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CITY OF MUSKEGON CITY COMMISSION MEETING JULY 13, 2004 CITY COMMISSION CHAMBERS @ 5:30 P.M. AGENDA □ CALL TO ORDER: □ PRAYER: □ PLEDGE OF ALLEGIANCE: □ ROLL CALL: □ HONORS AND AWARDS: Recognition of National Recreation Parks Month. □ INTRODUCTIONS/PRESENTATION □ CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. Second Quarter 2004 Budget Reforecast. FINANCE C. Request to Purchase Tax-Reverted Properties. PLANNING & ECONOMIC DEVELOPMENT D. Leaking Underground Storage Tank Proposals. LEISURE SERVICES E. Local Law Enforcement Block Grant - Joint Spending Agreement CITY MANAGER F. Fisherman's Landing Grant request. CITY MANAGER □ PUBLIC HEARINGS: A. Request for an Industrial Facilities Exemption Certificate - SAPP! Fine Paper North America. PLANNING & ECONOMIC DEVELOPMENT B. Request for the Establishment of an Industrial Development District - Northern Machine Tool Company. PLANNING & ECONOMIC DEVELOPMENT the Industrial Development District for Northern Machine Tool Company. C. Request for an Industrial Facilities Exemption Certificate - Northern Machine Tool Company. PLANNING & ECONOMIC DEVELOPMENT D. Amendments to Brownfield Plan. PLANNING & ECONOMIC DEVELOPMENT 1. Northern Machine Tool Expansion. 2. Terrace Lots Office Building. □ COMMUNICATIONS: □ CITY MANAGER'S REPORT: □ UNFINISHED BUSINESS: □ NEW BUSINESS: A. Amendment to the Ferry Development Agreement. CITY MANAGER B. Relocation of Former Gas Station@ 793 W. Laketon. CITY MANAGER C. Disclosure of Potential Conflict of Interest under CDBG Community Development Block Grant Program. COMMUNITY & NEIGHBORHOOD SECOND READING - Rezoning Request for Property Located at 955 W. Request for Encroachment Agreement - Alley off Howden to the East. ENGINEERING D. Concurrence with the Housing Board of Appeals Notice and Order to 1. 331 Sumner-Garage 2. 1837 Kinsey 3. 307 Merrill 4. 1124 Ambrosia-Garage 5. 769 Amity-Garage (garage repaired, staff requests removal from agenda) 6. 382 Amity-Garage 7. 509 Amity 8. 1194 Sixth □ 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 foiward to the microphone. ► State name and address. ► Limit of 3 minutes to address the Commission. ► {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.) □ CLOSED SESSION: To discuss Land Acquisition. □ 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. parks and recreation agencies touch the lives of individuals, families, groups and the entire community, positively impacting upon the social, economic, health and environmental quality; and parks and recreation provide opportunities for the development and growth of young ,.,1r~·i:-:P4l~1~ people, and create links for older community members, therefore generating opportunitie ·,'~. for people to come together and experience a sense of community; and Date: July 13, 2004 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, June 22, 2004. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JULY 13, 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, July 13, 2004. Mayor Warmington opened the meeting with a prayer from Commissioner Gawron after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner Chris Carter, Kevin Davis, Stephen Gawron, Clara Shepherd, and Lawrence Spataro, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger. 2004-60 HONORS AND AWARDS: Recognition of National Recreation Parks Month. 2004-61 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday, June 22, 2004. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. B. Second Quarter 2004 Budget Reforecast. FINANCE SUMAMRY OF REQUEST: At this time staff is transmitting the Second 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. For the next meeting, an action item will be placed on the agenda for adoption of the second quarter budget reforecast together with any additional changes deemed necessary by Commissioners. Also included in the second quarter reforecast report is a very preliminary look at the 2005 budget based on currently available information. At this time, the projected 2005 budget shortfall is $589,017 which likely is understated due to incomplete departmental budget estimates. Staff will be refining these figures over the next several weeks in preparation for the September 1st submission of the 2005 budget to the City Commission. FINANCIAL IMPACT: The projected 2004 shortfall in general fund revenues is $444,403, mostly attributable to lower than budgeted state shared revenues. The good news is that the revenue shortfall has held steady since the first quarter reforecast. The other good news is that general fund expenditures are projected at $487,752 less than original budget as the result of position elimination's, position vacancies and other cost-control measures. However, the projected year-end 2004 fund balance is $282,620 less than the targeted amount (i.e. 10% of prior year expenditures). The 2003, 2004, and 2005 city budgets each include a $500,000 transfer from the budget stabilization fund. Obviously, without these infusions matters would be much worse. But it is also necessary to realize that recurring general fund revenues are falling far short of meeting recurring expenses. Absent a major pick-up in revenues in coming months, further major cost reductions will be required. The second quarter reforecast also incorporates several significant changes to major capital project cost projections. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. COMMITTEE RECOMMENTDATION: There is no committee recommendation at this time. The budget forecast will be discussed at the July worksession. C. Request to Purchase Tax-Reverted Properties. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: The State of Michigan is again offering the City a number of tax-reverted lots acquired prior to 2002 and available to us under the "old program" for the bargain price of $300 for the first five lots and $20 for each of the remainder of the properties. Since the City continues to mow and maintain these lots, even though they are State-owned, it would be advantageous to the City to take ownership of them. We can then attempt to sell them and get them back on the tax rolls. FINANCIAL IMPACT: The total cost of these 36 properties is $920. BUDGET ACTION REQUIRED: Expend the additional $920 necessary to purchase these parcels. STAFF RECOMMENDATION: To approve the request and to authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Land Reutilization Committee recommended approval at their June 22, 2004 meeting. D. Leaking Underground Storage Tank Proposals. LEISURE SERVICES SUMMARY OF REQUEST: To extend the contract with ERM to begin the closures of the contaminated sites at Hartshorn Marina and Rest/awn Cemetery. FINANCIAL IMPACT: $5,850 Hartshorn Marina $15, 900 Restlawn Cemetery BUDGET ACTION REQUIRED: Will need to adjust the Cemetery Budget. The Marina should not need adjustment. STAFF RECOMMENDATION: Approve E. Local Law Enforcement Block Grant - Joint Spending Agreement. CITY MANAGER SUMMARY OF REQUEST: To approve a joint spending agreement with the County for the City's Local Law Enforcement Block Grant (LLEBG). This is required because the U.S. Department of Justice has determined that disparate funding exists. FINANCIAL IMPACT: City of Muskegon $23,331 Muskegon County $ 8,983 (use is for jail security services) $32,314 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the above distributions. F. Application for Grant Funding for Fisherman's Landing. CITY MANAGER SUMMARY OF REQUEST: To support a grant application for funding for new restroom and shower facilities at Fisherman's Landing. FINANCIAL IMPACT: None. Any grant match will be provided by Fisherman's Landing, Inc. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To support a grant application and authorize staff to sign appropriate application documents and provide letter of support and/or resolution executed by Mayor and City Clerk. COMMITTEE RECOMMENDATION: The City Commission reviewed this matter at their work session on July 12, 2004. Motion by Commissioner Spataro, second by Commissioner Carter to approve the consent agenda as read. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None MOTION PASSES 2004-62 PUBLIC HEARINGS: A. Request for an Industrial Facilities Exemption Certificate - SAPPI Fine Paper North America. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, SAPPI Fine Paper North America, 2400 Lakeshore Drive, has requested the issuance of an Industrial Facilities Exemption Certificate. Since the total capital investment for this project is $13,500,111 in personal property, this request qualifies for a 9- year exemption. The project will not create any new employment opportunities, but will retain 500 jobs currently at the plant. FINANCIAL IMPACT: The City will capture certain additional property taxes generated by the expansion. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities Exemption Certificate for a term of (9) years. The Public Hearing opened at 5:37 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Gawron, second by Commissioner Spataro to close the Public Hearing at 5:39 p.m. and approve the Industrial Facilities Exemption Certificate for SAPPI Fine Paper North America for a term of nine years. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES B. Request for the Establishment of an Industrial Development District - Northern Machine Tool Company. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Northern Machine Tool Company, 761 Alberta Avenue, Muskegon, Michigan, has requested the establishment of an Industrial Development District for property located at 2380 Henry Street, Muskegon, Michigan. The project will result in the creation of 3 new jobs and $770,000 in private investment. FINANCIAL IMPACT: Certain additional income and property taxes will be collected. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial Development District for Northern Machine Tool Company. The Public Hearing opened at 5:40 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Spataro, second by Commissioner Gawron to close the Public Hearing at 5:42 p.m. and establish the Industrial Development District for Northern Machine Tool Company. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES C. Request for an Industrial Facilities Exemption Certificate - Northern Machine Tool Company. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended, Northern Machine Tool Company, 761 Alberta Avenue, has requested the issuance of an Industrial Facilities Exemption Certificate for the property located at 2380 Henry Street, Muskegon. The total capital investment for this project is $450,000 in real property and $250,000 in personal property for a total of $700,000 and will create 3 new employment opportunities. This request qualifies Northern Machine Tool Company for a 12-year exemption for real property and a 6-year exemption for personal property. Northern Machine Tool Company's current workforce is 45. FINANCIAL IMPACT: The City will capture certain additional property taxes generated by the expansion. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the resolution granting an Industrial Facilities Exemption Certificate for a term of twelve (12) years for real property and six (6) years for personal property. The Public Hearing opened at 5:42 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Carter, second by Vice Mayor Larson to close the Public Hearing at 5:44 p.m. and approve the Industrial Facilities Exemption Certificate for Northern Machine Tool Company for a term of twelve years for real property and six years for personal property. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES D. Amendments to Brownfield Plan. PLANNING & ECONOMIC DEVELOPMENT 1. Northern Machine Tool Expansion. SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by Triple O Enterprises, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the Northern Machine Tool expansion will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold the public hearing and approve the resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice in the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. The Public Hearing opened at 5:44 p.m. to hear and consider any comments from the public. Comments were heard from Mr. Steve Olson, 761 Alberta, the owner. Motion. by Commissioner Gawron, second by Commissioner Spataro to close the Public Hearing at 5:47 p.m. and approve the amendments for the inclusion of property owned by Triple O Enterprises, LLC in the Brownfield Plan. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES 2. Terrace Lots Office Building. SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by MSB II, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the completion of construction of the Terrace Lost Office Building will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold the public hearing and approve the resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice in the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. The Public Hearing opened at 5:48 p.m. to hear and consider any comments from the public. No comments were heard. Motion by Commissioner Carter, second by Commissioner Davis to close the Public Hearing at 5:50 p.m. and approve the amendment for the inclusion of property owned by MSB II, LLC in the Brownfield Plan. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES 3. Art Works Apartments. SUMMARY OF REQUEST: To hold a public hearing and approve the resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by Boiler Works, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the redevelopment of the property into an Art Works space (with residential and gallery space) will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold public hearing and approve the resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice in the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. The Public Hearing opened at 5:51 p.m. to hear and consider any comments from the public. Comments in favor of the project were heard from Gary Hydell from MSHDA; Michael Jacobsen, 2282 Fulton, Grand Rapids; Kevin Woods, Woods Consulting, Muskegon; and Paul Veltkamp, 592 W. Muskegon. Motion by Commissioner Carter, second by Commissioner Spataro to close the Public Hearing at 7:10 p.m. and postpone vote until the July 27th meeting. ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington Nays: None MOTION PASSES 2004-63 NEW BUSINESS: A. Lakefront. LLC - Special Assessment. CITY MANAGER SUMMARY OF REQUEST: To agree to allow Lakefront, LLC to delay the 1'1 installment payment on their special assessment for up to six months and agree not to invoke the payment acceleration provision of the special assessment agreement during that period. Lakefront will be responsible for paying late fees and interest in accordance with the special assessment agreement. FINANCIAL IMPACT: Delay in payment of $220,000 in principal and interest payment. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the request. Motion by Vice Mayor Larson, second by Commissioner Gawron to allow Lakefront, LLC to delay the first installment payment. ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None MOTION PASSES B. Amendment to the Ferry Development Agreement. CITY MANAGER SUMMARY OF REQUEST: To enter into an amendment to the Ferry Development Agreement with Great Lakes Marina. This is necessary to accommodate additional costs associated with the project. FINANCIAL IMPACT: Additional cost of $641,097.82 of which $200,000 will be covered by a grant from the County of Muskegon. BUDGET ACTION REQUIRED: A budget adjustment will be necessary to accommodate this request. STAFF RECOMMENDATION: None Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the amendment to the Ferry Development Agreement with Great Lakes Marina. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES C. Relocation of Former Gas Station@ 793 W. Laketon. CITY MANAGER SUMMARY OF REQUEST: To consider sale of City owned lot to Brenda Moore to relocate the former gas station building (Freres) from 793 W. Laketon. FINANCIAL IMPACT: Sale proceeds to City of $1,000. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None Motion by Commissioner Spataro, second by Commissioner Davis to approve relocation contingent on receipt of title of property from State of Michigan MOTION AND SECOND WITHDRAWN. Motion by Commissioner Spataro, second by Vice Mayor Larson to authorize staff to negotiate a purchase agreement contingent on receipt of title of property from the State. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES D. Disclosure of Potential Conflict of Interest Under CDBG Community Development Block Grant Program. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: Under Community Development Block Grant regulations, potential Conflicts of Interest must be disclosed to the public prior to requesting a waiver from HUD. Sheliah Shah of 807 Wood, has applied for CDBG assistance under the City's Emergency Assistance Program. Ms. Shah is a member of the Citizen's District Council which governs how the monies are spent in this program. The City Attorney has determined that no Conflict of Interest is present in this case: however, this must be disclosed to the public before any further action can be taken. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: The legal opinion of the City Attorney must be kept on file with the City Clerk for future public review. If the public can present no evidence to support a potential conflict, a request for a Conflict of Interest waiver may be forwarded to HUD for approval. Motion by Vice Mayor Larson, second by Commissioner Davis that the request for a Conflict of Interest waiver be forwarded to HUD. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None Absent: Spataro (out of the room) MOTION PASSES E. SECOND READING - Rezoning Request for Property Located at 955 W. Laketon. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon, form B-4, General Business to RT, Two Family Residential. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map and Master Land Use Plan. COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the request at their 3/11 meeting and recommended that the City Commission ask the ZBA to reconsider the hardship application for this property. The denial request was approved with Commissioners S. Warmington, B. Smith, and T. Michalski voting nay. T. Johnson was absent. Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the rezone request for property located at 955 W. Laketon from B-4, General Business to RT, Two Family Residential. ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nays: None MOTION PASSES F. Request for Encroachment Agreement - Alley off Howden to the East. ENGINEERING SUMMARY OF REQUEST: Mr. Stephen Gawron, owner of 1952 Howden, has submitted the encroachment agreement form requesting your permission to install and maintain a berm with planting as well as a decorative fence along the north right of way line of the referenced alley. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement with the supplemental conditions. Motion by Commissioner Spataro, second by Commissioner Carter to approve the encroachment agreement with the supplemental conditions. ROLL VOTE: Ayes: Carter, Davis, Larson, Shepherd, Spataro Nays: None Absent: Warmington (out of the room) Abstain: Gawron MOTION PASSES G. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the Following: PUBLIC SAFETY SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures listed below are unsafe, substandard, a public nuisance 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 contractor for demolition with the lowest responsible bidder. 1837 Kinsey CASE# & PROJECT ADDRESS: #EN-030169 - 1837 Kinsey LOCATION AND OWNERSHIP: This structure is located on Kinsey between Laketon and Windsor and is owned by Bonaes, LLC. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 10/24/03 and an interior inspection 11 /12/03 and the notice and order to repair was issued on 1/27 /04. On 4/1 /04 the HBA declared the structure substandard and dangerous. OWNER CONTACT: There has been no contact from the owner. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $24,400 ESTIMATED COST TO REPAIR: $40,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 307 Merrill CASE# & PROJECT ADDRESS: #EN-040024 - 307 Merrill LOCATION AND OWNERSHIP: This structure is located on Merrill between Fourth and Fifth Street. It is owned by JP Morgan Chase Bank. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 2/2/04 and the notice and order to repair was issued on 2/3/04. On 5/6/04 the HBA declared the structure substandard and dangerous. OWNER CONTACT: There has been no contact from the owner. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $16,100 ESTIMATED COST TO REPAIR: $1,500 plus the cost of interior repairs STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 382 Amity-Garage CASE# & PROJECT ADDRESS: #EN-040008 - 382 Amity-Garage LOCATION AND OWNERSHIP: This structure is located on Amity between Emerald and Wood Street. It is owned by Doris Brown. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 1/26/04 and the notice and order to repair was issued on 1/27 /04. On 4/ 1/04 the HBA declared the garage substandard and dangerous. OWNER CONTACT: There has been no contact from the owner. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $24,100 ESTIMATED COST TO REPAIR: $2,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. 1194 Sixth CASE# & PROJECT ADDRESS: #EN-040033 - 1194 Sixth LOCATION AND OWNERSHIP: This structure is located on Sixth between Merrill and Monroe and is owned by Sam Hicks. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 3/9/04 and the notice and order to repair was issued on 3/22/04. On 5/6/04 the HBA declared the structure substandard and dangerous. The case began with an appeal by the owner stemming from requirements from the rental inspection. The owner was not present at the HBA meeting for his appeal and was ordered to have the trade inspectors inspect the house. Once the trade inspectors saw the condition of the house, it was determined to be a dangerous building. OWNER CONTACT: The owner scheduled the interior inspection. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $17,300 ESTIMATED COST TO REPAIR: $30,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Carter, second by Comissioner Spataro to concur with the Housing Board of Appeals decision to demolish 1837 Kinsey, 307 Merrill, 382 Amity-Garage, and 1194 Sixth. ROLL VOTE: Ayes: Davis, Gawron, Shepherd, Spataro, Warmington, Carter Nays: None Absent: Larson (out of the room) MOTION PASSES 331 Sumner-Garage CASE# & PROJECT ADDRESS: #EN-030131 -331 Sumner-Garage LOCATION AND OWNERSHIP: This structure is located on Sumner between Erickson and Octavius Street. It is owned by Dorothy Bates. STAFF CORRECPONDENCE: A dangerous building inspection was conducted on 5/29/03 and the notice and order to repair was issued on 6/12/03. On 11 /6/03 the HBA declared the garage substandard and dangerous. OWNER CONTACT: The owner pulled a permit to repair 7/23/03 which expired 9/30/03. The permit was extended to 10/30/03. The owner and her son came in and submitted a proposal for NIC to repair the garage. There has been no further contact and the garage was not repaired by NIC. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $19,000 Estimated cost to repair: $3,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Gawron to concur with the Housing Board of Appeals decision to demolish 331 Sumner-Garage. ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, Davis Nays: None MOTION PASSES 1124 Ambrosia-Garage CASE# & PROJECT ADDRESS: #EN-040030- 1124 Ambrosia-Garage LOCATION AND OWNERSHIP: This structure is located on Ambrosia between Iona and E. Isabella. It is owned by Dorothy Bailey. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 2/6/04 and the notice and order to repair was issued on 2/9/04. On 4/1 /04 the HBA declared the garage substandard and dangerous. OWNER CONTACT: The owner spoke with the Director; she knows the garage needs to be demolished. The City will proceed with the process and she is going to work out a payment plan with Bob Robles for the demolition. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $19,400 ESTIMATED COST TO REPAIR: $5,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Carter to concur with the Housing Board of Appeals decision to demolish 1124 Ambrosia. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES 509 Amity CASE# & PROJECT ADDRESS: #EN-040003 - 509 Amity LOCATION AND OWNERSHIP: This structure is located on Amity between Williams and Scott Street. It is owned by Mary Barnes. STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 1/20/04 and the notice and order to repair was issued on 1/23/04. On 4/1 /04 the HBA declared the garage substandard and dangerous. OWNER CONTACT: This property was owned by Carrie Green, who is recently deceased. Her family was present at the 4/1 /04 HBA meeting. Her daughter, Mary Barnes, stated the family was trying to sell the house at the time. They stated Marshall Redder might be interested in purchasing the home. The Director of Inspections explained the demolition process to Ms. Barnes, they can still sell the house, the new owner will have to bring it up to code. On 6/24/04 Mary Barnes came into the office to say that Marshall Redder was purchasing the house. She wanted to make sure it was ok for her to sell the house during this process. She was told she can sell it, but the demolition process will continue and it will be up to the new owner to stop the process. FINANCIAL IMPACT: CDBG Funds BUDGET ACTION REQUIRED: None STATE EQUALIZED VALUE: $13,900 ESTIMATED COST TO REPAIR: $2,000 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 Gawron to concur with the Housing Board of Appeals decision to demolish 509 Amity. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, Larson Nays: None MOTION PASSES 769 Amity-Garage - Removed per request of staff. 2004-64 CLOSED SESSION: Land Acquisition. Motion by Commissioner Spataro, second by Vice Mayor Larson to go into Closed Session at 8:06 p.m. to discuss land acquisition. ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd Nays: None MOTION PASSES Motion by Commissioner Shepherd, second by Commissioner Carter to come out of Closed Session at 8:49 p.m. ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, Gawron Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 8:50 p.m. Respectfully submitted ~o~. Gail A . Kundinger, MMC City Clerk Date: July 13, 2004 To: Honorable Mayor and City Commissioners From: Finance Director RE: Second Quarter 2004 Budget Reforecast SUMMARY OF REQUEST: At this time staff is transmitting the Second 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. For the next meeting, an action item will be placed on the agenda for adoption of the second quarter budget reforecast together with any additional changes deemed necessary by Commissioners. Also included in the second quarter reforecast report is a ve,y preliinina,y look at the 2005 budget based on currently available information. At this time, the projected 2005 budget shortfall is $589,017 which likely is understated due to incomplete departmental budget estimates. Staff will be refining these figures over the next several weeks in preparation for the September 1st submission of the 2005 budget to the City Commission. FINANCIAL IMPACT: The projected 2004 shortfall in general fund revenues is $444,403, mostly attributable to lower than budgeted state shared revenues. The good news is that the revenue shortfall has held steady since the first quarter reforecast. The other good news is that general fund expenditures are projected at $487,752 less than original budget as the result of position elimination's, position vacancies and other cost-control measures. However, the projected year-end 2004 fund balance is $282,620 less than the targeted amount (i.e. 10% of prior year expenditures). The 2003, 2004 and 2005 city budgets each include a $500,000 transfer from the budget stabilization fund. Obviously, without these infusions matters would be much worse. But it is also necessary to realize that recurring general fund revenues are falling far short of meeting recurring expenses. Absent a major pick-up in revenues in coming months, further major cost reductions will be required. The second quarter reforecast also incorporates several significant changes to major capital project cost projections. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will request formal approval of the Reforecast and related budget amendments. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. The budget reforecast will be discussed at the July worksession. 1 CITY OF MUSKEGON GENERAL FUND HISTORICAL SUMMARY Revenues & Expenditures & Fund Balance Year Transfers In Transfers Out at Year-End 1994 $ 15,301,973 $ 15,572,689 $ 2,026,714 1995 16,633,179 16,337,586 2,322,307 1996 17,666,214 18,018,159 1,970,362 1997 20,437,646 20,358,321 2,049,687 1998 21,643,855 21,634,467 2,059,075 1999 21,451,681 22,011,881 1,498,875 2000 23,685,516 22,232,657 2,951,734 2001 23,446,611 23,235,978 3,162,367 2002 23,617,163 23,971,534 2,807,996 2003 23,328,756 23,705,334 2,431,418 Target FB 2004 22,800,457 23,143,962 2,087,913 2,370,533 (282,620) Fiscal 2005 Budget Summary FUND BALANCE AT START OF YEAR $ 2 087 913 MEANS OF FINANCING: Taxes 13,408,325 57.9% Licenses and Permits 1,123,000 4.8% Federal Grants 100,087 0.4% State Grants 27,000 0.1% State Shared Revenue 4,688,657 20.2% other Charges 2,144,440 9.3% Interest & Rentals 210,053 0.9% Fines and Fees 460,750 2.0% Other Revenue 406,250 1.8% Other Financing Sources 595,000 2.6% 23,163,562 100.0% ESTIMATED REQUIREMENTS: Customer Value Added Activities 17,699,648 75.2% Business Value Added Activities 4,094,073 17.4% Fixed Budget Items 1 732 375 7.4% 23,526,096 100.0% ESTIMATED FUND BALANCE AT END OF YEAR f/1 ( a11'0 $ 1 725 379 {'(l,rJv.4,nve J.se OPERATING DEFICIT (USE OF FUND BALANCE} $ (362,534) 0 ;: II 1. s- J/JdJ ,7?; TARGET FUND BALANCE (10% PRIOR YEAR EXPENDITURES) $ 2,314,396 ;&;,:,c-cr YT,,b,h,,,,r,.,._ ESTIMATED EXCESS (SHORTFALL) vs. TARGET $ (589,017) ,;c,,,,1; ,'. ./IJtft/,(JJt} I# ,JtJ:3, !}tJ.•Y IJ.lf~J- 2 City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund '11'1{ Q j1c., f',·c Jirn, ~"r/ General Fund Revenue Summary By Source R<fur-ccll_,r I os: f;JPo-<-r Original Budget Actual Through J,,, Revised Estimate Change From i Original Budget % Change From 2004 Actual 2002 Actual 2003 Estimate 2004 May 2004 2004 2004 Original Estimate 2005 Revised Available Fund Balance - BOY $ 3,162,367 $ 2,807,996 $ 2,707,798 $ 2,431,418 $ 2,431,418 $ (276,380) $ 2,097,913 Taxes City income tax $ 6,692,609 $ 6,542,355 $ 6,450,000 $ 3,349,260 $ 6,500,000 $ 50,000 $ 6,550,000 0.77% Property taxes - general 4,221,258 4,212,477 4,760,458 4,053,392 4,702,934 (57,524) 4,817,222 2.43% Property taxes - sanitation 1,788,871 1,805,752 1,570,152 1,337,308 1,551,171 {18,981) 1,589,076 2.44% Property taxes - pass-through from LDFA II 270,337 157,632 0.00% Industrial facilities taxes 388,718 446,557 364,327 330,879 364,327 357,027 -2.00% Payments in lieu of taxes 73,191 70,085 80,000 80,000 80,000 0.00% Delinguent chargeback collected 30,056 11,886 15,000 6,931 15,000 15,000 0.00% $ 13,465,040 $ 13,246,744 $ 13,239,937 $ 9,077,770 $ 13,213,432 $ {26,505} $ 13.408,325 1.~7% Licenses and permits Business licenses $ 31,525 $ 28,455 $ 34,500 $ 24,930 $ 34,500 $ $ 34,500 0.00% Liquor licenses 35,542 36,427 37,500 7,449 37,500 37,500 0.00% (;,.;) Cable TV franchise fees 258,425 265,532 270,000 265,000 (5,000) 260,000 -1.89% Telecom franchise fees (Act 48) 32,024 140,000 (140,000) 0.00% Rental property registration 4,905 5,000 9,964 10,000 5,000 10,000 0.00% Property Maintenance Inspection Fees 64,565 91,360 75,000 23,490 65,000 (10,000) 75,000 15.38% Burial permits 103,636 103,564 110,000 38,975 110,000 110,000 0.00% Building permits 365,561 275,642 300,000 184,641 300,000 300,000 0.00% Electrical permits 87,788 125,718 135,000 51,071 135,000 135,000 0.00% Plumbing permits 66,741 50,030 60,000 19,357 60,000 60,000 0.00% Mechanical permits 56,222 94,013 100,000 24,328 80,000 (20,000) 100,000 25.00% Police gun registration 1,230 1,110 1,000 {1,000) 1,000 0.00% $ 1,071,235 $ 1,108,780 $ 1,268,000 $ 384,205 $ 1,097,000 $ (171,000) $ 1,123,000 2.37% Federal grants Federal oeerational grant $ 278,308 $ 211,597 $ 100,087 $ 25,829 $ 100,087 $ $ 100,087 0.00% $ 278,308 $ 211,597 $ 100,087 $ 25,829 $ 100,087 $ $ 100,087 0.00% State grants Act 302 police training grant $ $ 17,148 $ 17,000 $ $ 17,000 $ $ 17,000 0.00% State oeerational grant 11,316 6,117 10,000 12.855 15,000 5,000 10,000 -33.33% $ 11,316 $ 23,265 $ 27,000 $ 12,855 $ 32,000 $ 5,000 $ 27,000 -15.63% State shared revenue State sales tax $ 5,353,987 $ 4,938.861 $ 5,000.000 $ 509.066 $ 4.701.744 $ (298.256) $ 4.688.657 -0.28¾ $ 5,353,987 $ 4,938,861 $ 5,000,000 $ 509,066 $ 4,701,744 $ {298,256} $ 4,688,657 -0.28% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Revenue Summary By Source % Change Original Budget Actual Through Revised Estimate Change From Original Budget From 2004 Actual 2002 Actual 2003 Estimate 2004 May 2004 2004 2004 Original Estimate 2005 Revised Other charges for sales and services Tax administration fees $ 258,323 $ 264,949 $ 233,000 $ 197,743 $ 229,150 $ (3,850) $ 233,748 2.01% Utility adm'1nistration fees 174,965 183,439 183,439 76,433 183,439 183,439 0.00% Reimbursement for elections 24.455 30,648 13,000 292 13,000 13,000 0.00% Indirect cost reimbursement 892,080 974,894 1,012,708 421,962 1,012,708 1,035,617 2.26% Site+plan review fee 1,086 780 1,000 600 1.000 1.000 0.00% Sale of cemetery lots 14,988 18,233 20,000 9,780 20,000 20,000 0.00% Sale of columbarium niches 0.00% Police miscellaneous 74,044 83,060 65,000 19J84 65,000 65,000 0.00% Police impound fees 51,225 65,010 40,000 13,505 40,000 40,000 0.00% Landlord's alert fee 2,630 315 40 100 100 -100.00% Fire protection-stale property 42,052 45,965 42,ooo 42,000 42,000 0.00% Zoning fees 13,955 11,880 13,000 6,000 13,000 13,000 0.00% Clerk fees 2,738 2,022 4,035 1,699 4,035 4,035 0.00% Clerk - passport fees 1,735 2,500 1,440 2,500 2,500 0.00% .,. Tax abatement application fees Treasurer fees 1,423 40,635 16,020 20,702 6,000 33,000 193 11,821 6,000 33,000 6,000 33,000 0.00% 0.00% False alarm fees 17,738 11,429 20,000 440 12,000 (8,000) 20,000 66.67% Miscellaneous cemetery income 25,569 21,763 24,000 5,737 24,000 24,000 0.00% Senior transit program fees 7,376 6,651 ·8,000 2,565 8,000 8,000 0.00% Township electrical seNices 11,410 13,608 13,608 13,608 -100.00% Fire miscellaneous 3,858 13,297 5,000 9,277 10,000 5,000 5,000 -50.00% Sanitation stickers 51,081 49,856 55,000 17,839 55,000 55,000 0.00% Lot cleanup fees 134,156 91,709 70,000 (1,988) 70,000 70,000 0.00% Reimbursements for mowing and demolitions 129.421 158,315 70,000 26,793 70,000 70,000 0.00% Special events reimbursements 30,610 584 65,000 65,000 75,000 15.38% Recreation erogram fees 127,558 116,174 125,101 68,959 125.101 125,101 0.00% $ 2,091,356 $ 2,230,866 $ 2,045,783 $ 905,106 $ 2,117,641 $ 71,858 $ 2,144,440 1.27% Interest and rental income Interest $ 181,931 $ 48,505 $ 70,000 $ 21,392 $ 70,000 $ $ 70,000 0.00% Flea market 27,526 31,867 28,000 1,270 28,000 28,000 0.00% Farmers market 27,783 29,880 28,000 2,112 28,000 28,000 0.00% City right of way rental 6,400 4,400 4,400 4,400 4,400 4,400 0.00% Parking rentals 24,991 6,017 5,000 1,612 5,000 5,000 0.00% McGraft park rentals 37,697 41,338 46,288 4,032 46,288 46,288 0.00% Other earl< rentals 26,232 27,400 28,365 13,112 28,365 28,365 0.00% _$_ _ 332,560 $ 189,407 $ 210.053 $ 47,930 $ 210.053 $ $ 210,053 ______QRQ% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Revenue Summary By Source % Change Original Budget Actual Through Revised Estimate Change From Original Budget From 2004 Actual 2002 Actual 2003 Estimate 2004 May 2004 2004 2004 Original Estimate 2005 Revised Fines and fees Income tax - penalty and interest $ 166,621 $ 194,562 $ 150,000 $ 83,518 $ 175,000 $ 25,000 $ 175,000 0.00% Late fees on current taxes 18,006 52,791 25,000 25,000 25,000 0.00% Interest on late invoices 589 549 750 136 750 750 0.00% Parking fines 61,957 71,698 100,000 49,614 100,000 100,000 0.00% Court fines 146,141 152,082 160,000 49.174 160,000 160,000 0.00% $ 393,314 $ 471,682 $ 435,750 $ 182.442 $ 460,750 $ 25,000 $ 460,750 0.00% Other revenue Sale of land and assets $ $ $ 1,000 $ 1,044 $ 1,500 $ 500 $ 1,000 -33.33% Police sale and auction proceeds 3,089 1,139 4,000 4,000 4,000 0.00% CDBG program reimbursements 372,492 234,073 267,000 88,739 216,000 (51,000) 350,000 62.04% Contributions 31,619 35,461 11,000 8,015 11,000 11,000 0.00% Contributions - Veteran's Park Maintenance 14,232 17,250 17,250 17,250 0.00% Muskegon County Community Foundation 13,521 33,000 7,000 7,000 7,000 0.00% Miscellaneous reimbursements 1,000 1,000 1,000 0.00% '-" Miscellaneous and sundry 18,341 13,289 15.000 8,319 15,000 15,000 0.00% L 439,062 $ 331,194 $ 323,250 $ 106,117 $ 272,750 $ {50,500) $ 406,250 48.95% Other financing sources Operating transfers in Cemetery Perpetual Care $ 56,961 $ 61,360 $ 70,000 $ 18,205 $ 70,000 $ $ 70,000 0.00% Criminal Forfeitures Fund 10,000 10,000 10,000 0.00% Police Training Fund 22.281 0.00% DDA for Administration 10,000 10,000 10,000 4,167 10,000 10,000 0.00% Reese P!ayfield Fund 76,746 0.00% RLF for Administration 5,000 5,000 5,000 2,083 5,000 5,000 0.00% Budget Stabilization Fund 500,000 500,000 500,000 500,000 0.00% Special Assessment Fund 0.00% Hackley Park Improvement Fund 0.00% Hackle Park Memorial Fund 9,997 0.00% $ 180,985 $ 576,360 $ 595,000 $ 24,455 $ 595,000 $ $ 595,000 0.00% Total general fund revenues and other sources $ 23,617,163 $ 23,328,756 $ 23,244,860 $ 11,275,775 $ 22,800,457 $ (444,403) $ 23,163,562 1.59% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through %of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May 2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised I. Customer Value Added Activities 40301 Police Department 5100 Salaries & Benefits $ 5,848,623 $ 6,068,410 $ 6,834,819 $ 2,496,468 38% $ 6,554,819 $ (280,000) $ 7,021,881 7.13% 5200 Operating Supplies 148,091 100,795 147,961 35,344 24% 147,961 147,961 0.00% 5300 Contractual Services 981,682 907,969 920,000 399,934 43% 920,000 920,000 0.00% 5400 Other Expenses 73,558 15,774 40,000 11,895 30% 40,000 40,000 0.00% 5700 Capital Outlays 125,512 30,581 15,000 2,032 14% 15,000 15,000 0.00% 5900 Other Financing Uses N/A 0.00% $ 7,177,466 $ 7,123,529 $ 7,957,780 $ 2,945,673 38% $ 7,677,780 $ {280,000! $ 8,144,842 6.08% $ 7,177.466 $ 7,123,529 $ 7,957,780 $ 2,945,673 38% $ 7,677,780 $ (280,000} $ 8,144,842 6.08% 50336 Fire Department 5100 Salaries & Benefits $ 2,964,455 $ 3,037,824 $ 3,155,178 $ 1,223,929 40% $ 3,090,178 $ (65,000) $ 3,203,299 3.66% CT> 5200 Operating Supplies 105,122 95,604 79,500 30,122 38% 79,500 79,500 0.00% 5300 Contractual Services 165,970 187,853 180,000 122,634 60% 205,000 25,000 180,000 -12.20% 5400 Other Expenses 20,731 12,378 10,000 1,265 13% 10,000 10,000 0.00% 5700 Capital Outlays 57,570 98.132 15,000 32,218 81% 40,000 25,000 15,000 -62.50% 5900 01her Financin Uses NIA 0.00% $ 3,313,848 $ 3,431.791 $ 3,439,678 $ 1.410,168 41% $ 3,424,678 $ {15,000} $ 3,487,799 1.1}4% 50387 Fire Safety Inspections 5100 Salaries & Benefits $ 693,916 $ 761,792 $ 785,804 321,200 $ 41% $ 785,804 $ $ 815,908 3.83% 5200 Operating Supplies 22,393 18,780 24,000 13,207 55% 24,000 24,000 0.00% 5300 Contractual Services 266,610 1,52,279 244,330 82,479 34% 244,330 244,330 0.00% 5400 Other Expenses 11,903 11,094 7,500 4,760 63% 7,500 7,500 0.00% 5700 Capital Outlays 11,536 3,616 3,000 850 28% 3,000 3,000 0.00% 5900 Other Financln Uses N/A 0.00% $ 1,006,358 $ 947,561 $ 1,064,634 $ 422,496 40% $ 1,064,634 $ $ 1,094,738 2.83% $ 4,320,206 $ 4,379,352 $ 4,504,312 $ 1,832,664 41% $ 4.489,312 $ (15,000) $ 4,582,537 2.08'"/o 60523 General Sanitation 5100 Salaries & Benefits $ 67,465 $ 75,757 $ 75,333 $ 27,055 36% $ 75,333 $ $ 75,157 -0.23% 5200 Operating Supplies 344 109 141 94% 150 150 -100.00% 5300 Contractual Services 1,406,612 1,491,309 1,444,802 479,445 33% 1,444,652 (150) 1,444,802 0.01% 5400 Other Expenses 794 65 N/A 0.00% 5700 Capital Outlays 44,725 4'!,399 NIA 0.00% 5900 Other Financin Uses N/A 0.00% }_1,519,940 $ 1,608,639 $ 1,520,135 $ 506,641. 33% L 1,s20,13s _$ $ 1,519,959 -0.01% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised 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 53,184 32% 165,000 24,821 140,179 -15.04% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays 3,250 NIA 0.00% 5900 Other Financing Uses N/A 0.00% $ 218,067 $ 233,308 $ 140,179 $ 53,184 32% $ 165,000 $ 24,821 $ 140, 1_79 -15,04% 60550 Stormwater Management 5100 Salaries & Benefits $ 7,372 $ 3,835 $ $ 2,070 52% $ 4,000 $ 4,000 $ -100.00% 5200 Operating Supplies 501 N/A 0.00% 5300 Contractual Services 16,352 2,569 15,429 7,568 66% 11,429 (4,000) 15,429 35.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financing Uses N/A 0.00% $ 23,724 $ 6,905 $ 15,429 $ 9,638 62% $ 15,429 $ $ 15,429 0.00% -.J 60448 Streetlighting 5100 Salaries & Benefits $ 12,983 $ 842 $ $ NIA $ $ $ 0.00% 5200 Operating Supplies NIA 0.00% 5300 Contractual Services 505,079 504,832 515,000 210,715 41% 515,000 515,000 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays 4,350 3,850 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 522,412 $ 509,524 $ 515,000 $ 210,715 41% $ 515,000 $ $ 515,009 0.00% 60707 Senior Citizen Transit 5100 Salaries & Benefits $ 44,863 $ 38,746 $ 50,968 $ 14,661 35% $ 42,000 $ (8,968) $ 51,847 23.45% 5200 Operating Supplies N/A 0.00% 5300 Contractual Services 10,140 10,140 10,140 4,290 42% 10,140 10,140 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 55,003 $ 48,886 $ 61,108 $ 18,951 36% $ 52,140 $ {8,968) $ 61,987 18.89% 60446 Community Event Support 5100 Salaries & Benefits s 31,192 $ 34,581 $ $ 12,060 30% $ 40,000 $ 40,000 $ ·100.00% 5200 Operating Supplies 1,524 2,949 2,520 25% 10,000 10,000 ·100.00% 5300 Contractual Services 11,004 17,574 15,429 680 4% 15,429 15,429 0.00% 5400 Other Expenses N/A 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financing Uses NIA 0.00% $ 43,720 $ 55,104 $ 15,429 $ 15,260 23% $ 65,429 $ 50,000 $ 15.429 •76.42% ~ - 2,382,866 $ 2.462,366 $ 2,267,280 $ 814,389 35% $ 2,333,133 $ 6~,853 $ 2,267,983 City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget • General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through %of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised 70751 Parks Maintenance 5100 Salaries & Benefits $ 476,360 $ 478,197 $ 529,253 $ 170,995 35% $ 495,253 $ (34,000) $ 492,577 -0.54% 5200 Operating Supplies 150,285 140,573 112,695 26,578 24% 112,695 112,695 0.00% 5300 Contractual Services 601,199 586.465 534,700 210,644 39% 534,700 534,700 0.00% 5400 Other Expenses 2,548 168 41 41% 100 100 -100,00% 5700 Capital Outlays 152,224 85,387 53,500 6,247 12% 53,500 53,500 0.00% 59Q_O Other Financing Uses NIA 0.00% $ 1,382,616 $ 1,290,790 $ 1,230,148 $ 414,505 35"/o $ 1,196,248 $ (33,900} $ 1,193,472 ----=9..:?;3% 70757 Mc Graft Park Maintenance 5100 Salaries & Benefits $ 6,059 $ 8,765 $ 16,364 $ 2,220 14% $ 16,364 $ $ 16,884 3.18% 5200 Operating Supplies 4,135 5,306 4,500 226 5% 4,500 4,500 0.00% 5300 contractual Services 30,762 30,830 25,424. 13,728 54% 25,424 25,424 0.00% 5400 Other Expenses 56 NIA 0.00"/o 5700 Capital Outlays 39 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 41,012 $ 44,940 $ 46,288 $ 16,174 35% $ 46,288 $ $ 46,808 1.12% 70775 General & Inner City Recreation 5100 Salaries & Benefits $ 281,055 $ 290,235 $ 245,139 $ 49,949 20% $ 245,139 $ $ 260,333 6.20% 0:, 5200 Operating Supplies 58,590 41,843 45,246 18,710 41% 45,246 45,246 0.00% 5300 Contractual Services 137,912 123,619 100,598 27,269 27% 100,498 (100) 100,598 0.10% 5400 Other Expenses 10,375 6,967 2,720 621 23% 2,720 2,720 0.00% 5700 Capital Outlays 2,127 32 32% 100 100 -100.00% 5900 Other Financin Uses NIA 0.00% $ 487,932 $ 464,791 $ 393,703 $ 96,581 25% $ 393,703 $ $ 408,897 3.86% 70276 Cemeteries Maintenance 5100 Salaries & Benefits $ 188,401 $ 205,975 $ 214,962 $ 88,551 46% $ 190,962 $ (24,000) $ 165,823 -13.16% 5200 Operating Supplies 22,607 10,846 14,087 3,775 27% 14,087 14,087 0.00% 5300 Contractual Services 258,681 251,300 229,250 · 52,264 23% 229,050 (200) 229,250 0.09% 5400 Other Expenses 1,121 751 138 69% 200 200 -100.00% 5700 Capital Outlays 14,626 41,908 21,000 945 5% 21,000 21,000 0.00% 5900 O_!tler FinancLf'!.9 Uses NIA 0.00% $ 485,436 $ 510,780 $ 479,299 $ 145,673 32% $ 455,299 $ (24,000) $ 430,160 -5.52% 70585 Parking Operations 5100 Salaries & Benefits $ 14,831 $ 18,010 $ $ 1,555 62% $ 2,500 $ 2,500 $ ·100.00% 5200 Operating Supplies 1,032 1,738 3,000 18 4% 500 (2,500) 3,000 500,00% 5300 Contractual Services 40,972 235,608 20,144 19,761 53% 37,000 16,856 20,144 -45.56% 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 $ 21,334 53% $ 40,000 $ 16,856 $ 23,144 -42.14% 70771 Forestry 5100 Salaries & Benefits $ 84,297 $ 103,509 $ 59,121 $ 28,196 48% $ 59,121 $ $ 61,396 3,85% 5200 Operating Supplies 6,024 8,075 8,360 -1,639 20% 8,360 8,360 0.00% 5300 Contractual Services 13,864 21,692 17,000 6,144 36% 17,000 17,000 0.00% 5400 Other Expenses 394 940 800 408 51% 800 800 0.00% 5700 Capital Outlays 2,844 2,458 3,500 15 0% 3,500 3,500 0.00% 590Q_ _Other Financing Use~ NIA 0.00% $ 107,423_$_ _136,674 ·~- 88,781 $ 36,402 41% $ 88,781 $ $ 91,056 2.56% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through %of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised 70863 Farmers· Market & Flea Market 5100 Salaries & Benefits $ 29,241 $ 30,792 $ 35,285 $ 8,786 25% $ 35,285 $ $ 35,667 1.08'% 5200 Operating Supplies 1,644 465 NIA 0.00% 5300 Contractual Services 14,292 14.462 4,832 2,922 60% 4,832 4,832 0.00% 5400 Other Expenses NIA 5700 0.00% Capital Outlays 225 NIA 0.00% 5900 _Qther Financing _Uses NIA 0.00% $ 45,177 $ 45,944 $ 40,117 $ 11,708 29% $ 40,117 $ $ 40,499 0.95% $ 2,610,934 $ 2,749,275 $ 2,301,480 $ 742,377 33% $ 2,260,436 $ (41,044} $ 2,234,036 -1.17% 80387 Environmental Services 5100 5200 5300 Salaries & Benefits Operating Supplies Contractual Services • 173,926 12,389 • 181,136 7,859 $ 194,392 9,000 • 59,765 2,161 51% $ 24% 116,892 9,000 $ (77,500) $ 106,450 9,000 -8.93% 0.00% 300,582 281,831 200,300 52,222 26% 200,300 200,300 0.00% 5400 Other Expenses 1,505 189 NIA 0.00% (D 5700 Capital Outlays 16,123 3,396 3,000 0% 3,000 3,000 0.00% 5900 Other Financin Uses NIA 0.00% • $ 504,525 504,525 • $ 474.411 474.411 $ $ 406,692 406,692 $ $ 114,148 114,148 35% $ 35% $ 329,192 329,192 $ $ (77,500~ $ {77,500} $ 318,750 318,750 -3.1?% 10875 Other - Contributions to Outside Agencies Muskegon Area Transit (MATS) $ 80,163 $ 80,163 $ 80,500 $ 40,082 50% $ 80,500 $ 80,500 0.00% Neighborhood Association Grants 35,975 29,308 24,000 24,776 99% 25,000 1,000 24,000 -4.00% Muskegon Area First 46,066 42,000 20,000 5,000 25% 20,000 20,000 0.00% Veterans Memorial Day Costs 8,070 7,898 8,000 0% 8,000 8,000 0.00% WMSROC - Muskegon Area Plan (MAP) 6,151 NIA 0.00% Institute for Healing Racism 4,000 3,000 1,000 1,000 100% 1,000 1,000 0.00% MLK Diversity Program 1,000 1,000 0% 1,000 1,000 0.00% Muskegon Area Labor Management (MALMC) 1,000 1,000 1,000 0% 1,000 1,000 0.00'% Sister Cities' Youth Travel NIA 0.00% Muskegon County and Humane Society - Feral Cat Control 14,157 17,890 16,000 5,975 37% 16,000 16,000 0.00% Other NIA 0.00% Q_ontributions Tq9utside Agencies $ 195,582 $ 182,259 $ 151,500 $ 76,833 50% $ 152,500 1,000 $ $ 151,500 -0.66% $ 195,582 $ 182,259 $ 151,500 $ 76,833 50% $ 152,500 $ 1,000 $ 151,500 -0.66% Total Customer Value Added Activities $ 17,191,579 $ 17,371,192 $ 17,589,044 $ . 6,546,084 38% $ 17,242,353 $ (346,691) $ 17,699,648 2.65% As a Percent of Total General Fund Expenditures 71.7% 73.3% 74.4% 74.2% 74.5% 75.2% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget. General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May 2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised II. Business Value Added Activities 10101 City Commission 5100 Salaries & Benefits $ 60,555 $ 59,698 $ 62,255 $ 24,787 40% $ 62,255 $ $ 62,733 0.77% 5200 Operating Supplies 12,538 9,367 15,000- 11,578 77% 15,000 15,000 0.00% 5300 Contractual Services 48,510 28,258 18,323 416 2% 18,323 18,323 0.00% 5400 Other Expenses 9.758 6,126 7,500 612 8% 7,500 7,500 0.00% 5700 Capital Outlays 528 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 131,889 $ 103,449 $ 103,078 $ 37,393 36% $ 103,078 $ $ 103,556 Q.46% 10102 City Promotions & Public Relations 5100 Salaries & Benefits $ $ $ $ NIA $ $ $ 0.00% 5200 Operating Supplies 2,643 4,000 89 2% 4,000 4,000 0.00% 5300 Contractual Services 26.499 27,909 21,102 1,814 9% 21,002 (100) 21,102 0.48'% 5400 Other Expenses 8 100 100% 100 100 -100.00% 5700 Capital Outlays NIA 0.00% ~ 5900 Other Financing Uses NIA 0 0.00% $ 26,507 $ -30,552 $ 25,102 $ 2,003 8% $ 25,102 $ $ 25,102 0.00% 10172 City Manager 5100 Salaries & Benefits $ 173,154 $ 182,226 $ 199,094 $ 80,306 40% $ 199,094 $ $ 198,833 -0.13% 5200 Operating Supplies 1,683 1,846 2,750. 186 7% 2,750 2,750 0.00% 5300 Contractual Services 2,563 2,609 3,250 776 24% 3,250 3,250 0.00% 5400 Other Expenses 3,037 1,646 2,500 519 21% 2,500 2,500 0.00% 5700 Capital Outlays 102 500 0% 500 500 0.00% 5900 Other Financin Uses NIA 0.00% $ 180,539 $ 188,327 $ 208,094 $ 81,787 39% $ 208,094 $ $ 207,833 -0.13_% 10145 City Attorney 5100 Salaries & Benefits $ $ $ $ N/A $ $ $ 0.00% 5200 Operating Supplies 869 869 1,000 819 82% 1,000 1,000 0.00% 5300 Contractual Services 449,721 383,732 389,121 205,433 53% 389,121 389.121 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 450,590 $ 384,601 $ 390,121 $ 206,252 53°/o $ 390,121 $ $ 390,121 0.00% $ 789,525 $ 706.929 $ 726.395 $ 327.435 45% $ 726,395 $ $ 726.612 0.03% 20173 Administration 5100 Salaries & Benefits $ 129,504 $ 133,545 $ 142,271 $ 60,829 43% $ 142,271 $ $ 149,519 5.09% 5200 Operating Supplies 2,050 1,437 2,000 218 11% 2,000 2,000 0.00% 5300 Contractual Services 16,255 6,012 20,721 5,160 25% 20,721 20,721 0.00% 5400 Other Expenses 5,415 2,703 2,000 65 3% 2,000 2,000 0.00% 5700 Capital Outlays 73 2,013 1,000 0% 1,000 1,000 0.00% 5900 Other Finan_fing _Uses NIA 0.00% _L 153,297 $ 145,710 $ 167,992 $ 66,272 39% $ 167,992 $ $ 175,240 4.31% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget • General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May 2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised 20228 Affirmative Action 5100 Salaries & Benefits $ 84,810 $ 93,074 $ 73,370 $ 29,984 41% $ 73,370 $ 78,527 $ 7.03% 5200 Operating Supplies 757 528 3,561 147 4% 3,561 3,561 0.00% 5300 Contractual Services 1,356 1,553 3,561 367 10% 3,561 3,561 0.00% 5400 Other Expenses 4,187 1,572 3,562 145 4% 3,562 3,562 0.00% 5700 Capital Outlays 723 977 NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 91,833 $ 97,704 $ 84,054 $ 30,643 36% $ 84,054 $ $ 89,211 6.14% 20744 Julia Hackley Internships 5100 Salaries & Benefits $ 8,885 $ 7,837 $ 7,736 $ 0% $ 7,736 $ $ 7,636 -1.29% 5200 Operating Supplies NIA 0.00°/o 5300 Contractual Services NIA 0.00% 5400 Other Expenses NIA 0.00% 5700 Capital Outlays NIA 0.00% 5900 Other Financin Uses NIA 0.00% $ 8,885 $ 7,837 $ 7,736 $ 0% $ 7,736 $ $ 7,636 -1.29% 20215 City Clerk & Elections 5100 Salaries & Benefits $ 234,459 $ 237,090 $ 249,985 $ 87,294 35% $ 249,985 $ $ 268,153 7.27% 5200 Operating Supplies 45,977 "33,167 18,000 4,938 27% 18,000 18,000 0.00% ~ 5300 Contractual Services 62,596 42,598 32,000 14,578 48% 30,300 (1,700) 32,000 5.61% ~ 5400 Other Expenses 5,437 5,156 2,000 1,644 82% 2,000 2,000 0.00% 5700 Capital Outlays 5,813 1,910 2,000. 3,516 95% 3,700 1,700 2,000 -45.95% 5900 Other Financing Uses NIA 0.00% $ 354,282 $ 319,921 $ 303,985 $ 111,970 37% $ 303,985 $ $ 322,153 5.98% 20220 Civil Service 5100 Salaries & Benefits $ 160,513 $ 176,851 $ 130,763 $ 53,803 41% $ 130,763 $ $ 137,361 5.05% 5200 Operating Supplies 15,396 10,642 11,100 2,855 26% 11,100 11,100 0.00% 5300 Contractual Services 22.138 19,767 22,000 2,889 13% 22,000 22,000 0.00% 5400 Other Expenses 9,108 7,534 5,000 375 8% 5,000 5,000 0.00% 5700 Capital Outlays 1,129 1,000 277 28% 1,000 1,000 0.00% 5900 Other Financing 1!_$!;!S NIA 0.00% $ 208,284 $ 214,794 $ 169,863 $ 60,199 35% $ 169,863 $ $ 176,461 3.88% $ 816,581 $ 785,966 $ 733,630 $ 269,084 37% $ 733,630 $ $ 770,701 5.05% 30202 Finance Administration 5100 Salaries & Benefits $ 280,785 $ 297,906 $ 316,031 $ 133,238 42% $ 318,031 $ $ 331,032 4.09% 5200 Operating Supplies 6,663 7,010 6,250 .2,284 37% 6,250 6,250 0.00% 5300 Contractual Services 115.025 87,221 82,000 46,464 57% 82,000 82,000 0.00% 5400 Other Expenses 3,935 156 500 12 2% 500 500 0.00% 5700 Capital Outlays 4,730 3,784 NIA 0.00% 5900 Qther Financing Uses NIA 0.00% $ 411,138 $ 396,077 $ 406,781 $ 181,998 45% $ 406,781 $ $ 419,782 3,?0% 30209 Assessing Services 5100 Salaries & Benefits $ 6,093 $ 6,199 $ 6.437 $ 5,431 84% $ 6,437 $ $ 6,361 -1.18% 5200 Operating Supplies NIA 0.00% 5300 Contractual Services 390,926 394,707 400,000 100,624 25% 400,000 400,000 0.00% 5400 Other Expenses 60 80 100 0% 100 100 0.00% 5700 Capital Outlays NIA 0.00°/o 5900 Other Finan~i~.9 Uses NIA 0.00% $ 397,079 $ 400,986 $ 406,537 $ 106,055 26% _$__ 406,537 $ $ 406,461 -0.02% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised 30205 Income Tax Administration 5100 Salaries & Benefits $ 194,487 $ 229,175 $ 256,096 $ 105,661 41% $ 256,096 $ $ 269,446 5.21% 5200 Operating Supplies 21,941 20,667 18,250 10,649 58% 18,250 18,250 0.00% 5300 Contractual Services 49,928 46,251 39,278' 12,078 31% 39,278 39,278 0.00% 5400 Other Expenses 1,410 642 300 99 33% 300 300 0.00% 5700 Capital Outlays 5,807 1,437 1,000 123 12% 1,000 1,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 273,573 $ 298,172 $ 314,924 $ 128,610 41% $ 314,924 $ $ 328.274 4.g4% 30253 City Treasurer 5100 Salaries & Benefits $ 272,839 $ 290,796 $ 283,261 $ 110,239 39% $ 283,261 $ $ 292,797 3.37% 5200 Operating Supplies 32,865 33,750 32,012 8,505 27% 32,012 32,012 0.00% 5300 Contractual Services 43.750 65,831 36,400 25,219 69% 36,400 36,400 0.00% 5400 Other Expenses 2,933 545 1,500 254 17% 1,500 1,500 0.00% 5700 Capital Outlays 12,653 2,652 4,000 0% 4,000 4,000 0.00% 5900 Other Financin Uses NIA 0.00%, $ 365,040 $ 393,574 $ 357,173 $ 144,217 40% $ 357,173 $ $ 366,709 2.67% 30248 Information Systems Administration 5100 Salaries & Benefits $ 235,640 $ 260,209 $ 284,985 $ 119,492 42% $ 284,985 $ $ 298,400 4.71% 5200 Operating Supplies 2,345 1,361 4,700 771 16% 4,700 4,700 0.00% ~ 5300 Contractual Services 66,905 44,653 54,095 · 5,092 9% 54,095 54,095 0.00% rv 5400 Other Expenses 8,049 7,619 4,500 0% 4,500 4,500 0.00% 5700 Capital Outlays 37,893 43,907 27,830 3,507 13% 27,830 27,830 0.00% 5900 Oth~r Financing Uses NIA 0.00% $ 350,832 $ 357,749 $ 376,110 $ 128,862 34% $ 376.110 $ $ 389,525 3.57% $ 1,797,662 $ 1,846,558 $ 1,861,525 $ 689,742 37% $ 1,861,525 $ $ 1,910,751 2.64% 60265 City Hall Maintenance 5100 Salaries & Benefits $ 66,138 $ 67,355 $ 59,345 $ 26,203 44% $ 59,345 $ $ 61,611 3.82% 5200 Operating Supplies 15,693 12,925 13,000 4,248 33% 13,000 13,000 0.00% 5300 Contractual Services 203,498 188,186 180,000 63,865 35% 180,000 180,000 0.00%, 5400 Other Expenses 500 5 1% 500 500 0.00% 5700 Capital Outlays 12,500 409 12,500 1,229 10% 12,500 12,500 0.00% 5900 0th~ Financing Uses NIA 0.00% $ 297,829 $ 268,875 $ 265,345 $ 95,550 36% $ 265,345 $ $ 267,611 0.85% $ 297,829 $ 268,875 $ 265,345 $ 95,550 36% $ 265,345 $ $ 267,611 0.85% 80400 Planning, Zoning and Economic Development 5100 Salaries & Benefits $ 393,435 $ 424,969 $ 420,398 $ 138,590 38% $ 363,398 $ (57,000) $ 348,898 ·3.99% 5200 Operating Supplies 12,765 14,518 14,000 3,557 25% 14,000 14,000 0.00% 5300 Contractual Services 44,078 67,030 51,500 17,698 34% 51,500 51,500 0.00% 5400 Other Expenses 10,293 4,278 2,000 828 41% 2,000 2,000 0.00% 5700 Capital Outlays 6,239 1,891 2,000 1,343 67% 2,000 2,000 0.00% 5900 Other Financing Uses NIA 0.00% $ 466,810 $ 512,686 $ 489,898 $ 162,016 37% $ 432,898 $ \57,000) $ 418,398 -3.35% $ 466,810 $ 512,686 $ 489.898 $ 162,016 37% $ 432,898 $ (57,000} $ 418,398 .J.35% Total Business Value Added Activities $ 4,168,407 $ 4,121,014 $ 4,076,793 $ 1,543,827 38% $ 4,019,793 $ (57,000) $ 4,094,073 1.85% As a Percent of Total General Fund Exp~nditures 17.4o/o 17.4% 17.3% 17.5% 17.4% 17.4% City of Muskegon Quarterly Budget Reforecast and 2005 Proposed Budget - General Fund General Fund Expenditure Summary By Function Actual As % Change Original Budget Actual Through % of Revised Change From Original Budget From 2003 Actual 2002 Actual 2003 Estimate 2004 May 2004 Revised Estimate 2004 2004 Original Estimate 2005 Revised II. Fixed Budget Items 30999 Transfers To Other Funds Major Street Fund $ 100,000 $ $ $ N/A $ $ $ 0.00% Local Street Fund 850,000 870,000 620,000 258,333 54% 480,000 (140,000) 480,000 0.00% Budget Stabilization Fund NIA 0.00% L.C. Walker Arena Fund (Operating Subsidy) 271,837 210,000 200,000 83,333 42% 200,000 200,000 0.00% Public Improvement Fund (Fire Equipment Reserve) 150,000 150,000 150,000 62,500 42% 150,000 150,000 0.00% State Grants Fund (Grant Matches) 105,000 10,856 NIA 0.00% MOD State Rehab loan Fund NIA 0.00% TIFA Debt Service Fund NIA 0.00% Tree Rep!a.f~ment NIA 0.00% $ 1,476,837 $ 1,240,856 $ 970,000 $ 404,167 49% $ 830,000 $ {140,000) $ 830.000 0.00% ~ w 30851 General Insurance $ 281,887 $ 335,805 $ 379,061 $ 317,420 98% $ 325,000 $ (54,061) $ 349,375 7.50% 30906 Debt Retirement 216,860 217,397 216,816 2,669 1% 216,816 153,000 -29.43% 10891 Contingency and Bad Debt Expense 495,550 133,760 400,000 0% 500,000 100,000 400,000 -20.00% 90000 Major Capital Improvements 140,414 285,310 5,910 59% 10,000 10,000 -100.00% Total Fixed-Budget Items $ 2,611,548 $ 2,213,128 $ 1,965,877 $ 730,166 39'% $ 1,881,816 $ (84.061) $ 1,732,375 -7.94% As a Percent of Total General Fund Expenditures 10.9% 9.3% 8.3% 8.3% 8.1% 7.4% Total General Fund • 23,971,534 • 23,705,334 $ 23,631,714 • 8,800,077 38% $ 23,143,962 $ (487,752) $ 23,526,096 1.65% 5100 5200 5300 Recap: Total General Fund By Expenditure Object Salaries & Benefits Operating Supplies Contractual Services $ 13,226,336 705,722 7,496,547 $ 13,805,336 (;~,690,645 --;·' 5,483,317 586,173 7,108,531 , 6,901,469 185,285 2,642,609 39% $ 14,190,677 31% 38% 601,622 7,008,835 $ (499,968) 7,650 107,36 fu . 6,871,783 4.42% -1.27% -1.96% 5400 Other Expenses 186,615 86,383 92,982 23,786 25% 93,382 0 92,982 -0.43% 5700 Capital Outlays 662,617 660,658 165,830 58,244 29% 202,630 6,800 165,830 -18.16% 5900 All Other Financin Uses 1,693,697 1,458,253 1,186,816 406,836 39% 1,046,816 140,000 983,000 -6.10% Total General Fund $ 23,971,534 $ 23,705,334 $ 23,631,714 • 800,077 38% $ 23,143,962 $ 23,526,096 1 .65°/0 71,-c s./,,,.-f,1) po n J.. /o/ S4/'7r,o Y ), c'ne :H/7 /J ,h :S ,{.,-,z t..~ ,;J. tJ ;;J !. //2.,-,..; , .,... .) 0.;J V ev-er, .,,,o,,,..:::~ /Jv, ✓hni 1 •. h. -;71-, ,IJ ,/ / d~ /2, /I(/)~,,- /2,,. ,Q / ; / , { ,'.-?t>:::. ..-.J. pe-11..i;o.AJ d1 J.rJ, City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual Through Actual As % Change Original Budget Revised Esl!mate Change From Original Budget Actual 2002 Actual 2003 o/oof From2D04 Comments Estimate 2004 May2004 2004 2004Ongmal Estimate 2005 Revised Revised 202 Major Streets and State Trunklines Fund Avai~blo Fund a,,r.,nca. BOY s ' 2,361,992 ' 1.622,095 ' 443.895 $ 1,413,112 1.413.112 ' 969,217 ' 718,988 Means of Financing Special assessments ' 324,200 $ 358,650 S 250,000 S 250,000 Federal grants 3,487,352 1,275,245 841,660 ' 876,354 ' 34,694 ' 250,000 841,660 0.00% .J,96% STP/TEOF GRANTS {HACKLEY. MCCRACKEN. SHERMAN PROJECTS) State grants 91,973 4,561.233 6,000,000 641,007 7,365,000 1,365,000 -100,00% SHORELINE DRIVE GRANTS State shared revenue 2,582,023 2,499,758 2,870.326 679,578 2,870,326 2,870,326 0.00% Interest income 95,702 169,533 50,000 86,621 110,000 60,D00 25,000 •77.27% Operating traosfers in 100.000 0.00% "'"~ 2,635,118 439,276 300.000 1,3!17 300,000 300,000 0.00% 9,316.36!1 ' 9,303,695 ' 10,311.986 ' 1,408,593 ' 11,771,680 ' 1,459,694 ' 4,286,986 -63.56% ,,,. ~ 60900 Operating Expenditures Salaries & Benefits s ' 5100 5200 Operating Supplies 608.476 194,808 ' 617.R57 165,364 ' 1.004.582 209,200 ' 316,795 92,632 32% "% ' 1,004,582 209,200 $ 980,766 209,200 -2.37% 0.00% 5300 Contractual Services 976,042 963.237 843,696 533,513 '3% 843,696 843,696 0.00% 5400 Other Expenses 6,082 5,351 4,000 1,265 32¾ 4,000 4,000 0.00% 5700 Capilal Outlay,; WA 0.00% 5900 Other Financing Uses 3,059.793 1,172,474 937,326 0% 937,326 951,256 1.49% DEBT SERVICE & TRANSFER TO LOCAL STREETS $300,000 IN 2003104 4,845,201 s ' 2,924,283 $ 2,998,804 ' 944,405 31¾ 2,998,804 ' ' 2,988,918 --033% 90000 Project Expenditures 5200 5300 Operating Supplies Con!raciual Services • 5,211,06.4 ' 6,588,395 ' 7,560.000 ' 1,122,535 NIA 12% ' 9,467,000 ' 1,907,000 s 2,000,000 0.00% -78.87% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5700 Capital Outlays NIA 0.00% 5,211,064 10,056,265 ' $ 6,588,395 9,512,678 S 7,560,000 10,558,804 ' 1,122,535 12% '7% ' 9,467,000 ' 1,907,000 's 2,000,000 •78.87% ' ' 2,066,940 ' 12,465,804 4,988,918 -59.98% Available Fund Balance· EOY ' 1,622,095 S 1,413,112 ' 197,077 ' 754,765 ' 718.988 S 521,911 ' 17,056 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget• Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Original Budget Actual 2002 Actual 2003 %of From 2004 Comments Estimate 2004 May2004 Revised "'"' 2004 Original Es~mate 2005 Revised 203 Local Streets Fund Available Fund B.alance. BOY $ 156,747 $ 9,701 $ 2,866 $ 145,643 $ 145,643 $ 142,777 $ 530,808 Means of Financing Special assessments $ 143,845 $ 240,782 $ 125,000 s $ 125,000 $ $ 125,000 0.00% Federal grants 0.00% State grants 1,366,771 0.00% Metro act fees 140,000 140,000 0.00% State shared reven1,1e 638,602 666,649 693,934 187,800 693,934 693,934 0.00% Interest income 14,516 15,133 1,000 12,920 1,000 1,000 0.00% Opera~ng transfers in 1,050,000 1,370,000 950,000 256,333 810,000 (140,000) 510,000 -37.04% GENERAL FUND TRANSFER, $300,000 TRANSFER FROM MAJOR ST. Other 270.000 '"' 1,847,769 $ "' 3,659.922 S 2,039,934 $ "' 459,671 $ 270.000 2.039,934 $ $ 270,000 1,739,934 0.00% -14.71% POSSIBLE CONTRIBUTION FROM MCC FOR TECH CENTER ROAO ~ = """' Operating Expenditures 5100 Salaries & Benefits $ 546,438 $ 486.434 $ 463,828 s 282,023 6'% $ 463,828 5200 Operatjng Supplies 115,491 129.511 93,500 39,041 '2% 93,500 $ ' 544,153 93,500 17.32% 0.00% S,00 Contractual Services 705,199 631,566 604.441 340,981 56% 604,441 604,441 0.00% 5400 Other Expenses 1.769 1,566 1,000 22' 22% 1,000 1.000 0.00% 5700 Capital Outlays WA 0.00% ssoo Other Financing Uses 124.113 64,169 N,A 0.00% 1,493,010 s 1.313.246 $ 1,162,769 $ 662.269 5>% $ 1,162,769 $ $ 1.243,094 6.91% 90000 Project Expenditures 5200 Operating Supplies $ 5300 Contractual Services 501,805 ' 2,210,734 ' 860,000 $ 126.377 WA 26% $ 492.000 $ (368,000) $ 500,000 0.00% 1.63% SEE "BUOGETEO CAPITAL IMPROVEMENTS" FOR DETAIL 501,805 $ 2.210,734 $ 880,000 $ (368,000) $ 1,994,815 $ 3,523,980 $ 2,022,769 $ 126.377 788.646 26% 48% ' $ 492.000 1,654,769 S $ 500,000 1,743,094 1,63% 5.34% Available Fund Balance - EOY $ 9,701 $ 145,643 $ 20,031 $ (183,332) $ 530,808 ' 510,777 $ 527,648 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Original Budget Actual 2002 Actual 2003 %of From2004 Comments Estimate 2004 May2004 Revised 2004 2004 Original Estimate 2005 Revised 254 LC. Walker Arena Fund Available Fund Balance. BOY ' 19,133 ' 34.476 ' 33.195 $ 37,589 ' 37,589 ' 4.394 ' (249,158) Means of Financing Special assessments State grants $ ' ' ' $ ' $ 0.00% 0.00% State shared revenue 0.00% Charges for services 623,382 597,288 625,000 329,945 625,000 625.000 0.00% Interest income 1,331 500 62 500 500 0.00% Opera~ng transfe!'S in - Genera! Fund 271,837 330,000 200.000 83,333 200.000 200,000 0.00% Operating transfers in - TlFA Fund 60,000 60.000 60,000 0,00% 3,066 ,,ooo Ottler "' 413,340 1,000 1,000 0.00% ~ (J') 895,590 ' 931,685 $ 886,500 ' ' 886,500 S ' 886,500 0.00% 70805 Operating Expenditures 12,394 5,676 Salaries & Beneflls ' 5100 $ 11,942 $ $ 13,247 $ '3% $ 13,247 $ 13.800 4.17% 5200 Operating Supplies NIA 0.00% 5300 Contractual Services 863,565 916.178 890,000 449,579 50% 900.000 10,000 910.000 1.11% 5400 Other Expenses NIA 0.00% 5700 Capital OuUays 4,740 WA 0.00% 5900 Other Financing Uses 928,572 903,247 455,255 "" 913,247 0.00% $ 880.247 ' $ ' 50% $ $ 10,000 $ 923,800 1.16% 90000 Projeel Expenditures ' ' WA 5200 Opera~ng Supplies 5300 Contractual Services $ ' 68,692 26% ' 260,000 $ 260.000 ' 000% -100.00% $ 68,692 26% $ • $ 260,000 $ 260,000 ' -100.00% $ 880,247 $ 928,572 903,247 $ 523,947 45% ' 1,173,247 ' 923,800 -21.26% Available Fund Balam:e • EOY • 34,476 ' 37.589 s 16,448 s (73,018) $ (249,158) S (265,606) $ (286,458) City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As %Change Original Budget Actual Through Revised Estimate Change From Original Budget Actual 2002 Actual 2003 %of From 2004 Comments Esbmate 2004 May2004 Revised '°"' 2004 Original Estimate 2005 Revised 403 Sidewalk lmerovement Fund Av.,,il.,,ble Fund Balance· BOY s (95.006) $ {55.002) S 1.094.083 s 1.032.893 $ 1,032,893 $ (61,190) $ 891,395 Msns of Financing Special assessments Federal grants $ 408,133 $ 345,052 $ 400,000 $ ' 400,000 ' ' 400,000 0.00% 0.00% State shared revenue O.OO'k Chaiges for services 0.00% Interest Income 54,434 66,211 10,000 39,644 25.000 15,000 10,000 -60.00% OperaUng transfera in 195,201 89,218 50,000 50,000 50.000 0.00% FROM STREET FUNDS FOR HANDICAP RAMPS oo~ 1,578,012 0.00% s -3.16% $ 657,768 S 2,078,493 460,000 ' 39,644 $ 475,000 ' 15,000 ' 460,000 ~ 30906 Operating Expenditures ----J WA 5100 SW<> Sala_ries & Benefits Operating Supplies ' ' ' $ WA ' ' $ 0.00% 0.00% 5300 Contractual Services 1.013 WA 0.00% ,,,, Other E:,;penses "'' WA 0.00% Capital Outlays """ 5900 Olher Financing Uses 245.122 291.956 466.496 116,916 N'A 25% 466,498 408,333 0.00% -12.47% DEBT SERVICE ON SIDEWALK ASSESSMENT BONDS s s $ 245,122 ' 292.969 466.498 119,616 2'% ' 466.498 $ ' 408.333 -12,47% 90000 Project Expenditures Opera~ng Supplies s ' ' ' 5200 $ $ N'A $ 0.00% 5300 Contractual Services 372,642 697,629 350,000 31,757 2'% 150,000 (200,000) -100.00% SEE ·au OGE TEO CAPITAL IMPROVEMENTS" fOR DETAIL 5400 Other E:,;penses WA 0.00% 5900 Other Financing Uses N'A 000% ' 372,642 ' 697,629 $ 350,000 $ 31,757 21% ' 150,000 ' (200,000) $ -100.00% $ 617,764 ' 990,598 $ 816.498 ' 151.373 2'% $ 616,498 $ 408,333 -33.77% Available Fund S.,ta~ • EOY $ {55,002) $ 1,032,893 $ 737,585 $ 921,154 s $ 691,395 153,610 ' 943,052 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As %Change Original Bu(l'.get Aclual Through Revised Estimate Change From Original 8uclget Actual 2002 Act<Jal 2003 Esbmate 2004 ¾o< From 2004 Comments 404 Public lmerovement Fund May2004 Revised "'" 2004 Original Estima1e 2005 Revised s Av.ailo1bte Fund Balance • BOY ' 1,564,898 S 985.797 ' 1,113,797 $ 1,408.432 ' 1,408,432 294,635 $ 568,432 Means ofFl11,11nelng Special assessments s $ $ $ $ s $ 0.00% Property laxes 0.00% Federal grants 0.00% EOA GRANT FOR SEAWAY INDUSTRIAL PARK State grants 52,850 390,600 Contributions 200,000 200,000 -100.00% FROM MUSKEGON CO. FOR CROSS-lAKE FERRY Sales of Property 70,725 47,939 550,000 83,478 200,000 (350,000) 150,000 -25.00% Interest income 32,294 16.347 20,000 3,852 10,000 (10,000) 20,000 100.00% Operating transfe~ in 150,000 150,000 150,000 992,500 1,0B0,000 930,000 150.000 -66.11% RLF FOR FERRY $930.000; GENERAL FUND TRANSFER $15,0000 Other 39,352 75.454 0.00% 345,221 $ 680.340 $ 720,000 s 1.079,830 $ 1,490.000 $ 770,000 $ 320,000 •79,52% ~ ::,0 30936 Operating Expendilures Salaries & Senefits ''°" 5200 Operating Supplies $ 5 $ $ NIA NIA $ $ $ 0.00% 0.00% 53()() Conltactual Services 60,350 5,<)()() 0% 5,000 5,000 0.00% 5400 Olher Expenses NIA 0,00% 5700 Capital Outlays NIA 0.00% 5900 Other Finaricing Uses 150.000 150,000 0% 150,000 -100.00% URBAN LAND ASSEMBLY (ULA) LOAN PAYMENT 60,350 $ 150,000 s 155,000 $ 0% $ 155,000 $ $ 5,000 •96.77% 90000 Projoct Expendlturos 5200 Operating Supplies s 5300 Contractual Services 70,011 ' 9,437 $ $ 2.883 NIA N<A ' ' $ 0,00% 0.00% 5400 Other Expenses N<A 0.00% 5700 Capita! OuUays 793.961 98,268 375,000 1.051,450 48% 2,175.000 1,800,000 -100.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAlL 863.972 s 107.705 $ 375.000 $ 1,054.333 "% $ 2,175.000 S 1,800,000 $ -100.00% '" • 924,322 $ 257.705 530,000 1,054,333 ' $ 2,330,000 $ 5.000 -99.79% Available Fund Balance. EDY $ 985,797 s 1,408,432 $ 1.303.797 s 1,433,929 $ 568.432 $ (735,365) $ 883,432 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Through Revised Es!imate Change From Original Budget Actual 2002 Ach.1al 2003 Eshmate 2004 May2004 "' Revised 2004 2004 Original Estimate 2005 From2004 Revised Comments 474 Coastal Zone Management Fund . $ • $ AvaU.ible Fund Balance • BOY ' $ ' $ $ Means of Finanelng Special assessments State grants ' $ $ $ $ ' ' 0.00% 0.00% Federal grants 000% Sales of Property 0.00% Interest income 0.00% Operating transfers in 70\ 0.00% LOCAL MATCH FROM GOLF COURSE FUND Other 0.00% $ 70, s ' ' • ' ' 0.00% ~ 309l& Oper;,llng Eltpendituru (D 5\00 Salaries & Benefits $ $ $ $ WA $ $ $ 0.00% 5200 Opei-aling Supplies WA 0.00% 5300 Contractual Services N<A 0.00% N<A 0.00% "" 5700 Other E1tpenses Capital Out!ays N/A 0.00% 5900 Other Financing Uses N/A 0.00% ' ' s s N/A • • • 0.00% 90000 Projed Expenditures 5200 Operating Supplies $ $ $ $ WA $ $ $ 0.00% 5300 Contractual Services 70\ N/A 0.00% 5700 Capilal Outlays WA 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL $ 70\ 70\ $ $ $ $ $ N/A N/A $ $ ' ' $ 0.00% 0.00% $ • $ $ $ $ $ Available Fund Balance· EOY ' City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change Fmm Original Budget Actual 2002 Actual 2003 %of From 2004 Comments Estimate 2004 May2004 2004 2004Original Estimate 2005 Revised Revised 482 State Grants Fund Av.iilable Fund Balance - BOY $ - $ - $ - $ 1,519 ' 1,519 $ 1,519 $ Means of financing Special assessments State grants $ 964,837 $ 682,403 $ 660.076 ' 76,237 $ 2,008,748 ' 1.348,672 $ 0.00% ·100,00% Federal grants 0.00% Sales or Property 0.00% interest mcome 0.00% Operating trarisfefS In 110,612 235,242 110.135 200.000 200,000 -100.00% LOCAL MATCHES- FROM GOLF COURSE SALE PROCEEDS Other 10,000 25,000 0.00% 1,105,449 1,142,645 660,076 s 186,372 $ ' ' 2.208,748 $ ,.~8.672 $ ·100.00% l'v 30936 Operating Expenditures 0 '""' S200 Salaries & Benefits Operating Supplies $ $ $ ' N<A WA ' $ $ 0.00% 0.00% 5300 Contractual Services NIA 0.00% NIA ''°' 5700 Other Expenses Capital Outlays NIA 0.00% 0.00% 5000 Other Financing Uses NIA 0.00% TRANSFER TO LOCAL STREET FOR SMARTZONE INFRASTRUCTURE ' $ $ $ NIA ' $ ' 0.00% 90000 Projea E:,,;penditures S200 s ' Operating Supplies $ $ $ WA $ $ 0.00% 5300 contractual Services 1,099.837 1,141.126 293.381 NIA 0.00% 5700 Capital Outlays 5,612 660,076 110,181 S¾ 2,210,267 1,550,191 -100.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL s s $ 1,105,449 1,105,449 1,141.126 660,076 660,076 $ 403.562 18% $ 2,210,267 2.210,267 ' 1,550,191 $ -100.00% ' ' 1,141.126 $ $ 403.562 16% ' ' -100.00% - s $ Available Fund Balance - EOY ' 1,519 $ - $ (215.671) - $ $ City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Original Budget Comments Actual 2002 Actual 2003 %0, From2004 2004 Onglnal Estimate 2005 Estimate 2004 May2004 Re1tised "" Revised 594 Marina & Launch Rame Fund Available Cash Balance • BOY $ 66,148 $ {183,560) $ 5,948 $ (20,982) $ (20,982) $ (26,930) S 16,171 Me;ins of Fin;,ncing Special assessments $ $ $ $ $ s $ 0.00% State grants 37,352 256,612 0.00% State $hared revenue 0.00% Charges for services 276,736 263,880 280,000 156,110 280,000 280.000 0.00% Interest income ,oo 0.00% Operallr,g 1ransfers in 0,00% Other 575 10,378 0.00% INTERFUNO LOAN FOR LOCAL GRANT MATCH 280,000 $ 156,110 $ 280,000 $ $ 280,000 0.00% ' $ 315,263 530,870 $ 70756 Opera1ing Expenditures rv ~ 34,390 $ 115,247 $ $ 119,986 4.11% 5100 5200 Salaries & Benefits Operating Supplles $ 106,934 13,030 $ 113,876 20,491 $ 115,247 13,250 ' 1,902 '" '4% 13,250 13,250 0.00% 5300 Contractual Services 107,812 130.577 114,350 51,300 '5% 114,350 114,350 0.00% WA 0.00% '400 Other E~penses Capita! OuUays 1.020 ,., '" WA 0.00% "" 0.00% 5900 Other Financing Uses Other Cash Uses {e.g. Debt Prlnc;pal} (20,980) (21,576) "" WA 0.00% s 207,816 s 244,209 $ 242,647 $ 87,730 36% $ 242,647 $ $ 247,586 1.95% 90000 Projeet Expenditures 5200 Operating Supplies $ s $ s WA $ s $ 0,00% Contractual Seivites 357,155 124,083 17,717 NIA 0.00% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL 5300 0.00% '700 Capita! Outlays "" WA s 0.00% ' $ 357,155 564,971 S $ 124,083 368,292 ' $ 242,847 $ $ 17.717 105.447 ,,. s 242,847 $ ' $ 247.586 1,95% 16,171 $ (26,930) $ 48,585 ' Available Cash Balance• EOY $ (183,560) $ (20,982) S 43,101 29,681 $ City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As % Change Onglnal Budget Actual Through Revised Estimate Change From Original Budget Actual 2002 Actual 2003 %,, From2004 Comments Estimate 2004 May2004 200< 2004 Original Estimate 2005 Revised Revised 584 Municieal Golf Course Fund Av:ailabla Cash Balanca • BOY $ 492,650 $ 498,322 s 276,322 $ 281.351 $ 261,351 s 5,029 s 85,351 Means of Financing s s s s s s 0.00% Special assessments State grants ' 0,00% State shared revenue 0.00¾ Charges for services 0.00% Interest inc.ome 11.985 8.715 2.000 2.489 4,000 2,000 2,000 -50.00% Operating transfers In 0.00% Other 0.00% $ 11,985 $ 8,715 $ 2.000 $ 2,489 s 4,000 $ 2,000 $ 2,000 -50,00% 70542 Operating E:,:pendlh1.-.s C0 s "" 5100 5200 Salaries & Benefits Operating S1>pplies $ $ ' $ WA N<A $ $ 0.00% 0.00% 5300 Contractual Services 1,300 N<A 0.00% 5'00 Other Expenses N<A 0.00% 5700 Capital Outlays N'A 0.00% 5900 Other Financing Uses 6,313 224,386 110,135 SS% 200,000 200,000 -100,00% LOCAL MATCH FOR TRAIL PROJECT GRANTS Other Cash Uses (e,g. Debt Principal} NIA 0,00% 200,000 s ·100.00% $ 6,313 $ 225,666 S $ 110,135 55% ' 200,000 $ 90000 Project E:,:penditures $200 Operating Supplies $ $ s $ N<A s s s 0.00% 5300 Contractual Services NIA 0.00% 5700 Capital Outlays WA 0.00% 0,00% $ s $ $ s NIA $ 200,000 ' $ $ -100.00% $ 6,313 225,686 $ 110,135 SS% ' Av;ill;ible C;ish Balance • EOY $ 498,322 $ 281,351 s 278,322 $ 173.705 s 85,351 $ (192,971) $ 87,351 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Original Budget Ac1ua12002 Actual 2003 %0, From 2004 comments Estimate 2004 May2004 Rev,sed '°"' 2004 Original Estimate 2005 Revised 661 Eguiement Fund s 936,872 265,946 s 1,021,715 Available Cash Bal.Inca• BOY $ 367,851 $ 657,212 $ 670,926 ' 936,872 $ Means of Financing s $ $ s 0.00% Speda! assessments Statc,granls $ $ ' 0.00% GRANT FOR DVD RECORDERS Slate shared revenue 0.00% Charges for services 2.287.465 2,299.746 2,150,000 1,111,900 2,150,000 2,150,000 0.00% INTERDEPARTMENTAL RENTAL CHARGES Interest income 10,123 12,813 10,000 5,342 10,000 10,000 0.00% Operating transfers in 0.00% Olher 135,071 110,057 100,000 5,840 100.000 100,000 0.00% OUTSIDE SALES OF FUEL, ETC. s 2.422.616 1,123,082 $ 2,260,000 $ $ 2,260,000 0.00% 2,432,679 $ ' 2,260,000 $ N 60932 Operating Expendi!Urn <,:, 5100 Salaries & Benefits $ 406,279 s 455,014 s 477,738 s 196,958 42% $ 473,000 s (4,738) $ 468,331 -0.99% Operating Supplies 523.881 567.402 455,995 197,814 43% 455,995 455,995 0.00% ""' 5300 Contractual Services 449,607 498,770 551,072 295,513 $<% 551,072 551,072 0.00% 5400 Other Expenses 6,034 3,899 5,000 1,972 39% 5.000 5,000 0.00% 5700 Capital Outlays 732,328 600,646 793.480 98,292 1'% 690,090 {103,390) 96,000 -86.09% SEE "BUDGE.TED CAPITAL IMPROVEMENTS" FOR DETAIL 5900 Other Financing Uses WA 0.00% Other Cash Uses (e.g. Debt Pt1ncipal) 25,189 16,223 WA 0.00% $ 2,143,318 $ 2,142,956 $ 2,283.295 $ 790,549 36% s 2,175,157 $ (108,128) S 1,576,398 -27.53% 90000 Projeet Expenditures 5200 Operafing Supplies $ s $ $ NIA s s $ 0.00% 5300 Contractual Seniices N'A 0.00% 5700 Capita! OuUays NIA 0.00% $ s •s NIA $ $ s $ 1,576,398 0.00% -27.53% $ 2.143.318 $ 2.142,956 $ 2,263.285 790,549 '" $ 2,175.157 647,641 $ 1,269.405 s 1,021.715 s 374,074 s 1,705.317 ' A11allabl9 Cash Balanc.11 - EOY 657.212 $ 936.872 $ City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual 2002 Actual2003 Original Budget Estimate 2004 Actual Through May2004 .,, Aciua!As Revised Estimate 2004 Change From 2004 Original Original Budget Estimate 2005 % Change From 2004 Comme<its Revised Revised 642 Public Service Building Fund Available Cash Balance. BOY $ (110.602) $ {75,628) $ {103,250) S 124,264 $ 124.264 $ 227,514 $ 32,554 Means of Fl~nclng Special assessments $ $ $ $ $ s s 0,00% State grants 0.00% State shared revenue 0.00% Cha19es for services 612.766 612,766 569,872 237.447 569,872 569,872 0.00% INTERDEPARTMENTAL RENTAL CHARGES Interest irieome Operating translers in "' "' 0.00% 0.00% Other m 0.00% $ " $ $ s 569.1:172 0.00% ' 612.766 613,095 $ 569,872 237,9{l2 569,872 $ 60442 Operating Expenditures N +"> Salaries & Benefits s 5100 5200 Operating Supplies ' 177,196 27,049 $ 186,589 21,924 $ 216,259 25,950 $ 91.231 5,074 42% 20% $ 216,259 25,950 $ 230,556 25,950 6.61% 0.00% 5300 Contractual Services 225,738 259,163 283.373 109,910 39% 283,373 283,373 0.00% 11,572 (18,515) 1,000 ,,. 1,000 1,000 0.00% '"' 5700 Other Expenses 67,543 52,000 "' 54,257 135,000 Capital Outlays 32,813 '" 83,000 100,000 -25.93% SEE "BUDGETED CAPITAL IMPROVEMENTS" FOR DETAIL '"'' Other Financing Uses Other Cash Uses am! Adjustments (e.g. 68.494 (68,771) NIA NIA 0.00% 0,00% Debi Pnncipal) $ 577.592 $ 413,203 5 578,582 • 260,586 39% • 661,582 • 83.000 $ 640,879 -3.13¾ 90000 Project Expenditures 5200 5300 Operating Supplies ' ' • ' N<A ' ' ' 0.00% Contractual Services N<A 0.00% 5700 Capital Outlays N<A 0.00% $ $ $ NIA $ $ 0.00% 577,592 413,203 578,582 $ 260,586 39% • 661,582 ' 640,879 -3.13% ' ' $ Available C;iosh Balance - EOY 5 (75,628) S 124,264 $ (111,960) $ 101,580 $ 32.554 s 144,514 $ {38,453) City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Original Budget Actual 2002 Actual 2003 %of From2004 Comments Estimate 2004 May2004 2004 2004 Original Estimate2005 Revised Revised 643 Engineering Services Fund Available Cash Balance. BOY $ 101,200 S 56.370 $ s 86,B69 ' 144,167 $ 86,869 30,499 $ 19,626 Means of Financing Special assessments $ $ $ s $ $ $ 0.00% State grants 0.00% State shared revenue 0.00% Cha19es lor seMces 488.240 516,169 565,000 195.205 500,000 (65,000) 565,000 13.00% INTERDEPARTMENTAL CHARGES Interest income 3,000 1,788 4,000 4.000 ,.ooo 0.00% Operating transfers in 0.00% Other 27,206 6,308 50,000 50,000 50,000 0,00% s 518,446 ' 524,265 ' 619.000 $ 195.205 ' 554,000 $ (65,000) S 619,000 11.7:?.% 60447 Operating E:w;penditures r-v u, 5100 Salaries & Benefits s 373,101 s s s 5200 Opemling Supplies 22,198 ' 362,839 18,514 467,131 18,493 143,152 10,814 "% 58% 420,000 18,493 $ (47,131) S 439,692 18,493 4.59% 0.00% POSITION VACANCY SAVINGS 5300 Contractual Seivices 135,545 149,159 160,000 60,405 38% 160,000 160,000 0,00% 5'00 Olhet Expenses 1,441 2,896 ,.ooo 17% 4,000 4,000 5700 Capita! OuUays 6.326 15,265 18,750 '" 5,226 28% 18,750 18,750 0.00% 0.00% 5900 Other Financing Uses WA 0.00% Other Cash Uses and Adjustments (e.g. 21.802 {10,077) WA 0.00% Debt Principal) ' 561,413 ' 538,596 ' 668,374 ' 220,286 '5% ' 621,243 ' {47,131) S 640,935 3.17% 90000 Project Expenditures s s 5200 5300 Opeta~ng Supplies Contractual Services ' ' ' ' N<A WA ' 0.00% 0.00% 5700 Capital Outlays NIA 0.00% s s $ s ' NIA s $ ' 0.00% 561,413 538,596 ' 668,374 $ 220,286 SS% 621,243 ' 640,935 3.17% Available C.:.sh Balance• EOY s s ' 101,200 86,869 ' $ ' 6,996 61,788 19,626 12,630 ' (2,309) City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual A$ %Change Original Budget Actual Through Revised Estim.ite Change From Original Budget Actual 2002 Actual2003 %of From2004 Comments Estimate 2004 May2004 2004 2004 Original Estima!e 2005 Re"ised Revised 677 General Insurance Fund Avallabla Cash Balance - BOY $ 855.366 $ 684.953 ' 996.633 $ 902,877 • 902.677 • (93,756) $ 1,050,093 Maans of Financing Special assessments Slate grants s $ $ $ $ • s 0.00% 0.00% State shared revenue 0.00% Charges for services 2,236.965 2,449,390 2,792,318 1,182,786 2,792,318 2,792,316 0.00% INTERDEPARTMENTAL CHARGES Interest income 14,466 11,560 12,000 4,227 12,000 12,000 000% Repayment of DOA Advance 142,000 142,000 41,933 -70.47% REPAYMENT OF 1989 ADVANCE TO ODA FOR MALL SALE Operating transfers In 1,206,722 1.179.936 1,296.000 t,296,000 1,296,000 0.00% TRANSFER FROM PENSION FUNDS FOR RETIREE HEALTH COSTS o~~ 151,517 127.635 25,000 1,467 25.000 25,000 0.00% 3,609.670 $ 3,768,523 s 4,125,318 $ 1,188.462 $ 4,267,318 $ 142,000 $ 4.167,251 •2.34% N 30851 Opera11ng E:i:pendi1ures m 5100 Salaries & Benefrts $ 41,577 $ 178.181 30.484 $ 347,433 1140%- 30,484 $ 32,604 6.95% RISK MANAGER POSITION 0.00% 5200 Opera~ng Supplies 144 3,569,999 '" 3,354,562 300 4,088.318 1.561,602 0% 39% 300 4,088,318 300 4,088,318 0.00% ''°" 5400 COntra.:tual Services Other Expenses 860 363 S00 0% S00 S00 0.00% 5700 1,149 S00 0% S00 S00 0.00% 5900 Capital Oullays Other F,nancing Uses '" NIA 0,00% Other Cash Uses and Adjustments (e.g. (32,711) 216.202 NIA 0.00% Debt Principal) $ 3.580,093 $ 3,750,599 $ 4.120,102 • 1,909,035 46¾ $ 4,120.102 $ $ 4,122,222 0.05¾ 90000 Projec:1 Expenditures 5200 Operating Supplies $ s $ $ NIA $ $ • 0.00% ''''° Contractual Services Capital Outlays NIA WA 0.00% 0.00% "'° $ $ $ WA $ $ $ 0.00% 3,560,093 $ 3,750,599 S 4,120,102 $ 1,909,035 46% $ 4,120,102 $ 4,122,222 0.05% Available ~sh 8alanc:e. EOY $ 884,953 $ 902,977 $ 1,001,849 $ 182,324 $ 1,050.093 $ 1,095,122 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget - Non-General Funds Actual As %Ch;mge Original Budget Actual Through Revised Estjmate Change From Original Budget Actual2002 Actual 2003 %of From 2004 Comments Estimate 2004 May2004 2004 2004 Onginal Estrmate 2005 Revised Revised 591 Water Fund Available Cash Balance - BOY Means of Financing $ 5,071,320 ' 4,189.460 ' 4,502,864 ' 3,422,264 $ 3.422.264 ' (1,080,600) $ 2,364.470 Special assessments Federal grants Stale grants $ ' $ 100,000 ' $ 100,000 ' $ 0.00% 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK 100,000 0.00% SHORELINE DRIVE State shared revenue 0.00% Criarges for services - City 3,209,797 2,936,777 4,179,398 469,358 4,179,398 4,179.398 0.00% Charges for services - To....,,ship 541,130 827,619 510,499 354,041 800,000 289,501 510,499 -36.19% Maintenance services • Township 112,036 200,000 60,459 200,000 200.000 0.00% lnl!!fest income 84.468 51.889 so.coo 16,742 30.000 (20,000) 50.000 66.67% Repayment of DOA Advance 91,000 91,000 26,977 -70.35% REPAYMENT OF 1989 ADVANCE TD ODA FOR MALL SALE Operating transfers in 0.00% Other 215,621 165.925 11.850,000 92,234 10.100.000 (1,150,000) 11.850,000 10.75% NEW BONO ISSUANCE s 305411 Operating Expondrlures Adminl•tratlOll $ 4.051,016 $ 4,094.246 ' 16,889,897 ' 992,834 16,100,398 $ (789,499) $ 16,916,874 5.07% 5100 Salaries & Benefits s s 5200 5300 Opera~ng Supplies Conlracl11al Services ' 433,310 ' 524,932 20 $ 507,379 248,512 N,A NIA ' $ 0.00% 0.00% "% 507,379 509.763 0.47% lNSURANCEJlND!RECT COSTSIADM1NISTRA T!ON FEE 5400 Other Expenses 7,966 5,661 NIA 5700 Capital Outlays "' NIA 0.00% 0.00% 5900 Other Financing Uses 1,023,550 436.560 401,880 0% 401.880 36520< -4.15% INTEREST ON WATER BONDS Other Cash Uses and Adjustments (e,g. (155,361) (117,325) 420,000 420,000 100% 420.000 435.000 3.57% PRINC!PAL ON WATER BONDS Debt Principal s 60559 Operating Expenditures Maintenanc. • City ' 1,309,465 ' 849,868 $ 1,329,259 ' 666.955 50% ' 1,329.259 ' 1.:r.W,967 0.05% r-0 5100 Salaries & Benefits 712,770 $ s --.J 5200 5300 Operating Supplies Conlractual Services ' 169,124 336.967 993,724 246,145 436,252 ' 909,197 128,865 495,674 ' 375.582 59,411 146,802 42% 47% 30% 690,000 126,000 495,674 ' {19,197) $ (2,885) 868,398 128,885 495,674 -0.18% 2.29% 0.00% 5'00 Olhe< Expenses 33,577 9.788 34,480 1,652 $% 34,480 34,480 0.00% 5700 Capital Outlays 2,256 8.628 14,500 0% 14.500 14,500 0.00% 5900 Other Financing Uses NIA 0,00% s 1,254,694 s 1,694,537 $ 1,582,736 s 583,447 37% $ 1.560,654 60660 Operating Expenditures Malnt•n;in,;e • Township ' (22,082) S 1.561,937 0.08% 5100 Salaries & Benefits 203,610 s s s 5200 5300 Operating Supplies Contractual Services ' 10,219 126.067 117.799 5,494 111,495 ' 26,677 59 2-4.613 NIA NIA NIA ' $ 0.00% 0.00% 0.00% 5'00 Other Expenses 5700 S000 Capital OuUays Other Financing Uses "' 3,289 '" NIA NfA 0.00% 0.00% NIA 0.00% s s sass.a Operating Expenditures Filtration ' 343.977 ' 235,593 ' 51.349 NIA ' $ 0.00% 5'00 Salaries & Benefits s 5200 5300 Operating Supplies Contractual Services ' 476,572 129,191 340,767 ' 520,119 149.128 396,949 ' 575,431 121,679 472.400 ' 222.297 40,662 195,758 41% 33% 41% $ 545,000 121,679 472,400 (30,431) $ 615,664 121,679 12.97% 0.00% 472.400 0.00% 5400 Other Expenses 4,067 2,333 2,750 1,659 60% 2,750 2,750 0.00% 5700 Capital Outlay,; 37,326 17,928 90,450 9.181 '0% 90,450 90.450 0.00% 5900 Other Financing Uses NIA 0.00% Replacement Rt;,erve - DWRF 290,000 0% 290,000 290,000 0.00% 987,923 S 1,086,457 $ 90000 Project Expenditures 1,552,710 ' 469,557 31% $ 1.522,279 S (30.431) $ 1,592.963 4.64% 5200 Oper.;,ting Supplies s s $300 5700 Contractual Seivices Capital OuUays $ 1,036,817 994,987 ' 12,745,000 $ 1,652,841 NIA 13% NIA 12.746.000 ' 1,000 $ 0.00% -100.00% 0.00% $ $ 1.036,817 $ 4,932,876 S 994,987 4,661,442 's 12,745,000 17,209.705 's 1,652,841 3.-426,149 '" 20% $ s 12.746.000 17.158,192 ' 1,000 '' 4,464,867 -100,00% -73,86% Av;illable Cash Ba lane.· EOY 4,189,460 3,422,264 ' ' $ 4,183.056 ' 9~8_,_9-49 ' 2,364,470 ' (1,618,586) S 14,796,477 City of Muskegon Quarterly Budget Reforecast and 2004 Proposed Budget • Non-General Funds Actual As % Change Original Budget Actual Through Revised Estimate Change From Orig!nal Budget ActuaJ2002 Ac!uat2003 ¾of From 2004 Es!imate 2004 May2004 2004 2004 Original Estimate 2005 Comments Revise;::1 Revised 590 Sewer Fund Available Cash Bat.nee. BOY $ 1,027,063 $ 1.231.951 $ 1,558,530 $ 1,046,328 $ 1,046,328 $ (512,202) $ 1,361,336 Means of Fin.toeing Special assessments s $ $ $ $ $ $ 0.00% Federal grants 0.00% EDA GRANT FOR SEAWAY INDUSTRIAL PARK State grants 462,131 100,000 100,000 100,000 0.00% SHORELINE DRIVE State shared revem,e 0.00% Chames for services 4,009,593 4,008,773 4,500,000 624,106 4,500,000 4,500,000 0.00% Interest Income 22.263 19,739 40,000 6,064 40,000 40,000 0.00% Repayment or ODA Advance 142,000 142,000 41,933 -70.47% REPAYMENT OF 1989 ADVANCE TO DOA FOR MALL SALE Operating transfers in 0.00% Other 7.591 48.971 80,000 7,514 80,000 80,000 0.00% $ 4.501.578 $ 4,077.483 $ 4,720,000 $ 837,706 $ 4,862,000 $ 142,000 $ 4.761.933 -2,06% 30546 Oper.oling Expenditures Admlnistr.otion 5100 Salaries & Benefits $ $ $ $ WA $ $ $ 0.00% 5200 OperaMg Supplies WA 000% 5300 Ci:mtr.actu<1I Services 370,396 388,912 312,969 182,224 58% 312.969 'V 315,353 0.76% INSURANCE/INDIRECT COSTS/ADMINISTRATION FEE :0 5400 Other Expenses 13,300 6,865 560 WA 0.00% 5700 Capital Outlays WA 0.00% 5,00 Other Financing Uses 741,054 111,056 0% 111.056 88,424 -20,38% INTEREST ON SEWER BONOS Other Cash Uses alld Adjustments (e.g Debt Prine! al 32,972 507,081 455,308 0% 455,308 444,497 -2.37% PRINCIPAL ON SEWER BONDS $ 1.157.722 s 902,858 $ 879.333 $ 182.784 ,,. ' 879,333 ' ' 848,274 -3.53% 60559 Operating Expenditure, Ma!nt9nance 5100 5200 Salaries & Benefits Operating Supplies s 659,059 95,733 $ 609.560 44,036 $ 805.286 63.159 ' 280.605 7.881 37% 12% • 750.000 63,159 ' (55.286) S 851.923 13.59% 63,159 0.00% 5300 Contractual Services 1,579,258 1,588,736 1,974,687 591.452 30% 1,970,000 (4,687) 1,974,687 0.24% 5400 Other Expenses S,0-04 2.248 ,.soo 1,269 ,,. 2,500 2.500 0.00% 5700 Capital OuUays 4,055 9,096 a.ooo 1,311 16% 8,000 8,000 0.00% 5900 Other Flnan~ing Uses WA 0.00% $ 2.341.109 $ 2.253.676 $ 2,853,632 $ 882.518 '2% $ 2.793,659 s (59.973) $ 2.900,269 382% 9D000 Project Expenditures 5200 5300 Operating Supplies Contractual Services ' 797,BSS • 1,106,572 • 945,000 $ 244,265 WA 26% $ 874.000 ' (71.000} • 0.00% -100.00% SEE "BUOGETEO CAPITAL IM?ROVEMENTS" FOR OETAIL 5700 Capital Outlays N<A 0.00% 797,859 s 1,106,572 $ 945,000 $ 244,265 ,,. $ 874,000 s (71.000) $ -100,00% 4,296,690 s 4,263.106 $ 4,677,965 ,,. ' 1.309.567 ' 4,546.992 ' 3,748,5-43 -17.56% Av.oil;able Cash &I.once - EOY s 1.231.951 ' 1,046,328 ' 1,600,565 $ 574.467 • 1.361,336 s 2,374.726 ___ _l_ - fity of Muskegon -------- ·- --- ----- j -- i . ---- i i - --·- -- ---- Qua_f ly_ ~udgeLRefor!_cast and 20~4- Propos~d Budg~ - -··- I t ' - Orlglnall' 1st·cuarter1' 2nd Quarter! 3rd Quart&,I Responsibility 1.. Budgal: Budget Budget Comments 1 Budget Refor@~l!:~~-c_l!:~t_·__ flaf9recast: - ·--·--· I ! i -- • I I -- - ···-- 2004 - PROJECTS --- 101 •General Fund -T ! i I i i i I ---- -----· ·------ L GIS Upda1e and Maintenenace _! _! ___ - I ' -1 • 10,000 i --- J! ! ' ' I L i 202 Major Streets - Reconslruct and.service Rep1acernen1s ($552,354 srr·- 91032 McCracken, Sherman to LaKeshore Drive A!-Shatel 600,000 ' 950,000 940,000 '. 1-----·-- Grant) 92012 Sherman, Lincoln to Beach Al-Sha tel 500,000 450,000 450,000 - -- I Reconstruct and Seivice Replacements ($324,000 STP ·-- - - --- • - Granl\ 92026 Walnul, Wilcox to Thompson (100') Al-Shale! ! 35,000 35,000 35,000 Resurface Walnut and Recons1ruct Cherry w/Watenna1n -- 93004 L Beidler, Lake!on lo Southern (1600') _ _ _ _________ A!-Shatel 200,000 10,000 10,000 Special Assessment Failed ---- 93005 , Strong, Jefferson to Peck (700') Al-Sh ate! 120,000 95,000 95,000 Reconstruc1 w/Watermaln ---- ------ 93006 Campus, Jefferson to Washington (500') A!-Sha!el 80,000 i 150,000 160,000 Reconstruct ---- ··-- 96017 Shoreline DriYe East (Incl Terrace Extension, Spnng, and V-. AI-Shalel 3,000,000 j 4,500,000 4,500,000 iNew Construction. Funded by $8.80 million"BUiiiiMichigan ""·----- --- Fund 91635 Shoreline Ori Ye from Terrace to Southern ---- ------ Al-Sha tel -- 3,000,000 3,000,000 3,000,000 !Resurfacing - Funded by $3.05 million Build Michigan Fune 96059 Sidewalks - Handicap Ramps -------·---- Al-Sha tel 25,000 ! 20.000 20,000 93023 Western AYe - Pine to Terrace Al-Shale! 100,000 100,000 I Reconstruct, could use Build Michigan Funds i Hackley Ayenue Culverts A!-Shatel 150,000 Emergency Replacement ---- -- Slate Jobs froi:n past years AI-ShateJ 7,000 7,000 -- 7,560,000 9,317.000 I 9,467,000 I I ---- 203 Local Streets i I - -- 93007 :Hudson, Forest to Southern (400') Al-Sha tel 65,000 7,000 7,000 I - i -·-- Special Assessment Failed 93008 Yuba S!reet, Eastern to Sumner ( 1500') Al-Shale! 250,000 12,000 12,000 I Special Assessment Failed 93009 Ridge, Cumberland to Wickham {700') Al-Sha tel ' 90,000 · 8,000 6,000 L_ Special Assessment Failed 93010 Torrent, Le Tart to Sherman (350') Al-Sha lei 50,000 60,000 60,000 New Construc1ion - GraYe! - 92018 Harvey, MarqueUe to Stebbins (2700') and Water Loop Al-Shale! 250,000 250,000 Resurface w/12" Waler Loop for Tech Center Building; 250,000 Continqent _up_g[! MCC Reimbursemel}!_ 93012 Austin. Barney to Delano A!-Shatel ' 130,000 135,000 135,000 Reconstruct 96059 Sidewalks - Handicap Ramps Al-Sha tel 25,000 20,000 20,000 -- - - -- 860,000 492,000 492,000 ~- L 254 LC. Walker Arena 93015 Siemens Energy lrnproYemen!s Scott 260,000 260,000 Firianced With lnterfund Borrowing ---- ---- 403 Sidewalks : 96059 !2004 Sidewalk Replacement Program Al-Sha tel 350,000 225,000 150,000 Financed With Special Assessment Bonds --L 404 Public Improvement Fund : - 96051 Fire Quint Kleibecker 375,000 375,000 375,000 '. - --- - 93022 Cross Lake Feny lmproYemen!s Mazade 1.200,000 1.800,000 : $930,000 FROMRLF FUND; $200,000 MUSKEGON QQUNTY 375,000 1.s1s,ooo 1 2,175,000 -~ ~ 482 State Grants Fund ~- 91006 Core Communities Initiative (Teledyne-Boardwalk) BNbaker-C!arke 500,000 500.000 I 956,000 Financed Wilh Core Comrnuni1ies Grant (Cariyover) - ,___ 96096 Sile Assessment Projects Brubaker-Clarkei 46,076 46,0761 190,000 CMI Brownfield Brubaker-Clarke 750,000 ~---- Carryover from 2003 99080 Lakeshore Trail Phase IV {Shoreline DriYe) 114,000 I 314,267 t- Scan 114 000 ---- - - - - -- --- 660,076 660,076 : 2,210,267 ?Q . _r___.. _______________,______ City of Muskegon I __j__ _ _ _ _, ________ - ..;.____ . ! .._.,.. - --- -.--~- · · - - - - - - · Quarterly Budget Reforecast and 2004 Proposed Budget ' ! i ··----------------· - · -- --,----· ·--···---·-I · I ;....-- ···--·'------~'-- · - +2nd ,I 1SIQuarter1 - -Quarter! - - - +3rd Original,. ----~------------· -----a ' -Quarter I I Ras-ponslblll.~. •. . . . Budget Budget Budget Budget' Comrnonls 1---+----------------···· i . Rofo,o,.,, ·-"''"'"']- Rofo,om1-- - - - - · · · · · · · - - - - - - - - - - - 1 ~ - - - - - - - - - - - - -··~----------- 1 2004 PROJECTS -·-----· . ---------------~""'""""""""""'""""''""',""---------------·--------..J .§9~. Sewer - - - - - - - - - - + - i '- - - - + l - - - - l - - - - 1 - ' - - - + - - - - + - - · · - · - - · · · - · - - - - - - - - - . . J 92004 Fores! & Madison Lift Stalion AI-Shatel 125,000 j 125,000 ! 125,000 Replace Pumps, Panels and Rails 93007 Hudson, Forest to Soulhem (990') i i A!-Shatel 2,000 j 50,000 Special Assessment Failed 2,000 ! l 50,000 i Reconstruct and Service Replacements ($355,830 STP 91032 McCracken, Sherman to Lakeshore Drive 50,000 j AI-Shatel 50,000 ---- -------~-·-· Grant) 93004 Beidler, Laketon to Southern (1600') AI-Shate! 20,000 ! 2,000 , 2,000 ! Special Assessment Failed 1---1--------.:__.:._ _ _ _ _ _;....._ _ _..j.._ _...C.....'_ _ _c_.;.._ _ _-J._ _ _..__ - - - - - - - - - - - - - - - - - - < 93016 Sanitary Sewer Upgrades (Barney LiftstaUon to 12" Main) Al-Shale! 150,000 • ! Added 10 Austin project ' _ _c_ _ _c:.._.. :....._:_______c_1-_ _ _ _.(..._ _ _ _.j.._ _ _ _~ - - - - - L - - · · - - - - ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.., ' 93012 Aus!ln, Barney to Delano Al•Shalel 50,000 i 100,000 i 100,000 New Sani1ary Sewer Line ·----- 96017 Shoreline Drive East (Incl Terrace Extension, Spnng, and W Al-Sha tel 100.000 l 150,000! 150,000 Street Project -Associated Utility Work ~ At-Sha '----+s_,_w_,_'.".'."."-"."_ie_,_,_ _ _ _ _ _ _ _ _ _ _ _, 1_ _ _ _tel _ . . - - 400,000.1 ~-- 400.000 I 400,000 -i-----./..-- Possible Pump Station - Young and Henry 93006 Campus, Jefferson to Washington A(-Shalel 35,000 j 35,000 Sanitary sewer main & service _ _.(..._:. _ _ _ _ _ _ _.::.._ _ _ _ _ _ _ _.... - - - - - - l - - - - - - l - - - - - C . - - - - . / . . - - - - + - - - - - - - - - - - - - - - - - 1 Al-Sha tel 10,000 '10,000 L.•.'_o_o_s.Ls.".'."'c·.J_,_"'.'.".".'.'.".'.''--------------·-..l.-.'."::".:'.::~.(.:====:=.~===='+=====.J. Service repair 945,000 874,000 i 874,000 ··---e----"----+---+---+------------...J 591 000 Water I i ·.",oo1..j"Hc"c'c"c"c•c'.'·"·'·"··s·,·"·'h·e·m·(·4·00·'·)- - - - - - ···--- --·,·,.··s·h·,·le·I- '·--·,·O·,O·O·O>j,---·,·.,·o·o·!'-----...l. -----l-----·S·p·eo·,,·,·,·,·,.·,·,·m·,n·,·,·,·i!e·d-----O 0 2,000 1----J--_______:_.:...____ -·---·- · - · - - - - . . . J . - - - - - 4 - - - - - < ~ - - - - < - - - - - < - - - - - - - - - - - - - - · · · - - 91032 Mc Crack en, Sherman to lakeshore Drive Al-Sha tel 50,000 j 300,000 360,000 New 12' Watermain and services ----- 93008 Yuba S)reet, Eastern to Sumner (1500') AI-Shalel 150,000 2,000 2,000 Special Assessment Failed 1 - - - + - - C . . - - - - - - - - - - - - - - - - ' - - - - - .... 1. .. · · - - - - l - - - - - . . . + - - - - - + - - - - - 1 - - - - - - - - - - - - - - - - - - - 1 92021 Herrick, Sumner to Jackson Al-Shat el 70,000 80,000 . 80,000 , ' OWRF Bond Financed ···-·---..-J 93004 Beidler, Laketon to Southern (1600') Al-Shale! 165,000 2.000 I 2,000 Special Assessment Failed I 93005 Strong, Jefferson to Peck (700') Al-Sha tel 60,000 60,000 ; 60,000 Reconstruct wlWatermain ' +-----<---·--...J.-•·•·so·,·,·,·,·w·11·2·•·w·,·1e·,·,·oo·p-ro·,·r··eo·h·c·,·n·1e·,·•·"•ud·io·g·,-t 20 800,000 __,_..c__ ~_:_-~_:· Marquette to Slebbins (2700') and_~a_,_"_'_" ao_o_.o_o.o. !-------+----- ,_1.s_h_,_1e_1_.L._ _a_o_o_.o_o_o.L___ __ Contmqen! UPOn MCC Reimbursement and Muskei:ion 92005 jNims St. Tank Painting Al-Shale[ 440,000 440,000 440,00(1 - 96017 !shoreline Drive East (Incl Terrace Extension, Spring, and W I . A!-Shatel 100,000 ...,.____ 150,000 .._.,____ 150,000 Slreet Project - Associaled Utility Work ·+------------------" 92006 :Water Main Replacements A!-Sha1el 100,000 92007 Breakwall - Beach Street Kuhn 60,000 Delayed Until 2005 l---+---------------+----.+----1----+-·---l----+.-- -·--------------! 97041 Water Filtration Plant Improvements Kuhn 10,700,000 10,700,000 10,700,000 DWRF Low lnlerest Loan Funding 1---1.------'---------...l.----·---+----.+----1----..J..----l~ ···----------..j 93023 Western Ave, Pine to Terrace Al-Sha tel 70,000 70,000 New 12' Watermain 92026 Walnut, Wilcox lo Thompson A!-Shatel 20,000 20,000 , L___ l • • •_ _ _ _. . ; ._ _ _ _ _ _ _ _ _ _ -1-----+-----+..---- l------f--- 93010 Torrent, Sherman to Letart A!-Sha1el 35,000 35,000 l---+--·--------·-----+----.+----1---•-+----+-· ·--+...---------------! ··--lS~h~•:~'.':"':"·~L~;o~o~o:ln~l~o~B~e'.ao~h~·---------.J-~A~l•~S:h~,l~el'_J.:====::' .•• l:====:'J==='='~·•:o":o -----+--··-----~ew~a.~erSe~ices_______ _ L.._ _L_ _ ·--------------L-----L---·-..C.----.l-----'-···---.+----------------1 12.14s,ooa 12.aa1.ooo ,2.746.oao I ' · - - + - - - - - - - - - - - - - - - J -_ _ _1-_ _ __j._ _ _ _+ - - - - . + - - - - 1 - - - - · - - - · - - - - - - - - · · -- ._g42 Public Service Building 99040 ,Public Service Building HVAC Energy Upgrades Kuhn 52 ,000 135 ,000 135 ,000 i '$83,000 Project Co sis Nol Comple-ied in 2003 as Original! f.._._..;._______-:__c_..:_:::._:.:_:=.:.:.:____L ____.J.___.:.:__ i-----+..-----1-----..J.-----·------.f!:i;ii~.fled __ _ .,0 ··---· -I 2004 PROJECTS 661 I Egui~ment Fund ! -!P~;;;, ' Car Replacemen!s {6) Kuhn ' --j--··-·--- 132,000 ---132,0ool ___ --------------- -- ---- ·- ' ------ --·------ Deferred ------.---- ,_______..... ___ isedans (6) Kuhn i 96,000 96,000 ! 16,000 ! Deferred Tractor Kuhn 80,000 80,000 i 77,000 New ------- ·----·- - - ~ !Blazer Kuhn 30,000 , 30,000 i Deferred -----··-· ---- Plow Truck Replacements (2) Kuhr\ 140,000 ' 140,000 145,000 i Replacement r---- Ismail Dump Trucks- (3) Kuhn 75,000 75,000 1s,ooo l Replacement ----- ·---. Mini-Pickup Trucks (4) Kuhn 72,000 72,000 72,000 Replacement -"··- ----- --- lloader Kuhn 98,000 ! 98,000 77,000 Replacement -- ---- ---· iToro Seaway Kuhn 20,000 20,000 ! 16,540 Replacement ----- --- 25CY Durnpbox Kuhn 20,000 I' 20,000 20,0DO New --·-- - -- Other ··-·---- Kuhn - --- . -! 161,070 ---· Radms arid Various Other Minor Equipment - Kuhn 30 480 _______ :0.480 I 30,480 I -- -· Replacement - I I i 793.460 793,460 I 690,090 j I ----- I I I I - --- i, ' 10,650,556 12,362,556 ) $ 13,894,357 : Commission Meeting Date: July 13, 2004 Date: June 24, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development C/b L RE: Request to Purchase Tax-Reverted Properties SUMMARY OF REQUEST: The State of Michigan is again offering the City a number of tax-reverted lots acquired prior to 2002 and available to us under the "old program" for the bargain price of $300 for the first five lots and $20 for each of the remainder of the properties. Since the City continues to mow and maintain these lots, even though they are State-owned, it would be advanatageous to the City to take ownership of them. We can then attempt to sell them and get them back on the tax rolls. FINANCIAL IMPACT: Total cost of these 36 properties is $920. BUDGET ACTION REQUIRED: Expend the additional $920 necessary to purchase these parcels. STAFF RECOMMENDATION: To approve the request and to authorize the Mayor and Clerk to sign the attached resolution. COMMITTEE RECOMMENDATION: The Land Reutilization Committee recommended approval at their June 22, 2004 meeting. 6/24/2004 Resolution No. 2004-61 ( c) MUSKEGON CITY COMMISSION WHEREAS, Act 451, P. A. 1994, as amended, provides for the conveyance of State-owned tax- reverted lands to municipal units for public purposes; and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources and are available for acquisition under the provisions of the above mentioned act; and WHEREAS, the parcel numbers of these parcels are attached; and WHEREAS, the City of Muskegon desires to acquire such lands for purposes of residential developments; NOW THEREFORE BE IT RESOLVED that the City of Muskegon is authorized to make application to the State of Michigan, Department of Natural Resources, Real Estate Division for conveyance of said land to the City of Muskegon for a nominal fee as set by the Natural Resources Commission; and FURTHER BE IT RESOLVED that the City of Muskegon shall set up necessary procedures and controls to provide for the property distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts. Adopted this l 3 th day of July, 2004. Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, Carter Nays: None Absent: None Gail A. Kundinger, MMC Clerk CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted meeting held on July 13, 2004. By: g QJL Q_ L . by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular Gail A. Kundinger, M~ Clerk TAX REVERTED PROPERTIES 2004 Parcel Number Address Lot Size Buildable? Zonine: 1 24-121-300-0116-00 877 Amity 66 X 132 Yes R-1 2 24-205-043-0012-00 462 White 66 X 66 No R-1 3 24-205-068-0010-00 438 E. Isabella 66 X 132 Yes R-1 4 24-205-069-0006-00 1060 Williams 66 X 66 No R-1 5 24-205-069-0008-00 492 E. Isabella 32 X 132 No R-1 6 24-205-076-0008-10 572 Catherine 33 X 132 No R-1 7 24-205-079-0003-00 437 Catherine 35 X 132 No R-1 8 24-205-085-0006-20 1230 Holt 46 X 78 No R-1 9 24-205-094-0002-00 449 McLaughlin 66 X 132 Yes R-1 10 24-205-146-0008-00 431 Seaway Dr. 27.14x66 No B-4 11 24-205-188-0001-00 881 Pine 74 X 124 Yes B-5 12 24-205-206-0013-00 206 Mvrtle 66 X 140 Yes R-1 13 24-205-209-0002-00 239Amitv 33 X 132 No R-1 14 24-205-240-0004-00 1282 Arthur 66 X 87.5 No RM-I 15 24-205-24 7-0006-00 360 E. Isabella 66 X 132 Yes R-1 16 24-205-249-0005-00 384 Catherine 66 X 132 Yes B-1 17 24-205-266-0005-00 206 Irwin 76.5 X 158 Yes R-1 18 24-205-275-0009-00 58 E. Grand 67 X 78.5 No R-1 19 24-205-275-0011-00 1469 Jiroch · 34.85 X No R-1 33.59 20 24-205-284-0009- l 0 372 E Forest Ave. 24 X 51 No R-1 21 24-205-292-0023-l 0 1679 Terrace 54 X 130 Yes R-1 22 24-205-307-0010-00 1783 Smith 45 X 126 No R-1 23 24-205-322-0002-10 607 W. Clav 44 X 139 No H 24 24-205-371-0011-00 458Momoe 66 X 132 Yes R-1 25 24-205-376-0006-l 0 431 Momoe 33 X 132 No R-1 26 24-205-389-0008-00 352 Mason 66 X 132 Yes R-1 27 24-205-3 92-0004-00 231 Mason 32 X 132 No R-1 28 24-205-392-0012-00 1299 4tn 50 X 66 No R-1 29 24-205-408-0003-00 465 Washington 50 X 135 Yes R-1 30 24-205-418-0013-20 373 W. Grand 50x 60 No R-1 31 24-205-430-0012-00 1589 Park 50 X 134 Yes R-1 32 24-205-439-0006-l 0 408 W. Dale 45 X 100 No R-1 33 24-205-441-0016-00 1638 6 th 50 X 148 Yes R-1 34 24-215-001-0017-00 1885 Continental 40 X 128 No R-1 35 24-771-000-00 I 7-00 529 Catawba 44 X 125 No RM-I 36 24-769-000-0002-10 654 Orchard 66 X 78 Yes R-1 O:\Planning\COMMON\Property\Propcrty Acquisitions\Tax-Reverted Property Acquisition\T AX REVERTED PROPER TIES 2004.doc 5124186 L-3623 P-848 Illllll lllll lllllll llll llll lllllll lllll 1111111111111111 10/20/2004 03: 12P Page: t of 4 Mark Fairchild, Muskegon Co ROD D02 DNir QUITCLAIM PUBLIC USE DEED MICHIGAN DEPARTMENT OF NATURAL RESOURCES OFFICE OF PROPERTY MANAGEMENT No.506293 Issued under Act 451, Public Acts of 1994, as amended. THIS DEED, made this 13th day of October, 2004 BY AND BETVVEEN, the DEPARTMENT OF NATURAL RESOURCES for the STATE OF MICHIGAN, by authority of the Natural Resource and Environmental Protection Act, Act 451 of the Public Acts of 1994, being Sections 324.501 to 324.511 of the Michigan Compiled Laws, as amended, hereafter called "Granter", and /city of Muskegon ,j Planning Department 933 Terrace Street P.O. Box 536 Muskegon, Michigan 49443 hereafter called "Granteen. WITNESS, thatthe Granter, acting for and in behalf of the State of Michigan by authority of Act 451, P.A. 1994, as amended, and for the sum of Nine Hundred Twenty and No/100 ($920.00) DOLLARS paid to it by Grantee, hereby grants, conveys, and quit~claims unto the Grantee and to Grantee's successors and assigns, for Public purposes, all the right, title and interest acquired by the State of Michigan in and to the following described land located in the County of Muskegon, State of Michigan: City of Muskegon T10N, R16W, Section 21; The East66 feet of the West 544.5 feet of the North 165 feet of the SW¼ of the SW ¼ of the SW ¼ EXCEPT the North 33 feet for street purposes Parcel #24-121-300-0116-00 877 Amity City of Muskegon Revised Plat of 1903 Lot 12, Block 43 Parcel #24-205-043-0012-00 462White Lot 10, Block 68 Parcel #24-205-068-0010-00 438 E. Isabella The North ½ of Lot 6, Block 69 Parcel #24-205-069-0006-00 1060Williams The East 32 feet of the North 44.5 feet of Lot 7 AND Lot 8 EXCEPT the East 20 feet, Block 69 Parcel #24-205-069-0008-00 492 E. Isabella CONTINUED ON EXHIBIT A It is expressly understood that \A/hen the above described land is no longer needed by the Grantee and sold for a valuable consideration, the proceeds from any such sale, in excess of expenditures for acquisition or improvemen~ shall be acx:ounted for to the state and the local units of Government pro rata according to their several interests therein arising from the non-payment of taxes and special assessments thereon as appear in the offices of the Sate Treasurer, County, City, Village orTow,ship Treasurers. Exemption from Slate Transfer Tax is daimed under authority of Sedion 6(h)(i), Act 255, PA 1994 (207.526, Michigan Com pi~ Laws), Exemption from County Real Property Transfer Fee is daimed under authority of Sedion 5(h), Act 134, PA 1966 (207.505, Michigan Compled Laws). PR 6304-02 (Rev. 06/15/2004) SAVING AND RESERVING unto the State of Michigan, all aboriginal antiquities including mounds, earthworks, forts, burial and village sites, mines or other relics and also reserving the right to explore and excavating for the same, by and through its duly authorized agents and employees, pursuant to the provisions of part 761, Aboriginal Records and Antiquities, of the Natural Resources and Environmental Protection Act, Act 451 of the Public Acts of 1994, as amended. The terms of this conveyance prohibit the severance of the oil, gas, mineral and other subsurface rights associated with this conveyance from the surface rights. If the oil, gas, mineral or other subsurface rights are ever severed from the surface rights, the severed oil, gas, mineral or other subsurface rights will revert to the State of Michigan. The terms of this conveyance shall extend to the heirs, executors, administrators, successors and assigns of the parties hereto. This property· may be :ocated within the vicinity of farmlands or a farm operation. Generally accepted agricultural practices, which may generate noise, dust, odors, and other associatec: conditla;;s may be ur.ed and are protected by the Michigan Right to Farm Act. IN WITNESS WHEREOF, the Granter, by its Manager, Real Estate Services, has signed and affixed the seaJ of the Department of Natural Resources. DEPARTMENT OF NATURAL RESOURCES FOR THE STATE OF MICHIGAN By:~-£-te~ Robert L. Couvreur, Manager Real Estate Services Office of Land and Facilities STATE OF MICHIGAN County of Ingham } ss. The foregoing instrument was acknowledged before me this 13th day of October, 2004, by Robert L. Couvreur, Real Estate Services, Office of Land and Facilities of the Department of Natural Resources for the Ste.te of Michigan_ Deborah K. Strzelec, Nary Public State of Michigan, County of Ingham My Commission Expires: August 22, 2008 Acting in the County of Ingham Prepared by: Debbie Strzelec OFFICE OF LAND AND FACILITIES MICHIGAN DEPARTMENT OF NATURAL RESOURCFS POBOX30448 LANSING Ml 48909-7948 5124186 Illllll lllll lllllll llll llll lllllll lllll Il lllll llll llll L-3623 P-848 1012012004 03: 12P Mark Fairchild, Muskegon Cq ROD DO2 Page: 2 qf 4 EXHIBIT A FOR PUBLIC USE DEED NO, 506293 City of Muskegan Revised Plat 1903 The East ½ of Lot 8, Block 76 Parcel #24-205-076-0008-1 O 572 Catherine The West 35 feet of lot 3, Block 79 Parcel #24-205-079-0003-00 437 Catherine The South 46 feet of lot 6 AND the South 46 feet of the West 12 feet of Lot 5, Block 85 Parcel #24-205-085-0006-20 1230 Holt Lot 2, Block 94 Parcel #24-205-094-0002-00 449 McLaughlin All that part of Lot 8, Block 146, lying NW'ly of the State Highway ROW Parcel #24-205-146-0008-00 431 Seaway Drive Lots 1 and 2 AND the N'!y 19 feet of Lot 3, Block 188; ALSO the E'ty ½ of the adjacent vacant alley Parcel #24-205-188-0001-00 881 Pine Lot 13, Block 206 Parcel #24-205-206-0013-00 206 Myrtle The East½ of Lot 2, Block 209 Parcel #24-205-209-0002-00 239 Amity The West 87.5 feet of Lot 4, Block 240 Parcel #24-205-240-0004-00 1282 Arthur Lot 6, Block 247 Parcel #24-205-247-0006-00 360 E. Isabella Lot 5, Block 249 Parcel #24-205-249-0005-00 384 Catherine Lot 5, Block 266 Parcel #24-205-266-0005-00 206 Irwin The West½ of Lot 9 AND the West½ of the South 14.25 feet of Lot 8, Block 275 Parcel #24-205-275-0009-00 58 E. Grand Part of Lot 11, Block 275 described as commencing at the NW corner of said lot for the POB; th S 00'30' W 34,55 feet; th S 89"50' W 33.59 feet; th North 34.85 feet; th W'ly 33.58 feet to the POB Parcel #24-205-275-0011-00 1469 Jiroch The East½ of Lot 9 AND the South 25 feet of the East 42 feet of Lot 8, Block 284 Parcel #24-205-284-0009-1 O 372 E. Forest Avenue The South 54 feet of Lot 23, Block 292 Parcel #24-205-292-0023-10 1679 Terrace Lot 1OAND the South ½ of Lot 11, Block 307; ALSO the North ½ of the adjacent vacant alley Parcel #24-205-307-0010-00 17B3 Smith 5124186 L-3623 P-848 Illllll lllll lllllll llll llll lllllll lllll 1111111111111111 10/2012004 03,12P Page: 3 of 4 Mark Falrchi Id, Muskegon Co ROD D02 City of Muskegon Revised Plat of 1903 The East 2/3 of Lot 2, Block 322 Parcel #24-205-322-0002-1 o 607 W. Clay Lot 11, Block 371 Parcel #24-205-371-0011-00 458 Monroe The NE'ly ½ of Lot 6 AND the NE'ly ½ of the W'ly 33 feet of the SW'ly 66 feet of Lot 7, Block 376 Parcel #24-205-376-0006-10 431 Monroe Lot 8, Block 389 Peret~! #24-2!l!5-389-0008-00 352 Mason The West 32 feet of Lot 4, Block 392 Parcel #24-205-392-0004-00 231 Mason The Northwest 50 feet of Lot 12, Block 392 Parcel #24-205-392-0012-00 1299 4th Lot 3, Block 408 Parcel #24-205-408-0003-00 465 Washington The East 50 feet of the North 60 feet of Lots 13 and 14, Block 418 Parcel #24-205-418-0013-20 373 W. Grand Lot 12, Block 430 Parcel #24-205-430-0012-00 -1539 Park The West 45 feet of the East 85 feet of Lots 6 and 7, Block 439 Parcel #24-205-439-0006-10 408W. Dale Lot 16, Block 441 Parcel #24-205-441-0016-00 1638 6th City of Muskegon Continental Addition Lot 17, Block 1 Parcel #24-215-001-0017-00 1885 Continental City of Muskegon Subdlvision of Block 95 Lot 17 Parcel #24-771-000-0017-00 529 Catawba 5124186 [~!~I {IIII IIIIIII IIII IIII IIIIIII IIIIIIll lllll llll llll aJretuld, Muskegon Co ROD 00 2 L-3623 P-848 10/20/2004 03: 12P Page; 4 of 4 Date: June 25, 2004 To: Honorable Mayor and City Commissioners From: Ric Scott RE: Leaking Underground Storage Tank Proposals SUMMARY OF REQUEST: To extend the contract with ERM to begin the closures of the contaminated sites at Hartshorn Marina and Restlawn Cemetery. FINANCIAL IMPACT: $5,850 Hartshorn Marina $15,900 Restlawn Cemetery BUDGET ACTION REQUIRED: Will need to adjust the Cemetery Budget. The Marina should not need adjustment. STAFF RECOMMENDATION: Approve COMMITTEE RECOMMENDATION: Date: June 25, 2004 To: Honorable Mayor and City Commissioners From: Ric Scott Re: Leaking Underground Storage Tank Proposals Many years ago, the city bid out for contractual services to deal with leaking underground storage tanks at both Hartshorn Marina and Restlawn Cemetery. ERM was awarded the contract and the tanks were removed and clean up started. With the changing regs with DEQ, i t was decided to do nothing for some time to see what changes in the DEQ requirements might do to reduce our closure costs. Eric Gielow of our attorney's staff is recommending that we complete the clean up. Because ERM has the original contractor and they have all the backup data, Mr. Gielow requested a new proposal from ERM to complete this work. This is how similar projects have been done in the past throughout the city, as this is the least expensive way to get the work done. ERM submitted a proposal for Hartshorn at $5,850 and for Restlawn at $15,900. Mr. Gielow has reviewed the proposals and is recommending that we approve the proposals. The Cemetery Budget will need to be changed to reflect this work. The Marina will pay for the work within the current budget. I would ask that you approve the contracts with ERM for the clean up of Hartshorn Marina and Restlawn Cemetery. Thank you for your consideration. PARMENTER O'TOOLE Attorneys at Law John M. Briggs, Ill Michael l. Rolf Scott R. Sewick George W. Johnson 175 West App!e Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786 Jeffery A. Jacobson W. Brad Groom Dawn M. Goodwin Eric R. Gielow Phone 231.722.1621 ■ Fax 231.722.7866 or 231.728.2206 Thad N. McCollum John C. Schrier www.Parmenterlaw.com Christopher L. Kelly Linda S. Kaare OfC01111sel James R. Scheuerte Thomas J. O'Toole Philip M. Steffan Eric J. Fauri Wil!iamJ. Meler Michael M. Knowilon Ke!th L. McEvoy George A. Parmenter, 1903-1993 Anna Urick Duggins Scott M. Knowlton June 21, 2004 Mr. Ric Scott Dept. of Leisure Services City of Muskegon 933 Terrace Street P.O. Box 536 Muskegon,MI 49443-0536 Re: ERM Proposals - Restlawn Cemetery and Hartshorn Marina Our File 00100.7 Dear Ric: We have reviewed the June 9, 2004 proposals developed by ERM for the above-referenced sites. The work proposed by ERM is responsive to DEQ requests and appears to meet the requirements of Parts 201 and 213 of the Natural Resources and Environmental Protection Act (NREPA), Act 451, as amended, with regard to investigation and delineation of contamination at those sites. Please sign the Notices to Proceed where indicated and return them to my attention (an envelope has been provided for your use). We will attend to forwarding the signed notices to ERM. I am enclosing a copy ofERM's Master Consulting Agreement for your information. Should you have any questions, don't hesitate to call. Very truly yours, ~ Eric R. Gielo 231.722.5427 231. 728.2206 Fax erg@parmenterlaw.com Encl. G:\EDSI\Jl!LES\OOI00\7\LTRlllM!794.DOC AGENDA ITEM NO. _ _ _ _ _ __ CITY COMMISSION MEETING July 13. 2004 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: July 12, 2004 RE: Local Law Enforcement Block Grant - Joint Spending Agreement SUMMARY OF REQUEST: To approve a joint spending agreement with the County for the City's Local Law Enforcement Block Grant (LLEBG). This is required because the U.S. Department of Justice has determined that disparate funding exists. FINANCIAL IMPACT: City of Muskegon $23,331 Muskegon County $ 8, 983 (use is for jail security services) $32,314 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the above distributions. AGENDA ITEM NO. - - - - - - - - CITY COMMISSION MEETING July 13, 2004 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: July 13, 2004 RE: Application for Grant Funding for Fisherman's Landing SUMMARY OF REQUEST: To support a grant application for funding for new restroom and shower facilities at Fisherman's Landing. FINANCIAL IMPACT: None. Any grant match will be provided by Fisherman's Landing, Inc. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To support a grant application and authorize staff to sign appropriate application documents and provide letter of support and/or resolution executed by Mayor and City Clerk. COMMITTEE RECOMMENDATION: The City Commission reviewed this matter at their work session on July 12, 2004. Commission Meeting Date: July 13, 2004 Date: June 23, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development q3C.. RE: Public Hearing - Request for an Industrial Facilities Exemption Certificate - SAPPI Fine Paper North America SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, SAPP! Fine Paper North America, 2400 Lakeshore Drive, has requested the issuance of an Industrial Facilities Exemption Certificate. Since the total capital investment for this project is $13,500,111 in personal property, this request qualifies for a 9-year exemption. The project will not create any new employment opportunities, but will retain 500 jobs currently at the plant. FINANCIAL IMPACT: The City will capture certain additional property taxes generated by the expansion (see attached Summary Sheet). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for a term of (9) years. COMMITTEE RECOMMENDATION: None 6/23/2004 1 Resolution No. 2004-62 (a) MUSKEGON CITY COMMISSION RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE SAPP/ FINE PAPER NORTH AMERICA WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on December 14, 1983, this Commission by resolution established an Industrial Development District as requested by S.D. Warren Company, 2400 Lakeshore Drive, Muskegon, Michigan 49441; and WHEREAS, SAPPI Fine Paper North America has filed an application for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to a new machinery and equipment to be installed within said Industrial Development District; and WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on July 13, 2004, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before June 14, 2004, the date of the acceptance of the application for the issuance of an Industrial Facilities Tax Exemption Certificate; and WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted. NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon, Michigan that: 1) The Muskegon City Commission finds and determines that the Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Muskegon. 2) The application of SAPP! Fine Paper North America, for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to installation of new machinery and equipment on the following described parcel of real property situated within the City of Muskegon to wit: Blks 598, 599,600,601,602, 603, & 604, excluding Wly 260 ft. also Richards street vacated from N line Lakeshore Drive to Shore of Muskegon Lake excluding C & 0 ROW also Lot 19 Blk 597 excluding com @ SE corner said Lot 19 thence Nwly on Ely line said Lot 125 ft. thence Wly 70 ft. thence Sely 125 ft. to S line said Lot thence Ely 70 ft. to POB. 3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and effect for a period of nine (9) years on personal property. th Adopted this 13 Day of July 2004 Ayes: Gawron, Larson, Shepherd, Spa taro, Warmington, Carter Davis Nays: None Absent: None CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at regular meeti g held on July 13, 2004. Mrchigom Dl!par1menl of Trea~ury, STC 1012 F!ev. 4/04) APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE Issued under authority of P.A. 198 of 1974, as amended. Filing is mandatory. INSTRUCTIONS: File the original and two copies of this form and the required attachments (three complete sets) with the clerk of the local government unit. The State Tax Commission (STC) requires two complete sets (one original and one copy). One copy is retained by the clerk. If you have any questions regarding the completion of this form or would like to request an information al packet, call (517) 373-3272 Signalurn of Clerk STC UseOnl Application Number Date Received by STC APPLICATION INFORMATION All boxes must be completed 1a. Company Name {Applicant must be !he occupanVoperator of the facility 1b. Slandard Industrial Classification {SIC) Code Sec. 2(10) (Four Digit Code) Saooi Fine Paoer North America 2621 1c. location of Facility {Street, City, Stale, ZIP) 1d. Name of Clty/TownshlpNlllage 1e. County 2400 Lakeshore Drive, Muskegon, Ml 49443 (Indicate which) Muskegon 2. Type of Approval Requesled 181 NEW (SEC. 2(4)) Citv of Muskeaon 3. School District Where Facl!lty Is Located Muskeaon I61010 a. School Codo 0 SPECULATIVE BUILDING (SEC. 3(8)) 0 TRANSFER (1 copy to only) 4. Amount of years requested for exemption (1 - 12 Years) 9 years after completion of project 0 RESEARCH and DEVELOPMENT (SEC.2(9)) 0 REHABILITATION (SEC. 3(1)) 5. Thoroughly describe lhe project for which exemption Is sought: Real Proper1y (Type of Improvements to land, Bullding, Size of Addition); Personal Property {Expla!n New, Used, Transferred from Out-of-Stale, etc.) and Proposed Use of Facility. (Please allach additional pages(s) if more room Is needed). The applicant is engaged in the manufacturing of high-quality coated commercial printing paper products. The projects proposed herein will be used to improve the applicant's production process and thus permit applicant to be more cost competitive in the paper industry. 6a. Cost of land and building Improvements {excludlng cost of land} ............................................................ ~.:...t..:..:..l..:..!.' . . . . . . ., ... ., . . . . . . . . . . . . . . , •• .,.,. * Attach 11st of improvements and associated costs. Real Properly Costs Real Property Costs * Also attach a copy of building permit if project has already begun • Pollution Control $4,855,394 6b. Cost of machinery, equipment, furniture and fixtures ..................................................................... , ..... ........ ~8644 717.. ... ···•···""'·"·' * Attach itemized listing with month, day and year of beginning of installation plus total costs Personal Property Casts Personal Property Cosls 6c. Total Project Costs ................................................................................................................................................ ......... ~13,500,111 .................. Total of Real & Personal Casis 7. Indicate lhe time schedule for start and finish of construction and equipment fnslallalion, Projects must be completed within a two year period of the effecUve date of U1e certificate unless otherwise approved by the STC. Begin Date (M/D/Y) End Date CM/D/Y) Real Property Improvements ............. ,, ............... ···································· D Owned D Leased Personal Property Improvements ... 1/1/2004 .. .. .... 11/8/2004 181 Owned D Leased 8. Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (MEDC)? If yes, applicant must attach a signed MEDC Letter of Commitment to receive this exemption. D Yes 181 No 9. Number of existing job~ at this facility that will be retained as a result of this project. 10. Number of new jobs at this facility expected to be created 500 within two years of project completion. N/A 11. Rehabilitation applications only: Complete a, b, and c of this section. You must attach6 the assessor's statement of valuation for the entire plant rehabilitation district. The SEV date below must be as of December 31 of the year prior lo the rehabilitation. a. SEV of Real Property (excluding land) ............................................................................................... =f'l/.8..,_, .................................. b. SEV of Personal Property (excluding Inventory) ............................................................................................ NIA .. •• ........ ,................ · ...... c. Total SEV ............................................................................................................................................. MIA ................ · ·················· 12a. Check the type of District the facility is located in: 181 Industrial Develoomenl District D Plant Rehabilitation District 12b. Date district was established by local government unit 12c. Is this application for a speculative building (sec. 3(8)) 12/13/83 D Yes 181 No Continue on Page 2 10!2 (page 2) APrLICANT CERTIFICATION The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way and that all are trul}' descriptive of the industrial property for which this application is being submitted. It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207.572, inclusive, of the Michigan Complied Las: and to the best of his/her knowledge and belief, (s)he has complied or will be·,able to comply with all of the rcquiIernents thereof which are prerequisite to the approval of the application by the local unit of government and the Issuance of an Industrial Facilities Exemplion Certificate bv the State Tax Commission. 13a. Preparer Name 13b. Phone Number 13c. Fax Number 13d. E•mail AddreG~ Cindv Hendon I Valu Tee, Inc. 260-490-2121 260-490-1707 chendonlmvalutec.corn 14a. Name of Contact Person 14b. Phone Number 14c. Fax Number 14d. E•mail Address Same as 13a. 15a. Name of Company Officer (No Aulhoriz, d tFf"\ John O'Brien 15b. Signalure of Company Officer (~._: i s) 15c. Dale 1.l-- ·1 \ ' \ .T1·-- Q ")nf\A 15d. malling Address (Slreel, Cily, Slale, Zt n'-.....l , 15e. Phone Number 15f. E-mail Address 2400 Lakeshore Dr. Mus eaon. MI 231 759 5242 ;r"\1-.- ,.....l'--~.t .... ...,r.i,,..,.._,,.,...• LOCAL GOVERNMENT ACTION & CERTIFICATION This section must be completed by the clerk of the local governing unit before submitting application to the State Tax Commission. Check Items on file at com the Local Unit and those included with the submittal. 16. Action taken by local government unit 16b.The Stale Tax Commission Requires !he following documants be 0 Abalement Approved for ..................... Years (1-12) filed for an admintstratively complete application: After Completion□ Yes D No 12] 1. Original Application plus attachments, and one complete copy D Denied (Include Resolulion Denying) D 2 Resolution establishing district D 3. Resolution approving/denying application 16a. Documents Required to be on file with the Local Unit 181 4. Loller of Agreement (Signed by local unit and applicant) Indicate N/A If Not Applicable 181 5. Affidavit of Fees (Signed by local unit and applicanl) D 1. Notice to the public prior to hearing establishlng a district □ 6. Buildlng Permit for real Improvement if project has alroady begun □ 2. Notice to taxing authorltles of opportunity for a hearing, 181 7. Equipment Ust with dates of beginning of installation □ 3. List of taxing aulhorltles notified for district and application action. □ 8. Fonn 3222 (If applicable) □ 4. Lease Agreement showing applicants tax liability. □ 9. Speculative building resolution and affidavits (if applicable) 12b. Date district was established by local government unlt 12c. Is !his application for a speculalivo building (soc. 3(8)) 0 Yes □ No 17. Name of Government Body Attached hereto Is an original and one copy of the application and all documents listed In 16b. I also certify that all documents listed In ·16a are on file at the local unit for Inspection at any time. 19a. Signature of Clerk 19b. Name of Clerk 19c. E-mail Address 19d. Clerk's Mailing Address (Slreel, City Slale, ZIP) 19e. Phone Number 19J Fax Number State Tax Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31 each year will be acted upon by December 31. Application received after October 31 may be acted upon in lhe following year Local Unit: Mail one original and one copy of the completed application and all required attachments to: State Tax Commission Michigan Department of Treasury P.O. Box 30471 Lansing, Ml 48909-797 t STC USE ONLY .;, )•• ,,· \-,~-/.\; .. LUCI Code Begin Date End Dale End Date2 City of Muskegon Industrial Facilities Exemption Application Summary Sheet Project Summary: SAPPI FINE PAPER - NORTH AMERICA, an existing manufacturing company located at 2400 Lakeshore Drive, Muskegon, Michigan, is installing new machinery and equipment to expand its present operation. The company manufactures high quality coated commercial printing paper products. Due to the fact that the company is investing more than $13 million, it is eligible for the three (3) year investment bonus in addition to the standard six (6) year exemption for personal property. Employment Information: Racial Characteristics: White 463 (84%} Minority 84 (16%} Total 547 Gender Characteristics: Male 477 (87.2%} Female 70 (12.8%} Total 547 Investment Information: Real Property: $0 Personal Property $13,500,111 Total: $13,500,111 Property Tax Information (Annual} All Jurisdictions City Only Total New Taxes Generated $378,003 $67,500 Value of Abatement $189,002 $33,750 Total New Taxes Collected $189,002 $33,750 Income Tax Information: (Annual} Total Additional Income Tax Generated: $0 Company Requirements: Adopted Affirmative Action Policy IV Yes □ No Meeting w/ City Affirmative Action Director Ill-"' Yes □ No Signed Tax Abatement Contract o:v"Yes □ No Taxes Paid In Full 11' Yes □/No Zoning Conflicts □ Yes l'I No /J //1) . (\L¾\ uJ'- Lonna Anguilm Assistant Planner CITY OF MUSKEGON LEGAL NOTICE NOTICE IS HEREBY GIVEN that public hearings will be held concerning the issuance of an Industrial Facilities Exemption Certificate for Sappi Fine Paper North America, 2400 Lakeshore Drive, Muskegon, Michigan, as provided for by Act 198 of the Michigan Public Acts of 1974 as amended. The hearing will be held by the City Commission of the City of Muskegon on July 13, 2004, at 5:30 p.m. at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan. Owners of property and any residents or taxpayers of the City of Muskegon shall have the right to appear and be heard. Gail Kundinger, City Clerk Publish: July 3, 2004 Commission Meeting Date: July 13, 2004 Date: June 29, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development (J/!,(,-- RE: Public Hearing - Request for the Establishment of an Industrial Development District - Northern Machine Tool Company SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Northern Machine Tool Company, 761 Alberta Avenue, Muskegon, Michigan, has requested the establishment of an Industrial Development District for property located at 2380 Henry Street, Muskegon, Michigan. The project will result in the creation of 3 new jobs and $770,000 in private investment. FINANCIAL IMPACT: Certain additional income and property taxes will be collected. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution establishing the Industrial Development District for Northern Machine Tool Company. COMMITTEE RECOMMENDATION: None 6/29/2004 Resolution No. 2004-62(b) MUSKEGON CITY COMMISSION RESOLUTION APPROVING REQUEST FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT Northern Machine Tool Company WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, the City of Muskegon has the authority to establish an "Industrial Development District" within the City of Muskegon; and WHEREAS, Northern Machine Tool Company, 761 Alberta Avenue Muskegon, Michigan, has requested the City of Muskegon to establish an Industrial Development District on property located at 2380 Henry Street, Muskegon, Muskegon hereinafter described; and WHEREAS, Northern Machine Tool Company will locate production facilities within the Industrial Development District; and WHEREAS, construction, acquisition, alterations, or installation of a proposed facility has not commenced at the time of filing the request to establish this district; and WHEREAS, written notice has been given by mail to all owners of real property located within the proposed district, and to the public by newspaper advertisement in the Muskegon Chronicle and public posting of the hearing on the establishment of the proposed district; and WHEREAS, a public hearing on the establishment of an Industrial Development District was held on July 13, 2000, at the regular City Commission meeting at the Muskegon City Hall at which time all of the owners of real property within the proposed district, all residents and taxpayers of the City of Muskegon, and the affected taxing jurisdictions were afforded an opportunity to be heard thereon. NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission deems it to be in the best interest of the City of Muskegon that the following described land situated in the City of Muskegon, Muskegon County, and the State of Michigan, to wit: CITY OF MUSKEGON SEC 31 T"10N R16WN 153.12 FTOFS 178.87 FTOFW209 FT OFNWFLY¼ OFSW¼ SEC31 T10NR16WW33FTUSEDFORST Be and here established as an Industrial Development District pursuant to the provisions of Act 198 of the Public Acts of 1974 to be known as Northern Machine Tool Company District No. 2004-62 ( b) BE IT FURTHER RESOLVED that the Industrial Development District will be rescinded following the completion of capital acquisition and/or improvement activities. Resolution declared adopted. Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Dav is, Gawron Nays: None Absent: None CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on July 13, 2004. . ~ JJo..J..> ' Gail Kundinger, MMC Clerk Commission Meeting Date: July 13, 2004 Date: June 29, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Developmentc.6:,, RE: Public Hearing - Request for an Industrial Facilities Exemption Certificate - Northern Machine Tool Company SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Northern Machine Tool Company, 761 Alberta Avenue, has requested the issuance of an Industrial Facilities Exemption Certificate for the property located at 2380 Henry Street, Muskegon. The total capital investment for this project is $450,000 in real property and $250,000 in personal property for a total of $700,000 and will create 3 new employment opportunities. This request qualifies Northern Machine Tool Company for a 12-year exemption for real property and a 6-year exemption for personal property. Northern Machine Tool Company's current workforce is 45. FINANCIAL IMPACT: The City will capture certain additional property taxes generated by the expansion (see attached Summary Sheet). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for a term of twelve (12) years for real property and six (6) years for personal property. COMMITTEE RECOMMENDATION: None 6/29/2004 Resolution No. 2004-62 ( c) MUSKEGON CITY COMMISSION RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NORTHERN MACHINE TOOL COMPANY WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on July 13, 2004, this Commission by resolution established an Industrial Development District as requested by Northern Machine Tool Company, 2380 Henry Street, Muskegon, Michigan 49441;and WHEREAS, Northern Machine Tool Company has filed an application for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to a building expansion and new machinery and equipment to be installed within said Industrial Development District ; and WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on July 13, 2004, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and WHEREAS, the building expansion and installation of machinery and equipment has not begun as of July 13,2004;and WHEREAS, the building expansion and installation of machinery and equipment is calculated to and will have the reasonable likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted. NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon, Michigan that: 1) The Muskegon City Commission finds and determines that the Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Muskegon. 2) The application of Northern Machine Tool Company, for the issuance of an Industrial Facilities Tax Exemption Certificate with respect to the building expansion and installation of new machinery and equipment on the following described parcel of real property situated within the City of Muskegon to wit: CITY OF MUSKEGON SEC 31 T10N R16WN 153.12FTOF S 178.87FTOF W209FT OF NW FLY¼ OF SW¼ SEC 31 T10N R16W W 33 FT USED FOR ST 3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and effect for a period of twelve (12) years on real property and six (6) years on personal property. th Adopted this 13 Day of July 2004 Ayes: Shepherd, Spa taro, Warmington, Carter, Davis, Gawron Larson Nays: None Absent: None CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular mee ·ng held on July 13, 2004. Commission Meeting Date: Jluly 13, 2004 Date: May 17,2004 To: Honorable Mayor & City Commission From: Planning & !Economic Development Department RE: Public Hearing for Amendments to Brownfield Plan- Art Works Apartments SUMMARY OF REQUEST: To hold a public hearing and approve the attached resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by Boiler Works, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the redevelopment of the property into an Art Works space (with residential and gallery space) will add lo the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold the public hearing and approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. LEASE This Lease was entered into as of & ~ / , 2004 between Triple 0 Enterprises, LLC, a Michigan limited liability pany, of761 Alberta Avenue, Muskegon, Michigan 49441 ("Landlord") and Northern Machine Tool Company a Michigan corporation, of 761 Alberta Avenue, Muskegon, Michigan 49441 ("Tenant"). Landlord and Tenant agree as follows: 1. Description of Premises. Landlord leases to Tenant, and Tenant rents from Landlord, the property located at 2380 and 2390 Henry Street, Muskegon Michigan (the "Premises"). Tenant has inspected the Premises, and agrees to accept the Premises in its present "as is" condition. The Premises is legally described on Exhibit A. 2. Term. The term of this lease (the "Term") shall commence on the date Landlord closes on the purchase of the Premises, and shall terminate on December 31 , 2010, unless sooner terminated under the other terms of this Lease. If Tenant continues to use the Premises after expiration of the Term, Tenant shall become a tenant from month to month, at the rental and upon the same terms and conditions specified in this Lease. 3. Use of Premises. Tenant may use the Premises for the operating of a machine shop and tool and die manufacturing and for any other purpose not prohibited to Tenant under any laws and regulations to which Tenant or the Premises are subject. 4. Rent. Tenant shall pay to Landlord, as rent, an amount equal to $3.00 per square foot per year based on the final square footage of the building constructed on the Premises. The rent will be paid in equal monthly installments commencing on the day Landlord closes on the purchase of the Premises. Rent for the first month shall be prorated based on the actual number of days of the first month that Landlord owns the Premises. Thereafter, monthly installment of rent shall be paid in advance on the first day of each month during the Term. The rental provided for in this Lease shall be an absolute net return to Landlord for the Term, free from any offset for losses, expenses or charges with respect to the Premises, including maintenance, repair, insurance, taxes, assessments or other charges imposed upon or related to the Premises, or with respect to any easements or rights appurtenant thereto. 5. Taxes. Tenant shall pay, prior to the imposition of any penalty or interest, all real and personal property taxes, installments of special assessments and other governmental charges of any kind which become due during the Term and which are levied against the Premises, the leasehold estate or subleasehold estate (including any and all taxes imposed by the United States of America, or any state, municipality or political subdivision thereof), without proration. Landlord shall be responsible for all real prope11y taxes and special assessments that become due prior to or after the Term without proration. 6. Insurance and Indemnity. a. Tenant shall, at its own cost and expense, procure and maintain in full force and effect fire and extended coverage insurance with an all-risk endorsement on the Premises for its full insurable replacement cost (excluding foundations and excavation). - 1- b. Tenant shall, at its sole cost and expense, procure and maintain in full force and effect during the Lease term, comprehensive public liability and property damage insurance for claims of personal injury, death or property damage occurring in, about or as a result of the use of the Premises, with single limit liability coverage of not less than $1,000,000. c. All insurance policies required hereunder, which may be so-called "blanket policies," shall: (i) name Landlord, Tenant, and any mortgagees as insureds; (ii) be payable as provided in paragraph 11; and (iii) be purchased from companies reasonably satisfactory to Landlord. d. Subject to the provisions of paragraph 11, Tenant shall indemnify and hold Landlord and any mortgagees harmless from all claims, demands, actions, losses, damages and liabilities and all fees, costs and expenses (including reasonable attorneys' fees) relating to or in any way arising with regard to the Premises or from the use of the Premises, from any cause whatsoever. e. Tenant, for itself and its respective successors and assigns (including any person, firm or corporation which may become subrogated to any of its rights), waives any and all rights and claims for recovery against Landlord, and its officers, employees, agents, and assigns, or any of them, on account of any loss or damage to any of its property insured under any valid and collectible insurance policy or policies, to the extent of any recovery collectible under such insurance policies. 7. Construction Liens. Tenant shall keep the Premises free from any liens arising out of any work performed thereon, materials furnished thereto or obligations incurred by Tenant. Tenant shall indemnify, defend and hold Landlord harmless against all liability, loss, damage, costs and all other expenses arising out of claims of lien for work performed or materials furnished to or for the benefit of Tenant. 8. Repairs and Maintenance. Tenant shall keep and maintain the Premises, and every part thereof, including, but not limited to, all structural, nonstructural, roof, interior and exterior portions of the buildings and improvements located upon the Premises, in good and sanitary order, condition and repair, and will deliver the same to Landlord at the expiration of the Term in as good a condition as when received, except for reasonable use and wear thereof. 9. Alterations or Improvements. Tenant may, at its expense, make what alterations, improvements, additions, and changes to the Premises it deems necessary or expedient in the operation of the Premises. Tenant shall not, however, without Landlord's written consent, tear down or materially demolish any improvement on the Premises, or make any material change or alteration, if the improvement, when completed, will substantially diminish the value of the Premises. Tenant shall not make any change in or alteration to the Premises which violates the terms of any mortgage then a lien upon the Premises, or of any policy of insurance in force with respect to the Premises. All alterations, improvements or additions to the Premises shall become the property of Landlord and be surrendered with the Premises at the termination of this Lease. I 0. Utilities. During the Term, Tenant shall pay for all gas, heat, light, power, water, sewer, telephone or other communication service, janitorial services, garbage disposal and all -2- other utilities and services supplied to Tenant upon the Premises. Landlord shall not be liable to Tenant for damages or otherwise for any failure or interruption of any such service furnished to the Premises. I 1. Restoration. a. If the Premises is damaged or destroyed, in whole or in part, Tenant shall repair, restore, replace or rebuild the Premises, or the part thereof so damaged, as nearly as possible to the value, condition and character of the Premises immediately prior to the occurrence of such damage or destruction. Tenant shall not be entitled to an abatement of rent during the construction period. b. All insurance proceeds payable as a result of any damage to or destruction of the Premises shall be paid to Landlord or any mortgagee designated by Landlord and be disbursed as reconstruction work progresses. If the insurance proceeds are insufficient to pay for all restoration work, then Tenant shall pay any additional amounts necessary to restore the Premises, prior to disbursement of the insurance proceeds. Upon completion of the restoration, and payment for all restoration work, all remaining insurance proceeds shall be retained by Landlord or any mortgagee designated by Landlord. c. Notwithstanding the foregoing provisions of this paragraph 12, if the damage to or destruction of the Premises cannot be repaired within 120 days of the damage, either Landlord or Tenant may terminate this Lease by giving 10 days' prior written notice to the other party within 30 days after the damage or destruction occurs. If the Lease is terminated pursuant to this paragraph, all insurance proceeds payable as a result of the damage or destruction shall be retained by Landlord or any mortgagee designated by Landlord. 12. Condemnation. Ifall or any substantial part of the Premises is taken or condemned by a governmental authority, or shall be conveyed by Landlord to a governmental authority under a threat of such taking or condemnation, the rights and obligations of Landlord and Tenant with respect to such taking or condemnation shall be as provided in this paragraph. If25% or more of the gross floor area·ofthe buildings located upon the Premises is so taken, condemned or conveyed, or if the Premises is rendered unsuitable for Tenant's use, this Lease shall terminate as of the date of such taking, condemnation or conveyance, and rent shall be prorated as of such date. If less than 25% of the gross floor area of the buildings located upon the Premises is taken, condemned or conveyed, and the Premises remains suitable for the Tenant's use, this Lease shall remain in effect; provided, however, that the rent payable by Tenant shall be reduced for the remainder of the Term in the same proportion which the number of square feet of gross floor area within the buildings located upon the Premises following such taking, condemnation or conveyance bears to the number of square feet of gross floor area within the buildings located upon the Premises prior to such taking, condemnation or conveyance. To the extent that the award made for the taking is available to Landlord, Landlord shall, at its own cost and expense, make all necessary repairs or alterations to the Premises so as to constitute the portion of the Premises not taken as a complete unit, and Tenant shall have no obligation to make any such repairs or alterations. Landlord shall be entitled to the entire award made for any taking, condemnation or conveyance, except that Tenant shall not be precluded from pursuing any claim directly against the condemning authority for its loss. -3- 13. Assignment and Subletting. Tenant may not assign this Lease or sublet all or any part of the Premises at any time during the Term of this Agreement without the prior written consent of Landlord, which may be withheld for any reason. The sale, issuance, or transfer of any voting capital stock of Tenant which results in a change in the voting control of Tenant shall be deemed to be an assignment of this Lease which requires the Landlord's prior written consent under this paragraph 14. Sale or purchase of capital stock to or from employees or issuance of stock dividends or splits shall not require approval of the Landlord. 14. Default. If default is made by Tenant in the payment of rent or in the performance of any of the conditions or covenants in this Lease, and if such default shall continue for a period of 10 days after written notice is given to Tenant by Landlord specifying the default, then Landlord shall have the right to reenter the Premises and remove Tenant and all persons therefrom and shall have the right to terminate this Lease. If default is made by Tenant and Landlord exercises its option to terminate this Lease, in addition to all other remedies now or hereafter provided to Landlord, Landlord may proceed to re-rent the Premises and collect from Tenant any deficiency between the rent payable hereunder and the rent received from any replacement tenant. 15. Quiet Enjoyment. Landlord covenants that, upon Tenant's paying the rent and performing all of the terms, covenants and conditions Tenant is to perform hereunder, Tenant shall peaceably and quietly enjoy the Premises, free of claims of paramount title or of any person claiming under or through Landlord, and free and clear of all exceptions, reservations or encumbrances other than those set fo1ih in this Lease, and those Tenant subsequently approves in writing. 16. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors and assigns. 17. Headings. The headings contained herein are for the convenience of the parties and are not to be used in construing this Lease. 18. Remedies Cumulative; Waiver. All rights and remedies of Landlord are cumulative, and not exclusive, and shall be in addition to all other rights and remedies provided by applicable law. Failure to exercise or delay in exercising any right or remedy shall not operate as a waiver thereof, nor excuse future performance. No waiver, discharge or renunciation of any claim or right arising out of a breach of these terms and conditions shall be effective unless in a writing signed by the party so waiving and supported by consideration. Any waiver of any breach shall be a waiver of that breach only and not of any other breach, whether prior or subsequent thereto. 19. Choice of Law; Invalidation of Terms. This Lease shall be governed by and construed in accordance with the laws of the State of Michigan that are applicable to leases made and to be performed in that state. The invalidation of one or more Lease terms shall not affect the validity of the remaining terms. 20. Notices. All notices shall be given in writing upon the parties. Any notice shall be deemed to have been given when personally delivered or when sent by certified mail, return receipt requested and postage prepaid. -4- 21. Amendment. This Lease represents the entire agreement between the parties. It may not be amended, altered or modified except by a writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. Landlord and Tenant have executed this Lease effective on the day and year first above written. Stephen G. Olsen, Member and: -------------- Daniel P. Olsen, Member y: Stephen G. Olsen, Pres1 - 5- Commission Meeting Date: July 13, 2004 Date: May 17, 2004 To: Honorable Mayor & City Commission From: Planning & Economic Development Department: RE: Public Hearing for Amendments to Brownfield Plan- Northern Machine Tool Expansion SUMMARY OF REQUEST: To hold a public hearing and approve the attached resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by Triple O Enterprises, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the Northern Machine Tool expansion will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold the public hearing and approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT NORTHERN MACHINE TOOL EXPANSION PROJECT City of Muskegon County of Muskegon, Michigan 2004-62(d1) Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the 13th day of July, 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 Gawron, and supported by Member Spataro: WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Brownfield Plan Amendment to add Northern Machine Tool Expansion project; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, the City Commission has provided notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and WHEREAS, not less than 20 days has passed since the City Commission provided notice of the proposed Brownfield Plan to the taxing units; and WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan on July 13, 2004. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. Definitions. Where used in this Resolution the terms set forth below shall have the following meaning unless the context clearly requires otherwise: "Eligible Property" means the property designated in the Brownfield Plan as the Eligible Property, as described in Act 381. "Brownfield Plan" means the Brownfield Plan prepared by the Authority, as transmitted to the City Clerk by the Authority for approval, copies of which Brownfield Plan are on file in the office of the City Clerk. "Taxing Jurisdiction" shall mean each unit of government levying an ad valorem property tax on the Eligible Property. 2. Public Purpose. The City Commission hereby determines that the Brownfield Plan Amendment constitutes a public purpose. 3. Best Interest of the Public. The City Commission hereby determines that it is in the best interests of the public to promote the revitalization of eligible properties in the City to proceed with the Brownfield Plan Amendment. 4. Review Considerations. As required by Act 381, the City Commission has, in reviewing the Brownfield Plan Amendment, taken into consideration whether the Brownfield Plan Amendment meets the requirements set forth in Section 13 of Act 381. 5. Approval and Adoption of Brownfield Plan Amendment. The Brownfield Plan Amendment as submitted by the Authority is hereby approved and adopted. A copy of the Brownfield Plan and all amendments thereto shall be maintained on file in the City Clerk's office. 6. No Capture of Tax Increment Revenues by Authority. The Authority shall not capture Tax Increment Revenues on the Eligible Property, as described in the Brownfield Plan Amendment. 7. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan Amendment, the City assumes no obligation or liability to the owner, developer or lessor of the Eligible Property for any loss or damage that may result to such persons from the adoption of this resolution and Brownfield Plan Amendment The City makes no guarantees or representations as to the determinations of the appropriate state officials regarding the ability of the owner, developer or lessor to qualify for a single business tax credit pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to the ability of the Authority to capture tax increment revenues from the State and local school district taxes for the Brownfield Plan. 8. Repealer. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Spataro, Warmington, Carter, Davis, Gawron, Larson, Shepherd NAYS: Members None RESOLUTION DECLARED ADOPTED. 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 Michigar:,, at a regular meeting held on July 13, 2004, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. CITY OF MUSKEGON CONTRACT FOR TAX ABATEMENT Act 198 Public Acts ofl974 AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933 Terrace Street, Muskegon, Michigan 49441, ("City") and NORTHERN MACHINE TOOL COMPANY ("Company"). Recitals: A. The Company has applied to City for the establishment of an industrial development district or industrial rehabilitation district pursuant to the provisions of Act 198 of the Public Acts of 1974, as amended, which act requires a contract between the City and the Company to be agreed and submitted with the Company's subsequent anticipated application for an industrial facilities exemption certificate. B. That in addition to the statutory requirement, the City has determined that it is in the best interests of the taxpayers, property owners and residents of the City that this Agreement be approved and executed prior to the establishment of the requested district, and the City deems this Contract, together with the conditions set forth in the said Act to constitute a necessary element in the City's determination whether or not to create the district. C. The Company intends to install the project set forth in its application ("project") which it believes qualifies for the process of establishing the district and the application for industrial facilities exemption certificate. D. The City, provided this Agreement is executed, will determine whether to create the district based upon the potential for the production of permanent jobs, the continuation, stabilization or increase of economic activity, planning and zoning considerations and the City's general plan and intentions regarding economic development. In addition to the City policy considerations and predictions that the Company's proposed district and certificate benefit the community in those ways, the City has further determined that the contractual commitments made by the Company to thereby assist the community shall be binding on the Company and necessary to continue the tax exemption made possible by the certificate. E. This contract shall become effective upon the issuance of an Industrial Facilities Tax Exemption Certificate. NOW THEREFORE THE PARTIES AGREE: I. COMPANY AGREEMENT. The Company irrevocably commits to the investment, job retention and job creation promises made in its application, a copy of which is attached hereto and incorporated herein. In particular the Company agrees: Page I 1.1 That _ _ _ _ percent of the promised new jobs shall be in place with full- time employees on or before _ _ _ _ _, 20_ _, and / () C) percent of the said jobs shall be in place with full time employees on or before ; : } ' ~ 20J2.La._ Finally, 100% of the jobs shall be filled and in existen~ll-time employees by a date no later than two (2) years from the date of the granting of the certificate by the State Tax Commission, subject to the provisions of section 3.4 of this agreement. 1.2 That the amount of jobs listed on the application, whether new or retained, will be maintained through the life of the abatement, subject to the provisions of section 3 .4 of this agreement. 1.3 The Company shall meet the affirmative action goal included in the application or in any documents supplied by the City and utilized by the Company, including any additional representations made to the City Commission on or before the date two (2) years after the granting of the certificate by the State Tax Commission. It shall maintain the said levels of employment diversity during the period of the certificate, subject to the provisions of section 3.4 of this agreement. 1.4 The Company, by the end of two (2) years from the date of the grant of the certificate by the State Tax Commission shall have completed the investment of $700,000 in the equipment and improvements as shown in the application, subject to the provisions of section 3.4 of this agreement. 1.5 That the improvements and equipment to receive the tax abatement treatment shall be completed on or before the date two (2) years from the date of granting of the certificate by the State Tax Commission. 1.6 The Company shall pay its specific taxes required by the act in a timely manner, and shall not delay payments so as to incur any penalties or interest. 1.7 The Company shall fully cooperate with the City representatives in supplying all requested and required documentation regarding jobs, investment, the meeting of all goals and the timely installation and utilization of equipment and improvements. The City shall be entitled to inspect at reasonable hours the Company's premises where the said improvements and equipment have been installed and where the said jobs are performed. 1.8 The Company shall maintain, during the entire period for which the tax abatement is granted, the level ofjobs, affirmative action goals, production and utilization of the improvements and equipment at the site where the district has been created and for which the tax exemption has been granted. 1.9 The Company shall not cause or fail to cure the release of any hazardous substance, or the violation of any environmental law on its premises in the City. It shall report any releases to the appropriate governmental authority in a timely and complete manner, and provide copies of said report Page 2 documentation to the City. It shall comply with all orders and actions of any governmental agency having authority. 1. 10 The Company shall maintain the equipment and improvements so as to minimize physical or functional obsolescence. 1.11 The Company shall continue to operate its business location in the City, containing the same number of and type of jobs, for the term of the certificate. 2. AGREEMENT BY THE CITY. Provided this contract has been executed and further provided all applications to create the district and achieve the industrial facility exemption certificate have been properly filed, the City shall, in a timely manner, determine in a public meeting to whether to create the district and whether to receive, process, and approve thereafter the Company's application for an industrial facilities exemption certificate. The City may consider this contract in a meeting separate from and prior to the meeting in which the City considers the creation of the district and/or approval of the application for certificate. Further, the City shall require the submission of this contract signed by the Company together with its applications, before creating the district. 3. EVENTS OF DEFAULT. The following actions or failures to comply shall be considered events of default by the Company: 3.1 Failure to meet any of the commitments set forth above. 3.2 The closing of the Company's facilities in the City. Closing shall mean for purpose of this Agreement, the removal, without transfer to another site within the City of substantially all of the production facilities, and the elimination of substantially all the jobs created or retained thereby, which are set forth in the Company's application. 3.3 Failure to afford to the City the documentation and reporting required. 3.4 The failure to create or retain jobs, meet affirmative action goals or expend the funds on equipment and improvements as represented in the application within the times required hereby, unless the company can show that there has been a loss of revenue and employment due to circumstances beyond the control of the company. In order to make that showing the company shall have the burden of supplying, to the City's satisfaction, complete and convincing documentation supporting and justifying reductions in investment, failures to attain affirmative action goals or job losses, such as, without limitation, written evidence of lost contracts, accounting information showing reduced revenues due to the loss of business, (not due to diversion of production to affiliate companies or divisions of the company), production records showing reduced quantities over significant periods of time, and such other information required by the City to Page3 support the Company's claim that the failure to invest, failure to achieve affirmative action goals, or loss of jobs should not form the basis for a finding of default. 3.5 The bankruptcy or insolvency of the Company. 3.6 The failure to pay any and all taxes and assessments levied on the Company's property or any other taxes, local, state or federal, including but not limited to City income taxes and the withholding of said City income taxes from employees as required by the City Income Tax Ordinance. 3. 7 The performance or omission of any act which would lead to revocation under MCLA 207.565, being §15 of the Act. 3.8 The violation of any provisions, promises, commitments, considerations or covenants of this Agreement. 4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City shall have the following remedies which it may invoke without notice, except as may be reasonably required by the Company's rights to due process: 4.1 In the event of closing as determined after investigation of the facts and a public hearing, the Company shall be immediately liable for penalties to be paid forthwith to the city as determined as follows: 4.1.1 The Company shall pay to the City for prorata distribution to the taxing units experiencing the abatement, an amount equal to the difference between the industrial facilities tax which it has paid, and the total property taxes to the relevant taxing units which it would have paid, given its installations of improvements and equipment, during the years for which the certificate was in effect. 4.1.2 Immediate Revocation. The Company hereby consents to revocation to the IFT certificate before the State Tax Commission, without hearing, and the City shall submit a copy of this Agreement to the State Tax Commission in connection with its revocation procedure, giving notice that the default has occurred and immediate revocation should occur. 4.2 In the event the improvements and equipment have not been installed before the two (2) year period, in addition to the revocation procedures before the State Tax Commission, the abatement should immediately be reduced by the City proportionately, and any installations which have not been finished at the end of said two (2) year period shall not be eligible for the abatement thereafter and shall be placed on the regular tax roll. Page4 4.3 Failure to Expend the Funds Represented. In the event, (whether or not the installations have been completed), the Company has not expended the funds it has represented on its application that it would invest for the installation of equipment, the abatement shall be reduced prorata, and any remaining value of equipment shall be placed on the regular tax roll, unless the company can show, through receipts, etc. that the cost of the equipment was actually less than the amount estimated by the company (i.e., the same equipment was purchased as listed in the IFT application, but the bids came in less then expected). 4.4 Job Creation and Retention. In the event the promised number of jobs have not been created or retained at the end of the two (2) years after the grant of the certificate by the State Tax Commission, the abatement shall be proportionately reduced, unless the company can show that the loss of jobs, or inability to hire as many people as expected, is due to circumstances beyond the control of the company (such as an economic downturn). 4.5 Affirmative Action Goals. In the event, after one (1) year from the grant of the certificate by the State Tax Commission, the affirmative action goals of the City for additional jobs have not been met on a prorata basis, the abatement shall be revoked. 4.6 For other violations of this Agreement or for actions or omissions by the Company amounting to grounds for revocation by statue, the City shall recommend to the State Tax Commission immediate revocation of the certificate. 4. 7 Special Assessment. For any amount due to be paid to the City, under this Section 4, the Company consents that the City shall have a personal action against the Company for the said amount, and in addition, cumulatively, and not by election, the City shall have a special assessment lien on all the property of the Company personal and real, located in the City, for the collection of the amounts due as and in the manner of property taxes and in such case the collection of the said special assessment shall be accomplished by addition by the City to the Company's property tax statement regularly rendered. 5. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Michigan applicable to contracts made and to be performed within the State of Michigan. 6. Counterparts. This Agreement may be executed in one or more counterparts. Notwithstanding such execution all such counterparts shall constitute one and the same Agreement. 7. Benefit. This Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and personal representatives. Page 5 8. Effective Date. This Agreement shall be effective on the date the State of Michigan Tax Commission grants the company at Industrial Facilities Exemption Certificate. CITY OF MUSKEGON By_ _ _ _ _ _ _ _ __ Stephen J. Warmington, Mayor and- - - - - - - - - - - - Gail A. Kundinger, Clerk Bc-;±cL Its_ _ _ _ _ _ _ _ __ and._ _ _ _ _ _ _ _ _ __ Its_ _ _ _ _ _ _ _ __ Page 6 Commission Meeting Date: July 13, 2004 Date: May 17, 2004 To: Honorable Mayor & City Commission from: Planning & Economic Development Department RE: Public Hearing for Amendments to Brownfield Plan- Terrace lots Office Building SUMMARY OF REQUEST: To hold a public hearing and approve the attached resolution approving and adopting amendments for the Brownfield Plan. The amendments are for the inclusion of property owned by MSB II, LLC in the Brownfield Plan. FINANCIAL IMPACT: There is no direct financial impact in approving the Brownfield Plan amendments, although the completion of construction of the Terrace Lots Office Building will add to the tax base of the City of Muskegon. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold the public hearing and approve the attached resolution and authorize the Mayor and Clerk to sign the resolution. COMMITTEE RECOMMENDATION: The Muskegon City Commission set the public hearing for July 13, 2004, at their June 22, 2004 meeting. Since that time, a notice of the public hearing has been sent to taxing jurisdictions, and it has been published twice In the Muskegon Chronicle. In addition, the Brownfield Redevelopment Authority approved the Plan amendment on June 21, 2004 and further recommends that the Muskegon City Commission approve the Plan amendment. RESOLUTION APPROVING THE BROWNFIELD PLAN AMENDMENT TERRACE LOTS OFFICE BUILDING PROJECT City of Muskegon County of Muskegon, Michigan 2004-62(d2) Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission Chambers, on the 13th day of July, 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 Carter and supported by Member Davis: WHEREAS, in accordance with the provisions of Act 381, Public Acts of Michigan, 1996, as amended ("Act 381"), the City of Muskegon Brownfield Redevelopment Authority (the "Authority") has prepared and approved a Brownfield Plan Amendment to add the Terrace Lots Office Building project; and WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to the City Commission requesting its approval of the Brownfield Plan Amendment; and WHEREAS, the City Commission has provided notice and a reasonable opportunity to the taxing jurisdictions levying taxes subject to capture to express their views and recommendations regarding the Brownfield Plan Amendment, as required by Act 381; and WHEREAS, not less than 20 days has passed since the City Commission provided notice of the proposed Brownfield Plan to the taxing units; and WHEREAS, the City Commission held a public hearing on the proposed Brownfield Plan on July 13, 2004. NOW, THEREFORE, BE IT RESOLVED, THAT: 1. Definitions. Where used in this Resolution the terms set forth below shall have the following meaning unless the context clearly requires otherwise: "Eligible Property" means the property designated in the Brownfield Plan as the Eligible Property, as described in Act 381. "Brownfield Plan" means the Brownfield Plan prepared by the Authority, as transmitted to the City Clerk by the Authority for approval, copies of which Brownfield Plan are on file in the office of the City Clerk. "Taxing Jurisdiction" shall mean each unit of government levying an ad valorem property tax on the Eligible Property. 2. Public Purpose. The City Commission hereby determines that the Brownfield Plan Amendment constitutes a public purpose. 3. Best Interest of the Public. The City Commission hereby determines that it is in the best interests of the public to promote the revitalization of eligible properties in the City to proceed with the Brownfield Plan Amendment. 4. Review Considerations. As required by Act 381, the City Commission has, in reviewing the Brownfield Plan Amendment, taken into consideration whether the Brownfield Plan Amendment meets the requirements set forth in Section 13 of Act 381. 5. Approval and Adoption of Brownfield Plan Amendment. The Brownfield Plan Amendment as submitted by the Authority is hereby approved and adopted. A copy of the Brownfield Plan and all amendments thereto shall be maintained on file in the City Clerk's office. 6. No Capture of Tax Increment Revenues by Authority. The Authority shall not capture Tax Increment Revenues on the Eligible Property, as described in the Brownfield Plan Amendment. 7. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan Amendment, the City assumes no obligation or liability to the owner, developer or lessor of the Eligible Property for any loss or damage that may result to such persons from the adoption of this resolution and Brownfield Plan Amendment The City makes no guarantees or representations as to the determinations of the appropriate state officials regarding the ability of the owner, developer or lessor to qualify for a single business tax credit pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or as to the ability of the Authority to capture tax increment revenues from the State and local school district taxes for the Brownfield Plan. 8. Repealer. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro NAYS: Members None RESOLUTION DECLARED ADOPTED. 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 13, 2004, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, as amended, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. ~G-~ il A. Kundinger, CityClerk~ - AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 7/13/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: July 2, 2004 RE: Lakefront, LLC - Special Assessment SUMMARY OF REQUEST: To agree to allow Lakefront, LLC to delay the 1st installment payment on their special assessment for up to six months and agree not to invoke the payment acceleration provision of the special assessment agreement during that period. Lakefront will be responsible for paying late fees and interest in accordance with the special assessment agreement. FINANCIAL IMPACT: Delay in payment of $220,000 in principal and interest payment. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0: (LAKEFRONT~SPEC ASSMT) CITY OF MUSKEGON Resolution No. 2004-63 (a) LAKEFRONT L.L.C. SPECIAL ASSESSMENT AGREEMENT WHEREAS, Lakefront L.L.C. and the City of Muskegon are parties to a Special Assessment Agreement for infrastructure improvements to Edison Landing property owned by Lakefront, L.L.C.; and WHEREAS, the Special Assessment Agreement requires Lakefront, L.L..C. to make the first installment payment by July I, 2004; and WHEREAS, Lakefront, L.L.C. has requested that the City allow delaying the first installment payment until January 1, 2005; and THEREFORE, BE IT RESOLVED, that the City Commission authorizes the City Manager to withhold the acceleration payment provision notification (per Section 13 of the Special Assessment Agreement) to Lakefront L.L.C. through January 1, 2005: BE IT FURTHER RESOLVED, that this action does not waive the requirement of Lakefront, L.L.C. to pay interest and penalties for any late payments. · Adopted this 13 th day of July, 2004. Ayes: Davis, Gawron,Larson. Shepherd, Spataro, Carte!, Warmington Nays: _ __._,_,_."""-'-~---- - -- - - - - - - -- - - -- - - Absent: None Gail A. Kundinger, MMC, Ci Clerk CERTIFICATION 2004-63(a) This resolution was adopted at a regular meeting of the City Commission, held on July 13, 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 Gail A. Kundinger, MMC, Ci Clerk AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 6/22/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 22, 2004 RE: Amendment to the Ferry Development Agreement SUMMARY OF REQUEST: To enter into an amendment to the Ferry Development Agreement with Great Lakes Marina. This is necessary to accommodate additional costs associated with the project. FINANCIAL IMPACT: Additional cost of $641,097.82 of which $200,000 will be covered by a grant from the County of Muskegon. BUDGET ACTION REQUIRED: A budget adjustment will be necessary to accommodate this request. STAFF RECOMMENDATION: None. COMMITTEE RECOMMENDATION: None. O:COMMON\DEPTMENT\ADMIN\AGNDAFRM JMS - 0: {FERRY-DEV AGMT AMENDMENT#2) AMENDMENT TO DEVELOPMENT AGREEMENT 2004-63(6) This Agreement, made effective July 13, 2004, by and between Great Lakes Marina & Storage, LLC, a Michigan limited liability company (hereinafter refcn-ed to as "Great Lakes") and the City of Muskegon, a Michigan municipal corporation (hereinafter referred to as the "City"). WlTNESSETH A. Great Lakes and City, along with Lake Express, LLC, executed a Development Agreement dated November 25, 2003, relating to the establishment of a cross lake ferry. B. Pursuant to that Development Agreement, Great Lakes committed to construct ce11ain facilities for the cross lake ferry; C. City committed to pay for construction of those facilities in an amount not to exceed One Million Two Hundred Thousand Dollars ($1,200,000.00); D. Subsequent to the execution of the Development Agreement, the United States Government has imposed additional obligations pursuant to Homeland Security, to facilities of this nature. The parties have decided to make additional improvements and encountered additional construction costs. The additional construction was not anticipated by any party to the Development Agreement, but improves the project. WHEREFORE, Great Lakes and City agree as follows: l) Great Lakes shall construct facilities described in the Development Agreement plus additional facilities and fencing required by the United States Government due to Homeland Security for facilities of this nature and other improvements as decided by the parties. - 1- GREAT - - - - - -LAKES - - - - - -DOCK - - - - -& - -MATERIALS ----------------------- TOTAL MARINE SEFWlCES '920 L.akc,h,,rc Drive \foskcgorL \-1ichigan 4')'1,1 I frlcplwnc 2.11 > '759-82.10 I-ax '.":3: I '.-'55-8+l0 June 21, 2004 City of Muskegon 933 Terrace St., P.O. Box 536 Muskegon, Ml 49443-0536 Attn: City Manager RE: City of Muskegon - Ferry Dock & Terminal Second Revised Budget Estimate __________DearJlryon:~----- Attached please find the updated Schedule of Values# 6 for the above referenced project. Due to the nature of this project; i.e. design build project for a startup business, with a compressed timeline and a lot of unknowns; there have been additional costs. Here is the breakdown to date: 1) November 10, 2003 - Great Lakes Dock & Materials, L.L.C. (GLD&M) Original Budget Estimate of $1,375,840.00 2) November 25, 2003 - City of Muskegon (City) committed funds up to $1,200,000.00 3) January 26, 2004 - GLD&M's letter for the Revised Budget Estimate of $1,599,562.00 4) April 13, 2004 - Muskegon County Board of Commissioners Grant to the City for the Purpose of Investing Capital Dollars into the Ferry Passenger Loading/ Unloading Dock Ramp of $200,000.00 5) June 21, 2004 - GLD&M's Second Revised Budget Estimate of $1,841,097.82 Here are the additional costs since the January 26, 2004 Revised Budget Estimate: 1. The Scheduled Value 1d (Engineering Seivices) covers a portion of the engineering hours performed by GLD&M; necessary additional costs were subcontracted for architectural and engineering seivices totaling $28,685.52. 2. Subcontracted Site Work in addition to the Scheduled Values in 2b, 2c, 2d, 2e, 2f, and 2g totaling $91,727.75. Due to the compressed timetable, a large percentage of the work was performed on overtime scale. Also, additional work was necessary to make the project functional, including raised curbs at the circle drop-off, queue lanes and parking lot, grading changes, additional stripping, additional storm sewer work, and other additional work. 3. New work item - Subcontracted stabilization of entrance road berm for $7,381.50. This work was necessary to prevent future soil erosion from clogging the storm piping system. 4. New work item - Purchase and install parking bumpers for $5,280.67. This work was necessary to protect existing buildings and prevent overhanging cars from blocking the ferry exit road. 5. New work item - Subcontracted installation of additional concrete walks for $1,327.41. These walks were placed according to how the site is actually used. 6. New work item - Subcontracted installation of gas seivice to the terminal building for $16,284.45. Our original estimate included a seivice extension, but did not account for an entirely new 1530 foot long seivice from Lakeshore Drive. 7. Subcontracted Fencing and Sign charges over the Scheduled Value 4b totaling $4,794.89. The fencing items included wood fencing used as screening along the entrance road, chain link fencing to separate the marina from the ferry site, and homeland security fencing. The only signs provided by GLD&M were the fire-lane no parking and handicap parking signs, which were installed by us at no charge. Docks• Piledriving • Dredging• Diving• Towing• ll-1arine Sa!L1age GREAT LAKES DOCK & MATERIALS TOTAL MARINE SERVICES '920 l.akcshurc Drive \fo,~cg,·irL \1ichigan 49441 Telephone (21 I) '.'59-82.10 rll\ (?3; i '!5'-8410 8. Subcontracted Landscaping charges over the Scheduled Value 2i totaling $5,170.85. The majority of the extra work was to stabilize the roadway near the automobile and passenger ramps, and to repair a damaged phone cable. 9. Making the automobile hydraulically adjustable increased the scheduled value by $60,060.01. This was mentioned in the Jan 26 letter, but the increase under the first revision was adequate to only cover the changes from the original automobile ramp estimate, i.e. we did not have the design for the 50 foot ramp, the entrance ramp was "beefed up" with additional piling and beams, a cradle was made to hold the ramp during maintenance, etc .. The hydraulic system includes four winches, a power pack with hydraulic tank and controls, cable with rigging systems, padeyes, hydraulic piping system, and installation, testing and training. 10. New work item - Design and build a threshold ramp for $2,501.57. This ramp was added because the vessel has a 6" threshold at the passenger loading door. The mobile aluminum ramp is necessary for the _______Jl""o"'adu,iu□g"-'"w=heelchairs.and.strollecsJbroughthe.passengerJoading.ooor.~-··· ... 11. Subcontracted Tenminal Building charges over the Scheduled Value 10a totaling $18,321.45. The additional work included in part the gable roof, mezzanine, drinking fountain, north glass door and electrical service upgrade. 12. Open Items: a. Terminal Building HVAC System. b. Tenminal Building Energy Management Issue. Both of these items are outlined in the City of Muskegon's May 19, 2004 letter to Northshore Construction. At this point, these items are still outstanding and most likely will require additional funding to cure. Please contact me if you have any questions. Since ly, .v Fe/41 eorge F. Bailey Great Lakes Dock & Materials, LLC 1920 Lakeshore Drive Muskegon, Ml 49441-1798 JGB/jgb Attachments: Application for Payment #6 List of Invoices and Copy of Invoices Copy of GLD&M's January 26, 2004 Letter to City Copy of City of Muskegon's May 19, 2004 Letter to Northshore Construction Docks • Pi/eclrivmg • Drecfging • Diving • Towing • Marine Salvage Applica1ion for Payment #6 City of Muskegon Ferry Dock & Terminal Muskegon, Ml A B C D I ! fV ! Sch edueo E '"' s F G H I WORK COMPLETED TOTAL SCHEDULED This AnnJication COMPLETED BALANCE TO ITEM NO. MOD.NO. DESCRIPTION OF WORK Previous %(G/C) RETAINAGE VALUE Stored Materials AND STORED FINISH (C-G) Applications Work in Place (not in Dor E) TO DATE 001 ---- PROJECT PREPARATION: $ $ $ - $ $ - $ - $ 1a MDEQ & USAGE Permits $ 5,700.00 $ 5,700.00 $ - $ $ 5,700.00 100% $ $ - --- ··-· --- 1b Survey and Layout $ 5,500.00 $ 5,500.00 $ $ $ 5,500.00 100% $ - $ 1, Equlpment Mobilization $ 5,040.00 $ 5,040.00 $ $ - $ 5,040.00 100% $ - $ 1d ' Engineering Services $ 12,600.00 $ 12,600.00 $ - $ $ 12,600.00 100% $ $ ·-- Architectural and Engineering ~- 1, 1 -· Services above Scheduled Value $ 28,685.52 $ $ 28,685.52 $ $ 28,685.52 100% $ - $ 002 SITE WORK: $ $ $ - $ $ $ $ -- · - - - - ··-·-- 2a Demo I Clearing & Grubbing $ 31,500.00 $ 31,500.00 $ $ $ 31,500.00 100% $ - $ -- ---· 2b Sile Earth Work - -··- $ 16,275.00 $ 16,275.00 $ - $ $ 16,275.00 100% $ - $ - - 2, Stonn Sewer $ 20,475.00 • 20,475.00 • - $ $ 20,475.00 100% $ - • 2d Water Piping System $ 36,750.00 $ 36,750.00 $ $ $ 36,750.00 100% $ - $ ·- -- -· 2, ---~_anilary $_ewer ~y~te_m $ 28,875.00 ~875J_)(]_ $ - L ·---- ~fil_§_,_QQ_ . .100%' $ ··----· . ·-·-· 21 Aggregate Base/ Paving ·~--·-- - $ 141,750.00 $ 141,750.00 • - $ $ 141,750.00 100% $ - $ 2g Concrete Sidewalks $ 9,975.00 $ 9,975.po $ $ - $ 9,975.00 100% $ $ ·- 2h Dumpster $ 5,250.00 $ 5,250.00 $ $ $ 5,250.00 100% $ $ ---- ---· 2; Landscaping .... - • 42,000.00 $ 42,000.00 $ $ $ 42,000.00 100% • - $ 2j 1 -·-- ·- JMC's additional Work - • 91,727.75 $ - • 91,727.75 $ $ 91,727.75 100% • $ 2k 1 Stabilization of Entrance Road Berm $ ----··- 7,381.50 $ $ 7,381.50 $ $ 7,~81.50 100% • $ ~- 21 1 Parking Bumpers • 5,280.67 • $ 5,280.67 $ $ 5,280.67 100% $ - $ 2m 1 Concrete Walks -~ • 1,327.41 $ $ 1,327.41 $ • 1,327.41 100% • • ---- 2, 1 Gas Service to Terminal Building Fencing & SiQriSOVer Scheduled • 16,284.45 $ $ 16,284.45 • $ 16,284.45 100% • $ ~ 2o 1 Value • 4,794.89 • $ 4,794.89 $ ' 4,794.eg 100% • - $ 2p 1 Landscaping Costs over Scheduled Value $ 5,170.85 • • 5,170.85 • • 5,170.85 100% $ $ ~ 003 ELECTRICAL: $ $ $ • $ $ $ 3a Consumer's Power -·· --- -- • 19,425.00 • 19,425.00 $ $ ' 19,425.00 100% $ $ . 3b - Site Lighting $ 52,500.00 $ 52,500.00 $ $ $ 52,500.00 100% $ • 004 HOMELAND SECURITY: $ $ $ $ $ • - • --- 4a Security Booth '----·-- $ 18,375.00 $ 18,375.00 $ • • 18,375.00 100% • $ 4b Fencing & Signs $ 24,675.00 $ 24,675.00 $ • - $ 24,675.00 100% • $ ----- 005 STEEL SHEET PILING WALL: • $ $ $ • - • $ Sa Purchase & Handle Materials $ 31,020.00 $ 31,020.00 $ $ $ 31,020.00 100% $ $ Sb Install Steal Sheet Pile Wall • 55,440.00 $ 55,440.00 $ - $ • 55,440.00 100% • - $ s, Concrete Walkway $ 14,160.00 $ 14,160.00 • • $ 14,160.00 100% • • --- 006 ' DREDGING: -·-·- .. • • $ $ $ • • - 6a Main Channel $ 83,700.00 $ 83,700.00 $ $ • 83,700.00 100% $ - $ 6b .. --- Turning Basin $ 123,558.75 $ 123,558.75 • $ $ 123,556,75 100% • - • ---· 60 Construct Disposal Area ··- • 24,828.00 $ 24,828.00 $ $ $ 24,828.00 100% $ • 6d Disposal of Dredge Material $ 30,000.00 $ 30,000.00 $ $ - $ 30,000.00 100% • $ ' 007 . AUTOMOBILE RAMP: • - • $ $ • • - ' Page1 012 Application for Payment #6 - - - - ---- ···-·· 7a Purchase & Handle Materials $ 58,300.00 $ 58,300.00 $ $ $ 58,300.00 100% $ $ ---- ------- 7b Fabrication of Ramp $ 12,960.00 $ 12,960.00 $ $ $ 12,960.00 100% $ $ ---- 7c Fabrication of Platform $ 8,640.00 $ 8,640.00 $ - $ $ 8,640.00 100% $ - $ ~- 7d Installation of Piling Supports ---- -- - - ---·---- -- $ 13,500.00 $ 13,500_00 $ $ • 13,500.00 100% $ $ 7e Installation of Bump Piles - ---- $ 13,500.00 $ 13,500.00 $ $ $ 13,500.00 100% $ - $ ---· 71 - Installation of Ramps & Platfonn $ 22,650.00 $ 22,650.00 $ - $ $ 22,650.00 100% $ $ Hydraulically Adjustable Autofli'Obii8 7g 1 $ 60,060.01 $ $ 60,060.01 $ $ 60,060.01 100% $ $ - Ramo 008 PASSENGER RAMP: $ $ $ $ $ - $ $ ----· Sa Purchase & Handle Materials $ 65,890.00 $ 65,890.00 $ $ $ 65,890.00 100% $ - $ Fabrication & !nslaHation of Stairs & Sb _f:l~~!-1i~p $ 22,650.00 $ 22,650.00 $ - $ $ 22,650.00 100% $ - $ Fabrication & Installation of Sc Walkway $ 36,240.00 $ 36,240.00 $ $ $ 36,240.00 100% $ - $ ---- 8d Installation of Piling Supports $ 31,710.00 $ 31,710.00 $ $ $ 31,710.00 100% $ $ - - - .. -· --- Se Hand Railings $ 28,650.00 $ 28,650.00 $ $ $ 28,650.00 100% $ - $ Sf Adjustable Platform $ 9,060.00 $ 9,060.00 $ - $ - $ 9,060.00 100% $ - $ - 8g 1 Threshold Ramp $ 2,501.57 $ $ 2,501.57 $ $ 2,501.57 100% $ $ --- .. 009 MOORING FENDER PILING: $ $ $ $ $ $ - $ ------ ,, -- Purchase & Handle Materials $ 42,570.00 $ 42,570.00 $ - $ $ 42,570.00 100% $ - $ -----·- - - - - - - - 9b !nstalJ Mooring Piles $ 40,770.00 • 40,770.00 $ $ • 40,770.00 100% $ - • 9c Install Fender Ma!erlal • 4,740.00 • 4,740.00 • - • $ 4,740.00 100% • - • 010 FERRY TERMINAL BUILDING: $ - $ - • - $ $ - $ - $ 10, -------· Masonry Building --···-·- - ------ $ 333,900.00 • 333,900.00 $ - $ $ 333,900.00 100% • $ - 10b ·- Excavation I Piling $ 14,460.00 $ 14,460.00 • • • 14,460.00 100% • - • 10, 1 Terminal Building charges over Scheduled Value $ 18,321.45 • $ 18,321.45 • • 18,321.45 100% $ - $ $ 1,841,097.82 $ 1,599,561.75 $ 241,536.07 $ $ 1,841,097.82 100% $ $ APPLICATION FOR PAYMENT #6 ORIGINAL SCHEDULE OF VALUES _!_1,_5~9).i~J. 75 Net change by Change Orders $ 241,_5_36_.07 CONTRACT AMOUNT TO DATE __$_ 1,841,09_7,JJ2 TOTAL COMPLETED & STORED TO DATE _ $ 1,!!1_1_._097.82 (Column G) RETAINAGE 0% J __ {or Iota! in Column I) TOTAL EARNED LESS RETAINAGE _$ ___1,841,097.82 LESS PREVIOUS PAYMENTS $ _1,200.,_ooo.oo. eCcUcR,R E 0 0 N=T P A Y M 0 0 0 0 0 EaN 0 T~D,U,E~------------•~~64 0 1=00970.082~1ncludes Outstanding Balance of $399,561.75 from Application for Payment #5 Chanae Orders _!~em No. Mod No. Description I Ammount 1e -i:l\rchilectural and Engineering Services 1 $ 28,685.52 above Scheduled Value 2i 1 Jric•s ·addiiional Work ' $ 91,727.75 2k 1 1~t~bilization of Entrance Road Benn $ 7,381.50 ------ 21 - __: 1 IParkinjj~umP8rs . _______ . _ :_--~ $ ----5)80.Si .. 2m- -----~-----fonc~~I~ Walk_s __ ____ _____ $ 1,327.4T- "2ri-- __ 1 rGas ~ervice to Term_inc:,J f!~i!~ing _ $ --16,264:.i_~ 2o 1 Fencing & Signs over Scheduled Value $ 4,794.89 Landscaping Costs over Scheduled 2p 1 $ 5,170.85 V_a!u~-- ··- - - Hydraulically Adjus!ab!e Automobile 7g 1 $ 60,060.01 Ramp So 1 Threshold Ramp $ 2,501.57 10, Terminal Building charges over 1 $ 18,321.45 Schedul~d Value NET CHANGE BY CHANGE ORDERS $ 241 536.07 Page 2 of2 1920 Lakcshorc Drive Muskeg_on, Michigan 4944 l Telephone (231) 759-8230 Fttx(23!)755•8410 January 26, 2004 City of Muskegon Mr. Bryon Mazade Muskegon, Ml 49442 RE: "Lake Express" Budget Estimate for Construction Dear Mr. Mazade: Attached, please find the latest update of the Proposed Ferry Budget As can readily be seen, the numbers are above the original estimates for the Muskegon facility just as they are for the Milwaukee dock. Basically, here is what changed since the original budget; 1. Dredging plices came in higher than expected. We used recently bid USAGE project bid results to estimate the hydraulic dredging plices. The USAGE requires the bidders to use specified higher wage rates, so we assumed that the ferry terminal bid numbers would come in similar or below the USCAE numbers. See the attached unit prices for USAGE work and our actual bid results. 2. Originally we planned to build the passenger pier and ship mooling out of an existing barge. The MDEQ would not permit this type of construction, so we had to switch to an open pile construction. This change not only significantly changed the design, but also added an additional step of removing the existing barge. See attached drawings. 3. The car loading ramp was originally a manual adjustable design. We recently received a copy of the specification which requires the ramps to be automated. See attached original drawing, and the new specifications. 4. Security issues were discussed after the original estimate. There is additional fencing requirements as well as an added security booth that was not included in the original estimate. See the attached email regarding the security fencing. 5. Other miscellaneous changes also increased the estimate. Storm water management costs, addition of a dumpster enclosure, additional site earth work, site signage, and a pedestrian walkway to Lakeshore Drive. Another item not included in the original budget was landscaping. 6. There were a few items that decreased from the original budget. The steel sheet piling wall price was reduced as well as the ferry terminal building. The ferry terminal building price was reduced by switching from a pre-fabricated metal building to a masonry building. See attached drawing. Docks • Pifedriving • Dredging• Diving• Towing• Marine Salvage GREAT LAKES DOCK & MATERIALS TOTAL MARINE SERVICES i 920 Lakcshorc Drive Muskegon, 1''1ichigan 49441 Telephone (231) 759-8230 Fax (23 !) 755"8410 Items not included in this revised budget include: Awnings on the terminal building to provide aesthetic appeal and a dry area to wait on a rainy day. - Additional fencing the separate Great Lakes Marina & Storage from the Ferry Dock. - The cost of relocating Great Lakes Dock & Materials, L. L. C. office trailer. - Cost of running natural gas to the building - Any contingency costs Please contact me if you have any questions. Sincerely, .;)~?1 .!J ~ J -- " Joseph G. Bailey Great Lakes Dock & Materials, LLC 1920 Lakeshore Drive Muskegon, Ml 49441-1798 JGB/jfb Attachments: Revised Estimate 1126/03 (1 page) Original Estimate 11/10/03 (1 page) USAGE Dredging Prices (3 pages)/ Ferry Dock Dredging Quotes (3 pages) Original Passenger Pier Drawing (1 page)/ Permit Application Drawings (4 pages) Original Car Ramp Design (1 page)/ Vehicle and Pedestrian Access Ramp Specs (11 pages) Security Fence Email (1 page) Preliminary Terminal Building Drawings (2 pages) Docks • Pi/edriving • Dredging• Diving• Towing• Marine Salvage A,.~;:,;-;;;ti;·~~-". ction <231)724-6703 FAX: (231)722-1214 a~s~VfJ:!mlttization FAX: (231)726-5181 Cemetery Deparlment (23 l )724-6783 FAX: (231)726-5617 May 19, 2004 Civil Service 1231)724-6716 FAX: (23 I)7H-4-105 Clerk (231)724-6705 FAX: (231)724-4178 Mr. Ron Franklin Northshore Construction Community ant.I Neigh. Services 12311724-6717 1700 Lakeshore Dr. FAX: {23 I )726-250 I Muskegon, Ml 49441 Computer Info, ,2~rml~144 Re: Ferry Terminal Project Permits _ _ FAX: (231)722-.4301 --------------------------- Dear Mr_ Franklin: I am writing this letter in hopes of resolving three outstanding issues regarding the ferry terminal project. Resolution of these items in a timely manner will assist in moving this project toward final inspections and issuance of the certificate of occupancy. llJtNZf-'6191 FAX: (231)724-6985 First, the issue of the HVAC system needs to be addressed. We have Income Tax (231)724-6770 received and reviewed the technical information for the code required .FAX: (231)724-6768 improvements to the proposed system. Our review indicates the proposed equipment submitted on April 28, 2004 is sufficient to meet the code requirements. We are waiting for the engineer's drawings that would show the actual installation. These must be reviewed and approved prior to the Leisure Services (231)724-6704 installation of the system. FAX: (231)724-1196 Second, the energy management issue must be addressed. It is my understanding that you or the property owner were to put in writing a plan to satisfy this particular code requirement. It was agreed that a timeline to Planninl!!Zoning (231)72,-6702 complete the requirements after the first season would be submitted for review FAX: (231)724-6790 and approval. Finally, this office has issued the footing/foundation, electrical, and plumbing permits. The mechanical contractor submitted an application for their permit in Public Works Dept. (231)724-4100 early April. However, due to the issues noted above, this permit was not FAX: (231)722-4188 issued. Once you have addressed these items the permit will be given. To Treasurer's Office date, our office has not received an application for the building permit. (2311724-6720 FAX: (231)724-6768 ~flJf2t~~j\ Dept. FAX: (231)724-6768 Water Filtration (231)724-4106 FAX: {231)755-5290 City of Muskegon, 933 Terrace Str~ct, J'.. O. l_!_ox 536, Muskegon, MI 49443-0536 ,, Prompt action on the three items listed above will ensure that this project is not delayed. If you have any questions regarding these issues, please do not hesitate to call our office at 231-724-6715. Sincerely, Robert B. Grabinski Deputy Director of Public Safety Cc: Tony Kleibecker, Director of Public Safety Bryon Mazade, City Manager John Bultema, Great Lakes Marina ----------->-<BG/18-------- r.-\ffirmalin Aclion t\ 231)724-6703 lFAX: (231)722-Ul-l /&.,sscssor/Equaliution f(.lJ I)7'.!4-6708 !FAX: (231)726-5181 June I, 2004 Civil Service t"2JI)724-6716 IFAX: (231)72..i-~05 Clerk !11Q7/tJJJ;",_, 118 Mr. Ron Franklin Northshore Construction C(lmmunity and Neigh. Services 1700 Lakeshore Dr. Wll724-67l7 FAX: (23 1)726-250 I Muskegon, MI 49441 Computer Info, Re: Ferry Terminal Occupancy rz~Hll'l'-~744 FAX: (131)722-4301 Dear Mr. Franklin: This letter is to inform you of the conditions that must be met prior to this office issuing a certificate of occupancy for the ferry terminal. We believe the structure is far enough along and the life safety related items have been satisfied, thus allowing the building to be open and operational for a sixty (60) day period. Listed below are the outstanding items and their resolution. Il!lcomeTax • The HV AC system currently installed does not meet the mechanical code 0!.11)714-6770 FAX: (231)724-6768 requirements set forth in the 2003 Michigan Mechanical Code. This system cannot be utilized. You may derive the required air intake by natural ventilation means, namely leaving the doors open to supply the necessary air flow. You must submit for review the engineered plans for the correct system which will be Leisure Services examined, approved, and installation may begin once the necessary permits are (:2.]1)724-6704 FAX: (231)724-1196 taken from this office. This item must be resolved within the sixty (60) day time period. • We have received the correspondence pertaining to the energy management audit and the work necessary to comply with the code requirements. It is acceptable to Plannin~Zoning this office to complete the interior firring, insulation, and drywall installation after <231)72(-6702 frAX: (231)724-6790 the inaugural season and prior to the 2005 season. • All work currently incomplete must be completed, inspected, and approved by Inspection Services prior to this office issuing a certificate of occupancy. The contractors responsible for the work must call and schedule these inspections. ~ ,1 {t2t~Ili"t Dept. FAX, (lJ1)722-m8 As with any code related issue, you as the contractor have the right to appeal a decision made by this office. The appeal process can only be utilized to determine if this office Tmmec'• om« mterprets ,cµnn,.mo · · o f t he co d e correct1y. The appea1s board d oes not have t he aut honty a sect10n . f•AX, (231)724-6768 · • h d y hj b b ' ' ' " h to grant a vanance tot e co e. ou may start t s process y su m1ttmg m wntmg t e l.-rf/lf,~'.~\1\n,p,. issue to be reviewed and what you believe to be the correct interpretation. FAX: (231)724-6768 Water Filtration t,;ZJ1)7l4-4to6 FAX: (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 www.shorelinecity.com In summary, the structure is allowed to open and may remain so for a sixty day period. We are not issuing a certificate of occupancy at this time and can not until the items bulleted above have been resolved. Our staff will continue to work with you in order to make this project a success. If you have any questions, I can be reached at 231-724-6715 or e-mail at bob. grabi nsk i@shoreli necity com. Sincerely, 1<5lJ131ll~k- Robert B. Grabinski Deputy Director for Fire Services Cc: Tony Kleibecker, Director of Public Safety Bryon Mazade, City Manager John Bultema, Great Lakes Marina AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 7/13/04 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: July 2, 2004 .RI;,: Relocation of Former Gas Station @ 793 W. Laketon SUMMARY OF REQUEST: To consider sale of City owned lot to Brenda Moore to relocate the former gas station building (Freres) from 793 W. Laketon. FINANCIAL IMPACT: Sale proceeds to City of $1,000. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: None. COMMITTEE RECOMMENDATION: None. O:COMMONIDEPTMENT\ADMINIAGNDAFRM JMS -Oc {GAS STATION-RELOCATION) July 1, 2004 ~<$-0 C';;- J{r <$';V To: Cathy Brubak~rCrke, Director of Community & Economic Deveiot$,ffe<S' ..? 0 ~b From: Brenda Moore\8 ,i.,4~-1-<-'~ i:?of Cc: Bryon Mazad , ty Manager ~~- 01, Re: <S' 0 The historic gas station at 793 W. Laketon A venue )(',(", ;,"<" As you are aware, I got involved in trying to save the old Freres gas station, which is located on the comer of Laketon and Henry. What began as an attempt to facilitate a move of the building for the county quickly became a personal commitment. While the County Convention and Visitor's Bureau expressed interest in saving the gas station for a ticket booth at Heritage Landing, it soon became apparent that the time frame of the He11z project would not allow a lengthy exploration of options. I decided to make a personal commitment to preserve this structure by obtaining a commercial line of credit through National City to pay for the move myself (see attached), Within a week I applied for and received loan approval, became incorporated, obtained insurance on the structure, and received commitments from Dietz Moving, Great Lakes Die Casting, and the He11z contractor to help make this project work. Everyone seems to want to help save this piece of Muskegon's past. It has been truly amazing the way I have been assisted in this project: • Sig Rudholm, the contractor for the Hertz project, has been very helpful making arrangements for the building's transition. • Dietz Movers have rearranged their schedule to accommodate the tight construction schedule for the Hertz facility. • National City expedited my loan paperwork understanding the urgency ofmy being able to pay the mover, • My attorney at Parmenter O'Toole made time for me at a moment's notice and turned around my LLC within 24-hours. • Great Lakes Die Cast has agreed to house the structure temporarily until it can be moved to a final resting spot. The remaining (and perhaps most important) issue, however, is the need for a lot on which to permanently place the station. The logical location to me is two adjacent Jots on Clay Avenue (a 22-foot city lot and 44-foot state lot). See attached map. This makes sense because: • This is an historic area and the station would accentuate that fact; • The lot is relatively small for a commercial use, yet the station is only 22 feet wide, so it could fit on the parcel and permit adequate parking on site; • The cost of moving the small structure is significant compared to its size, because of the type of building it is. High land costs will make this project economically unviable. • The lots are zoned Heritage, which pennits small scale retail businesses. That is what I intend to rent the building for. My request is that the combination of the two lots on Clay be sold to me ASAP to facilitate saving the historic Freres gas station. Further, I'm requesting both lots be put into and sold under the City's Historic Infill program adopted in resolution #2003-16(£)- "the $1,000 lot program." While the program was originally designed for housing infill, I believe this effort fulfills the spirit of the program. The preference is to permit me to buy the 22-foot lot that the City already has control of (for $1,000) so the building can be moved directly to that location. Once the state lot is in the City's control, I would be given that lot to merge the parcels and finish the project. Every stop and storage spot jeopardizes the structural integrity of the building and adds cost to the project-funds that could be used to upgrade the building and site. As you can imagine, not having a final destination for the structure is a serious impediment. Frankly, it raises the business risk factors to a level that scares me. Sometimes, however, you just have to take a leap of faith because you know that it is the right thing to do. I'm hoping the City Commission agrees with me! Once I have a lot to place the structure upon, I will obtain a commercial mortgage to complete the project (site plan review, foundation, parking lot, etc.) I'm requesting to be placed on the City Commission's July 13 th agenda, as I have a prior commitment for their work session on July 12'h. Again, I'm requesting that they sell me the 22-foot lot on Clay for$ I ,000 with the understanding that the 44-foot lot will be turned over to me as soon as the state turns it over to the City. I appreciate your time and consideration. National City® June 29, 2004 Brenda Moore 1873 Harrison Rd. Muskegon,MI49441 Dear Brenda: We are pleased to advise you that National City Bank ("Bank") has approved your loan request on the following terms: Loan Facility #1 Borrower: Brenda Moore Loan Facility: Line of Credit- Revolving Loan Amount: $30,000 rd Collateral: 3 mortgage position on 1873 Harrison Rd., Muskegon, MI 49441 Guarantor(s): Brenda Moore Term: Den1and Amortization: NIA Rate: Prime plus 3% (variable) Payment: 1 ½% of outstanding balance, monthly Fees: $300.00 Commitment Letter Brenda Moore Page 2 This commitment shall he effective upon our receipt before July 06, 2004 of this commitment bearing your signed acceptance and is made by the Bank to the Borrower and may not be assigned without the Bank's prior written consent. Upon the Borrower's acceptance of this commitment shall remain in full force and effect until July 30, 2004. Assistant Vice President Business Banking Division ,1 '----- ~ ACCEPTED this_,__ day of.___:..J.J""'""~,.,._"'-,'y'------'' 2004. I Brenda Moore ("Borrower") Commission Meeting Date: July 13, 2004 Date: July 6, 2004 To: Honorable Mayor & City Commission From: Community & Neighborhood Services RE: Disclosure of Potential Conflict of Interest Under CDBG Community Development Block Grant Program SUMMARY OF REQUEST: Under Community Development Block Grant regulations, potential Conflicts oflnterest must be disclosed to the public prior to requesting a waiver from HUD. Sheliah Shah of 807 Wood, has applied for CDBG assistance under the City's Emergency assistance Program. Ms. Shah is a member of the Citizen's District Council which governs how the monies are spent in this program. The City Attorney has determined that no Conflict of Interest is present in this case; however, this must be disclosed to the public before any further action can be taken. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: The legal opinion of the City Attorney must be kept on file with the City Clerk for future public review. If the public can present no evidence to support a potential conflict, a request for a Conflict oflnterest waiver may be forwarded to HUD for approval. COMMITTEE RECOMMENDATION: Not Applicable PARMENTER O'TOOLE Attorneys at law 175 West Apple Avenue • P.O. Box 786 ■ Muskegon, Michigan 49443-0786 Phone 231.722.1621 • Fax 231.722.7866 or 231.728.2206 www.Parmenterlaw.com June 24, 2004 Ardyce G. Haken Housing Specialist Community & Neighborhood Services City of Muskegon P.O. Box 536 Muskegon,MI 49443-0536 Re: Sheliah Shah Dear Ms. Haken: As a follow-up to your letter, the following opinion is provided. Your letter indicates that Ms. Shah has applied for Emergency Repair Program funds. Ms. Shah meets all requirements of the program and, other than the conflict, making the granting is consistent with the CDBG program. Ms. Shah is a member of the Citizen's District Council (CDC). The CDC makes decisions on rules and regnlations administering the Emergency Repair Program. Ms. Shah will not participate in any decision affecting her application. FEDERAL CONFLICT OF INTEREST CONCERNS The federal regulations provide that: No person who is an employee ... of the grantee ... that receives rental rehabilitation grant amounts and who exercises ... any functions or responsibilities with respect to assisted rehabilitation activities, or who is in a position to participate in a decision-making process ... with regard to such activities, may obtain a personal or financial interest or benefit from the activities, or have an interest in any contract, sub-contract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family ... ties .... 24 CFR 5 l l.12(a). Ms. Shah is in a position to affect how monies are spent in this program, but is not in a position to insure that monies are spent on her house. Ardyce G. Haken June 24, 2004 Page2 The appropriate course is to acknowledge the possibility of a conflict under the federal regulations and request HUD to determine that there is no conflict or provide a waiver. The federal regulations provide for a waiver process. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions on a case-by-case basis. An exception may be considered only after the participating jurisdiction has provided the following: (1) A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (2) An opinion of the participating jurisdiction's ... attorney that the interest for which the exception is sought would not violate state or local law. 29 CPR 92.356. A waiver would appear to be appropriate. Ms. Shah is intended to be the beneficiary of the program, and will receive, generally, the same benefit as is made available to others. Failure to provide the benefit to Ms. Shah will impose an undue hardship on her. STATE CONFLICT OF INTEREST CONCERNS The state has adopted the Contracts for Public Entities Act, which generally regulates contracts between governmental entities and public servants and officials. The Act is not applicable in this case. CITY OF MUSKEGON CONFLICT OF INTEREST CONCERNS The City of Muskegon Charter regulates, and generally prohibits, contracts between the City and employees of the City. The Charter is not applicable in this case. If you have any further questions or concerns, please feel free to contact me. ·ohn C. Schrier Direct: 231. 722.540 I Fax: 231.728.2206 E-Mail Address: jcs@parmenterlaw.com c: Wil Griffin G:\EDSI\FILES\00100\ 1719\LTR\BM3325.DOC Commission Meeting Date: March 23, 2004 Date: March 16, 2004 To: Honorable Mayor and City Commissioners From: Planning & Economic Development Qgc.,. RE: Rezoning request for property located at 955 W. Laketon. SUMMARY OF REQUEST: Request to rezone property located at 955 W. Laketon, from B-4, General Business to RT, Two Family Residential. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map and Master Land Use Plan. COMMITTEE RECOMMENDATION: The Planning Commission voted to deny the request at their 3/11 meeting and recommended that the City Commission ask the ZBA to reconsider the hardship application for this property. The denial request was approved with Commissioners S. Warmington, B. Smith, and T. Michalski voting nay. T. Johnson was absent. 3/16/2004 CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN ORDINANCE NO. 2136 An ordinance to amend the zoning map of the City to provide for a zone change for certain property from B-4 "General Business," to RT "Two Family Residential" THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS: The zoning map of the City of Muskegon is hereby amended to change the zoning of the following described property from B-4 "General Business", to RT "Two Family Residential": CITY OF MUSKEGON JURGENSEN ADDITION LOT 24 This ordinance adopted: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro Nayes:~~"-""-- - - - - -- - - - - - -- - - - - - - -- -- - - Adoption Date: ,I IJ.J y , 3 • 2 a a 4 Effective Date: August 3 , 2004 First Reading: June 2 2, 2 004 Second Reading: July 13, 2004 CITY OF MU~KEGON / By ho,J.. 0. ~ r Gail A Kundinger, City Clerk CITY OF MUSKEGON NOTICE OF ADOPTION Please take notice that on July 13, 2004, the City Commission of the City of Muskegon adopted an ordinance amending the zoning map to provide for the change of zoning of the following property from B-4 "General Business", to RT "Two Family Residential" CITY OF MUSKEGON JURGENSEN ADDITION LOT 24 Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours. This ordinance amendment is effective ten days from the date of this publication. Published _ _ _ _ _ _ _ _, 2004 CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ _ __ Gail A. Kundinger, MMC City Clerk ~ City of Muskegon ~ Planning Commission w~• Case # 2004-08 Uu lWJ IIIII If ±H tlliiII1I1111111.l,I L I I) LO ' i'"f'flt1 J iI I I I I " I I I H) t::::l~-'-'--LJ : : -H . . _. . S J~ r-'r - .... ~-1 W MlEAV ~fffff ITI!JIIIII 1111, rrm 11111111111 WU\l!CH ~ I L 1= I [[[IT]] [[[ ~ [ill ■"' SubjectPropetty(les) Q = Notiee Ar~a D 111111IIl]] ' ,.,"'=. ·. HAV .,. , "' R-1 II] []]H]ITO ~ j_ ti R-1 I e J.\ .... . '· pt. !fa 1 WLAKE_ !:!I. .i ?·- · r:'"' N c .. .R- . .L ~ " ~ 1~1-- -1 L B-4 I R-1::: Sinqte--F .ilmily Reskhmtial RT= Two-F .1mily Residenli.al 1-1 = Ughtlndushi.al B-4 = $eneral Busitless ~ ' - -"· :- ~ . ,- .__ 1-1 / ,___ -- · If "-- ' · I ;.L . .' - - ,___ ,___ I I' i.::c- - ,___ u .__ I ' - I ,__ I I ·. . 1 C:: B-4 B-4 t;L-..___ ~ ..1 - 1--- L..__ ,.....,.....,.. L ·- - . WINDSOR ~r < • ' R-1, "' 800 0 600 1200 Feet "' Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING March 11, 2004 Case 2004-8: Request to rezone the property located at 955 W. Laketon from B-4, General Business to RT, Two Family Residential, by Michael and Caterina Holt. BACKGROUND Applicant: Michael and Caterina Holt, 160 John Avenue, Muskegon, MI 49441 Address/Location of Subject Property: 955 W. Laketon Current Use: Single Family Residential Current Zoning: B-4, General Business Proposed Zoning: RT, Two Family Residential STAFF OBSERVATIONS I. The subject property is located near the intersection of Hudson and Laketon Avenue. It is Zoned B-4, General Business. The properties to the East and West are also zoned B-4. The properties located to the North and South are zoned R-1, Single Family. This property is located across the street from the southern edge of Area 12. 2. This case is a result of an enforcement action and went before the ZBA twice for a Use Variance request to allow the property to be rented as a 2-unit apru1ment building in The B-4, General Business District as Case 2003-10 and 2004-02. In both instru1ces, the ZBA denied the request. See excepts of ZBA minutes provided below. 3. Background excerpted from ZBA Staff rep01t. The Housing Inspector brought the situation to staff's attention. The entire south side of Laketon Ave., from Seaway Dr. to Barclay St. is zoned B-4, including the subject property. From the subject property eastward on this side of Laketon is almost entirely commercial, with only one other residential property. The property was historically a legal nonconforming two-unit aprutment building, with the first floor being owner- occupied by Edward Mikos. However, since at least 1996 the upper apru1ment had been vacant. The previous property owner had pruticipated in the City's paint program in 1996, which allows financial assistance for paint only for single-family homes. In order to qualify for the program, the homeowner agreed not to rent out the upper aprutment, and signed agreements to that effect in 1996, 1997 ru1d 2000. Mr. Mikos has since passed away and the property has been sold. The Housing Inspector became aware that the new owners are renting out both units and alerted staff to the situation. Staff wrote an enforcement letter to the current owners apprising them of the 3/16/04 4 situation and explaining that the upper apartment has lost its nonconforming status since it had been vacant for more than 2 years. 4. The proposed use of the property is for a 2-unit apartment building. Former Zoning staff gave the applicant several options after the variance was denied, these included: Conversion of a portion of the building to office use. The building could be used as a single family residential unit as a legal non-conforming use. Rezone the property. Finally the illegal upstairs unit could be closed off and left vacant. 5. The Future Land-Use Map shows the subject property as Commercial. 6. The subject property is located in Sub-Area 6: Barclay Street Sub-Area: ♦ It is the goal of the Master Plan to retain the mixed-use character of Sub-Area 6 and to demonstrate how varying land uses may co-exist, as well as compliment each other. ♦ Sub-Area issue: Commercial activity may also be found along Laketon Avenue, between Barclay Street and Seaway Drive. Commercial uses are situated in strip fashion along the roadway and include a variety oflocal retail and service facilities. ♦ Sub-Area issue: Commercial development along Laketon Avenue has been restricted to the area between Seaway Drive and Barclay Street. Pressure may result to extend commercial uses farther west due to the large population concentration in this area. ♦ Master Plan Recommendation: Restrict commercial development along Laketon A venue to Barclay Street. 7. Public Comments: • Planning Staff received a phone call from Bob Ferris from Dowd street who is against having a 2-family home there, but when he learned what could be allowed under the current zoning, he would rather have the 2-family home there. • Planning Staff received a phone call from Robert Mooney of 1848 Dowd who said that he is opposed to the zoning. He stated that there are already enough problems in the neighborhood without rezoning the structure to a 2-family. He added that there are already 2 families living there. ZBA Minutes: Hearing, Case 2003-10: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment building in the B-4, General Business, zoning district, by Michael and Caterina Holt. D. Steenhagen presented the staff report. This case is the result of an enforcement action. The Housing Inspector brought the situation to staffs attention. The entire south side of Laketon Ave., from Seaway Dr. to Barclay St. is zoned B-4, including the subject property. From the subject property eastward on this side of Laketon is almost entirely commercial, with only one other residential property. The property was historically a legal nonconfonning two-unit apartment building, with the first floor being owner-occupied by Edward Mikos. However, since at least l 996 the upper apartment had been vacant. The previous property owner had participated in the City's paint program in 1996, which allows financial assistance for paint only for single-family homes. In order to qualify for the program, the homeowner agreed not to rent out the upper apartment, and signed agreements to that effect in 1996, 1997 and 2000. Mr. Mikos has since passed away and the property has been sold. The Housing Inspector became aware that the new owners are renting out both units and alerted staff to the situation. Staff wrote an enforcement letter to the current owners apprising them of the situation and explaining that the upper apartment has lost its nonconfonning status since it had been vacant for more than 2 years. The current owners had three choices, 3/16/04 5 either to cease renting out the upper apartment and leaving the property as an existing non-conforming single-family building, to apply for a use variance to allow a 2-unit apartment building in the B-4 district, or to apply to have the property rezoned to a district which would allow a 2-unit apartment building. The owners have since made this use variance request. The Housing Inspector conducted an inspection of the property in May. There were several code violations found in both apartment units. If the use variance is approved, the property will still be required to have a Certificate of Compliance from the Inspections Department before the upper unit can legally be rented out The zoning ordinance requires that all residential uses have 2 paved, off-street parking spaces per unit If the use variance is approved and this property is used as a 2-unit, there would have to be four paved spaces provided. There is a paved driveway on the property and also a second access off of the alley, which is graveled, and leads to a graveled area behind the home, which appears to also be used for parking. Any parking area for the property needs to be paved. Staff has received a phone call from Bob Ferris, speaking for his mother Josephine who lives in the area. He was not sure which property would be affected but is opposed to the request because there are too many drifters in the area now and rental properties are not being kept up. Staff has also received a voice mail from Steve Gawron who is opposed to the request unless they are looking at all the zoning along Laketon Ave. R. Hilt asked how long the home had to be single family in order to participate in the paint program. D. Steenhagen stated that the program required it be single-family at the time of the service. J. Clingman-Scott asked about the agreement not to rent. D. Steenhagen stated that the agreement was with the inspections department. R. Hilt asked when the property lost its non-conforming status after 2 years of not being used, and once the property is sold, were the new owners notified. D. Steenhagen stated that the purchaser should have been informed of this by the previous owner or the realtor. C. Holt provided members with pictures of the home and a type written response to staff's concerns and answers to the fmdings of fact. She stated that they are responsible landlords. When an inspection is performed, the repairs that need to be made are completed before the next visit. She has already made some of the requested repairs that the Inspections Department had listed from their visit this year. R. Schweifler asked how many entrances there were to the upstairs apartment. C. Holt stated that there is a common area at the rear for both aparttnents that contains a door to each of the apartments plus a door in front to the lower unit. C. Kufta asked why the applicant wasn't trying to utilize the lower apartment for commercial use, such as a realtor's office. C. Holt stated that there wouldn't be enough parking in the rear of tl1e prope1ty that a business would require. C. Kufta asked how many parking spaces she thought there were on the property. C. Holt stated that there was about 4 spaces with an allowance for maneuvering. One of them may be parking on the grass a little. The way the property is set up is that you would pull in the driveway from the street and park in the back. You could leave the property by continuing to drive to the alley. R. Hilt asked if she was infmmed by the realtor or owner that the property had lost its non-conforming status. C. Holt stated that she wasn't informed of this. The realtor knew her intention was for this to be a 2 unit rental property. R. Hilt asked if she had spoken to the realtor since she found this out C. Holt stated that she has. They found out the plumbing was faulty and the realtor told her that the property was sold "as is". The owner had passed away and his 4 children were the ones selling the property. R. Hilt stated that he felt the ordinance wasn't the problem. The fact that the applicant wasn't notified that the property had lost its non-conforming status is the problem. C. Kufta asked what the square footage of the home was. C. Holt stated that the main floor was just over 1,000 sq. ft. The upper apartment was about the same or just under that A motion to close the public hearing was made by R. Schweifler, suppmted by R. Hilt and unanimously approved. C. Kufta stated that he couldn't get past the fact that this is in a commercial zoning and he felt that it wasn't proven that it couldn't be a commercial use. D. Steenhagen stated that B-4 is the most intensive use and almost any commercial use would be allowed there. C. Kufta asked how many parking spaces would be required for a commercial/retail space. D. Steenhagen stated that it would probably be I space per 300 or 400 sq. ft. of useable space depending on the use. R. Schweifler stated that the ordinance would allow for the lower apartment to be rented to a commercial use and residential for the upper aparttnent. He felt the ordinance is the problem and the building probably outdates the ordinance. He feels this is an appropriate use for the area and would support this variance. J. Clingman-Scott asked how the surrounding properties were zoned, such as on Dowd St D. Steenhagen stated that it is zoned single family. C. Kufta stated that they would also need to look at what is compatible with the over all area since there is single family behind it. He has a couple of issues. The first is whether a multi-family residential would be compatible with the area. The second is whether this could be utilized with commercial located in the lower with residential in the upper. D. Steenhagen stated that in general, staff considers busier streets to be more compatible with multi-family residential. R. Hilt stated that the plight is that the applicant probably wouldn't have purchased the property if they knew the property couldn't be used as a two family 3/16/04 6 residential. He felt it was the realtor's responsibility to know this. R. Schweifler agreed. There would need to be some extensive rehabbing to make this compliant with ADA codes to make this into a commercial use building. He felt the house lends itself to be a 2-unit home. C. Kulla stated that he is sympathetic with the plight of the applicant. When looking at the findings of fact, he doesn't feel that it was proven that this couldn't be used for commercial. J. Clingman-Scott stated that it could be made into commercial, but it would be costly. It would be easier to conve1t it to a single-family dwelling. Her preference would be to have it a single family home. R. Hilt stated that he is concerned with the number of exits for each aparttnent. D. Steenhagen stated that if there had been a problem, the Inspections Depaitment would have probably noted it in their inspection report. C. Kulla stated that he felt it wasn't proven that this couldn't be used for commercial. R. Schweifler asked what the uses are for a B-4 zoning. S. Schiller read them to the commission members. R. Schweifler stated that he couldn't see this property being used for the uses that were read. C. Kulla added that B-2 zoning uses could also be allowed. He read them to the commission members. R. Schweifler asked what the parking requirements would be for the uses. D. Steenhagen stated that it would depend on the use. She gave some examples. R. Schweifler felt they should look at what is allowable and use reasonable judgement. It would be hard to use this home for the allowable uses under the zoning. A motion that to deny the request because no proof was provided that the property at 955 W. Laketon Ave. couldn't be put to a reasonable use allowed in the B-4 zoning district was made by C. Kulla, supported by R. Hilt with discussion continuing on the motion. R. Schweifler suggested that it may be more appropriate to table this and allow for the owner to prove that this couldn't be put to a reasonable use permitted in the zoning district instead of making the owner wait a year to try to get a variance then. A motion to table the request was made by R. Schweifler, supported by J. Clingman-Scott and approved with S. Schiller voting nay. Case 2003-10: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment building in the B-4, General Business, zoning district, by Michael and Caterina Holt (tabled). C. Holt provided the commission members with a quote from a general contractor for the conversion of the bathroom and back entrance so they would be handicap accessible. The quote was also for the flattening and paving of the rear portion of the prope1ty for parking. The quote came to $37,000. There would be_additional costs involved with this to cater to any business that would locate there. She provided and explained pictures of the interior of the first floor aparttnent to the commission members. D. Newsome arrived at 4: 11 p.m. R. Hilt asked if she had any further contact with the realtor. C. Holt stated that she had, but it didn't help the situation any. The home was sold to her "as is". R. Hilt felt realtors need to do their job and explain everything to a prospective purchaser. He felt the applicant had explained her intent for the property to the realtor and it was the realtor's job to make sure it would be okay. He stated that the realtor is at fault and not the City codes. J. Clingman-Scott asked if the applicant had investigated the possibility of a commercial use for the property. C. Holt stated that she doesn't own any commercial properties and wouldn't know how to go about doing this. She only owns residential prope1ties. C. Kulla asked if the applicant was willing to use the home as a single family home. C. Holt stated that by doing this she would be required to perform renovations to the home. The stairway located in the common area would need to be refigured which would make the upstairs bathroom unusable. The area would also need to be insulated and drywalled. C. Kulla stated that his opinion hasn't changed. He felt that no proof was provided showing that the home couldn't be put to a reasonable use under the current zoning. R. Schweifler asked staff what would be required to convert this into a commercial use. D. Steenhagen stated that it would need to be brought up to commercial building code requirements. R. Schweifler added that it would also need to be ADA compliant, etc. He felt the quote the applicant had provided was expensive. J. Clingman-Scott stated that there had been no attempt to market the property as a commercial use. R. Hilt stated that he would like to see realtor do better research on properties prior to selling them. Especially if they know the intent of the purchaser is. S. Schiller stated that only the members who were present when this case was first heard last month should be voting on this. 3/16/04 7 A motion to deny the request because no proof was provided that the property at 955 W. Laketon Ave. couldn't be put to a reasonable use allowed in the B-4 zoning district was made by C. Kufta, suppmted by J. Clingman-Scott and unanimously approved with E. Fordham and D. Newsome abstaining. Hearing, Case 2004-2: Use Variance request to allow 955 W. Laketon Ave. to be rented as a 2-unit apartment building in the B-4, General Business, zoning district, by Michael and Caterina Holt. D. Steenhagen presented the staff report. This case came before the ZBA in June and July of last year. At that time the use variance was denied, an excerpt of the minutes from the previous two meetings was provided to the commission members. The Zoning Ordinance requires that if a variance is denied, the applicant must either wait a year before re-applying or must provide new evidence to the satisfaction of the Zoning Administrator. The applicant in this case has provided new evidence. Since the time of the variance denial, staff has worked with the applicant on the original enforcement case. The applicant understands that the options, if the variance were to be denied again, are to either convert the structure to a single-family residence, to convert the main floor to a commercial use with a residential apartment upstairs, or to leave the upstairs apartment vacant and only rent out the main floor apaitment. The applicant has provided additional information which was provided to the commission members. At the previous meetings, it was stated that the ZBA did not feel that an attempt had been made to either market or rent out tl1e main floor for a commercial use, to comply with the existing wning. The applicant has provided letters from two commercial realtors addressing the potential marketing or use of the structure for commercial purposes. The applicant has also provided a survey of the other existing uses along this portion of Laketon Ave., as well as quotes for converting the structure into either a single-family structure or a commercial structure (main floor). In order to convert the structure into a single-family home, staff had indicated to the applicant that there would need to be one, common entrance to the home, and that the stairway must be opened up to be accessible only from the first floor living space. The meters must also be consolidated. The residence would have to be rented to a single family and would have to function as a single-family home. Staff has received one e-mail which was provided to the commission members regarding this case. Staff has also received 2 phone calls. The first was from Bob Ferris of 1832 Dowd. He is opposed to this request because he felt it's hard to get good tenants in multi-unit dwellings. The second was from Randy Kyle of936 W. Laketon who had questions and stated that it seemed like a nice house. He gave no opinion. B. Larson asked if the variance were approved, does it remain with the applicant or stay with the property. D. Steenhagen stated that it would stay with the property. C. Holt went over the histmy of the home. She has owned the home for almost a year. She purchased the home with the intention of renting it as a duplex. She stated that there are other commercial buildings along Laketon that are currently vacant. The commercial buildings look commercial and not like a home. She felt that this duplex would be better served as a 2 unit since that is the way it was originally set up. J. Clingman-Scott asked how the prope1ty is currently being used. C. Holt stated that she has I family that is renting it, but they are using both parts of the home. D. Steenhagen added that structurally, this is a 2 unit home. R. Hilt asked why the request is for a variance to use the home as a 2 unit if both units are being used by l family now. C. Holt stated that she is breaking the rules now because both units are being used. A motion to close the public hearing was made by R. Hilt, supported by B. Larson and unanimously approved. B. Larson stated that he drives past this home almost daily. He went over a few of the currently vacant commercial buildings in this area. He stated that the green building by the Sand Bar is vacant and has been since it went up for sale over 3 years ago. He felt that since this is a home, it should be allowed to be residential and not be converted into a commercial site. J. Clingman-Scott stated that whether a commercial area is marketable or not doesn't have much to do with the wning ordinance. Whether a commercial area is desirable or not doesn't have anything to do with the zoning application. It is obviously rentable as a single family home because there is a single family living in it. There are always costs when rehabilitation is involved. She felt that the estimate of$l4,000 was reasonable to convert this to as single family dwelling and there are ways to finance it that are affordable. She didn't see it as an impediment to make it a viable property for the owners. R. Hilt stated that this is not a zoning issue, but a realtor one. He added that the reason it had been used as a single family dwelling was because the previous owner had wanted to participate in the paint program the City offered. In order for him to do that, the home had to be single family. He felt that the realtor should be held liable for this. 3/16/04 8 A motion that the use variance to permit a 2-unit apartment building at 955 W. Laketon Ave., be denied, because it wasn't proven that the cost of rehabbing the home to single family was cost prohibitive, there weren't unique circumstances peculiar to this property, and the property hasn't proven to not be marketable since it is being rented by a single family currently, was made by J. Clingman-Scott, supported by C. Kulla, with discussion on the motion continuing. B. Larson stated that he was inclined to support the variance request. D. Steenhagen added that if the applicant puts the money into converting the home into a single family dwelling and it ends up being destroyed more than 50% or the bottom unit to be vacant more than 2 years, it would lose it's nonconfonning status. Should the building be destroyed, she wouldn't be allowed to rebuild the home. The property would need to conform with the current zoning requirements for the zoning district. She also knows of cases where owners haven't been able to get a loan on property that is nonconforming due to the fact that it wouldn't be able to be rebuilt if it is destroyed more than 50%. J. Clingman-Scott stated tliat with tliat information she would be inclined to approve the variance also because she encountered that portion of the zoning ordinance with a project she was involved with. Her original way of thinking was that $14,000 isn't much ofan investment for a house, but if the home were destroyed then the money couldn't be recouped because of the nonconforming status. A motion to rescind the motion to deny was made by J. Clingman-Scott, supported by C. Kufta and unanimously approved. C. Kulla stated that the applicant did do a great job of doing some homework, but he doesn't feel that this variance should be granted. l11e commission members are to take the ordinance they have in front of them and apply the facts that are given. The fact still remains that it wasn't persuasive. The purpose of both of the apartments to be occupied creates a return on the investment. He could sympathize with the applicant. The applicant does have the ability to still rent I of the apartments. J. Clingman-Scott stated that it is cost prohibitive to convert this home to commercial or to a single family dwelling which they may not be able to get financing for or insurance on or ½ of the benefit of the income that could be produced from the house. She questions if this would be an unfair burden to put on the applicant. C. Kulla stated that they would also need to look at what would be fair to the rest of tl1e neighborhood. The reason for zoning is so people would have an idea of what they are getting into when they purchase property in any area. The following fmdings of fact were offered: The property could not be used (put to a reasonable use) for the purposes permitted in that zone district because it would be cost prohibitive and not marketable per commercial realtors. The plight is due to unique circumstances peculiar to the property and is not to general neighborhood conditions because the house wasn't constructed to be commercial or to receive clients on a daily basis. The home was constructed as a 2-unit. The proposed use would not alter the essential character of the area and will not materially impair the purposes of this ordinance or the public interest because there are already other residential homes in the area. The alleged hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property, or by any previous owner because the marketability of the building is affected negatively. By maintaining this zoning it will cause the home to be vacant and more prone to vandalism. The alleged hardship is not founded solely upon the opportunity to make the property more profitable or to reduce expense to the owner because it will help maintain the appearance and functionality of the property. The requested variance is the minimum action required to eliminate the hardship because this would be the most effective use for the property. The use variance does not permit a use specifically identified by this Ordinance as a use excluded from the particular zone in which requested because the use of a duplex isn't specifically listed as not being allowed under the current zoning. The extent to which the ordinance protect users or neighbors from threats to health, safety and welfare shall be considered. A use that seriously threatens the health of future residents or neighbors is not a beneficial or allowable use. The proposed use is not considered to be a threat to health, safety or welfare of future residents or neighbors because the prope1ties to the rear of this are residential. In no case shall a use that is a nuisance per se, or a use, which in that particular location constitutes a nuisance, be granted as a use variance. Such uses are not legal uses of the land. The proposed use is not considered a nuisance it would better coincide this the neighboring residential neighborhood. A motion that the findings of fact determined by the Zoning Board of Appeals be adopted and that the use variance to permit a 2-unit apartment building at 955 W. Laketon Ave., be approved, based on the findings of fact, with the following conditions: I) The variance is recorded with the deed to keep record of it in the future. 2) The property owner must work on 3/16/04 9 the existing code violations and obtain a Certificate of Compliance from the Inspections Dept. 3) Four paved, off-street parking spaces must be provided for the building, was made by B. Larson, suppmted by E. Fordham and failed with R. Hilt, S. Schiller, C. Kufta, and J. Clingman-Scott voting nay. PHOTOS , / // ! . 3/16/04 10 RECOMMENDATION Staff recommends denial of the request due to non compliance with the Master Plan and Future Land use Map. DELIBERATION Criteria-based questions typically asked during a rezoning include: I. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 2. What are the precedents and the possible effects of precedent which might result from the approval or denial of the petition. 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved. 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the surrounding property. 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City. 6. Are there any significant negative environmental impacts whicli would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on surface or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. DETERMINATION The following motions are offered for consideration: I move that the request to rezone property at 955 W. Laketon, from B-4, General Business to RT, Two Family Residential be recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the City Master Land Use Plan and zoning district intent. 3/16/04 11 Date: July 13, 2004 To: Honorable Mayor and City Commissioners From: Engineering RE: Request for Encroachment Agreement Alley off Howden to the East SUMMARY OF REQUEST: J- Mr. Stephen Gawron, owner of 19q8 Howden, has submitted the attached encroachment agreement form requesting your permission to install & maintain a berm with planting as well as a decorative fence along the north right of way line of the referenced alley. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the encroachment agreement with the supplemental conditions. COMMITTEE RECOMMENDATION: ,;J._00 'l-t3(1') CITY OF MUSKEGON ENCROACHMENT AGREEMENT AND PERMIT THIS AGREEMENT is made and entered into this /Jr/2 day of Ju {)' 20...Qf_, by and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and -~S_'t_c_,j2~h~e~-'l~_G_t1~w~r_o~n_______ (hereinafter called LICENSEE). RECITALS I. LICENSEE proposes to install, repair or maintain improvements or facilities ("the encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or owned by the City of Muskegon, the encroachment being described as :3er,., 4/4,./ erf ,,./ 7 ,, H,,,-'7(~~ 4-> "/ 4../~ d'~«HI......, . 4 ~ .,,,.4-....._v · . ;:f,:;.,--h;...,,.f if 1.; reve.d u,,,1e ,u ~ ,,;,._,_ r-4U.. sf ~ ~ 4-<- s-..-: ~ ,-11,,_,... ;v-J:.,1 2. The City-owned or controlled property (herein "property") subject to the encroachment is described as: [please insert a general description, and if required by the city, an accurate legal description) 3. The City is willing to grant such privilege upon the terms and conditions herein. This agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to any encroachment on public ways or property. THEREFORE, I. City does hereby grant unto LICENSEE the privilege of ✓constructing, ✓ installing, ___"'.'.'.:._maintaining, _ _ / _ repairing / performing all necessary functions relating to the encroachment, and for that purpose to enter the property, for the term hereing stated. This ():\ENGINEERING\COMMON\WORD\Blank Pcrmits\Encroachmenl Agreement and Permit.doc privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only after approval of this agreement by the City Commission and delivery to the City of the required evidence of insurance coverages. This grant is subject to the following special conditions: J'.,£ a.!'fi'k?Jd 2. That LICENSEE shall pay to the City for the privilege hereby granted the sum of_ One Jiv,,,Jrcd fwenl;.(- /1 //e., Dollars($ /,.,!S-. ~ ), such payment to be made upon the signing of this agreement to be dated as of the ~day of_~\L~""--l,-,:L"=----- 20_QJ_, to the City Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to terminate the first day of May. JOO?, unless sooner terminated as hereinafter provided. 3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or fines or awards brought against or charged to the city by any person, firm or corporation on account of or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related to the encroachment or this privilege. This indemnification obligation shall include all liabilities for environmental damage or releases of hazardous substances subject to any governmental or third party action. "Hazardous substance" is defined as any material constituting a prohibited or regulated substance under governmental law, rule, statute or regulation in force at any time, including future times. 4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan, naming City as an additional insured on any such policy. LICENSEE will file with 2 O:\ENGINEERING\COMMON\WORD\Blank Pcrmits\Encroachment Agreement and Permit.doc City certificates or policies evidencing such insurance coverage. The insurance policies or certificates shall provide that the City shall be given thirty days written notice before a cancellation or change in coverage may occur. The types of coverage and coverage limits to be required shall be as follows: C,7 LV' 1\ 'JI f'\<l ""-"<{ A: JJ,/,,,n,~{ \n\l,fecl ca 10;-z_ 5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the city a bond conforming with the requirements of any ordinance, and shall keep same in force during the entire term of this agreement. 6. The privilege hereby granted may be canceled and revoked by the CITY at any time upon giving said LICENSEE _days of written notice of such cancellation and revocation. 7. LICENSEE may surrender up the privilege hereby granted at any time upon giving notice in writing to the city ____ days prior to such surrender; provided, however, that upon the voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in such restoration. 8. That should said LICENSEE fail or refuse to conform to any of the conditions on its part to be performed hereunder, the privilege hereby granted shall immediately terminate and become null and void. 3 ():\ENC31NEER1NG\COMMON\WORD\Blank Permits\Encroachment Agreement and Permit.doc 9. This agreement shal be binding upon the respective heirs, representatives, successors and assigns of the parties hereto. Witnesses: CITY OF MUSKEGON By _ _ _ _ _ _ _ _ _ _ __ --------~Mayor And _ _ _ _ _ _ _ _ _ _ __ - - - - - - - - ~ Clerk LICENSEE: 4 O:\ENGINEERING\COMMON\WORD\Blank Permits\Encroachment Agreement and Permit.doc SUPPLEMENTAL CONDITIONS 1- The grantee shall be fully responsible for the maintenance of the berm and fence and any removal or relocation that becomes necessary to facilitate other public improvements projects within said right of way (s). 2- Grantee will be responsible for the maintenance and upkeep, for the duration of this agreement, a valid insurance coverage satisfactory to the City. 3- If approved (by City Commission), a permit to work in the right of way must be obtained from the Engineering Department before any work begins. 4- It shall be the responsibility of the grantor to ensure construction is not encroaching on any private property. DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-030169 Address: 1837 Kinsey. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1837 Kinsey is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-030169 - 1837 Kinsey Location and ownership: This structure is located on Kinsey between Laketon and Windsor and is owned by Bonaes, LLC. Staff Correspondence: A dangerous building inspection was conducted on 10/24/03and interior inspection 11/12/03 and the notice and order to repair was issued on 1/27/04. On 4/1/04 the HBA declared the structure substandard and dangerous. Owner Contact: There has been no contact from the owner. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $24,400 Estimated cost to repair: $40,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA-1837 Kinsey.doc page I of I CITY OF MUSKEGON DANGEROUS BUILDING INTERIOR INSPECTION REPORT 1837 Kinsey-lnterior 11/12/03 Inspection noted: 1. Electrical to be replaced to meet 2000 MRC. 2. Service to be replaced to meet 2000 MRC. 3. Smoke alarms to meet 2000 MRC. 4. Owner states he wants to tear house down - demolition permit required. 5. Floor system - upper in state of collapse. 6. Numerous ceiling damage - covering falling off ceiling. 7. Floors are severely buckled throughout - replace joists to code. 8. All stairs must meet code for handrail, guardrail requirements. 9. Doors are broken. 10. Due to extent of structural damage, engineer or architect is required to design repair. 11. Plumbing either missing or broken. 12. Mechanical does not function. 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\OLK 1A\I 837 Kinsey- Interior.doc CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1837 Kinsey 10/24/03 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Roof covering deteriorated - replace shingles, damaged sheathing. 3. Call for rafter inspection, severe bow in rafter system. 4. Garage roof & walls are in a state of collapse. 5. Repair all damaged siding. Scrape and paint window frames. 6. Replace exterior stairs: they are loose and dangerous. 7. All stairs and handrails to meet 2000 code. 8. All electrical, plumbing, and mechanical work must be performed by licensed contractors and only after appropriate permits are obtained from Inspection Services. 9. All construction work requires permits. Permits must be pulled before work begins. Please contact Inspection Services with any questions: 231-724-6715. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE. Henry Faltinowski, Building Inspector DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKl A\ l 837 Kinsey-ext .doc DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040024 Address: 307 Merrill. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 307 Merrill is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-040024 - 307 Merrill Location and ownership: This structure is located on Merrill between Fourth and Fifth Street. It is owned by JP Morgan Chase Bank. Staff Correspondence: A dangerous building inspection was conducted on 2/2/04 and the notice and order to repair was issued on 2/3/04. On 5/6/04 the HBA declared the structure substandard and dangerous. Owner Contact: There has been no contact from the owner. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $16,100 Estimated cost to repair: $1500 plus the cost of interior repairs Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local Settings\femporary Internet Files\OLKIA\AGENDA-307 Merrill.doc page I of I CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 307 Merrill 2/2/04 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Porch has structural damage and requires foundation repair. 3. Siding missing - repair/replace. 4. Fascia is damaged and falling off; repair or replace. 5. Broken and damaged doors - repair/replace. 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 FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\307 Merrill-Ext .doc 307 ; 7-/3-0'/ AGREEMENT THIS AGREEMENT, made this May 3. 2005 by and between: Press's LLC. (a corporation organized and existing under the law of the State of Michigan); (partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __ _ _ _ _ _ _ _,); hereinafter called the "Contractor," and the City of Muskegon, Michigan, hereinafter called the "City". WITNESSTH, that the Contractor and the City, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the demolition and clearance of 307 Merrill as well as required supplemental work for the completion of this project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. Contract Price. The City will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount not to exceed $4395.00. ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be limited to, the following: Invitation for Bids Instructions to Bidders Bid Proposal Agreement General Specifications for Project Performance Equal Opportunity and Employment Specifications Demolition and Site Clearance Specifications This Agreement, together with other documents listed in Article 3, which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the contract between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation, and/or classification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CONTRACTOR: v~'S=O~Cf=..:~t--_,f,_.r~e:.~--- BY: __·_·_, ~/4~U=t_,,_ 4:~· Printed narhe and title ATTEST: (SEAL) CERTIFICATION (IF APPLICABLE) I, 14/o~ ~ 5€,- 0 , certify that I am the~d~Ll~Q_·_ _ _ _ __ of the Corporation named as contractor herein; , who signed this Agreement on behalf of the Contractor, was then,~ibJ-L-=-~-----of said Corporation: That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: =--~~/cl~ (CORPORATE SEAL) 7A~r.,u v "3:;, c;e r- ere.. Printed Name and Title DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040008 Address: 382 Amity-Garage. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 382 Amity-Garage is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-040008 - 382 Amity - Garage Location and ownership: This structure is located on Amity between Emerald and Wood Street. It is owned by Doris Brown. Staff Correspondence: A dangerous building inspection was conducted on 1/26/04 and the notice and order to repair was issued on 1/27/04. On 4/1/04 the HBA declared the garage substandard and dangerous. Owner Contact: There has been no contact from the owner. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $24,100 Estimated cost to repair: $2,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local Settings"IJ'emporary Internet Files\OLKIA\AGENDA-382 Amity-G.doc page I of I CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 382 Amity - Garage 1/26/04 Inspection noted: 1. Windows boarded. 2. Siding rotted, missing paint, or missing. 3. Foundation inspection required. 4. 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 FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\382 Amity.doc ---- -· AGREEMENT THIS AGREEMENT, made this May 3, 2005 by and between: Press's LLC. (a corporation organized and existing under the law of the State of Michigan); (partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __ _ _ _ _ _ _ _ ); hereinafter called the "Contractor," and the City of Muskegon, Michigan, hereinafter called the "City". WITNESSTH, that the Contractor and the City, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the demolition and clearance of 382 Amity (Garage Only) as well as required supplemental work for the completion of this project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. Contract Price. The City will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount not to exceed $1310.00. ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be limited to, the following: Invitation for Bids Instructions to Bidders Bid Proposal Agreement General Specifications for Project Performance Equal Opportunity and Employment Specifications Demolition and Site Clearance Specifications This Agreement, together with other documents listed in Article 3, which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the contract between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation, and/or classification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CONTRACTOR: BY: \ ~ "'"-/ ~ °ei_Q r p~e Printed name and title ATTEST: CITY OF MUSKEG \ lk;L O~L~ City Clerk cJ (SEAL) CERTIFICATION (IF APPLICABLE) , certify that I am the _,__!Y>_.M\~------ of the Corporation named as contractor herein; That 1.-,,. I'<'-""' 't ~"' '2j <r , who signed this Agreement on behalf of the Contractor, was then._____..£51?---'-"-"0'-,------ of said Corporation: That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: 4~ (CORPORATE SEAL) -\Cl rn "'- t --3o- ""::f' f - Printed N me and Title fW.o DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040033 Address: 1194 Sixth. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1194 Sixth is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-040033 - 1194 Sixth Location and ownership: This structure is located on Sixth between Merrill and Monroe and is owned by Sam Hicks. Staff Correspondence: A dangerous building inspection was conducted on 3/9/04 and the notice and order to repair was issued on 3/22/04. On 5/6/04 the HBA declared the structure substandard and dangerous. The case began with an appeal by the owner stemming from requirements from the rental inspection. The owner was not present at the HBA meeting for his appeal and was ordered to have the trade inspectors inspect the house. Once the trade inspectors saw the condition of the house, it was determined to be a dangerous building. Owner Contact: The owner scheduled the interior inspection. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $17,300 Estimated cost to repair: $30,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA ~ 1194 Sixth.doc page I of I CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1194 Sixth 3/9/04 (INTERIOR INSPECTION) Inspection noted: 1. Complete rewire to comply with current Michigan Residential Code. 2. Smoke detectors to be installed per Michigan Residential Code. 3. Electrical service to be replaced to 2003 MRC. 4. House to be rewired to meet 2003 MRC. 5. Smoke alarms to meet 2003 MRC. 6. Complete plumbing & mechanical to be replaced to meet 2003 MRC. 7. All entry porches must be rebuilt to code 8. Siding needs to be scraped and repainted. 9. Foundation wall needs to be repaired. 10. Roof covering must be replaced. 11. Stabilize basement stairs (mechanical area of basement). 12. Foundation window opening must be replaced. 13. Shed roof on back needs structural replacement. 14. All damaged interior walls, ceilings, floors (coverings) need to be replaced. All work requires a building permit. This permit 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 FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1194 Sixth-Inspection rpt .doc DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-030131 Address: 331 Sumner-Garage. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 331 Sumner-Garage is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-030131, 331 Sumner - Garage Location and ownership: This structure is located on Sumner between Erickson and Octavius Street. It is owned by Dorothy Bates. Staff Correspondence: A dangerous building inspection was conducted on 5/29/03 and the notice and order to repair was issued on 6/12/03. On 11 /6/03 the HBA declared the garage substandard and dangerous. Owner Contact: The owner pulled a permit to repair 7/23/03 which expired 9/30/03. The permit was extended to 10/30/03. The owner and her son came in and submitted a proposal for NIC to repair the garage. There has been no further contact and the garage was not repaired by NIC. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $19, 000 Estimated cost to repair: $3,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA •331 Sumner•G.doc page 1 of 1 / _I • , / i \ ···.~ ~--' Ht~•, .''·~ '-.,.t1ll- ,· ·.- ,_,. ' .. I ' i., ,1 , . , _:1 •. ... ' .. • •,• . :. ! ' 33} Su,nn,r [ DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040030 Address: 1124 Ambrosia-Garage. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1124 Ambrosia-Garage is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-040030 - 1124 Ambrosia - Garage Location and ownership: This structure is located on Ambrosia between Iona and E. Isabella. It is owned by Dorothy Bailey. Staff Correspondence: A dangerous building inspection was conducted on 2/6/04 and the notice and order to repair was issued on 2/9/04. On 4/1/04 the HBA declared the garage substandard and dangerous. Owner Contact: The owner spoke with the Director; she knows the garage needs to be demolished. The city will proceed with the process and she is going to work out a payment plan with Bob Robles for the demolition. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $19,400 Estimated cost to repair: $5,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA ~1124 Ambrosia-G.doc page 1 of 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1124 Ambrosia - Garage 2/6/04 Inspection noted: 1. Structural lean noted. Structural integrity inspection is required. 2. Doors missing. 3. Windows missing. 4. Wood appears rotted in areas. 5. 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. ROBERT GRABINSKI, DIRECTOR OF INSPECTIONS DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1124 Ambrosia -G (2).doc I I 24 Ambros~°' AGREEMENT THIS AGREEMENT, made this May 3, 2005 by and between: Press's LLC. (a corporation organized and existing under the law of the State of Michigan); (partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __ _ _ _ _ _ _ _ ); hereinafter called the "Contractor," and the City of Muskegon, Michigan, hereinafter called the "City". WITNESSTH, that the Contractor and the City, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the demolition and clearance of 1124 Ambrosia (Garage Only) as well as required supplemental work for the completion of this project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. Contract Price. The City will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount not to exceed $1315.00. ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be limited to, the following: Invitation for Bids Instructions to Bidders Bid Proposal Agreement General Specifications for Project Performance Equal Opportunity and Employment Specifications Demolition and Site Clearance Specifications This Agreement, together with other documents listed in Article 3, which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the contract between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation, and/or classification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CONTRACTOR: BY: -\ F>mr,~ - ~)>0. ..0 Printed name anE title C - 't;?t£"i ATTEST: BY: City Clerk (SEAL) CERTIFICATION (IF APPLICABLE) I, ~\ 0-... Y'\ 1:-&, 9-fa, , certify that I am the -'-'-'-.ld=f\'-'---------- of the Corporation named as contractor herein; ~ --f' That '- o~ 0<--S".': "\ -.:,e,.o.:i Q , , who signed this Agreement on behalf of the Contractor, was then.--->=~CLl[=e-,,.'S_ _ _ _ _ _ _ of said Corporation: That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. (CORPORATE SEAL) DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-040003 Address: 509Amity. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 509 Amity is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-040003 - 509 Amity Location and ownership: This structure is located on Amity between Williams and Scott Street. It is owned by Mary Barnes. Staff Correspondence: A dangerous building inspection was conducted on 1/20/04 and the notice and order to repair was issued on 1/23/04. On 4/1/04 the HBA declared the garage substandard and dangerous. Owner Contact: This property was owned by Carrie Green, who is recently deceased. Her family was present at the 4/1/04 HBA meeting. Her daughter, Mary Barnes, stated the family was trying to sell the house at the time. They stated Marshall Redder might be interested in purchasing the home. The Director of Inspections explained the demolition process to Ms. Barnes, they can still sell the house, the new owner will have to bring it up to code. On 6/24/04 Mary Barnes came into the office to say that Marshall Redder was purchasing the house. She wanted to make sure it was ok for her to sell the house during this process. She was told she can sell it, but the demolition process will continue and it will be up to the new owner to stop the process. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $13,900 Estimated cost to repair: $2,000 plus the cost of interior repairs Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. C:\Documents and Settings\Potter\Local Settings'IJ'emporary Internet Files\OLKlA\AGENDA -509 Amity.doc page I of2 City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA-509 Amity.doc page 2 of2 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 509 Amity 1/20/04 Inspection noted: 1. Structure boarded and vacant over 180 days. 2. Interior inspection with building, plumbing, mechanical, and electrical inspectors required. 3. 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 FALTINOWSKI, BUILDING INSPECTOR DATE C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\509 Amity-Ext .doc ~-· J-/J-O'f AGREEMENT THIS AGREEMENT, made this May 3, 2005 by and between: Press"s LLC. (a corporation organized and existing under the law of the State of Michigan); (partnership consisting of _ _ _ _ _ _ _ _ ); (an individual trading as _ __ _ _ _ _ _ _ _ ); hereinafter called the "Contractor," and the City of Muskegon, Michigan, hereinafter called the "City". WITNESSTH. that the Contractor and the City, for the consideration stated herein, mutually agree as follows: ARTICLE 1; Statement of Work. The Contractor shall furnish all supervision. technical personnel, labor, materials. machinery, tools. equipment. and services. including utility and transportation services, and perform and complete all work required for the demolition and clearance of 509 Amity as well as required supplemental work for the completion of this project. all in strict accordance with the Contract, including all Addenda. ARTICLE 2. Contract Price. The City will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount not to exceed $3500.00. ARTICLE 3. CONTRACT: The executed contract shall consist of, but not be limited to, the following: Invitation for Bids Instructions to Bidders Bid Proposal Agreement General Specifications for Project Performance Equal Opportunity and Employment Specifications Demolition and Site Clearance Specifications This Agreement, together with other documents listed in Article 3. which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the contract between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation, and/or classification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract. IN WITNESS WHEREOF. the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CONTRACTOR: BY: 78A~1.!Av( 3,_c-") e, ( - fA«,;s. Printed name and title ATTEST: ,,._g,a-zt-e_ J y ~ City Clerk (SEAL) CERTIFICATION (IF APPLICABLE) I, /J/Ml ~'6°£ , certify that I am the ~JV\~~=1~'"'-=---\~<?~(_ _ __ of the Corporation named as contractor herein; That --;a m(i, y ::;• ::tger , who signed this Agreement on behalf of the Contractor, was then,__JpC---!-r""~""<'~·_ _ _ _ _ _ of said Corporation: That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers. Signed: ~11-=~'~=i--~+=----AC------- (CORPORATE SEAL) .MtMy'. £o/ r JJj~;, Printed Name and7rft1e ' Potter, Linda From: Grabinski, Lorraine Sent: Thursday, July 08, 2004 2:23 PM To: Kleibecker, Tony; Potter, Linda Subject: 7/13 Commission 769 amity garage is repaired - please remove from agenda. 1 DATE: July 6, 2004 TO: Honorable Mayor and Commissioners FROM: Anthony L. Kleibecker, Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN-030020 Address: 769 Amity-Garage. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 769 Amity-Garage is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN-030020 - 769 Amity - Garage Location and ownership: This structure is located on Amity between Kenneth and Getty Street. It is owned by Lucille Redd. Staff Correspondence: A dangerous building inspection was conducted on 9/11/02 and the notice and order to repair was issued on 9/26/02. The owner pulled a permit to repair the garage on 3/31/03 with an expiration date of 5/1/03. On 7/3/03 the HBA declared the garage substandard because the repairs were not completed. Owner Contact: On 11/4/02 the owner contacted the Inspection office and stated the garage would be repaired when her neighbor had the time to do it. She was in the office 3/31/03 to get the permit to repair. She scheduled an inspection 7/24/03 and the garage was found to be partially repaired. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $16,400 Estimated cost to repair: $1,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 13, 2004. C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA-769 Amity-G.doc page 1 of l CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 769Amity- G (GARAGE) 9/11/02 Inspection noted: 1. Partially demolished. Must be completed after permit is obtained. TO REPAIR: 1. Finish removing back section of garage. 2. Re-frame back section. Use treated wood for bottom plate. 3. Re-side back of garage uniformly. 4. Re-install soffit panel. 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\OLKJA\769 Amity - G.doc -
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