until further written notice from the Subrecipient, said contact person shall be:
II. PERSONNEL
1. The Subrecipient shall maintain direct control of all personnel employed by it and
to provide the necessary training and supervision of its employees in carrying out
contracted programs. However, implementation of the "project" must meet the
requirement and approval of Community and Neighborhood Services.
2. In all work made possible by or resulting from this agreement, affirmative action
will be taken to insure that low income persons, particularly minorities and
women, are given maximU!ll opportunity for training and employment; and that
minority business concerns located in the area, to the greatest extent feasible, are
awarded sub-contracts when permitted by this Agreement (Section 3, CDF 135).
3. Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
Order 11246 and 0MB Circular A-102, Attachment O which relates to equal
opportunity. Copies are available at the Community Development Office.
4. The Subrecipient (including its membership body, Board of Directors,
committees, and paid and other volunteer staff) agrees that it will comply with
City policies and procedures concerning equal opportunity, affirmative action,
and non-discrimination in employment practices because of age, religion, race,
color, national origin, sex, education association, marital status or physical
limitation.
Ill. SCOPE OF SERVICES
The Subrecipient shall provide the services specified in Attachment "A", Scope of
Services, in exchange for financial compensation detailed in Attachment "B".
2
IV. COMPENSATION AND METHOD OF PAYMENT
1. The maximum amount which the Subrecipient may receive pursuant to this
Agreement is $_ _ _ __
2. The Subrecipient warrants that its Board of Directors has approved a budget
request to provide services detailed in this Agreement (attachment "B"). The
budget total of $_____, shall remain unchanged during the year unless
amended as permitted in this Agreement. The Subrecipient may not, without City
Commission approval, make transfer between categories not exceeding 10% of
the overall budget total, or $2,000.00, or whichever is greater.
3. Upon approval of Subrecipient' s request for payment, the Subrecipient shall be
reimbursed for expenses within a maximum of twenty (20 days.)
4. To receive payments, the Subrecipient must complete and submit the following:
a. Request for Payment
b. Detailed Invoice for Actual Expenditures
c. Quarterly Performance Reports
5. All program income, received by the Subrecipient, (if any) shall be disbursed by
the Subrecipient prior to request for payments from the Recipient. Program
income resulting from the project will be handled in accordance with the
requirements of24 CFR 570.503 applicable to CDBG Recipients.
6. If at the end of the tenn of this Agreement there are unexpended portions of the
contract amount set forth in this Agreement, the City may recapture said amount
for reallocation to other purposes.
7. If Subrecipient fails to comply with terms specified in this Agreement or refused
to accept and meet conditions imposed by the Department of Housing and Urban
Development (HUD), the Recipient may immediately terminate payments to the
Subrecipient and recover any funds it has advanced. In the event of the inability
of Subrecipient to perform or complete the project, or termination of the
Agreement by the City Commission, Recipient will pay only invoices for work
pe1formed or satisfactorily completed.
8. The Recipient shall not be held liable for expenditures or obligations incurred in
excess of the authorized total budget, nor shall the City be held liable for
expenditures or obligations for ineligible cost pursuant to Section 570.200 and
570.201 of the Housing and Community Development Act.
3
IV. FINANCING AUDITS AND INSPECTIONS
1. The Subrecipient shall document the costs incurred with CDBG funds with the
support of properly executed payrolls, time records, invoices, contracts, vouchers,
receipts, or other official documentation that shows in proper detail the nature and
propriety of charges. All such documents must be clearly identifiable and readily
assessable during the term of the Agreement to City and HUD officials or their
authorized representative for audit and examination as often as the City may deem
necessary. Additionally, the Subrecipient agrees to securely maintain such
documents for a period of three (3) years after termination of this Agreement.
2. The Subrecipient is to act within thirty (30) days after the signing of this
Agreement to establish a procedure for its accounting operation that will not be
inconsistent with Federal Management Circular A-102, Attachment G, and can be
certified auditable by the Accountant for the Community and Neighborhood
Services Department. The auditable procedure shall insure that monies provided
by the Community Development Block Grant program can be separately traced
from other funds of the Subrecipient.
3. The Recipient shall provide the Subrecipient with a copy of any account
requirements established by HUD, and the Subrecipient shall thenceforth be
responsible for compliance with such requirements.
4. Program Income earned by the Service Agency during the grant period shall be
retained by the Subrecipient, and in accordance with 0MB Circulars A-I 02, A-
l IO and A-122 shall be:
a. Added to funds committed to the project by the City and the Subrecipeint to
be used to further eligible program objectives as defined in the scope of
services of this Agreement (see Attachment A).
b. Deduct from the total project costs for the purposes of determining the net
costs on which the Federal (CDBG) share of the cost will be based.
5. No CDBG funds shall be disbursed under this Agreement by the Subrecipient or
any others contracted by the Subrecipient unless those contracted are in
compliance with City and HUD requirements with regard to fiscal matter and civil
rights to the extent such requirements are applicable. The Subrecipient shall
provide the Recipient with a copy of such contracts.
6. The Subrecipient shall provide proof of Bonding Insurance for all employees who
handle funds.
4
V. INSURANCE COVERAGE
The Subrecipient shall indemnify, defend, and hold the Recipient, its officers, and the
employees harmless with respect to any damage claim arising out of activities specified
by this Agreement. This Subrecipient shall maintain for the entire period of this
Agreement a valid policy of liability insurance naming the City of Muskegon (Recipient)
as an insured party with limits of not less than $300,000 per occurrence. The
Subrecipient shall also maintain coverage during the Agreement period for Workers'
Compensation as required by law. The Subrecipient shall submit proof of insurance and
amount of coverage to the Community and Neighborhood Services office prior to
receiving any funds.
VI. REPORTS, MONITORING AND EVALUATION
1. The Subrecipient agrees to cooperate fully with the Community and
Neighborhood Services office, City and HUD officials, Citizen Committees, or
any other individuals appointed by City Commission to evaluate and monitor the
requirements and performance of programs financed with CDBG funds. The
Subrecipient agrees to provide to the same parties listed information and reports,
oral or written, as may reasonably be required or requested during the term of this
Agreement on mattes relating to program activities, performance, or contract
compliance.
2. The Subrecipient agrees to complete and submit to the Community and
Neighborhood Services Office in a timely manner a Quarterly Performance
Report.
The report forms are to be provided by the City. The Subrecipient agrees to collect and make
available to the Community and Neighborhood Services Department the following information
on its clients or program participants:
a. Street (only) address of the client: (inside or outside City);
b. Month and year of initial services;
c. Number of services units rendered to each client served under this agreement;
d. Age and sex of the client or participant;
e. Whether the client or participant is the head of household;
f. Whether client or participant is a member of a minority group (which group);
g. Family income by family size (which will be indicated by checking an income
range category);
h. Whether client or participant head of household is handicapped;
The information is to be collected on a tabulation sheets provided by the City.
The form will state that the client/participant information being collected is
required in order for the Subrecipient to receive Community Development Block
5
Grant funds from the City of Muskegon. Client information will be submitted
quarterly with the Performance Rep01ts.
Alternate systems of collecting data required in this section can be developed in
consultation with the Community and Neighborhood Services Office. The
Recipient retains the final right to approve any waiver of, or amendment to, this
reporting requirement.
VII. CONTRACT AMENDMENT
That except as expressly provided elsewhere in this Agreement, any modifications or
amendments to this Agreement may be made by mutual Agreement of the Subrecipient
and the City Commission. It is expressly understood that this Agreement is subject to
HUD Community Development Block Grant funding regulations. Should HUD act to
make changes in regulations or suspend or terminate funding, such actions shall
automatically amend this Agreement, if applicable.
VIII. ASSIGNABILTIY
The Subrecipient shall not assign or transfer any interest in this Agreement without
consent of the City Commission.
IX. POLITICAL ACTIVITIES
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for any partisan political activities, or to further the election
or defeat of any candidate for office.
X. CONFLICT OF INTEREST
No employee, officer or agent of the Recipient shall part1c1pate in the award or
administration of this Agreement if a conflict of interest real or apparent, would be
involved or any type of benefit financially, politically or asset wise. (i.e. obtain housing,
illegal obtaining of contracts, etc.) See CFR 24.92.356 and CFR 570.611.
XI. CITY'S RIGHT TO ENFORCE
1. The Community and Neighborhood Services Depmtment may unilaterally
suspend (on a temporary basis) or alter this Agreement, including the mnount of
funds allocated, for failure to comply with the terms and conditions of this
Agreement or failure to comply with regulations for the U.S. Government, or
directives of the Muskegon City Commission, some examples of which follow:
a. Ineffective or improper use of the Community Development Block Grant
funds:
6
b. Failure to submit complete and correct performance or financial reports;
c. Failure to provide services called for in the Scope of Services section within
the time frame stated: and
d. If for any reason, the program cannot be completed.
2. The City Commission may unilaterally terminate this Contract for failure to
comply with the terms and conditions of the Agreement, the regulations of the
U.S. government, or directives of the Muskegon City Commission.
3. The Community and Neighborhood Services Depmiment office shall provide
reasonable notice to the Subrecipient before action is taken to suspend, alter or
terminate this Agreement. Such notice shall include the reasons for the
contemplated action and the Subrecipient shall be give a right to protest.
4. In the event this Agreement is terminated by the City Commission, the Ownership
of all documents, equipment and prope1iies acquired by CDBG or Program
Income funds shall reve1i to the Recipient with the decision for final disposition
being left to the City Commission. However, the Subrecipient shall receive just
compensation for any work satisfactorily completed prior to such tennination.
XII. PURSUIT OF ADDITIONAL RESOURCES
The Subrecipient shall make bona fide efforts to secure funds and resources from other
sources. Further, the Subrecipient shall cooperate with the Community and
Neighborhood office, as requested, in its efforts to pursue additional or alternative
funding. The Subrecipient shall report these efforts as part of the required Quarterly
Performance Report.
XIII. TIME PERFORMANCE AGREEMENT TERM
All services rendered hereunder shall be completed by May 31, 2005. This Agreement
automatically terminates at that time unless specifically extended by the City
Commission. All funds allocated which are unspent or encumbered for services under
this Agreement shall be repaid to the City within fifteen (15) days of this date.
XIV. OTHER
1. That it will comply with all requirements applicable to HUD Block Grant
Subrecipients set forth in the CDBG Program Requirements contained in 24 Code
of Federal Regulation Part 570. Such requirements pertain to, but are not limited
to, compliance with 0MB Circular A-102, reports and information, audits and
inspection, unearned payment, non-discrimination, disposition of real property,
and miscellaneous grant administration requirements.
7
2. That should the Subrecipient utilize any portion of CDBG funds for acquisition of
property or relocation of individuals, families, or businesses as a result of a
project involving federal financial assistance from HUD, as defined in regulations
at 24CFR Part 42.79, all acquisition and/or relocation shall conform to the
Uniform Relocation Assistance and Real Prope1ty Acquisition Policies Act of
1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Pait
42).
3. That except with respect to the rehabilitation of residential use for less than eight
fmnilies, all contractors engaged under contracts in excess of $2000 for the
constmction prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this agreement, shall comply with
HUD requirements pertaining to such Contracts and the applicable requirements
of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and Sa,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher than those required under such
regulations are imposed by State or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligations, if any, to require payment of the higher
rates. The Subrecipient shall require to be inse1ted in full in all such contracts
subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
and for such contracts in excess of$10,000, 29n CFR 5a.3.
4. The Subrecipient agrees to abide by all other Federal requirements not highlighted
in this Agreement, but included in the Community Development Block Grant
regulations at the Community and Neighborhood Services Department, or other
regulations subsequently supplied to the Subrecipeint.
5. That should the Subrecipient funding involve construction work, the Subrecipient
contractors(s) agree to allow access to the City or its representative for inspection
purposes.
6. Should the Subrecipient acquire any real or personal property with funds provided
under this Agreement, it will not dispose of such property through sale or
otherwise without written permission of Recipient. If prope1ty is disposed of
without written permission, the proceeds shall be returned to the Recipient, and
Subrecipient may be required to reimburse the Recipient for the Federal portion of
pmticipation in the project, subject to requirements in the Office of Management
and Budget Circular A-102, Attachment N, Property Management Stands.
XV. CONTRACT CLOSEOUT
All contracts will be closed out in accordance with the procedures specified in 0MB
Circular A-102, Attachment L, and Portions of 0MB Circulars A-110 and A-122
applicable to non-profit organizations.
8
In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.
Signed In the Presence Of: CITY OF MUSKEGON, MICHIGAN
A Municipal Corporation
Witness- - - - - - - - ~ By:_ _ _ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
Witness- - - - - - - - ~ By:_ _ _ _ _ _ _ _ _ _ _ _ _~
Gail Kundinger, MMC City Clerk
Agency Name
Witness By:_ _ _ _ _ _ _ _ _ _ _ __
---------- It's President
Witness- - - - - - - - - - By:_ _ _ _ _ _ _ _ _ _ _ __
It's Secretary
9
ATTACHMENT "A"
SCOPE OF SERVICES
Subrecipient Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
SCOPE OF SERVICES
The Scope of Services section below lists the services to be provided under the terms of the
Subrecipient Agreement. This description shall establish the basis for the Community and
Neighborhood Services Office assessment of actual program accomplishments.
I. Location and Hours
The Service Agency shall provide the contracted services at the following locations(s):
IL Eligible Clients
The Subrecipient shall take affirmative action to insure that the primary beneficiaries of
services rendered under this Agreement are eligible CDBG clients. Eligible clients are
defined as those persons of household who:
a. Reside in the City of Muskegon and
b. Have household incomes less than or equal to 80 percent of the median of the City.
10
ATTACHMENT "A"
SCOPE OF SERVICES
III. Description and Quantity of Services to be provided
Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the se1vice will be offered, ifless
than the total contract year, and how the service will be rendered.
Estimated quantity of service to be provided (number of persons to be served).
11
ATTACHMENT "B"
BUDGET
REVENUES
CDBGFUNDS $_ _ _ _
*Other (Specify Below)
Program Income
TOTAL REVENUES $_ _ _ _
Total Portion to be
Budgeted Funded by CDBG
EXPENDITURES
Salaries & Fringes $ $
Consultant & Contract Services $ $
Office Supplies $ $
Telephone $ $
Rent & Related Expenses $ $
Equipment $ $
Office Furniture $ $
Travel $ $
Specific Assistance to Individuals $ $
Miscellaneous (Specify)
$
$
$
TOTAL EXPENDITURES $ $
*LIST OTHER REVENURE SOURCES:
1. $
2. $
3. $
4. $
5. $
12
Date: Junes, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Seaway Industrial Park Easements
SUMMARY OF REQUEST:
Authorize staff to record or cause the recording of three public utility easement within
the area know as the Seaway Industrial Park as shown and described on the
attached survey document. The easements are for existing utilities and are
necessary to ensure proper documentation to establish such utilities ahead of any
real estate transaction. The three easements are
1- A 33' for WM along the west side of parcel A for an existing 36" WM
2- The N.W. part of parcel A for a water & sewer service
3- A 50' storm sewer easement for the old Ruddiman
FINANCIAL IMPACT:
None,
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Approve the recording of utility easements
COMMITTEE RECOMMENDATION:
PARMENTER O'TOOLE
Attorneys al law
175 West Apple Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786
Phone 231.722.1621 ■ Fax 231.722.7866 or 231.728.2206
www. Parmenter/aw.com
August 24, 2004
Ms. Gail Kundinger
City Clerk
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Re: Seaway Industrial Park
Dear Ms. Kundinger:
I was asked to provide your office with a Declaration of Easement in order to record with the
Register of Deeds the location of water and sewer lines. Enclosed please find that Declaration of
Easement. Please insure that Exhibit A (the legal description of the entire parcel) and Exhibit B
(the legal description of the easement) are attached prior to recording.
If you have any questions, please feel free to contact me.
Very truly yours,
~OLIA_ C. i01
~
John C. Sclu·ier
Direct: 231.722.5401
Fax: 231. 728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosure
c: Cathy Brubaker Clarke
Mohammed Al-Shatel
G:\EDSIIFILES\00100\1545\LTR\BP9164.OOC
DECLARATION OF EASEMENT
This Declaration is made on June 8 , 2004, by City of Muskegon, a municipal
corporation, 933 Te1nce Street, Muskegon, MI 49443 ("City"), with reference to the following facts:
Background
A. City owns property referred to as the Seaway Industrial Park, specifically described on
Exhibit A ("Property").
B. In connection with its development of the property, City desires to reserve and declare an
exclusive easement over a portion of the Property, as set forth in this Agreement.
Therefore, the parties agree as follows:
1. Reservation of Easement. City hereby reserves and declares an exclusive easement for
the purposes described in Section 2 below ("Easement") over the portion of the Property legally described
on Exhibit B ("Easement Area"). The Easement shall be perpetual.
2. Use of the Easement. City, its successors, assigns, employees and invitees shall be
permitted to use the Easement for the purpose of installing and maintaining water lines, sewer lines, and
other utilities. Any subsequent owner of the Property shall not be permitted to construct, grow or
maintain any structure or improvement within such Easement Area, without the prior written approval of
the Grantee.
3. Access to Easement. City retains the right to enter into the Easement Area property at
any time and reserves the right to remove any item located on the Easement Area.
4. Interest in Realty. The Easement is to be an easement over the Property for the use and
benefit of the City. The Easement shall run with the land and be an interest in realty. The Easement shall
bind the owners and occupiers of the Property and their transferees, successors, and assigns.
5. Amendment to the Easement. This Agreement may be amended only by written
agreement signed by the City. This document shall be recorded with the Muskegon County Register of
Deeds.
6. Notices. Any notices sent under this Agreement shall be in writing and shall be sent by
first-class mail to the owner of the parcel at the parties address set forth above or such other address as a
party may direct.
This Agreement was executed on the date set forth above.
G:\EDSI\FILES\00100\1545\EASEMENT\8O0227.0OC
City of Muskegon,
STATE OF MICHIGAN)
COUNTY OF MUSKEGON)
The foregoing instrument was acknowledged before me this /0 cl day of S e"fcmif'c, 2004, by
Stephen J. Warmington as Mayor and Gail A. Kundinger as City Clerk, for and on behalf of the City of
Muskegon.
I. ,>,Ja. s . /lo t-t-er , Notary Public
Muskegon County, Michigan
My commission expires: '1- «'l- o 6
Acting in the Muskegon County
Prepared by and when recorded return to:
John C. Schrier
Parmenter O'Toole
P.O. Box 786
Muskegon , MI 49443-0786
G:IEDSIIFILES\00100I1545\EASEMENT\BO0227.DOC
EXHIBIT A
PROPERTY
G:\EDSI\FILES\00100\1545\EASEMENnBO0227.DOC
SHEEL~OF.!.-?_
N LAKETON
-·.. A--·-··
VE. - -- ·--~
NORTH 1/ 4 CORNER ~-------------1
SECTION 31, T.lON., R 16W.
FND 5/8" REBAR IN BOX
I
.
N30E 50.99 160 NAIL W. S!DE PP I
NAIL NE SIDE PP
S50E 63.20
S45W 49.52
16D
160 NAIL W. SIDE PP I
LRG PK SW SIDE PP
~
NSOW 66.27
I
e:,a!"3:
z o'
..f:
::-a
~i--=
0 200· 400' 800' ~n
SCALE: 1v = 400' :J 0
·W
"' u,
YOUNG AVE.
-------.
z
0
,-'
u
w
u,
z
"'wz
z
,-.: :;
(/)
w
>-
"'z
w
I
HACKLEY AVE,
WEST 1/4 CORNER
SECTION J1, T.lON., R.16W. S. LINE SE COR~~~-~W F ~
CO. REMON MON. IN BOX SECTION 31, T.lON., R.16W.
FND 1/2"" PIPE J' ± N. OF C/L
N36E 57.41 PK NAIL NW SJOE PP
S32E 65.43 PK NAIL SW SIDE PP N45E 43.39 PK NW SIDE PP
SJ9W 59.84 + lN CONC BASE LT POLE SJOE 75.44 PK W. S!DE PP
N53W 123.56 SE COR. BLOG S45W 81.23 NE COR. BLDG.
N70W 102.09 PK S. SIDE PP
SURVEY FOR: CITY OF MUSKEGON RE: SEC. 31, T.10N., R.16W. PARCELS A-J
933 TERRACE STREET
MUSKEGON, MICHIGAN 49443-0536
I HEREBY DECLARE THAT THE LANO HEREIN DESCRIBED WAS SURVEYED UNDER MY DIRECT SUPERVISION TO
THE BEST OF OUR ABILITY AND KNOWLEDGE. THE ERROR OF CLOSURE IS NO GREATER THAN I IN 5000.
ALL THE REQUIREMENTS OF P.A. 132, 1970 HAVE BEEN COMPLIED WITH. THIS SURVEY, INCLUDING ANY NEW
OESCRIPTION(S), WAS MADE FROM A PROPERTY DESCRIPTION FURNISHED TO US. THE DESCRIPTION($) SHOULD
BE COMPARED wrn1 A TlTLE POUCY OR AOSTRACT FOR crn.~PL[TEN!::S~. ACCU/1,\CY, !':ASD,tENTS AND :'.:XCEPTIOMS.
ANY COPY OF THIS SURVEY NOT INDIVIDUALLY EMBOSSED (IMPRESSED} WITH THE SEAL OF THE LICENSED
cop RE"L: tM· INN AR)(
PROFESSIONAL SURVEYOR NAMED HEREIN, JS UNAUTHORIZED AND MAY CONTAIN FRAUDULENT ALTERATIONS.
THE OECLARA noN ooEs NOT APPL v rn sucH
BY ARTHUR W. BRINTNALL P.S. 28407
Prein&Newhof
Engine en ■ SurvcyoD ■ Enviroruncntal ■ Laboratory
3355 ( ver9reen Ori~e NE Crond Ropid11, Mich/gen 49525
lelephone : (616) )64-8491 Fe• : (616) J64-6955
Pro/eel NO : 2020J25 Ocie : JANUARY 21, 2004
EXHIBITB
EASEMENT AREA
G:IEOSI\FILESI00100\1545\EASEMENnB00227.OOC
SEE SHEET 4 OF lJ FOR DESCRIPTIONS. SHEET -~OF _1_~
P.O.E
CENTERLINE so·
Df<AIN EASEMENT
/
/
YOUNG AVE. /
PROPOSED EASEMENT I
-"'.-,_-FOR SANITARY SEWER
& WATERMAIN (SEE DETAIL)
"',,
m
0
I
"'
'ro
v
"'
~ /_P.0.8.
AN:·:
I
/
SB5° JO' 4J"W
49.55'
/
/
/
I
/
DETAIL
SCALE 1 h = 50' /
/
/ I
DELANO AVE.
50' WATERMAIN
I
I ,--
'
EASEMENT ~~~~Ml-+1-'1.
Ll036 P854 , OI
1 n ti
I N. LINE, s. 546.5, 111/ '
! SE1/4, NW FRL 1/4, ~!
SEC. 31-10-16 VI
0 100' 200· 400'
I
r+-H-......-""
,,. SCALE: 1'' = 200'
~ ::- I
N
~ :'? I
ii':
0 " 3'
>-
~
3'
z"' I
<{
w .Zii"!
_o ~
"' -
tx...,: I[)
v
I
>-'
"'>-
"'z
~=1
·W
3' V>
S. LINE NW FR'L 1/4
I
'"I SEC. 31, T.ION., R.16W.
~J
/
/
/-~-- .. S89°49'59"[ _,, _ _ .
WEST 1/4 CORNER P.O.B. HACKLEY AVE.
SEC. 31, T.lON., R.16W. CENTERLINE 50'
DRAIN EASEMENT
SURVEY FOR: CITY OF MUSKEGON RE: SEC. 31, T.lON., R.16W. PARCEL "A"
933 TERRACE STREET EASEMENTS
MUSKEGON, MICHIGAN 49443-0536
I HEREBY DECLARE THAT THE LAND HEREIN DESCRIBED WAS SURVEYED UNDER MY DIRECT SUPERVISION TO
THE BEST OF OUR ABILITY ANO KNOWLEDGE. THE ERROR OF CLOSURE IS NO GREATER THAN 1 IN 5000.
-\LL THE REQUIREMENTS OF P.A. 132, 1970 HAVE BEEN COMPLIED WITH. THIS SURVEY, INCLUDING ANY NEW
Dt:SCRIPTJON(S), WAS MADE FROM A PROPERTY DESCRIPTION FURNISHED TO US. THE DESCRIPTION(S) SHOULD
BE COMPARED WITH A TITLE POLICY OR ,6..£1STR.A.CT FOR t.OMP1.ETEMESS, ,6..C'CURACY, E".S!::1,\Ef-!TS AND EXCEPTIONS.
ANY COPY OF THIS SURVEY NOT !NOIVIDUALL Y EMBOSSED (IMPRESSED) WITH THE SEAL OF THE LICENSED
PROFESSIONAL SURVEYOR NAMED HEREIN, IS UNAUTHORIZED AND MAY CONTAIN FRAUDM_
LE _Tfr\lAAI
0 0 cl .
Ni·'. ,; ),.. ' J
rf~c[J . 1
lHE DECLARATION DOES NOT APPLY TO SUCH COPY.
PREIN['& \
BY ARTHUR W. BRINTNALL P.S. 28407
Prein&Newhof
Engineers• Su.rveyon ■ F..rtvironmental ■ Laboratory
JJ55 Evergreen Drive NE Grond Ror>ids. l,Hchi9on 49525
felel}hMe : (616) J64-6491 fox : (616) 364-6955
Prnject No. · 2020.125 Dole : JANUARY 21, 2004
PARMENTER o-TOOLE
Attorneys al Law
175 West Apple Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786
Phone 231 .722.1621 ■ Fax 231.722.7866 or 231.728.2206
www.Parmenterlaw.com
August 24, 2004
Ms. Gail Kundinger
City Clerk
933 Te1rnce Street
P.O. Box 536
Muskegon,MI49443-0536
Re: Seaway Industrial Park
Dear Ms. Kundinger:
I was asked to provide your office with a Declaration of Easement in order to record with the
Register of Deeds the location of water and sewer lines. Enclosed please find that Declaration of
Easement. Please insure that Exhibit A (the legal description of the entire parcel) and Exhibit B
(the legal description of the easement) are attached prior to recording.
If you have any questions, please feel free to contact me.
Very truly yours,
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosure
c: Cathy Brnbaker Clarke
Mohammed Al-Shatel
G:\EDSI\F/LES\00100\1545\L TR\BP9164.DOC
5137136
L-3636 P-772
1111111111 111111 111111
Mark Fairchild, Muskegon Co ROD 034
01/28/2005 03:19P
Page: 1 of 4
5125109
1111111111 111111 111111 L-3624 P-768
10/28/2004 1O:45A
Mark Fairchild I Muskegon Co ROD 034 Page: 1 of 6
/e-rece11,f fr,> (),'/l'fcl /t/',-d de,cnl'l,~1/J
DECLARATION OF EASEMENT
This Declaration is made on June 8 , 2004, by City of Muskegon, a municipal
corporation, 933 Terrace Street, Muskegon, MI 49443 ("City"), with reference to the following facts:
Background
A. City owns property referred to as the Seaway Industrial Park, specifically described on
Exhibit A ("Property").
B. In connection with its development of the property, City desires to reserve and declare an
exclusive easement over a portion of the Property, as set forth in this Agreement.
Therefore, the parties agree as follows:
l. Reservation of Easement. City hereby reserves and declares an exclusive easement for
the purposes described in Section 2 below ("Easement") over the portion of the Property legally described
on Exhibit B ("Easement Area"). The Easement shall be perpetual.
2. Use of the Easement. City, its successors, assigns, employees and invitees shall be
permitted to use the Easement for the purpose of installing and maintaining water lines, sewer lines, and
other utilities. Any subsequent owner of the Property shall not be permitted to construct, grow or
maintain any structure or improvement within such Easement Area, without the prior written approval of
the Grantee.
3. Access to Easement. City retains the right to enter into the Easement Area property at
any time and reserves the right to remove any item located on the Easement Area.
4. Interest in Realty. The Easement is to be an easement over the Property for the use and
benefit of the City. The Easement shall run with the land and be an interest in realty. The Easement shall
bind the owners and occupiers of the Property and their transferees, successors, and assigns.
5. Amendment to the Easement. This Agreement may be amended only by written
agreement signed by the City. This document shall be recorded with the Muskegon County Register of
Deeds.
6. Notices. Any notices sent under this Agreement shall be in writing and shall be sent by
first-class mail to the owner of the parcel at the parties address set forth above or such other address as a
party may direct.
This Agreement was executed on the date set forth above.
CC '. ;1/1"0·1 fl,·.,.:;,
G.IEDSI\FILES\00100\1545\EASEMENDBO0227.DOC
t)~se ~Jc/"
ST ATE OF MICHIGAN)
COUNTY OF MUSKEGON)
The foregoing instrument was acknowledged before me this /6ciday of Seokm£cc, 2004, by
Stephen J. Warmington as Mayor and Gail A. Kundinger as City Clerk, for and on behalf of the City of
Muskegon.
L ;,,J~ .S. /?a fre r , Notary Public
Muskegon County, Michigan
My commission expires: 7- ,;?S--o (,
Acting in the Muskegon County
Prepared by and when recorded return to:
John C. Schrier
Parmenter O'Toole
P.O. Box 786
Muskegon, MI 49443-0786
5137136
L-3636 P-772
1111111111111111 111111
Mark Fairchild, Muskegon Co ROD 034
01/28/2005 03: 19P
Page: 2 of 4
5125109
L-3624 P-768
1111111111 111111 111111
Mark Fairchild, Muskegon Co ROD 034
10/28/2004 10:45A
Page: 2 of 6
G:\EDSJ\FILES\00100\1545\EASEMENT\B00227.00C
EXHIBIT A
PROPERTY
DESCRIPTION:
COMMENCING AT THE WEST 1/4 CORNER Of SECTION 31, T.10N., R.16W., CITY OF MUSKEGON, MUSKEGON COUNTY,
MICHIGAN THENCE S89"49'59"E 1151.89 FEET ALONG THE SOUTH LINE Of THE NORTHWEST FRACTIONAL 1/4 OF
SAID SECTION 31 FOR REFERENCE POINT \A": THENCE N00"15'48"E 49.50 FEET ALONG THE WEST LINE OF THE
EAST 200 FEET OF THE WEST 426.07 FEET OF THE SOUTHEAST 1/4 OF SAID NORTHWEST FRACTIONAL 1/4 OF
SECTION 31; THENCE N00"15'48"E 497.00 FEET; THENCE N89"49'59"W 226.07 FEET ALONG THE NORTH LINE OF
THE SOUTH 546.5 FEET OF SAID SOUTHEAST 1/4 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 31; THENCE
N00"15'48"E 431.08 FEET ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 Of THE NORTHWEST FRACTIONAL 1/4
OF SECTION 31; THENCE N89"58'42"E 20.00 FEET; THENCE N00"15'48"E 74.00 FEET: THENCE S89'58'42"W 20.00
FEET; THENCE N00"15'48"E 232.37 FEET ALONG SAID WEST LINE or THE SOUTHEAST 1/4 OF THE NORTHWEST
FRACTIONAL 1/4 OF SECTION 31; THENCE S33"14'47"E 437.94 FEET ALONG THE SOUTHWESTERLY RIGHT OF WAY
LINE or THE RAILROAD: THENCE N56"45'13"E 17.00 FEET ALONG SAID RIGHT or WAY: THENCE S33"14'47"E
152.90 FEET ALONG SAID RIGHT OF WAY; THENCE S33'25'49"E 304.51 FEET ALONG SAID RIGHT OF WAY; THENCE
N89"49'59"W 184.14 FEET ALONG SAID NORTH LINE or THE SOUTH 546.5 FEET Of THE SOUTHEAST 1/4 OF THE
· NORTHWEST FRACTIONAL 1/4 OF SECTION 31; THENCE soo,0·01·w 100.00 FEET; THENCE S89"49'59"E 34.00
FEET; THENCE soo,0·01·w 132.00 FEET: THENCE SOUTHERLY 87.50 FEIT ON A 237.00 FOOT RADIUS (24"10'32"
DEG) CURVE TO THE RIGHT, DELTA-21'09'11"0 LONG CHORD BEARING S10"44'36"W 87.00 FEET; THENCE
S21"19'12"W 50.00 FEET; THENCE SOUTHERLY 111.86 FEET ON A 303.00 FOOT RADIUS (18°54'34" DEG) CURVE TO
THE LEFT, DELTA•21'09'11", LONG CHORD BEARING S10"4-4'36"W 111.23 FEET; THENCE S00"10'01"W 23.50 FEET;
THENCE N89"49'59"W 79.49 FEET ALONG THE NORTH LINE OF THE SOUTH 49.5 FEET OF SAID SOUTHEAST 1/4
OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 31 TO POINT OF BEGINNING.
ANO ALSO:
RECOMMENCING AT SAID REFERENCE POINT \A" THENCE S89"49'59"E 145.57 FEET ALONG SAID SOUTH LINE OF THE
THE NORTHWEST FRACTIONAL 1/4 OF SECTION 31; THENCE N00"10'01"E 49.50 FEET FOR POINT OF BEGINNING;
THENCE N00"10'01"E 23.50 FEET; THENCE NORTHERLY 87.50 FEET ON A 237.00 FOOT RADIUS (24"10'32" DEG)
CURVE TO THE RIGHT, DELTA•21'09'11", LONG CHORD BEARING N10"4-4'36"E 87.00 FEET; THENCE N21"19'12"E
50.00 FEIT; THENCE NORTHERLY 111.86 FEET ON A 303.00 FOOT RADIUS (18'54'34" DEG) CURVE TO THE LEFT,
DELTA~21'09'11", LONG CHORD BEARING N10"4-4'36"E 111.23 FEET; THENCE SOO't0'01"W 265.00 FEET; THENCE
N89"49'59"W 54.43 FEET ALONG SAID NORTH LINE or THE SOUTH 49.5 FEET OF THE SOUTHEAST 1/4 OF THE
NORTHWEST FRACTIONAL 1/4 OF SECTION 31 TO POINT OF BEGINNING.
5137136
L-3636 P-772
1111111111 111111 1111 II
Mark Fairchild, Muskegon Co ROD 034
01/28/2005 03:19P
Page: 3 of 4
EXHIBITB
EASEMEl\'T AREA
DESCRIPTION FOR EASEMENT OVER RUODIMAN CREEK DRAIN:
A 50 FOOT WIDE STRIP OF LAND, CENTERLINE DESCRIBED AS: COMMENCING AT THE WEST 1/4 CORNER OF
SECTION 31, T.10N., R.16W., CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN THENCE S89"49'59"E 1031.12 FEET
ALONG THE SOUTH LINE OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION 31 FOR POINT OF BEGINNING OF
SAID CENTERLINE; THENCE N45"25'16"E 354.00 FEET; THENCE N02"08'16"E 495.50 FEET; THENCE N4312'46"E
749.75 FEET FOR POINT OF ENDING OF SAID CENTERLINE ON THE SOUTH RIGHT OF WAY LINE OF YOUNG AVENUE
IN YOUNG & WIWAMS ADDITION, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN AS RECORDED IN UBER 3 OF
PLATS, PAGE 39, MUSKEGON COUNTY REGISTER OF DEEDS.
THE SIDELINES OF SAID 50 FOOT WIDE STRIP OF LAND EXTEND OR SHORTEN TO ALLOW NO GAPS OR OVERLAPS.
PROPOSED EASEMENT FOR SANITARY SEWER AND WATERMAIN:.
COMMENCING AT THE WEST 1/4 CORNER OF SECTION 31, T,10N., R.16W:, CITY OF MUSKEGON, MUSKEGON
COUNTY, MICHIGAN THENCE S89"49'59"E 925.82 FEET ALONG THE SOUTH UN[ OF THE NORTHWEST FRACTIONAL
· 1/4 OF SAID SECTION 31 THENCE NOOi5'48"E 1119.74 FEET ALONG .THE WEST LINE OF THE SOUTHEAST 1/4 OF
SAID NORTHWEST FRACTIONAL 1/4 OF SECTION 31 FOR POINT OF BEGINNING; THENCE N0015'48"E 70.53 FEET;
THENCE S70"25'05"E 47.87 FEET; THENCE S04"29'17"E 50.77 FEET; THENCE SB5'30'43"W 49.55 FEET TO POINT
OF BEGINNING.
PROPOSED EASEMENT FOR WATERMAIN:
THAT PART OF THE WEST 33 FEIT OF THE SOUTHEAST 1/4 OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION
31, T.10N., R.16.W., CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, LYING SOUTH OF THE CSX RAILROAD
RIGHT OF WAY, EXCEPT THE SOUTH 546.5 FEET THEREOF.
NOTE: BEARINGS BASED ON THE EAST LINE OF THE NORTHWEST FRACTIONAL 1/4
OF SECTION 31, T.10N., R.16W. PER PLAT OF YOUNG & WIWAMS ADDITION
AS RECORDED IN UBER 3 OF PLATS, PAGE 39, MUSKEGON COUNTY REGISTER OF DEEDS.
5137136
1111111111111111 111111 L-3636 P-772
01/28/2005 03:19P
Mark J:';:i.irr,hilrl M,,.,,.1,0,.. ...... r,.. c,nn f"l'l/l Pi=l.rtP' 4 nf 4
AGENDA ITEM NO. _ _ _ _ _ __
CITY COMMISSION MEETING June 8. 2004
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 2, 2004
RE: MCACA Grant Application
SUMMARY OF REQUEST:
To authorize applying for a MCA CA grant on behalf of the Frauenthal Center for the Performing
Arts for capital improvements to the Hilt Building.
FINANCIAL IMPACT:
None. The Community Foundation will be responsible for the grant match.
BUDGET ACTION REQUIRED:
STAFF RECOMMENDATION:
To authorize the application.
COMMITTEE RECOMMENDATION:
None.
Fiscal Year 2005
Application Form
Capital Improvements Program
Council Policy requires that an application be submitted by June 1, 2004 to be considered for fiscal year2005 funding.
Each project must be submitted on a separate form. Before preparing the application, please read the preceding guidelines
and application instructions. A copy of this page will be returned to you indicating receipt of your application. If you
haven '!received this acknowledgment by July 1, 2004, contact the Council offices at 517/241-4011. Authorized by
Executive Order I 991-21. Application must be typed.
applicant name & address project/activity title (use the same title as in section 3)
City of Muskegon
933 Terrace Street, PO Box 536 Frauenthal Center for the Performing Arts Facility & Equipmf
Muskegon, Ml 49443-0536
Application fee Section 1: Cover Page, Project Summary
Index 11000 Como Obi 1795 Please limit your response to the space provided below.
Applicants !Il!!fil provide a nan~
refundable fee of$300 or three Grant funds are requested for necessary repairs and upgrades to the Frauenthal
percent of the grant request, Center for the Perfonning Arts (FCPA) facilities and equipment. The FCPA
whichever is less. This fee is includes the historically restored 1748-seat Frauenthal Theater, 168-seat Beardsley
subject to legislative changes. Theater, two large rehearsal halls, a gallery, three meeting rooms, a conference
room, a restaurant, and three floors of office space which houses FCP A
A check in the amount of the Administration, the West Shore Symphony Orchestra, the Muskegon Civic Theatre,
application fee mus1 be the Cormnunity Foundation for Muskegon County, and others.
returned with this application.
Make Check payable to: As the premiere Pe1fonning Arts center in Western Michigan, the FCPA (a 50lc3
The State cf Michigan. nonprofit organization) is dedicated to advancing the culh1ral and economic
Staple the check to this page environment of the area. Iri doing so, it is essential that the facility be in
state-of-the-art condition.
Cash payment is not accepted.
The following necessa,y repairs are to be completed between 10/1/04 and 9/30/05.
Enter grant request Repairs include: leaking entra1_1ce to the Hilt Building, leaking box office windows,
numerous basement leaks, replace dressing room windows, repair weather lobby
$77,000 entrance doors to the FCPA, repair marquee, replace condensate pan and valves,
insulate condenser and NC lines, repair four 1arge chilled water flow units,
Multiply by 3% repair/replace boiler piping and gas valves, repair/replace three VAY damper
motors in the FCPA lobby, repair two sewage pumps, soundproof rehearsal halls,
repair plaster walls in lobby restrooms, replace Wenger choral risers, 12portable
two-way radios, repair orchestra pit lift 1 and replace sound and light absorbing
Application Fee curtains in conference room and rehearsal halls,
$300
(not to exceed $300)
Check one .Ocornrnunity Cultural Planning Grant
!Yi Capital Projects Grant
Cover Page, Project Financial Summary - Figures from Section 5, Project Budget
Cash match --from line 20 Total revenue .. from line 19 Total expeoses ~-from line 34
$77,000 Sl 54,000 $154,000
Applicants legal name telephone
Muskegon, Michigan 23 1-724-6724
other common name website (URL)
official mailing address
933 Terrace Street, PO Box 536
city, state & zip code office hours
Muskegon, Michigan 49443-0536 8:00am - 5:00pm
authorizing official or board designee (can not be same as proj. dir.) title
B1yon Mazade City Manager
board chairperson title
Steve Wannington Mayor
address
993 Terrace Street, PO Box 536
city, state & zip code county name and code
Muskegon, Michigan 49443-0536 Muskegon 61
federal I.D. number status code institution code
38-6004522 l 08 Municipal Government 38
U.S. Representative district number
Pete Hoekstra 2
State Senator district number
Leon Stille 32
State Representative district number
Julie Dennis 92nd
Applicant's primary discipli}1e co~e Grantee race code .
15 w ' '
'
~~i!P~~i~Ji~l~lit~~~ili.~:2~;t!Q1:illlfi¾;ii~iftt?li~~~t1lA!1lifElfi~~tr~X~~~:;it~lt~t~lfi~t'.titf4tt!!ii
1
1
~~
project director (contact person{ cannot be same as auth. off.}) title
Mary$, Oleniczak Executive Director
address city, state & zip code
425 West Western Avenue, Suite #200 Muskegon, Ml 49440
business telephone & hours home telephone & hours
231-722-9750 9:00am -6:00pm 231-557-0083 after 6:00pm and weekends
fax. number ematl address
231-722=46!6 moleniczak@cffmc.org
prOJCCtlacttVlty title start date end date I
Frauenthal Center for the Performing Arts Facility & Equipment Up1 10/01/04 9/30/05
activity's primary discipline code project race/ethnicity code
w
14
type of activity code arts education code
99
I ;eject D1Scriptor
07
project pnmary county code{s) •··· enter au tnat apply
61
Section 4a: Budget Summary (use the figures from Section 5; Projected Budget)
total earned revenue total cash revenue total cash expenses
from line 4 from line 17 from line 32
$25,000 $154,000 $154,000
total unearned revenue total in~kind support total m-kind expenses
from line 15 from line 18 from line· 33
$52,000 $0 $0
cash match total revenue total expenses Council request
from line 20 from line 19 from line 34 from line 16
$77,000 $154,000 $154,000 $77,000
Section 4b: Project Participation Summary
(this information should represent your projections and estimates for the entire grant period)
Tota:1 number of Michigan: artists_participating Total paid. to Michigan artists
2 $5,000
Total nutnber of artists participating ITotal paid to artists
2 $5,000
I
Total number ofio:dividuals benefitting Total number ofy.olit_h benefitting
I
45 0
r;tal nU!llber of new hires ITotal number of employees
10 .
Section 4c: AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION
Circle one
Are your facilities and PROGRAMS accessible to persons with disabilities? @y ON
Are accessibility issues included in your organization's long range plans? @YON
Has an ADA evaluation of your organization's facilities / programs been conducted? (!,i Y ON
If yes give date completed: 111198
Are staff members informed and trained in access issues
Please provide the name and title of the designated staff person responsible for ADA Compliance.
Bill Bodell, Operations Manager
Name Title
The budget must balance. Total revenues (line 19) must equal total expenses (line 34) The amount of
in-kind support (line 18) must equal in-kind expenses (line 33) Round all budget figures to the nearest
whole dollar. Budget figures must be itemized in Attachment #2, including all payments to artists.
Applicant Name: Muskegon, Michigan
I. Admissions $25,000
2. Contracted services
3. Other
add lines 1 12 & 3.
4. Total earned revenue copy the total to Section 4a
5. Corporate support $10,000
6. Foundation support $20,000
7. Other private support $2,000
8. Federal support
9. · Regional support
10. Local government support
11. Other unearned revenue
12. Applicant cash $20,000
13. Sub-total unearned revenue add lines 5 -through- 12
14. State support -not from Council
add lines 13 & 14.
15. Total unearned revenue copy the total to Section 4a $52,000
16. MCA CA grant request amount Copy to Section 4a $77,000
add lines 4, 15 & 16,
17. Total cash revenue copy the total to Section 4a
$154,000
18. Total in-kind support -from line 33 Copy the total to Section 4a $0
I 9. Total revenues add lines 17 & 18. copy the total Section 4a $154,000
add lines 4 & 13,
20 · Cas h mat c h copy the total to Section 4a $77,000
Applicant Name:
Muskegon 1 Michigan
CASH IN-KIND
21. Administrative employees $8,000
22. Artistic employees
23. Technical/production employees $20,000
24. Artistic fees/services -non-employee $5,000
25. Other fees/services - non-employee
26. Space rental
27. Travel
28. Marketing, publicity & promotion $4,000
29. Other expenses $2,500
30. Capital expenses - acquisitions
31. Capital expenses - other $114,500
· add lines 21 through 31.
32. Tota1 cas h expenses copy the total to Section 4a $154,000
add lines 21 through 31.
33. Total in-kind expenses copy the total to line 18 and to Section 4a $O
34. Total expenses add lines 32 & 33. copy the total to Section 4a $154,000
As Attachment #2 - provide a detail itemization/ explanation for each figure in the budgei, on both
the revenue side and the expense side. Itemize each budget figure by identifying the individual dollar
amounts, that when added together, equal the amount you reported in your projected budget.
You must indicate the source for revenue figures or the use for expense figures, for every itemized figure.
The itemized figure for payments to all artists must identify by name the artist, or groups of artists, who will
be paid and their fee. (Instead of listing the names of artists, or group of artists', you may substitute the type
and number of artists to be paid and their fees.) Be sure the total amount to be paid to artists is itemized.
The itemization must explain every dollar listed in the budget. Figures broken down in the itemization must
match the figures entered on a particular budget line. The budget must be complete. The budget must be
typed. The budget numbers must be rounded to the nearest whole dollar (do not include cents).
The budget must balance: Total cash revenues (line 17) must equal total cash expenses (line 32)
Total in-kind support (line 18) must equal total in-kind expenses (line 33)
Total revenues (line 19) must equal total expenses (line 34).
The budget must be accurate and should contain no mathematical errors.
Michigan Department of History Arts and Libraries
Michigan Council for Arts and Cultural Affairs
P.O. Box 30706
Lansing, Ml 48909
Capital Improvements Program
NON-PROFIT (SUBGRANTEE) ORGANIZATION INFORMATION
Fiscal Year 2005
Instructions: Provide the following infonnation for each project being implemented by a Non-
Profit Organization (subgrantees make copies of this fonn as needed.)
Name ofNon~profit Organization Date Founded Number of members (if any)
The Muskegon County Community Four 1/1/66 n/a
Legal Status:
D 501 (cl <2J Attach a copy of the IRS determination letter
0 501 (c) (3)
Michigan Department of History Arts and Libraries
Michigan Council for Arts and Cultural Affairs
P.O. Box 30706
Lansing, Ml 48909
Capital Improvements Program
CERTIFICATION OF OWNERSHIP/ OPTION TO PURCHASE
Fiscal Year 2005
Project title
Frauenthal Center for the Perfonning Arts Facility & Equipment Upgrades
Description of Real or Personal Property
Real Estate located at 427 W. Western Ave.
City of Muskegon
Revised Plat 1903 W. 46 Feet of Lot 3
E. 42 Ft. Lot 4, Block 313
Project's Cost and Funding:
USE OF FUNDS
Grant Funds Local Funds Total
Purchase ofreal or Personal Prone"" $ 10,050 $ 10,050 $ 20,100
$ 77,000 $ 77,000 154,000
Total Proiect Costs $
Option tenns (if applicable) Amal.Ult
Time Period .......... From· To· $
Certification
I do hereby certify that (Applicant) owns or holds a written option to purchase the above property, that the property description
and amounts are accurate, and that the property rights are free of restrictive covenants 1 liens or encumbrances which would
prohibit the timely transfer of property essential to completion of the project above.
Ctm, fft!)rJtP!q 'fcnvrdal?MJ§71-z //u111?-eff17 F
-,
... l, ~ -
L,'hm,i ~ . ~
T?vo0 l::fJ7
Rev.9/02
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 6/8/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: June 8, 2004
RE: Boilerworks Project
SUMMARY OF REQUEST:
To authorize staff to work with HDC Companies to designate the Boilerworks property (including
the "yellow building") as a historic district and include it in the City's Brownfield Plan (including a
letter of support).
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
None.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (BOILERWORKS-HISTDISTRICT)
The
43155 Main St., #2202 248.615.4800 (tel)
Novi, Michigan 48375 248.615.4803 {fax)
Companies
M ay 19"', 2004
M s. Cathy Brubaker-Clarke
Economic Development Director
City of Muskegon
Dear Ms. Brubaker-Clarke,
I am requesting to be placed on the agenda for the June 7th City Council work session and for the Jun 13"' City Council meeting
for the following issues:
A. A discussion of our request for The M uskegon Boilerworks site lo be includecJ into the City's Brownfield plan
and a letter of support from th e city, so that we may rile a Notice of Intent with the Michigan Economic
Development· Corporation that we will be requesting a state of M ichigan Single Business Tax Credit.
B. The completion of th e Historic Designation of the M uskegon Boilerworks site, including the "Yellow Building,"
so that we may complete the state designation process and apply for the Stale of M ichigan Historical Tax
Credits.
I look forward to working out these issues with the City.
Respectfully yours,
Bob Jacobson
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