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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 13, 2004
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• INTRODUCTIONS/PRESENTATION
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Resolution for Charitable Gaming License. CITY CLERK
c. Appointments to Committees and Boards. COMMUNITY RELATIONS
COMMITTEE
d. Housing Commission Appointment. CITY MANAGER
e. Sale of Unbuildable Lot at 739 Ellifson Avenue. PLANNING &
ECONOMIC DEVELOPMENT
f. Sale of Unbuildable Lot at 1513 Park Street. PLANNING & ECONOMIC
DEVELOPMENT
g. Termination of Old Ferry Agreement. CITY MANAGER
h. Request for Encroachment Agreement - Torresen Marine, Inc.
ENGINEERING
• PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate, Ameriform.
PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
a. FIRST READING - Parks Parking Ordinance. LEISURE SERVICES
b. Ruddiman Creek Access Agreement. LEISURE SERVICES
c. Denial of Parkina Ramp Proposal. PLANNING & ECONOMIC
DEVELOPMENT
d. Nugent Sand Issue. CITY COMMISSION
e. Concurrence with the Housing Board of Appeals Notice & Order to
demolish the following:
1) 1166 W. Grand (Area 12)
2) 781 W. Southern (Area 12)
3) 204 W. Dale
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: To discuss pending litigation.
• 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 !he City Clerk.
• Be recognized by the Chair.
• Step foiward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231)
724-4172.
Date: January 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 Commission
Worksession that was held on Monday, December 8, 2003; and the
Regular Commission Meeting that was held on Tuesday, December 9,
2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 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, January 13, 2004.
Mayor Warmington opened the meeting with a prayer from Pastor Terry Baker
from the Spring Street Baptist Church after which the Commission and Public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioners
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier and City Clerk
Gail Kundinger.
2004-02 CONSENT AGENDA
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
that was held on Monday, December 8, 2003; and the Regular Commission
Meeting that was held on Tuesday, December 9, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: The Child Abuse Council of Muskegon County, 1781
Peck Street, is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
c. Appointments to Committees and Boards. COMMUNITY RELATIONS
COMMITTEE
SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee for appointments as reflected in the minutes of
the January 5, 2004 meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: Approve the recommendations.
STAFF RECOMMENDATION: Approve the recommendations from the Community
Relations Committee.
d. Housing Commission Appointment. CITY MANAGER
SUMMARY OF REQUEST: To approve the reappointment of Ed Horne to the
Muskegon Housing Commission for a five-year term to expire January 31, 2009.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the appointment.
e. Sale of Unbuildable Lot at 739 Ellifson Avenue. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot (Parcel
#24-205-035-0001-05) at 739 Ellifson Avenue to Daniel and Phyllis McCarthy,
owners of 735 Ellifson, Muskegon, Ml 49442 and Pamela Scott, 745 Ellifson
Avenue, Muskegon, Ml 49442. Approval of this sale will allow these two
adjacent property owners to expand their current yards. As is required by City
policy, the subject parcel is being offered for $100, and will be split between the
McCarthy's and Ms. Scott for $50 each.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and deeds.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC)
recommended approval of this request at their December 16, 2003 meeting.
f. Sale of Unbuildable Lot at 1513 Park Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant, marginal lot (Parcel
#24-205-417-0003-00) at 1513 Park Street to Scott McCullough, 1519 Park Street,
Muskegon, Ml, Fanny Hatcher, 1507 Park St., Muskegon, Ml, and Michael South,
453 W. Grand Ave., Muskegon, Ml. Approval of this sale will allow the adjacent
properly owners lo have homes located on buildable lots, as well as expanding
their current yards. Since this is a marginal lot, and two of the adjacent property
owners are localed on unbuildable lots, LRC recommended the sale of this
parcel for $ l 00. The subject parcel will be split between the three adjacent
property owners and the price split between them.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed back
on the City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both the
Mayor and the Clerk to sign the resolution and the deed.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC)
recommended approval at their November 18, 2003 meeting.
g. Termination of Old Ferry Agreement. CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with Lake Express to
terminate the lease agreement dated March 4, 2003, between the City and
Lake Express. This agreement was replaced by a new lease agreement dated
October 28, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement.
h. Request for Encroachment Agreement - Torresen Marine. Inc.
ENGINEERING
SUMMARY OF REQUEST: Torresen Marine Inc. has submitted an encroachment
agreement form requesting your permission to install an underground 2" conduit
across Lakeshore Dr. just east of Sampson. The installation would utilize a bore &
Jack method. The conduit would be utilized as telecommunication facility
carrier.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with the
supplemental conditions.
i. "Cool Cities" Resolution. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution of support and commitment
for participation in the "Creating Cool Collaboration" strategic planning session.
STAFF RECOMMENDATION: Approval
j. Fees for Business Registration and Liquor Licensing Renewals. CITY CLERK
SUMMARY OF REQUEST: Approval of amendments to the Master Fee Resolution
to include Business Registration fee increase from $25 to $30 annually, and Liquor
License renewal fee at $100 annually.
FINANCIAL IMPACT: Additional revenue of approximately $6,300.
BUDGET ACTION NEEDED: Increase Business Registration revenue.
STAFF RECOMMENDATION: Approve the amendments to the Master Fee
Resolution to include the 2004 Business Registration fee of $30 and the Liquor
License renewal fee of $100.
k. Approval of Transfer of Obligation. COMMUNITY & NEIGHBORHOOD
SERVICES
SUMMARY OF REQUEST: To approve a transfer of obligation for a rehabilitation
(siding) that was completed by the CNS Department in 2002. Currently, Ms.
Kimberly Hunter of 130 E. Isabella who has a forgivable five-year lien with a
current balance of $6,311.20 wishes to sell the property to Ms. Carisa Brown who
is purchasing Hunter's home prior to foreclosure. Ms. Brown agrees to accept all
of the CNS requirements in reference to the home that was sided by the
department in 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve
the Consent Agenda.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
2004-03 PUBLIC HEARINGS:
a. Request for an Industrial Facilities Exemption Certificate. Ameriform.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 197 4, as amended,
Ameriform, Inc., 1790 Sun Dolphin Drive, Muskegon, Michigan, manufacturer of
custom thermoformed plastic products, has requested the issuance of an
Industrial Facilities Exemption Certificate. Total capital investment for this project
is $702,725 in personal property. The project will result in the creation of 5 new
employment opportunities. Ameriform, Inc., along with its sister company, KL
Industries, has a current workforce of approximately 200 people in 3 locations.
FINANCIAL IMPACT: The City will capture certain additional property and
income 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 seven (7) years.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments
from the public. No public comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Larson to close the
Public Hearing at 5:47 p.m. and approve the resolution granting an Industrial
Facilities Exemption Certificate for a term of seven years.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
2004-04 NEW BUSINESS:
a. Tentative Agreement Reached with Muskegon Police Command Union.
ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends approval of the set of tentative
agreements reached with the Muskegon Police Command Union. Tentative
Agreements were ratified by the union membership at a meeting held on
Monday, January 12, 2004.
FINANCIAL IMPACT: The overall financial packet is about 10% of payroll. The
packet includes the following significant economic agreements:
Union
Wages
2004 2005 2006
2.00% 2.00% 2.00%
Pension
Effective 12/31 /06, increase multiplier from 2.5% to 2.7 5% (for normal
retirement), and change retirement age from 55 w/25 yrs. of service to
age 53 w/25 yrs. of service.
Insurance
Increase major medical cap from $225,000 to $300,000
Future Reduction in Health Care Costs
a. Increase co-pays for generic and brand name drugs;
b. Increase premium co-pay to $20 bi-weekly;
c. l / l /04 limit retiree dependents to those identified at time of retiree
retirement;
d. Establish employee health insurance savings account to allow
employees to contribute pre-tax monies to be used for health and
prescription costs after retirement.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Gawron, second by Commissioner Spataro to approve
the tentative agreement with the Muskegon Police Command Union.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson,
Shepherd
Nays: None
MOTION PASSES
b. FIRST READING - Parks Parking Ordinance. LEISURE SERVICES
SUMMARY OF REQUEST: To adopt the ordinance, which will allow for level 3
parking tickets for parks as was in the old set of parking ordinances.
FINANCIAL IMPACT: Continues the Level 3 tickets for parks at $17.50.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval.
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt
the ordinance.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
c. Ruddiman Creek Access Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the access
agreement to allow for the removal of contamination in Ruddiman Creek.
FINANCIAL IMPACT: None to the City.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Carter, second by Commissioner Shepherd to authorize
the Mayor and Clerk to sign the access agreement.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
d. Denial of Parking Ramp Proposal. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: The City distributed a Request for Proposals for the City
Parking Ramp this fall. The proposals were due in late November. The only
proposal received was from St. Mary's Catholic Church. They proposed a real-
estate "swap", which included the City demolishing the existing City ramp, then
swapping the land with St. Mary's for their parking lot on SW corner of Jefferson
and Webster. It is recommended that the proposal be denied, as the City
would be responsible for the expense of demolishing the parking ramp.
FINANCIAL IMPACT: None (if the proposal is denied), with the exception that the
City will continue to provide minimal maintenance on the facility until it is reused
or sold at a later date.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To deny the proposal from St. Mary's Church.
Motion by Vice Mayor Larson, second by Commissioner Spataro to deny the
proposal from St. Mary's Church and send them a letter thanking them for their
proposal.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
e. Nugent Sand Resolution. CITY COMMISSION
------
SUMMARY OF REQUEST: To authorize the Mayor and Commissioners to sign the
resolution in opposition to the construction of a pipeline through the barrier dune
to Lake Michigan.
Motion by Commissioner Shepherd, second by Commissioner Gawron to
approve the resolution that is in opposition to the construction of a pipeline
through the barrier dune to Lake Michigan.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
f. Concurrence with the Housing Board of Appeals Notice & Order to
Demolish the Following: INSPECTIONS
SUMMARY OF REQUEST: To request City Commission concur with the findings of
the Housing Board of Appeals that the structures located at the following
addresses are unsafe, substandard, public nuisances and that they be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
1. 781 W. Southern (Area 12)
CASE NUMBER AND PROJECT ADDRESS: #EN030l 37, 781 W. Southern (Area 12)
LOCATION AND OWNERSHIP: This structure is located on W. Southern between
Beidler and Henry Streets. 11 is owned by Beneficial Michigan.
STAFF CORRESPONDENCE: This property was written as a dangerous building 8-
19-03 when the housing inspector referred it to the Director of Inspections
because of the condition. The Notice and Order to repair or remove was issued
9-17-03 and the Housing Board of Appeals declared the structure on November
6, 2003. No one was present at that meeting to represent this case.
OWNER CONTACT: None
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEY: $23, l 00
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $6,000 plus the cost of interior repairs
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur
with the Housing Board of Appeals decision to demolish 781 W. Southern.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
MOTION PASSES
2. 1166 W. Grand
CASE NUMBER AND PROJECT ADDRESS: #01-05 l - 1166 W. Grand (Area 12)
LOCATION AND OWNERSHIP: This structure is located on W. Grand west of
Barclay at the end of the cul de sac. It was owned by Kenneth and Maryjane
Sanford and they sold it on a land contract to James and Tamara Ward. An
inspection was conducted on 11 /15/01 due to complaints regarding the exterior
condition of the home. A notice and order to repair or remove was issued
2/26/02. The case was heard before the HBA on May 2, 2002 and it was tabled
for 180 days. At that time it was ordered that the repairs to the front of the
house be completed within 30 days and the exterior repairs be completed
within 90 days. It was stated if the conditions were met, the case would not be
brought back to the HBA. The exterior repairs were not completed and the
case was heard again before the HBA on 12/5/02. The Wards were not present,
but they called the office on 11 /27 /02 and stated they had been working inside
and spent a large amount of money on the electrical work and that the front of
the house would be completed within 60 days. There has been no contact with
the owners since that date. The HBA declared it dangerous and substandard
on 12/5/02. The case was brought before City Commission on 3/25/03 and was
tabled indefinitely to give the Wards an opportunity to repair. In September
2003 they had a furnace installed, with the help of CNS. On 11 /17 /03 a
complaint notice was issued regarding junk on the front porch and reissued
12/1/03. On 12/18/03 a $100 civil infraction was issued for storing rubbish on the
porch. On this date it was discovered that the gas had been shut off for non-
payment and the Wards had moved to Florida and they are renting the house
out. An officer attempted to speak to someone at the house due to neighbor
complaints, but got no answer. He was able to see a small propane stove inside
on the kitchen counter. Another exterior inspection was conducted 1/2/04.
STAFF CORRESPONDENCE: A dangerous building inspection report was written
11/15/01 and Notice and Order to repair or remove was issued 2/26/02. On
5/2/02 the HBA tabled the case for 180 days to allow the owner to complete
repairs. On 12/5/02 the HBA declared the house substandard and dangerous.
On 3/25/03 the City Commission heard the case and tabled it indefinitely.
OWNER CONTACT: The owners were present at the 5/2/02 HBA meeting and
stated they wanted to repair the house. A progress inspection was ordered by
the City Commission 3/25/03 and was conducted 4/10/03. The Wards have not
contacted the lmpection Department since then, but have been in Contact
with CNS for financial help with the furnace.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $26,500
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $25,000
Motion by Commissioner Shepherd, second by Vice Mayor Larson to call for the
question.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd,
Spataro
Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Spataro to concur with
the Housing Board of Appeals Notice and Order to demolish 1166 W. Grand.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Gawron, Larson, Shepherd
Nays: Davis
MOTION PASSES
3. 204 W. Dale
CASE NUMBER AND PROJECT ADDRESS: #EN030l 65, 204 W. Dale
LOCATION AND OWNERSHIP: This structure is located on W. Dale between Fifth
and Sixth Street. It is owned by Raul and Sharon Melgoza.
STAFF CORRESPONDENCE: This property was written as a dangerous building
l 0/l 4/03 when the housing inspector referred it to the Director of Inspections
because of the conditions. The owner did not have a Certificate of
Compliance and was trying to evict the tenants at the time. The Notice and
Order to repair or remove was issued l 0/2 l /03 and the Housing Board of
Appeals declared the structure on December 4, 2003. No one was present at
that meeting to represent this case.
OWNER CONTACT: Mrs. Melgoza contacted the Inspection office in early
November and stated her husband is incarcerated and she is trying to evict the
tenants. She was referred to Legal Aid because she has no Certificate of
Compliance and was having a problem getting the tenants out.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $14,700
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
ESTIMATED COST OF REPAIRS: $15,000 plus cost of repairs for upper unit.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur
with the Housing Board of Appeals decision to demolish 204 W. Dale.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2004-05 ANY OTHER BUSINESS: Commissioner Larson commented on his
concern reference the Ferry Dock. City Manager will set up a meeting with the
County. Commissioner Spataro commented on a letter from a City employee
that was sent to th e Commissioners. This was referred to the Legislative Policy
Committee.
2004-06 PUBLIC PARTICIPATION: Comments were heard from the public
thanking the Commission for their decision reference Nugent Sand.
2004-07 CLOSED SESSION: To discuss pending litigation.
Motion by Vice Mayor Larson, second by Commissioner Gawron to go into
Closed Session at 6:52 p.m.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington,
Carter
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Spataro to come
out of Closed Session at 7: 18 p.m.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter,
Davis
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Carter to concur
with the recommendations from the City Attorney.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis,
Gawron
Nays: None
MOTION PASSES
The Regular Commission Meeting of the City of Muskegon was adjourned at 7: 19
p.m.
R
~ ul(t~~~
Gail A. Kundinger, MMC
City Clerk
Date: January 13, 2004
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: The Child Abuse Council of Muskegon
County, 1781 Peck Street, is requesting a resolution recognizing them
as a non-profit organization operating in the City for the purpose of
obtaining a gaming license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: None
CH I LO
ABUSE COUNC IL
FVFRY STrP OF THF WAY.
December 17, 2003
Linda Potter
Muskegon City Hall
933 Terrace
Muskegon, MI 49440
Dear Linda:
Thank you so much for your help with this matter. Enclosed if form that
we need filled out at the January 13, 2004 meeting.
The Child Abuse Council of Muskegon County wants to hold a Bingo game
at the Roberts Hall, 4095 Grand Haven Road, Muskegon, MI 49441 , on
Monday mornings. We need a resolution passed that we are a recognized
nonprofit organization in the community.
Enclosed you will find the Local Governing Body Resolution for Charitable
Gaming License form, nonprofit status letter, and a copy of the letter from
the Bureau of State Lottery requesting a resolution passed by the City of
Muskegon.
Sincerely,
Vicki Price
Office Manager
U nitedway
A powcrfu I voice of Muskegon County
in a child ", lifP. • 0
Ch ild Abuse Council of Muskegon County · l 7frl Peck St. · Muskegon, Ml 4944·1
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J IJ~) LOCAL CfVIC ORGANIZATION QUALIFICATION INFORMATION
1~ ;
Please allow at least 4 weeks for the qualification process.
If the organization l1as never submitted qualifying information as a local civic org~mization,
the fol!ow1ng informati on shall be submitted prior to being approved to conduct a bingo,
millionaire party, raffle, charity game, ot numeral game.
1 . A ~lgmg___c!D9_Q.fils!.Q copy of the organization's current bylaws or constitution.
2. A complete copy of the organization's Articles of Incorporation that have been filed
with the Corporations and Securities Bureau, if the organization is incorporated.
3. A copy of the letter from the I RS stating the organization is exempt from federal tax
under IRS code 501 (c)3
OR
copies of one bank statement per year for ~he previous five years, exch,:ding tt10
current year.
4 . A provision in the bylaws, constitut:on, or htides of Incorporation that states
should the organization dissolve, all assets, and real and personal property w ill revert:
A. If exempt under 501 (c)3, to another 501 (c)3 organization.
B. If not exempt under 501 (c)3, to the local government.
5. A receipt and expenditure statement for the last two yearn. If expenditures were
made to individuals, explain tl1e natL1re of these expenditures.
6. A copy of a resolution passed by the local body of government stating the
organization is a recognized nonprofit organization in the community (sample format
'1ttached).
7. A provision in the bylaws, constitution, or Articles of Incorporation indicating the.
organization will remain nonprofit forever.
Additional information may be requested after the initial documents submitted have been
reviewed. If you have any questions or need further assistance, please call our office at
(.517) 335-1 159.
--------~=r•-•-•---
Act 382 ci the PLJblic Acts of 19 i'2 as amended. defines a local civic organiBtion as an organization •not fer
pecuniary profit and not affiliated with a state or national orgarizati:;n, wh,ch is rec.;ognized by resolu:io,~ adopted by
tt,.,
::ity !,i w:ilch the org:rnizatlon conducts its principal activities, whose cor stltutlon, charter, articles of
incoroora!ion, or bylaws coma in a provision to: tho perpe:uatior oi the organization as a nonprofit org;-,,r;1zation
whose entire assets are pledged to charitable purp::ses, and whose constitullo'l, charter a,i icles oi 1r.corporat1on, or
b71aws contain a p.ovis!on that all assets, real property, ar.d pe r:iona1 propercy shall revert to the benefit of the city
governmerit upon dissolution cf the organization.'
BSL-CG-:45o(RS/03)
IO: E. HILLSDALE • P.O. 80>, 30Q2J • LANSING MICHIGAN 48909
,1ww.m ic1119.ll'.gov • (517) 325-560C
• I
Internal Revenue Service Department of the Treasury
District Director
Date: Employer Identification Number:
DEC 7 1983 38-2195091
Accounting Period Ending:
April 30
Form 990 R•qulr•d: I[] Yes O No
~ Council on Child Abuse and Neglect Person to ContBct:
of Muskegon County Naomi L. Anderson
1611 East Oak Avenue Contact Telephone Number:
Muskegon, MI 49442 513-684-2501
Case No. 313264008EO
Dear Applicant:
Based on information supplied, and assuming your operations will be as stated
in your application for recognition of exemption, we have determined you are exempt
from Federal income tax under section 501(c)(3) of the Internal Revenue Code.
We have further determined that you are not a private foundation within the
meaning of section 509(a) of the Code, because you are an organization described
in section 509(a)(l) and 170(b)(l)(A)(vi).
If your sources of support, or your purposes, character, or method of operation
change, please let us know so we can consider the effect of the change on your
exempt status and foundation status. Also, you should inform us of all changes in
your name or address.
Generally, you are not liable for social security (FICA) taxes unless you file
a waiver of exemption certificate as provided in the Federal Insurance Contributions
Act. If you have paid FICA taxes without filing the waiver, you should contact us.
You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA).
Since you are not a private foundation, you are not subject to the excise taxes
under Chapter 42 of the Code. However, you are not automatically exempt from other
Federal excise taxes. If you have any questions about excise, imployment, or other
Federal taxes, please let us know.
Donors may deduct contributions to you as provided in section 170 of the Code.
Bequests. legacies, devises, transfers, or -gifts ·to you or for ·your use ate
deductible for Federal estate and gift tax purposes if they meet the applicable
provisions of sections 2055, 2106, and 2522 of the Code.
The box checked in the heading of this letter shows whether you must file
Form 990, Return or Organization Exempt from Income tax. If Yes is checked, you
are required to file Form 990 only if your gross receipts each year are normally
more than $10,000. If a return is required, it must be filed by the 15th day of
of the fifth month after the end of your annual accounting period. The law imposes
a penalty of $10 a day, up to a maximum of $5,000, when a return is filed late,
unless there is reasonable cause for the delay.
P.O. Box 2508, Cincinnati, Ohio 45201
(over} letter 947(D0} (5-77}
dld
:e, 12/12/2003 ':'i mo, 11,lU AJ1 ~'01 <~ 9 , U317 22'116l Lottery Pa<)O 1 002 · CO ::l
.,.f(1I0,4,~ Chuitijble Gaming Divisior,
_.::·; , :'... Bcix 30023, I.en sing, 1\1148909
:.:· ._,,-; I OVERNIGHT DELIVERY
.;..._..._._ 1()1 E. Hillodole. Lano,1g M 148933
~.,=,;: (G1 !) 335-5780
lOTJa!Y www.michigan.guvicg 2004-02(b)
LOCAL GOVERNING BODY RESOLUTION F-"OR CHARITABLE GAMING LICENSES
(Requ ired by MCc.432.103(9))
At a __ B_e gu 1 a r meeting of the _ _c_i_t_,.y___C_o_m_m_1..,.., · ,..,s..,..s_i..,..o_n--,--_
· -R
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,_----- T(,1/VfB -tlP, (ITi', OR v,u . v:~E ,: ( 1Jl,( I _/5 0).P:,
called to order by Mayor Warmington on January 13, 2004
t A7f.
5:30
at.________ ~.fu./p. m. the following resolution was offered:
llMt
l\tloved by Commissioner Spa ta roand supported by Commissioner Gawron
county of J:iu."',>""l.u,-~=--:-
<·-
,.,-.-rry-, _, -ME_ _ _ _ _ _ _, <:lSking that they be recognized as a
11
nonprofit organizatio11 operating in the community for the purpose of obtaining a charitable
gaming license, be considered for ~PP!_o_v_a_l_ _ _ _ __
.Qf-f~ GV.I\U[I ~;1,PPr?1),J,f.,_
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
------
Nays: 0 __ __ Nays:
Absent: _o____ Absent:
·-------·-- ---------------- ·-----
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adoptedbythe City o~ Muskegon _ata _ _
R_e-=g'-u_l_a_r_ _ _ _ _ __
1,.-\--.N ::;tt!F, Cl\, ')t-:~ •./l LP;:.:;t_ ,_,)lll~-J lt3CP.f.:t., RE(,IJL.\R ( tf... .:-F·E(IAL
mee'i!ngheldon January 13, 2003 .
SIGNED: - - -~ Q~ -,,,-°'%""~
E
-F:-,~- - - - - - - - - - -
Gai 1 A . Kundinger, MMC, City Clerk
933 Terrace, Muskegon, MI 49440
Date: January 6, 2004
To: Honorable Mayor and City Commission
From: Community Relations Committee
RE: Appointments to Various Committees/Boards
SUMMARY OF REQUEST: To concur with the recommendations from the
Community Relations Committee for appointments as reflected in the attached
minutes of the January 5, 2004 meeting ..
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: Approve the recommendations.
STAFF RECOMMENDATION: Approve the recommendations from the Community
Relations Committee.
Community Relations Committee
City Hall Commission Chambers
January 5, 2004
Minutes
The Community Relations Committee meeting was called to order by Chair Spataro at
5:36 p.m. Also present were Commissioners Carter, Davis, Gawron, Larson and
Shepherd.
1. Discussion was held regarding water discharge by Nugent Sand Company.
Motion by Warmington, seconded by Larson, to ask the City Attorney and staff to
prepare a report and resolution expressing that the City of Muskegon is not in
favor or allowing Nugent Sand to discharge into lake water. It was also requested
that staff contact Nugent Sand and notify them that the commission will be
discussing this at their January 12, 2004 worksession meeting.
VOTE: 7 Yeas ONays Carried
2. 2004 Committee Appointments.
Board of Canvassers - Motion by Warmington, seconded by Larson, to table the
appointment until the Democratic Party sends a recommendation through
Commissioner Spataro.
VOTE: 7 Yeas ONays Carried
Board of Review - Motion by Larson, seconded by Davis, to recommend the
reappointment of Jack Rottman, Lawrence DeVoogd, and Luther Dease to the
Board of Review with terms expiring 1/31/06.
VOTE: 7 Yeas ONays Carried
Cemetery Committee - Motion by Shepherd, seconded by Larson, to
recommend the reappointment of Donald Larabee to the Cemetery Committee
with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Citizen's Police Review Board - Motion by Larson, seconded by Shepherd to
recommend appointment of Sonya Hernandez-Joslin to represent a minority based
organization with her term ending 1/31/06.
VOTE: 7 Yeas ONays Carried
Motion by Larson, seconded by Warmington, to recommend re-appointment of
Brett Sova as representation from a law enforcement professional with a term
ending 1/31/06.
VOTE: 7 Yeas ONays Carried
Motion by Shepherd, seconded by Gawron, to recommend re-appointment of John
Barrett as a neighborhood representative with his term expiring 1/31/06.
VOTE: 7 Yeas ONays Carried
Community Development Block Grant - Citizen's District Council- Motion
by Warmington, seconded by Larson, to recommend re-appointment of Addie
Sanders-Randall to a Citizen at large position with her term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Carter, seconded by Larson, to recommend the appointment of Trudy
Borset to a Citizen at large position with her term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Warmington, seconded by Shepherd, to recommend appointment of
Anthony McCloud representing the target area with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Warmington, seconded by Shepherd, to recommend re-appointment
Of Sheliah Shah as a target area representative with her term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Construction Code Board of Appeals - Motion by Warmington, seconded by
Gawron to table these appointments until receipt of applications from current
members.
VOTE: 7 Yeas ONays Carried
Downtown Development Authority/ Brownfield Redevelopment Authority
Board- Motion by Warmington, seconded by Larson, to recommend the
appointment of Christopher V anoosterhout as a citizen representative with his
term expiring 1/31/08.
VOTE: 7 Yeas ONays Carried
Motion by Warmington, seconded by Gawron, to table the appointment of a
person who has an interest in the property in the district.
VOTE: 7 Yeas ONays Carried
Election Commission - Motion by Larson, seconded by Gawron, to recommend
re-appointment of Elwyn Drent with his term expiring 1/31/07.
VOTE: 6 Yeas (Mayor out ofroom) 0 Nays Carried
Equal Opportunity Committee - Motion by Shepherd, seconded by Larson, to
recommend reappointment of Luis Suarez, Romelia Ealom and Paul Oakes to the
committee. Mr. Oakes is required to submit an application.
VOTE: 7 Yeas ONays Carried
Historic District Commission - Motion by Larson, seconded by Davis, to
recommend re-appointment of Tim Bosma as registered architect with his term
expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Shepherd, seconded by Gawron, to recommend reappointment of Tom
Russo as a person who resides or have occupational or financial interest in one or
more of the historic districts with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Hospital Finance Authority - Motion by Warmington, seconded by Gawron, to
recommend reappointment of William Tardani with his term expiring 1/31/09.
VOTE: 7 Yeas ONays Carried
Housing Code Board of Appeals - Motion by Shepherd, seconded by Larson, to
recommend appointment of Edward Sheard as a citizen representative with his
term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Shepherd, seconded by Larson, to recommend the reappointment of
Gregory Borgman as a citizen representative with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Income Tax Board of Review - Motion by Larson, seconded by Shepherd, to
recommend the reappointment of James Davies with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Land Reutilization Committee - Motion by Shepherd, seconded by Larson, to
remove Sally Messner (attendance concerns) and recommend appointment of
Ronald Allen to fill her term ending 1/31/07.
VOTE: 7 Yeas ONays Carried
Motion by Carter, seconded by Larson, to recommend appointment of Johnny
Martin Jr. to fill the vacant spot for a resident at large with the term expiring
1/31/06.
VOTE: 7 Yeas ONays Carried
Leisure Services Board - Motion by Warmington, seconded by Shepherd, to
recommend reappointment of Chris Jensen and John Strach, Jr. with terms
expiring 1/31/06.
VOTE: 7 Yeas ONays Carried
Loan Fund Advisory Committee - Motion by Warmington, seconded by
Larson, to recommend reappointment of Brent McCarthy as a member from area
financial institution with his term expiring 1/31/07.
VOTE: 7 Yeas ONays Carried
Local Development Finance Authority - Motion by Warmington, seconded by
Gawron, to recommend reappointment of Robert Long with his term ending
1/31/08.
VOTE: 7 Yeas ONays Carried
Motion by Shepherd, seconded by Carter, to recommend appointment of Tracy
Wallace with her term expiring 1/3 1/08/
VOTE: 7 Yeas ONays Carried
Motion by Warmington, seconded by Gawron, to remove Dean Witte (attendance
concerns)
VOTE: 7 Yeas ONays Carried
Motion by Larson, seconded by Gawron to recommend appointment of Phillip
Okerland to fill the vacancy left by Dean Witte, with his term expiring 1/31/05 ..
VOTE: 7 Yeas ONays Carried
Local Officer's Compensation Commission - Motion by Larson, seconded by
Davis, to table any appointments for one year.
VOTE: 7 Yeas O Nays Carried
Public Relations Committee - Motion by Gawron, seconded by Larson, to
recommend the reappointment of Bill Johanson with his term expiring 1/31/08.
VOTE: 7 Yeas O Nays Carried
Motion by Larson, seconded by Gawron, to recommend the appointment of Todd
Fettig to fill a vacancy with the term expiring 1/31/05.
VOTE: 7 Yeas ONays Carried
Zoning Board of Appeals - Motion by Warmington, seconded by Larson, to
recommend the reappointment of Craig Kufta and Jane Clingman-Scott with their
terms expiring 1/31/07 and the appointment of Robert A. Schweifler to fill the
vacancy left by the resignation of David Newsome with his term expiring 1/31/05.
VOTE: 7 Yeas ONays Carried
3. Any other business.
4. Adjournment. The meeting was adjourned at 7:26 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 1/13/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 6, 2004
RE: Housing Commission - Reappointment
SUMMARY OF REQUEST:
To approve the reappointment of Ed Horne to the Muskegon Housing Commission for a five-
year term to expire January 31, 2009.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the appointment.
COMMITTEE RECOMMENDATION:
None.
0:COMMON\DEPTMENT\ADM!N\AGNDAFRM
JMS - O: (HORNE-REAPPOINTMENT-HOUSING COM)
RECEIVED
NOV O~1 ?Ml~
City Clerks Otfico CITY OF MUSKEGON
EAPPOINTMENT APPLICATION/UPDATE FORM
Please Type or Print: This form will be used to update any information on file.
1. Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
2. Name: f:,,d I u Ci (' J bl O IZ N e
3. Home Address: i L\ Q °t (Oo K A-:,1::€ "'
4. Home Phone: '] '.] 3 3 J ~ :1. Business Phone: _ _ _ _ _ _ _ _ _ __
s.
6. Education: 0 (). c\, e/\{'j(' q Sc:..1·,•A·1 '- z;\ ¥\'1 Cl ";i~eJ\$ lh [,J(1c..,t,;
\ i \ \
7. Indicate the Board/Committee/Commission you are currently on:_\W_,,_,,,,·~ti~'t~i;--1-".r""'<-~----
YY:\ i J 5 \6 e_d oYJ f:+ Du '$ \ V) '~ Cc c5=J,y1 )1-1 I S 3 IL'71
\
8. ?
How many years have you been on this Board/Committee/Commission.---'-~-"'===----- 4
9. Please explain strengths you currently bring to this Board. A- c Or,\ ., ,r -e d,, le,i ~ e ,s ~·
\:-}:t'lu fc 'n e c,rw, s'o1 YY){lfjC\ WI QI\'.'.'- v< \(ltJ,d\c· A'1 t cc\, 1<., f+uo,:
lr~
Q..._ u \ e -:, Cl \'\ ~ ~ e- i
<,1, \ «- \- 1o'<--1 <, : \~ Q 1M.. \ , e '"YV\
e. \-v'\ o~ e.. -:, ex, ·, , \. ,u
~ \j,,,. <2,, 'n--e.d ~
o.\ \ 0 w ci~d Yv1 o d. e-""' \- e \ V\ vowi e- ,c-,e.. s, J e•n-< s
10. Please list any other Boards/Committees/Commissions you may have an interest in: •
A. 9\un a,' v, -~ 2
B._ _ _ _ _ _ _ _ _
C' 0 \ Vl cf
...c__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
c., ______________________________~_
** Attach additional sheets or resume, if desired.
_,-,
PLEASE RETURN THIS FORM :REC£\\'\l'f-lil \\
Gail A. Kundinger, MMC
City Clerk's Office
NO\J O"7 71\11 ~ P.O. Box 536
933 Terrace Street
Crr{ Clerks Otti\'' . ''Muskegon, Michigan 49443
Any Questions call: (231) 724-67o'fi_~J..::.:;.::.;.'--- Fax: (231) 724-4178
EDWARD HORNE
1409 OAK A VENUE
MUSKEGON, MICHIGAN
OBJECTIVE
I would like to become a member of the Muskegon Housing Commission.
EDUCATION
Bachelor of Science Degree in Education, Lane College, Jackson, Tennessee
Drivers Education Certification, Michigan State University, Lansing, Michigan
Master of Science Degree, Western Michigan University, Kalamazoo, Michigan
AFFILIATIONS
President of Muskegon Housing Commission
Former member of Sister Cities of Greater Muskegon
Former Precinct I Delegate Marquette Neighborhood Association
Michigan Education Association Political Action Committee
REFERENCES
Available upon request
Commission Meeting Date: January 13, 2004
Date: December 17, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Developmente6C
RE: Sale of Unbuildable Lot at 739 Ellifson Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant unbuildable lot (Parcel #24-205-035-0001-05) at 739
Ellifson Avenue to Daniel & Phyllis McCarthy, owners of 735 Ellifson, Muskegon, Ml
49442 and Pamela Scott, 745 Ellifson Avenue, Muskegon, Ml 49442. Approval of this
sale will allow these two adjacent property owners to expand their current yards (see
attached map). As is required by City policy, the subject parcel is being offered for
$100, and will be split between the McCarthy's and Ms. Scott for $50 each.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution and deeds.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee (LRC) recommended approval of this request at
their December 16, 2003 meeting.
12/17/2003
CITY OF MUSKEGON
RESOLUTION #2004- o2 ( e)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $50 each from Daniel & Phyllis McCarthy,
1235 S. Mill Iron Road, Muskegon, MI 49442 and Pamela Scott, 745 Ellifson Avenue,
Muskegon, MI 49442 for the purchase of a vacant, City-owned lot located adjacent to their
properties at 739 Ellifson Avenue (parcel #24-205-035-0001-05); and
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance; and
WHEREAS, the sale would enable the City to place this prope1ty back on the tax rolls, and
would relieve the City of further maintenance; and
WHEREAS, the sale of this property would be in accordance with property disposition goals and
policies of the City.
NOW, THEREFORE BE IT RESOLVED, CITY OF MUSKEGON REVISED PLAT OF 1903 E
120 FT OF N 214 FT OF S 239 FT OF W ½ OF BLK 35 EX N 114 FT OF W 40 FT & EX N
120 FT OF E 40 FT be sold to Daniel & Phyllis McCarthy and Pamela Scott for $100.
Resolution adopted this 13th day of January, 2004.
Ay~: Shepherd, Spataro, Warmington, Carter, Davis, Gawron,
Larson
Nays: None
Absent
Gail A. Kundinger, MMC
Clerk
2004-02(e)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 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
By
Gail A. Kundinger, MMC
Clerk
Vacant Non-buildable City-Owned Lot
739 Ellifson Avenue
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, FEET OF WEST½ OF BLOCK
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for the sum of: Fifty Dollars ($50.00) \\. ,./-·
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PROVIDED, HOWEVER, If the Grantee or adjoining pro~xrfy owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable I.9fsliall revert to the Gran tor. At that point in time when
any lien covers both parcels or there are not liens on ~.itlier part~!, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clau.se.
This deed is exempt from real estate transfer ta{;:rsuant to the pr~isions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i). / \
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STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this cJ.O th day of , kw uq t;JI- ,
2004, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.
~ J !Uti, Notary Public
PREPARED BY: John C. Schrier L/ada s. hrft',
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9- ;z.s- -o ~
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME-1\anguilm\LOCALS-1\Temp\B92854.00C
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Te1race Street, Muskegon, Michigan 49440,
QUIT CLAIMS to DANIEL McCARTHY and PHYLLIS McCARTHY, husband and wife, of 1235 S, Mill Iron
Road, Muskegon, Michigan 49442,
the following described premises sihmted in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, WEST 60 FEET OF THE EAST 120 FEET
OF THE WEST 1/, OF BLOCK 35, EXCEPT THE NORTH 114 FEET OF THE WEST 40 FEET.
for the sum of: Fifty Dollars ($50.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and tenninate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) alld
MCLA 207.526 Sec. 6(h)(i).
Dated t h i s ~ day of At f', · J , 2004.
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on o/i/'//
d3, 2004 by Stephen J.
Wannington and Gail A. Kundinger, MMC, the Mayor and Clerk, respectively~fthe CITY OF MUSKEGON, a
municipal corporation, on behalf of the City.
~ - /4:;cr~~Public
Acting in the County of /77tt...s ,,t'ffie;O..'?
.t22u.s£_'i:(,o.n Cou 1ty, Michigan
MyComm. "xpires: !-d-.S--o(p
PREPARED BY: John C. Schrier
Parmenter O'Toole
175 W. Apple Avenue/P.O. Box 786
Muskegon, Ml 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:IDOCUME~1\ar1gullm\LOCALS~1\Temp\8I2568.doc
QUIT-CLAIM DEED
KNOW ALL MEN BY TIIESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to PAMELA SCOTT, a marled woman, of745 Ellifson Avenue, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, EAST 60 FEET OF THE WEST ½ OF
BLOCK 35, EXCEPT THE NORTH 120 FEET OF THE EAST 40 FEET.
for the sum of: Fifty Dollars ($50.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grant or, At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207 .505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this .dJM day of~@=~,..,-~ Soott 1\/k:Cullough ~I
10 1" I : 1_ 1519 Park Street "'I
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to SCOTT McCULLOUGH, a married man, of 1519 Park Street, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE SOUTH 15 FEET OF LOT 3, BLOCK 417
for the sum of: Thi11y Three Dollars ($33.00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall reve11 to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this .dJ2!:!_ day of Jq/7!/Qf;f , 200_L.
Signed in the presence of:
I l"U1 e D.t rn? s.,, i
a~ tMic,,
STA TE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this o20 f/2 day of ,MIZ//C?/',JI ,
20oj_, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively,
of the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier JJ:i s. 7r t' r , Notary Public
Parmenter OToole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-,2.s--o 6
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME~1\anguilm\LOCALS-1\Temp\BA5663.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to FANNY HATCHER of 1507 Park Street, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE EAST 75 FEET OF THE NORTH 35 FEET OF
LOT 3, BLOCK 417
for the sum of: Thirty Three and 50/100 Dollars ($33.50)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this .dfMj__ day of ,kovas,v , 200_j'_.
Signed in the presence of:
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this o2o t/2 day of , Joo II a 0 ,
200 j_, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively,
of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.
PREPARED BY: John C. Schrier ~~-~
~ S / { , f ~ , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9-;z~-o J;
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME~1\anguilm\LOCALS~1\Temp\BA5663.DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to MICHAEL SOUTH, a married man, of 453 W. Grand Avenue, Muskegon, Michigan 49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, THE WEST 75 FEET OF THE NORTH 35 FEET OF
LOT 3, BLOCK 417
for the sum of: Thirty Three and 50/100 Dollars ($33.50)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this d[}f/2 day of Jant1ar ,,- , 2oo_L.
V
Signed in the presence of: CITY OF MUSKEGON
<
J:l'e.n e. /Je"'/'"" ~
~~
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this dOIA day of J,, 11 v "rJ ,
200f, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk, respectively,
of the CITY OF MUSKEGON, a municipal corporation, on behalfofthe City.
PREPARED BY: John C. Schrier L/n J4 S /lo t-1-e r , Notary Public
Parmenter O'Toole Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: 9- ;?C- 0 &
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\DOCUME~1\anguilm\LOCALS~1\Temp\BA5663.DOC
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 1/13/04
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 5, 2004
RE: Termination of Old Ferry Agreement
SUMMARY OF REQUEST:
To approve an agreement with Lake Express to terminate the lease agreement dated March 4,
2003, between the City and Lake Express. This agreement was replaced by a new lease
agreement dated October 28, 2003.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached agreement.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (FERRY-TERMINATION LEASE AGRMD
TERMINATION AGREEMENT
2004-02(g)
This Tennination Agreement is between Lake Express, LLC, a Wisconsin limited
liability company, and the City of Muskegon, a municipal corporation (together
"the Patties").
The Patties hereby agree that the Lease Agreement between the Patties, dated the
4th of March, 2003 is hereby terminated and replaced by the Lease Agreement
made as of the 28 th day of October 2003, by and between the Parties and Great
Lakes Mat-ina & Storage, LLC a Michigan limited liability company.
This Agreement is effective as of the 28 th day of October, 2003.
Gail A Kundinger, City Clerk
LAKE EXPRESS, LLC
Lubar & Co., aging Member
By: David J. Lubar
Its: President
Date: January 13, 2004
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
Torresen Marine, Inc.
SUMMARY OF REQUEST:
Torresen Marine Inc. has submitted the attached encroachment agreement form requesting
your permission to install an underground 2" conduit across Lakeshore Dr. just east of
Sampson. The installation would utilize a bore & Jack method.
The conduit would be utilized as telecommunication facility carrier.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITTEE RECOMMENDATION:
THE SAILBOAT SPECIALISTS Sailboats, Hardware and Accessories
-- - Torresen
· ~Marine.inc.
3126 LAKESHORE DRIVE • MUSKEGON, MICHIGAN 49441 • FAX (231) 755-1522 • (231) 759-8596 • www.torresen.com
December 1, 2003
Mohammed-
Thank you for your help.
I wanted to review a couple of points from our conversation earlier today.
Appropriate marking & signage would be installed to signify a private underground
conduit.
The reasons we would like to connect these properties underground -
1) Reduction of maintenance.
2) Near elimination of potential lightning problems.
3) Cost.
Please feel free to contact me if you need any additional information.
I look forward to hearing from you
2004-02(h)
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this 13th day of January 20 04 , by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
_ o~c_JrLe..=s~e,"-()--'--(YW'----'----~"-----'-i"'----'-"'e...~·.,,,l,.__/\,_,,C..~_ (hereinafter called LICENSEE).
_!.cl
RECITALS
1. 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
, 1 ·, rv1e.rd0c..+ (', D
Ot'\e... I I/ a C.Ocdu\\- \<\s-\-o OOec\ urCt. Compensation policy displaylng workers codes
I. County
d. Location of Facility (No. and Stree_t, City, State, ZIP)
2. Type of Approval Requested a. School Code
~ NEW (SEC. 2(4)) • SPECULATIVE BUILDING (SEC. 3(8)) D v1i::w ro I I 70
0 TRANSFER (of existing certificate) (1 copy only} 4. How Many Years of Exemption Requested? (See note in box 19 regarding
• REHABILITATION (SEC. 3(1)) 0 RESEARCH and DEVELOPMENT (SEC. 2(9))
5, Explain Applicant's Principal Type at Business (Detailed description of operations)
inclusion of the words "after completion.') TJ a,r!)
:j)~/ /Yll'J~'/ BVS I )..)E,:SS IS <'.!..lJSTb M. Tt-'£R.. MD Fee.MI t-Jb Of- PLJJSTJ<:5
6a. Rehabilitation Applicants Only: General Description and Use of Existing Facility (Number of buildings, type, size, use, products manufactured, type of research or development.)
b. Explain Degree and Type at Obsolescence Affecting Existing Facility.
7. Describe Project for Which Exemption is Sought (Type of Improvements to Land, Building; Size of Addition; Personal Property Acquired• Explain New· Used, Transfered from
Out-of-State, etc.) and Proposed Use of Facility
pL l'H:>.5 -ro 1 '-' ~c. HASS
~1./f'f'o?...T £..~l) I Pm E.P7'
a. a. Cost of land improvements (Itemize) Excluding cost of land .............................. $ a. -o
b. Cost of building improvements. (List major types & cost on attachment.)
Building permit required (See instructions on page 4, item 4) _ __ b. C>
c. Cost of machinery and equipment. (Itemize: month, day & year and total
on attachment; see instructions on page 4, item 2) ... · · · - - - - C. :).5
1 d. ;ost of furniture and fixtures. (Itemize: month, day & year on 0
d.
L=:a;:~:~l:Je:~~s::~.~s on page 4, item 2) ...............................
$ 7ru I 11 J,_5
r:nntin, IP nn P:::uu::i ?
112 (Page4) INSTRUCTIONS
·he original form 1012 (Formerly L-4380) and all required attachments listed below, plus number of additional copies
.etermined by the clerk, MUST be filed with the clerk of the local unit where the facility is or will be located.
'urnishing accurate answers and attachments numbered 1-14 of the instructions will eliminate delay and assist in processing
,f the application. Incomplete applications may be returned or not processed. Certain items are applicable to speculative
,uildings or rehabilitation applications only and should be marked "N.A." if your application is for a new facility. If the space
,rovided is insufficient, answers should be continued or given on separate attachments •
.{, The following information is required on separate documents attached to form1012 (formerly L-4380):
~ 1. Legal description of the real property on which the facility is or will be located. Also provide property identification number if available.
~ 2. Complete list of new machinery, equipment, furniture and fixtures which will be used in the facility. The list should include description,
type, identification, beginning date of (expected) installation by month/day/year, and (expected) cost. Pollution control facilitie~ which
you Intend to apply f.or under P.A. 250 of 1965, as amended (air) and P.A. 222 of 1966 (water), are to li>e listed separately. Detail of·
machinery and equipment must match amount shown on question 8 o_n page 1.
. I
This instruction is not applicable to a new facility or speculative building. It is for rehabilitation applications only.
a. List of existing machinery, equipment, furniture and fixtures which will be replaced or renovated.
b. List of existing machinery, equipment, furniture a~d fixtures which will continue to be used in the facility.
The list should include description, type, identification,year of acquisition and original cost.
Proof of date construction started (groundbreaking) such as building permit, footings inspection report, (when available) certified
statement or affidavit from contractor. Personal property only applications should have attached a certified statement or affidavit as
proof of the date personal property installation commenced.
~ 5. Complete copy of lease agreement as executed, if applicable, verifying lessee has ad valorem real and personal tax liability.
Certified copy of the resolution adopted by the local governing unit from which employment will be transferred, if applicable. An
~ 6 . Industrial Facilities Exemption Certificate can be issued only if the governing body of the unit from which employment is to be
transferred consents by resolution to the granting of the certificate. If employment is to be transferred to the new or rehabilitat,,
facility from more than one local government unit, each unit from which employment will be transferred must give its consent.
If the application is for a rehabilitation, a statement by the Assessor showing the Taxable Valuation of the plant rehabilitation district,
separately stated for real property (EXCLUDING land) and personal property (EXCLUDING inventory) for the tax year immediately
preceding the commencement of the rehabilitation.
A copy of the notice to the general public and the certified notice to the property owners, concerning the establishment of the district.
Drawing showing the perimeter of the Industrial Development or Plant Rehabilitation District and where, within the district, the facility
will be located.
Certified copy of the resolution establishing the Industrial Development District or Plant Rehabilitation District, which includes a legal
description of the district. If the district was not established prior to the commencement of construction, the local unit shall include a
certified copy of the filing of the request to establish district.
~~\. Copy of the notice and the certified letters to the taxing authorities regarding the hearing to approve the application.
0lf'" ~\ Certified copy of the resolution approving the application.
rl
ti~
~\Letter of Agreement (signed by local unit and applicant) per P.A. 334 of 1993 and Affidavit of Fees (Bulletin 3, 1/16/98).
0~~- 'Treasury form 3222 (FormerlyT-1044a) or 1817 (FormerlyT-1044) (if applicable) Fiscal Statement For Tax Abatement Request.
0~ Resolution to establish speculative building and non-occupancy statements by the owner and assessor.
ADDITIONAL INSTRUCTIONS
Actual date of completion of the entire project must be furnished to the State Tax Commission and the Assessor within 30 days atter
completion of the project.
Final cost of the project, broken down between real and personal property must be furnished by the applicant to the State Tax Commission
and the Assessor within 90 days atter completion of the Project.
Resolution No. 2004-03 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
AMERIFORM, INC.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing
held on June 25, 1995, this Commission by resolution established an Industrial
Development District# 95-60 as requested by Ameriform, Inc., 1790 Sun Dolphin
Drive, Muskegon, Michigan, 49444; and
WHEREAS, Ameriform, Inc. has filed an application for the issuance of an Industrial Facilities
Tax Exemption Ce1tificate with respect to a new machinery and equipment to be
installed within the Industrial Development district #95-060; and
WHEREAS, before acting on said application the Muskegon City Commission held a public
hearing on Janumy 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 oppmtunity to be heard on
said application; and
WHEREAS, installation of machinery and equipment had not begun em·lier than six (6) months
before December 11, 2003, 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 prope1ty 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 prope1ty 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 detennines 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 Amerifo1m, Inc. 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 Industrial Development District# 95-060to wit:
See attached description
3) The Industrial Facilities Tax Exemption Ce1tificate is issued and shall be and remain
in force and effect for a period of seven (7) years on personal prope1ty.
th
Adopted this 13 Day of Januaiy 2004
Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro
Nays: None
Absent: None
I hereby ce1tify that the foregoing constitutes a hue and complete copy of a resolution adopted
onJanuary13,2004. ~u.,.1__ Lid_
by the Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held
Gail.Kundinger, Clerk d
Attachment II 1
I
/
/ LEGA~. DESCRIPTION
Pc1rcel l:
.,
That part of tho South 1/2 of the Southwest 1/t, of Section ·34, Town 10
tln.nge 16 Wc~t:. Ci't:y of tlu!!kegon, Muskegon County, Mi.chigo.n, described
follo"w,i: Commencing at the South 1/4 corner of said Section, t:hcnce S
89"34'26" We!lt .ul'ong th.c Sou.ch line of !laid Section 1382.00 feec;,j t:hen
North o•46'26" Ease parallel co the Norc:h and South 1/4 line of said ·S
900,00 feet:· thence South 89"J4'2.6" \.le!lt parallel co the Sout:h line of
Sect:ion ·340'.oo feet for POINT OF BEGINNING, thence North o•t,6'26".1Easc
parallel· to s.uid North and South 1/4 line·440.45 feet to the North lin,
said South 1/2 of the.Southwest 1/4, thence South 89'46'13" West along
~orth line 940.12 feet to the West line of said Section, thence South
1"08 '3 9" We.'J t along said We.'J c line 7. J 2 feet to the Northeasterly : line
the Michigan Scace Highway Department Riehc-Of-\./ay as described in a De
recorded in Liber_703, P.1ge 374, thence'South J4"4J'J4" East along naic
:-lortheast:erly line 528.10 feet, thence North 89°34'26" Ea!lt 633.50 feet
Point of Beginning.
P,1rcel 2:
That part o·f· the South 1/2 of the Southwe" c 1/4 of Section 34, Town 10 I
Runge 16 Wcac:, Cicy of Huskegon, Mu,ikegon County, Michigan, described a,
follows: Corranencing at the South 1/4 corner of onid Section, thence Noi
0°46'26" En!lt along the North and South 1/t, line of onid Section 350.00
co the North line of Sherman Boulevard, thence Souc:h £l9'Jt,'2G" Weoc pan
t:o che South line 0£ ouid Section and along the North line of naid'iShern
Ooulevard · 350. 00 feet, thence North 0"46 '26" Ea11 t parallel co oaid:!Norcr
South 1/t+ line 411, 78 feet, thence Northerly along the nrc of a 200.00 1
radiu.'J cuive t6. the left a distance of 19.22 feet (the central angle of
curve is 5 'JO' 20" and the lo.ng chord of said curve bcaro Nort:h 1° 58 '44"
19.21 feet) to POINT of BEGINNING, thence N6rthwcaterly along the[arc o
200.00 foot radiua curve to the left a distance of 299.lJ feec (the cent
angle of said curve is 8;i'4.1'40" and the long chord o[ i:;aid curve beara
l,7"J4'44" Weat 272.02 feet), thence South 89'J4'2G" \-/cot 1007.70 feet, t
North 30°12'47" \.lest 67.97. feet, thence South 89'Jl,'26" \./,e,it 125.oo: feec
thence Nort.h 0°46 '26" Ea!:'t JlS.45 feet to the North line of said South 1
the Souc:111,.es t 1/t+, c:hencc: North 89 •t,6 '13" East along ouid Nort:h line 733
feet. co the Southerly line of Consumer" Power Company. property (100.00 .f
wide adjacent to 50.00 foot wide Pennsylvania Railroad property), thence
South 71~07'50" Eaat: ulor,r; aaid Southerly line lOJ9.£lG feet to the North
South 1/ 1, line of o_aid S<,ction, thence South 58°3G'lil" \./c,ic t,14.43 :feet:·1
Point: of Bcginni.ng.. Subject .to an Easement for utility purpo,;c,:; vested in_
the City of Muskegon in_Libcr 1157, Page lJ~.
AGENDA ITEM#~--
TO: Mayor and City Commissioners
FROM: Lee J. Slaughter, Assistant City Manager
DATE: January 13, 2004
RE: Tentative Agreement Reached with Muskegon Police Command Union
SUMMARY
Staff recommends approval of the set of tentative agreements reached with the Muskegon
Police Command Union. Tentative Agreements were ratified by the union membership
at a meeting held on Monday, January 12, 2004.
FINANCIAL IMPACT
The overall financial packet is about 10% of payroll. The packet includes the following
significant economic agreements:
Union
Wages
2004
2.00% 2.00% 2.00%
Pension
Effective 12/31/06, increase multiplier from 2.5% to 2.75% (for normal
retirement), and change retirement age from 55 w/25 yrs. of service to age 53
w/25 yrs. of service.
Insurance
Increase major medical cap from $225,000 to $300,000
Future Reduction in Health Care Costs
a. Increase co-pays for generic and brand name drugs;
b. Increase premium co-pay to $20 bi-weekly;
c. 1/1/04 limit retiree dependents to those identified at time of retiree retirement.
e. Establish employee health insurance savings account to allow employees to
contribute pre-tax monies to be used for health and prescription costs after
retirement.
BUDGET CHANGE
None
STAFF RECOMMENDATION
Staff recommends approval.
Date: December 22, 2003
To: Honorable ~a??~~ City Commissioners
From: Ric Scott l,jr~-
RE: Parks Parking Ordinance
SUMMARY OF REQUEST:
To adopt the attached ordinance, which will allow for
level 3 parking tickets for parks as was in the old set
of parking ordinances.
FINANCIAL IMPACT:
Continues the Level 3 tickets for parks at $17.50
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Aclion
(231)724-6703
FAX: (23 1)722- 12 14
~WNf.l"'.~.ffi's"lization
PAX: (231)726-5 18 1
g•JWfl61/§!"'rtment
FAX: (23 1)726-5617
h1t1~1nm
FAX: (23 1)722-1214
Civil Service
l?lQ?[ffj1Nf4-4405 Date : December 22, 2003
C lerk
To: Honorable M;~__.,:~ity Commissioners
(231) 724-6705
FAX: (23 1)724-4178 From: Ric Scott /f::7~
Community am.I Re: Parks Parking Ordinance
,2~M!':i-~w4cc, When the parking ordinance was updated to the state
FAX: (23 1)726-2501
language the level 3 parking violations for parks and
Computer Info.
the launch ramps was inadvertently omitted. This
d,m~'-'6744
FAX: (23 1)722-430 1 ordinance would reinstate the level 3 parking violation,
which is now a $17.50 fine.
I would ask that you adopt the attached amendment to the
City' s code of ordinances .
Thank you for your consideration.
Income Tax
(231)724-6770
FAX: (23 1)724-6768
Leis ure Services
(23 1)724-6704
FAX: (231)724-1196
T reasurer's Office
(23 1)724-6720
FAX: (231)724-6768
~mM'.~~"1\ Dept.
FAX: (231)724-6768
Water Filtration
(2311724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P..O. ~ ox 536, Muskegon, MI 49443-0536
www.shorelmec1ty.com
CITY OF MUSKEGON
Ordinance Amendment No. 2120
An ordinance amending Section 58-3 under the ordinance of the City of
Muskegon.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 58-3 of the Parks and Recreation Ordinances of the City of Muskegon states as follows:
Parking vehicles within City Parks or within 50 feet of a public boat launch in violation of
parking rules; violation as a civil infraction.
No person shall park a vehicle inside a City Park in violation of the parking ordinances of the
City of Muskegon, or within 50 feet of a public boat launch. Violation of this section shall be
subject to a level 3 parking fine under Subsection 8.29 of Section 20-6 of the Code of Ordinances
of the City of Muskegon.
This ordinance adopted:
Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Adoption Date: January 13, 2004
Effective Date: January 27, 2004
First Reading: January 13, 2004
Second Reading: N/A
CITY OF MUSKEGON~
By ~ (l ~
Gail A Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 13th day of January , 2004, at which meeting a quorum
was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted, and public
notice was given, pursuant to arid in full compliance with Act No. 267, Public Acts of Michigan
of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby. J , n ./ ..
DATED: January 13 , 2004 £Ja...J_, IJ_. ~~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED
Please take notice that on January 13 , 2004, the City Commission of the City
of Muskegon adopted an amendment to Section 58-3 under the Parks and Recreation ordinances
of the City of Muskegon, summarized as follows:
Section 58-3 Parking a vehicle inside a City Park or within 50 feet of a public boat ramp in
violation of the parking rules of the City of Muskegon shall be a civil infraction. A parking
violation that occurs within a City park or within 50 feet of a City-owned boat launch shall be
subject to a $17.50 fine if paid within 7 days, a $35.00 fine if paid after 7 days but before 14
days, a $52.50 fine if paid after 14 days but before 30 days, or a $70.00 fine if paid after 30 days.
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 (10) days from the date of this publication.
CITY OF MUSKEGON
Published: January 17 , 2004 By____________----,-
Gail A. Kundinger, MMC, Its Clerk
Date: December 22, 2003
To: Honorable ~~~an~ City Commissioners
From: Ric Scott tJ:r/2!-:,P
RE: Ruddiman Creek Access Agreement
SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the attached
access agreement to allow for the removal of
contamination in Ruddiman Creek
FINANCIAL IMPACT:
None, to the City
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
(231 )724-6703
F AX: (231)722- 1214
/WfNfifi\Jusalization
l>AX: (23 1)726-518 1
g•iww6~§f"rtmcnl
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (23 1)722-1214
C ivil Service
(231 )724-6716 Date: December 22 , 2003
FAX: (231)724-4405
Cler k
To : Honorable Ma;/~ y Commissioners
~~
(23 1)724-6705
FAX: (231)724-4178 From: Ric Scott
Re: Ruddiman Creek Access Agreement
Attached is an access agreement to allow for the clean
up of Ruddiman Creek. MDEQ an Earth Tech needs our
C om p uter I nfo. permission as the landowner to access the City's
d n m-~744
FAX: (231)722-430 1 property to apply for a permit to remove contamination
form Ruddiman.
Staff recommends that you authorize the Mayor and Clerk
to sign the agreement.
Thank you for your consideration.
r1n)~!N!im2
FAX: (231)724-6985
In come Tax
(231)724-6770
FAX: (231 )724-6768
Leisure Sen ices
1
(231)724-6704
FAX: (231)724- 1196
f11Yi
'l/~t~m•
FAX: (231)722- 1214
Plen ninl!!Zoning
(23 1)724"-6702
FAX: (231)724-6790
b~~1li2\~~~ltti Dept.
FAX: (231)722-4 188
Treasurer 's Office
(23 1)724-6720
FAX: (23 1)724-6768
Water Filtration
(2 3 1)724-4 I 06
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P ..O. ~ox 536, Muskegon, MI 49443-0536
www.shorehnec1ty.com
December 12, 2003 RECEIVED
CITY OF MUSKEGON
City of Muskegon DEC 15 2003
P.O. Box 536
ENGINEERING DEPARTMENT
933 Terrace Street
Muskegon, Ml 49443
RE: Permission to Submit Permit Application & Associated Access Agreement for
Removal Activities in Ruddiman Creek
Dear City of Muskegon:
The Michigan Depaiiment of Environmental Quality (MDEQ) and Earth Tech, Inc. are working
together to implement remediation efforts in the Ruddiman Creek watershed. Our current efforts
are focused on removal activities slated to occur during the summer or fall of 2004. When
implemented, the activities would occur in Ruddiman Pond and along select portions of the Main
Branch of Ruddiman Creek. The attached Fact Sheet details the plans further.
I' e I t· p h o n ,.
Because you are a landowner along the Ruddiman Creek Pond and/or Main Branch, the MDEQ
and Earth Tech must request pennission from you to submit a pe1mit application to the State of 61£i.9.~2.9(>DU
Michigan for approval of the aforementioned activities. Therefore, we are asking for your
pennission to submit the application at this time. You will be provided a public notice of the i: a c ~ i m i l ,·
application and will have an opportunity to comment on the application. Access is also being
requested at this time to landowners for right of entry into the work areas (designated as the 6 I 6 . •) .j 2 . (i -I '/ 9
Ruddiman Creek Pond and Main Branch). Representatives will be available at the next Ruddiman
Creek Task Force meeting to discuss the aforementioned issues with you. You will be contacted
regarding the date and time of this meeting.
After reading the attached Fact Sheet, please sign at the location indicated below and return this
letter along with the signed Access Agreement (attached) to:
Attn: Tamara Buitendorp
Earth Tech, Inc.
5555 Glenwood Hills Parkway SE
Grand Rapids, MI 49512
Thank you very much for your assistance. Your cooperation will help us to implement remediation
of the Ruddiman Creek Pond and Main Branch. Any questions or comments you may have may be
directed to either myself at (616) 940-4415 or to Mike Alexander of the MDEQ at (517) 335-4189.
Sincerely,
Earth Tech, Inc.
"Jl(V-.ll_f(~§__::,i_;\\ i,A",1,'\Q
Tamara Buitendorp, P.E.
Project Engineer
----------------------------------------------------------------
Inc. pe1mission to submit a permit application for removal
.__,,_,__ ,nd the Main Branch of Ruddiman Creek
locate
Signed: ~~~~~~~;;:::Z-~-=::::::::::::=---
Mayor
Date: 1-13-04
EARTM@)T EC 11
A Tyco Infrastructure Services Company
TSB eid L:\work\43671 \Admin\Cor\Resident Letter.doc
18-Sep-03conspp3.doc
CONSENT TO ENTER PRIVATE PROPERTY
January 13, 2004
(Date)
1550 Glen (24-205-614-0001-00)
1471 Nolan Ave. (24-205-543-0007-00)
1402 Glen 924-382-000-9998-10)
1410 Glen (24-036-3000002-00)
2120 Addison (24-205-610-0001-00)
1426 Glen (24-382-000-9997-00)
1705/1915 Lakeshore Dr. (24-205-610-0001-00)
Muskegon. Ml 49441
(Legal Description of Property)
I. Mayor Stephen J. Warmington 933 Terrace
•--------------------
(Print Name) (Address)
Muskegon, MI 49440 (231) 724-6701
(City, State, Zip Code) (Telephone)
owner of the property described above, having been informed of the request of the Michigan Department of
Environmental Quality (MDEQ) to conduct response activities on this property, hereby permit and authorize
the MDEQ, its employees, contractors, or authorized representatives to have entry and as necessary to re-
enter the above-described premises and to undertake any and all response activities to accomplish the
necessary response actions described in the attached Fact Sheet. I understand that the MDEQ is
conducting response activities to reduce the impact of environmental contamination. I also understand that
the MDEQ believes at this time that the source of the contamination may have originated on properties
adjacent to or in the vicinity of my property and as a result of natural occurrences or human activities
contamination may have migrated or spread onto my property.
I understand that I am entitled to accompany the MDEQ, its employees, contractors, or authorized
representatives during these activities; to participate in the collection of any split samples taken as part of
these activities; and, if I so request, to receive a copy of any sample analysis results, photographs, or
videotapes taken as part of these activities. I agree to comply with the requirements of the facility health and
safety plan while on site during these sampling activities.
I agree that the duration of this entry authorization shall be of such reasonable length to enable the MDEQ, its
employees, contractors, or authorized representative to satisfactorily complete the activities described above.
If I choose to revoke this entry authorization, I agree that I will do so in writing and deliver it to Mr. Mike
Alexander, MDEQ - Water Division, Constitution Hall - 2"' Floor South, 525 West Allegan Street, P.O. Box
30473, Lansing, Ml 48909-7973 at least thirty (30) days prior to the effective date of the revocation of entry
authorization. I agree that the duration of this entry authorization shall continue until either I revoke it, or the
activities described above are completed. I also agree that as long as this entry authorization remains in
force, I will not interfere with, interrupt, change, or otherwise disturb any systems or equipment installed or
utilized by the MDEQ, its employees, contractors, or authorized representatives.
I understand that I may refuse the MDEQ entry to my property. Howeve I am advised that an unreasonable
refusal to MDEQ or its authorized representatives can re ult i osit, n of a fine.
This voluntary, written permission is given
Ruddiman Creek Remediation - Fact Sheet
The Michigan Department of Environmental Quality and Earth Tech, Inc. are working together to remove
impacted sediments in Ruddiman Creek. This Fact Sheet has been completed to inform residents and interested
parties of the work slated to occur in the Ruddiman Creek area during 2004.
Why are Remedial Activities taking place along Ruddima,1 Creek?
Investigations performed in 2000 and 200 I identify areas of the Ruddiman Creek Pond and the Main Branch
which exceed site criteria for cadmium, chromium, PCBs, lead, and benzo(a)pyrene. In 2002/2003 a Focused
Feasibility Study was conducted to identify appropriate remedial actions for the impacted sediments. Removal
was chosen as the final recommendation. Therefore, sediment removal activities are being undertaken to
remediate areas identified to be impacted with cadmium, chromium, PCBs, lead, and benzo(a)pyrene at levels
exceeding the site criteria.
What areas will be affected and when?
Ruddiman Pond and portions of the Main Branch ofRuddiman Creek will be affected and are identified as shaded
areas on the map below. Removal activities are currently slated to take place in the summer or fall of 2004.
What type of access will the contl'Octors need to complete the work?
The chosen contractor will likely access Ruddiman Pond and the Main Brach at main road crossings whenever
possible. When other access points are required, the specific landowner will be approached for access.
How will the work be completed?
Work areas will be delineated with orange construction fence prior to the start of work. For their own safety, area
residents and the general public will be restricted from all work areas. Sediments will either be mechanically
removed, or will be pumped to a holding area. All removed sediments will be disposed of at a licensed landfill.
Once the impacted sediments have been removed, samples will be taken to verify that remediation goals have
been met.
Who do I contact with questio11s?
Interested parties may contact either Mike Alexander of the MDEQ at (517) 335-4189 or Tamara Buitendorp of
Earth Tech at (616) 940-4415.
·•·
•
GLEIIISIOC BL'vO,
Ruddiman Creek Remediation - Fact Sheet
The Michigan Department of Environmental Quality and Earth Tech, Inc. are worldng together to remove
impacted sediments in Ruddiman Creek. This Fact Sheet has been completed to inform residents and interested
parties of the work slated to occur in the Ruddiman Creek area during 2004.
Why are Remedial Activities taking place along Rnddiman Creek?
Investigations performed in 2000 and 2001 identify areas of the Ruddiman Creek Pond and the Main Branch
which exceed site criteria for cadmium, chromium, PCBs, lead, and benzo(a)pyrene. In 2002/2003 a Focused
Feasibility Study was conducted to identify appropriate remedial actions for the impacted sediments. Removal
was chosen as the final recommendation. Therefore, sediment removal activities are being undertaken to
remediate areas identified to be impacted with cadmium, chromium, PCBs, lead, and benzo(a)pyrene at levels
exceeding the site criteria.
What areas will be affected and when?
Ruddiman Pond and portions of the Main Branch ofRuddiman Creek will be affected and are identified as shaded
areas on the map below. Removal activities are currently slated to take place in the summer or fall of 2004.
What type of access will the contractors need to complete the work?
The chosen contractor will likely access Ruddiman Pond and the Main Brach at main road crossings whenever
possible. When other access points are required, the specific landowner will be approached for access.
How will tlte work be completed?
Work areas will be delineated with orange construction fence prior to the start of work. For their own safety, area
residents and the general public will be restricted from all work areas. Sediments will either be mechanically
removed, or will be pumped to a holding area. All removed sediments will be disposed of at a licensed landfill.
Once the impacted sediments have been removed, samples will be taken to verify that remediation goals have
been met.
Who do I contact with questions?
Interested parties may contact either Mike Alexander of the MDEQ at (517) 335-4189 or Tamara Buitendorp of
Earth Tech at (616) 940-4415.
GL.ENSIDE BLW,
>-
g
<
m
LEGEND:
IIYiiliill "' :~~I~BE:
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX1724-4178
Cemetery
616/724-6783
FAX1726-5617
Civil Service
616/724-6716
FAX/724-4055 West Michigan's Shoreline t1ty
Clerk
616/724-6705
FAX/724-4178
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
Engineering
616/724-6707 January 26, 2004
FAX/727-6904
Finance
6!6/724-6713
FAX/724-6768
Earth Tech
Fire Dept.
616/724-6792 5555 Glenwood Hills Parkway, SE
FAX/724-6985 PO Box 874
Income Tax Grand Rapids, MI 49588-0874
616/724-6770
FAX/724-6768
Dear Sir:
Info. Systems
616/724-6706
FAX/722-4301 Enclosed is the Ruddiman Creek Access Agreement that was approved by the City
Leisure Service
Commission at their January 13, 2004, Commission Meeting.
616/724-6704
FAX1724-1196
Thank you,
Manager's Office
616/724-6724
FAX/722-1214
Mayor's Office
616/724-670 I Linda Potter, CMC
FAX/722-1214
Deputy Clerk
Neigh. & Const.
Services
616/724-6715 Enc.
FAX/726-2501
Planning/Zoning
616/724-6702
FAX1724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Billing DeJJt.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
F AX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Commission Meeting Date: January 13, 2004
Date: January 6, 2004
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department c(!;G
RE: Denial of Parking Ramp Proposal
SUMMARY OF REQUEST: The City distributed a Request for
Proposals for the City Parking Ramp this fall. The proposals were due
in late November. The only proposal received was from St. Mary's
Catholic Church. They proposed a real-estate "swap", which included
the City demolishing the existing City ramp, then swapping the land with
St. Mary's for their parking lot on the SW corner of Jefferson and
Webster (see attached proposal). It is recommended that the proposal
be denied, as the City would be responsible for the expense of
demolishing the parking ramp.
FINANCIAL IMPACT: None (if the proposal is denied), which the
exception that the City will continue to provide minimal maintenance on
the facility until it is reused or sold at a later date.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To deny the proposal from St. Mary's
Church.
COMMITTEE RECOMMENDATION: None.
Church of the Immaculate Conception
239 West Clay Avenue / Muskegon, Michigan 49440 / (231) 722-2844 / Fax (231) 722-0733
November 24, 2003
Mr. Joel Fitzpatrick
Planning and Economic Development Department
Muskegon City Hall
933 Terrace Street
P.O. Box536
Muskegon, MI 49443
Dear Mr. Fitzpatrick,
St. Mary's Catholic Church is pleased to present the Planning and Economic Development
Department of the City of Muskegon our proposal for the purchase and redevelopment of the City
owned parking ramp. We are eager and interested to participate in the dynamic changes occurring
in Downtown Muskegon.
We see these changes as an opportunity to continue the long-standing relationship, which exists
between St. Mary's and the City of Muskegon. St. Mary's was the first church built in Muskegon
in 1856. This church was quickly outgrown and the existing church building on the comer of First
and Webster was built in 1886. This was the tallest building in Muskegon at the time. The City of
Muskegon along with its citizens purchased the bell for the church and had it installed. The bell
not only called the faithful to Mass but also rang out the hourly time and was used in emergencies
to alert citizens of a fire or other danger. The inscription on the bell confirms the contribution
from the City of Muskegon and it's citizens to St. Mary's.
We request the Planning and Economic Development Department look favorably upon our
proposal. We feel this proposal will benefit the City of Muskegon, downtown businesses,
employees, customers, visitors, St. Mary's Church and parishioners.
We realize your department will be reviewing hundreds of proposals regarding the parking ramp.
Representatives from St. Mary's are available to meet with you to discuss and explain the
proposal. We look forward to hearing from you and we thank you in advance for giving our
proposal consideration.
Sincerely in Christ,
~v }ks~✓
Rev. James B. Wyse
u;,~ Rev. Ernest J. Bernot!
Proposal for the Purchase and Redevelopment
of the City Owned Parking Ramp
I. Offering Price
St. Mary's Catholic Church proposes a real-estate swap. We currently have
title to the fenced in parking lot on the SW corner of Jefferson and Webster
Ave. Several years ago city officials including representatives from the fire
department inquired about acquiring the lot in order to build a new fire station.
The need was due to the current fire station being located in the Historical
district with no ability for expansion. The lot (see attachment "A" for real
estate appraisal) was appraised at a value of $350,000 in 1994. Both parcels
have approximately the same square footage. For the real-estate swap to be
complete, St. Mary's requires the city to tear down the ramp and asphalt pave
the lot.
II. Proposed Use of the Property
In the immediate future, the property would be used as a parking lot. With the
downtown area losing the mall and several hundred parking spaces, St.
Mary's believes the need for restricted, controlled and approved parking for
downtown businesses will be in high demand. The new parking lot would also
serve as over flow parking for Sunday Masses, special events at St. Mary's or
anywhere else in the downtown area.
III. Timetable for Redevelopment
Immediately - based on acceptance by the City of Muskegon and approval of
the Diocese of Grand Rapids.
IV. Consistency of Proposed Development with City Plans
The development of a new parking lot in the place of the parking ramp in
addition to the City's acquisition of a parcel of property close to other city
government buildings provides a consistent development theme for the
downtown area. The City will have a more accessible lot to constmct a new
fire barn, other facility or sell the lot to another developer.
V. Compatibility with Surrounding Properties
A new, landscaped parking lot next to St. Mary's on First Street will be very
compatible with the surrounding properties. St. Mary's will streetscape the
sidewalks and landscape the parking lot to fit any new look created by the new
downtown construction or recommendation by the City. The parking lot will
benefit local businesses by providing employees with a place to park.
VI. Background and Description of Bidder's Development
Experience
Whereas St. Mary's Church does not have development experience, interested
parishioners (members) who have development experience contribute their
time and talent for any new acquisition, building or major
renovation/restoration project. When the talent pool does not equal the
demands of the new acquisition, building or project, St. Mary's out-sources
necessary work in order to accomplish the goal.
VII. Estimated Number of Jobs to be Created
A new parking lot next St. Mary's on First Street will not create any long-
term employment or jobs. Short term contractual work necessary to take the
parking ramp down, asphalt the lot and install the landscaping/street-scaping
will result in other companies keeping current employees working with the
potential of new hire being added. On the other hand, if the City accepts this
proposal and builds a new municipal building such as a fire station on the
Webster lot, the City of Muskegon would need to provide the number of
newly created jobs.
VIII. Estimated Amount of Investment
St. Mary's total investment associated with this proposal includes the cost to
landscape, streetscape and light the new parking lot on First Street across from
St. Mary's. This range has been estimated to be from $30,000.00 to
$40,000.00 depending on any special requirements as directed by the City.
Additional fees tied to the investment include any real estate and attorney fees
associated with the acceptance of this proposal, which are unknown at this
time.
City of Muskegon
Resolution # 2004-04(e)
WHEREAS, Nugent Sand Company located in the City of Norton Shores, excavates, processes
and supplies specialty sands to foundries all over the country; and
WHEREAS, in the course of extracting sand Nugent has created two water-filled quarries, North
Lake and South Lake. The raw sand that is excavated must be washed and chemically treated to
produce a material that meets the foundry industry's needs. In this process the clays, silts and
natural organic debris are washed out with North Lake Water, then carbonates are removed by
the addition of PAMAK, a commercial food grade fatty acid, which allows carbonates to float
off the sand. Then pine oil is used to coagulate the floating carbonates so that they can be
skimmed off, and
WHEREAS, in the past, Nugent Sand Company has been discharging all process wastewaters to
the groundwater leaving the well water in the area with increased amounts of iron and
manganese, making it undesirable for use by the residents. The MDEQ wants the discharge of
wastes to groundwater to cease. To comply with this Nugent is proposing to construct a 36"
steel pipe through the barrier dune to Lake Michigan by the bore and jack method. This pipe
would be some 700 feet in length and would terminate with an outlet structure and rip-rap in the
vicinity of the beach. The structure will be made of tons of rock and riprap, 65' long and 35' ~- )
wide. '-- -~!.
NOW THEREFORE BE IT RESOLVED, that I, Steve Warmington, Mayor of the City of
Muskegon, speaking on behalf of the City Commission and our citizens do hereby declare our
strong opposition to the construction of a pipeline through the barrier dune to Lake Michigan for
the following reasons:
1' '
I. The construction of the pipeline through the dune creates the potential for collapse of
the dune during construction.
2. The volume of water discharge at the outfall is likely to destabilize and increase
erosion of the dune bluff, fore dune and beach area.
3. The discharge during the winter months when Lake Michigan freezes that the
discharge may flood the beach and cause even more erosion.
4. It will cause destabilization and increase erosion of the dune bluff and severe
damages to the beach and the Lake Michigan bottom.
5. The structures and dispersement process created on the Lake Michigan side of the
dune will be unsightly and create a serious impediment to the enjoyment and natural
beauty of the beach.
6. The concern over the quality and quantity of water discharged to Lake Michigan and
the aesthetics of a potential plume in Lake Michigan.
~~~ ___.,---:ff'~- ---<:~JccJr~9sJ?_,,-- .yecC;8{~),~'----
IN WITNESS WHEREOF, we do hereby set out hands,
and cause the Seal of the City to be affixed this 13 th day of
. -·· ---·, ___ Janua~04 .
~
r
dL
. . \~s'~
Stephe . ,F , ington, Mayor
~r/4i~
5 111il.af/1Mw
Bill Larson, Vice Mtor
~ 11~-vs
Chris Carter, Comm'sioner KevmD\Ts,com issioner
. Gawron, Commissioner
.......
/ ,-,-. _,/
,
~
, ~ CJ~..,,cr
Lawrence 0. Spataro, Co~missioner
DATE: January 5, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030137-Address: 781 W.
Southern.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 781 W. Southern (Area 12) 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: #EN030137, 781 W. Southern - Area 12
Location and ownership: This structure is located on W. Southern between
Beidler and Henry Streets. It is owned by Beneficial Michigan.
Staff Correspondence: This property was written as a dangerous building 8/19/03
when the housing inspector referred it to the Director of Inspections because of
the conditions. The Notice and Order to repair or remove was issued 9/17 /03
and the Housing Board of Appeals declared the structure on November 6, 2003.
No one was present at that meeting to represent this case.
Owner Contact: None
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $ 23,100
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $6,000 plus the cost of interior repairs
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, January 13, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
781 W. Southern
8/19/(13
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. All damaged siding must be repaired.
3. Numerous windows are broken out and must be repaired/replaced.
4. Rear "steps" rotted and inadequate.
5. Fascia is rotted.
6. Rim-joist rotted.
7. Numerous cats in and around building (entering through window).
8. Ceiling missing in kitchen and dining room.
9. Exposed wiring in kitchen & dining room.
10. Open outlet box in bathroom.
11. Numerous outlet & switch covers missing.
12. Fueled equipment stored in house and blocking exits.
13. Flooring system is not stable.
14. Foundation (front) needs repair/replacement.
15. Vegetation growth on house.
16. Combustibles stored near exits.
Please contact Inspection Services with any questions: 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
Don LaBrenz, Building Inspector DATE
C:IDOCUME-1\KUNDIN~ l\LOCALS~ I \Temp\781 Southem-insp. rpt..doc
i
DSC00180.JPG
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 by and between:
Franklin Contractors
(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 781 W. Southern 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 $3400
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:'St[eVf«J R.f/?AJJJ!LttJ 1I/J12E:SIIJ/31vr
Printedname and title
ATTEST: CITY OF MUSKEGO~ , - --",
'/] -- !_i\J --/ ,,_)
,1,-,.-\
/ '
BY: _, ,._ ):\_\ __ ")'._;__
---
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-i..
---.JK
,
JJ-..>✓'\.
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
I.~ f<... ~ / V , certify that I am the fJl;.88/f>(jµ--C
of the Corporation named as contractor herein;
That _ _ _ _ _ _ _ _ _ _ , who signed this Agreement on behalf of the
Contractor, was then _ _ _ _ _ _ _ _ _ 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:
M~M ~- B,,.aQ:
(CORPORATE SEAL) fil'€1/W R,. feJWl!)JA.Jj/JR£s..
Printed Name and Title
DATE: January 5, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #01-051-Address: 1166 W.
Grand.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1166 W. Grand (Area 12) 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: #01-051 - 1166 W. Grand - Area 12
Location and ownership: This structure is located on W. Grand west of Barclay
at the end of the cul de sac. It was owned by Kenneth & Maryjane Sanford and
they sold it on a land contract to James & Tamara Ward. An inspection was
conducted on 11 /15/01 due to complaints regarding the exterior condition of the
home. A notice and order to repair or remove was issued 2/26/02. The case
was heard before the HBA on May 2, 2002 and it was tabled for 180 days. At
that time it was ordered that the repairs to the front of the house be completed
within 30 days and the exterior repairs be completed within 90 days. It was
stated if the conditions were met, the case would not be brought back to the
HBA. The exterior repairs were not completed and the case was heard again
before the HBA on 12/5/02. The Wards were not present, but they called the
office on 11 /27 /02 and stated they had been working inside and spent a large
amount of money on the electrical work and that the front of the house would be
completed within 60 days. There has been no contact with the owners since
that date. The HBA declared it dangerous and substandard on 12/5/02. The
case was brought before City Commission on 3/25/03 and was tabled indefinitely
to give the Wards an opportunity to repair. In September 2003 they had a
furnace installed, with the help of CNS. On 11 /17 /03 a complaint notice was
issued regarding junk on the front porch and reissued 12/1 /03. On 12/18/03 a
$100 civil infraction was issued for storing rubbish on the porch. On this date it
was discovered that the gas had been shut off for non-payment and the Wards
had moved to Florida and they are renting the house out. An officer attempted to
speak to someone at the house due to neighbor complaints, but got no answer.
He was able to see a small propane stove inside on the kitchen counter.
Another exterior inspection was conducted 1/2/04.
Staff Correspondence: A dangerous building inspection report was written
11 /15/01 and Notice and Order to repair or remove was issued 2/26/02. On
5/2/02 the HBA tabled the case for 180 days to allow the owner to complete
repairs. On 12/5/02 the HBA declared the house substandard and dangerous.
On 3/25/03 the City Commission heard the case and tabled it indefinitely.
Owner Contact: The owners were present at the 5/2/02 HBA meeting and stated
they wanted to repair the house. A progress inspection was ordered by the City
Commission 3/25/03 and was conducted 4/10/03. The Wards have not
contacted the Inspection Department since then, but have been in Contact with
CNS for financial help with the furnace.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $26,500
Staff Recommendation: To concur with the Housing Board of Appeals
decision to demolish.
Estimated Cost of Repairs: $25,000
City Commission Recommendation: The Commission will consider this item
at it's meeting on Tuesday, January 13, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1166 W. Grand
1/6/04
Inspection noted:
I. Re-roof back section of home to code.
2. Incomplete siding.
3. Rebuild back porch - landing- stair to MRC 2000 requirements.
4. Tuck point all loose block in foundation wall.
5. Back yard shed is non-compliant and must meet zoning and building code
requirements - must be removed.
6. Repair side porch damage - landing steps - column - soffit.
7. Replace all damaged doors.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:IDOCUME~ I \KUNDJN~ I \LOCALS~ l\Temp\1166 W. Grand-insp!. rpt. 1-6-04.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1166 W. Grand Ave.
11/15101
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Front porch damaged by tree - needs structural repair.
3. Broken windows on home.
4. Working on home with no permits, interior and exterior of home.
5. Contacted owner - owner stated a financial problem. Have not had contact with
owner since and no permits have been issued at this date.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FALTINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME-l\KUNDIN~l\LOCALS~I\Temp\1166 W. Grand-insp. rpt..doc
~- --~
-....-:_
. . .. ..
• ~- 4 • • • •• •• ••• ••• - · - ~ -
___.... . ....
' . . :: '
- ---- -. - -----
•
AGREEMENT
THIS AGREEMENT, made this February 18, 2004 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 1166 W. Grand 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 $3600
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 .llan .Jo~e
Printed namend title
i'- ) t~~tZs·
ATTEST:
City Clerk ,
(SEAL)
CERTIFICATION (IF APPLICABLE)
I, ·-/c~l /7') /21)/ Jct qQ \' , certify that I am the -~s~-=r2.~C.=--'_ __
of the Corporation named as contractor herein;
That i4/{l (I• ,J (,t if I? f , who signed this Agreement on behalf of the
Contractor, was then Pr (ls 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:
(CORPORATE SEAL)
DATE: January 5, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert 8. Grabinski, Director of Inspections
Re: Concurrence with the Housing Board of Appeals Notice & Order to
Demolish. Dangerous building case #EN-030165-Address: 204 W. Dale.
SUMMARY OF REQUEST: This is to request City Commission concurrence with
the findings of the Housing Board of Appeals that the structure located at 204 W. Dale
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: #EN030165, 204 W. Dale
Location and ownership: This structure is located on W. Dale between Fifth and Sixth
Street. It is owned by Raul and Sharon Melgoza.
Staff Correspondence: This property was written as a dangerous building 10/14/03
when the housing inspector referred it to the Director of Inspections because of the
conditions. The owner did not have a Certificate of Compliance and was trying to evict
the tenants at the time. The Notice and Order to repair or remove was issued 10/21/03
and the Housing Board of Appeals declared the structure on December 4, 2003. No
one was present at that meeting to represent this case.
Owner Contact: Mrs. Melgoza contacted the Inspection office in early November and
stated her husband is incarcerated and she is trying to evict the tenants. She was
referred to Legal Aid because she has no Certificate of Compliance and was having a
problem getting the tenants out.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $14,700
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Estimated Cost of Repairs: $15,000 plus cost of repairs for upper unit.
City Commission Recommendation: The Commission will consider this item at it's
meeting on Tuesday, January 13, 2004.
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
204W. DALE
10114/03
Inspection noted:
1. Did not get upstairs because of dog.
2. Exterior light fixtures not installed correctly w/outlet box.
3. Open splice box in basement.
4. Sub panel not wired correctly.
5. New splice in basement not done correctly.
6. Appears to be new electrical work done without permit.
7. Service to be replaced to meet 2000 MRC.
8. All work requires construction permits. These permits must be obtained
prior to work beginning.
9. Water piping installed improperly.
10. Waste & vent piping installed improperly, fittings backwards and leaking.
11. Plumbing is in unsanitary condition.
12. Extension Cords being used.
13. Infestation of roaches.
14. Rotted threshold at back door.
15. Open fascia.
16. Bedroom in basement is not allowed.
17. Rotted window sils and frames.
18. Window glazing not installed properly.
19. Urine and feces throughout home from dogs and cats.
Please contact Inspection Services with any questions at 231-724-6715.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FAL TINOWSKI, BUILDING INSPECTOR DATE
C:\DOCUME~l\KUNDIN~l\LOCALS~l\Tcmp\204 W. Dale-Insp. rcpt.doc
2.0 '-\
--·-··
J-JJ·-o'f
AGREEMENT
THIS AGREEMENT, made this July 13, 2004 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 204 W. Dale 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
e.xceed $2875
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: A \~o -:so_ "--R r - \? s::e ~,
Printed name"and title
ATTEST:
criz,,da t!im,
City Clerk
(SEAL)
CERTIFICATION (IF APPLICABLE)
, certify that I am the w"""';(,J,crr'.""R~-----
_,_o..c·
of the Corporation named as contractor herein;
That . {1 \c~ O ·~. 'oer , who signed this Agreement on behalf of the
Contractor, was then-'~,.,.._f=f!=>------- 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:
.,j\, =a(}~ '- (f'W.xJ:s vc
(CORPORATE SEAL) IA,n.u.1 :;:;-1e1- m,U2,e.
Printed Name and Title
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