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CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 27, 2004 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: □ INTRODUCTIONS/PRESENTATION □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Resolution for Charitable Gaming License - Michigan Deaf Association, Inc. CITY CLERK C. Annual Taxicab License Renewal for Port City Cab Company & Yellow Cab Company. CITY CLERK D. Summer Celebration Reguest. LEISURE SERVICES E. Lighthouse Acre Deed. LEISURE SERVICES F. Sale of Marginal Lot at 1095 James Avenue. PLANNING & ECONOMIC DEVELOPMENT G. Sale of Marginal Lots at 348 and 372 Dratz Street. PLANNING & ECONOMIC DEVELOPMENT H. Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue. PLANNING & ECONOMIC DEVELOPMENT I. Sale of Buildable Vacant Lot on Meeking Street. PLANNING & ECONOMIC DEVELOPMENT J. Vacation of a Portion of Jackson Avenue. PLANNING & ECONOMIC DEVELOPMENT K. Vacation of a Portion of Leahy Street. PLANNING & ECONOMIC DEVELOPMENT L. Cool Cities Pilot Program - Grant Reguest. PLANNING & ECONOMIC DEVELOPMENT M. Set Public Hearing for Amendment to Brownfield Plan - "The Watermark" Project. PLANNING & ECONOMIC DEVELOPMENT N. Consideration of Proposals for Nims Street Tank Painting. ENGINEERING 0. First Quarter 2004 Budget Reforecast - Adoption. FINANCE P. Transmittal of 2003 Comprehensive Annual Financial Report. FINANCE □ PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - Harbor Theater. PLANNING & ECONOMIC DEVELOPMENT B. Request to Issue an Obsolete Property Certificate - Harbor Theater. PLANNING & ECONOMIC DEVELOPMENT □ COMMUNICATIONS: □ CITY MANAGER'S REPORT: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Vacation of a Portion of Larch Avenue. PLANNING & ECONOMIC DEVELOPMENT B. Healthcare Renewal/Rx Co-Pay Reimbursement Program. FINANCE C. Liability/Property Insurance Renewal. FINANCE D. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: INSPECTION SERVICES 1. 1381 Seventh 2. 1317 Seventh 3. 637 Amity □ ANY OTHER BUSINESS: □ PUBLIC PARTICIPATION: ► Reminder: Individuals who would like to address the City Commission shall do the following: ► Fill out a request to speak form attached to the agenda or located in the back of the room. ► Submit the form to the City Clerk. ► Be recognized by the Chair. ► Step forward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ ADJOURNMENT: ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172. Date: April 27, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, April 12, 2004; and the Regular Commission Meeting that was held on Tuesday,April 13, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING APRIL 27, 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, April 27, 2004. Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson from the Word of Truth Outreach after which the Commission and Public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger. 2004-40 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was held on Monday, April 12, 2004; and the Regular Commission Meeting that was held on Tuesday, April 13, 2004. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Resolution for Charitable Gaming License - Michigan Deaf Association, Inc. CITY CLERK SUMMARY OF REQUEST: The Michigan Deaf Association, Inc., is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None C. Annual Taxicab License Renewal for Port City Cab Company & Yellow Cab Company. CITY CLERK SUMMARY OF REQUEST: This request is from Thomas Wakefield and Steve Barnum of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Ml. They are requesting approval of a license to operate 11 taxicabs for both Port City Cab Company and Yellow Cab Company. The Muskegon Police Department has inspected the taxicabs and approves this request. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of 11 taxicabs. E. Lighthouse Acre Deed. LEISURE SERVICES SUMMARY OR REQUEST: To authorize the Mayor to sign the quitclaim deed for Lighthouse Acre. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve. COMMITTEE RECOMMENDATION: Leisure Services Board recommends approval. F. Sale of Marginal Lot at 1095 James Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel #24- 612-000-0528-00) at 1095 James Avenue to Perry Dennie, of 539 Bennett Street, Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand his current yard. The other adjacent property owner was offered a portion of this lot, but didn't respond. This lot is being offered to Mr. Dennie for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC) recommended approval of this request at their March 23, 2004 meeting. H. Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of two vacant non-buildable lots (Parcel #24-205-079-0002-10 and #24-205-079-0003-10) at 443 and 453 Catherine Avenue to William Simonitis, of 449 Catherine Avenue, Muskegon, Ml. Approval of this sale will allow Mr. Simonitis to expand his current yard. The lots are being offered to Mr. Simonitis for $1 each under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of these lots will allow the properties 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 deeds. I. Sale of Buildable Vacant Lot on Meeking Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 275 Meeking Street (Parcel #24-613-000-0673-00) to Habitat for Humanity, 280 Ottawa Street, Muskegon, Ml. The lot is 223 x 126 ft. and is being offered to Habitat for Humanity for $13,500. They plan to split the lot into three 74.3 ft. lots and construct three 1,260 sq. ft. single-family homes as part of the Jimmy Carter home building program. The homes will conform to the design guidelines contained in the "policy for Sale of City-Owned Residential Property." Habitat for Humanity will be meeting with the president of the Marquette Neighborhood Association to present the home designs for review. The True Case Value (TCV) for the property listed in the Assessor's Office is $18,000, so our price is set at $13,500 which is 75% of that amount. FINANCIAL IMPACT: The sale of this lot for construction of three new homes will generate additional tax revenue for the City and will place the property back on the City's tax rolls, thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. J. Vacation of a Portion of Jackson Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for the vacation of Jackson Ave., between E. Western and Ottawa Street. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the portion of Jackson Ave., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended the vacation, with the condition as listed above. The vote was unanimous with B. Mazade, S. Warmington, and B. Smith absent. K. Vacation of a Portion of Leahy Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for the vacation of Leahy St., between Larch Ave. and the Hackley Hospital Professional Center entry drive. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the portion of Leahy St., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission unanimously recommended the vacation, with the condition as listed above with T. Harryman not present for the vote. L. Cool Cities Pilot Program - Grant Request. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The State has a new Cool Cities Pilot Program available. Cities that are successful in their applications will receive "catalyst" grants of up to $100,000, which are designated to jump-start their revitalization efforts. Grants are due by May 7, 2004. For the first year of funding, 12 cities will be chosen. Muskegon is proposing to combine this grant with the Neighborhoods of Choice (former Partner Grant) and the MOOT Transportation Enhancement Grant. The Cool Muskegon Committee has recommended that we apply for Wayfinding Signage that will be placed in both the downtown and Lakeside area. In this way, the City can tie these two important cultural, transportation and tourist areas together. FINANCIAL IMPACT: There is no requirement for a match, although several other projects and grants will be tied in with this request. In addition, it is anticipated that the Chamber of Commerce will be able to assist with private contributions to the project. The total project cost is anticipated to be $150,000. This will include a maintenance fund for the signage in the future. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign. COMMITTEE RECOMMENDATION: The Cool Muskegon Committee recommends that the City apply for the Cool City grant and request $100,000 for Wayfinding signage. M. Set Public Hearing for Amendment to Brownfield Plan - "The Watermark" Project. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan Amendment including the opportunity to express their views and recommendations regarding the proposed amendment at the public hearing. The amendment is for the inclusion of property owned by P & G Holdings NY, LLC ("P & G"), known as The Watermark project, located at 1321 Division, in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in including the project in the Brownfield Plan, although the revitalization of the former Shaw Walker building into residential and commercial space will eventually add to the tax base in Muskegon. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on April 20, 2004 and approved the Brownfield Plan Amendment and recommends the approval of the Brownfield Plan Amendment to the Muskegon City Commission. In addition, the Brownfield Redevelopment Authority recommends that the Muskegon City Commission set a public hearing on the Plan amendment for May 25, 2004. N. Consideration of Proposals for Nims Street Tank Painting. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an engineering services agreement with Nelson Tank Engineering & Consulting out of Lansing for a not to exceed cost of $20,175. The scope of services includes the preparation of the contract document and the performance of daily inspection should the project be awarded. Nelson Tank was one of two consulting firms responding to the Request for Proposal. The other firm, Dixon Engineering out of Lake Odessa, submitted a very similar proposal with a not to exceed price of $21,987.50. FINANCIAL IMPACT: The cost for the engineering services (Contract specifications & Inspection) of $20,175. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into an engineering service agreement with Nelson Tank Engineering & Consulting. 0. First Quarter 2004 Budget Reforecast -Adoption. FINANCE SUMMARY OF REQUEST: Staff has previously transmitted the First Quarter 2004 Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated economic conditions, or other factors. At this time staff is recommending adoption of the budget reforecast together with any additional changes deemed necessary by Commissioners. FINANCIAL IMPACT: General fund revenues continue to deteriorate. Currently we estimate the general fund revenue shortfall to be $451,611, attributable mostly to lower than projected state shared revenues. General fund expenditure projections are little changed from the original budget at this time as staff continues to analyze expense reduction options to offset the revenue shortfall. These will be brought to you in the coming weeks. The first quarter reforecast incorporates several significant changes to major capital projects due to updated information not available at the time the original 2004 budget was prepared. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends formal approval of the Reforecast and related budget amendments. P. Transmittal of 2003 Comprehensive Annual Financial Report. FINANCE SUMMARY OF REQUEST: The City's 2003 Comprehensive Annual Financial Report (CAFR) has previously been distributed to City Commissioners. At this time the CAFR is being formally transmitted to the Commission in accordance with state law. The 2003 CAFR has been prepared in accordance with GASB 34 accounting standards. Should the Commission wish to do so staff and the independent auditors are prepared to conduct an in-depth work session to focus on the CAFR as well as City finances in general. FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities for 2003 and includes the independent auditor's unqualified opinion on the City's financial statement. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Acceptance of the 2003 CAFR. Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the Consent Agenda with the exception of items d and g. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays:None MOTION PASSES 2004-41 ITEMS REMOVED FROM THE CONSENT AGENDA: D. Summer Celebration Request. LEISURE SERVICES SUMMARY OF REQUEST: Summer Celebration is asking that the City waive the rental charges for the use of City equipment during the festival. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: The Leisure Services Board did not make a recommendation. They requested more information be provided in order to make a decision. Motion by Vice Mayor Larson, second by Commissioner Shepherd to waive the rental charges for the use of City equipment during the festival. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES G. Sale of Marginal Lots at 348 and 372 Dratz Street. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of two vacant marginal lots (Parcel #24-613-000-0764-00 and #24-613-000-0766-00) at 348 and 372 Dratz Street to Terry Kunnen, Jr., of 354 Dratz Street, Muskegon, Ml. Approval of this sale will allow Mr. Kunnen to expand his current yard. The property located to the North of Mr. Kunnen has an occupied, tax-reverted house located on it. These lots are being offered to Mr. Kunnen for $1 each under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of these lots will allow the properties 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 deeds. Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the sale of two vacant marginal lots at 348 and 372 Dratz Street to Terry Kunnen of 354 Dratz. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES 2004-42 PUBLIC HEARINGS: A. Request to Establish an Obsolete Property District - Harbor Theater. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, Michigan, has requested he establishment of an Obsolete Property District. The district would be located at 1937 Lakeshore Drive, Muskegon, Ml, the former Harbor Theater. Total capital investment for this project is $123,500. The project will result in the creation of 12-14 new jobs in the City. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete Property District for 1937 Lakeshore Drive, Muskegon, Ml. The Public Hearing opened at 5:55 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Vice Mayor Larson, second by Commissioner Shepherd to close the Public Hearing at 5:57 p.m. and approve the resolution establishing an Obsolete Property District for 1937 Lakeshore Drive. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES B. Request to Issue an Obsolete Property Certificate - Harbor Theater. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, Ml, has requested the issuance of an Obsolete Property Certificate for the property located at 1937 Lakeshore Drive (former Harbor Theater), Muskegon, Ml. The building is presently unoccupied, but will be rehabilitated for use as a new improved theater and coffee shop. Total capital investment for this project is $123,500. The project will result in bringing 12-14 jobs to the City of Muskegon. Because of these new jobs, the applicant is eligible for a 9(nine) year certificate. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution issuing an Obsolete Property Certificate for 1937 Lakeshore Drive, Muskegon, Ml for a term of nine (9) years. The Public Hearing opened at 5:58 p.m. to hear and consider any comments from the public. Comments were heard from John Boltema, 625 Seminole. Motion by Commissioner Gawron, second by Commissioner Spataro to close the Public Hearing at 6:00 p.m. and approve the resolution issuing an Obsolete Property Certificate for 1937 Lakeshore Drive for a term of (9) nine years. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES 2004-43 NEW BUSINESS: A. Vacation of a Portion of Larch Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for the vacation of Larch Avenue, between Clinton and Leahy Street. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the portion of Larch Ave., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended the vacation, with the condition as listed above with T. Harryman and T. Michalski voting no. Motion by Commissioner Spataro, second by Commissioner Gawron to approve the vacation of the portion of Larch Ave., between Clinton and Leahy St., with the condition that any City Easement rights be retained. ROLL VOTE: Ayes: Warmington, Carter, Gawron, Larson, Shepherd, Spataro Nays: Davis MOTION PASSES B. Healthcare Renewal/Rx Co-Pay Reimbursement Program. FINANCE SUMMARY OF REQUEST: The City has received 2004-05 renewal rates for the Priority Health HMO program - the healthcare choice of nearly all active City employees. Renewal rates at current benefit levels are 15.1 % higher than current rates. This translates to an additional annual cost of $286,204. Staff has also received renewal rates assuming a change in the drug benefit co-pay from the current $10.00 to $15.00. Making this change lowers the rate increase to 8.9% and achieves gross annual savings of $118,738. We have discussed this option with the labor-management committee and they are generally receptive to the change provided that the city re- implement the $5.00 Rx reimbursement program to help soften the impact on employees. Staff believes that even with this proviso, significant savings will be achieved and recommends approval. FINANCIAL IMPACT: Net annual savings are estimated to be $93,438. The level of employee participation in the reimbursement program will determine actual costs/savings. BUDGET ACTION REQUIRED: No budget action is recommended at this time, however, the change will have positive impact on both the 2004 and 2005 budgets. STAFF RECOMMENDATION: Staff recommends renewal of the Priority Health contract with a $15.00 Rx co-pay and re-implementation of the $5.00 Rx co-pay reimbursement program. Motion by Commissioner Spataro, second by Vice Mayor Larson to approve renewal of the Priority Health contract with a $15.00 Rx co-pay and re- implementation of the $5.00 Rx co-pay reimbursement program. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington Nays: None MOTION PASSES C. Liability/Property Insurance Renewal. FINANCE SUMMARY OF REQUEST: To renew the City's liability and property insurance coverage with the Michigan Municipal Risk Management Association (MMRMA), an intergovernmental self-insurance pool representing more than 300 Michigan municipalities. Since 1986 the City has had liability coverage through MMRMA; in 1999 property coverage was added. Staff is recommending that the City's self-insured retention (SIR) be increased from the current $75,000 level to $100,000. The savings from doing this are nearly $100,000 which means the City would have to have four claims of over $100,000 before the premium savings were offset by the higher deductible. Recent experience has been favorable and staff believes this is a sound risk to assume. FINANCIAL IMPACT: Total contribution of $846,246 comprised of two components: $538,728 fixed insurance costs and $272,300 contribution to the City's self-insured retention fund. The fixed insurance costs represent a 3.5% decrease over 2003-04 costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with MMRMA. Staff believes that intergovernmental procurement of insurance coverage is most cost-effective approach. Moreover, the MMRMA program has the broadest coverage available to Michigan municipalities and the City's past experience with the program has been very positive. Motion by Vice Mayor Larson, second by Commissioner Shepherd to approve the renewal of liability and property insurance coverage with Michigan Municipal Risk Management Association. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None MOTION PASSES D. Sale of Parcel in Seaway Industrial Park. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the sale of Lot #9 in Seaway Industrial Park to Schultz Transport, Inc., 1559 Getz Road, Muskegon, Ml 49441. This company performs commercial snowplowing, in addition to being a transport company. The purchase price is $24,000, which is the full asking price. Schultz Transport, Inc. will be relocating his business from his current location outside of the City, and has from 2-1 O employees, depending on the season. As part of the purchase agreement, Schultz Transport, Inc. has requested a 45-day option on Lot #8. FINANCIAL IMPACT: The sale of this lot, while is located in a Renaissance Zone, will still generate City of Muskegon income tax. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution, deed, and all other necessary documents. Motion by Commissioner Shepherd, second by Commissioner Spataro approve the sale of lot #9 in Seaway Industrial Park to Schultz Transport Inc., 1559 Getz Rd, Muskegon for $24,000 with a 45-day option on Lot #8, and authorize the Mayor and Clerk to sign the resolution and deed and all other necessary documents. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES E. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: INSPECTION SERVICES SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structures at 1381 Seventh, 1317 Seventh and 637 Amity are unsafe, substandard, public nuisances and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. 1. 1381 Seventh CASE# & PROJECT ADDRESS: #EN-040025 - 1381 Seventh LOCATION AND OWNERSHIP: This structure is located on Seventh Street between Merrill and Monroe and is owned by Chase Manhattan Bank, Houston, Texas. STAFF CORRESPONDENCE: A dangerous building exterior inspection report was written 2/2/04 and Notice and Order to Repair or Remove was issued 2/3/04. An interior inspection was conducted 2/26/04. On 3/4/04 the HBA declared the structure substandard and a dangerous building. OWNER CONTACT: A local realtor called and scheduled the interior inspection and stated he would be at the HBA meeting 3/4/04, but he was not there. There has been no contact since the interior inspection. FINANCIAL IMPACT: CDBG funds. BUDGET ACTION REQUIRED: None SEV: $15,000 ESTIMATED COST OF REPAIRS: $25,000 STAFF RECOMMENDATION : To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals to demolish 1381 Seventh and have the Mayor and City Clerk execute a contract for demolition with the lowest responsible bidder. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES 2. 1317 Seventh CASE# & PROJECT ADDRESS: #EN-040026- 1317 Seventh LOCATION AND OWNERSHIP: This structure is located on Seventh Street between Houston and Monroe and is owned by Option One Mortgage, Irvine, California. STAFF CORRESPONDENCE: A dangerous building exterior inspection report was written 2/2/04 and Notice and Order to Repair or Remove was issued 2/3/04. On 3/4/04 the HBA declared the structure substandard and dangerous. OWNER CONTACT: There has been no contact from the mortgage company. FINANCIAL IMPACT: CDGB funds BUDGET ACT_ION REQUIRED: None SEV: $16.700 ESTIMATED COST OF REPAIRS: $4,000 plus the cost of interior repairs. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with the Housing Board of Appeals to demolish 1317 Seventh and have the Mayor and City Clerk execute a contract for demolition with the lowest responsible bidder. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES 3. 637 Amity This item was asked to be removed by staff. The Regular Commission meeting for the City of Muskegon was adjourned at 7:12pm. Respectfully subm1ted, ~o-~~Q- Gail A. Kundinger, MMC City Clerk Date: April 27, 2004 To: Honorable Mayor and City Commissioners From: Gail Kundinger, City Clerk RE: Resolution for Charitable Gaming License SUMMARY OF REQUEST: The Michigan Deaf Association, Inc., is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None 2004-40(b) l l ~ Charitable Gaming Division Box 30023. Lansing. Ml 48909 OVERNIGHT DELIVERY: 101 E. Hillsdale, Lansing Ml 48933 w (517) 335-5780 UJrTllr www.michigan.gov/cg LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES (Required by MCL.432.103(9)) Ata ____Regular __________________ meetingofthe ____ City Commission ____ _ REGULAR OR SPECIAL . TOWNSHIP, CITY. OR VILLAGE COUNCIL/BOARD calledtoorderby _Mayor Warmington on _Apr i 1 2 7 , --~0 O_'!_ __ _ DATE at____~..:._1_0______ J.fu./p.m. the following resolution was offered: TIME Moved by_ Commissioner S_]2_atarQ3ndsupportedby _Commissioner She_.2._herd that the request from_ Michigan_Deaf_Associationof Inc. __ Muske__g_on ___ , NAME OF ORGANIZATION CITY county of _______ Muskegon __________________ , asking that they be recognized as a COUNTY NAME nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for _ Approva 1 _____________ . APPROVAL'OISAPPROVAL APPROVAL DISAPPROVAL Yeas: 7 Yeas: Nays: 0 Nays: Absent: 0 Absent: I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the City _Commission ___________ at a ___ Reg}.l la r ____________ _ TOWNSHIP, CITY OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL meeting held on___ Apri 1 27 , __2004 _________ . SIGNED: ---~ ---Q ,: TE. . . . . .,/\r--,J...IV,,..A.N~_J l..l'-.'_ _ _ _ _ _ _ _ _ _____ _ _ _ _ _ _ _ _ _ _ __ __ _ Gail A . Kundinger, MMC, City Clerk PRINTED NAME AND TITLE 933 Terrace, Muskegon, MI 49440 ADDRESS COMPLETION : Required. PENALTY. Possible denial ol application. B SL-CG-11 53(R7 /02) , 11'1Y-04-1999 04:34 EP/EO a.JSTOMER SERVICE P.02 Interual Revenue service Department of the Treasury District Director P. O. Bo>< 2508 Cincinnati, OH 45201 Person to Contact: John Kennedy 31-02763 Customer Service Representative Telephone Number, Michigan Deaf Association, 877·829-5500 Inc. i'a:x Humber: c/o Dallas Barker 513-684-5936 4333 Carmanwood Pr. Federal Identification Nllmber? Flint, MI 48507 38-1814242 Accounting Period Ends December 31 Dear Sir: This is in response to your request for a letter affirming your organization's exempt status. In July 1945 we issued a detei:mination letter that recosnized your organization as exempt from federal income tax under section 101(6) of the Internal Revenue Code of 1939 (now section 501(c) (3) of the Internal Revenue Code of 1986). That determination letter is still in effect. We classified your organization as a publicly supported organization, and not a private foundation, because it is described in sections 509(a) (1) and 170(b) (1) (Al (vi) of the Code. Thie clapsification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's purposes, character, method of operations, or sources of support have changed, please let us know so we can consider the effect of the change on the organization's exempt status and foundation status. Your organization is required to file Form 990, Return ot Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is re ired, it must be filed by the 15th day of the fifth month after the end o the organizarion's annual accounting period. The law imposes a penalty of $2 a day, up to a maxilllllm of $10,000, when a return is filed late, unless there is reasonable cause for the delay. As of January 1, 1984, yo organization is liable for taxes under the Federal Insurance Contributions Act {social security taxes) on remuneration of $100 or more the organization pays o each of its employees during a calendar year. There is no liability fort e tax i111POsed under the Federal Unemployment Tax Act (FUTA). Organizations that ;Qee not rivate foundations are not subject to the excise taxes under Chapter 42 of Code. However. these organizations are not automatically exempt from er federal excise taxes. 1r you have any questions about excise, em oyment. or other federal taxes, please let us know. Donors may deduct contribu 'ons to your organization as provided in section 170 of the Code. Bequests, legacies, devises, eransfers. or gifts to your organization or for its us are deductible for federal estate and gift tax purposes if they meet the plicable provisions of sections 2055, 2106, and 2522 of the Code. Your organization is not r quired to file federal income tax returns unless it is subject to the t~ on elated business income under section 511 of the Code. lf your orgaru.zatio is subject to this tax, it must file an income tax return on Form 990-T, Exe t Organization.Business Income Tax Return- In this letter, we are not detenni ing whether any of your organizatio~•s present or proposed activities are elated trade or busineee as defined in seccion 513 of the Code. . • MAY-04-1999 04: 35 EP/EO CUSTOMER SERVICE P.03 -2- Michig~n Deaf Association, Inc. 38•1.814242 Because this letter could help resolve any questions about your organization's exetl\Pt status and foundation status, you should keep it with the permanent records of the organization. If you have questions, please call us at the telephone number shown in the heading of this letter. Sincerely, ~ - ~~ t'... .. c. Ashl Bullard District Director TOTAL P.03 ~i~~~N iE6~:~~~~TA~Fsi~~~~~~~;~~g:;~~~~~~~ BCS/CD-2000 (11/03) llllllllllll lllll llllllllll lllll lllll lllll 1111111111111111 2003 NONPROFIT CORPORATION INFORMATION UPDATE □ To certify there are no changes from your previous filing check this box and proceed to Item 6, If the resident agent and/or registered office has changed complete Hems 1-6. If only officer and director infonnation has changed complete Items 4-6. FOR BUREAU USE ONLY ldenlilicatioo Number Colporalion name MICHIGAN DEAF ASSOCIATION, INC. 851152 . Resident _ , i name aoo maililg addn . ( ~,,,- rTL ''i] ,A.,,:-u,._ lUlt ,, ,•,:.l•. 0183 RICHARD HARKLERO MICHIGAN DEAF ASSOCIATION INC. 2330 IRONWOOD DR P.O. BOX 21235 62-15/311 LANSING, Ml 48909 CLARKSTON Ml 48341 ""'·~·?,,;lcf>J/ 6'Z:::e St"ti/i:- cf 7Jl;j;z I $;f!.b,oo I::;;E~~ Dollars f?i~ --- ~~ The address of tt., registered office PNCBANK Wilminpon, Od:nn.re 2330 IRONWOOD DR CLARKSTON Ml 48348 For ,;).e)b,1 pJ.fttV¥'f7/k_ ____ -- _ _::_._. ---llf" ,:□ 3 lo I.OD lo 5 ?1: 1,qa.1,a.ascia. 211• 0 1,8 3 1. Mailing address of registered office in Michigan (maybe a P.O. Box) 2. Resident Agent Dtctno.. /VtCKi lli:-1c.k... bAco1son. MI r- d:_NAME Q. 14 If different than !OZ M woe Off!C: E: TREASURER Under no circumstances shall chapters incur officers, AND chapter representatives aoo--the Treasurer shall: indebtedness in the name of this Association. imme0iate past Presh:leRt on the board. 1. Be responsible for all moneys collected and SECTION E: ELECTION OF CHAPTER ARTICLE 4 - DUTIES OF OFFICERS disbursed by this Association and record all OFFICERS accounts of receipts and expenditures. SECTION A: PRESIDENT 2. Prepare quarterly up-to•date financial I. Chapters shall hold their elections at the President shall: reports prior to each meeting of this earliest possible time after the Association Association and Board of Directors. convention. I. Preside all meetings of this Association an 3. Sign as the principal co•signer of checks of 2. The names and addresses of all chapter enforce order. this Association. (AFl:isle 9; a:2} officers shall be forwarded to the Association 2. Enforce due observance of the Constitution 4. Keep records of all membership dues, and Secretary immediately after each election. and By-Laws. issue receipts and membership cards upon 3. lfa chapter officer is elected to an office of 3. Appoint standing and special committees. receipt of dues collected and sent in by chapter this Association. He/she will automatically be 4. Appoint the nominating committee at least Treasurers. required to give up his/her office in his/her six (6) months before the biennial convention. 5. Keep an up-to-date membership list. chapter. $. Ile eRe effeur {1) effisers autheFize8 ta 6. Post a bond every two (2) years, amount to ea sign sheslis efthis Asseeiatien. (,ii Ftisle 9; be determined by the Board of Directors, SECTION F: DUTIES OF CHAPTER seat. 1\:2} including the theft indemnity clause, bond TREASURER 6. 5. Maintain liaison with the National premium to be paid by this Association. Association of the Deaf at all times. 7. Maintain various funds as set up, with The chapter treasurer shall assume full 7. 6. Call special meetings as necessary. advice of the Board of Directors. responsibility to collect dues and forward sam with names and addresses to the Association SECTION B: 1st VICE-PRESIDENT SECTION !i:F: FUND RAISING CHAIR Treasurer within thirty (30) days of their 1ST Vice-President shall: Fund Raising Chairperson shall: receipts. The membership cards will be issued I. Perform all duties of the President in his/her by the Association Treasurer only. absence. I. Appoint a minimum of 3 members to serve 2. Perform other assignments that the President on the fund raising committee. SECTION G: REPRESENTATIVES TO may delegate. 2. Plan activities or events to raise funds. THE BOARD OF DIRECTORS MEETINGS 3. Advise and assist the chairperson of the 3. Submit plan and itemized budget to the local planning committee with the biennial Board of Directors for approval. I. Each chapter AND AFFLICIATED convention program. 4. Be responsible for the receipts and ORGANIZATION President shall 4. Serve as the Chairperson of the Association expenditures of the activities or events. automatically become a member of the Board Law Committee. 5. Shall make a financial report to the Board of of Directors. Directors during the next board meeting after 2. Each chapter AND AFFLICJATED SECTION C: 2ND VICE-PRESIDENT the completion of an activity or an event. ORGANIZATION President shall attend all 2ND VICE-PRESIDENT SHALL: Board of Directors meetings. In case of I. PERFORM THE DUTIES OF THE ARTICLE 5 - CHAPTERS absence, he/she shall appoint an alternate who PRESIDENT IN THE ABSENCE OF THE is a member in good standing. A written OR PRESIDENT AND I ST VICE-PRESIDENT. SECTION A: ESTABLISHMENT VERBAL authorization for the alternate must 2. PERFORM OTHER ASSIGNMENTS be forwarded to the Association Secretary. THAT THE PRESIDENT MAY DELEGATE I. The Board of Directors shall promote the IN HIS/HER ABSENCE. establishment of Association chapters covering SECTION H: EXPENSES FOR BOARD OF 3. SERVE AS THE EDITOR OF THE such areas in the state of Michigan as it may DIRECTORS MEETINGS ASSOCIATION'S NEWSLETTER. deem advisable. 2. The executive board shall provide Each chapter shall assume the responsibility o SECTION G:D: SECRETARY duly-executed charters bearing the Association reimbursing expenses for transportation and Secretary shall: seal to the chapters. meals incurred by their representatives. I. Record minutes of all official Association's SECTION B: PURPOSE ARTICLE 6 - FUNCTIONS OF BOARD and Board of Directors' meetings, and shall OF DIRECTORS prepare same for publications within sixty (60) 1. The purpose of chapters are to recruit more days. members in their respective areas for this SECTION A: 2. Be responsible for all official Association. THE BOARD OF DIRECTORS SHALL: correspondence conducted in behalf of this 2. The aim is to maintain interest and assist in Association and its Board of Directors as carrying out the general objectives of this I. Be empowered to transact all business delegated to him/her by the President and/or Association. affairs of this Association between the Board of Directors. conventions. SECTION C: OBJECTIVES 2. Determine per diem expenses to the executive board, law committee chairperson 4 MDA CONSTITUTION & BY-LAWS and the editor during c.onventions from time to 3. Chairperson shall appoint sub-committees to shall be made by the assembly at the time. handle registration, program and banquet. Association's biennial convention. 3. Assume the responsibility of reviewing any 4. The host committee shall mail convention proposals, motions, or amendments prior to information along with hotel/motel reservation SECTION I: SOLICITATION convention. card, at least six (6) months before any 4. Have the power to suspend any officer(s) for convention. No soliciting for any purpose shall be allowed good and sufficient reason by a two-thirds 5. The host committee shall work closely with at any convention without prior authorization (2/3) vote. the Board of Directors in the planning for by the Board of Directors. 5. Have the authority to administer all funds convention. donated to this Association. 6. The host committee shall submit all reports ARTICLE 9 - FUNDS of convention and finances to the Association SECTION B: REIMBURSEMENTS President within ninety (90) days after the This Association shall maintain a general fund convention, and shall become final upon the and Reslrie~ed RESERVE funds, as specified: I. Reasonable expenses incurred by the duly- Board of Directors' approval. elected officers, the immediate past President SECTION A: and the Members-at-Large attending board SECTION C: FINANCIAL REPORT General fund shall be maintained to help meetings shall be reimbursed by this defray its operators expenses. Association. I. The financial report shall include an 2. The mda record editor and President's itemized record of all receipts and I. All revenues from dues, affiliation fees, committee chairperson(s) attending on the expenditures as recorded on the last day ofth contributions, and transfer ofm-eaeys FUNDS President's request shall also be reimbursed by convention. rom other sources shall be deposited into this the Association. 2. After all expenditures are paid, convention Association's checking account. The checking moneys on hand shall be divided sixty (60) account maximum balance shall ene thousanS ARTICLE 7 - QUORUM percent to be given to the host chapter and (S l,QOQ) Sellars. Any excess mooeys FUNDS forty (40) percent to be given to the AS DECIDED BY THE EXECUTIVE SECTION A: BOARD shall be transferred to the savings The number of members of the Board of account. Directors present shall constitute a quorum. 2. Any th,ee (l) effeu, (1) alllse,s TWO (2) l. A majority vote shall decide all transactions. OF SIX (6) DULY-ELECTED OFFICERS arc required to co-sign for disbursement of moneys from the general fund. as states iA B) SECTION 8: Laws, Artiele 1: sestioRs a:?, b:$, s:1 aRS 8:3. Members of this Association present at all Convention agenda shall be determined by the conventions and officially announced general Board of Directors. 3. The Treasurer is authorized to spend a total meetings shall constitute a quorum. of no more than !$0-$100, adjusteS ts the SECTION E: aAAblal rale efiRflation, each month. I .a majority vote shall decide all transactions Nominations for any office may be made in AMOUNTS ABOVE $100 REQUIRE except amendments. (see Article X.) two (2) ways. APPROVAL OF THE EXECUTIVE BOARD ARTICLE 8 - CONVENTION I. From floor. 4. No moneys arc withdrawn from the 2. By the nominating committee. checking or savings account for making investments before the approval of the Board SECTION A: CONVENTION BIDS SECTION F: VOTING PROCEDURE of Directors. The Board of Directors must receive complete information on any I. This Association shall accept bids from host I. During business sessions, the voting shall be investment before making decision. chapters for future conventions. It shall by show of hand. schedule at least four (4) years in advance. 2. During elections, the election of candidates SECTION B: 2. Host convention bids must have approval in shall be by written ballot. -Q..estrieted RESERVE NAD quota fund shall writing from the officers of the chapter making 3. Balloting shall continue until the candidate be maintained to help defray the annual quota the bid. has received a majority vote. assessment imposed on this Association by the 3. Chapters shall submit host convention bids 4.a majority vote of an assembly present may National Association of the Deaf. to the Board of Directors at any time up until transact any and all business of this l. Tl~e moAe) amouRt, detimninsd by the the general opening of the convention. The Association except amendments. (see art. X) Goard ofDiree!ors shall be eelleeted Hom bid must be accompanied with letters of eaeh eoH•·entioA FegistFant anS Be Se13osited confirmation from a site. SECTION G: VETO iAte this fi1Ad. 4. The next convention site shall be 1. S1:1ff!lws fuRds may Be used to helfl defra) determined by the Association members in The assembly may veto any decision or action the eirtrnAses iReumd By the AsseeiatioR assembly at convention. of the Board of Directors. delega!e(s) ta NAD eoRveAtien. THE PER-PERSON QUOTA FEE SET BY SECTION B: HOST COMMllTEE SECTION H: N.A.D. CONVENTION THE NATIONAL ASSOCIATION OF THE DELEGATES DEAF (NAO) SHALL BE COLLECTED I. The bidding chapter receiving the majority FROM THE DUES AND BE DEOPOSITED vole shall be host committee for the next The Association President and Vice-President INTO THIS FUND. THE STATE FEE SET convention. are the delegates to the National Association BY NAO SHALL BE DISBURSED OUT OF 2. Host committee shall select its own of the Deaf(N.A.D.) biennial regional meeting THE ASSOCIATION OPERATING chairperson and notify the Association and convention. Selection of additional EXPENSE FUND. President. Association delegate(s) to NAO convention SECTION C: 5 MDA CONSTITUTION & BY-LAWS RestriGted RESERVE convention fund shall 3. The fiscal year of this Association is from time and money for the benefit of Deaf people help to defray deficits incurred by the January I to December 31. or this Association. committee hosting the biennial conventions of this Association. ARTICLE 10 • COMMITTEES I. Suggested awards listed: I. Only the Board of Directors shall be All committee chairpersons shall be appointed President's Award empowered to disburse moneys from the by the President with the approval of the Volunteer of the Year convention fund. This shall be based on proof Board of Directors. The President shall be an Employer of the Year of reasonable needs of the host committee. ex•officio member of all committees, except of Interpreter of the Year the nominating committee. Ben Beaver Leadership Award SECTION D: Special Awards ~~ RESERVE scholarship fund is SECTION A: LAW COMMITTEE established to preserve the memories of Law Committee shall review the Constitution Thomas Lewis Brown and Willie Hubbard, and By-Laws of this Association and long time and beloved teachers of Michigan recommend PROPOSAL FOR changes to the school for the Deaf, and Grace Lacey, beloved Board of Directors and the convention. 2. LiaisoA u•ith LioAs Ch1b friend and interpreter for the Deaf people, 3. Amrnal stale 13icnic (FCSJWAsiBilit) of all especially in the Detroit area. I. Recommendations must be presented to the ~ Board of Directors ninety (90} days, and to I. The purpose of the fund is: members in good standing sixty (60) days ARTICLE II · AFFILIATIONS prior to the convention. A. To disburse reasonable amount of 2. Final decisions of revisions are made at the SECTION A: scholarship fund, upon approval of the Board convention. Except for Deaf organization in Article v of of Directors, annually to each legally Deaf 3. GAi) the bav, Commiuee shaiFJleFSOfl shall the Constitution, any other agency or recipient, male and female, who graduate fro Be FeimBtmed fer dl!rati011 ofEOAVeAtioA. organization, incorporated or not, may affiliate secondary school programs, two from 3. THE 1ST VICE-PRESIDENT SHALL BE with this Association by signing an article of Michigan school for the Deaf and two from THE CHAIRPERSONOF THE affiliation, going on record as being mainstreaming settings which practice the total CONSITUTION AND BY-LAWS wholehearted willing to cooperate in the work communications philosophy, based on COMMITTEE. of this• Association in advancing its purposes. academic achievements and leadership. B. Detailed procedures and eligibility will be SECTION 8: WAYS & MEANS SECTION 8: set forth by the Board of Directors. COMMITTEE Each agency or organization shall pay an Ways & Means Committee shall provide nnual affiliation fee oft•,,eflt)' ($20.QO} 2. Maintenance of fund: overall financial statements and FIFTY ($50.00) dollars to this Association. recommendations for improvement or growth, The fee shall be deposited into the general The ViGe PFesideA:l FUNDRAISING to the Board of Directors at the biennial fund. CHAIRPERSON shall assume responsibility convention. of raising or seeking contributions to SeCTIO~I C: - I. This committee shall review the income, RepFesentati"es afaffiliates may Rai•e voise at perpetuate this fund. SECTION E: expenditures and programs financed by this Association, and submit a proposed two-year t«- !his Assosiation's FFrnetings, But shall haue RO Restricted RESERVE Ben Beaver Award Fund budget to be put into effect on January 1st. (COMBINATION OF MICHIGAN SCHOOL This proposed budget shall be subject to the S ECTION QC: FOR THE DEAF, DON BROWN AND BEN approval of the Board of Directors. • Each agency or organization, upon annual BEAVER FUNDS) is maintained to be used 2. The approved budget will be put into effecO payment of an affiliation fee, shall be entitled for class action suits for the benefit of all Deaf beginning January I after each biennial to any current information and newsletters. people's rights. convention. ARTICLE 12 - OFFICIAL PUBLICATION I. The MINIMUM BALANCE limit of this SECTION C: RESOLUTION COMMITTEE fund shal I be kept iA rnAge sf.\T Resolution Committee shall prepare SECTION A: three-thousand ($3,000) dollars. THIS FUND resolutions, policy statements or plans of This Association shall publish a newsletter, SHALL EARN INTEREST. ANY AMOUNT action to be followed up by the Board of THE J\IDA RECORD, at least four (4) times IN EXCESS OF $3,000 MAY BE USED FOR Directors. a year. It shall include minutes of the Board o THE PURPOSE OF THIS SECTION. Directors meetings. 2. The responsibility for collecting SECTION D: NECROLOGY COMMITTEE contributions and disbursing moneys shall be SECTION B: assumed by the Board of Directors. Necrology Committee shall prepare a list of members who have passed away between The purpose is to keep the members and SECTION F: AUDIT OF FUNDS conventions. affiliated organizations up to date by distributing information and news about the I. The President shall appoint three (3) SECTION E: NOMINATING COMMITTEE activities of this Association. auditors, one from each of any three (3) Nominating Committee shall ask for Association chapters, with the approval of the nominations for state officers, and prepare a SECTION C: Board of Directors. The Treasurer's report slate for the election process. (see ART. 4; A The e8itoF sf tho mda reGerEI sAall Be requires the signatures of at least two (2) out of SEC.A:4) " appeinted B} the ereslltivo Beanl, '.',ith three (3) auditors. apprn, al ef!Re Board efDire1Hers. The editor 2. The financial status of this Association shall SECTION F: AWARD COMMITTEE (2ND VICE-PRESIDENT} shall be reimbursed be audited by the two (2) auditors at least two Awards Committee shall determine individual for expenses incurred in publishing of ffiOO: (2) times a year. awards for outstanding deeds or donations of - THE MDA RECORD by this 6 _____ MDA CONSTITUTION & BY-LAWS Association. the fee to be 0etermme8 By the BoaF8 efDirnstoFS. SECTION D: All newsletters shall be mailed to those listed on the official membership list. Other individuals or organizations may subscribe to the mda record, at a fee determined by the Board of Directors. ARTICLE 13 - PARLIAMENTARY AUTHORITY Robert's Rules of Order, revised, shall be the parliamentary authority on all matters not covered by the Constitution and By•Laws of this Association. DATES OF AMENDMENTS 198; Kalamazoo 1993 Flint ,~Tro: f'nT f>Lo4SO Y\ 'T OATH OF OFFICERS-- "l hereby promise to observe and uphold the Constitution and By-Laws of the Michigan Deaf Association, Inc. To protect the rights of Deaf Citizens. I will at all times discharge the duties of my office to the best of my ability. So help me God." [This is not a part of the Constitution and Bylaws. It was added as a guide for a person who leads the oath. (9/29/1995)] NOTES: • STATE OF MJCHIGAN BUREAU OF STATE LOTTERY LANSING JENNIFER M. GRANHOLM GARY C. PETERS ~ CCM,ISSIOOER LOCAL CIVIC ORGANIZATION QUALIFICATION INFORMATION Please allow at least 4 weeks for the qualification process. If the organization has never submitted qualifying information as a local civic organization, the following information shall be submitted prior to being approved to conduct a bingo, milligoaire party, raffle. charity game or ot1meral g a ~ - - - - - - - - - - - - - - ,--- -.......______ - 1. A signed and dated copy of the organization's current bylaws or constitution. " e orga Ic es o ncorporatIon that have been file ~,.c.__ __ ----~.. ...---·__ the Corporations and Securities Bureau, if the organization is incorporated. . --- -; -- - ------------- -- .. --·--·-···········~-- ·----·-····-··-----· 3. •A copy of the letter from the IRS stating the orgariTzatic5ri-ts··exemprrrom ederal tax ··.) ,- - under IRS code 501 (c)_~ . '----··· . OR - ··· ····--· .. copies of one bank statement per year for the previous five years, excluding the current year. 4. A provision in the bylaws, constitution, or Articles of Incorporation that states should the organization dissolve, all assets, and real and personal property will revert: A. If exempt under 501(c)3, to another 501(c)3 organization. B. If not exempt under 501 (c)3, to the local government. 5. A receipt and expenditure statement for the last two years. If expenditures were made to individuals, explain the nature of these expenditures. 6. A copy of a resolution passed by the local body of government stating the organization is a recognized nonprofit organization in the community (sample format attached). 7. A provision in the bylaws, constitution, or Articles of Incorporation indicating the organization will remain nonprofit forever. Additional information may be requested after the initial documents submitted have been reviewed. If you have any questions or need further assistance, please call our office at (517) 335-1159. Act 382 of the Public Acts of 1972, as amended, defines a local civic organization as an organization "not for pecuniary profit and not affiliated with a state or national organization, which is recognized by resolution adopted by the city in which the organization conducts its principal activities, whose constitution, charter, articles of incorporation, or bylaws contain a provision for the perpetuation of the organization as a nonprofit organization whose entire assets are pledged to charitable purposes, and whose constitution, charter, articles of incorporation, or :;:,~::;r~~ ~ r- bylaws contain a provision that all assets, real property, and personal property shall revert to the benefit of the city Lr,:-.. -, 1 E HILLSDA~:~h~g~~:~~~;;,~t~3~-~~~~ICHIGAN 48909 ~-11/-r Date: April 27, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Annual Taxicab License Renewal - Port City Cab Company & Yellow Cab Company SUMMARY OF REQUEST: This request is from Thomas Wakeield and Steve Barnum of Wakefield Leasing, whose office is located at 770 W. Sherman Blvd., Muskegon, Ml. They are requesting approval of a license to operate 11 taxicabs for both Port City Cab Company and Yellow Cab Company. The Muskegon Police Departrrent has inspected the taxicabs and approves this request. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of 11 taxicabs. Al'PLICATICtl Name of Company (d,b,a,) Address of 0£fice _ _ _ _ _ _ _ _L.,L.Q:,_-1.c;.....c:il~'l,,l.::::..~a:.~~L.d:.:C..""-:=-:- Name & Residence o£ ) Age_£I_ each person interested ) in or connected with the ) above, individual, firm or) - - - - - - - - - - - ' - - - - - - - - - Age~--- corpora ti on. ) ------------------- Age_ __ ___________________ Age_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __ Present Business o£ each person connected with the above application. Give experience of applicant in taxicab business in this City or elsewhere. Number of cabs applicant proposes to use_ _ _ _ _,,1...~c):::...,_____________ Are there any unpaid or unbonded judgments of record against the applicant Have any of the persons connected with the above as individual, firm or corporation been charged with or convicted of crime or misdemeanor, if so, state date and Court. _________...,_lf-'l)"'--------------- State liens, mortgages or oth r!efl!umbrances including conditional sales contracts on such taxicabs. tJ.l.12. Attached hereto is a list of the automobiles with name of make, body-style, year, serial and engine number, state license plate number, seating capacity, weight of car which is considered a part of this application. The applicant's annual financial and profit and loss statements covering his operations during the last preceding fiscal year shall be attached to this application. Signature Subscribed and sworn to before me a Notary Public i.n and for Muske County, Michigan, this ·:') day of /• /,,,.•. \- . , ~ :)Cf. q My commission expires J5-' - I ~.,) --- (l '-⇒- ll, '(\ ..,,.__, k k u J'L D i,1... ~> 111•, ·)r; 1;/ - . Notary Public Application Approved Chief of Police APPLICATIOO FOR TAXICAB OPERATOR in the I uJ\., CITY OF MUSKEGON, MICHIGAN 'I_, f} 'f '1' '1 Name of Company ( d, b, a, ) _ _ _S::.L..fw.e.,:dS../<-.£E'-""-~Ei,,,:...!"°:>'-.l.l...L./JWl~1~<½=t------------ Address of Office / 3:; 0 ? /i'c., lty e£ /Jcu'/u,; ' _ _ _ _ _ _ _ _7_ _ _ Age _ __ _______ Name & Residence of ) each person interested ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __ in or connected with the ) above, individual, firm or) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __ corporation, ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age _ __ Present Business of each person • h h . . (>l,5 -.. - ~ t<-Jt..t:C.C.,ff-A4'"<" 11 1 0 2 S • t.t.111 1:0? 20000 'H,1: •81.0 3 b 3 • b011' B~/25/2004 10:41 5173717121 PAGE 01/02 AC_ORQ." CERTIFICATE OF LIABILITY INSURANCE CSR !CW CF-W11KE I DATli jMM/DDJYYYY) 02/25/04 PRODUCER THI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE Hirsoh B~anch HOLDER. THIS CERTIFICATE DOES NOT AMEND, ESXTENO OR. 615 N capitol Ave ALTER THE COVERAG£c AFFORDED SY THE POLICIES BELOW, Lan$ing MI 48933 Phone:517-371-2~00 Fax: 517-:,71-5059 INSURERS AFFORDING COVcRAGE NAIC# IN$URED INSUR~A: J,rnoi:j.eia.n CaiSIJ-iiil;lty %ri,urancei INSURE:!\ S; Wakefield Leasing Colp, INSURERC: DBA l'o:i:t. City Ca company 770 W. Sherman INSURER D; Muskegon MI 49441 lNSURERE: COVERAGES THE POLICIES OF INSUAANCE. LISTED BELOW HAVE BE.!~ ,ssue:o TO THE IN$URE.O NAf.1EO ABOVE FOR THe POLICY PERIOD INDlCATCO, NOTWITH$TANtllNG ANY RliO.UJReMENT, TERM OR CONOIT10N OF ANY CO!'lffAACT OR OTH~R OOCUMENr WITH Rl:SP!i:CTTO v,JH!CH THIS CERTIFlCATI: MAY BE JSSUl:D OR MAY PERTAIN, THE INSVRANCE AFf'ORDE □ ev THE POUCIES OESCRIEIEO HEREIN IS SUBJ!:.CTTO ALL TI-IE: T~Fl.MS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HJ>.VE B6EI~ R!:.OUCE □ BY PAID CLAIMS. ·L~ NSR YYPE or INSURAtJC5 f'Ol,.ICY NUMBER oATE iMMJor:,,yy-, = "DATE (MMt.OIDVVf' LIMITS • -GENERAi. t.lABILlTf cACH OCCURRENC5 >-- COMMl:.RCIAL G!:.NERAL LIABILITY ==1 C~IMS MADI: D OCCVR PRifi,.-i!SEs /Ea 0001,;(Qnee\ MEO exp {Any onQ person) • $ >-- PERSONAL & AOV INJURY $ f- f- QENEMI.- AGGREGATI: • h GEN'LAGG1'6GATE L1MIT APPLIES PER: POLICY n 'Jrr?r rr LOC PRODUCTS • COMPfOP AGG • A -AUTOMOBILE UABJL\if ANY AUTO 250362940 03/01/04 03/01/05 COMBINED SINGLE LIMIT (Es a~i::ident) $ - - ALL OWNGD AUTOS BODILY INJURY Gl00,000 -- X SCI-IEOULED AU1'0S tilREDAUiOS (Por person} --- B0011.Y INJURY •300,000 NON-OWN!;;D AUTOS (Per e¢d1!11'\I) PROF'l;.RTY DAMAGE {Per eix;idel'll) $100,000 GARAGE LIABILITY AUTO ONLY-EAACCIDE:NT HANYAUTO OTMERTHAN EAACC ' $ EXCESS/UMBRELLA LIABlLIT'( AUTO ONLY: EACH OCCURReNce. AGO • =:] OCCUR □ AGGREGATE ' CLAIMS MADE ' ~ 050UCtlBLE. ' Rt.TENTION ' $ WORK~ OOMPENSA.TlON AND ErJIPl.OYERS' LIABILITY ' ITORY w.-11rS I /VER M E:,l., EACH ACCIDENT ANY PROPRIEiORIPARTNER/EXECUTNE OFFICl:R/MEMBER ~:XCLUOI: □ ? E..L. DISEASE- EAEMPI.OYEE S ' !f ~s. deS(:tiba ul\®f S CIAL PRO\IISIONS below E,L DISEASE· POLICY LIMIT I OTtlER PESCR!PTION OF OPERATIONS/ LOCATIONS I VEHICLES/ EXCLUSIONS AD OED BY ENDORSGM\iNT / SPECIAL l"ROV!SIONS SEli! ATTACHED VEHlCLE SCHEDULJ;l CJcRTIFICATc !lOLDER CANCELLATION M{JSI{Q03 SHOULD ANY OFTHE- ABOVE OESCRl61;"0 POLlt;JtS BE¢ANCELLSl:i 9EFORe THE EXPJRATI CATE THEVl:EOF, THE ISSUING IN5VRil!RWILI. ENDEAVOR. TO MAIL !Q__ DAY$ WRITTEl City <:>f Muskegon t,lOTICI: 'fO THB et:RTIFICA'TE HOl.tl~R NAME0TO THS LEFT, eUT FAIL\J~E! TO 00 so SHA1 Fax ff231-724-4178 IMPOSli NO OBLIGATION OR LIAB!UTY or ANY KIND UPON THE INSUR&R, ITS AOli.~TS OR. PO Box 53~ REPRESENTATIVE$, 933 Terrace St. M~skegon, Ml 49443 AUTHORIZED REPRESENTATIVI;; Adam Hirsch ACORD 25 (2001/08) •s' -©LAS:lORO QORPOR.ATION 1 <./'' ·- For: Wakefield leasing Corp. MOURER-FOSTER, INC. 615 N. CAPITOL AVE. "'"' DBA Port City Cab Company 770 W. Sherman LANSING,, Ml N Muskegon, Ml 48933 517-371-2300 (J1 49441 616-243-2150 ' N "' Oil .p. Business Auto Vehicle Schedule Policy eo. 2so3<29 71W7\iX170312 ---J X w 7 1J4FJ6857TL147266 X ---J ~ 8 JHMRA18"'3SC001208 X --.J 9 2FAFP71WOXX181104 X ~ N 10 CrownVic 12FALP71WISXrn4671 X ~ 11 2FAlP71W4TX134574 X 12 Crown Vic 2FALP7tW0VX113689 X 13 2FALP7lW5TX134549 X 14 JR2RJ1867VC001312 X 15 JHMRAl876SC01158l X 16 2FAlP71WOTXl34586 X 17 JHMRA18785C009542 X 18 JHMRA1869VC015507 X 19 2FArP71WXYX185173 X 20 2FAFP71W6WX157453 X 21 2FAFP71W9WX147385 X 22 Crown Vic I2FALP71W2TX136128 l( ;!; iil "' :~~g~~~~:" N "'' N CAB# 33 TAXI CAB INVENTORY CONTROL LICENSE YEAR: MAY 1, cj(!;t!J'/ to APRIL 30, at!?05 OPERATOR: YELLOIA/ C1'1S Co CAB# 33 MAKE \-} 0 Al iJ IT BODY STYLE V,4A1 YEAR 1c=,q1 VIN# SJ+M '2.fl I 3' t?'l VCo/.5-507 STATE LICENSE# S- 38. 00 ,,~OUNT (t:as:r, ) RECEIVED ----''> :l8,!il0 H* RECEIPT *** :::::::::::;"•::;;:::,::::·-:::;::;;:::::::;;::::;::::;::::;::::;.:;::::::::::::·-;::::::::::;;::::=:::: •• ::: .... ..: CERTIFICATION OF RECORDATION I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, of the Office of the County Recorder of the County of _ _ _ _ _ _ _ _ _ _ _ _ _, State of _ _ _ _ _ _ _ _, did receive on the _ _ _ _ _ day of _ _ _ _ _ _ _, 20_ _ _, for filing and recordation, the following instrument: I further certify that the same has been recorded in Book _ _ _ _ _ _, at Page ____ , of the Official Records of the said County. (Signature) (Title) Commission Meeting Date: April 27, 2004 Date: April13,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of Marginal Lot at 1095 James Avenue SUMMARY OF REQUEST: To approve the sale of a vacant marginal lot (Parcel #24-612-000-0528-00) at 1095 James Avenue to Perry Dennie, of 539 Bennett Street, Muskegon, Ml. Approval of this sale will allow the adjacent property owner to expand his current yard (see attached map). The other adjacent property owner was offered a portion of this lot, but didn't respond. This lot is being offered to Mr. Dennie for $1 under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign the resolution and deed. COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC) recommended approval of this request at their March 23, 2004 meeting. 4/13/2004 CITY OF MUSKEGON RESOLUTION #2004- 40 ( f) RESOLUTION APPROVING THE SALE OF A CITY-OWNED MARGINAL LOT WHEREAS, the City of Muskegon has received $1 from Perry Dennie, 539 Bennett Street, Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to his prope1ty at 1095 James Avenue (parcel #24-6 12-000-0528-00); and WHEREAS, this lot is considered only marginally buildable under the City's Zoning Ordinance; and WHEREAS, the sale would enable the City to place this property back on the tax rolls, and would relieve the City of further maintenance; and WHEREAS, the sale of this property would be in accordance with property disposition goals and the Dollar Lot Marketing Plan for the City of Muskegon. NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 528 be sold to Perry Dennie for $1. Resolution adopted this 27111 day of April, 2004. Ay~: Davis , Gawron, Larson , Shepherd, Spataro, Warmington, Carter Nays: None Absent: None Gail A. Kundinger, MMC Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on April 27, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, MMC Clerk Vacant Non-Buildable City-Owned Lot N 1095 James Avenue W~E s I--""'--' ""~ ____/ / 50 I I I 100 1' i 50 ! I , 50 DUCEY AV I I ,I I I so I I I 50 ! I IS0,61 .I I ! 1 1 I ' 1 I I I I , ~I ~ 1 I I I I I I -i i:n! I ! I I I ~ .1 1 i I I ~ L -1 " I 1 I I I! "I 21 ;i "" , I I I -I ~ I 7§ 0 1• JAMES AV ;gi , 100.3 I 100 I 100 so !. , ·:1~ .. ·:,.! so I so [_-5?:~: J I 300.30 O j iJ. I I I '' ,. I ,,j I / ' •I I I *= Subject Property(ies) .i gl I C1) C) I I I I I I I 1, I I I I ! I .-t&i I ' + .•.·.i : I I Perry Dennie 539 Bennett Street to be sold I '-------, c.,'i-'1 Gail A. Kundinger, MMC, Its Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on /Int•,/ ol? ,2004 by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, fespectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. (NOTARY SEAL) L,"t,Jti s. A, tf i:-r , Notary Public Acting in the County of ,?lt1s !,::_p.c• ,1 PREPARED BY: John C. Schrier 12Ju-->,1'.~g,:•·" ., County, Michigan Parmenter O'Toole My Comm. xp,res: %- il s--o (, 175 W. Apple Avenue/P.O. Box 786 Muskegon, MI49443-0786 Telephone: 23 l /722-162 I WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME-1 \anguilm\LOCALS-1\Temp\812192.doc Commission Meeting Date: April 27, 2004 Date: April 16, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development cffe RE: Sale of Non-Buildable Lots at 443 & 453 Catherine Avenue SUMMARY OF REQUEST: To approve the sale of two vacant non-buildable lots (Parcel #24-205-079-0002-10 and #24-205-079-0003-10) at 443 and 453 Catherine Avenue to William Simonitis, of 449 Catherine Avenue, Muskegon, Ml. Approval of this sale will allow the Mr. Simonitis to expand his current yard. (see attached map). This lots are being offered to Mr. Simonitis for $1 each under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of these lots will allow the properties 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 deeds. COMMITTEE RECOMMENDATION: 4/16/2004 CITY OF MUSKEGON RESOLUTION #2004- 40 ( h) RESOLUTION APPROVING THE SALE OF 2 CITY-OWNED NON-BUILDABLE LOTS WHEREAS, the City of Muskegon has received $2 from William Simonitis, 449 Catherine Avenue, Muskegon, MI 49442 for the purchase of 2 vacant, City-owned lots located adjacent to his property at 443 & 453 Catherine A venue (parcel #24-205-079-0003- l 0 and #24-205-079- 0002- IO); and WHEREAS, these lots are considered unbuildable under the City's Zoning Ordinance; and WHEREAS, the sale would enable the City to place these prope1ties back on the tax rolls, and would relieve the City of further maintenance; and WHEREAS, the sale of these properties would be in accordance with prope1ty disposition goals and the Dollar Lot Marketing Plan. NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 3 EX W 35 FT BLK 79 and CITY OF MUSKEGON REVISED PLAT OF 1903 E ½ LOT 2 BLK 79 be sold to William R. Simonitis for $1 each. Resolution adopted this 2ih day of Ap1il, 2004. Ayes: Davis, Gawron, Larson, Shepherd, Spa taro, Warmington, Carter Nays: None Absent: Attest: - ~ ~ ~ ~ ~::.......1~ ~ ~ ~ ~ ~ Gail A. Kundinger, MMC Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on April 27, 2004. The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By Gail A. Kundinger, MMC Clerk ! ______) ,o, ~-J ____ j :fl 18 "' - -- -- - -- - j ---------- 18 18 18 18 I: --'"- -- _gg_ - _99_ __ \ - -- QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to WILLIAM R. SIMONITIS, a single man, of 449 Catherine Avenue, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON REVISED PLAT OF 1903, THE EAST½ OF LOT2 OF BLOCK 79 for the sum of: One Dollar($ 1.00) PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this d2t/i_ day of A;,c; / , 2004. Signed in the presence of: /latr~r C)~;~~~'fii STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on d. //p, 7, 2004 by STEPHEN 0 ,/ J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, ;espectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. (NOTARY SEAL) L,11dc1 .S /ol'ft',,, , Notary Public Acting in the County of /Tl<1.s k e~,,,-, PREPARED BY: John C. Schrier /JJa 1 6:',., GI a Coiinty, Michigan Parmenter O'Toole My Comm'.'Expires: ? -;;, ,r-o L, 175 W. Apple Avenue/P.O. Box 786 Muskegon, MI 49443-0786 Telephone: 231/722- I 621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME-1\anguilm\LOCALS-1\Temp\8I3642.doc QUIT-CLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street, Muskegon, Michigan 49440, QUIT CLAIMS to WILLIAM R. SIMONITIS, a single man, of 449 Catherine Avenue, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON REVISED PLAT OF 1903, LOT 3, EXCEPT THE WEST 35 FEET OF BLOCK 79 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 Gran tor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this di 7 "" day of 4rzc 1 / , 2004. Signed in the presence of: and Gail A. Kundinger, MMC, Its Clerk STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on ,Afl/'1/ c!.'5' , 2004 by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, r;,.pectively, of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City. (NOTARY SEAL) d/Yld(j -J . !U6//_ !.,,,Jc: .S f;, t tt'r , Notary Public Acting in the County of 77Ju.s/r 'z',"'4' o PREPARED BY: John C. Schrier 7'71us /2'.'tf or? County, Michigan Parmenter O'Toole My Comm. xpires: Z: · o! 0- • O [, 175 W. Apple Avenue/P.O. Box 786 Muskegon, Ml 49443-0786 Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOC UME ~ 1\an guilm\L OCALS-1 \Temp\B13642. doc Commission Meeting Date: April 27, 2004 Date: April 20, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Sale of Buildable Vacant Lot on Meeking Street SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 275 Meeking Street (Parcel #24-613-000- 0673-00) to Habitat for Humanity, 280 Ottawa Street, Muskegon, Ml. The lot is 223 x 126 ft. and is being offered to Habitat for Humanity for $13,500. They plan to split the lot into three 74.3 ft. lots and construct three 1,260 sq. ft. single-family homes as part of the Jimmy Carter home building program. The homes will conform to the design guidelines contained in the "Policy for Sale of City-Owned Residential Property." Habitat for Humanity will be meeting with the president of the Marquette Neighborhood Association to present the home designs for review. The True Cash Value (TCV) for the property listed in the Assessor's office is $18,000, so our price is set at $13,500 which is 75% of that amount. FINANCIAL IMPACT: The sale of this lot for construction of three new homes will generate additional tax revenue for the City and will place the property back on the City's tax rolls thus relieving the City of continued maintenance costs. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution and deed. COMMITTEE RECOMMENDATION: 4/20/04 Resolution No. 2004-40 ( i) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 275 MEEKING STREET IN MARQUETTE NEIGHBORHOOD FOR $13,500. WHEREAS , Muskegon County Habitat for Humanity has placed a $400 deposit for the parcel designated as parcel number 24-613-000-0673-00, located at 275 Meeking Street; and WHEREAS, the price for parcel number 24-613-000-0673-00 is set by the City at $13,500, which is 75% of the True Cash Value (TCV) listed in the City Assessor's Office; and WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance costs; and WHEREAS , the sale is consistent with City policy regarding the disposition of buildable lots. NOW THEREFORE BE IT RESOLVED, that parcel number 24-613-000-0673-00, located at 275 Meeking Street be sold to Muskegon County Habitat for Humanity for $13,500. CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOTS 673 TO 676 Adopted this 27th day of April, 2004 Ayes: Davis, Gawron, Larson, Shepherd, Spa taro, Warmington, Carter Nays: None Absent None Gail Kundinger, MM City Clerk CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 27, 2004. Gail Kundinger, M City Clerk ~ \~: UJ ~,J .Le~ _____ i j . \ 1 i-· 1 ~ .i i -i ,_, /_ . - " " -••- - . ., "': ~. :r··· .• -...."'··.. · .•~·...1..··.·L.J~,Js .J~n1 1r:1··J=m[~ ~J-.--]-]~~: --1~----- ~j-•~ -~ -___ J_--- . . . . .· . ······..•··• Zrr.·11·. . J r~ .• ••.·.••·.••··...· .•. • ·.••.·•.·...·•.••-...•.c·. J.,-.j·.;. .·. / ).·.-. -..~.·.....•·. f-- . -.•. .. ·lj. ·.·. --j-----: ·~. l --_::j~c ~~.~-.·.·:. ~.---u Gi.-.__ ·cc ~ .· -:. -- .• •. .· .·.···•...·· '··1-:"_:.C_-_t_:"'·--·u- . .. ( ~--::i: -r · _. _ l 81\Jl>I =1 - ~~-- = :-:_: ;. :- a:::• .. . .. . • ~----_ f~-~_-_:·-~::--.C"· -'::_"_c_j . " " • . - ~ - ...·.·.·:\:· mfl •c _:-..) { { ) · - ' -1·-1···rJ·- ~• ----- ~--=--=- --~ .-- - - - ' .. ·. ·· ~O lllH>fVO iS -- ,- - z ~ . ·--:-:.,r.,...,,.-- B :r: (!) :J 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 MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, of 280 Ottawa Street, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4, LOTS 673 THROUGH 676, INCLUSIVE for the sum of Thirteen Thousand Five Hundred and no/100 Dollars ($13,500) PROVIDED, HOWEVER, Grantee shall apply for tax parcel ID numbers for each lot. Grantee, or its assigns, shall split the lots into three parcels and complete construction of one (I) single family home on each lot herein conveyed within eighteen (I 8) months after the date hereof. In default of such construction, title to that lot shall revert to the City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance free and clear of any claim 'of Grantee or its assigns. Buyer shall remoye only those trees necessary for Construction of the home and driveway. "Complete construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Deputy Director of Public Safety, substantial completion of the dwelling described in the said building permit. In the event of reversion of title, improvements made thereon shall become the property ofGrantor. Provided, further, that Grantee covenants that the parcel described above shall be improved with one ( 1) single family home on each lot, and each lot shall be owner-occupied for five (5) years after the date of this deed. These covenants and conditions shall run with the land. This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this did._ day of J;,/"1/ , 2004. Signed in the presence of: s. l"orrer C:\DOCUME-1\anguilm\LOCALS-1\Temp\815854.doc STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on A11r ✓ -/ cl 7 , 2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayorimd Clerk, respectively, of the CITY OF MUSKEGON, a municipal cmporation, on behalfofthe City. PREPARED BY: John C. Schrier Liq h S. /lo tfl"/" , Notary Public Parmenter O'Toole Acting in the County of mu "kg Q t;l 175 W. Apple Avenue/P.O. Box 786 111,,1,, A::~a n Cou y, Michigan Muskegon, MI 49443-0786 My Comm. xpires: ?- c?.S- - Ci & Telephone: 231/722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME-1\anguifm\LOCALS-1\Temp\8I5854.doc REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT is made Apr i 1 27 , 2004, by and between the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440 ("Seller"), and MUSKEGON COUNTY HABITAT FOR HUMANITY, a Michigan nonprofit corporation, with offices at 280 Ottawa Street, Muskegon, Michigan 49442 ("Buyer"). I. General Agreement and Description of Premises. Seller agrees to sell, and Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways, the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as: CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4 LOTS 673 THROUGH 676, INCLUSIVE Subject to the reservations, restrictions and easements ofrecord, provided said reservations, restrictions and easements of record are acceptable to Buyer upon disclosure and review of the same, and subject to any governmental inspections required by law. 2. Purchase Price and Manner of Payment. The purchase price for the Premises shall be Thirteen Thousand Five Hundred and no/I 00 Dollars ($13,500). 3. Taxes and Assessments. All taxes and assessments that are due and payable at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special assessments that become due and payable after Closing shall be the responsibility of Buyer. 4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the conditions required herein. In the event the reservations, restrictions or easements of record disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in writing of such unreasonableness of restriction and such unmarketability of title, to remedy such objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as herein provided, within ten (I 0) days of written notification thereof. If Seller fails to resolve such restrictions or remedy the title within the time above specified or fails to obtain satisfactory title insurance, this Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall be paid by Seller. 5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as part of the consideration inuring to the City, Buyer covenants and agrees to split the lots into three parcels and construct on each lot a single-family home, up to all codes, within eighteen (I 8) C:\DOCUME.J.1\anguilm\LOCALS-1\Temp\815854.doc months of the closing of this transaction. Buyer may only remove those trees necessary for construction of the home and driveway. The home shall be substantially completed within eighteen ( 18) months and, in the event said substantial completion has not occurred, or the restriction of this paragraph relating to tree removal is violated, in the sole judgment of the City, the property and all improvements then installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer further covenants that each home shall be owner occupied for five (5) years after the closing. The covenants in this paragraph shall survive the closing and run with the land. 6. Survey. Buyer at its own expense may obtain a survey of the Premises, and Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to the location, boundaries and area of the Premises and improvements thereon without regard to any representations that may have been made by Seller or any other person. In the event that a survey by a registered land surveyor made prior to closing discloses an encroachment or substantial variation from the presumed land boundaries or area, Seller shall have the option of effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to purchase the Premises subject to said encroachment or variation. 7. Condition of Premises and Examination by Buyer. NO IMPLIED WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUB STANCES ARE FOUND. 8. Real Estate Commission. Buyer and Seller both acknowledge and agree that neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that no agent, broker, salesperson or other party is entitled to a real estate commission upon the closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from any liability, including reasonable attorney fees, occasioned by reason of any person or entity asserting a claim for a real estate commission arising from actions taken by the other party. C:\OOCUME~1\anguilm\LOCALS~1\Temp\Bl5854.doc 9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __ 2004 ("Closing"). The Closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Muskegon, MI ____. If necessary, the parties shall execute an IRS closing report at the Closing. I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at Closing for the Premises. 11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed Affidavit of Title. 12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller on the date of Closing. 13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the amount required by law. In addition, Seller shall be responsible to pay for the recording of any instrument that must be recorded to clear title to the Premises, to the extent required by this Agreement. Buyer shall pay for the cost of recording the deed to be delivered at Closing. 14. General Provisions. a. Paragraph Headings. The paragraph headings are inserted in this Agreement only for convenience. b. Pronouns. When applicable, pronouns and relative words shall be read as plural, feminine or neuter. c. Merger. It is understood and agreed that all understandings and agreements previously made between Buyer and Seller are merged into this Agreement, which alone fully and completely expresses the agreement of the parties. d. Governing Law. This Agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan. e Successors. All terms and conditions of this Agreement shall be binding upon the pmiies, their successors and assigns. f. Severa bility. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision( s) had never been contained herein. C :\OOCUME~ 1\anguilm\L OCALS~ 1\T emp\B 15854 .doc g. Survival of Representations and Warranties. The representations, warranties, covenants and agreements contained in this Agreement and in any instrument provided for herein shall survive the Closing and continue in full force and effect after the consummation of this purchase and sale. h. Modification of the Agreement. This Agreement shall not be amended except by a writing signed by Seller and Buyer. The parties have executed this Real Estate Purchase Agreement the day and year first above written. WITNESSES: SELLER: CITY OF MUSKEGON Gm! A. Kundinger, MMC, Clerk BUYER: MUSKEGON COUNTY HABITAT FOR HUMANITY Prepared By: John C. Schrier (P36702) Parmenter O'Toole 175 W. Apple Avenue Muskegon,MI49440 Phone: (231) 722-1621 C:\DOCUME-1\anguilm\LOCALS-1\Temp\BI5854.doc FILE# 433242 DATE, May 14th 2004 PROPERTY ADDRESS, 275 Meeking The undersigned hereby acknowledge receipt of a Request to Rescind/Withdraw Homestead Exemption form (Michigan Department of Treasury Form No. 2602) as same is required by Public Act 237 of 1994. Ple~e check one of the following: \/ The undersigned do not request Transnation Title Insurance Company -- to file the form on their behalf. The undersigned have fully and properly completed the forms and request that Transnation Title Insurance Company file the form with the appropriate local tax collecting unit. The undersigned acknowledge and agree that the Company will mail the form by first class mail, and that the Company shall not be liable in the event that any of the information provided on said form is inaccurate or incomplete, or in the event that said form is not received or properly processed by the local tax collecting unit. SELLER (S), The City of Muskegon ,( ssistan P anner AFFIDAVIT OF TITLE STATE OF MICHIGAN Title Commitment# 433242 COUNTY OF Muskegon lss } That The City of Muskegon, a Municipal Corporation being first duly sworn on oath says that they are the true and lawfu"I owner(s) of the premises located at: 275 Meeking Muskegon, Michigan 49443 AND 1. That on this date hereof there is no mechanic's lien on the property and that no V/Ork has been done, or materials furnished, out of which a mechanic's lien could ripen. 2. That no agreement is in effect which would adversely affect the title to the property such as a purchase agreement, lease, land contract, option, etc. other than the contract with the grantees in a certain deed of even date hereof. 3. That the parties in possession other than the affiant(s} are bona fide tenants only and have no other interest in the premises whatsoever. 4. That there are no judgments or liens against affiant(s), including income tax liens, adversely affecting the title to said property. 5. That there are no unpaid taxes, special assessments or water bills outstanding other than those shown on the closing statement. 6. That any overlooked, unknown, or misquoted taxes, special assessments, water bills, mortgage deficiencies, etc. shall be immediately paid by affiant(s) as soon as informed of such. Seller(s): The City of Muskegon Subscribed and sworn to, before me a Notary 2004 ~} Notary Public ________ County My Commission Expires: TERESA LAVIGNE . . Notary Public, Muskegon County, M1ch1gan Aeling \n Muskegon County My Commission Ex.plrns 6-22-2005 TERMITE INSPECTION flAIVER Date: May 14, 2004 RE: 433242 To: 570 Seminole Road Property Address: Muskegon MI 49444 275 Meeking Muskegon, Michigan 49443 County: Muskegon Muskeegon Urban Renewal 4 Lots 673-676 We, the undersigned, being the buyers and sellers of the above captioned property, herein acknowledge and certify that we have chosen to eliminate the requirement of a termite inspection for this property. We herein agree to hold harmless Transnation Title Insurance Company and/or 570 Seminole Road and City of Muskegon, from any liability for loss or damage resulting from the fact that a termite inspection was not done at the time of closing of the above captioned property. BUYER(S): SELLER(S): The City of Muskegon SURVEY WAIVER Date: May 14, 2004 RE: 433242 To: 570 Seminole Road Property Address: Muskegon MI 49444 275 Meeking Muskegon, Michigan 49443 County: Muskegon Muskeegon Urban Renewal 4 Lots 673-676 We, the undersigned, purchasers and sellers, of the above captioned property, acknowledge \.'le have been strongly advised by you to obtain a land survey showing the dimensions of the property and the location of all buildings situated thereon. We have decided, completely of our own volition, not to obtain a survey and wish to complete the transaction without the recommended survey. l,Je hereby release 570 Seminole Road and City of Muskegon, its employees and/or agents, from any responsibility and/or liability concerning or pertaining to survey matters, including, but not limited to size of lot or land, location of boundary line, location of building and encroachments. PURCHASER(S): SELLER(S): Muskego The City of Muskegon Ass 1 ~Fnt PI anner (/ LANDAMERICA TRANSNATION TITLE INSURANCE 570 Seminole Road Muskegon MI 49444 Date: May 14, 2004 Escrow Number: 433242 Property Address: 275 Meeking Muskegon, Michigan 49443 s ELLER'S TATEMENT DE81T CREDIT Purchase Price I• I• 13,500,00 I I I I EXISTING LOAN I I Deposit of earnest money I 400.00 I CLOSING FEES I 200.00 I 0\./NERS SIMULTANEOUS ISSUE I 202.00 I Real Estate Corrmission I I Sub Total I• 802.00 I• 13,500.00 Amount due Seller TOTALS • $ 12 698.00 13 500,00 $ 13 500.00 *****************************************************************************************••·····••******************************** The undersigned Sellers acknowledge Receipt of a copy of this statement and agree to the correctness thereof, and ratifies the disbursement of the funds as stated therein. Seller(s) Signature(s): Commission Meeting Date: April 27, 2004 Date: April 20, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development c/3C. RE: Vacation of a portion of Jackson Ave. SUMMARY OF REQUEST: Request for the vacation of Jackson Ave., between E. Western and Ottawa St. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the portion of Jackson Ave., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended the vacation, with the condition as listed above. The vote was unanimous with B. Mazade, S. Warmington, and B. Smith absent. CITY OF MUSKEGON RESOLUTION #2004- 40 ( j ) RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET WHEREAS, a petition has been received to vacate Jackson Ave., between E. Western and Ottawa St; and WHEREAS, the Planning Cotmnission held a public heating on April 15, 2004 to consider the petition and subsequently recommended the vacation; and WHEREAS, due notice had been given of said hearing as well as the April 27, 2004 City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue Jackson Ave., between E. Western and Ottawa St.; BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of street vacated and discontinued provided, however, that this action on the part of the City Commission shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declared that any such tights shall remain in full force and effect; BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall be placed in the easement which, in the sole judgment of the City, will intetfere with the repair or maintenance of utilities in the easement, public or private. Adopted this 271h day of Aptil, 2004. Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None Absent: None CERTIFICATE (Vacation of Jackson Ave.) I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on April 27, 2004. · Gai Kundinger, MMC Clerk, City of Muskegon ~------------------------~O~O Ill~~ -.J' tD ::, 0 h,) - · ..... c:,::, ,,. c:, cc ;:,, ,l>,0 C .!-. 0 (I) 03@ 3 cg cii' ::, 0 "'::,o· DI • = : : : : ! . . . _ _ __ _ _ _ _ _ _ _ _ J · ~ - Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING April 15, 2004 Hearing; Case 2004-10: Request to vacate Jackson Ave. between East Western and Ottawa Street, by Gregory Teerman BACKGROUND Lake Welding Supply (LWS), 363 Ottawa, is pursuing the vacation of part of Jackson street, to the south of their business, in order to help accommodate a proposed future business expansion. If the vacation is approved LWS will be returning to the Planning Commission for a special use permit for the installation of a bulk-storage propane tank. Staff has met with Mr. Teerman to discuss the issue of the propane tank. The first proposal was to place it near E. Western Avenue. This was too close for city staff's comfort level because of the major utilities running down Western. The option of moving the tank farther away from western was discussed and the result was the action of looking into the vacation of Jackson Ave. Mr. Teerman has stated that the propane tank is needed to stay competitive with other similar facilities in the area. Jackson Street is about midway between Marquette and Giddings. Access would still be available to East Western from these other streets. The road is currently in disrepair and appears to be made out of gravel. The property to the south of Jackson street has an entrance and some parking off of Jackson Street. Access to the north side of the property may be an issue. The building also has access from E. Western and Ottawa. There are utilities that run through Jackson street between Western and Ottawa. The Department of Public Works needs utility easements with building and setback restrictions so nothing can be built over the utilities. The Police department has no major issues with the vacation. Staff has not received comments from Fire or Engineering, but will bring any comments to the meeting. STAFF RECOMMENDATION Staff recommends approval of the request with the condition that the City retain all easement rights to the utilities. DELIBERATION I move that the vacation of Jackson Avenue between East Western Ave and Ottawa Streets be (approved/denied). (based on the following conditions--only if approved): 1. That all City easements be retained. CITY OF MUSKEGON RESOLUTION #2004- RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET WHEREAS, a petition has been received to vacate Jackson Ave., between E. Western and Ottawa St; and WHEREAS, the Planning Commission held a public hearing on April 15, 2004 to consider the petition and subsequently recommended the vacation; and WHEREAS, due notice had been given of said heming as well as the April 27, 2004 City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue Jackson Ave., between E. Western and Ottawa St.; BE IT FURTHER RESOLVED that the City Commission does hereby declare the said p01tion of street vacated and discontinued provided, however, that this action on the pmt of the City Commission shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full force and effect; BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall be placed in the easement which, in the sole judgment of the City, will inte1fere with the repair or maintenance of utilities in the easement, public or private. Adopted this 27 th day of April, 2004. Ayes: Nays: Absent: By:-------------- Steve Warmington, Mayor Attest: _ _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC, City Clerk CERTIFICATE (Vacation of Jackson Ave.) I hereby ce1tify that the foregoing constitutes a llue and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on April 27, 2004. Gail Kundinger, MMC Clerk, City of Muskegon Commission Meeting Date: April 27, 2004 Date: April20,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development c_e,c... RE: Vacation of a portion of Leahy Street. SUMMARY OF REQUEST: Request for the vacation of Leahy St., between Larch Ave. and the Hackley Hospital professional Center entry drive. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the portion of Leahy St., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission unanimously recommended the vacation, with the condition as listed above with T. Harryman not present for the vote. 4/20/2004 CITY OF MUSKEGON RESOLUTION #2004- 40 ( k) RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET WHEREAS, a petition has been received to vacate Leahy., between Larch Ave. and the Hackley Hospital Professional Center entry drive; and WHEREAS, the Planning Commission held a public heating on April 15, 2004 to consider the petition and subsequently recommended the vacation; and WHEREAS, due notice had been given of said heai-ing as well as the April 27, 2004 City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue Leahy St., between Larch Ave and the Hackley Hospital Professional Center entry d1ive.; BE IT FURTHER RESOLVED that the City Commission does hereby declare the said p011ion of street vacated and discontinued provided, however, that this action on the part of the City Commission shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declared that any such rights shall remain in full force and effect; BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any stmcture. No structure shall be placed in the easement which, in the sole judgment of the City, will interfere with the repair or maintenance of utilities in the easement, public or private. Adopted this 2ih day of April, 2004. Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None Absent: None Attest:~e , ~ ~~ ~ ~ ~~ ~ ~ ~ ~IJZ Gail A. Kundinger, MMC, City Clerk CERTIFICATE (Vacation of Leahy St.) L I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on April 27, 2004. ~ . Gaii'Kundinger, ~ Clerk, City of Muskegon a /;; City of Muskegon ~ Planning Commission w~< Case 2004-11 & 12 I f I I LJlLJ ~~s ~ - ■ ... SubjedP!tJperty(iu:) ,.N:otiuAte.t I · 1i~~ <.l 1 11 1 a 1 1 r:--7 rnnT1 ~~ L @11111\\ 01 1 1r7 500 0 500 1000 Feel: "' Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING April 15, 2004 Hearing; Case 2004-12: Request to vacate Leahy Street between Larch Avenue and the Hackley Hospital Professional Center entry drive, by Hackley Hospital (Gerald Adams) BACKGROUND Please see pervious case for details. A previous case has vacated the section of street to the north of this proposed Leahy vacation. There apparently was a property that was not associated with the hospital and the entire street could not be vacated. Since that time, the hospital has acquired the land and now owns the property on both sides. This section of Leahy does not serve anything but the hospital itself. It serves the function of a private drive as it sits now. Vacating the street would not appear to disrupt or change the current circulation of the area. Staff has received comments from the DPW, they have indicated that we would need to obtain an easement for water, sewer, and storm utilities. Staff will bring any additional comments to the meeting. STAFF RECOMMENDATION Staff recommends approval of the request with the condition that the City retain all easement rights to the utilities. DELIBERATION I move that the vacation of Leahy Street between Larch Ave and the Hackley Hospital Professional Center Entry Drive be (approved/denied), (based on the following conditions-- only if approved): 1. That all City easements be retained. Commission Meeting Date: April 27, 2004 Date: April 19, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department o3C RE: Cool Cities Pilot Program- Grant Request SUMMARY OF REQUEST: The State has a new Cool Cities Pilot Program available. Cities that are successful in their applications will receive "catalyst" grants of up to $100,000, which are designated to jump-start their revitalization efforts. Grants are due by May 7, 2004. For the first year of funding, 12 cities will be chosen. Muskegon is proposing to combine this grant with the Neighborhoods of Choice (former Partner Grant) and the MOOT Transportation Enhancement Grant. The Cool Muskegon Committee has recommended that we apply for Wayfinding Signage that will be placed in both the downtown and Lakeside area. In this way, the City can tie these two important cultural, transportation and tourist areas together. FINANCIAL IMPACT: There is no requirement for a match, although several other projects and grants will be tied in with this request. In addition, it is anticipated that the Chamber of Commerce will be able to assist with private contributions to the project. The total project cost is anticipated to be $150,000. This will include a maintenance fund for the signage in the future. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign. COMMITTEE RECOMMENDATION: The Cool Muskegon Committee recommends that the City apply for the Cool City grant and request $100,000 for Wayfinding signage. Resolution No. 2004-40 ( 1) MUSKEGON CITY COMMISSION RESOLUTION AUTHORIZING THE SUBMITTAL OF A MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY COOL CITY PILOT PROGRAM GRANT WHEREAS, The Michigan State Housing Development Authority (MSHDA) is seeking grant applications for the Cool City Pilot Program; and WHEREAS,the City of Muskegon has been working with the Cool Muskegon Committee to determine ways to make our community more "cool" and to coordinate with the State of Michigan on Cool City efforts; and WHEREAS, there are several grant initiatives that the City and/or other entities within the City are receiving, or hope to receive, including the Neighborhoods of Choice, the Transportation Enhancement Grant, the Mainstreet designation and the Brownfield Grant; and WHEREAS, the project selected by the City and the Cool Muskegon Committee to receive MSHDA funding, which is Wayfinding Signage, is consistent with the City of Muskegon's Master Land Use Plan, as well as the Imagine Muskegon Plan; and WHEREAS, it is the intention of the City and the Cool Muskegon Committee that Wayfinding Signage will be placed in both the downtown and Lakeside areas of the City, providing a link between two viable commercial centers (which includes the Cross-Lake Ferry which will start service between Muskegon and Milwaukee, WI on June 1, 2004) if a Cool City Grant is awarded; NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes staff to apply for and secure a grant, in the amount of $100,000 and enter into a grant agreement with the Michigan State Housing Development Authority. Adoptedthis 27 th of April ,2004. AYES: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,Carter NAYS: None ABSTAIN: None CERTIFICATION 2004-40(1) This resolution was adopted at a regular meeting of the City Commission, held on April 27, 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 Commission Meeting Date: April 27, 2004 Date: April 19, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department c..tSc.... RE: Set Public Hearing for Amendment to Brownfield Plan- "The Watermark" Project SUMMARY OF REQUEST: To approve the attached resolution setting a public hearing for an amendment for the Brownfield Plan, and notifying taxing jurisdictions of the Brownfield Plan Amendment including the opportunity to express their views and recommendations regarding the proposed amendment at the public hearing. The amendment is for the inclusion of property owned by P & G Holdings NY, LLC ("P & G"), known as The Watermark project, located at 1321 Division, in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in including the project in the Brownfield Plan, although the revitalization of the former Shaw Walker building into residential and commercial space will eventually add to the tax base in Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on April 20, 2004 and approved the Brownfield Plan Amendment and recommends the approval of the Brownfield Plan Amendment to the Muskegon City Commission. In addition, the Brownfield Redevelopment Authority recommends that the Muskegon City Commission set a public hearing on the Plan Amendment for May 25, 2004. RESOLUTION NOTIFYING TAXING UNITS AND CALLING PUBLIC HEARING REGARDING APPROVAL OF AN AMENDMENT TO THE BROWNFIELD PLAN OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY 2004-40(m) City of Muskegon County of Muskegon, Michigan Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City offices, on the 27th day of April, 2004, at 5:30 o'clock p.m., prevailing Eastern Time. PRESENT: Members Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington ABSENT: Members None The following preamble and resolution were offered by Member Spataro and supported by Member Shepherd: WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the "City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), to create a brownfield redevelopment authority; and WHEREAS, pursuant to Act 381, the City Commission of the City duly established the City of Muskegon Brownfield Redevelopment Authority (the "Authority"); and WHEREAS, in accordance with the provisions of Act 381, the Authority has prepared and approved a Brownfield Plan Amendment to add the Watermark project (former Shaw Walker Building); and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, prior to approval of the Brownfield Plan Amendment, the Muskegon City Commission desires to hold a public hearing in connection with consideration of the Brownfield Plan Amendment as required by Act 381; and WHEREAS, prior to approval of the Brownfield Plan Amendment, the City Commission is required to provide notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission hereby acknowledges receipt of the Brownfield Plan Amendment from the Authority and directs the City Clerk to send a copy of the proposed Brownfield Plan Amendment to the governing body of each taxing jurisdiction in the City, notifying them of the City Commission's intention to consider approval of the Brownfield Plan Amendment [after the public hearing described below]. 2. A public hearing is hereby called on the 25th day of May, 2004 at 5:30 p.m., prevailing Eastern Time, in the City Hall to consider adoption by the City Commission of a resolution approving the Brownfield Plan Amendment. 3. The City Clerk shall cause notice of said public hearing to be published in the Muskegon Chronicle, a newspaper of general circulation in the City, twice before the public hearing. The first publication of the notice shall be not less than 20 days or more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size. 4. The notice of the hearing shall be in substantially the following form: CITY OF MUSKEGON COUNTY OF MUSKEGON, STATE OF MICHIGAN PUBLIC HEARING ON A BROWNFIELD PLAN AMENDMENT OF THE CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON: PLEASE TAKE NOTICE that the Muskegon City Commission of the City of Muskegon, Michigan, will hold a public hearing on Tuesday, the 25th day of May, 2004, at 5:30 p.m., prevailing Eastern Time in the City Hall located at 933 Terrace Street, Muskegon, Michigan, to consider the adoption of a resolution approving a Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended. The property to which the proposed Brownfield Plan Amendment applies is: 1321 Division Street (Former Shaw Walker Building, now "The Watermark") Muskegon, Michigan Copies of the proposed Brownfield Plan Amendment are on file at the office of the City Clerk for inspection during regular business hours. At the public hearing, all interested persons desiring to address the City Commission shall be afforded an opportunity to be heard in regard to the approval of the Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment Authority. All aspects of the Brownfield Plan Amendment will be open for discussion at the public hearing. FURTHER INFORMATION may be obtained from the City Clerk. This notice is given by order of the City Commission of the City of Muskegon, Michigan. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter NAYS: Members None RESOLUTION DECLARED ADOPTED. ~ a.Lek - ii A. Kundinger, MMC, City <9ieik CERTIFICATION I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular meeting held on July 11, 2000, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ~0- ~ Gail A. Kundinger, MMG,Cityrk '--.L~."' ·"'' 1 __ ,_,,._..,__..,J \ \\ •. ,, \-, ;·~·-, ' \ \~', \ '\ ~ \~ \,. '!P-''. -·- ::.-,.::;~:,·: ~; I l'::,p- ., ;c"J"i - ,·· / " '' l- """ -1, ---·,;,,;.-- - }' . CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN AMENDMENT "The WaterMark" Project Original Plan Approved by the Board of the City of Muskegon Brownfield Redevelopment Authority on February 23, 1998, with amendments approved August 10, 1998, June 13, 2000, April 15, 2003, and July 7, 2003. Original Plan Approved by the City Commission of the City of Muskegon on April 14, 1998, with amendments approved August 11, 1998; July 11, 2000; May 27, 2003, and. August 12, 2003. City of Muskegon Brownfield Plan Amendmenl April 2004 CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY BROWNFIELD PLAN INDEX I. INTRODUCTION II. GENERAL PROVISIONS A. Costs of the Brownfield Plan B. Maximum Amount of Indebtedness C. Duration of the Brownfield Plan D. Displacement/Relocation of Individuals on Eligible Properties E. Local Site Remediation Revolving Fund Ill. SITE SPECIFIC PROVISIONS A. Kirksey/Anaconda Property (Approved 4/14/98) B. Dilesco Corporation Property (Approved 8/11/98) C. Beacon Recycling (Approved 7/11/00) D. Verplank Dock Company (Approved 5127/03) E. Gillespie Development Property (Approved 8/12/03)) F. Loft Properties, LLC Property (Approved 8/12/03) G. Parmenter O'Toole Property (Approved 8/12103) H. "The WaterMark" Project (Approved---~ City of Muskegon Brownfield Plan Amendment April 2004 I. INTRODUCTION In order to promote the revitalization of commercial, industrial, and residential properties within the boundaries of the City of Muskegon (the "City"), the City established the City of Muskegon Brownfield Redevelopment Authority (the "Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act 381"), and a resolution adopted by the Muskegon City Commission on February 10, 1998. The major purpose of this Brownfield Plan ("Plan") is to promote the redevelopment of eligible properties within the City that are impacted by the presence of hazardous substances in concentrations that exceed Michigan's Part 201 Generic Cleanup Criteria Criteria ("facilities') or that have been determined to be Functionally Obsolete or Blighted. Inclusion of property within this Plan can facilitate financing of environmental response activities, infrastructure improvements, demolition, lead or asbestos abatement, and site preparation activities at eligible properties; and may also provide tax incentives to eligible taxpayers willing to invest in revitalization of eligible properties. By facilitating redevelopment of underutilized eligible properties, the Plan is intended to promote economic growth fro the benefit of the residents of the City and all taxing units located within and benefited by the Authority. This plan is intended to be a living document, which can be amended as necessary to achieve the purposes of Act 381. It is specifically anticipated that properties will be continually added to the Plan as new projects are identified. The Plan contains general provisions applicable to each site included in the Plan, as well as property-specific information for each project. The applicable Sections of Act 381 are noted throughout the Plan for reference purposes. This Brownfield Plan contains the information required by Section 13(1) of Act 381, as amended. Additional information is available from the City Manager. City of Muskegon Brownfield Plan Amendment April 2004 II. GENERAL PROVISIONS A. Costs of the Brownfield Plan (Section 13(1/(a)) Any site-specific costs of implementing this Plan are described in the site- specific section of the Plan. Site-specific sources of funding may include tax increment financing revenue generated from new development on eligible brownfield properties, state and federal grant or loan funds, and/or private parties. Where private parties finance the costs of eligible activities under the Plan, tax increment revenues may be used to reimburse the private parties. The initial costs related to preparation of the Brownfield Plan were funded by the City's general fund. Subsequent amendments to the Plan are funded by the person requesting inclusion of a projectin the Plan. The Authority intends to pay for administrative costs and all of the things necessary or convenient to achieve the objectives and purposes of the Authority including, but not limited to: i) the cost of financial tracking and auditing the funds of the Authority, ii) costs for amending and/or updating this Plan, including legal fees, and iii) costs for Plan implementation with any eligible tax increment revenues collected pursuant to the Plan. However, at this time, there are no properties included in this plan that will utilize tax increment financing and therefore there are currently no tax increment revenues to pay for these costs. As noted above, most costs related to the preparation of Plan amendments are borne by the person requesting inclusion of a project within the Plan. B. Method for Financing Costs of Plan (Section 13(1/(d) and (e))) The Authority does not intend at this time to incur debt, such as through the issuance of bonds or other financing mechanisms. In the future, the City or Brownfield Authority may incur some debt on a site-specific basis. Please refer to the site-specific section of this Plan for details on any debt to be incurred by the City or Authority. When a property proposed for inclusion in the Plan is in an area where tax increment financing is a viable option, the Authority intends to enter into Development Agreements with the property owners/developers of a properties included in the Plan to reimburse them for the costs of eligible activities undertaken pursuant to this Plan. Financing arrangements will be specified in the Development Agreement, and also identified in the Site Specific section of the Plan. City of Muskegon Brownfield Plan Amendment April 2004 C. Duration of the Brownfield Plan (Section 13(1 )(0) The Plan, as it applies to a specific eligible property, shall be effective up to five (5) years after the year in which the total amount of any tax increment revenue captured is equal to the total costs of eligible activities attributable to the specific eligible property, or thirty (30) years from the date of approval of the Plan as it relates to an individual site, whichever is less. The total costs of eligible activities include the cost of principal and interest on any note or obligation issued by the Authority to pay for the costs of eligible activities, the reasonable costs of a work plan or remedial action plan, the actual costs of the Michigan Department of Environmental Quality's or Michigan Economic Growth Authority's review of the work plan or remedial action plan, and implementation of the eligible activities. D. Displacement/Relocation of Individuals on Eligible Properties (Section 13(1 Ji, i,k,I)) At this time, eligible properties identified in this Plan do not contain residences, nor are there any current plans or intentions by the City for identifying eligible properties that will require the relocation of residences. Therefore the provisions of Section 13(1)(i-l) are not applicable at this time. E. Local Site Remediation Revolving Fund (Section 8: Section 13(1 )(m)) At the time this Plan includes a property for which taxes will be captured through the increment financing authority provided by Act 381, it is the Authority's intent to establish a Local Site Remediation Revolving Fund ("Fund"). The Fund will consist of tax increment revenues that exceed the costs of eligible activities incurred on an eligible property, as specified in Section 13(5) of Act 381. Section 13(5) authorizes the capture of tax increment revenue from an eligible property for up to 5 years after the time that capture is required for the purposes of paying the costs of eligible activities identified in the Plan. It is the intention of the Authority to continue to capture tax increment revenues for 5 years after eligible activities are funded from those properties identified for tax capture in the Plan. The amount of school operating taxes captured for the Revolving Fund will be limited to the amount of school operating taxes captured for eligible activities under this Plan. It may also include funds appropriated or otherwise made available from public or private sources. The Revolving Fund may be used to reimburse the Authority, the City, and private parties for the costs of eligible activities at eligible properties and other costs as permitted by Act 381. It may also be used for eligible activities on eligible properties for which there is no ability to capture tax increment revenues. The establishment of this Revolving Fund will provide additional flexibility to the Authority in facilitating redevelopment of brownfield properties by providing another source of financing for necessary eligible activities. City of Muskegon Brownfield Plan Amendment April 2004 SITE SPECIFIC PROVISIONS H. The WaterMark Project Eligibility and Proiect Summary (Sec. 13(1 )(h)) P & G Holdings NY, LLC ("P & G") has acquired the former Shaw Walker Company property in downtown Muskegon, just across from Muskegon Lake. This property consists of the main plant building of the former Shaw Walker Company, bounded by West Western Avenue, Franklin Street, Michigan Avenue, Hudson Street, Washington Avenue and Division Street, City of Muskegon Parcel No. 24-205-467-0001-00. A legal description and survey map is included as Attachment H-1 ("Property") The Property is considered a "facility" pursuant to Part 201. A limited Industrial/Commercial Remedial Action Plan (RAP) submitted by Lakeview Industrial Center, Inc. for the entire Shaw Walker facility was approved by MDEQ on November 14, 2000. P & G purchased a portion of the facility for redevelopment, and prepared a BEA dated January 11, 2002 for disclosure to the MDEQ. Subsequently, P & G worked with the MDEQ to prepare an Interim Response Designed to Meet Criteria (IRDC), to allow for a portion of the property to be used for Residential purposes. This IRDC Plan, dated 10/17/03, was approved by MDEQ on 12/15/03. This property is, therefore, considered a "facility" pursuant to Part 201, and is therefore an eligible property pursuant to Act 381. This eligible property includes all personal property. The P & G project, known as The WaterMark ("Project") will result in the rehabilitation of 7 acres of idle industrial property. When completed, P & G estimates a 25 million dollar investment. The Project will convert a dilapidated industrial complex into more than 400 units with a mix of residential, retail and commercial space. The WaterMark will be completed in phases, with the first phase to include condominium and retail units, at an estimated initial investment exceeding $6, 000,000. The Project is situated on the former Shaw-Walker Company property in downtown Muskegon, one block from Muskegon Lake. Its neighbors include low to moderate income single-family residential properties, some small manufacturing operations, the Muskegon YMCA, a City owned marina and Heritage Landing, a popular City park on the lakefront utilized for various community events. The original multi-story manufacturing building is now functionally obsolete. The first section of the building was constructed on this site in 1903. By 1963, it had added 15 auxiliary structures and additions and employed 1200 people. At its peak, the company employed 2500, and the facilities were expanded by adding City of Muskegon Brownfield Plan Amendment April 2004 thirty various additions and structures. It is now almost completely vacant and in disrepair. It is the vision of the developers and the City, that this highly visible property, currently adorned with graffiti and boarded windows, can once again become a vibrant feature of the community. The parking lots, green space and the structural modifications that are planned for The WaterMark will be designed and constructed in conformity with current regulatory requirements for storm water and other environmental media. Historical contamination that exists on the property will be addressed by removal and/or the placement of an exposure barrier at a designated location. All work will be integrated with various green space areas and landscaping to enhance the functionality of the property, and meet environmental restrictions applicable to the property. The Michigan Department of Environmental Quality has approved planned response activity in an agreement with P & G for the implementation of the IRDC. The plan for job retention and development includes the retention of a small manufacturing operation by Knoll, Inc., as the property transitions from its current use to full build-out. This action will retain an estimated 75 jobs. Long-term development plans for the nearly 1,000,000 square foot building includes residential, retail and office units. Although difficult to predict with accuracy, it is estimated that several hundred new jobs will be created by this project. This type of mixed-use enhancement of the property in close proximity with occupational and recreational options and "reuse" of existing materials and resources in construction, promotes sustainable redevelopment objectives. Eligible Activities, Financing, Cost of Plan (Sec. 13(1 )(a), (bl, (cl, (d), (g)) Eligible activities that have been conducted on the property include development of an MDEQ-approved RAP, development of an MDEQ-approved IRDC, additional response activities through implementation of the RAP and IRDC; and preparation of a Baseline Environmental Assessment and Section 7a (Due Care) Compliance Analysis. There are no eligible activities proposed to be financed with Brownfield tax increment revenues. Further, the Property is localed in a Renaissance Zone, making Brownfield tax increment financing unavailable. As such, there are no costs to the City of Muskegon or its taxing jurisdictions as a result of the WaterMark Project being included in this Plan, and therefore no note or bonded indebtedness to be incurred by the City. Single Business Tax Credit The WaterMark Project is included in the Plan to enable "qualified taxpayers" as defined by Act 228 of 1975, as amended, to avail themselves of eligibility for a credit against their Michigan single business tax liability for "eligible investments" City of Muskegon Brownfield Plan Amendment April 2004 as defined by P.A. 228. "Eligible investments" include demolition, construction, restoration, alteration, renovation, or improvement of buildings or site improvements on eligible property and the addition of machinery, equipment, and fixtures to eligible property after the effective date of this Plan Amendment. Effective Date of Inclusion in Brownfield Plan The WaterMark Project was added to this Plan on _ _ _ _ _2004. City of Muskegon Brownfield Plan Amendment April 2004 ATTACHMENT H-1 SITE MAP, LEGAL DESCRIPTION THE WATERMARK MUSKEGON, MICHIGAN Property Description: Entire Blocks 467, 468 and 474; TOGETHER WITH the C & O Railway Company right of ways in said blocks; vacated Hudson Street between said Blocks 467 and 468; vacated Michigan Avenue between said Blocks 467 and 474; the vacated alley in said Block 468 and the 2 vacated ot!eys in said Block 474 of the Revised Plot of 1903 of the City of Muskegon (as recorded in Uber 3 of Plots, Page 71, Muskegon County Records), Muskegon County, Michigan; ALSO that part of Blocks 466 and 475; vacated Michigan Avenue and vacated Cloy Avenue of the Revised Plot of 1903 of the City of Muskegon, Muskegon County, Michigan; ALSO part of the parcel of land formerly known as Block 5 of Beidler Manufacturing Company's Subdivision of Blocks 332, 333 and 334 of the City of Muskegon, included in the following description: COMMENCING at the Southwest corner of said Block 475 for POINT OF BEGINNING; thence North along the East line of Division Street 337.47 feet; thence North 89"40'00" East 427.35 feet to the West line of Henry Street; thence South 05'18'10" West along said West line 144.97 feet to the Northeast corner of said Block 475; thence South 00·2s'45" West alon9 said West line 194.75 feet to the Southeast corner of said Block 475; thence South 89'52 30" West along the South line of said Block 412.33 feet to the point of beginning. Containing 15.211 acres. Descriptions: Phase I Port of Blocks 467 and 474; together with port of vacated Hudson St. between Blocks 467 and 468; part of vacated Michigan Ave. between Blocks 467 and 474; part of a vacated Alley in said Block 474; all of a second vacated Alley in Block 474; all being in the Revised Plat of 1903 of the City of Muskegon, Muskegon County, Michigan more particularly described as: Commence at the Southwest corner of said Block 474 for the POINT OF BEGINNING; thence North 00'20'35" West 414.17 feet along the East line of Hudson St.; thence South 89'48'11" West 1.29 feet alon9 the North line of Michigan Ave.; thence North 02·11 •01" East 7.87 feet; thence South 87"51 37" Eost 185.29 feet along the Southerly line of a 5 story building; thence South 00"06'34" West 231.27 feet along the West line of a 5 story building: thence North 89"57'03" East 39.77 feet along the expansion joint between 5 story buildings; thence i~,L_ South 00'00'25" West 182.21 feet along the West line of o 10" brick wall; thence South 89.34'02" West 221.00 feet along the North line of Washington Ave. to the Point of _Beginning. D.E.Q. Designation Area (Being a part of Phase I) Part of Blocks 467 OIJd 474; together with port af vacated Hudson St. between Blocks 467 and 468: port of vacated Michigan Ave. between Blocks 467 and 474; port of o vacated Alley in said Block 474; all of a second vacated Alley in Block 474; all being in the Revised Plot of 1903 of the City of Muskegon, Muskegon County, Michigan more particularly described os: Commence at the Southwest corner of said Block 474 ; thence North 00"20'35" West 162.80 feet along the East line of Hudson St. to the POINT OF BEGINNING for this parcel; thence continue North 00'20'35" West 251 .37 feet; thence South 89"48'11" West 1.29 NOUSAIN SURVEYING & MAPPING, LLC feet along the North line of Michigan Ave.; thence North 02"11'01" East 7.87 feet: 310 N. Bear Lake Rd. Mu:,kegon, Ml 494-45 Phone 231-719-9555 F'ax 231-719-9556 thence South 8/51'37" East 185.29 feet along the Southerly line of o 5 story building: thence South 00·05'34" West 251.80 feet along the West line of a 5 story building; thence Drawn by JMN Date 8-21-03 South 89'50'25" West 182.19 feet along the North line of a 5 story building to the Point of Beginning. • Checked by JMN Date 8-21-03 Scale : 1" =50' Sheet 1 of 1 Job No. 03T004.1 J __J Fror,k.!in Str~r:f I,/• 351.64' J l M•S 00'28'45" W 194-75' Al - s OS'!a·,o· If Street l-1,ur Henry --- Property Description: and 474; TOGETHER WITH the C & 0 Railway Company right of ways in dson Street between said Blocks 467 and 468; vacated Michigan Avenue 7 and 474; the vacated alley in said Block 468 and the 2 vacated alleys 1e Revised Plat of 1903 of the City of Muskegon (as recorded in Uber 3 False alarm fees 17,738 11,429 20,000 440 20,000 0.00% Miscellaneous cemetery income 25,569 21,763 24,000 1,880 24,000 0.00% Senior transit program fees 7,376 6,651 8,000 946 8,000 0.00% Township electrical services 11,410 12,216 13,000 13,000 0.00% Fire miscellaneous 3,858 13,297 5,000 7,276 10,000 5,000 100.00% Sanitation stickers 51,081 49,856 55,000 8,653 55,000 0.00% Lot cleanup fees 134,156 91,709 70,000 5,473 70,000 0.00% Reimbursements for mowing and demolitions 129,421 ·158,315 70,000 73 70,000 0.00% Special events reimbursements 30,610 50,000 50,000 0.00% Recreation erogram fees 127,558 116,174 125,101 5,012 125,101 0.00% $ 2,091,356 $ 2,230,866 $ 2,045,783 $ 572,834 $ 2,109,933 $ 64,150 3.14% Interest and rental income Interest $ 181,931 $ 48,505 $ 70,000 $ (3,609) $ 70,000 $ 0.00% F!ea market 27,526 31,867 28,000 28,000 0.00% Farmers market 27,783 29,880 28,000 28,000 0.00% City right of way rental 6,400 4,400 4,400 2,400 4,400 0.00% Parking rentals 24,991 6,017 5,000 1,145 5,000 0.00% McGraft park rentals 37,697 41,338 46,288 1,143 46,288 0.00% P!her eark rentals 26,232 27,400 28,365 6,969 28,365 0.00% $ 332,560 $ 189,407 $ 210,053 $ 8,048 $ 210,053 $ 0.00% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Revenue Summary By Source Original Budget Actual Through Revised Estimate Change From % Change From Actual 2002 Actual 2003 Estimate 2004 March 2004 2004 2004 Original 2004 Original Fines and fees Income tax• penalty and interest $ 166,621 $ 194,562 $ 150,000 $ 52,418 $ 150,000 $ 0.00% Late fees on current taxes 18,006 52,791 25,000 63 25,000 0.00% Interest on late invoices 589 549 750 750 0.00% Parking fines 61,957 71,698 100,000 28,681 100,000 0.00% Court fines 146,141 152,082 160,000 26,538 160,000 0.00% _$_ _ ~93,314 $ 471,682 $ 435,750 $ 107,700 $ 435,750 $ 0.00% Other revenue Sale of land and assets $ $ $ 1,000 $ $ 1,000 $ 0.00% Ponce sale and auction proceeds 3,089 1,139 4,000 1,044 4,000 0.00% CDBG program reimbursements 372,492 234,073 267,000 216,000 (51,000) ·19.10% Contributions 31,619 35,461 11,000 6,140 11,000 0.00% Contributions • Veteran's Park Maintenance 14,232 17,250 17,250 0.00% Muskegon County Community Foundation 13,521 33,000 7,000 7,000 0.00% Miscellaneous reimbursements 1,000 1,000 0.00% Miscellaneous and sund!}'. 18,341 13,289 15,000 4,606 15,000 0.00% ""' $ 439,062 $ 331,194 $ 323,250 $ 11,790 $ 272,250 $ {s1,0001 •15.78'.to Other financing sources Operating transfers in Cemetery Perpetual Gare $ 56,961 $ 61,360 $ 70,000 $ 13,197 $ 70,000 $ 0.00% Criminal Forfeitures Fund 10,000 10,000 0.00% Police Training Fund 22,281 0.00% ODA for Administration 10,000 10,000 10,000 2,500 10,000 0.00% Reese Playfield Fund 76,746 0.00% RLF for Administration 5,000 5,000 5,000 1,250 5,000 0.00% Budget Stabilization Fund 500,000 500,000 500,000 0.00% Hackle Park Memorial Fund 9,997 0.00% $ 180,985 $ 576,360 $ 595,000 $ 16,947 $ 595,000 $ 0.00% Total general fund revenues and other sources $ 23,617,163 $ 23,328,756 $ 23,244,860 $ 8,118,629 $ 22,793,249 $ (451,611) ·1.94% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original I. Customer Value Added Activities 40301 Police Department 5100 Salaries & Benefits $ 5,848,623 $ 6,068,410 $ 6,834,819 $ 1,310,863 19% $ 6,834,819 $ 0.00% 5200 Operating Supplies 148,091 100,795 147,961 20,695 14% 147,961 0.00% 5300 Contractual Services 981,682 907,969 920,000 239,069 26% 920,000 0.00% 5400 Other Expenses 73,558 15,774 40,000 5,418 14% 40,000 0.00% 5700 Capital Outlays 125,512 30,581 15,000 1.427 10% 15,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 7,177.466 $ 7,123,529 $ 7,957,780 $ 1,577,472 20% $ 7,957,780 $ 0.00% $ 7,177,466 $ 7,123,529 $ 7,957,780 $ 1,577,472 20% $ 7,957,780 $ 0.00% 50336 Fire Department 5100 Salaries & Benefits $ 2,964,455 $ 3,037,824 $ 3,155,178 $ 665,516 21% $ 3,155,178 $ 0.00% U7 5200 Operating Supplies 105,122 95,604 79,500 16,520 21% 79,500 0.00% 5300 Contractual Services 165,970 187,853 180,000 30,596 17% 175,000 (5,000) -2.78% 5400 Other Expenses 20,731 12,378 10,000 293 3% 10,000 0.00% 5700 Capital Outlays 57,570 98,132 15,000 15,548 78% 20,000 5,000 33.33% 5900 Other Financing Uses NIA 0.00% $ 3,313,848 $ 3,431,791 $ 3,439,678 $ 728,473 21% $ 3,439,678 $ 0.00% 50387 Fire Safety Inspections 5100 Salaries & Benefits $ 693,916 $ 761,792 $ 785,804 $ 173,901 22% $ 785,804 $ 0.00% 5200 Operating Supplies 22,393 18,780 24,000 6,422 27% 24,000 0.00% 5300 Contractual Services 266,610 152,279 244,330 35,495 15% 244,330 0.00% 5400 Other Expenses 11,903 11,094 7,500 1,250 17% 7,500 0.00% 5700 Capital Outlays 11,536 3,616 3,000 0% 3,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 1,006,358 $ 947,561 $ 1,064,634 $ 217,068 20% $ 1,064,634 $ 0.00% $ 4,320,206 $ 4.379,352 $ 4,504,312 $ 945,541 21% $ 4,504,312 $ 0.00% 60523 General Sanitation 5100 Salaries & Benefits $ 67,465 $ 75,757 $ 75,333 $ 13,971 19% $ 75,333 $ 0.00% 5200 Operating Supplies 344 109 NIA 0.00% 5300 Contractual Services 1,406,612 1,491,309 1,444,802 229,904 16% 1,444,802 0.00% 5400 Other Expenses 794 65 NIA 0.00% 5700 Capital Outlays 44,725 41,399 NIA 0.00% 5900 Other Financing Uses NIA 0.00% $ 1,519,940 $ 1,608,639 $ 1,520,135 $ 243,875 16%_ $ 1,520,135 $ 0.00% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original_ Original 60528 Recycling 5100 Salaries & Benefits $ N/A $ $ 0.00% 5200 Operating Supplies N/A 0.00% 5300 Contractual Services 218,067 230,058 140,179 26,605 19% 140,179 0.00°/o 5400 Other Expenses N/A 0.00% 5700 Capital Outlays 3,250 N/A 0.00% 5900 Other Financin Uses N/A 0.00% $ 218,067 $ 233,308 $ 140,179 $ 26,605 19% $ 140,179 $ 0.00% 60550 Stormwater Management 5100 Salaries & Benefits $ 7,372 $ 3,835 $ $ N/A $ $ 0.00% 5200 Operating Supplies 501 N/A 0.00% 5300 Contractual Services 16,352 2,569 15,429 0% 15.429 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays N/A 0.00% 5900 Other Financin Uses N/A 0.00% CJ) $ 23,724 $ 6,905 $ 15,429 $ 0% $ 15.429 $ 0.00% 60448 Streetlighting 5100 Salaries & Benefits $ 12,983 $ 842 $ $ NIA $ $ 0.00% 5200 Operating Supplies N/A 0.00% 5300 Contractual Services 505,079 504,832 515,000 128,496 25% 515,000 0.00% 5400 other Expenses N/A 0.00% 5700 Capital Outlays 4,350 3,850 N/A 0.00% 5900 Other Financing Uses N/A 0.00% $ 522,412 $ 509,524 $ 515,000 $ 128,496 25% $ 515,000 $ 0.00% 60707 Senior Citizen Transit 5100 Salaries & Benefits $ 44,863 $ 38,746 $ 50,968 $ 7,047 15% $ 48,420 $ (2,548} •5,00% 5200 Operating Supplies N/A 0.00% 5300 Contractual Services 10,140 10,140 10,140 2,340 23% 10,140 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays N/A 0.00% 5900 Other Financin Uses N/A 0.00% $ 55,003 $ 48,886 $ 61,108 $ 9,387 16% $ 58,560 $ {2,548} -4.17_o/o 60446 Community Event Support 5100 Salaries & Benefits $ 31,192 $ 34,581 $ $ 11,126 28% $ 40,000 $ 40,000 0.00% 5200 Operating Supplies 1,524 2,949 2,296 23% 10,000 10,000 0.00% 5300 Contractual Services 11,004 17,574 15,429 574 4% 15,429 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other_Fln~ncing Uses NIA 0.00% $ 43,720 $ 55,104 $ 15,429 $ 13,996 21% $ 65,429 $ 50,000 324.07% $ 2,382,866 $ 2,462,366 $ 2,267,280 $ 422,359 18% $ 2,314,732 $ 47,452 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actua! As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original 70751 Parks Maintenance 5100 Salaries & Benefits $ 476,360 $ 478,197 $ 529,253 $ 83,777 16% $ 529.253 $ 0.00% 5200 Operating Supplies 150,285 140,573 112,695 5,449 5% 112,695 0.00% 5300 Contractual Services .601,199 586,465 534,700 81,528 15% 534,700 0.00% 5400 Other Expenses 2,548 168 NIA 0.00% 5700 Capital Outlays 152,224 85,387 53,500 969 2% 53,500 0.00% 5900 Other Financin Uses NIA 0.00% $ 1,382,616 $ 1,290,790 $ 1,230,148 $ 171,723 14% $ 1,230,148 $ 0.00% 70757 Mc Graft Park Maintenance 5100 Salaries & Benefits $ 6,059 $ 8,765 $ 16,364 $ 1,075 7% $ 16,364 $ 0.00% 5200 Operating Supplies 4,135 5,306 4,500 178 4% 4,500 0.00% 5300 Contractual Services 30,762 30,830 25,424 2,304 9'% 25,424 0.00% 5400 Other Expenses 56 NIA 0.00% 5700 Capital Outlays 39 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 41,012 $ 44,940 $ 46,288 $ 3,557 8% $ 46,288 $ 0.00% 70775 General & Inner City Recreation 5100 Salaries & Benefits $ 281,055 $ 290,235 $ 245,139 $ 27,027 11% $ 245,139 $ 0.00% -.J 5200 Operating Supplies 58,590 41,843 45,246 9,721 21% 45,246 0.00% 5300 Contractual Services 137,912 123,619 100,598 9,227 9% 100,598 0.00% 5400 Other Expenses 10,375 6,967 2,720 606 22% 2,720 0.00% 5700 Capital Outlays 2,127 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 487,932 $ 464,791 $ 393,703 $ 46,581 12% $ 393,703 $ 0.00% 70276 Cemeteries Maintenance 5100 Salaries & Benefits $ 188,401 $ 205,975 $ 214,962 $ 49,058 23% $ 214.962 $ 0.00% 5200 Operating Supplies 22,607 10,846 14,087 452 3% 14,087 0.00% 5300 Contractual Services 258,681 251,300 229,250 15,572 7% 229,250 0.00% 5400 Other Expenses 1,121 751 138 NIA 0.00% 5700 Capital Outlays 14,626 41,908 21,000 313 1% 21,000 0.00% 5900 Other Financin Uses NIA 0.00% $ 485,436 $ 510,780 $ 479,299 $ 65,533 14% $ 479,299 $ 0.00% 70585 Parking Operations 5100 Salaries & Benefits $ 14,831 $ 1,8,010 $ $ 1,214 49% $ 2,500 $ 2.500 0.00% 5200 Operating Supplies 1,032 1,738 3,000 0% 500 (2,500) -83.33% 5300 Contractual Services 40,972 235,608 20,144 13,437 67% 20,144 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays 4,503 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 61,338 $ 255,356 $ 23,144 $ 14,651 63% $ 23,144 $ 0.00% 70771 Forestry 5100 Salaries & Benefits $ 84,297 $ 103,509 $ 59,121 $ 16,936 29% $ 59,121 $ 0.00% 5200 Operating Supplies 6,024 8,075 8,360 163 2% 8,360 0.00% 5300 Contractual Services 13,864 21,692 17,000 2.987 18% 17,000 0.00% 5400 Other Expenses 394 940 800 180 23% 800 0.00% 5700 Capital Outlays 2,844 2,458 3,500 16 0% 3,500 0.00% 5900 Other Financin Uses NIA 0.00% $ 107,423 $ 136,674 $ 88,781 $ 20,282 23% $ 88,781 $ 0.00% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original 70863 Farmers' Market & Flea Market 5100 Salaries & Benefits $ 29,241 $ 30,792 $ 35,285 $ 4,342 12% $ 35,285 $ 0.00°/o 5200 Operating Supplies 1,644 465 N/A 0.00% 5300 Contractual Services 14,292 14,462 4,832 1,596 33% 4,832 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays 225 N/A 0.00% 5900 Other Financin Uses N/A 0.00% $ 45,177 $ 45,944 $ 40,117 $ 5,938 15% $ 40,117 $ 0.00% $ 2,610,934 $ 2,749,275 $ 2,301,480 $ 328,265 14% $ 2,301,480 _ i. 0.00°/c 80387 Environmental Services 5100 Salaries & Benefits $ 173,926 $ 181,136 $ 194,392 $ 31,423 16% $ 194,392 $ 0.00% 5200 Operating Supplies 12,389 7,859 9,000 762 8% 9,000 0.00% 5300 Contractual Services 300,582 281,831 200,300 7,270 4% 200,300 0.00% 5400 Other Expenses 1,505 189 N/A 0.00% 3,396 3,000 0% 3,000 0.00% °" 5700 5900 Capita! Outlays other Financing Uses 16,123 N/A 0.00% $ 504.525. $ 474,411 $ 406.692 $ 39.455 10% $ 406,692 $ 0.00% $ 504,525 $ 474,411 $ 406,692 $ 39,455 10% $ 406,692 $ 0.00% 10875 Other - Contributions to Outside Agencies Muskegon Area Transit (MATS) $ 80,163 $ 80.163 $ 80,500 $ 20,041 25% $ 80,500 0.00% Neighborhood Association Grants 35,975 29,308 24,000 19,027 79% 24,000 0.00% Muskegon Area First 46,066 42,000 20,000 5,000 25% 20,000 0.00% Veterans Memorial Day Costs 8,070 7,898 8,000 0% 8,000 0.00% WMSRDC - Muskegon Area Plan (MAP) 6,151 N/A 0.00% Institute for Healing Racism 4,000 3,000 1,000 1,000 100% 1,000 0.00% MLK Diversity Program 1,000 1,000 0% 1,000 0.00% Muskegon Area Labor Management (MALMC) 1,000 1,000 1,000 0% 1,000 0.00% Sister Cities' Youth Travel N/A 0.00% Muskegon County and Humane Society - Feral Cat Control 14,157 17,890 16,000 5,975 37% 16,000 0.00% Other N/A 0.00% Contributions To Outside Agencies $ 195,582 $ 182,259 $ 151,500 $ 51,043 34% $ 151,500 $ 0.00% $ 195,582 .$ 182,259 $ 151,500 $ 51,043 34% $ 151,500 $ 0.00% Total Customer Value Added Activities $ 17,191,579 $ 17,371,192 $ 17,589,044 $ 3,364,135 19% $ 17,636,496 $ 47,452 0.27% As a Percent of Total General Fund Ex_eenditures 71.7% 73.3% 74.4% 74.6% 74.4% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original II. Business Value Added Activities 10101 City Commission 5100 Salaries & Benefits $ 60,555 $ 59,698 $ 62,255 $ 13,058 21% $ 62,255 $ 0.00% 5200 Operating Supplies 12,538 9,367 15,000 3,317 22% 15,000 0.00% 5300 Contractual Services 48,510 28,258 18,323 153 1% 18,323 0.00% 5400 Other Expenses 9,758 6,126 7,500 612 8% 7,500 0.00% 5700 Capital Outlays 528 NIA 0.00% 5900 Other Financing Uses NIA 0.00% $ 131,889 $ 103,449 $ 103,078 $ 17,140 17% $ 103,078 $ 0.00% 10102 City Promotions & Public Relations 5100 Salaries & Benefits $ $ $ $ N/A $ $ 0.00% 5200 Operating Supplies 2,643 4,000 17 0% 4,000 0.00% 5300 Contractual Services 26,499 27,909 21,102 813 4% 21,102 0.00% 5400 Other Expenses 8 NIA 0.00% 5700 Capital Outlays NIA 0.00% (D 5900 Other Financin Uses NIA 0.00% $ 26,507 $ 30,552 $ 25,102 $ 830 3% $ 25,102 $ 0.00% 10172 City Manager 5100 Salaries & Benefits $ 173,154 $ 182,226 $ 199,094 $ 44,046 22% $ 199,094 $ 0.00% 5200 Operating Supplies 1,683 1,846 2,750 68 2% 2,750 0.00% 5300 Contractual Services 2,563 · 2,609 3,250 240 7% 3,250 0.00% 5400 Other Expenses 3,037 1,646 2,500 392 16% 2,500 0.00% 5700 Gapital Outlays 102 500 0% 500 0.00% 5900 Other Financing Uses NIA 0.00% $ 180,539 $ 188,327 $ 208,094 $ 44,746 22% $ 208,094 $ 0.00% 10145 City Attorney 5100 Salaries & Benefits $ $ $ $ NIA $ $ 0.00% 5200 Operating Supplies 869 869 1,000 0% 1,000 0.00% 5300 Contractual Services 449,721 383,732 389,121 128,180 33% 389,121 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financing Uses NIA 0.00% $ 450,590 $ 384,601 $ 390,121 $ 128,180 33% $ 390,121 $ 0.00% $ 789,525 $ 706,929 $ 726,395 $ 190,896 26°/o $ 726,395 $ 0.00% 20173 Administration 5100 Salaries & Benefits $ 129,504 s 133.545 $ 142,271 $ 35,009 25% $ 142,271 $ 0.00% 5200 Operating Supplies 2,050 1,437 2,000 146 7% 2.000 0.00% 5300 Contractual Services 16,255 6,012 20,721 4,131 20% 20,721 0.00% 5400 Other Expenses 5,415 2,703 2,000 65 3% 2,000 0.00% 5700 Capital Outlays 73 2,013 1,000 0% 1,000 0.00% 5900 Qther Financing Uses NIA 0.00% $ 153,297 $ 145,710 $ 167,992 $ 39,351 23% $ 167,992 $ 0.00% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through %of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original 20228 Affirmative Action 5100 Salaries & Benefits $ 84,810 $ 93,074 $ 73,370 $ 16,289 22% $ 73,370 $ 0.00% 5200 Operating Supplies 757 528 3,561 94 3% 3,561 0.00% 5300 Contractual Services 1,356 1,553 3,561 151 4% 3,561 0.00% 5400 Other Expenses 4,187 1,572 3,562 91 3% 3,562 0.00% 5700 Capital Outlays 723 977 N/A 0.00% 5900 Other Financing Uses N/A 0.00% $ 91,833 $ 97,704 $ 84,054 $ 16,625 20% $ 84,054 $ 0.00% 20744 Julia Hackley Internships 5100 Salaries & Benefits $ 8,885 $ 7,837 $ 7,736 $ 0% $ 7,736 $ 0.00% 5200 Operating Supplies N/A 0.00% 5300 Contractual Services N/A 0.00% 5400 other Expenses NIA 0.00% 5700 Capita! Outlays N/A 0.00% 5900 other Financin Uses N/A 0.00% $ 8,885 $ 7,837 $ 7,736 $ -- __ _Qo/o $ 7,736 $ 0.00% 20215 City Clerk & Elections 5100 Salaries & Benefits $ 234,459 $ 237,090 $ 249,985 $ 45,643 18% $ 249,985 $ 0.00% 5200 Operating Supplies 45,977 33,167 18,000 2,404 13% 18,000 0.00% ~ 5300 Contractual Services 62,596 42,598 32,000 6,494 20% 32,000 0.00% 0 5,437 5,156 2,000 487 24% 2,000 0.00% 5400 Other Expenses 5700 Capital Outlays 5,813 1,910 2,000 243 12% 2,000 0.00% 5900 Other Financin Uses N/A 0.00% $ 354,282 $ 319,921 $ 303,985 $ 55,271 18% $ 303,985 $ ___ 0.00°/<:> 20220 Civil Service 5100 Salaries & Benefits $ 160,513 $ 176,851 $ 130,763 $ 29,295 22% $ 130,763 $ 0.00% 5200 Operating Supplies 15,396 · 10,642 11,100 1,004 9% 11,100 0.00% 5300 Contractual Services 22,138 19,767 22,000 678 3% 22,000 0.00% 5400 Other Expenses 9,108 7,534 5,000 186 4% 5,000 0.00% 5700 Capital Outlays 1,129 1,000 249 25% 1,000 0.00% 5900 oth_er_Financing Use§_ N/A 0.00% $ 208,284 $ 214,794 $ 169,863 $ 31,412 18% $ 169,863 $ 0.00% $ 816,581 $ 785,966 $ 733,630 $ 142,659 19% $ 733,630 $ 0.00% 30202 Finance Administration 5100 Salaries & Benefits $ 280,785 $ 297,906 $ 318,031 $ 76,870 24% $ 318,031 $ 0.00% 5200 Operating Supplies 6,663 7,010 6,250 804 13% 6,250 0.00% 5300 Contractual Services 115,025 87,221 82,000 33,654 41% 82,000 0.00% 5400 Other Expenses 3,935 156 500 12 2% 500 0.00% 5700 Capital Outlays 4,730 3,784 N/A 0.00% 5900 Other Financin Uses N/A 0.00% $ 411,138 $ 396,077 $ 406,781 $ 111,340 27% $ 406,781 $ 0.00% 30209 Assessing Services 5100 Salaries & Benefits $ 6,093 $ 6,199 $ 6,437 $ 2,962 46% $ 6,437 $ 0.00% 5200 Operating Supplies NIA 0.00% 5300 Contractual Services 390,926 394,707 400,000 99,704 25% 400,000 0.00% 5400 Other Expenses 60 80 100 0% 100 0.00% 5700 Capital Outlays N/A 0.00% 5900 other Financing Uses N/A 0.00% $ 397,079 $ 400,986 $ 406,537 $ 102,666 25% $ 406,537 $ _ _O,@_o!i, City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original 30205 Income Tax Administration 5100 Salaries & Benefits $ 194,487 $ 229,175 $ 256,096 $ 54,227 21% $ 256,096 $ 0.00% 21,941 20,667 18,250 4,797 26% 18,250 0.00% 5200 Operating Supplies Contractual Services 49,928 46,251 39,278 5,179 13% 39,278 0.00% 5300 1,410 642 300 94 31% 300 0.00% 5400 Other Expenses 5700 Capital Outlays 5,807 1,437 1,000 0% 1,000 0.00% 5900 Other Financin Uses NIA 0.00% $ 273,573 $ 298,172 $ 314,924 $ 64,297 20% $ 314,924 $ 0.00% 30253 City Treasurer 5100 Salaries & Benefits $ 272,839 $ 290,796 $ 283,261 $ 58,121 21% $ 283,261 $ 0.00% 5200 Operating Supplies 32,865 33,750 32,012 3,671 11% 32,012 0.00% 5300 Contractual Services 43,750 65,831 36,400 8,653 24% 36,400 0.00% 5400 other Expenses 2,933 545 1,500 104 7% 1,500 0,00"/c 5700 Capital Outlays 12.~53 2,652 4,000 0% 4,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 365,040 $ 393,574 $ 357,173 $ 70,549 20% _$______1§1__,_173 $ 0.00% 30248 Information Systems Administration 5100 Salaries & Benefits $ 235,640 $ 260,209 $ 284,985 $ 67,947 24% $ 284,985 $ 0.00% 5200 Operating Supplies 2,345 1,361 4,700 23 0% 4,700 0.00% ~ 5300 Contractual Services 66,905 44,653 54,095 1,698 3% 54,095 0.00% ~ 5400 other Expenses 8,049 7,619 4,500 0% 4,500 0.00% 5700 Capital Outlays 37,893 43,907 27,830 3,225 12% 27,830 0.00% 5900 Other Financing Uses NIA 0.00% $ 350,832 $ 357,749 $ 376,110 $ 72,893 19% $ 376,110 $ 0.00% 0.00%, $ 1,797,662 $ 1,846,558 $ 1,861,525 $ 421,745 23% $ 1,861,52_5 "- 60265 City Hall Maintenance 5100 Salaries & Benefits $ 66,138 $ 67,355 $ 59,345 $ 15,071 25% $ 59,345 $ 0.00% 5200 Operating Supplies 15,693. 12,925 13,000 528 4% 13,000 0.00% 5300 Contractual Services 203,498 188,186 180,000 35,824 20% 180,000 0.00% 5400 Other Expenses 500 5 1% 500 0.00% 5700 Capital Outlays 12,500 409 12,500 9B0 8% 12,500 0.00% 5900 Other Financing Uses NIA 0.00% $ 297,829 $ 268,875 $ 265,345 $ 52,408 20% $ 265,345 $ 0.00% $ 297,829 $ 268,875 $ 265,345 $ 52,40!3 20% $ 265.345 $ 0.00% 80400 Planning, Zoning and Economic Development 5100 Salaries & Benefits $ 393,435 $ 424,969 $ 420,398 $ 79,036 19% $ 420,398 $ 0.00% 5200 Operating Supplies 12,765 14,518 14,000 1,416 10% 14,000 0.00% 5300 Contractual Services 44,078 67,030 51,500 7,431 14% 51,500 0.00% 5400 Other Expenses 10,293 4,278 2,000 530 27% 2,000 0.00% 5700 Capital Out!ays 6,239 1,891 2,000 106 5% 2,000 0.00% 5900 Other Financin Uses NIA 0.00% $ 466,810 $ 512,686 $ 489,898 $ 88,519 18% $ 489,898 $ 0.00% $ 466,810 $ 512,686 $ 489,898 $ 88,519 18% $ 489,898 $ 0.00% Total Business Value Added Activities $ 4,168,407 $ 4,121,014 $ 4,076,793 $ 896,227 22% $ 4,076,793 $ 0.00% As a Percent of Total General Fund Expenditures 17.4% 17.4% 17.3% 19.9% 17.2% City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through %of Revised Change From From 2004 Actual 2002 Actual 2003 Estimate 2004 March 2004 Revised Estimate 2004 2004 Original Original II. Fixed Budget Items 30999 Transfers To Other Funds Major Street Fund $ 100,000 $ $ $ N/A $ $ 0.00% Local Street Fund 850,000 870,000 620,000 155,000 25% 620,000 0.00% Budget Stabilization Fund NIA 0.00% LC. Walker Arena Fund (Operating Subsidy) 271,837 210,000 200,000 50,000 25% 200,000 0.00% Public Improvement Fund (Fire Equipment Reserve) 150,000 150,000 150,000 37,500 25% 150,000 0.00% State Grants Fund (Grant Matches) 105,000 10,856 NIA 0.00% MOO State Rehab Loan Fund NIA 0.00% TIFA Debt Service Fund NIA 0.00% Tree Re lacement NIA 0.00% $ 1.476,837 $ 1,240,856 $ 970,000 $ 242,500 25% $ 970,000 $ 0.00% ~ "-" 30851 General Insurance $ 281,887 $ 335,805 $ 379,061 $ 0% $ 379,061 $ 0.00% 30906 Debt Retirement 216,860 217,397 216,816 2,629 1% 216,816 0.00% 10891 Contingency and Bad Debt Expense 495,550 133,760 400,000 0% 400,000 0.00% 90000 Major Capital Improvements 140,414 285,310 5,804 58% 10,000 10,000 0.00% Total Fixed-Budget Items $ 2,611,548 $ 2,213,128 $ 1,965,877 $ 250,933 13%, $ 1,975,877 $ 10,000 0.51% As a Percent of Total General Fund Expenditures 10.9% 9.3% 8.3% 5.6% 8.3% Total General Fund $ 23,971,534 · $ 23,705,334 $ 23,631,714 $ 4,511,295 19% $ 23,689,166 $ 57,452 0.24% Recap: Total General Fund By Expenditure Object 5100 Salaries & Benefits $ 13,226,336 $ 13,805,336 $ 14,690.645 $ 2,934,850 20% $ 14,730,597 $ 39.952 0.27% 5200 Operating Supplies 705,722 586,173 593,972 80,947 13% 601,472 7,500 1.26% 5300 Contractual Services 7,496,547 7,108,531 6,901,469 1,211,026 18% 6,896,469 (5,000) ~0.07% 5400 Other Expenses 186,615 86,383 92,982 10,463 11% 92,982 0.00% 5700 Capita! Outlays 662,617 660,658 165,830 28,880 16% 180,830 15,000 9.05% 5900 All Other Financing Uses 1,693,697 1,458,253 1,186,816 245,129 21% 1,186,816 0.00% Total General Fund $ 23,971,534 $ 23,705,334 $ 23,631,714 $ 4,511,295 19% $ 23,689,166 $ 57,452 0.24°/o City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As %Change Original Budget Actual Through Revised Estimate Change From Actual 2002 Actual 2003 %of From2004 Comments Estimate 2004 March2004 2004 2004 Original Original Revised 202 Major Streets and State Trunklines Fund Available Fund Balance" BOY $ 2,361,992 $ 1,622,095 $ 443,895 $ 1,413,112 $ 1,413,112 $ 969,217 Means of Financing Special assessments s 324,200 $ 358,650 $ 250,000 S s 250.000 $ 0.00% Federal grants 3,487,352 1,275.245 841,660 876,354 34,694 4.12% STPfTEOF GRANTS (HACKLEY, MCCRACKEN. SHERMAN PROJECTS) State grants 91,973 4,561,233 6,000,000 387,403 7.355,000 1,365,000 22.75% SHOREL1NE ORNE GRANTS State shared revenue 2,582,023 2,499,758 2,870,326 198,695 2.670,326 0,00% Interest income 95,702 169,533 50,000 22,946 70,000 20,000 40.00% Operating transfers In 100,000 0.00% Other 2,635,118 439.276 300,000 6.897 300.000 0.00% 9,316.368 $ 9,303,695 $ 10,311.986 $ 615.941 $ 11,731,680 $ 1,419,694 13.TT% ~ 60900 Operating Expenditures w s 5100 5200 Salaries & Benefits Operating Supplies ' 606,476 194,808 $ 617,857 165,364 $ 1.004.582 209,200 $ 215,111 89,328 '" 43% 1,004,582 209,200 $ 0.00% 0.00% 5300 Contractual Services 976,042 963,237 843,696 297,803 '5% 843,696 0.00% 5400 Other Expenses 6,082 5,351 4,000 254 6% 4,000 0.00% 5700 Capital Outlays N/A 0.00% 5900 Other Flnancing Uses 3,059,793 1,172,474 937,326 0% 937,326 0.00% DEBT SERVICE & TRANSFER TO LOCAL STREETS $300.000 IN 2003/04 20% $ 4,845,201 $ 2,924,283 ' 2,998,804 $ 602,496 $ 2,998.804 S 0.00% 90000 Project Expenditures s 5200 5300 Operating Supplies Contractual Services $ 5,211,064 $ 6,588.395 ' 7,560.000 .517,420 NIA 6% $ 9,317,000 ' 1,757.000 0.00% 23.24% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5700 Capital Outlays NIA 0.00% 5.211.064 $ 6.588.395 $ 7,560.000 s 517,420 6% s 9,317.000 $ 1,757,000 23.24% 10.056,265 $ 9.512,678 $ 10.558.804 $ 1,119,916 9% s 12,315,804 16.64% Available Fund Balance" EOY $ 1.622,095 s 1.413.112 $ 197.077 s 909.137 s 828,988 $ 631.911 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Actual 2002 Actual 2003 %of From 2004 Comments Estimate 2004 March 2004 2004 2004 Orig;nal Revised Oliglnal 203 Local Streets Fund Available Fund Balance· SOY $ 156.747 $ 9,701 $ 2.866 $ 145.643 $ 145.643 $ 142,777 Me.ins of Financing Special assessments $ 143,845 s 240,782 $ 125,000 $ $ 125,000 $ 0.00% Federal grants 0.00% State grants 1,366,771 0.00% Metro act fees 140,0DO 140.000 0.00% MOVED FROM GENERAL FUND State shared revenue 638,602 666,649 693,934 54,910 693,934 0.00% Interest Income 14,516 15,133 1,000 193 1,000 0.00% Operating transfers in 1,050,000 1,370.000 950,000 155,000 950,000 0.00% GENERAL FUND TRANSFER; $300,000 TRANSFER FROM MAJOR ST. 270,000 270,000 0.00% Other $ '" 1.847.769 $ 567 3,659,922 $ 2,039.934 $ "' 210.669 $ 2,179,934 $ 140,000 6.86% POSSIBLE CONTRIBUTION FROM MCC FOR TECH CENTER ROAD ~ +'> 60900 Operating Expenditures 5100 Salaries & Benefits $ 546.438 s 486,434 $ 463,828 $ 174.903 38% s 463.828 s 0.00% 5200 Operating Supplies 115.491 129.511 93,500 4,167 4% 93.500 0.00% 5300 Contractual Services 705.199 631,566 604,441 201,268 33% 604.441 0.00% 5400 Other Expenses 1,769 1,566 1,000 224 22% 1.000 0.00% 5700 Capital Outlays N/A 0.00% 5900 Other Financing Uses 124.113 64.169 N/A 0.00% $ 1.493.010 $ 1,313.246 $ 1.162,769 S 380,582 33% $ 1,162.769 $ 0.00% 90000 Project Expenditures 5200 Operating Supplies s $ s $ NIA $ $ 0.00% 5300 Contractual Services 501,805 2.210.734 860,000 92.907 19% 492.000 (368,000) -42.79% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL ' 501,805 1.994,815 $ $ 2,210,734 3.523,980 $ $ 860.000 2,022,769 $ $ 92.907 473.489 19% 29% ' $ 492.000 1.654.769 S (368.000) -42.79% -18.19% Av.iUable Fund Balance. EOY s 9,701 $ 145.643 $ 20.031 $ (117,177) s 1,70,808 $ 650.777 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Actual 2002 Actual 2003 %of From 2004 Comments Eslimate 2004 March 2004 2004 2004 Original Revised Original 254 L.C. Walker Arena Fund Available Fund Balance• BOY $ 19,133 $ 34.476 $ 33,195 s 37.589 s 37,589 $ 4,394 Means of Financing Special assessments $ $ s $ $ s 0.00% State grants 0.00% State shared revenue 0.00% Charges for services 623,382 597,288 625,000 238,593 625,000 0.00% 0.00% Interest income Operating transfers in - General Fund 271,837 1,331 330,000 500 200,000 " 50,000 500 200,000 0.00% OperaUng transfers in - TIFA Fund 60.000 60,000 0.00% Other 371 3,066 1,000 1,000 0.00% $ 895,590 $ 931,685 5 886,500 $ 288,640 $ 886,500 $ 0.00% ~ c.,, 70805 Operating Expenditure,: 5100 Salaries & Benefits s 11,942 s 12.394 $ 13.247 $ 3,357 25% $ 13.247 $ 0.00% 5200 Opera!ing Supplies Nugh Revised Estimate Change Frnm Actual2002 Actual 2003 %of From 2004 Comments Estimate 2004 Mart:h2004 200, 2004 Orig;nal Revised Original 403 Sidewalk Improvement Fund s s ' ' Available Fund Balance - BOY (95.006) $ {55,002) $ 1,094,083 1,032,893 1,032,893 {61,190) Means of Financing $ s 345,052 s 400,000 s 400,000 s ' Special assessments 408,133 0,00% Federal grants 0.00% State shared revenue 0.00% Charges for services 0,00% Interest income 54,434 66.211 10,000 1,397 25,000 15,000 150.00% Operatjng transfers in 195,201 89,218 50,000 50.000 0.00% FROM STREET FUNDS FOR HANDICAP RAMPS Other 1,578,012 0.00% 657,768 $ 2,078.493 ' 460,000 $ 1,397 ' 475,000 ' 15,000 3.26% ~ 30906 Operating Expenditures CT) NIA 5100 5200 Salaries & Benefits Operating Supplies ' ' ' ' NIA $ ' 0.00% 0.00% 5300 Contractual Services 1.013 NfA 0.00% 5400 Other E:o:penses NfA 0.00% 5700 Cap;taJ Outlays NfA 0.00% 5900 Other Financing Uses 245,122 291,956 466,498 0% 466.498 0.00% DEBT SERVICE ON SIDEWALK ASSESSMENT BONDS s s ' ' $ 245,122 292,969 $ 466,498 0% 466.498 0.00% 90000 Projeet E:o:penditures s ' $ 5200 5300 Operating Supplies Contractual Services 372,642 ' 697,629 350,000 $ 4,352 NIA 2% $ 225,000 {125,000) 0.00% -35.71% SEE "BUDGETED CAPlTAL IMPROVEMENTS" FOR DETAIL 5400 Other Expenses NIA 0.00% 5900 Other Flnancing Uses NIA 0.00% ,% -35.71% ' ' $ 372,642 $ 697,629 $ 350,000 4.352 $ 225,000 (125,000) s 1% $ 617,764 990,598 $ 816,498 ' 4.352 ' 691,498 -15.31% s 76,810 ' ' ' Available Fund Balance - EDY $ (55,002} $ 1,032,893 737,585 1,029,938 816,395 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget·- Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Comments Actual2002 Actual 2003 %of From2004 Estimate 2004 March2004 2004 2004 Original Revised Original 404 Public lmerovement Fund Av.iilable Fund Balance· BOY $ 1,564,898 s 985,797 $ 1,113,797 $ 1,408.432 s 1.408.432 s 294,635 Means of Financing Special assessments $ $ $ $ $ $ 0.00% Property taxes 0.00% Federal grants 0.00% State grants 52,850 390,600 0.00% Contnbutions 0.00% 70,725 47,939 550.000 30,987 300,000 (250,000) -45.45% SEAWAY INDUSTRIAL AND OTHER LAND SALES Sales or Property Interest income 32.294 16,347 20,000 2,006 10,000 (10,000) -50.00% $?% GENERAL FUND TRANSFER- FIRE EQUIPMENT RESERVE ($150,000) Operating transfers in 150,000 150,000 150,000 37,500 1,075,000 925,000 616 . AND RLF TRANSFER FOR CROSS LAKE FERRY ($925,000) 0 Other 39,352 75.454 0.00% $ 70,493 $ 1,365.000 $ 665,000 92.36% ' $ 345,221 680,340 S 720,000 ~ ----J Operating Expenditures 30936 s s s NIA ' 5100 Salaries & Benefits $ $ 0.00% Operating Supplies NIA 0.00% 5200 5300 Contractual Servie(!S 60,350 5,000 0% 5,000 0.00% 5'00 Other Expenses WA 0.00% 5700 Capital OuUays 404 NIA 0.00% URBAN LAND ASSEMBLY (ULA) LOAN PAYMENT - TO BE PAID FROM 5900 Other Financing Uses 150,000 150,000 0% 150,000 0.00% GENERAL FUND 1N 2005 AND FUTURE YEARS s 60,350 $ 150.000 $ 155,000 s 404 0% $ 155,000 $ 0.00% 90000 Project Expenditures 5200 Operating Supplies $ $ $ $ NIA $ $ 0.00% ssoo Contractual Services 70,011 9.437 401 NIA 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays 793,961 98,268 375,000 270,653 '4% 1,975.000 1,600,000 426.67% CROSSLAKE FERRY ($1.6 MILLION); FIRETRUCK $375,000 s 863,972 s 107.705 $ 375,000 $ 271,054 14% $ 1,975,000 $ 1,600,000 426.67% $ 924,322 $ 257,705 $ 530.000 $ 271,458 '3% $ 2,130,000 301.89% Available Fund Balance. EOY $ 985.797 $ 1,408.432 $ 1,303,797 s 1,207,467 $ 663.432 $ {640,365) City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget• Non-General Funds Actual As % Change Original Budget Actual Through Revised Estim;;te Change From Actual 2002 Actual 2003 %of From2004 comments Estimate 2004 March 2004 2004 2004 Original Revised Original 482 State Grants Fund Available Fund Balance• BOY $ $ $ $ 1,519 s 1,519 $ 1,519 Means of Financing Special assessments $ $ $ $ s $ 0.00% State grants 984,837 882,403 660,076 660,076 0.00% Federal grants 0.00% Sales of Property 0.00% Interest income 0,00% Operating transfers in 110,612 235,242 0.00% LOCAL MATCHES Other 10,000 25,000 0.00% 1,105,449 $ 1,142,645 $ 660,076 $ s 660,076 $ 0.00% ~ 30936 Operating Expenditures co 5100 Salaries & Benefits $ $ $ $ NIA $ $ 0.00% 5200 Operatjng Supplies NIA 0.00% 5300 Contractual Services NIA 0.00% WA "" 5700 Other Expenses Capital Outlays NIA 0.00% 0.00% 5900 Other Financing Uses NIA 0.00% TRANSFER TO LOCAL STREET FOR SMARTZONE INFRASTRUCTURE $ ' ' ' NIA ' $ 0.00% 90000 Projoct Expondituros 5200 Operating Supplies $ $ $ Contractual Services ' 1,099,B37 ' 1,141,126 NIA NIA $ 0.00% "" 5700 Capital Outlays 5,612 660,076 127,184 19% 660.076 0.00% 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 1,105.449 $ 1,141,126 $ $ ,,. ' 660,076 127,184 19% 660,076 $ 0.00% 1,105,449 $ 1,141,126 127,184 ' 660,076 ' ' 660,076 0.00% Available Fund Balance - EOY ' . ' 1,519 $ • $ {125,665) $ 1,519 ' 1,519 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual T.hrough Revised Estimate Change From Actual 2002 Actual 2003 %of From 2004 Comments Estimate 2004 March 2004 2004 2004 Original Revised Original 594 Marina & Launch Rame Fund Available Cash Balance• BOY $ 66,148 $ (183,560) $ 5.948 $ (20,982) s (20,982) $ {26.930) Means of Financing Special assessments s s $ s $ s 0.00% State grants 37,352 2S6.612 0.00% State shared revenue 0.00% Charges for services 276,736 263,880 280,000 92,610 280,000 0.00% 0.00% Interest income Operating tral15fers in '" 0.00% Other 10,378 0.00% $ "' 315,263 $ 530,870 S 280,000 s 92,610 $ 280,000 $ 0.00% ~ 70756 Operating Expenditures (D 11,886 $ 115,247 $ 0.00% 5100 Salaries & Benefots $ 106,934 $ 113,876 $ 115,247 $ 10% 5% 13,250 0.00% 5200 5300 Operating Supplies Contractual Services 13,030 107,812 20,491 130,577 13,250 114,350 "' 26299 23% 114,350 0.00% 5400 Other Expenses 1.020 138 NIA 0.00% NIA 0.00% 5700 5900 Capital Ouflays Other Financing Uses "' NIA 0.00% Other Cash Uses (e.g. Oebt Principal) (20,980) (21,576) NIA 0.00% $ 207,816 $ 244,209 $ 242,847 $ 38,965 16% $ 242,847 $ 0.00% 90000 Project Expenditures $ NIA $ $ 0.00% 5200 5300 Operating Supplies Contractual Services $ 357,155 $ 124,083 ' NIA 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5700 Capital OuOays NIA 0.00% $ 357,155 $ 124,083 $ $ NIA $ $ 0.00% 564,971 $ 368,292 $ 242,847 $ 38,965 1'% $ 242,847 0.00% ' Available Cash Balance - EOY $ (183,560) $ {20,982) $ 43,101 $ 32,6S3 $ 1S,171 $ (26,930) City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actua! As %Change Or 5100 Salaries & Benefits $ 41,577 ' '" ,oo 0% ,00 0.00% 5200 5300 Operating Supplies Contractual Services '" 3.569,898 3,354,562 4,088,318 1,008.053 2$% 4,088,318 0.00% 500 0% 500 0.00% 5'00 Other Expenses ''° '" 1,148 soo 0% 500 0.00% 5700 5900 Capital Outlays Other Financing Uses "' NIA 0.00% Other Cash Uses and Adjustments (e.g. (32.711) 216,202 NIA 0.00% Debt Principal) $ 3,580,083 $ 3,750,599 $ 4,120,102 $ 1,064,3:IB 26% $ 4,120.102 s 0.00% 90000 Project Expenditures $ NIA $ s 0.00% 5200 5300 OperaUng Supplies Contractual Services $ $ ' NIA 0.00% 5700 Capital Outlays NIA 0.00% s $ $ s NIA $ $ 0.00% 3,580,083 3,750,599 S 4,120.102 $ 1,064,338 26% $ 4,120,102 0.00% ' $ Available Cash Balance - EOY $ 884,953 S 902,877 $ 1,001,849 $ 444,179 $ 908,093 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Aclu.i!As % Change Original Budget Actual Through Revised Estimate Change From Actuill 2002 Ac!uat2003 %of From 2004 Comments Estimate 2004 March 2004 2004 2004 Original Revised Original 591 Water Fund Available Cash Balanca" BOY s 5,071,320 $ 4,189.460 S 4,502,864 s 3,422.264 s l,422,264 $ (1,080,600) Means of Financing Spedal assessments $ $ s s $ s 0.00% Federo! grants 0.00% State grants 100,000 100,000 0.00% SHORELINE DRIVE State shared revenue 0.00% Charges for services - City 3.209,797 2.936,nr 4,179,398 1,015 :4,179,398 0.00% Charges for services • Wholesale 541,130 827.619 510,499 183,739 800,000 289,501 56.71% Maintenance services. Township 112.036 200.000 42,269 200,000 0.00% Interest Income 84,468 51,689 50.000 15,629 30,000 (20,000) -40.00% Operating transfers in 0.00% Other 215,621 165,925 11,850,000 15,l.!71 10,700,000 (1,150,000) -9.70% NEW DEBT ISSUANCE $ 4,051.016 $ 4,094,246 $ 16,889,897 $ 258.523 s 16,009,391.l $ {880,499) -5.21% 30548 Operating Expenditures Administration 5100 Salaries & Benefits $ $ $ $ NIA $ $ 0.00% 5200 Operating Supplies 20 NIA 0.00% 5300 Contractual Services 433,310 524,932 507,379 107,947 21% 507,379 0.00% INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE 5400 Other Expenses 7.966 5.681 360 NIA 0.00% 5700 Capita\ Outlays NIA 0.00% 5900 Other Flnandng Uses 1,023,550 436,560 401,880 4,656 1% 401,880 0.00% INTEREST ON WATER BONDS Other Cash Uses and Adjustments (e.g. (155.361) {117,325) 420.000 0% 420,000 0,00% PRINCIPAL ON WATER BONDS DebtPrinci I) s 1,309,465 $ 849,868 $ 1,329,259 $ 112,963 S% $ 1,329,259 $ 0.00% 60559 Operating Expenditures Maintenance. City 5100 712,770 $ 993.724 s 909.197 189.370 909,197 $ "" u, 5200 Salaries & Benefits OperaMg Supplies $ 169,124 246.145 128.885 ' 27,105 21% 21% $ 128,885 0.00% 0.00% 5300 Contractual Services 336.967 436.2S2 495.674 71,630 "% 495.674 0.00% 5400 Other Expenses 33.577 9.788 34.480 7'3 2% 34,480 0.00% 5700 Capital Outlays 2.256 8,628 14.500 0% 14,500 0.00% 5900 Other Financing Uses NIA 0.00% s 1.254,694 $ 1,694,537 $ 1,582,736 $ 288,888 '8% $ 1,582,736 $ 0.00% 60660 Operating Expenditures Maintenance• Township 5100 Salaries & Benefits $ 203.610 $ 117,799 $ $ 18,885 NIA $ $ 0.00% 5200 Operating Supplies 10,219 5,494 NIA 0,00% 5300 Contractual Services 126,067 111.495 15,602 NIA 0.00% 5400 Other Expenses 792 805 NIA 0.00% 5700 Capital Outlays 3,289 NIA 0.00% 5900 Other Financing Uses NIA 0.00% s 343,977 $ 235,593 $ $ 34,487 NIA s 60558 Operating Expenditures FIitration ' 0.00% 5100 Salaries & Benefits $ 476,572 $ 520,119 s 575.431 $ 118,194 21% $ 575,431 $ 0.00% 5200 Operating Supplies 129,191 149,128 121,679 17,086 10% 121,679 0.00% 5300 Contractual Services 340,767 396,949 472.400 86,670 18% 472,400 0.00% 5400 Other Expenses 4,067 2,333 2,750 1,334 '9% 2,750 0.00% 5700 Capital Outlays 37,326 17,928 90,450 2.819 3% 90.450 0.00% 5900 Other Financing Uses NIA 0.00% Replacement Reserve - DWRF 290,000 0% 290,000 0.00% $ 987,923 $ 1,086.457 s 1,552,710 $ 226,103 15% $ 1,552,710 S 0.00% 90000 Project Expendituros 5200 Operating Supplies $ $ $ $ NIA $ $ 0.00% 5300 Contractual Services 1,036.817 994,987 12,745,000 591,135 5% 12.661,000 (84,000) -0.66% 570-0 Capital Outlays NIA 0.00% s 12,745,000 591,135 $ 12,661,000 (84,000) -0.66% 1,036,817 4,932,876 s 994,987 4,861,442 ' $ 17,209,705 's 1.253,576 5% 7% $ 17,125,705 ' -0.49% Available Cash Balance - EOY $ 4,189,460 $ 3,422,264 $ 4,183,056 S 2,427,211 $ 2,305,957 $ f!,!J77.099~ City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Comments Actual 2002 Actual2003 %of From 2004 Estimate 2004 March 2004 2004 2004 Original Revised Original 590 Sewer Fund $ $ 1,046,328 1,046,328 $ (512,202) ' Available Cash Balance· BOY $ 1,027,063 1,231,951 1,558,530 $ Means of Financing $ $ $ 0,00% Special assessme11ts Federal grants $ ' $ 0.00% State grants 462,131 100,000 100,000 0.00% SHOREUNE DRIVE State shared revenue 0.00% Charges for seivices 4,009,593 4,008,773 4,500,000 101,779 4,500,000 0.00% Interest income 22.263 19,739 40,000 7,839 40,000 0.00% Operating transfers in 0.00% Other 7,591 48,971 80,000 80,000 0.00% $ 4,501,578 $ 4,077.483 S 4,720.000 $ 109,618 $ 4,720,000 $ 0.00% Operating Expenditures Administration ""' 5100 Salaries & Benefits $ $ $ $ NIA $ $ 0.00% 5200 Operating Supplies NIA 0.00% 5300 Contractual Services 370,396 388.912 312.969 61,995 20% 312,969 0.00% INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE "" 0:, "'° Other Expenses 13.300 6,865 '27 NIA 0.00% 5700 Capital Outlays NIA 0.00% 5SOO Other Financing Uses 741,054 111.056 89,257 SO% 111,056 0.00% INTEREST ON SEWER BONDS Other Cash Uses and Adjustments (e.g. PRINCIPAL ON SEWER BONDS 32,9n 507,081 455,308 0% 455.308 0.00% Debt Princi all $ 1,157,722 $ 902.858 s 879.333 $ 151,679 17% $ 879,333 $ 0.00% 60559 Operating Expenditures Maintenance 5100 Salaries & Benefits $ 659,059 $ 609,560 $ 805,286 $ 136.662 17% s 805,266 $ 0.00% 5200 Operating Supplies 95,733 44.036 63.159 1,946 3% 63,159 0.00% 5300 Contractual Services 1,579,256 1,586,736 1,974,687 335.286 17% 1,974,687 0.00% 5'00 Other Expenses 3,004 2,248 2,500 1$0 6% 2,500 0.00% 5700 Capital Outlays 4.055 9.096 8,000 0% 6,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 2,341,109 s 2,253,676 $ 2.853,632 s 474,064 17% $ 2,853,632 $ 0,00% 90000 Project Expenditure:; 5200 Operating Supplies $ s $ s NIA $ $ 0.00% 5300 Contractual Services 797,659 1.106,572 945,000 213,628 24% 874,000 (71,000) -7.51% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5700 Capital Ou~ays NIA 0.00% 797,859 $ 1,106,572 $ 945,000 $ 213,628 24% $ 874,000 $ (71,000) -7.51% $ 4,296,690 $ 4,263,105 $ 4.677,965 $ 839,371 '8% $ 4,606,965 -1.52% $ $ 1,600,565 $ 316,575 $ 1,159,363 Available Cash Balance• EOY 1,231,951 ' 1,ll46.328 ~lty o; Muskegon -j. --~ ----'''-------l------'--·---C----- -1- - _,_ _ _ __J__ _ _ __L_ _ _ _.(_ - - - - - - - ----· quarterly Budget Reforecast and 2004 Propo~e~ -~-~dg!t~"------l-----"-----+------+- 1 ----···------ - - - - - - - - - - - - 1 Original 1st Quarterf :;1 2nd Quarte Jid O.llarie- Responsibl!!ty audget Comments Budget Ref=r~~::i Budget ' - _- - - --- ___L _ _ _ _J__ _ __:_J__--"'"'"""'---"R~_f9_!!l_CJl~!l __ JW9r11_cas_l --'------------------- 2004 PROJECTS 101 General Fund -------------------"'=,,.,.,..,,_.,,==~"' No Major Capital Projei:ts Budgeted - s ' ' -- 202 Major Streets Reconstruct and Service Replacements {$552,354 STP 91032 McCracken, She1man to Lakeshore Drive Al-Shale I 600,000 950,000 ______ Grarit) ,_,, _____ ,__________ _ , RetQflSlrucl arid Service Replacements ($324,000 STP 92012 Sherman, Lincoln to Beach AI-Sha\el 450 000 500,000 1______L _ _ _ __(__ _ _ __j__ _ _ _ _ _ ___,G,,aeocll~-------l 92026 Walnut, Wilcox to Thompson (100') Al-Shale! 35,000 35,000 Resurface Walnut and Recons\f\Jct Cherry w/Watermain 93004 Beidler, Laketon to Southern (1600') Al-Shale! 200,000 10,000 Special Assessment Failed ' --C-------------- l - - - - + - - - - · ... 93005 Strong, Jefferson to Peck (700'} A!-Shatel 120,000 95,000 Reconslruc! w/Wa!ermain 93006 Campus, Jeffersori to Washington (500') At-Shatel 80,000 150,000 Reconstruct -New CorlSlruction - Funded by$6.80 mllliOrl-BUiJd M\Ciiigan 96017 Shorelirie Drive East (Inc! Terrace Extension, Spring, and We A!-Shatel J,000,000 4,500,000: ,91635 _ Shorelirie Drive from Terrace to Southern Al•Shalel 3,000,000 3,000,000 '""' Resurfacing - Funded by $3.05 m!Mn Build Michigari Furid 96059 Sidewalks - Handicap Ramps Al-Sha lei 25,000 20,000 ----------+-----+-------1-----l- ------+-----------------1 93023 Western Ave - Pine to Terrace Al-Shale! 100,000 Reconstruct, could use Bulle! Michigan Funds Stale Jobs from past years Al-Shale! 7,000 -- - -··-- ------- - - - - - - - + - - - - - - - - - - - - - - - - - 1 7,560,000 9,317,000 203 Local Streets ~ - 93007 Hudson, Forest to Southem (400') AJ.Shatel 65,000 7,000 Special Assessment Failed -----1-----+------- 93008 Yuba Strelll, Eastern lo Sumrier (1500') Al•Shatel 250,000 12,000 Specia I Assessment Failed 93009 Ridge, Cumbe~and to Wickham (700') Al-Sha lei 90,000 8,000 Special Assessment Failed 93010 Torrent, LeTart to Shermari {350') AI-Shalel 50,000 60,000 New Constructkm - Grave! -Reiurface w/12" Waler Loop for Tech Center Building; 92018 Harvey, Marquette to Stebbins (2700') and Water Loop . ,. Al-Shale! 250,000 250,000 __Continnent UPOn MCC Reimbursement 93012 Austin, Bamey to Dela/ID Al-Sha!el _!__ _ _ _ _ __ 130,000 135,000 Reconstruct 96059 Sidewalks - Hariclicap Ramps --· ________ , __Al_-'_"_'_' _' --1--===""=-l===='=L----_j___ 25,000 860,000 20,000 492,000 254 L.C, Walker Arena 93015 Siemens Energy Improvements SroH 260,000 Financed With lnterfund Borrowing ---------- ,403 _ Sidewalks 96059 2004 Sidewalk Replacement Program Al-Sha lei 350,000 225,000 Financed With Special Assessment Bonds -· ···-----·-· . ----·- ------ 404 Public Improvement Fund 96051 Fire Quint Kleibecker 375,000 375,000 ' 93022 Cross Lake Ferry Improvements Mauide 1,600,000 $900,000 FROM RLF FUND ' 375,000 1,975,000 48~te Grants Fund ______ _ 91008 !core Commuriities lriiliative (Te1ed)'fle-Boardwalk) Brubaker-Clarke 500,000 500,000 Financed With Core Commuriities Grant I ,-,-···"--·---- ------------l------'-----1-----0- 96096 ;sue Assessment Projects Bn;baker-Clarke 46,076 46,076 ' ----------------C-----+------1------ 99060 I Lakeshore Trail Phase IV (Shoreline Drive) Scott 114,000 114,000 660,076 660,076 27 ___,! _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ --f------+'------+-'- - - - - + - - - - - + - - - - - f - - - City of Muskegon :§~~ir:t_erly Budget Reforecast and 2004 P.i:~p~o~•=e;,d=B=u=d~g•=•~1-----+-----C--------+-------+--------- - - _ _ _ _ _ __,__ _ _ _ j __ _ __J_ _ _ ___j__ _ _ _ - l - - - - - - + - - - - - - - - ___________, Ortglnal ht Quar1e 2nd Quarte 3rd Quarter Responslb!llly Bud et Budget Budget; Budget Comments L _ _J_ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ j __ _ __J_ ... - g L-_Refo~_c~!,_Beforeca~: RefQ!"~ca=•,t_ _ _ _ _ _ _ _ __ 2004 PROJECTS ------------------------'s"'~4si~~~*-- -------- 590 Sewer ·-···-~------+-----+------------- ----- 92004 Forest & Madison Lift Station Al•Sha!el 125,000 125,000 Replace Pumps, Panels and Rails 93007 Hudson, Forest lo Southern {990') Al•Sha!el 50,000 2-000 Special Assessment Failed ----------l-----+-----f---------1-----+--- - Reconstruct and Service Repla~ements ($355,830 STP 91032 McCracken, Sherman to Lakeshore Drive Al,Shatel 50,000 5-0.000 - ------- ----- -·----·- - - - - - - - - - - + - - - - - l - - - - - - + - - - - - - C - - - - - ,________,0,,,,,.11_ ----·· - - - 93004 Beidler, Laketon to Southern (1600') Al•Shatel 20,000 2,000 Special Assessment Failed ----- ---------+-----+------+-----+------------·-----+----------------- 93016 Sanitary Sewer Upgrades (Barney Liftsta!ion lo 12" Main) Al.Shale! 150,000 Added to Austin project ____ .]____ --- -----l------+---- -- --- -----·--·· ----- 93012 :Austin, Barney to Delano Al•Sllale! 50,000 100,000 New Sanitary Sewe1 Une ------l 96017 Shoreline D1!ve East (Incl Terrace Extension, Spring, and W Al•Shatel 100,000 150,000 Street P1oject - Associated Utility Work Sewer Rehab Project AI-Shatel 400,000 400,000 - ····---------+-----l-- ·--- ------ - -+-----+-----+---'-'-'-"-"-•_Pump S-~~~ Youog and Henry 93006 Campus, Jette.son to Washington Al•Shatel 35,000 Sanitary sewer main & service "------·-···· -- --·---~ 93005 Strong, Jefferson to Peck Al•Shatel 10,000 Service repair I - --···------------------ 945,000 674,000 L__ _j_ -- - -------------1-----1-----+-----+----I--- I filtl _e,W,"•=tc'e',_r_ _ _ _ _ _ _ _ _ _ __J__ _ __J__ _ __J__ _ __J_ _ ___j ____ - - - - - j - - - - - - - - - - - - - - - j 93007 Hudson, Forest to Southern (400') Al•Shatel 50,000 2,000 Special Assessment Failed ' 91032 - McCracken, She1man to Lakeshore Drive Al•Shatel 50,000 300,000 - - - - - - + - - - - - - - -- ·--- · - - - - - - - ; New 12" Walermain and services I ----·. - - - ~ -·-·--- . - - 93008 Yuba Street, Eastern to Sumner (1500') Al•Shate! 150,000 2,000 Special Assessment Failed ------------- ---· 92021 He1rick, Sumner to Jackson Al•Shate! 70,000 80,000 DWRF Bond Financed 93004 Beidler, Laketon lo Southern (1600') Al•Shatel 165,000 2.1100 Special Assessment Failed 93005 ----------1------l-----+-----l-- Strong, Jefferson to Peck (700') - - + - - - - - + - - - - - - ----- · - - ·-·----- .. --- - - - Al•Shatel 60,000 60,000 Reconslroct w/Walermain - --·-- Resurface w/12" Wate1 Loop for Tech Center Building; 92018 Harvey, Marquette to Slebbins (2700') and Water Loop AI.Shatel 800,000 600,000 Con!ifl!lent Uoon MCC ReimbUfsement and Muskeaon ~~ Nims St Tank Palnting 440,000 440,000 1 - - - - - - + - - - - ~ - - - - - - · · ··---· - - · - - - 96017 1Sho1ellne Drive East (Inc! Terrace Extension, Spring. and We Al•Shatel 100,000 150,000 Street Project • Associated Utility Worll . ---- -------+------1--- -- l - - - - - + - - - - - - - 92006 Water Main Replacements Al•Shatel 100,000 ------·-·--- -·-- --- . -- - - - - - - ----- 92007 Breakwall - Beach SI/eel Kuhn 60,000 Delayed Unlil 2005 -------+----------- _J'-------1------1------+------------- l .•97041 Water FIitration Plant lmp~'.:::~~ents Kuhn 10,700,000 10,700,000 DWRF Low ln1erest Loan Funding 93023 Western Ave, Pine lo Terrace Al•Shatel 70,000 New 12" Watermain 92026 Walnul, Wilcox lo Thompson Al•Shalel 20,000 - - - - - - - - - - - - + - - - - - ' - - - ··-- - 1--'-'_0_10-J-r_,_"_'__"_'_,s_h_,_,m_,_,_1o_L,_1,_,__________-J-_A_l_-_s_ha'.e_1 ___L::====i:==="'=i--~---l-------l------ 35,000 -------·- __________ _,______,_____ 12,745,000 ) _ _ 12,661,000 --- j __ _ __J_ _ _ _ _ _ C - - - - - - - - - - - - - - - - - 7 - - - - - - - - - - - - - - - 1 - - - - - + - - ------- 642 Public Service Building 99040 Public Service Bulldirig HVAC Energy Upgrades Kuhn 52,000 135,000 $83,000 Project ·costs Nol Completed in 2o6J11SOiigfrial1Y ~-- ------J-----i-----+-----+------J-------->PS --·· ,.. .... . _.. I . ----•-- ---- ·- Rentals ····- Buckef"i"ruck $1,400.00 1 month rental ExtraCarts $1,200.00 2-1 month rental -····· -- ···-- .• ! .. ,..• ' ! .. . . .. $8,954.50 ' Commission Meeting Date: April 27, 2004 Date: April20,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development RE: Sale of Marginal Lots at 348 and 372 Dratz Street SUMMARY OF REQUEST: To approve the sale of two vacant marginal lots (Parcel #24-613-000-0764-00 and #24- 613-000-0766-00) at 348 and 372 Dratz Street to Terry Kunnen, Jr., of 354 Dratz Street, Muskegon, Ml. Approval of this sale will allow Mr. Kunnen to expand his current yard. (see attached map). The property located to the North of Mr. Kunnen has an occupied, tax-reverted house located on it. These lots are being offered to Mr. Kunnen for $1 each under the Dollar Lot Marketing Plan. FINANCIAL IMPACT: The sale of these lots will allow the properties 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 deeds. COMMITTEE RECOMMENDATION: 4/20/2004 1 CITY OF MUSKEGON RESOLUTION #2004- 41 (g) RESOLUTION APPROVING THE SALE OF 2 CITY-OWNED NON-BUILDABLE LOTS I WHEREAS, the City of Muskegon has received $2 from Terry A. Kunnen, Jr., 354 Dratz Street, Muskegon, MI 49442 for the purchase of 2 vacant, City-owned lots located adjacent to his property at 348 & 372 Dratz Street (parcel #24-613-000-0764-00 and #24-613-000-0766-00); and WHEREAS, these lots are considered marginal under the City's Zoning Ordinance; and WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and would relieve the City of further maintenance; and WHEREAS, the sale of these properties would be in accordance with property disposition goals and the Dollar Lot Marketing Plan. NOW, THEREFORE BE IT RESOLVED, th~t THE CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 764 and CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 766 be sold to Terry A. Kunnen, Jr. for $1 each. Resolution adopted this 27'h day of April, 2004. Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None Gail A. Kundinger, MMC Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on April 27, 2004. The meeting was properly held and noticed pmsuant to the Open Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976. CITY OF MUSKEGON By _on_ ---]--,..--- ------- w~ - · - - ~- -°t!. m - - -- -- - - -- ~"-} s "61,_L - - • s ] ;-'Cc_~cc .-- -~___:J - ---- - - ;l ~ - _ _ j'.6___'.l~L_ L_ 1 ~.'.J~L_ -tt:T - s • ~0--- >-. - --- UJ ---- ----"I u ---- • ~:::>s ---- - - - - - --- - - -- ---l a ----- - - ~ 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 TERRY A. KUNNEN, JR., a married man, of 354 Dratz Street, Muskegon, Michigan 49442, the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit: CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 4, Lot 766 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 Gran tor. At that point in time when any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor shall agree to waive and terminate the reverter clause. This deed is exempt from real estate transfer tax pursuant tot.he provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i). Dated this ol'/1.4 day of /f;J/'// ,2004. Signed in the presence of: ~ (\l)n l 1»':>C\ STATE OF MICHIGAN COUNTY OF MUSKEGON Signed and sworn to before me in Muskegon County, Michigan, on /i 0 r;/ o< 'l , 2004 by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, ~espectively, of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City. /_,',,,I~ s. /4 t (-,, ,-- , Notary Public Acting in the County of @u .s ke e;c, a PREPARED BY: John C. Schrier /llus £'1:,£ 0 0 ccFu'nty, Michigan Parmenter O'Toole My Comm. Expires: 9- ;i <>- o C, l 75 W. Apple Avenue/P.O. Box 786 Muskegon, MI 49443-0786 Telephone: 23 l /722-1621 WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee C:\DOCUME~1\anguilm\LOCALS~1\Temp\815906.doc Commission Meeting Date: April 27, 2004 Date: April15,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development c/JL RE: Public Hearing - Request to Establish an Obsolete Property District - Harbor Theater SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, Michigan, has requested the establishment of an Obsolete Property District. The district would be located at 1937 Lakeshore Drive, Muskegon, Ml, the former Harbor Theater. Total capital investment for this project is $123,500. The project will result in the creation of 12-14 new jobs in the City. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution establishing an Obsolete Property District for 1937 Lakeshore Drive, Muskegon, Ml. COMMITTEE RECOMMENDATION: 4/28/03 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2004-42 (a) A resolution establishing an Obsolete Property Rehabilitation District. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City of Muskegon has been designated as a qualified local government unit for the purpose of establishing Obsolete Property Rehabilitation Districts and approving Applications for Obsolete Property Rehabilitation Exemption Certificates. B. The area located in the land described in this resolution is known to the City Commission and is clearly characterized by the presence of obsolete commercial property, and the land and improvements are obsolete commercial property. C. Notice has been given by certified mail to the owners of all real property within the proposed Obsolete Property Rehabilitation District and a hearing has been held offering an opportunity to all owners and any other resident or taxpayer of the City to appear and be heard. Said notice was given at lea.s t ten (10) days before the hearing. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: 1. That the property described in this resolution and proposed as an Obsolete Property Rehabilitation District is characterized by obsolete commercial property. 2. That the obsolete commercial property, the subject of this resolution, is described on the Attachment A to this resolution. 3. That the City Commission hereby establishes an Obsolete Property Rehabilitation District on the lands and parcels set forth in the attached description. This resolution passed. Ayes Shepherd, Spataro, Warmington. Carter. Davis. Gawron. Larson Nays None CITY OF MUSKEGOo/ By ~ Q-:__~:_ _: _:_~ Gail A. Kundinger., MMC ~ Clerk ATTACHMENT A CITY OF MUSKEGON EVISED PLAT OF 1903 SWL Y 55 FT LOT 2 NEL Y 22 FT LOT3 BLK627 CERTIFICATE This resolution was adopted at a meeting of the City Commission, held on April 27, 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 MUSKEG~~ By Gail ~ Q~r Kundinger, lvfMC A. Clerk I / I Commission Meeting Date: April 27, 2004 Date: April15,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development C/6 C,,,. RE: Public Hearing - Request to Issue an Obsolete Property Certificate - Harbor Theater SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, Ml, has requested the issuance of an Obsolete Property Certificate for the property located at 1937 Lakeshore Drive (former Harbor Theater), Muskegon, Ml. The building is presently unoccupied, but will be rehabilitated for use as a new improved theater and coffee shop. Total capital investment for this project is $123,500. The project will result in bringing 12-14 jobs to the City of Muskegon. Because of these new jobs, the applicant is eligible for a 9 (nine) year certificate. FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes would be frozen for the duration of the certificate. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: 1?37 Approval of the attached resolution issuing an Obsolete Property Certificate for ~~ .lrot!I< amcrot, Muskegon, Ml for a term of nine (9) years. Lq,,ft:, .. /2?1,e. /J/', ·//iL- coMMITTEE RECOMMENDATION: None 4/28/03 Apr 05 04 0S:04a John Bultema (c'31 J 780-3722 p.C .--··· Michigan Depanmenl of Treasury. STC 3674 {~0) APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is established. This project will not receive tax benefits until approved by the Slate Tax Commission. INSTRUCTIONS: File the Ol'iginal and one copy of this form and the required altachments with the clerf< of the local government unit (Tho State Tax Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see State Tax Commission Bulletin 9 of 2000 fOf" more information about the Qhs,::ilele Property Rehabilitation Exemption. TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION UNIT. Clerk must also complete sections14. 15 and 17 on page 2. Signature (,_ Applicalion No. 'k,,· Dal-', This Application W~s Received oate Received /1 f'I I s: ,xOO TO BE COMPLETED BY APPLICANT A Jicant, do not wn·te above this line. Bee in entries at 1a below. 1.1. Applicanl (Company) Name (App1ieant must be the OWNER of lhe facility) Important Note: Groot. lakes M'iriici & Storc UC If this application form (3674) is not fully completed, it will be b. Company Mailing Address (No. and StreeI, P.o. Box. City, State. ZIP) returned by the Property Tax Division prior lo any processing 19~ I.a Ir. MI 49441 being done by th1:?! State Tax Commission c. Loe a.lion of Obsolete Facility (No. and Sm~et, City, St.ale, ZIPM.i3~, ti. CityfTWp.Nillage e. County - 'lreiltre 1937 I.almue Ir. MI 49441 ME 2. Dale of Commencement of Rehabilltalion 3. Planlled Dall: ol Completion of Rehabirll!lition 4. Sc:ho« Dist ic:t Where Facility is Localed a. School Code 15 2'XJ4 61010 5. £!:limaled Cosl ol Reh.!bllit:ation 6. How Many Years ol Exemption Requested? 3~.oo 6 Yffil'.S to J2 YffiIS 7. Projec1 will have the reasonable ~llelihood lo; {Check one or more) 8. Legal Descrip!ion of Obsol'>le Property ~ increase commardal acilvlty IZJ create employment 'Ile auth l'e.'ler]y 55 fl of rot 2 ad tre D retain employment N:Jcthxb'lerly U. fl of Iol 3 Hk:ck 6Zl, 0 pte11enl a loss or emp!oymant re,isa'l Plat of 1903, City of' MEl 75CJ..-82lJ n MI 49441 Te!-C!phon& Number this aoolication and suooortinq documentation ma.Y 3674 (page 2) LOCAL GOVERNMENT ACTION This section is to be completed by the clerk of the local governing unit before submitting the application to the State Tax Commission. Include a copy of the resolution which approves the application. 14. Action Taken Jg' Date of Action: /l,ac1 I ol0 iJa)f ~ EXEMPTION APPROVED FOR q Years Ending December 31, d(l_l3 (not to exceed 12 years) 0 DISAPPROVED 15. RESOLUTION MUST CONTAIN THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission. ~ A statement that the local unit is a Qualified Local Governmental Unit. ~A statement that all of the items described on line 9 of the Application for ~ A statement that the Obsolete Property Rehabilitation District was legally Obsolete Property Rehabilitation Exemption Certificate have been provided to establlshed including the date established and the date of heanng as the Qualified Local Governmental Unit by the applicant. provided by section 3 of P.A. 146 of 2000. '[SI A statement that the commencement of the rehabilitation of the facility did not g A statement indicating whether the taxable value of the property proposed occur before the establishment of the Obsolete Property Rehabilitation to be exempt plus the aggregate taxable value of property already exempt District. under P.A. 146 of 2000 and under P.A. 198 of 1974 (JFT's) exceeds 5% of 13"' A statement lhat the application relates to a rehabilitation program that when the total taxable value of the unit. completed constitutes a rehabilitated facility within the meaning of PA 146 of ~ If it exceeds 5% (see above), a statement that exceeding 5% will not have 2000 and that is situated within an Obsolete Property Rehabihtation District the effect of substantially impeding the operating ol the Qualified Local established in a Qualified Local Governmental Unit eligible under PA 146 of Governmental Unit or of impairing the financial soundness of an affected 2000 to establish such a district. taxing unit. '8:J' A statement that completion ol the rehabilitated facility is calculated to, and _Q(' A statement that the application was approved at a public hearing as will at the time of issuance of the certificate, have the reasonable likelihood provided by section 4(2) of PA 146 ol 2000 including the date of the to, increase commercial activity, create employment, retain emplo~ent, ~earing. prevent a loss of employment, revitalize urban areas, or increase the number A slatement that the applicant is not delinquent in any taxes related to the of residents in the community in which the facility is situated. The statement facility. should indicate which of these the rehabilitation is likely to resull in. ' ~ A statement of the factors, criteria and objectives, if any, necessary for 181 A statement that the rehabilitation includes improvements aggregating 10% extending the exemption, when the certificate is for less than 12 years. or more of the true cash value ol the property at commencement of the ~A statement that the application is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A. 146 of 2000. section 2{h) of Public Act 146 of 2000. ~ A statement of the period of lime authorized by the Qualified Local Governmental Unit for completion of the rehabilitation. 16. ASSESSOR: Taxable Value State Equalized Value (SEV) Current Taxable Land l 3 ~QO L3,, (,, 00 Value and State l 3? 'loo l3.3. 700 Equalized Value of Buildings Buildings on Leased Land 1n '0 obsolete properties broken down for: Other Personal Property r, 0 Year of Values ,-2.{) (} 'I.. c:/00 t/ I'll, , I Date of Action on This Appll~tion c,t-~· ,,r 17. Name of Local Government Body Y. /l, •.sk,, ,Ye)/) ..... i/-.-:J7-ol/ . CLERKS CERTIFICATION The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way. Further the undersigned is aware that if any information provided is untrue, the exemption provided by P.A. 146 of 2000 may be in jeopardy. SignaturnCle~- , .,:; 'L, Clerk's Mailing Address (; ' KJ.-L-'\•~· (t-.. . v,C:::i ~.~) ,:J Date 7-/,;2 -o t/ City Telephone Number 1.J.3/ l 7,Jti-(,. 70.) ZIP Code 933 Je..,ri,/C'° )lJlf..:,/( ("<'On y·_p~vo Applications received after October 31 may not be acted upon in the cifrrent year. This application is subject to audit by the State Tax Commission. Mail completed Application and copy of Resolution to: State Tax Commission Michigan Department of Treasury P.O. Box 30471 Lansing, Michigan 48909-7971 If you have any questions, please call (517) 373-2408 or 373-3302. 1920 Lakeshore Drive • Muskegon, Michigan 4944 I Telephone (231) 759-8230 • Fax (231) 755-6437 APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE 9. The following must be proved to the local governmental unit as attachments to this application: NOTE: Please see attached photo a) The general description of the obsolete facility is that for many years this was operated as a movie theater. The last active business within the facility was a recording studio. b) The proposed use for the rehabilitated facility is for a new improved movie theater that includes a coffee shop. c) Description of the general nature and extent of the rehabilitation to be undertaken is a face-lift to the exterior as well as the interior. Which includes carpeting, expensive wall coverings, refit of the entire lighting system, modification to the sprinkler system, complete refit of bathroom facilities, new fixed seating and new exterior to the front including a new fixed awning. d) A descriptive list of the fixed building equipment is a complete refit of the bathroom facilities, refit of the entire lighting system, modification to the sprinkler system, carpeting, expensive wall coverings, new fixed seating and new exterior to the front including a new fixed awning. e) A time schedule of undertaking and completing is as soon as possible. Hopefully to start April 15, 2004 with a completion date of June 15, 2004. f) The economic advantages to this is rehabbing the building in the Lakeside district and creating employment and increase commercial activity for the community, Great Lakes Marina customers and the newly constructed facility for the Cross Lake Ferry. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTIONNO. 2004-42(b) A resolution approving the application for an Obsolete Property Rehabilitation Exemption Certificate by GREAT LAKES MARINA & STORAGE L.L.C. The City Commission of the City of Muskegon hereby RESOLVES: Recitals A. The City Commission has received an Application for an Obsolete Prope1iy Rehabilitation Exemption Ce1iificate from Great Lakes Marina & Storage, L.L.C., to apply to the improvements located in an Obsolete Property Rehabilitation District established by previous resolution. B. The City of Muskegon is a qualified local governmental unit as determined by STC Bulletin No. 9 of 2000, dated July 12, 2000. C. An Obsolete Property Rehabilitation District in which the application property is located was established after hearing on April 27, 2004, being the same date that the district was established. D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does not exceed five percent (5%) of the total taxable value of the City of Muskegon. E. In the event it is determined that the said taxable values do exceed five percent (5%), the City Commission determines further that the said excedence will not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of any affected taxing units. F. This resolution of approval is considered by the City Commission on April 27, 2004, after a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on this date. G. The applicant, Great Lakes Marina & Storage, L.L.C., is not delinquent any taxes related to the facility. H. The exemption to be granted by this resolution is for nine (9) years. I. The City Commission finds that the property for which the Obsolete Property Rehabilitation Exemption Certificate is sought is obsolete prope1iy within the meaning of Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is functionally obsolete. The City has received from the applicant all the items required by Section 9 of the application form, being the general description of the obsolete facility, a general description of the proposed use, a description of the general nature and extent of the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will be pmi of the rehabilitated facility, a time schedule for undertaking and complete the rehabilitation, and statement of the economic advantages expected from the exemption. J. Commencement of the rehabilitation has not occurred before the establishment of the district. K. The application relates to a rehabilitation program that when completed will constitute a rehabilitated within the meaning of PA 146 of 2000 and will be situated within the Obsolete Property Rehabilitation District established by the City under PA 146 of 2000. L. Completion of the rehabilitated facility is calculated to and will, at the time of the issuance of the Certificate, have the reasonable likelihood to increase commercial activity and create employment; it will revitalize an urban area. The rehabilitation will include improvements aggregating more than ten percent ( 10%) of the true cash value of the prope1iy at the commencement of the rehabilitation. M. The City Commission determines that the applicant shall have twelve (12) months to complete the rehabilitation. It shall be completed by April 27, 2005, or one year after the Certificate is issued, whichever occurs later. N. That notice pursuant to statute has been timely given to the applicant, the assessor for the City of Muskegon, representatives of the affected taxing units and the general public. NOW, THEREFORE, THE CITY COMMISSJON RESOLVES: 1. Based upon the statements set forth in, and incorporating the recitals to this resolution, the City Commission hereby approves the application filed by Great Lakes Marina & Storage, L.L.C., for an Obsolete Prope1iy Rehabilitation Exemption Ce1iificate, to be effective for a period of nine (9) years; 2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set forth in Attachment A, the legal description containing the facilities to be improved; 3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant shall comply with the representations and conditions set forth in the recitals above and in the application material submitted to the City. This resolution passed. Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None CITY OF MUSKEGON I By Lo.~~ Gail A. Kundginger, City Clerk 2 CERTIFICATE This resolution was adopted at a meeting of the City Commission held on April 27, 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 MUSKEGO~ j . By ~ D. t<,... . .d....,,..r Gail A. Kundinger, City Clerk 3 ·-·· CITY OF MUSKEGON LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held concerning the establishment of an Obsolete Property District and issuance of an Obsolete Property Exemption Certificate by Great Lakes Marina & Storage, LLC, 1920 Lakeshore Drive, Muskegon, MI 4944 f; as provided by Public Act 146 of Michigan Public Acts of 2000. The property is located at 193 7 Lakeshore Drive, Muskegon, Michigan. The hearing will be held by the City Commission of the City of Muskegon on April 27, 2004, at 5:30 p.m. at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan. Owners of property or any other resident or taxpayer of the City of Muskegon shall have the right to appear and be heard. Gail A. Kundinger City Clerk Publish: April 17, 2004 DMP PAGE ~3 81/23/2002 01:40 2317284548 REAL ESTATE SUMMARY SHEET Parcel: 61~24-205--627-0002-00 Owner's Name: l!ONT'.[NGTON BANI( Property Address: 1937 LAKSSHORS bR Map#: 24-30-35-253-006 Property Class: 201 School Di~trict, 61010 24 C!TY OF MtJSKEGON Prev. Clas• 1 201 Neighborhood, C07 .. C07.LllKllSIDE COM Public 1mpr., Paved Road, Storm Sewer, Sidewalk, Water, sewe~, Electric, Gae, Curb Topographyi Level, Landscaped Legal Description, Mailing Address: CITY OF MUSK!;;OON 221 W WEBSTER AVE REVISED PLAT OP 1903 MUSKEGON, MI 49440 SWLY 55 FT LOT 2 NELY 22 FT LOT 3 BLK 627 ---------------· Most Recent Sale Information ----------------- Sold or. 12/0B/2000 for 258,163 by DRUBE ROGER A/DENISE K. Terms of Sale, Sheriff's Deed Liber/Page, 3 ll~/2 98 Physical Property CharacteristicB ----------------- 2002 s.E.v., 15a,,oo Taxable, 'l.11,619 Land Value, 25,121 2001 S,E,V., 151,800 Taxable: 141,548 Acreag•• 0,22 zoning: R Frontage: 77.0 Homestead: 0,000\ Land Impt', Value, 9~5 Ave1•0.ge Depth, lH.o Improvement Data # of Residential Buildings, O # of Ag. Euildings, 0 'fear Built: O !lot. TCV, Occupancy; Single Family c:lasa: D ff of Commercial Buildings: 1 Style, 1 STORY Type: Theater Cinema &Y..terior: o.. sc; t Good (Physical), o Claaa: c ,eating System, Forced Air w/o Ducts Quality: Low Coat slectric - Amps Service: 0 Built, 0 Remodeled, 1~79 I of Bedroom$, O overall Building Height• ~l 'ull Bath•, 0 Half Bathe, 0 Floor Area: 7,020 ~loor Area: Sale Price/Floor Area: 36,78 h:"ound Area, EBt. TCV, 290,682 lara9e Area; Cmts, 1asement Area: ,.,,.i,emc:nt Walla; • '.st. TCV, NORTH ELEVATION NORTH AND EAST ELEVATION 11 LOCATION MAP WWestemAve Washington Ave in"Tl :c CJ >- iil a s:: nr ~ u, 0 .,□ o,_ ::: :::, o· g :::, ~- ~giglgi SUB:ECT PROPERTY 1937 Lakeshore Dr \ , g! if ::, µ.Mu""""sk,,..,,_,,__,M:,Ic:4,e94:,:4_,_,1~-----J Laketon Ave til U) '< C gi 0 UI w,\ ' eW "O :::, ve=•1 \ :c U) Mtiskeg\Cm \ i U). -C i U) 'iii' 1 \' - •• ,- , • ' I Lakeshore St l: Lakeshore St Q, i,,,~,"",~ , \ , \,',,~' e,'' \,,ul e ''; :..o,J>1,,,1=i'il'0" □ l.w-\\!;" ' ., = ... ~ (.) ~ ',,\~ ~8] i U) r 1:- "O Glen P,ve u,Harding Avr,, \!l,, , ill li iii' !j/ Crozier Ave "' C e _ en Beardsley Ave i2 U) 31 Cl (/) 'S 2:- w,ontague Ave ~ ~ ~ uS U) C ~ ~ C 11) W Sherman Blvd .~ ,"' ., W Sherman Blvd :c re; "I! U) .·m Hughes Ave - i~ (.) UI 11) " ::i; ll,I UI (? Norton Shores W Broadway Ave Cornell Rd 0mi 0.2 0.4 0.6 0.8 1.2 Copyright© 1988-2000 Microsoft Corp. and/or its suppliers. All rights reserved. http;//www.microsoft.com/Streels @Copyright 1999 by Geographic Data Technology, Inc. All rights reserved.© 1999 Navigation Technologies. AU rights reserved. This data inc!udes inform au on taken with pennission from Page 1 Canadian authorities© Her Majesty Iha Queen In Right of Canada.© Copyrighl 1999 by Compusearch Micromarketing Data and Systems Ltd. GREAT LAKES MARINA AND STORAGE LLC FIFTH THIRD BANK 22677 1920 LAKESHORE DRIVE MUSKEGON, Ml 49445 MUSKEGON, Ml 49441 74-5/724 (231) 759-8230 4/14/2004 PAY TO THE City of Muskegon $ **69.00 ORDER O F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' Sixty-Nine and 00/100* *** **** ***** **** ** **** *** *** ******* ** ***** ** ***** ** **** ***** *** - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS t5l ~. City of Muskegon Theater Application for obsolete property rehabi MEMO _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ M' 11• □ 2 2b 7 711• ,: □ ? 21.000 5 21: DODD 28 71. l. 211• GREAT LAKES MARINA AND STORAGE LLC City of Muskegon 4/14/2004 22677 Date Type Reference Original Amt. Balance Due Discount Payment 04/14/200 Bill APPLICATION FEE 69.00 69.00 69.00 Check Amount 69.00 1110 Cash-OK Ban Theater Application for obsolete property re 69.00 Commission Meeting Date: April 27, 2004 Date: April20,2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development Crb C.., RE: Vacation of a portion of Larch Avenue. SUMMARY OF REQUEST: Request for the vacation of Larch Avenue, between Clinton and Leahy St. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: I Lo..rc", Staff recommends vacation of the portion of Jackie □ BiYe., with the condition that any City easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended the vacation, with the condition as listed above with T. Harryman and T. Michalski voting no. 4/20/2004 CITY OF MUSKEGON RESOLUTION #2004-43(a) RESOLUTION TO VACATE A PORTION OF A PUBLIC STREET WHEREAS, a petition has been received to vacate Larch Ave., between Clinton and Leahy St; and WHEREAS, the Planning Commission held a public hearing on April 15, 2004 to consider the petition and subsequently recommended the vacation; and WHEREAS, due notice had been given of said hearing as well as the April 27, 2004 City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue Larch Ave., between Clinton and Leahy St.; BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portion of street vacated and discontinued provided, however, that this action on the prut of the City Commission shall not operate so as to conflict with any fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon, operating in, over and upon said portion of street hereby vacated, and it is hereby expressly declru·ed that any such tights shall remain in full force and effect; BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace speciaI planting, landscaping, fences or any strncture. No structure shall be placed in the easement which, in the sole judgment of the City, will inte1fere with the repair or maintenance of utilities in the easement, public or private. th Adopted this 27 day of April, 2004. Ayes: Warmington, Carter, Gawron, Larson, Shepherd, Spataro Nays: Davis Absent: None Attest LO_~ Gail A. Kundinger, MMC, City Cl ~ CERTIFICATE (Vacation of Larch Ave.) I hereby certify that the foregoing constitutes a tJ.ue and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on April 27, 2004. Gail Kundinger, MMC Clerk, City of Muskegon . ·~-i-----------~~~ ' 4/20/04 2 Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING April 15, 2004 Hearing; Case 2004-11: Request to vacate Larch Avenue between Clinton and Leahy Street, by Hackley Hospital (Gerald Adams) BACKGROUND Hackley Hospital is in the midst of turning the hospital into a more of a campus like atmosphere. The hospital is shifting focus from the neighborhood more towards the heavily traveled Laketon Avenue. The Master Planning Process has indicated that two new buildings are being planned for the campus, a 48,000 sqft medical office building and a 20,000 sqft cancer treatment center. The hospital is now requesting the vacation of two streets located within the "hospital campus." Larch Avenue runs south of the main hospital building and bisects the parking areas in between Peck and Leahy. The applicant has submitted a traffic analysis that indicated 85% to 90% of vehicles on that street are hospital related. Which translates to 1O to 15% passing through. The site plan (Case 2004-13) shows that if the street is vacated, larch will be closed off to inhibit through traffic. The connection through the site is planned to still be there, however it will be offset. The applicant has submitted a list of ways the vacation will help to improve the hospital site. The vacation will help to create a campus atmosphere, enhance development to the south of the complex, reduce traffic conflicts, and eliminate city maintenance on a road that is mainly used for private use. The hospital owns the land on both sides of the street. It intends on making the area more pedestrian friendly for staff and patients and a public street running down the middle makes that difficult. Staff has received comments from the DPW, they have indicated that we would need to obtain an easement for water, sewer, and storm utilities. Staff will bring any additional comments to the meeting. STAFF RECOMMENDATION Staff recommends approval of the request with the condition that the City retain all easement rights to the utilities. DELIBERATION I move that the vacation of Larch Avenue between Clinton and Leahy Street be (approved/denied). (based on the following conditions--only if approved): That all City easements be retained. Date: April 27, 2004 To: Honorable Mayor and City Commissioners From: Finance Director RE: Healthcare Renewal/Rx Co-Pay Reimbursement Program SUMMARY OF REQUEST: The City has received 2004-05 renewal rates for the Priority Health HMO program - the healthcare choice of nearly all active city employees. Renewal rates at current benefit levels are 15.1 % higher than current rates. This translates to an additional annual cost of $286,204. Staff has also received renewal rates assuming a change in the drug benefit co-pay from the current $10.00 to $15.00. Making this change lowers the rate increase to 8.9% and achieves gross annual savings of $118,738. We have discussed this option with the labor-management committee and they are generally receptive to the change provided that the city re-implement the $5.00 Rx reimbursement program to help soften the impact on employees. Staff believes that even with this proviso, significant savings will be achieved and recommends approval. FINANCIAL IMPACT: As shown on the attached page, net annual savings are estimated to be $93,438. The level of employee participation in the reimbursement program will determine actual costs/savings. BUDGET ACTION REQUIRED: No budget action is recommended at this time, however, the change will have positive impact on both the 2004 and 2005 budgets. STAFF RECOMMENDATION: Staff recommends renewal of the Priority Health contract with a $15.00 Rx co-pay and re-implementation of the $5.00 Rx co-pay reimbursement program. COMMITTEE RECOMMENDATION: None. 9/18/97 1 CITY OF MUSKEGON RENEWAL ANALYSIS 2004 Fully-Insured Priority Health HMO June 1, 2003 - June 1, 2004 Comments - Current Pro.9.ram Current Current $10.00 X 26 pay $1 o Office Visit Copay Composite Number of /12 mths = $21.66 Monthly Annual $1 O Prescription Drug Copay w/CM Rates Employees 3.47% of Prem. Premium Premium 100% Hospitalization Single $ 623.27 40 $ 866.66 $ 24,930.80 $ 299,169.60 80% DME/PO Double $ 623.27 59 $ 1,278.33 $ 36,772.93 $ 441,275.16 $25 ER Family $ 623.27 154 $ 3,336.66 $ 95,983.58 $ 1,151,802.96 $50 Ambulance TOTAL!/: ,, . ... ,. '' i!"':"'l!I:1{253 '$(::,' ' ' 5,4811651 $ ~57';687.31 : $!1;892)247,,72 Vision Exam - 12 mth $0 copay June 1, 2004 -June 1, 2005 Comments - Renewal w/No Chan.9.e Renewal Current $10.00 X 26 pay With Rate Relief represents a 15.1 % increase Composite Number of /12 mths = $21.66 Monthly Annual $ 23,850.31 Monthly Increase Rates Employees 3.02% of Prem. Premium Premium $286,203.72 Annual Increase Single $ 717.54 40 $ 866.66 $ 28,701.60 $ 344,419.20 Double $ 717.54 59 $ 1,278.33 $ 42,334.86 $ 508,018.32 Family $ 717.54 154 $ 3,336.66 $110,501.16 $ 1,326,013.92 TQTAl:.l:'<"•··• . T '' (Cf,253 '$/' ':)5;481.6/k $/181;$37(62 , $i2,178;:.i51'44 INCREASE OVER'CURRENTiCOST==::,, ,, $ 23,850l31' ,,$.! 286;2113172', .,,.:.~:,, , • ; ''·"~:;,,~,,; •. :::,. "'"'·"''·'"'· .~: .. ;,J:.;,.c;.. ,.,J.1.1 "' :,,:.,:.1. ~: ;;·.,.,, ' ,, • ,.,,,..•,,.,,., •..,.,..,.,.L. '' '.' ''' ' 'H it1'5l1% j June 1, 2004 - June 1, 2005 Comments - Renewal w/$15 Rx Copay Renewal Current $10.00 x 26 pay $1 O Office Visit Copay Composite Number of /12 mths = $21.661 Monthly Annual I $15 Prescription Drug Copay w/CM Rates Employees 3.19% of Prem. Premium Premium 100% Hospitalization Single I$ 678.43 I 401 $ 866.40 I$ 27,137.20 I$ 325,646.40 80% DME/PO Double I$ 678.43 I 591 $ 1,278.33 I$ 40,027.37 I$ 480,328.44 $25 ER Family I $ 678.43 I 1541 $ 3,336.66 I $104,478.22 I $ 1,253,738.64 $50 Ambulance 1"9TA½/••·•· ' ;.•., ., . /, •. ,,',••·, j, y•,.5,~~1,~;~;:[:~171,~1~-T~;J~•~,059;?~3i~s, ,:;> 2~~1 ~i·•·:• : Vision Exam - 12 mth $0 copay !INC:~l;ASE!QVER;.CURRENTCOST::;:::::,,, '' .. ·•.·• u: :>:: , : .:$\ '.13;955:48 '' 167,465'.76 • t ;' ,-_:\(:'t_:_ ;;:,_;_c,i;;, i:\:8':9% GROSSSAViNGSiBNiliiibVfNGTb$1s'.(10RltcoPAY::;=>'' ,,,.,1,-~-i.C.l~V:...• -l~---•"··• .,--lc'._./~,c.,,,:.t,i,,,,, C.,~.,,.J~,',,,;.,.c.;., .. i:, .. ;,.·.: .-..<:: h•'~ '.. :.,,,,.,..<,s0 ,•. ,: .• :,.,. ,.,:,.,"·"'- ""' ,..,,, ,•. :,.,,,•,.,1,:.:,.,, ,:,.; ..,.,.:,: .. :.. :.. ;;.: .. ;:,,,;I.,.; •'· }isn.~A:\?'1.f'l•~~:.l:!XJ:IV,IQ1{!f\l,~t9.~1~•-!19·•~ 92RAX:':=f :'i,·, ,, ,;L.LiU '.L•l:.•.• .,~~,13,?,~~•• 1 i Date: April 27. 2004 To: Honorable Mayor and City Commissioners From: Finance Director RE: Liability/Property Insurance Renewal SUMMARY OF REQUEST: To renew the city's liability and property insurance coverage with the Michigan Municipal Risk Management Association (MMRMA), an intergovernmental self-insurance pool representing more than 300 Michigan municipalities. Since 1986 the city has had liability coverage through MMRMA; in 1999 property coverage was added. Staff is recommending that the city's self- insured retention (SIR) be increased from the current $75,000 level to $100,000. The savings from doing this are nearly $100,000 which means the city would have to have four claims of over $100,000 before the premium savings were offset by the higher deductible. Recent experience has been favorable and staff believes this is a sound risk to assume. FINANCIAL IMPACT: Total contribution of $846,246 comprised of two components: $538,728 fixed insurance costs and $272,300 contribution to the city's self-insured retention fund. The fixed insurance costs represent a 3.5% decrease over 20003-04 costs (see attached). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Renewal of liability and property insurance coverage with MMRMA. Staff believes that intergovernmental procurement of insurance coverage is most cost-effective approach. Moreover, the MMRMA program has the broadest coverage available to Michigan municipalities and the city's past experience with the program has been very positive. COMMITTEE RECOMMENDATION: None. 9/18/97 1 CITY OF MUSKEGON 2004-2005 MMRMA LIABILITY RENEWAL OPTIONS CURRENT RENEW RENEW RENEW $75.000 SIR $75.000 SIR $100.000S/R $150.Q0_OSIR COVERAGE $ 594,515 $ 668.346 $ 573,946 $ 517.838 PERCENT INCREASE ===> 12.4% -3.5% -12.9% MEMBER LOSS FUND DEPOSIT 262.084 272.300 272,300 272.300 PERCENT INCREASE===> 3.9% 3.9% 3.9% $ 856.599 $ 940.646 $ 846,246 $ 790.138 PERCENT INCREASE===> 9.8% -1.2% -7.8% Commission Meeting Date: April 27, 2004 Date: April 16, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department RE: Sale of Parcel in Seaway Industrial Park SUMMARY OF REQUEST: To approve the sale of Lot #9 in Seaway Industrial Park (see attached map) to Schultz Transport, Inc., 1559 Getz Road, Muskegon, Ml 49441. This company performs commercial snowplowing, in addition to being a transport company. The purchase price is $24,000, which is the full asking price. Schultz Transport, Inc. will be relocating his business from his current location outside of the City, and has from 2-10 employees, depending on the season. As part of the purchase agreement, Schultz Transport, Inc. has requested a 45- day option on Lot #8. FINANCIAL IMPACT: The sale of this lot, while is located in a Renaissance Zone, will still generate City of Muskegon income tax. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the attached resolution and to authorize both the Mayor and the Clerk to sign said resolution, deed, and all other necessary documents. COMMITTEE RECOMMENDATION: 4/16/04 Resolution No. 2004-43 ( d) MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE SALE OF A LOT #9 IN SEAWAY INDUSTRIAL PARJ( TO SCHULTZ TRANSPORT, INC. WHEREAS, the City of Muskegon has ownership of the property known as Lot #9 located in Seaway Industrial Park, Muskegon, Michigan, designated as parcel numbers 24-205-410-00 l 0- 00; and WHEREAS, Schultz Transport, Inc., 1559 Getz Road, Muskegon, MI, has made a legitimate offer to purchase the subject property; and WHEREAS, both the Seller (City of Muskegon) and Buyer (Schultz Transport, Inc.) agree to the terms of the purchase as outlined in the attached purchase agreement; and WHEREAS, James Schultz, owner of Schultz Transport, Inc., is a City of Muskegon employee; and WHEREAS, James Schultz is a City employee, the City Commission desires to sell the property to Schultz Transport, Inc., and WHEREAS, the sale would generate additional.tax revenue for the City and relieve the City of further maintenance costs; and WHEREAS, the redevelopment of the subject property is consistent with the City's objective of development of Seaway Industrial Park. NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission approves the sale of the property known as Lot #9 to Schultz Transport, Inc. for the sum of $24,000, with a 45-day option to purchase Lot #8, not withstanding the conflict, the City Commission determines it is in the best interest of the City to sell this prope1iy. See attachment A for property description. Adopted this n th day of April, 2004 Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None Absent None ATTACHMENT A BLOCK 4 AND THE VACA TED ALLEY IN SAID BLOCK 4 AND PART OF VA CATED W AALKES STREET, YOUNG & WILLIAMS ADDITION AS RECORDED IN LIBER 3 OF PLATS, PAGE 39, MUSKEGON COUNTER REGISTER OF DEEDS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL¼ OF SECTION 31, T.I0N., R.16W., SAID CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, THENCE N00°00'00"E 644.09 FEET ALONG THE EAST LINE OF SAID NORTHWEST FRACTIONAL ¼; THENCE S89°39'32'W 33.00 FEET ALONG THE SOUTH LINE OF SAID YOUNG AND WILLIAMS ADDITION FOR POINT OF BEGINNING; THENCE S89°39'32"W 307.43 FEET ALONG SAID SOUTH LINE; THENCE N00°00'00"W 84.95 FEET ALONG THE CENTERLINE OF VA CATED WAALKES STREET; THENCE N89°40'00"E 307.43 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF DELANO A VENUE; THENCE S00°00'00"E 84.91 FEET ALONG THE WEST RIGHT OF WAY LINE OF PARK A VENUE TO POINT OF BEGINNING. NOTE: BEARINGS BASED ON THE EAST LINE OF THE NORTHWEST FRACTIONAL¼ OF SECTION 31, T.l0N., R.16W. PER PLAT OF YOUNG & WILLIAMS ADDTION AS RECORDED IN LIBER 3 OF PLATS, PAGE 39, MUSKEGON COUNTY REGISTER OF DEEDS. O:\Planning\COMMON\Econ. Dev\Property Sales\Seaway Industrial Park\LOT 9 ATTACHMENT A.doc CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on April 27, 2004. . / By: o..J.., L~ Gail Kundinger, Cl I .. I '« .'. : ' :. : ': ~ ~,,·,\.i__ . (. :,__ -· -• YOUNG -- -ST - ~. L'~ - - --- -_·- - '"--1'/II . [ .. ( .:.. - ;;-"L __ ,.: . . . . . - ( a: / ;1. 1[ . LEGEND ' I- ----- i,·::,i -·-·····--f--- ---1 __.i,..,. (/) . ·;· . ' ------·:.i-·-··---:1; ..• EXISTING CAS MAIN 2 ~ CL .>,!_t~1;a.c:- -·- _.,_ ___ -- •!·--------- -·-··1.Zc~----1.1. --ilif-- - · -·- - l ·1 [)(!STING WATERMAN EXISTING STOl:M SEv.!R 3.6 AC. EXISTIHC SAN/TAR'!' &M:R :::t ., ;~'. I 1•. I'! I- ! : '.' PRQPOS£O WA 'l'ERMAIN ------··h-------· I.:!. ""'" ;;; ' ------~ ·-·--·..1n :1-------rf----ro --------.ll-------···-![l: PflOF>OSfO STORM stM:R PROPOSED SANTARY SE'll(R t- w ·.c_-----~ --..-----~·:f;--•·-···· i-::. a: (/) 1 1 __ . - -i ·oELAWo ·sr · :[:.: ::, I!._____ , ..+- t :{-.:..- r 4.5 AC. II- - - ro. I -- - - -- -- - - ....-- __ fn 11 , 2. ' •c.. 0.6"Aci 9o.s ·• AC. I!'. '!; ii I, ii:: 0 )- :: I,<:'!; N i< "-' VJ I I I ,---Iii:! I •. u ; : · /.l 1 I: i / ;! 0.7 AC PRELI MINAR\· -----------~ . -~~--- - - - ~ "~\-:_-::-:_-:_-:_-:_:_:_---~~ - .:.:::=-c~----Li'-t="'7r'H-ACKLEY .-- 1 I AVE \ \ . . '---:.-:-:-1-- ., CITY OF MUSKEGON WUSl '\T'J_~rii._ 'Fo.h-' J::;1\Tfo,,_:] fsro~i..~ c)'--L" ~ ~\.Jce1~ ~. DATE: April 19, 2004 TO: Honorable Mayor and City Commissioners FROM: Robert B. Grabinski, Deputy Director of Public Safety Re: Concurrence with the Housing Board of Appeals Notice & Order to Demolish. Dangerous building case #EN-030174-Address: 637 Amity. SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of the Housing Board of Appeals that the structure located at 637 Amity -Area 11 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #EN030174-637 Amity. Location and ownership: This structure is located on Amity between Scott and Kenneth and is owned by Gustav Buchholz. The house was been damaged by fire in 2002 and the city holds $6437 in escrow until the repairs are completed or demolition occurs. Staff Correspondence: The owner was notified by the Fire Marshal on 6/12/02 of the insurance money being deposited in escrow. A board up notice was issued 3/11/02 and 4/21/03. A dangerous building inspection report was written 11 /20/03 and Notice and Order to repair or remove was issued 12/3/03. On 1/8/04 the HBA declared the house substandard and dangerous. Owner Contact: The owner (at that time Jeanette Casson) was present at the 1/8/04 HBA meeting with a potential buyer (Gustav Buchholz) of the property who stated he intends to repair and live in the house. They were told at that time that even though the house was being declared, they would have 30 days in which the potential owner could bring in proof of ownership, schedule an interior inspection and submit a timetable for repairs. Mr. Buchholz scheduled an interior inspection for 1/29/04, but had to cancel and reschedule for personal reasons. The interior inspection was scheduled for 2/20/04. That inspection was also canceled and rescheduled for 2/24/04. This case had been scheduled to go before the City Commission on 2/24/04, but was removed from the agenda when the interior inspection was conducted. The owner was notified that permits had to be pulled by 3/31/04, 30 day progress inspections, and a completion date of 9/1/04. On 4/5/04 Mr. Buchholz applied for a building permit, but disagreed with the value of $40,000 for repairs and did not take the permit out. He stated he would be back within a week and bring in estimates from his contractors to show what he believed to be the real value for the building permit. He was told at that time that he was already beyond the deadline date for pulling a permit and we could not promise him that in another week he would still be allowed to pull the permit. He left and came back 4/15/04 and dropped off estimates from a Wyoming building contractor for all of the work to be completed. Financial Impact: The cost of demolition will be paid with money that is escrowed. Budget Action Required: None SEV: $21,200 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. Estimated Cost of Repairs: $40,000 City Commission Recommendation: The Commission will consider this item at it's meeting on Tuesday, April 27, 2004. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 637 Amity 11/20/03 Inspection noted: 1. Windows broken & boarded. 2. Door broken and boarded. 3. Extensive fire damage to 2nd floor. 4. Extensive water damage to 1st floor. 5. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 6. All work requires construction permits. These permits must be obtained prior to work beginning. Please contact Inspection Services with any questions at 231-724-6715. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. HENRY FALTINOWSKl, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity- Exterior.doc CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 637 Amity 2/24/04 (INTERIOR INSPECTION) Inspection noted: 1. 2 nd Floor entirely gutted by fire. 2. Open splices and knob & tube wiring. 3. Wiring is deteriorated. 4. All wiring to comply with Michigan Residential Code. 5. 2 nd floor plumbing to be replaced. 6. Chimney needs repair and liner installed. 7. Waste & vent in basement installed without permit. 8. Furnace to be tested and certified safe. 9. Ductwork needs cleaning. 10. Gas piping needs to be pressurized and tested. 11. Water heaters need replacing. 12. Water piping painted and needs to be replaced. Galvanized need repair. 13. Replace all damaged roof covering - sheathing, rafter - joist upper. 14. All handrails, guardrails, exterior & interior need to be replaced to code. 15. Back stairway - roof - landings - must be rebuilt to code - structural failure. 16. Scrape and paint all exterior. 17. Replace soffit - fascia damage. 18. Floor joist cut in basement - must be resupported to bearing. 19. All damaged wall, ceiling, flooring to be replaced per code. 20. Foundation wall requires repair. 21. Smoke alarms required per code Sec. 317. - hardwired w/battery back up. 22. Support basement stairs with proper column support and frame floor opening per MRC 2000 sec. R502.10. 23. Encapsulate all interior smoke damage. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. HENRY FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\637 Amity-interior.doc 2 12 07P Fft?C b S 7 A,n i( ---r----00 k::,. 6Tf'ut~,~y~l - 1~1:loa'-) .
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