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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 13, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
ROLL CALL:
PRESENTATIONS:
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Fireworks Display - Muskegon Country Club CITY CLERK
c. Request to Fly Norwegian Flag CITY CLERK
d. Liquor License Request - Flamingo II 1163 E. Laketon CITY CLERK
e. Installation of 10 Decorative Lights on Western Ave. PLANNING
AND ECONOMIC DEVELOPMENT
f. Approval to Resubmit Notice of Intent (NOi} for Partnership for
Traditional Neighborhood Redevelopment (ParTNeR) Program -
New Project PLANNING AND ECONOMIC DEVELOPMENT
g. Brownfield Consulting Contract - Anne Couture PLANNING AND
ECONOMIC DEVELOPMENT
h. Cathodic Protection System DEPARTMENT OF PUBLIC WORKS
PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District
- Motion Dynamics Corporation PLANNING AND ECONOMIC
DEVELOPMENT
b. Request for an Industrial Facilities Exemption Certificate OFT) -
Motion Dynamics Corporation PLANNING AND ECONOMIC
DEVELOPMENT
c. Request to Establish an Obsolete Property District - Resurrection
Properties. LLC. PLANNING AND DEVELOPMENT
d. Request to Issue an Obsolete Property Certificate - Resurrection
Properties, LLC PLANNING AND DEVELOPMENT
e. Create a Special Assessment District for Alpha Ave .• Commerce St.
to Jefferson St. ENGINEERING
f. Create a Special Assessment District for Franklin St., Washington
Ave. to Michigan Ave. ENGINEERING
NEW BUSINESS:
a. Special Election Agreement - Casino Gaming CITY MANAGER
b. Veterans Park Maintenance CITY MANAGER
c. First Reading - Rezoning Request for Properties Located within
'Area 10b' PLANNING AND ECONOMIC DEVELOPMENT
d. Relocation of Power Line - Terrace Lot PLANNING AND ECONOMIC
DEVELOPMENT
e. Recommendations to the Public Relations Committee.
COMMUNITY RELATIONS COMMITTEE
f. Natural Gas to Lakefront Development. ENGINEERING
g. Easement to Consumer Energy. ENGINEERING
h. Change Order to Washington, Franklin to Lakeshore Dr. Project.
ENGINEERING
i. Air-conditioner Units in the P.D. at City Hall. ENGINEERING
j. Boiler Assembly at City Hall. ENGINEERING
k. Removal of Underground Storage Tank, Shoreline Dr. E.
ENGINEERING
I. Liquor License Request-Thomas Harris 441 W. Western CITY CLERK
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, April 22, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 13, 2003
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 5:30pm, Tuesday, May 13, 2003.
Mayor Warmington opened the meeting with a prayer from Vice Mayor Buie, after which
members of the City Commission and members of the public joined in reciting the Pledge
of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Clara Shepherd and Lawrence Spataro; City Manager Bryon
Mazade, City Attorney John Schrier and City Clerk Gail Kundinger. Commissioner Robert
Schweifler was excused and joined in meeting at 5:30pm.
• PRESENTATIONS:
Mayor Warmington read an announcement for National Police Week and one for National
Public Works Week.
2003-40 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commisison Meeting that
was held on Tuesday, April 22, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display - Muskegon Country Club CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks
display permit for July 4, 2003, at the Muskegon Country Club. Fire Marshall Metcalf
has reviewed the request and recommends approval contingent on inspection of the
fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks and
approval of the insurance.
c. Request to Fly Norwegian Flag CITY CLERK
SUMMARY OF REQUEST: Sons of Norway, Lodge 523 requests permission to fly the
Norwegian Flag outside City Hall on Saturday, May 17, 2003, in honor of Norwegian
Independence Day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
d. Liquor License Request - Flamingo II 1163 E. Laketon CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local recommendation on
a request from PNS#9, Inc. to add space to their Class C-SDM licensed business with
Official Permit (Food).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
e. Installation of 10 Decorative Lights on Western Ave. PLANNING AND
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City has available through the Enterprise Community Grant
from 1994 $30,000 earmarked for the purchase and installation of decorative lighting on
Western Avenue. This purchase was approved last summer by the Enterprise
Community Task Force. The Planning Department staff has been working with
Consumer's Energy to select appropriate light fixtures to be installed and maintained by
Consumer's. This project is the beginning of a streetscape plan the Planning
Department hopes to continue with other grant money sometime in the future. City
Commission needs to give their approval for the installation, since the lights will be
located in the City right-of-way.
FINANCIAL IMPACT: None. The lights will be maintained by Consumers Energy.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: For the Mayor and Clerk to sign the resolution approving of
the installation of the lights in the City right-of-way on Western Avenue.
COMMITTEE RECOMMENDATION: The Enterprise Community Citizen's Task Force
approved this request in June of 2002.
f. Approval to Resubmit Notice of Intent (NOi) for Partnership for
Traditional Neighborhood Redevelopment (ParTNeR) Program - New
Project PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The NOi was submitted for the ParTNeR Program, and staff has
since met with the MEDC staff. The MEDC and their partners (MSHDA and MSHPO would
like us to resubmit our project for Western Avenue. MEDC believes that Western
Avenue is well into it's renaissance, and a project in this area has the most chance of
success at this time. In addition, they believe they can better appeal to MDOT for
approval of our Enhancement Grant, if the project is on Western Avenue. The primary
project identified is the redevelopment of the Boiler Works building and the small
Depot, at the intersection of Western Avenue and Eighth Street. Therefore, the project
proposed is to acquire the property at the SE corner of Western and Eighth, demolish
the building (which is not historic) and create parking. With the developments along
Western Avenue, parking is becoming a much-needed commodity. This project would
greatly assist developments in the area.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the costs
of a consultant to conduct a plan for the identified area and to purchase two buildings
on Third Street for demolition and/or renovation. In addition, funds will be used for
streetscape improvements. The amount being applied for may exceed $400,000, since
the project is more costly. The local match must be 10 percent, or $40,00 plus. The
City would pledge $20,000 in CDBG funds, and the Community Foundation for Muskegon
County would pledge $20,000 from their MSHDA funds. In addition, we can use
matching funds from the Transportation Enhancement Grant, in the amount of $271,000
and $30,000 for the new street lighting on Western Avenue (Enterprise community
funds), for our local match.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk
to sign.
g. Brownfield Consulting Contract - Anne Couture PLANNING AND
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been contracting with Anne Couture,
of Couture Environmental Strategies LLC, during the last five years, to assist us with our
Brownfield activities. She has excellent contacts at the Department of Environmental
Quality, since she worked there several years ago. She has also successfully assisted the
City in securing grant funding for several projects. Ms. Couture works closely with our
City Staff and Brownfield applicants for Brownfield Redevelopment Plan amendments.
The fee charged for the application process helps to defray the contract costs. Funds
for Ms. Couture's current contract have been expended. Therefore, the Commission is
asked to approve the current proposal from Ms. Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $10,000. It is expected that this
amount will allow for one to two years of service.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the proposal between the City of Muskegon and
Couture Environmental Strategies LLC, and authorize the Mayor to sign the proposal.
h. Cathodic Protection System DEPARTMENT OF PUBLIC WORKS
SUMMARY OF REQUEST: To replace the Cathodic Protection System at the Roberts St.
elevated storage tank. To replace the Rectifier Unit at the Marshall St. elevated
storage tank. To perform an inspection and calibration of the Nims St. elevated storage
tank and the up flow Clarifier Systems.
FINANCIAL IMPACT: Replacement and inspection cost of $15,980.00.
BUDGET ACTION REQUIRED: None, $18,000.00 is budgeted for this activity.
STAFF RECOMMENDATION: Recommend that the Mayor and City Commission endorse the
proposal from Corrpro Waterworks to perform the replacements and inspections.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
2003-41 PUBLIC HEARINGS:
a. Request for the Establishment of an Industrial Development District -
Motion Dynamics Corporation PLANNING AND ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Motion
Dynamics Corporation, 1818 E. Sherman Boulevard, Muskegon, Michigan, has requested
the establishment of an Industrial Development District for property located at 1818 E.
Sherman Boulevard, Muskegon, Michigan. The project will result in the creation of 2
new jobs and $240,000 in private investment.
FINANCIAL IMPACT: Certain additional income and property taxes will be collected.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing the Industrial
Development District for Motion Dynamics Corporation.
The Public Hearing opened at 5:41 pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to close the
Public Hearing at 5:44pm and to approve the resolution establishing the Industrial
Development District for Motion Dynamics Corporation.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
b. Request for an Industrial Facilities Exemption Certificate (IFT) -
Motion Dynamics Corporation PLANNING AND ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Motion
Dynamics Corporation, 1818 E. Sherman Boulevard, Muskegon, Michigan, has requested
the issuance of an Industrial Facilities Exemption Certificate. The total capital
investment for this project is $240,000 in personal property and will create 2 new
employment opportunities. This request qualifies Motion Dynamics Corporation for a 6-
year exemption on personal property. Motion Dynamics Corporation's current
workforce is 18.
FINANCIAL IMPACT: The City will capture certain additional property taxes 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 six (6) years for personal property.
The Public Hearing opened at 5:46pm to hear any comments for the public. No
comments were heard.
Motion by Vice Mayor Buie, second by Commissioner Spataro to close the Public
Hearing at 5:46 and to approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of six ( 6) years for personal property to Motion
Dynamics Corporation.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
c. Request to Establish an Obsolete Property District - Resurrection
Properties, LLC. PLANNING AND DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000,
Resurrection Properties, LLC, 2140 McCracken Muskegon Michigan, has requested the
establishment of an Obsolete Property District. The district would be located at 1871
Peck St. (former Price Cleaners), Muskegon, Ml. Total capital investment for this
project is $25,000. The project will result in the creation of 8 new jobs in the City.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution establishing an Obsolete Property
District for 1871 Peck Street, Muskegon, Ml.
The Public Hearing opened at 5:49pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 5:52pm and to approve the resolution establishing an Obsolete
Property District for 1871 Peck Street.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
d. Request to Issue an Obsolete Property Certificate - Resurrection
Properties, LLC PLANNING AND DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 146 of the Michigan Public Acts of 2000,
Resurrection Properties, LLC, 2140 McCracken Muskegon, Michigan, has requested the
issuance of an Obsolete Property Certificate for the property located at 1871 Peck
Street (former Price Cleaners), Muskegon, Ml. The building is presently unoccupied, but
will be rehabilitated for office use. Total capital investment for this project is $25,000.
The project will result in bringing 8 jobs to the City of Muskegon. Because of these 8
new jobs, the applicant has requested an 8(eight)-year certificate.
FINANCIAL IMPACT: If an Obsolete Property Certificate is issued, the property taxes
would be frozen for the duration of the certificate.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDTION: Approval of the resolution establishing an Obsolete Property
Certificate for 1871 Peck Street, Muskegon, Ml for a term of 8 years.
The Public Hearing opened at 5:45pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:55pm and to approve the resolution issuing an Obsolete Property
Certificate for 1871 Peck Street for a term of eight (8) years.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
e. Create a Special Assessment District for Alpha Ave., Commerce St.
to Jefferson St. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Alpha, Commerce to Jefferson Project, and to create the special assessment district
and appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:55pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Spataro to close the
Public Hearing at 5:57pm and adopt the resolution to create the special assessment
district for Alpha, Commerce to Jefferson Project and appoint Commissioner Spataro
and Vice Mayor Buie to the Board of Assessors.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
f. Create a Special Assessment District for Franklin St .• Washington
Ave. to Michigan Ave. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment of
the Franklin, Washington to Michigan Project, and to create the special assessment
district and appoint two City Commissioners to the Board of Assessors if it is determined
to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:58pm to hear any comments for the public. No
comments were heard.
Motion by Vice Mayor Buie, second by Commissioner Spataro to close the Public
Hearing at 6:00pm and adopt the resolution to create the special assessment district
for Franklin, Washington, to Michigan Project and appoint Commissioner Larson and
Mayor Warmington to the Board of Assessors.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
2003-42 NEW BUSINESS:
a. Special Election Agreement - Casino Gaming CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement with Archimedes CBD, LLC/Group One
for payment of costs associated with a special election regarding casino gaming. This
request is also to approve setting the date of the election for September 9, 2003.
FINANCIAL IMPACT: None. The cost of the election will be reimbursed by Archimedes
CBD, LLC/Group One.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreement with Archimedes CBD, LLC/Group
One and set the date of the election for September 9, 2003.
Motion by Commissioner Larson, second by Commissioner Spataro to approve the
agreement with Archimedes CBD, LLC/Group One and set the date of the Election
for September 9, 2003.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
b. Veterans Park Maintenance CITY MANAGER
SUMMARY OF REQUEST: To approve an agreement between the City of North Muskegon,
the County of Muskegon, and the City of Muskegon for the maintenance of Veterans
Park.
FINANCIAL IMPACT: The cost for 2003 is estimated at $15,000.
BUDGET ACTION REQUIRED: A budget adjustment for 2003 will be necessary to
accommodate the City's costs per this agreement.
STAFF RECOMMENDATION: To approve the term sheet and authorize the Mayor and City
Clerk to sign a formalized agreement approved by the City Manager and City Attorney.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the Term
Sheet for Maintenance of Veterans Park and to authorize the Mayor and City Clerk to
sign a formalized agreement to be approved by the City Manager and City Attorney.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
c. First Reading - Rezoning Request for Properties Located within 'Area
1Ob' PLANNING AND ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone many of the properties located within 'Area
10b" (bounded by Washington Ave., Seaway Dr., Southern Ave., and Peck St.).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMEDATION: The Planning Commission recommended approval of the
request at the 4/10 meeting, with one change in the proposed zoning. They
recommended that the six lots facing Peck St., in Block 423 are rezoned to R-1, Single-
Family Residential instead of RM-1, Low Density Multiple-Family Residential. The vote
was unanimous with J. Aslakson absent.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
request to rezone designated properties within 'Area 1Ob', bounded by Washington
Ave., Seaway Dr., Southern Ave. and Peck St ..
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
d. Relocation of Power Line - Terrace Lot PLANNING AND ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: It is necessary at some point to relocate the Consumer's power
line located at the NW corner of the Terrace Lot property owned by the City. If the
City works with Westwood (who owns the adjacent property) to relocate the lines at the
present time, the total cost will be approximately $246,000 (with a possible 3-5%
inflation increase). Westwood has agreed to pay for $100,000, or a 40% contribution of
the cost. If the City chooses not to participate at this time, the cost to relocate the
power line in the future will be $246,000 plus. This cost will be necessary for a future
owner to develop the property, and thus, will be an added expense for them after
purchasing the lot from the City.
FINANCIAL IMPACT: If the City were to participate at this time, under the terms outlined
in the correspondence from Westwood, the cost would be approximately $146,000 (plus
an additional 3-5% possible, due to inflation since Consumers first quoted this cost). It
is anticipated that this cost will be recouped from the future sale of the property.
BUDGET ACTION REQUIRED: The City has no fund identified to cover the cost at this
time.
STAFF RECOMMENDATION: To deny the request, as proposed by Westwood.
Motion by Commissioner Larson, second by Commissioner Gawron to enter into an
agreement with Westwood for the relocation of Consumers Energy power line on the
Terrace lot, and furthermore, this agreement is conditional on granting the
necessary easements to install the power line system along the Westwood property
and the City property.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
e. Recommendations to the Public Relations Committee. COMMUNITY
RELATIONS COMMITTEE
SUMMARY OF REQUEST: Concur with the Community Relations Committee to approve
the following:
1. Resignation of Dan Narowitz from the Zoning Board of Appeals
2. Resignation of Jill Montgomery from the District Library Board
3. Removal of Stanley Hussey from the Housing Commission Board with concurrence of
the City Manager.
4. Appoint Jill Montgomery and Pat Strum to the Public Relations Board
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Community Relation Committee and their recommendations.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
f. Natural Gas to Lakefront Development. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to sign the enclosed agreement with DTE
Energy/Michcon to provide and install the necessary lines carrying natural gas for the
entire development. The agreement would be signed, if authorized, with option 2 for a
total cost not to exceed $162,903.
FINANCIAL IMPACT: The cost to construct the necessary lines within the development is
estimated at $162,903.
BUDGET ACTION REQUIRED: None at this time. The cost will be borne by the CM! grant
to the extent available/ approved and overage via special assessment to the
development as per property transfer agreement.
STAFF RECOMMENDATION: Authorize staff to sign the agreement and issue a notice to
proceed to Michcon to perform the necessary work.
Motion by Commissioner Gawron, second by Commissioner Schweifler to authorize
staff to sign the agreement with DTE Energy/MichCon to provide and install natural
gas lines to Lakefront Development.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSED
g. Easement to Consumer Energy. ENGINEERING
SUMMARY OF REQUEST: Consumers Energy is requesting an easement across lots 1,2 & 3
of Block 557 to relocate their high voltage lines to accommodate the construction of
Shoreline Dr. This high voltage line has a pole that is setting in the middle of the
proposed intersection of Shoreline Dr. and Terrace St.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Grant easement with the condition that it will be vacated
when the lines are no longer present within.
Motion by Commissioner Larson, second by Vice Mayor Buie, that subject to
necessity of an easement, grant easement of lots 1,2 & 3 of Block 557 to Consumers
Energy, with the condition that it will be vacated when the lines are no longer
present within.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSED
h. Change Order to Washington, Franklin to Lakeshore Dr. Project.
ENGINEERING
SUMMARY OF REQUEST: It is respectfully requested that if the special assessment
district is established for Franklin, Washington to Michigan, the items of work to
reconstruct Franklin be added onto the contract with Prince Bridge & Marine for the
Washington St., Franklin to Lakeshore Dr. Project.
The estimated value of this proposed change is $75,487.50, which when compared with
the other contractors who bid on the Washington St. project was found to be the
lowest.
FINANCIAL IMPACT: The construction cost of $75,487.50 plus associated engineering
cost.
BUDGET ACTION REQUIRED: This project if approved will be added to the list of projects
in the next quarterly update.
STAFF RECOMMENDATION: Approve the change order.
Motion by Commissioner Spataro, second by Commissioner Larson to approve the
change order to Washington, Franklin to Lakeshore Dr. Project.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSED
i. Air-conditioner Units in the P.D. at City Hall. ENGINEERING
SUMMARY OF REQUEST: Authorization to enter into a $31,949.45 contract with Bowen
Refrigeration &: Heating, out of Muskegon (1152 Getty St.) to install five (5) air-
condition units. Four of those units will be installed in the Police Department at City
Hall and one will be installed at McGraft Park.
The City Hall units are needed to supplement the inadequate air from the Police
Department air handler.
FINANCIAL IMPACT: The cost of $31,949.45 which includes purchasing and installing the
units.
BUDGET ACTION REQUIRED: None at this time. The cost of the P.D. units was
anticipated and budgeted for. The cost of the McGraft Park Unit ($2,730.00 will be out
of the McGraft Park Fund.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Bowen for the
purchase and installation of all five units.
Motion by Commissioner Gawron, second by Vice Mayor Buie to authorize staff to
enter into a contract with Bowen Refrigeration and Heating for the purchase and
installation of five (5) air-conditioner units.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSED
j. Boiler Assembly at City Hall. ENGINEERING
SUMMARY OF REQUEST: Authorization to enter into a $29,162 contract with Monarch
Welding &: Engineering of Muskegon (519 W. Hackley), to purchase and install a
1,000,000 BTU on the high end and 280,000 BTU on the low end. This boiler will be
used during spring, summer and fall instead of the existing boilers which require more
electricity and gas.
The installation of this type of boiler was part of the Energy Audit recommendation that
was performed two years ago. The expected pay back was estimated at 12 years.
FINANCIAL IMPACT: The cost of $29,162 which includes purchasing and installing the
units.
BUDGET ACTION REQUIRED: None at this time. The cost of was anticipated and
budgeted for.
STAFF RECOMMENDATION: Authorize staff to enter into a contract with Monarch Welding
and Engineering for the purchase and installation of the boiler.
Motion by Vice Mayor Buie, second by Commissioner Spataro to authorize staff to
enter into a contract with Monarch Welding and Engineering for the purchase and
installation of a boiler for City Hall.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSED
k. Removal of Underground Storage Tank, Shoreline Dr. E. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Young's
Environmental Cleanup, Inc. (recommendation from Fleis & VandenBrink Engineering,
Inc) to remove the unexpected UST found during the pavement removal for the
Shoreline Dr. project in the area between Eastern, Clay, Cedar & Western. Unless there
are additional tanks or other unexpected discoveries, the agreement, if authorized,
would be signed for a total estimated cost of $10,053.65.
FINANCIAL IMPACT: The estimated cost of $10,053.65.
BUDGET ACTION REQUIRED: None at this time. The cost is expected to be an eligible
expenditure borne by the MDOT Grant to the extent available and approved.
STAFFA RECOMMENDATION: Authorize staff to enter into an agreement with Young's
Environmental Cleanup, Inc. to perform the necessary work.
Motion by Commissioner Spataro, second by Commissioner Gawron to authorize staff
to enter into an agreement with Young's Environmental Cleanup, Inc. for the
removal of an Underground Storage Tank in the area between Eastern, Clay, Cedar
and Western, found during the Shoreline Dr. Project.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSED
I. Liquor License Request - Thomas Harris 441 W. Western CITY CLERK
SUMMARY OF REQUEST: Thomas Harris previously requested a Class C license under the
Downtown Development Authority. This request is to add a Dance-Entertainment
Permit, Official Permit (food), Outdoor Service Permit, Five Direct Connections, and
two bars to be located at 441 E. Western Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All departments are recommending approval.
Motion by Commissioner Spataro, second by Commissioner Schweifler to approve
request for the Liquor License for Thomas Harris, 441 W. Western Ave.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSED
The Regular Commission Meeting for the City of Muskegon was adjourned at 7:00pm .
Respectfully submitted,
~~~
Gail Kundinger, MMC
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Muskegon Country Club
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting
approval of a fireworks display permit for July 4, 2003, at the Muskegon
Country Club. Fire Marshall Metcalf has reviewed the request and
recommends approval contingent on inspection of the fireworks and
approval of the insurance.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks and approval of the insurance.
2003-40 b)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: (~ PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL
ISSUED TO: MELROSE PYROTECHNICS, INC.
NA.'-'!E MICHAEL CARTOLANO
ADDRESS AGE
P.O. BOX 302, KINGSBURY, IN 46345
REPRESENTING
NA.'-!E OF ORGA.'<1ZATION, GROL'P. FIR.',\ OR CORPORATION
MUSKEGON COUNTRY CLUB
ADDRESS
2801 LAKESHORE DR., MUSKEGON
NUMBER&TYPESOFFIREWORKS: APPROXIMATELY 1.200 AERIAL DISPLAY SHELLS
RANGING FROM l¼ INCHES TO 8 INCHES IN DIAMETER.
DISPLAY:
EXACT LOCATION
2801 LAKESHORE DR., MUSKEGON
CITY, VILLAGE. TO'liNSHIP DATE TIME
,JULY 4. 2003 DTTSK APPOX. 1qrM
BOND OR rNSURANCE FILED: <i YES ( ) NO AMOUNTS
000 .oo
ISSl!ED BY
Issued by action of the t,,IT/SKEGON CITY COMMISSION
(oouncll, eommiuton. OO&fd)
of the CITY of --"'Ml~J~S~K~E~G~O~N.:,___
on the May l 3' ~~ . J
en Warmin ton
(ll!l"ll'Ure Jr. p<111t,on of c.ounc,I. oommiuion or bol.!'d rcpresfflt.&tlvc)
FM- 32( 12- 68)
APPLICATION
FOR FIREWORKS DISPLAY PERMIT DATE OF APPLICATION
Act 358, P.A. 1968 -2.H-03
l. TYPE OF DISPLAY: ¢ Public Display 0 Agricultural Pest Control
2, APPLICANT
NAME ADDRESS AGE: Mus t b e 21 or o v er
12...3
EXPERIENCE:
NUMBER OF YEARS NUMBER OF DISPLAYS WHERE
IL Tv.1 OH-
NAMES OF ASSISTANTS:
AGE
40
AGE
3to
4, NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Atto rney or Resident Agent A D DRESS TELEPHONE NUMBER
5. EXACT LOCATION OF PROPOSED DISPLAY
STORAGE PRIOR TO OISPLA Y
( Su bjec t t o Approv al o f Local Fire Auth ori t ies)
I A. AMOUNT OF BONO OR INSURA NC E
7, FINANCIAL RESPONSIBILITY t t o be set b y munic ipa li ty)
$ l3:: 000 000 ,Do
8. BONDIN G CORPOR A TI ON O F I NSURANCE COMPA NY: NAME A D D RESS
;,.. r , .. ,,.- t i ..... .-. c, \
MAY-09-03 04:52 PM M 61675-557'59 P.02
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1"'1~1'.1.....
ltfelJUJNffOf l'ltl;,1.Mwl Q(illl/'0-11-tl "Ol.l"-flt!e!i!Wtl.Lln IP°Ollt'ffl!. DllllATMIN
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04/24/2003 12:55 2193935710 MELROSE PVROTECHNICS PAGE 0:2
FM-51 (3-98)
MICHIGAN STAIB POLICE
FIRE MARSHAL DIVISION
APPLICATION FOR FIREWORKS DISPLAY PERMIT
i&1 PUBLIC DISPLAY
• AGRJCULTU~AL PEST CONTROL Date of App!icatk,n oJ/2J/fJJ
Narne of Appllcant Address Age (113 or ov~r)
MELROSE PYRO.TECHMCS, INC P.O. 80X J02, KINGSlJURY,,JN 46-'45
If a Corporation, Name of F're~ideot At:dress
MICTftlEL CARTOLANO P.O. .BOX J02, K.TNGS/1URJ~ /;\' 4ffJf5
II a Non-re•ident Applicant; Name of Ml Adcire.,, Phone No,
Attorney or RBSident Agent (MO) 794-l,)05
MIA'E J:<N WO f.O. BOX 11.t. BELDING, Ml '8A09
Name of Pymfflclmic Operator Address Age {18 or over)
MIA'E ~;,i,v LOO P, 0, BOX 123, 8/SLDING, MT 48809 J4
No,, Years E;~rien1;;e No, Oispl~y5 Where
14 l'Er1RS lSo+ M1Clfl0AN, ILf.rtvOJS, fNTflANA, K'ENTUCKY, OHIO
Name of AS5istant Address Age
JOJINKltlPKO l',0., BOX /Ai, ~1;7,0/NG. Ml J,'8119 ;o
Name of Other Assistarit: Address Age
SCOTT FERMAN J'.O. BOX W, BELO/NG, M/48809 .1~
EJCact Location of Proposed Dlsplay
Mmkagnn Cnunlr)• Cluh Gmtmds
Dale, of Proposed Display Jul), 4, 1009 Time of Proposed Display tJu:rl, -Appm.-dtttttfc{v JIJ:00 pm
No. Of Flt...orkS Kind of Firework& t, be Clsolaved --
A""TP:rlmatelll 1200 .Aeriaf di,mluv .,lirtllt. ta.,,.,,; .. ,.. in Jfze from J 114 f,rcltcs. tQ Q i~/tf,1 in dlIUt1det fflr tudt dt.inltlV {late.
Manner & Place of Storage Prior to Dlsplay (Subject to Ap'""'°val of Lo~l Fltt! Auth0ritl9S}
NO STORAGE NECSSM/lY, l>U,Wr':1'/ll> ON lJATE OF DTSJ'U l'
Amount of Bond of Insurance (to be slrt by local gov't~ I Name of Bonding Col'J)ottdion or Insurance Company
$.<000 OOli. flJJ ORITTON-GALLAGHER & r1SS"FC!ATF.S
Addmss of Banding COl'pora11on or lnsumnce Company
fi140 SOM CENTER RD.. CLEVELAND. Olf 44139 _.
Signature of Applicant Jnf..H-, ,. ]1)I_~ /fl//,, ,I <fit:s,_ Fr,r llff!!ro.'ie 1'.1rrott:l'hn1<.~·. Inc.
I /I
SEE OTHJ;R SIDE FOR INSTRU(;J'IONS
Authorfty; 1988 PA 351:!
Compliel'1tl!l: Voluntery but ~ permit will
not be lss1.1ed withaul an
aool!callon.
04/24/2003 12:55 219'3'::135710 MELRIJSE P\'RIJTECHNICS PAGE 0.3
FM-49(60991
N:ICtllGAN STATE POLICE
FIRE MARSHAL DIVISION
PERMIT
FOR FIREWORKS DISPLAY
This permit is not transferable. Possession of this permit authorizes the herein named person to possess,
transport, and display fireworks in the amovnts, for the purpose of end at the place listed below only.
[81 PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL
Issued To I AsJe (1 B or over)
MEl.RQSK PYR07£C1fNICS INC. l
Mdt<,••
P.Q,RQX 12.; BELD!NG.M/48809
NarM of Organiz~ion. Gtoup, Firm, 0r Corporation
Mn.tJa.•tum Omm..,, au~
Mdl<>SS
:J/UJ1 laktslt,;tt Dri1•.e- /1-1,iJ/l-on- Mic'1Ula11 -----·---
Number and TYPff or r u·oworks
Appro.Ylm'1te}y J1i()O aetial 1fi,fp/(IJ! ~lwll<; ror,ging.frmtt I //4 ittc-lfes f<I 8 fndllf.<: fo ditrlhttU-.
Exact Looation of u1$play
280/ l.OkC$!1Qre IJl1.l-'e"
City, VIiiage, Townahip j D.ate Tim8
A"»r<JXIMlll1?l" 1(1;00 nm
M1uk""'1,n JUl"4 10(}J
Amount
Bond or lnsura.11ce Filed?
~ Yo• • No SS.OlltJ (/(/0.00
Issued by action of tl1e D council D commission D board of the
Deity D village
D township of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
(Name of c;iy, VIiiage, Township)
an the ________ day o f _ ~ - - - - - - - - - - - - - ' _ _ _ _ __
(Signature Qnd Tille ofCouncil/Commi:$$11-in/Bmud Representative)
AUTHORITY: 1968 PA 358
COMPLIANCE: l<"'!Ulr<>d
PENALTY: Misdemeal\Ot
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Request to Fly the Norwegian Flag
SUMMARY OF REQUEST: Sognefjord Lodge 523 (Sons of Norway)
requests permission to fly the Norwegian Flag outside City Hall on
Saturday, May 17, 2003, in honor of Norwegian Independence Day.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
05/06/2003 14:41 2317254694 BRUNSWICKCREDIT UN PAGE 02/02
!
l
May 6, 2003
I
City of Muskegon
Clerk's Office I f
On behalf ofSognefjord Lodge' 23 (Sons of Norway), lam requesting that our lodge be
th
able to fly the flag of Norway o the weekend of May J 7, 18, 2003. Saturday, May 17 is
)Jorwegian lndependern;e Day,·· 1d our lodge will be celebrating it on that day. !fit is
possible we would like to displ · the flag in the front of City Hall, facing Terrace Street.
Our lodge officers me as follo
President: Bringedahl, 2358 Spruce St., Muskegon, MI 49444
Vice President: tordon Gutowski, 5130 Davis Rd, Muskegon, Ml 49441
Secretary: L,'buise Engle, 4235 Doral Dr., Muskegon, Ml 49442
}
fin. Secretary: JI, rdis Hutchins, 2734 Patricia Dr, Mt1skegon, Ml 49445
Our lodge is located at 420 Ha11ey Street, Muskegon, Ml 49442, we are a Fraternal
Benefit Organization, and havel,our 501(c)3 designation as a non-profit organization.
I, Larry Bringedahl, will be res onsible for the flags condition and presentation.
Thank you for your considerat\ n in this matter.
Sincer~
~ringedr
President, Sognefjord Lodge 5 3
Ii
lI
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Flamingo II
1163 E. Laketon
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from PNS#9, Inc. to add space to
their Class C-SDM licensed business with Official Permit (Food).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Muskegon Police Department
A ~ L .'J::.~
e~o1 'P6ttu
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 l) 722-5 140 /=
www.muskegonpolice.com
March 18, 2002
To: The City Commission through the City Manager
From: ~
- L I .J /J
~~
n ,...,
iliny L. Kleibecker, Chief of Police
·
Re: Request of Add Space to 1163 E. Laketon Ave, Muskegon, MI.
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant PNS#9, Inc. for Add Space in
2001 Class C-SDM licensed business with Official Permit (food).
The listed location is that of Flamingo II bar and restaurant. Anita Loera is the license
holder and her father, Al Loera is the current owner. We have spoken with Mr. Loera
who stated that approximately two (2) years ago the business was in need of a larger
walk-in cooler/freezer. The proper building permits were obtained from the City of
Muskegon and an addition was added to the business for the coolers. Mr. Loera stated
that he was not advised that L.C.C. needed notification of this addition. After the
addition was completed and some time had gone by, L.C.C. did an inspection of the
building and discovered that they had not given permission for the addition. This request
form is in need of completion in order to have the proper forms 011 file with L.C.C.
After speaking with Mr. Loera we find 110 reason to deny this request.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 3-11-02
Re: Request of Add Space to 1163 E. Laketon Ave, Muskegon, MI.
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant PNS#9, Inc. for Add Space in
2001 Class C-SDM licensed business with Official Permit (food).
The listed location is that of Flamingo II bar and restaurant. Anita Loera is the license
holder and her father, Al Loera is the current owner. I spoke with Al Loera who stated
that approximately two (2) years ago the business was in need of a larger walk-in
cooler/freezer. The proper building permits were obtained from the City of Muskegon
and an addition was added to the business for the coolers. Mr. Loera stated that he was
not advised that L.C.C. needed notification of this addition. After the addition was
completed and some time had gone by, L.C.C. did an inspection of the building and
discovered that they had not given permission for the addition. This request form is in
need of completion in order to have the proper forms on file with L. C. C.
After speaking with Mr. Loera I find no reason to deny this request.
Respectfully submitted,
(
Det. Kurt·bykman
data/common/Loera2
Michigan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
To: Muskegon Police Department January 17, 2002
Chief of Police REQ #: 140875
2715 Bake, St,eet 9?0 ,--,
,J f' 1 ~:'.''.:J~';7
0 .OOr,J.;:>L&>
Muskegon Ml 49,t,t,t--
'(1'/'IS -oS3 £
Chief Law Enforcement Officer
Applicant:
PNS#9, INC. requests to Add Space in 2001 Class C-SDM licensed business with Official
Permit (Food), located at 1161-1163 E Laketon, Muskegon Ml 49442, Muskegon County.
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
Please include fingerprint cards and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
ljt
Affirmatlv, Action
(231 )724-6703
}<'AX: (231)722-1214
Assessor/Equalization
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231 )724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
CMIServlce
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178
May 19, 2003
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info.
Systems
Liquor Control Commission
(231 )724-6744 7150 Harris
FAX: (231)722-4301
PO Box 30005
Engineering Dept. Lansing, Ml 48909-7505
(231 )724-6707
FAX: (231)727-6904
REF: #140875
Finance Dept,
(231)724-6713 1161-1163 E. Laketon
FAX: (231)724-6768 Muskegon,Ml 49442
Fire Department
(231 }724-6792
FAX: (231)724-6985
To Whom It May Concern:
Income Tax
(231 )724-6770 Enclosed is form LC-1800 which is signed by the Police Chief.
FAX: (231)724-6768
Inspection Services Please do not hesitate to call me at (231) 724-6705 if you have any questions.
(231)724-6715
FAX: (231)728-4371
Sincerely,
Leisure Services
(231)724-6704
FAX: (231)724-1196
Mayor's Office
(231)724-6701 Linda Potter
FAX: (231)722-1214
Deputy Clerk
Planning/Zoning
(231)724-6702
FAX: (231)724-6790 Enc.
Police Deplartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water BIiiing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Michigan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
POLICE INSPECTION REPORT ON LIQUOR LICENSE REQUEST 7150 Harris Drive
(A thorized by MCL 436.?a) Lansin/~~~~:i~igi9-7505
REQ ID# 140875 d_~, /-,};)- - O;;J-.
Important: Please con<t9 y ur investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
PNS#V, INC., 1161-1163 E Laketon, Muskegon MI 49442, Muskegon County
REQUEST FOR:
Add Space in 2001 Class C-SDm licensed business with Officiai Permit (food)
I Section 1. . : -.•'. .·.. •:-.- . .
I
'.· ·•.· · ·
:APPLICANTJNFORMATION .· . . ' ....
APPLICANT # 1: APPLICANT #2:
Contact: Attorney Michael L. Rolf
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
phone (231) 7J.2-1621
DATE OF BIRTH: DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
D Yes ONo D Yes D No
o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status:
Date fingerprinted: Date fingerprinted:
Attach the fingerprint card and $15:oo for each card and mail t6the Llqu6(Control C_ommission. I
ARREST RECORD: 0 Felony O Misdemeanor ARREST RECORD: 0 Felony O Misdemeanor
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dated report if more space is needed) dated report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Can living quarters be reached from the inside of the establishment without going outside? D Yes ...gi No
Does applicant intend to have dancing or entertainment?
- No D Yes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
re gas pumps on the premises or directly adjacent? WNo D Yes, explain relationship:
I Section 3. Local and State Codes arid Ordinances, and General Recommendations
Will the applicant's proposed location meet all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and
ordinances, if this license is granted? Yes ·B---. No D . .
If you are recommending approval subject to certain conditions, list the conditions: (Attach a signed and dated report II more space Is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~Yes 0 No
2. Is the. proposed location satisfactory for this business? ©Yes 0No
3. Should this request be granted by the Commission? ,@Yes 0 No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space Is needed)
heriff or Chief of Police) Date
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
LIQU·O R LICENSE REVIEW FORM
Business Name: _ l, m zo
[ '-4-'-f--4--'-~;}:7--"'-""'--------------
__,___,_, 1·11
AKAl:ilusiness Name (.ifappllicabie): fA/S # 4 ~c .
Operator/Manage:r1 s Name:
Business Address:
Reason. for Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stock.holder Name D New Entert~inment Permit D
Other _ __._/l__..d~a----'-=s~f)'-=q'-""'c'-"~""'------------
7
Deadline fo:r receipt of all information: _ _.L.'/_-_;_/_·-_0_.;2.=-
~- - - - -
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing .D Amount:
Treasurer Approved D Owing D Amount:
Zoning Approved D Denied D .Pending .ZBA D
Clerk's Approved D Owing • Amount: _ _ __
Fire/Inspection Compliance O Remaining Defects "'-------
Services
Department Signature_ qL
.....,___~
-=----
---
-- - - - - - - -- - - - -
Gail A. Kundinger, City Clerk
.Liquor License Coordinator
LIQUOR LICENSE REVIE'\tV FORM
tr /
Business Name: ----L--+,J,J t7
.
m I rJ E o
4(4...1...!..L.£....:....C?'L...,E:;....1,L_------------
AKA Business Namie {if applicable): fA/S # 4 ~ -c ,
Ope-rator/Ma:nage.r~s Name:
Business Address:
Reason for Review:
New License D Transfer of Ownership D Dance Permit ·D
Drop/Add Name on License •· D
Transfer Location
Drop/Add Stockholder Name 0 New Entert~inment Permit D
Other _--L,/).....L-..!.,ri~d-4.,._--=.S-=-P-/J:_.l:::jct~c~e---=------------
'
Deadline for receipt of all information: _ __,_f_---=-/_-_O_.;2.;;_: _ J_ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing .D Amount:
Treasurer Approved ~Owing D Amount: _ _ __
Zoning Approved D Denied D .Pending .ZBA D
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance D Remaining Defects ~ - - - -
Services
Department S i g n a
....,- t_u
·~re
-·_
' (_
.~
_.;__ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQU·O R LICENSE REVIE\tV FORM
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. Liquor License Coordinator
LIQUOR LICENSE REVlE\,V FORM
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Gail A. Kundinger, City Clerk
Liquor License Coordinator
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LIQUOR LICENSE REVIE\tV FORM
Business Name:
AKA'J3usiness Name {if appnlicable): fA/S # 4 J;,1c -
Operator/Manager's Name:
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Gail A. Kundinger, City Clerk
. Liquor License Coordinator
LIQUOR LICENSE REVIE\tV FORM
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Business Name: f 14r721/J£0
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Income Tax Approved • Owing D Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D Pending .ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance -{Zj Remaining Defects ,
Services
Department Signatnr~~ ~ '
Gail A. Kundinger, City .Clerk
.Liquor License Coordinator
Commission Meeting Date: May 13, 2003
:2.,oo ~ - L\ o e.)
Date: May2,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development c.J!i!---
RE: lnstallation of 10 Decorative Lights on Western Avenue
SUMMARY OF REQUEST:
The City has available through the Enterprise Community grant from 1994 $30,000
earmarked for the purchase and installation of decorative lighting on Western Avenue.
This purchase was approved last summer by the Enterprise Community Task Force.
The Planning Department staff has been working with Consumer's Energy to select
appropriate light fixtures to be installed and maintained by Consumer's. Attached is a
picture of the three lamp styles we have to choose from. This project is the beginning
of a streetscape plan the Planning Department hopes to continue with other grant
money sometime in the future. City Commission needs to give their approval for the
installation, since the lights will be located in the City right-of-way.
FINANCIAL IMPACT:
None. The lights will be maintained by Consumer's Energy.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
For the Mayor and Clerk to sign the attached resolution approving of the installation of
the lights in the City right-of-way on Western Avenue.
COMMITTEE RECOMMENDATION:
The Enterprise Community Citizen's Task Force approved of this request in June of
2002.
5/2/2003
Apr 21 03 03:55p William B . Johanson 231-728-86 1 7 p. 1
I
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Resolution No. 2003-40 e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING INSTALLATION OF
DECORATIVE LIGHTING IN THE CITY RIGHT-OF-WAY
WHEREAS; the City of Muskegon has $30,000 of available funds from the Enterprise
Community grant, and
WHEREAS, the Enterprise Community Task Force approved the expenditure of these
funds for decorative lighting on Western Avenue at their June, 2002 meeting; and
WHEREAS, the lights will be installed and maintained by Consumer's Energy; and
WHEREAS, the lights will be located within the City of Muskegon's right-of-way on
Western Avenue between Sixth and Fourth Streets; and
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the
City of Muskegon, Michigan that the City Commission approves of the
installation of 10 decorative street lights within the City of Muskegon's right-of-
way on Western Avenue between Sixth Street and Fourth Street.
Adopted this 13 th Day of May 2003
Ayes: 7
Nays: o
Absent: O
u
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on May 13, 2003. , /
tlw. Q- ~~
Gail A. Kundinger, MCC, Clerk
Commission Meeting Date: May 13, 2003
Date: May 6, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CJ!/ ~. .
RE: Approval to resubmit Notice of Intent (NOi) for
Partnership for Traditional Neighborhood
Redevelopment (ParTNeR) Program- New Project
SUMMARY OF REQUEST: The NOi was submitted for the ParTNeR Program, and staff has
since meet with the MEDC staff. The MEDC and their partners (MSHDA and MSHPO) would
like us to resubmit our project for Western Avenue. MEDC believes that Western Avenue is
well into it's renaissance, and a project in this area has the most chance of success at this
time. In addition, they believe they can better appeal to MOOT for approval of our
Enhancement Grant, if the project is on Western Avenue. The primary project identified is
the redevelopment of the Boiler Works building and the small Depot, at the intersection of
Western Avenue and Eighth Street. Therefore, the project proposed is to acquire the
property at the SE corner of Western and Eighth, demolish the building (which is not historic)
and create parking. With the developments along Western Avenue, parking is becoming a
much-needed commodity. This project would greatly assist developments in the area.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the costs of a
consultant to conduct a plan for the identified area (see map attached) and to purchase two
buildings on Third Street for demolition and/or renovation. In addition, funds will be used for
streetscape improvements. The amount being applied for may exceed $400,000, since the
project is more costly. The local match must be 10 percent, or $40,000+. The City would
pledge $20,000 in CDBG funds, and the Community Foundation for Muskegon County would
pledge $20,000 from their MSHDA funds. In addition, we can use matching funds from the
Transportation Enhancement grant, in the amount of $271 ,000 and $30,000 for the new
streetlighting on Western Avenue (Enterprise Community funds), for our local match.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the Mayor
and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution No. 2003-40 f)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE SUBMITTAL OF A
NOTICE OF INTENT TO PARTICIPATE IN THE STATE PARTNERSHIP FOR TRADITIONAL
NEIGHBORHOOD REDEVELOPMENT (ParTNeR) PROGRAM
WHEREAS, the Michigan Economic Development Corporation (MEDC), in partnership with the
Michigan State Housing Development Authority (MSHDA) and the State Historic Preservation
Office (SHPO), is requesting Notice of Intent (NOi) submissions for the ParTNeR program; and
WHEREAS, the City of Muskegon has been invited to submit a NOi, as the central city of the
County of Muskegon; and
WHEREAS, funds are available through the Community Development Block Grant Program,
through the County of Muskegon , for economic development infrastructure projects, and
WHEREAS, the proposed area for the ParTNeR program includes the commercial corridors along
Western Avenue between Third and Eighth Streets; and Third Street between Western Avenue
and Merrill Streets, and the residential areas bounded by Third Street, Muskegon Avenue,
Shoreline Drive and Eight Street; and
WHEREAS, it is the intention of the City that the Project will include a comprehensive
neighborhood revitalization planning process, as well as an infrastructure project that involves the
acquisition of property at the SE corner of Western Avenue and Eighth Street, with the building to
be demolished, and parking lot improvements made, and streetscape improvements added along
Fifth Street, between Webster and Western Avenues;
NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes staff to submit
an NOi to the MEDC, and if approved for the ParTNeR project, to coordinate the project with the
County of Muskegon and the Community Foundation of Muskegon County,
AND, BE IT FURTHER RESOLVED, THAT the City Commission authorizes the expenditure of
$20,000 in CDBG funds to be used towards the match, if the grant is approved by the MEDC for
the project.
Adopted this 13 t hJf May, 20 03
AYES: 7
NAYS: O
ABSTAIN: O
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
M~y L3, 2_003 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
-"' - ~Q_. J_
By ------'L~ ·_____- _
.
Gail A. Kunding~
4
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Commission Meeting Date: May 13, 2003
Date: April 28, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department ~6c_.
RE: Brownfield Consulting Contract- Anne Couture
SUMMARY OF REQUEST: The City of Muskegon has been contracting
with Anne Couture, of Couture Environmental Strategies LLC, during the
last five years, to assist us with our Brownfield activities. She has
excellent contacts at the Department of Environmental Quality, since
she worked there several years ago. She has also successfully assisted
the City in securing grant funding for several projects. Ms. Couture
works closely with our City Staff and brownfield applicants for Brownfield
Redevelopment Plan amendments. The fee charged for the application
process helps to defray the contract costs. Funds for Ms. Couture's
current contract have been expended. Therefore, the Commission is
asked to approve the current proposal from Ms. Couture.
FINANCIAL IMPACT: Costs to the City will not exceed $10,000. It is
expected that this amount will allow for one to two years of service.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and Couture Environmental Strategies
LLC, and authorize the Mayor to sign the proposal.
COMMITTEE RECOMMENDATION: None.
vi
2003-40 {g) PU\!\.,
' ' f
Couture
Environmental Strategies LLC April 7, 2003
Ms. Cathy Brubaker-Clarke
Director of Community and Economic Development
City of Muskegon
PO Box 536
Muskegon, Ml 49443-0536
Re: Proposal for Continuation of Services
Brownfield Redevelopment Activities
Dear Cathy:
Couture Environmental Strategies LLC is pleased to submit this proposal to the City of
Muskegon ("City") to continue to provide the City with assistance on various brownfield
redevelopment activities. This effort primarily involves working with the City, developers,
businesses, and state officials to utilize all available brownfield redevelopment tools that
provide incentives to redevelop brownfield properties within the City. This includes
adding sites to the Muskegon Brownfield Plan through amendments to the Plan, as well
as pursuing additional grants and loans that may become available to the City to
facilitate its brownfield redevelopment efforts.
Scope of Work
The Scope of Work for the proposed services of Couture Environmental Strategies LLC
includes the following:
• Based on referrals obtained from the City, work with developers, property owners,
their attorneys and environmental consultants to evaluate the eligibility of properties
to be included in the City of Muskegon's Brownfield Plan.
• Provide recommendations to the City regarding Brownfield Plan amendments, or
recommend use of other incentives available to the City to redevelop Brownfield
properties.
• Upon concurrence by the City or its Brownfield Authority, prepare amendments to the
Brownfield Plan, with advice and counsel from City attorneys.
• Prepare brownfield grant or loan applications, as directed by the City.
• Undertake other brownfield redevelopment activities as directed by the City.
1451 Shoal Avenue • Richland, M ichigan 49083 • 6 16 629•9842 • Fax : 616 629 •9 104 • E-Mail: c
Ms. Cathy Brubaker-Clarke 2 04/07/03
Cost Estimate
The services of Couture Environmental Strategies LLC will be billed to the City on an
hourly basis; my 2003 hourly rate is $150/hour. Time will be billed based on actual
hours worked and direct costs incurred. Costs to the City for these services will not
exceed $10,000 unless specifically authorized by the City. This amount of funding is
likely to be sufficient to fund over a year of brownfield redevelopment support activities.
Agreement
Attached to the letter are Provisions for Representation by Couture Environmental
Strategies LLC ("Provisions"). This letter and the attached Provisions constitute a
contractual agreement for services. If these terms and conditions are acceptable, I
would appreciate your acknowledging acceptance of them by signing and returning the
enclosed copy of this letter. Please don't hesitate to call if you have any questions.
Sincerely,
a?~
Anne P. Couture
Couture Environmental Strategies LLC
Agreed and Accepted
May 13, 2003
Date
Attachment
Ms. Cathy Brubaker-Clarke 3 04/07/03
PROVISIONS FOR REPRESENTATION BY
COUTURE ENVIRONMENTAL STRATEGIES LLC
Except as modified by an engagement letter, the following provisions will apply to the relationship
between Couture Environmental Strategies LLC and each of its clients:
1. Fees for services rendered will be based on the reasonable value of those services. Fees
will be based primarily on standard hourly billing rates and the numbers of hours worked.
Couture Environmental Strategies LLC will adjust billing rates from time to time.
2. Time for which a client will be charged will include, among other things, telephone and office
conferences with the client, consultants, regulators, public officials, developers, prospective
purchasers, and others; research; report preparation; document review and comment; drafting
of letters, memoranda and other documents; and travel time.
3. In addition to fees, costs and expenses incurred in performing services may be billed, including
photocopying, postage, travel (mileage, meals, lodging), faxes, and other similar costs and
expenses.
4. Although fees or costs are estimated, these estimates are subject to unforeseen circumstances
and are by their nature inexact. CES LLC will not be bound by any estimates except to the
extent expressly set forth in the engagement letter.
5. Fees and expenses will be billed monthly.
6. A client shall have the right to terminate our services and representation upon written notice.
Such termination, however, will not relieve the client of the obligation to pay for all services
rendered and costs or expenses paid or incurred on behalf of the client prior to termination.
7. In recognition of the relative risks, rewards and benefits of the Project to both the Client and
CES LLC, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by law, CES LLC total liability to the Client for any and all injuries, claims, losses,
expenses, damages or claim expenses arising out of this agreement from any cause or
causes, shall not exceed CES LLC total fee for services rendered on this project. It is
intended that this limitation apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law.
Date: M ay 13, 2003
To: Honorable Mayor and City Commission
From: DPW - Water Filtration Plant
RE: Cathodic Protection System
SUMMARY OF REQUEST:
To replace the cathodic protection system at the Roberts St. elevated
storage tank. To replace the rectifier unit a the Marshall St. elevated
storage tank. To perform an inspection and calibration of the Nims St.
elevated storage tank and the upflow clairifier systems.
FINANCIAL IMPACT:
Replacement and inspection cost of $15, 980.00.
BUDGET ACTION REQUIRED:
None, $18,000.00 is budgeted for this activity.
STAFF RECOMMENDATION:
Recommend the Mayor and City Commission endorse the proposal
from Corrpro Waterworks to perform the replacements and inspections.
MEMORANDUM
5/7/03
TO: R. KUHN, DPW
FROM: R. VENEKLASEN, WFP
RE: CATHODIC PROTECTION SYSTEM REPLACEMENT AND
INSPECTION- ELEVATED TANKS & CLAIRIFIERS
BACKGROUND
The City's three one-million gallon elevated storage tanks and the two upflow
clairifiers at the Water Filtration Plant are equipped with cathodic protection
systems. These systems are designed to change the flow of electrical current
(electrons) from the steel structure to sacrificial anodes. This process deters the
corrosion, or rusting, of the immersed steel. Thereby, retaining the integrity of
the structure where it is in contact with the water. The elevated tank systems
have been in service for over 24 years
INSPECTION
The annual inspection and calibration performed by Corrpro Waterworks last
year indicated the need for replacement of two of the rectifier units, and one
anode/cathode system. Further, the inspection recommended consideration for
replacement of the remaining elevated tank and clairifier units in the near future.
We elected to find the results of this-years inspection and construction plans prior
to replacing the remaining systems.
Corrpro Waterworks is the only mid-west vendor recommended by our
consultant, Ira Gabin of Dixon Engineering. They are the firm that installed our
• present systems and has invariably been the lowest responsible bidder for the
annual inspections.
BUDGET
The Water Filtration Plant budget includes funding for replacement of the two
rectifiers and one anode/cathode system and an inspection and calibration this
year. A request for a price quotation was made to Corrpro Waterworks to
perform replacements and inspections. The response is included.
RECOMMENDATION
I recommend we bring this issue before the Mayor and City Commission for their
review and approval of Corrpro Waterworks to perform the work as indicated.
Affin11ative Action
231/724-6703
FAX/722-1214
MUSKEGON
Assessor
231/724-6708
FAX/726-5181
Cemetery
2] I /724-6783
FAX/726-5617
Civil Setvice
231/724-6716
FAX/724-4055 April 9, 2003 West Michigan's Shorellne City
Clerl1
23 l /724-6705
J/AX/724-4178 Ms. Denise Jeffery
Comm. & Neigh. CORRPRO Waterworks
Services 1055 West Smith Road
231/724-6717
FAX/726-2501
Medina, OH 44256
Engineering
231/724-6707
FAX/727-6904 Dear Ms. Jeffery,
Finance
231/724-6713 The City of Muskegon Water Filtration Plant desires to have a cathodic protection
FAX/724-6768
system and rectifier replacement and an annual inspection made to its' cathodic
Fire DelJI. protection systems. Kindly provide a price quotation for the following services.
231/724-6792
FAX/724-6985
• Marshall St. 1.0 MG elevated storage tank, system #52514. Replace the existing
Income Tax rectifier with a solid state, automatically controlled, TASC VIII unit.
231/724-6770
FAX/724-6768 • Roberts St. 1.0 MG elevated storage tank, system #52513. Replace the entire -
system per AWWA standard 0104-01, or most recent.
Info. Systems
231/724-6744 • Perform annual inspection of the following locations:
FAX/722-4301
• Marshall St. 1.0 MG elevated storage tank, system #52514.
Leisure Service • Roberts St. 1.0 MG elevated storage tank, system #52513.
231/724-6704
FAX/724-1196
• Nims St. 1.0 MG elevated storage tank, system #52512.
• East and West Clairifier, Beach Street, system #'s 52509 and 52510.
Manager's Office
23 l/724-6724
FAX/722-1214 The City has scheduled painting of the Roberts St. elevated storage tank for September
l\·fayor's Office of this year and prefers to coordinate the system replacement" with that work. The
231/724-6701 Marshall St. rectifier replacement and the inspections can be coordinated with the work
FAX/722-1214
at Roberts St., or not.
Neigh. & Const.
Services
231/724-6715
Kindly submit an itemized price quotation, and proposed schedule for the
FAX/726-2501 aforementioned work.
Planning/Zoning
231/724-6702 Sincerely,
F AX/724-6790
Police De11t.
231/724-6750
FAX/722-5140
~~
Robert Veneklasen
Public Works City of Muskegon
231/724-4100
FAX/722-4188 Water Filtration Plant
1900 Beach Street
Treasurer
231/724-6720
Muskegon, Ml 49441
F AX/724-6768 231.724.4106 voice
WMer Billing Dept.
231.755.5290 facsimile
231/724-6718
F AX/724-6768
Water Filtration
231/724-4106
FAX/755-5290
Department of Public Works, 1350 E. Keating, Muskegon, Ml 49442
2003-40 h)
Wednesday, April 16, 2003 1055 West Smith Road
Medina, OH 44256
City of Muskegon Tel: 330/725-6681
Water Filtration Plant Fax: 330/723-6065
1900 Beach Street www.corrpro.com
Muskegon, MI 49441 www.corrpro.com/waterworks.htm
Attention: Mr. Bob Veneklasen
Ph: 231.724.4106
Fax: 231.755.5290
Reference: Cathodic Protection - (quote #Ml-03-54)
I.OMO Marshall Street Elevated Tank, System #52514
I .OMO Roberts Street Elevated Tank, System #52513
Per your recent request, Corrpro Waterworks proposes the following.
Marshall St. 1.0 MG Elevated Stora e Tank, S stem #52514
e recommen t at you cons, er rep acmg t e rect1 1er wit a solid state, automatically controlled, TASC VIII unit. The
advantages to using the TASC VIII unit are that it regulates the protective current to maintain a pre-selected potential value. This
results in the entire submerged area of the tank receiving proper levels of corrosion control regardless of changes in the water
level, water chemistry, temperature, turbulence or coating condition. The TASC VIII rectifier complies with A WW A Standard D-
104-01 for Type "A" automatically controlled rectifiers.
Corrpro Waterworks will supply all necessary labor, materials, equipment and supervision required to install a new TASC VIII
automatic rectifier unit, make any necessary wiring modifications, energize the system upon completion and provide operating
instructions to your personnel for the lump sum of Five Thousand Dollars ( $5,000.00). This price does not include any applicable
taxes. Please forward tax exemption certificate as required. AC power from the ex1stmg rectifier must bemaintained so that it can
be transferred to the new rectifier.
Roberts St. 1.0 MG Elevated Storage Tank, System #52513
Complete new interior anode system and new automatically controlled TASC VIII rectifier unit. Corrpro Waterworks will supply
all necessary labor, materials, equipment and supervision required for complete turnkey installation for the lump sum price of
Ninety-Nine Hundred Dollars ($9,900.00).
We estimate this tank will have to be drained for approximately one(!) day. The structure must be drained and cleaned upon our
crew arrival. We will make a return trip to energize and catlhrate the system after the tank has been returned to service .
. \' ·.,:;.
Our price does 1101 i11c/11(/e tire cost to dra/11 a11d refill tile ta11k, opell or close a11y wet 111a11way ilatcile or disilifect tile tank.
Attached is our annual service inspection proposal for 200~,. P,le,~s,note, we have left the Roberts St. and Marshall St. tanks at no
charge, as the above pricing includes inspection/profil;e,,a~-~ R~rt, pf.the installation pricing.
We can schedule all work in September if you prefer,'a{the:zqbi'iervice was performed 10/15/02,
All materials and labor would be guaranteed for a period of one year by Corrpro's standard warranty. Our terms are due upon
receipt subject to credit approval. Invoicing will be is~4ep, ~Aon completion.
Should you have any questions or require additional information, please do not hesitate to contact me.
Respectfully Submitted,
CORRPRO WATERWORKS
~
Denise Jeffery
/
Sales
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ANNUAL SERVICE AGREEMENT ff.ARCO WATERWORKS
,_ . . . a Corrpro Company
WATER STORAGE TANK I CLARIFIER
CATHODIC PROTECTION SYSTEM(S)
MUSKEGON, CITY OF www.corrpro.com PO Box 721
DEPARTMENT OF PUBLIC WORKS www. corrprowaterworks. com Medina, OH 44256
WATER FILTRATION PLANT Phone: 330-725-668 l
1900 BEACH STREET
Fax: 330-723-6065
MUSKEGON, Ml 49443
CONTRACT NO. 0005935
ATTN: MR. ROBERT VENEKLASEN
CUSTOMER CW003958
Corrpro engineering and maintenance services for effective and economical
corrosion control in accordance with A WW A D l 04-97 Appendix "C".
Capacity/Structure Designation/Location System No. Plan Amount
TREATMENT UNIT BEACH STREET WEST CLARIFIER 52510 C $ 360.00
TREATMENT UNIT BEACH STREET EAST CLARIFIER 52509 C $ 360.00
1,000,000 ELEVATED TANK MARSHALL STREET TANK 52514 NIA $ 0,00
1,000,000 ELEVATED TANK ROBERTS STREET TANK 52513 NIA $ 0.00
500,000 ELEVATED TANK LAKETON STREET TANK 52511 NIA $ 0.00
1,000,000 ELEVATED TANK NIMMS STREET TANK 52512 C $ 360.00
All service plans i11c/11de 011e site visit per contract term to illc/ude 1 t!,ru 5. Additio11al plan services llS noted below
1. Tank-to-Water potential profile within tank to monitor and verify effectiveness of system on submerged surface of tank.
2. Electrical Measurements to test anode and reference cells.
3. Inspect, test, and clean rectifier, controls, meters, contacts,wiring and connections. Replace fuses as required.
4. Adjust system for optimum corrosion control on submerged metal surface of tank.
5. Submit report with all data obtained, evaluation of data, and recommendations for continued performance.
11
Plan A 11 Service: Includes one annual inspection as indicated including repair and/or replacement of anodes and rectifiers as required.
Plan "B" Service: Includes one annual inspection as indicated including repair and/or replacement of anodes as required.
Plan "C" Service: Includes only service listed in items I thru 5 above,
11
Plan AA 11 Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes as well as repair and/or
replacement of anodes and rectifiers as required
11
Plan BB 11 Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes as well as repair and/or
replacement as required
Plan "CC" Service: Includes two inspections annually as indicated including spring installation and fall removal of anodes.
Notes:
Price reflects multiple tank discount.
For contract period 4/01/03 through 3/31/04. Total lump sum or this agreement is $ 1,080.00
Payment is due at the start of the contract period. Additional repairs or replacements of system components would be subject to the subscriber's approval.
This agreement does not effect in any way the original warranty on the system(s) described above. Corrpro agrees to maintain General Liability lnsurance
and Workmen's Compensation Insurance during the annual service period. The subscriber agrees to imdemnify and hold harmless Corrpro for any
damages arising out of the performance of this contract which is not covered by the foregoing insurance. Client' and Corrpro agree that neither party shall
he responsible to the other party for incidental, consequential, indirect, punitive, or exemplary damages with respect to any claims, disputes, or other
matters in question arising out of or relating to this Agreement or its termination, and Client and Corrpro hereby waive such damage. Corrpro's total
liablility to Client shall not exceed the amount of compensation actually paid for the services, products, or materials giving rise to the claim. Client and
Corrpro waive all rights against each other and any of their subcontractors, agents, and employees for all loss or damage to property or its loss of use.
Please include Job Site Contact Person:
CORRPRO WATERWORKS
By: r!' ~ Signature:
Paul Malatin/Contract Maoager Printed name/Title: Warmington
Date: Date: May 13, 2003
Submitted ill duplicate. Subsc,iber to mail one signed copy to CORRPRO WATERWORKS at the above address.
~iil!ila41
1
T.A.S.C. VIII
Automatic Rectifier
Rectifier Operation/Description
The Corrpower T.A.S.C. VIII rectifier is specifically
designed to provide accurate, economical corrosion
control for the submerged surfaces of steel water
storage tanks and water / wastewater treatment units.
The T.A.S.C. VIII is designed by NACE accredited
cathodic protection engineers for optimum
performance in accordance with ANSI/AWWA
DI 04, Type A, IR Drop Free control standards. The
T.A.S.C. VIII automatically monitors and adjusts the
DC output required for optimum corrosion control.
The T.A.S.C. VIII control unit is equipped with an
automatic potential limit, which is adjusted to
maintain AWWA D 104-97 and NACE criteria for
optimum cathodic protection corrosion control while
preventing over or under protection of the coated
surface. Superior design, engineering and operation
provide owner/operators with long life, low
maintenance performance. The standard digital
display meters facilitate ease of monitoring, with
performance indicator lights on the front cabinet
available as an optional extra feature. Each T.A.S.C.
VIII is both factory and job site tested to insure
quality workmanship and performance.
Standard Features
• Totally Automatic Control
• Eliminates 11 IR" Drop Error
• Controls from O to I 00% of Rated Output
• Automatic Current Limiting
• Soft-Start Circuitry To Avoid High Power-On In-rush
Currents
• Silicon Rectifier Stacks
• Upgraded Lightning Protection (AC and DC)
• Plug In Automatic Control Circuit Board
• Manual Operation Mode
• NEMA 4 X Enclosure
• High Intensity LED Digital Meters
• Individual Circuit Shunts
• CSA (Canadian Standards Association) Approved
• Three T.A.S.C. Status Indicator LEDs On Instrument
Panel:
o Voltage Control
o Current Control
•
o Potential Control
Full Height Silk-Screened Instrument Panel
.((£~~~~
For Every Comer of Your World
Conpower Rectifier Division
l0848 - 214 Street
Edmonton, Alberta T5S 2A7, Canada
Phone: (780) 447-4565 Fax: (780) 447-4248
E-mail: rectifiers@corrpro.ca
http://www.conpro.com
•~;;1111,®
T.A.S.C. VIII
Automatic Rectifier
MOUNTING DIMENSIONS:
(CH/JEii TO CEHTtn:)
WIDTH - 12.00"
HEIGHT - 18.75"
19.50" HOLE ';IZE - 0 ..34" (11/32)
J
19.50" OVERALL CLEARANCE
DIMENSIONS:
WIDTH - 18.00"
HEIGHT - 19.50"
)
VB.50"
~ l,ao·
T.A.S.C. VIII Rectifier Ordering Guide
11ST GROUP I T . T.A.S.C. Automatic Style Rectifier
l,•• GROUP A . 115VAClnput
B . 208 VAC Input
C . 230 VAC Input
D . 460 VAC Input
b• 0
GROUP I # . DC Voltage Rating (20 or 30 Volt Tvpical; consult factory for other voltages)
1iT"GROUP l # . DC Current Rating (5, 8, or 16 Amp Tvpical; consult factory for other amperages)
lsr• GROUP I . Option Codes (see below)
7
ITASC I A I 30 I 08 I I
OPTIONAL FEATURES AVAILABLE FOR CORRPOWER T.A.S.C. VIII RECTIFIERS
C - Secondary Anode Circuit
J - Potential Meter Alarm
Forofher unlisted options, contact the factory.
,-,.-~ORRPRO
.l..l..coMPANIES INC
For Every Comer of Your World
Conpower Rectifier Division
10848 - 214 Street
Edmonton, Alberta TSS 2A7, Canada
Phone: (780) 447-4565 Fax: (780) 447-4248
E-mail: rectifiers@corrpro.ca
http://www.corrpro.com
WATERWORKS WIRE ANODE
·ANODE
~_·;:.
LIFE ,' · _,.
' . - ·: ·· - · -_'_· -,. ••_::_' .... -: ·
• Water Storage Tanks Due to the extremely low consumption rates and
dimensional stability of mixed metal oxide anodes, the
• Water Treatment Equipment
electrical resistance of the ELGARD Water-works
ELGARD Waterworks Wire Anode is a copper cored tita- Wire Anode remains essentially constant with time.
nium wire with a mixed metal oxide coating. The mixed
metal oxide is a crystalline, electrically-conductive coat- The high current density capability of mixed metal
ing that activates the titanium and enables it to function oxide anodes have the added advantage of allowing
as an anode. high current
overloads
The ELGARD wire anode delivers reliable, long-life for initial
Tr
current necessary to uniformly protect water storage polarization
tanks and assorted water treatment equipment from inter- without
nal corrosion. causing
harm to
~,=,,.,!-.,.,~,'/.-,, .. l' ,,..yq,,,,,,,,,.,,
the anode. L - -
TITANIUM
Anode life projections are accurately made using
an imperial equation
~----~ = derived from acceler-
ated life tests and
supported by exten-
ACTIVATION COATING
1--~i=-""·--~·
,ec:::=.3·""::_,=-·,.,
. .=3,·j=.--<L. sive field
~n,1,,,,,-ur'------'----..£.O,w,,;,,; performance
I... - -·
data.
,,,·.,,.,..ATQRE~' ;,,,,;,;.. ,,- ...., ·. ·:,,;' ·' 7, · , -' ,,, ., ·'. 'BENE15'JS •,·-· ·.,,:·...,., .. ·: .. ~ ,.... ·;·' ·.:.,:.,.
~·,·._£a;;'ftl. ~.' ,,•, ',3\ •·., - ·, '·':,. ••' , , - ,', \ ' t:"I: : ' ~' ', ' '' . ' ) ' ' ' . · .. ' ' ' ,_. ~;.
• High Current Output • Lower cost per ampere year
• Low Coating Wear Rate • Constant elec!rical resistance
• Highly Conductive Copper Core • Minimizes voltage drop
• ANSI/AWWA Standard D 104-91
TECHNICAL.SPECIFICATIONS . . ·, Q<}~11
Q
Rating for 20 year life (mA/ft) 100 B..GRRD Corporation
Diameter (inches) 0.062
A Subsidiary of ELTECH Systems Corp.
Maximum continuous length (feet) .1000 1110 Industrial Blvd.
Sugar Land, Texas 77478
Resistance (milliohms/ft) 7 1-800-442-5432 · (713) 240-8686 • Fax: (713) 240-8779
Weight (ounces/ft) 0.138 El.GARD is a trademark of ELG~RO Corporation.
®
•CORRPRO
WATERWORKS
CATHODIC PROTECTION
CORROSION CONTROL
Corrpro Waterworks Provides Complete Turnkey Cathodic Protection Services for
Water and Wastewater Treatment Equipment
Treatment Equipment
Water and Wastewater Equipment found in up-flow basins, clarifiers, thickeners, mixers and related
vessels will benefit greatly from cathodic protection. The corrosion process on the submerged steel
portions of a treatment basin is generally more complex, than that encountered in a steel water storage
tank. The use of various metals in the same electrolyte, irregular surface structures and the transference
of protective current from stationary to moving parts are only a few of the important considerations for
the design and installation of cathodic protection systems on these structures. Corrpro has over fifty
years of industry knowledge and experience to solve even the most complex corrosion issues. Properly
designed, installed and maintained cathodic protection corrosion control systems can literally save an
owner hundreds of thousands of dollars in maintenance, repair and recoating costs on the submerged steel
components of a treatment system over the design life of that structure. Our design staff is NACE
certified and our systems are designed in accordance with A WWA Standards utilizing state of the art
automatically controlled rectifiers. Corrpro also offers a complete line of superior quality cathodic
protection materials, which are ANSI/NSF 61classified for drinking water system components.
CORRPRO WATERWORKS
www.corrprowaterworks.com
800-443-3516
Cleveland Atlanta Phoenix New York
Commission Meeting Date: May 13, 2003
Date: April17,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJ6C
RE: Public Hearing - Request for the Establishment of an
Industrial Development District - Motion Dynamics
Corporation
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Motion Dynamics Corporation, 1818
E. Sherman Boulevard, Muskegon, Michigan, has requested the establishment of an
Industrial Development District for property located at 1818 E. Sherman Boulevard,
Muskegon, Michigan. The project will result in the creation of 2 new jobs and $240,000
in private investment.
FINANCIAL IMPACT:
Certain additional income and property taxes will be collected.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing the Industrial Development District for
Motion Dynamics Corporation.
COMMITTEE RECOMMENDATION:
None
4/17/2003
231 739 8788 04/22/08 08147am P, 001
MDT!DN
DYNAMIC.5
CDRPORATIDN _ _ _ _ _ _ _ _ _ _ _ _ __
PR1~Cl!3i0N SPt1/fVGS A/VJ WIPE FOPM8
April 22, 2003
Gail A. Kundinger, Clerk
City of :\i uskegon
933 Terrace Street
PO Box 536
Dear G&i.i:
I have been working with Lonna Anguilm, Joel Fitzpatrick, and Ken James on a Tu
Abatement for our company, Motion Dynamics Corp., 1818 E. Sherman Blvd., Muskegon,
Ml 49444. We d1oughr we had already estllblished an Industrial Development Disri-ict back
in 1992, but tbe lega! descriplloo was not correct. I 'wUuld like to em,blish ~n Industrial
J)cyeJopment District wi::h the following legal description:
CITY OF ML'SKEGON SW '/• OF SEC 34 TlON R16W COM ATS 'I, COR OF
SD SEC TH S 89 DEG 34 ML'\f 26 SEC W ALG S LN OF SD SEC 1316 FT TH !\ 0
DEG 41 MINE 236.22 FT TON LINE OF SHER...1\IAN FOR POB TH CONT ALG SD
BE1\RING 414.80 FT TH N 89 DEG 34 MIN 26 SEC E 150 FT TH SO DEG 41 MIN W
375 FT N/L TH SW'LY ALG -"l LN OF SHERMAN 155 FT M/L TO POB EXC THE
FOLLO'w1NG DESC PARCEL: BEG S 89 DEG 34 MIN 26 SEC \'V 1315.99 FT (.AS
MEASURED ALG S SEC LN) AND N 00 DEG 46 MIN 26 SEC 236.30 FT FROM S '/4
COR OF SD SEC 34, TH N 00 DEG 46 MIN 26 SEC E 29 FT 1\LG E RT OF \Y/AY LN
OF l-l>\RRIS RD, TH S 58 DEG 18 MIN 19 SEC E 38.08 VI; TH S 74 DEG 39 MIN 50
SEC W 34 FT ALG NLY RT OF WAY LN OF SHEfilvLI.N BLVD TO POB
EXCEPTION CONTAINS 473 SQ FT.
We are scheduled for the 5/13/03 meeting. If you need any additional information or Tneed
to do ,myth.ing else, please let me know. Thanks for your help.
Sincerely,
&1:t~-
Chris Witham
President
1818 EAST SHERMAN BLVD.• MUSKEGON, MICJ-!IGAN 49444
P!-IONE' (231) 753-7425 • FAX: (231) 139-8788
ResolutionNo. 2003-41 (a)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING REQUEST
FOR ESTABLISHMENT OF INDUSTRIAL DEVELOPMENT DISTRICT
Motion Dynamics Corporation
WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, the City
of Muskegon has the authority to establish an "Industrial Development District" within
the City of Muskegon; and
WHEREAS, Motion Dynamics Corporation, 1818 E. Sherman Boulevard, Muskegon,
Michigan, has requested the City of Muskegon to establish an Industrial Development
District on property located at 1818 E. Sherman Boulevard, Muskegon, hereinafter
described; and
WHEREAS, Motion Dynamics Corporation presently operations a production facility
within the Industrial Development District; and
WHEREAS, construction, acquisition, alterations, or installation of proposed machinery
and equipment has not commenced at the time of filing the request to establish this
district; and
WHEREAS, written notice has been given by mail to all owners of real property located
within the proposed district, and to the public by newspaper advertisement in the
Muskegon Chronicle and public posting of the hearing on the establishment of the
proposed district; and
WHEREAS, a public hearing on the establishment of an Industrial Development District
was held on May 13, 2003, at the regular City Commission meeting at the Muskegon
City Hall at which time all of the owners of real property within the proposed district, all
residents and taxpayers of the City of Muskegon, and the affected taxing jurisdictions
were afforded an opportunity to be heard thereon.
NOW THEREFORE BE IT RESOLVED THAT, the Muskegon City Commission deems
it to be in the best interest of the City of Muskegon that the following described land
situated in the City of Muskegon, Muskegon County, and the State of Michigan, to wit:
CITY OF MUSKEGON SW 1/4 OF SEC 34 T10N R16W COM ATS 1/4 COR OF SD
SEC TH S 89 DEG 34 MIN 26 SEC WALG S LN OF SD SEC 1316 FTTH NO DEG
41 MIN E 236.22 FT TO N LINE OF SHERMAN FOR POB TH CONT ALG SD
BEARING 414.80 FT TH N 89 DEG 34 MIN 26 SEC E 150 FT TH SO DEG 41 MIN W
375 FT N/L TH SWLY ALG N LN OF SHERMAN 155 FT M/L TO POB EXC THE
4/17/03 2
FOLLOWING DESC PARCEL: BEGS 89 DEG 34 MIN 26 SEC W 1315.99 FT (AS
MEASURED ALG S SEC LN) AND N 00 DEG 46 MIN 26 SEC E 236.30 FT FROM S
1/4 COR OF SD SEC 34, TH N 00 DEG 46 MIN 26 SEC E 29 FT ALGE RT OF WAY
LN OF HARRIS RD, TH S 58 DEG 18 MIN 19 SEC E 38.08 FT, TH S 74 DEG 39 MIN
50 SEC W 34 FT ALG NLY RT OF WAY LN OF SHERMAN BLVD TO POB
EXCEPTION CONTAINS 473 SQ FT.
Be and here established as an Industrial Development District pursuant to the
provisions of Act 198 of the Public Acts of 1974 to be known as Motion Dynamics
Corporation Development District No. - - -
BE IT FURTHER RESOLVED that the Industrial Development District will be rescinded
following the completion of capital acquisition and/or improvement activities.
Resolution declared adopted.
Ayes: 7
Nays: o
Absent: o
Attest: -l!!!~~~ ~ ~ ~ ~ ~::.,.._-
Gail Kundinger
Clerk, MMC
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan, at a regular meeting held on May 13, 2003. . /
~ ~~ t"·. ,
Gail Kundinger
Clerk, MMC
4/17/03 3
CITY OF MUSKEGON
CONTRACT FOR TAX ABATEMENT
Act 198 Public Acts of 1974
2003-41 (a)
AGREEMENT between CITY OF MUSKEGON, a municipal corporation of933
Terrace Street, Muskegon, Michigan 49441, ("City") and Motion Dynamics Corporation
("Company").
Recitals:
A. The Company has applied to City for the establishment of an industrial
development district or industrial rehabilitation district pursuant to the provisions of Act
198 of the Public Acts of 1974, as amended, which act requires a contract between the
City and the Company to be agreed and submitted with the Company's subsequent
anticipated application for an industrial facilities exemption certificate.
B. That in addition to the statutory requirement, the City has determined that it is in
the best interests of the taxpayers, property owners and residents of the City that this
Agreement be approved and executed prior to the establishment of the requested district,
and the City deems this Contract, together with the conditions set forth in the said Act to
constitute a necessary element in the City's determination whether or not to create the
district.
C. The Company intends to install the project set fo1ih in its application ("project")
which it believes qualifies for the process of establishing the district and the application
for industrial facilities exemption certificate.
D. The City, provided this Agreement is executed, will determine whether to create
the district based upon the potential for the production of permanent jobs, the
continuation, stabilization or increase of economic activity, planning and zoning
considerations and the City's general plan and intentions regarding economic
development. In addition to the City policy considerations and predictions that the
Company's proposed district and certificate benefit the community in those ways, the
City has further determined that the contractual commitments made by the Company to
thereby assist the community shall be binding on the Company and necessary to continue
the tax exemption made possible by the certificate.
E. This contract shall become effective upon the issuance of an Industrial
Facilities Tax Exemption Certificate.
NOW THEREFORE THE PARTIES AGREE:
Page 1
1. COMPANY AGREEMENT. The Company irrevocably commits to the
investment, job retention and job creation promises made in its application, a copy of
which is attached hereto and incorporated herein. In particular the Company agrees:
1.1 That 50 percent of the promised new jobs shall be in place with
full-time employees on or before \ 3 IQ.j , 20 0~ , and
JOO percent of the said jobs shall be in place with full time
employees on or before 4/Jlo , 20 •lJ Finally, 100% of the jobs shall be
filled and in existence with full-time employees by a date no later than two
(2) years from the date of the granting of the certificate by the State Tax
Commission, subject to the provisions of section 3.4 of this agreement.
1.2 That the amount of jobs listed on the application, whether new or retained,
will be maintained through the life of the abatement, subject to the
provisions of section 3.4 of this agreement.
1.3 The Company shall meet the affirmative action goal included in the
application or in any documents supplied by the City and utilized by the
Company, including any additional representations made to the City
Commission on or before the date two (2) years after the granting of the
certificate by the State Tax Commission. It shall maintain the said levels of
employment diversity during the period of the certificate, subject to the
provisions of section 3.4 of this agreement.
1.4 The Company, by the end of two (2) years from the date of the grant of the
certificate by the State Tax Commission shall have completed the investment
of $240,000 in the equipment and improvements as shown in the application,
subject to the provisions of section 3.4 of this agreement.
1.5 That the improvements and equipment to receive the tax abatement treatment
shall be completed on or before the date two (2) years from the date of
granting of the certificate by the State Tax Commission.
1.6 The Company shall pay its specific taxes required by the act in a timely
manner, and shall not delay payments so as to incur any penalties or interest.
1.7 The Company shall fully cooperate with the City representatives in
supplying all requested and required documentation regarding jobs,
investment, the meeting of all goals and the timely installation and utilization
of equipment and improvements. The City shall be entitled to inspect at
reasonable hours the Company's premises where the said improvements and
equipment have been installed and where the said jobs are performed.
1.8 The Company shall maintain, during the entire period for which the tax
abatement is granted, the level of jobs, affirmative action goals, production
Page 2
and utilization of the improvements and equipment at the site where the
district has been created and for which the tax exemption has been granted.
1. 9 The Company shall not cause or fail to cure the release of any hazardous
substance, or the violation of any environmental law on its premises in the
City. It shall report any releases to the appropriate governmental authority in
a timely and complete manner, and provide copies of said report
documentation to the City. It shall comply with all orders and actions of any
governmental agency having authority.
1.10 The Company shall maintain the equipment and improvements so as to
minimize physical or functional obsolescence.
1.11 The Company shall continue to operate its business location in the City,
containing the same number of and type of jobs, for the term of the
certificate.
2. AGREEMENT BY THE CITY. Provided this contract has been executed and
further provided all applications to create the district and achieve the industrial facility
exemption certificate have been properly filed, the City shall, in a timely manner,
determine in a public meeting to whether to create the district and whether to receive,
process, and approve thereafter the Company's application for an industrial facilities
exemption certificate. The City may consider this contract in a meeting separate from
and prior to the meeting in which the City considers the creation of the district and/or
approval of the application for certificate. Further, the City shall require the submission
of this contract signed by the Company together with its applications, before creating the
district.
3. EVENTS OF DEFAULT. The following actions or failures to comply shall be
considered events of default by the Company:
3.1 Failure to meet any of the commitments set forth above.
3.2 The closing of the Company's facilities in the City. Closing shall mean for
purpose of this Agreement, the removal, without transfer to another site within the
City of substantially all of the production facilities, and the elimination of
substantially all the jobs created or retained thereby, which are set forth in the
Company's application.
3.3 Failure to afford to the City the documentation and reporting required.
3 .4 The failure to create or retain jobs, meet affirmative action goals or expend
the funds on equipment and improvements as represented in the application
within the times required hereby, unless the company can show that there has
Page 3
been a loss of revenue and employment due to circumstances beyond the
control of the company. In order to make that showing the company shall
have the burden of supplying, to the City's satisfaction, complete and
convincing documentation supporting and justifying reductions in
investment, failures to attain affirmative action goals or job losses, such as,
without limitation, written evidence of lost contracts, accounting information
showing reduced revenues due to the loss of business, (not due to diversion of
production to affiliate companies or divisions of the company), production
records showing reduced quantities over significant periods of time, and such
other information required by the City to support the Company's claim that
the failure to invest, failure to achieve affirmative action goals, or loss of jobs
should not form the basis for a finding of default.
3.5 The bankruptcy or insolvency of the Company.
3 .6 The failure to pay any and all taxes and assessments levied on the
Company's property or any other taxes, local, state or federal, including but not
limited to City income taxes and the withholding of said City income taxes from
employees as required by the City Income Tax Ordinance.
3. 7 The performance or omission of any act which would lead to revocation
under MCLA 207.565, being §15 of the Act.
3.8 The violation of any provisions, promises, commitments, considerations or
covenants of this Agreement.
4. REMEDIES ON DEFAULT. In the event of any of the above defaults the City
shall have the following remedies which it may invoke without notice, except as may be
reasonably required by the Company's rights to due process:
4.1 In the event of closing as determined after investigation of the facts and a
public hearing, the Company shall be immediately liable for penalties to be paid
forthwith to the city as determined as follows:
4.1.1 The Company shall pay to the City for prorata distribution to the
taxing units experiencing the abatement, an amount equal to the difference
between the industrial facilities tax which it has paid, and the total
property taxes to the relevant taxing units which it would have paid, given
its installations of improvements and equipment, during the years for
which the ce1tificate was in effect.
4.1.2 Immediate Revocation. The Company hereby consents to
revocation to the !FT certificate before the State Tax Commission, without
hearing, and the City shall submit a copy of this Agreement to the State
Tax Commission in connection with its revocation procedure, giving
Page4
notice that the default has occuned and immediate revocation should
occur.
4.2 In the event the improvements and equipment have not been installed before
the two (2) year period, in addition to the revocation procedures before the State
Tax Commission, the abatement should immediately be reduced by the City
proportionately, and any installations which have not been finished at the end of
said two (2) year period shall not be eligible for the abatement thereafter and shall
be placed on the regular tax roll.
4.3 Failure to Expend the Funds Represented. In the event, (whether or not the
installations have been completed), the Company has not expended the funds it
has represented on its application that it would invest for the installation of
equipment, the abatement shall be reduced prorata, and any remaining value of
equipment shall be placed on the regular tax roll, unless the company can show,
through receipts, etc. that the cost of the equipment was actually less than the
amount estimated by the company (i.e., the same equipment was purchased
as listed in the IFT application, but the bids came in less then expected).
4.4 Job Creation and Retention. In the event the promised number of jobs have
not been created or retained at the end of the two (2) years after the grant of the
certificate by the State Tax Commission, the abatement shall be proportionately
reduced, unless the company can show that the loss of jobs, or inability to hire
as many people as expected, is due to circumstances beyond the control of the
company (such as an economic downturn).
4.5 Affirmative Action Goals. In the event, after one (I) year from the grant of
the certificate by the State Tax Commission, the affirmative action goals of the
City for additional jobs have not been met on a prorata basis, the abatement shall
be revoked.
4.6 For other violations of this Agreement or for actions or omissions by the
Company amounting to grounds for revocation by statue, the City shall
recommend to the State Tax Commission immediate revocation of the certificate.
4.7 Special Assessment. For any amount due to be paid to the City, under this
Section 4, the Company consents that the City shall have a personal action against
the Company for the said amount, and in addition, cumulatively, and not by
election, the City shall have a special assessment lien on all the propeiiy of the
Company personal and real, located in the City, for the collection of the amounts
due as and in the manner of property taxes and in such case the collection of the
said special assessment shall be accomplished by addition by the City to the
Company's property tax statement regularly rendered.
Page 5
5. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan.
6. Counterparts. This Agreement may be executed in one or more counterparts.
Notwithstanding such execution all such counterparts shall constitute one and the same
Agreement.
7. Benefit. This Agreement shall be binding upon and inure to the benefit of the
respective parties, their successors and personal representatives.
8. Effective Date. This Agreement shall be effective on the date the State of
Michigan Tax Commission grants the company at Industrial Facilities Exemption
Certificate.
By Cbl~ CU ll..\.s W I 'T\.lAr-'°'.
Its ~ 1 DE.t.J'l"'
and
- -- - - - - -- - - -
Its
- -- - -- - - --
Page 6
Commission Meeting Date: May 13, 2003
Date: April17,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C~(/
RE: Public Hearing - Request for an Industrial Facilities
Exemption Certificate - Motion Dynamics Corporation
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Motion Dynamics Corporation, 1818
Sherman Boulevard, Muskegon, Michigan, has requested the issuance of an Industrial
Facilities Exemption Certificate. The total capital investment for this project is $240,000
in personal property and will create 2 new employment opportunities. This request
qualifies Motion Dynamics Corporation for a 6-year exemption on personal property.
Motion Dynamics Corporation's current workforce is 18.
FINANCIAL IMPACT:
The City will capture certain additional property taxes and income taxes generated by
the expansion (see attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate for a term of six (6) years for personal property.
COMMITTEE RECOMMENDATION:
None
4/17/2003
Resolution No. 2003-41 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
MOTION DYNAMICS CORPORATION
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
May 13, 2003, this Commission by resolution established an Industrial Development District
as requested by Motion Dynamics Corporation, 1818 Sherman Boulevard, Muskegon,
Michigan 49441 ; and
WHEREAS, Motion Dynamics Corporation has filed an application for the issuance of an Industrial
Facilities Tax Exemption Certificate with respect to new machinery and equipment to be installed
within said Industrial Development District; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
May 13, 2003, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment had not begun earlier than six (6) months before
April 15, 2003, the date of the acceptance of the application for the issuance of an Industrial
Facilities Tax Exemption Certificate; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable
likelihood to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Motion Dynamics Corporation, for the issuance of an Industrial Facilities
Tax Exemption Certificate with respect to installation of new machinery and equipment on
the following described parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON SW 1/4 OF SEC 34 T10N R16W COM ATS 1/4 COR OF SD SEC TH S 89 DEG
34 MIN 26 SEC W ALG S LN OF SD SEC 1316 FT TH NO DEG 41 MINE 236.22 FT TON LINE OF
SHERMAN FOR POB TH CONT ALG SD BEARING 414.80 FT TH N 89 DEG 34 MIN 26 SEC E 150 FT
TH SO DEG 41 MIN W 375 FT NIL TH SWLY ALG N LN OF SHERMAN 155 FT M/L TO POB EXC THE
FOLLOWING DESC PARCEL: BEGS 89 DEG 34 MIN 26 SEC W 1315.99 FT (AS MEASURED ALG S
SEC LN) AND N 00 DEG 46 MIN 26 SEC E 236.30 FT FROM S 1/4 COR OF SD SEC 34, TH N 00 DEG
46 MIN 26 SEC E 29 FT ALGE RT OF WAY LN OF HARRIS RD, TH S 58 DEG 18 MIN 19 SEC E 38.08
4/17/03 2
FT, TH S 74 DEG 39 MIN 50 SEC W 34 FT ALG NLY RT OF WAY LN OF SHERMAN BLVD TO POB
EXCEPTION CONTAINS 473 SQ FT.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of six (6) years on personal property.
Adopted this 13th Day of May 2003
Ayes: 7
Nays: 0
Absent: 0
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at regular meeti~g)1eld on May 13, 2003.
~o~ ~ .
Gail A Kundinger, MCC, Cler
4/17/03 3
Michigan Department of Treasury, STC
1012 (Rev. 9·98)
L-4380
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 198 of 1974, as amended. Section references on this form are to specific sections of the act that
,xplain or require the data. Filing of this form is voluntary. The application should be filed after the district is established and no
,ter than (within) six months after the commencement of the project. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and
the required attachments (five complete sets) with the clerk of the local government unit. (The State Tax Commission
requires four complete sets (one original and three copies)), One copy is retained by the clerk.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION
Signature Application No.
Date Received Date Received IWritten Agreement?
DvEs ONo
Applicant do not wdte above this line Begin entries at 1below.
1a. Applicant (Company) Name {Applicant mus! be the occupant/operator of the facility) b. Standard Industrial Classification Code (Sec. 2(10))
01.,,-,o>-,J ~"l,.j"'""''"-.s Ge.I'. Four Digit Code ow 3 I 4 I q I t::;
c. Company Mailing Address (No. and Street, P.O. Box, City, State, ZIP) First time applicants attach copy of Worker's
1'6li E. s "c.lZ.""- ll,,-l ~L\JD. Compensalion policy dlsplayfng workers codes
d. Location ol Facility (No. and Street, Cily, State, ZIP) (Attach Legal Description) e. Cily/Twp.NH!age I. County
l'i3I'8 £,, ,S1,.1e.J2,.,,... 0..,-.J ~L\J C:,. f'<\us Ki::ex,,-i 0lusKEGe,"1
2. Type of Approval Requested 3. School District Where Facility is Located a. School Code
~ NEW (SEC. 2(4)) • SPECULATIVE BUILDING (SEC. 3(8)) D12.C..>!AA.c,,, Vie,.,.:, G,11cio
• • TRANSFER (of existing certificate) (1 copy only) 4. How Many Years of Exemption Requested? (See note in box 19 regarding
/o'IEJ>QS
REHABILITATION (SEC. 3(1)) • RESEARCH and DEVELOPMENT (SEC. 2(9))
5. Explain Applicant's Principal Type of Business (Detailed description of operations)
inclusion of the words "after completion.")
t'Y")o-r)bf-l ,.:,Y...i~\c:.6, C-e...t.9°. IS p.._ 9 ~ \ . l \ ~ '0~ Lu I 1Z.E. =...,,..._s
µ.,t.:,\.,-1, p~\f.)c,,µ 'S f'0..1 'NG.t=' A)J-:=>
"i-c>"-- "'V)l{i. EL....E,.c..~1C-S 1 (h'eOl c....b.L..., C:i.L.>'T"D ....... b"T'l\JE._) ~~ ~ ' S 9 ' ~ 1k)ous.,-'2.1E..S . .,; 'va..oo,l,)t.,E:, T\.>ESe
'?=s, t,>E. L>5.E f>,. t-JL,,.....e;.e;,e_ ~ t)\,~~ \>11.o <.E'.S S"'-5 \ t.J. C,.LI.)t:::,\i,.l~ 1.\1410 ~ !)1\--JGa I C..O\l.l~ I
~\;;c.,, Tl?.E~,='Ei-lT
' =• ,-.IDH"'G,,
)
o._..i 9 UL."T~Scw,c.. C-_U=.<>.,-1 ,µlq .
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 of 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 Facilily
-SE-E. Cl,_'TiC>c_\.\~ ,- \ '
I)
8. a. Cost of land improvements (Itemize) Excluding cost of land $ a.
b. Cost of building improvements. (List major types & cost on attachment.)
Building permit required (See instructions on page 4, item 4) ········ b. 0
c. Cost of machinery and equipment. (Itemize: month, day & year and total
I
on attachment; see instructions on page 4, item 2) ········--·-····•---··--·····--·--· C. i\ ctLiD, ooo
d. Cost of furniture and fixtures. (Itemize: month, day & year on
attachment; see instructions on page 4, item 2) ·---·············-···-·-······················· .. ········· d.
0
TOTAL PROJECT COST.............. $ 1t ~LJO,ooo
······················-· ··············--·-·· ........
f"'.nnfin110 nn Dnr10 'J
012 (page 2)
9. list Time Schedule for Start and Finish of Construction Stages and Equipment Installation. Project dates must be projected and completed
within a two year period. (See Instructions, page 4, items 2 and 4.)
NOTICE AFTER DEC. 31, 1983: Section 9 (2) (c) specifies that restoration, replacement or construction commence not earlier than '
6 months before this application is filed. Estimate dates when applicable.
Begin (M/D/Y) End (MID/Y)
THIS SECTION MUST BE COMPLETED
WITH ACTUAL DATES. (REFERENCE TO Real Property Improvements:
SEE ATTACHMENTS NOT ACCEPTABLE).
Personal Property Improvements:
10a Are the Buildings Owned or Leased by the Operator of the Facility?
~ OWNED D LEASED (Attach copyof lease.)
b. Is Applicant Liable for Payment of Ad Valorem Taxes on This Property?
tzl. YES • NO
c. Are Machinery and Equipment, Furniture and Fixtures Owned or
Leased by the Op~rator of this Facility? ~ OWNED D LEASED {Mach a copvof the lease.)
11. Will the Property for Which This Application is Filed be Included in an:
a. State Enterprise Zone or State Renaissance Zone
• YES IZI NO
b. 307 Site Contaminated Property File Number
Clerk's Certification ·
• YES ~ NO
12. If State Education Taxes are abated, attach Michigan Jobs Commission Letter of Commitment. CJ
a. Enter total number of employees at site prior to start of project. .................................... ···-·-·······- \~
b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? .......... a
c. Number of new jobs at this site expected to be created within 2 years of project completion? .............................. a
13. Has the project caused or will it cause, a relocation of employmentfrom one or mdre
Michigan governmental units to the unit in which the project is or will be located?
a. • YES IL3l I
NO b. Number of Jobs fnvo~ed in Facility Relocation I c. Previous Location of Facility (Cily, Township, Village)
d. Attach a certified copy of the resolution passed by the governmental unit from which employment is
to be transferred consenting to the transfer of employment. Date resolution was adopted •....................
14. Rehabilitation applications: Complete a, b and c. Attach assessor's statement of valuation for the entire plant rehabilitation district
a. SEV of Rear Property (Exclude Land) b. SEV of Personal Property (Exclude Inventory) c. Total SEV as of Dec. 31, 19_ _
I
1Sa The Facility is Located in the following Type of
I
District Established by lhe Local Governing Unit:
b. Name of Governing Unit that Established District C. Date District was Established
• INDUSTRIAL DEVELOPMENT DISTRICT
Attach certified copy of resolution
• PLANT REHABILITATION DISTRICT and drawing of district.
NOTICE AFTER DEC. 31, 19B3: Section 9(2)(b) provides that a written request (Date stamped by local unit) to establish the district MUST be tiled prior to
the commencement of any improvements or construction. Please furnish a copy of the written request.
16a. Is This Application for a Speculative Building (Sec. 3(8))? IZJ.
NO- Goto 17 below 0 YES - Complete b, c and d
b. Name of Governmental Unit Which Passed Resolution to Establish a Speculative Building. c. Date of Resolution (Attach copy)
d. Date of Construction Commenced (See page 4, item 4)
e. Attach a Certified statement from the building owner and assessor that the building
has not been occupied since completion of construction. (See page 4, item 13.) D Owner D Assessor
17. Complete this section if application is for a replacement facility which will not be located on the same site or contiguous to the obsolete facility.
The obsolete facility wrn be disposed of as follows:
1012 (Page3)
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no
,formation contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
,.;roperty for which this application is being submitted.
It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the State Tax Commission.
,a. Name of Person to Contact for Further lnfonnation Title I Phone
C\.l12..,s W,\••-- ?1.tt,;.1 OEhlT :l,31 73~.74.,_5
Mailing Address
\ "'6 I43 E, s~G.l2,l'v'A,~ "6L"J0, •
Type Name of Company Otticer Signatuce~ \ A) \)
C'u2.,-::. L0 ,...,.~
Date
Ti!~
l<E.":> \ o..,,,..,, 1.\ II,s / t:2:,
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting application to the
State Tax Commission
19. Action Taken DOCUM!;NTS R!;QUIRED
• 1. Application plus attachments. (See inst. pg. 4, 111-7)
• ABATEMENTAPPROVEDFOR Years •
•
2. Notice to the public prior to hearing to establish district.
3. Resolution establishing district.
Ending December 30, • 4. Notice to taxing authorities prior to hearing to approve
application.
(not to exceed 12 years after project completion)
There are circumstances in which the words "after completion" could • 5. List of taxing authorities notified.
extend the length of the exemption by 2 to 3 years. Please call the • 6. Resolution approving application.
Property Tax Division at (517) 373-2408 if a further explanation is • 7. (a) Letter of Agreement (Signed by local unit and
applicant) per PA. 334 of 1993.
needed.
(b) Affidavit of Fees (Bulletin 3, 1/16/98).
D 8. 3222 (fonmerlyT-1044A) (if applicable).
• DISAPPROVED
D 9. Speculative building resolution & affidavits.
20. Name of Local Government Body Date of Action on This Application
.
Attached hereto is a copy of the application and all documents required.
Signature of Clerk Date Phone
.
Clerk's Mailing Address City ZIP Code
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
Annlications received after October 31 will be acted unon in the followina vear.
Mail completed application and all attachments to:
State Tax Commission *Information contained in this application
Michigan Department of Treasury and supporting documentation may be
P.O. Box 30471 subject to review by the public i f a
Lansing, Michigan 48909-7971 Freedom of Information Request is filed.
II you have any questions, please call (517) 373-2408 or 373-3302.
Attachment 1
We are interested in adding additional coiling, winding, heat
treatment, and gauging capabilities to improve our competitive position
in the electronics and medical industries. To do this, we would like to
purchase new equipment that is leading edge technology. The first items
are two coiling machines that will coil wire less than .001" in diameter.
As a reference, the diameter of a human hair is .003". The third piece of
equipment is a winding machine. This is a new process for Motion
Dynamics, but one that is necessary for many products currently used
in the medical field. This equipment will allow us to coil more than one
wire together, forming a part that looks like a long spring, but allows
doctors to attach multiple electronic measurement devices for collecting
data through one opening. These are known as multi-filars.
Along with these core-processing capabilities, we would like to
add a new heat treatment oven that allows us to use an inert gas
environment versus air. Inert gases are gases such as Nitrogen and
Argon. These create an atmosphere that does not allow any oxidation or
contamination to form on the part during the heat treatment process.
This is required on fine wire springs. We also need a Shot Peener that
will remove burrs, or metal fragments, from the ends of springs. The
last item we are considering is a vision system used in the measurement
of micro sized springs. This will give us the ability to measure down to
.0001".
Chris Witham
President
Motion Dynamics Corp.
(231) 733-7425
Attachment 2
Equipment List, Expected Date of Installation, and Cost
1. SH-3 Micro Coiler 7/1/03 $72,000
2. SH-1 Micro Coiler 8/1/03 $87,000
3. Accuwinder Winder 7/15/03 $53,000
4. Blue M Inert Gas Oven 8/15/03 $10,000
5. Micro Vision Measurement
System 9/15/03 $12,000
6. Shot Peen System 10/1/03 $ 6,000
Total Project Cost $240,000
Chris Witham
President
Motion Dynamics Corp.
(231) 733-7425
City of Muskegon
Industrial Facilities Exemption Application
Summary Sheet
\\'t'iil-l\1Jl'l1lt:Hlfl'il l'iho.rcll11e (l(,y
Project Summary:
MOTION DYNAMICS CORPORATION, an existing manufacturing company located at 1818 E.
Sherman Boulevard, Muskegon, Michigan, is installing new machinery and equipment to expand its
present operation. The company is a a provider of high precision springs and wire forms for the
electronics, medical, automotive, and aerospace industries_ Due to the fact that the company is investing
$240,000, in personal property and is creating 2 new employment opportunities, it is eligible for a six (6)
year exemption for personal property_
Employment Information:
Racial Characteristics:
White 18 (100%)
Minority 0 (-0-%)
Total 18
Gender Characteristics:
Male 11 (61%)
Female 7 (39%)
Total 18
Total No_of Anticipated New Jobs: 2
Investment Information:
Real Property: $-0-
Personal Property $240,000
Total: $240,000
Property Tax Information (Annual) All Jurisdictions City Only
Total New Taxes Generated $6,720 $1,200
Value of Abatement $3,360 $ 600
Total New Taxes Collected $3,360 $ 600
Income Tax Information: (Annual)
Total Additional Income Tax Generated: $335 (approximately)
Company Requirements:
Adopted Affirmative Action Policy ~ Yes • No
Meeting w/ City Affirmative Action Director iY Yes • No
Signed Tax Abatement Contract ~ Yes D No
Taxes Paid In Full at' Yes ~ No
Zoning Conflicts riNo
'---- ~'-----il-:-- - , , --'-"'----'::::__::::1:;:::=-:.....::;.._
Lonna Anguilm
Assistant Planner Aff:::v:::
Ke~
Commission Meeting Date: May 13, 2003
Date: April 28, 2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development U!;{.r
RE: Public Hearing - Request to Establish an Obsolete Property
District - Resurrection Properties, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Resurrection
Properties, LLC, 2140 McCracken. Muskegon, Grand Rapids, Michigan, has requested
the establishment of an Obsolete Property District. The district would be located at
1871 Peck Street (former Price Cleaners), Muskegon, Ml. Total capital investment for
this project is $25,000. The project will result in the creation of 8 new jobs in the City.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution establishing an Obsolete Property District for 1871
Peck Street, Muskegon, Ml.
COMMITTEE RECOMMENDATION:
None
4/28/03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2003-41 (c)
A resolution establishing an Obsolete Property Rehabilitation District.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City of Muskegon has been designated as a qualified local government unit for the
purpose of establishing Obsolete Property Rehabilitation Districts and approving
Applications for Obsolete Prope1ty Rehabilitation Exemption Ce1tificates.
B. The area located in the land described in this resolution is known to the City Commission
and is clearly characterized by the presence of obsolete commercial property, and the
land and improvements are obsolete commercial prope1ty.
C. Notice has been given by certified mail to the owners of all real prope1ty within the
proposed Obsolete Property Rehabilitation District and a hearing has been held offering
an opportunity to all owners and any other resident or taxpayer of the City to appear and
be heard. Said notice was given at least ten (I 0) days before the hearing.
NOW, THEREFORE, THE CITY COMMISSION RESOL YES:
1. That the property described in this resolution and proposed as an Obsolete Property
Rehabilitation District is characterized by obsolete commercial prope1ty.
2. That the obsolete commercial property, the subject of this resolution, is described on the
Attachment A to this resolution.
3. That the City Commission hereby establishes an Obsolete Prope1ty Rehabilitation District
on the lands and parcels set forth in the attached description.
This resolution passed.
Ayes Shepherd, Spataro, Warmington, Buie, Gawron, Larson. Schweifler
Nays NG>ne
CITY OF MUSK_E) ON .
By ~Q. K-,.J.w..~
Gail A. Kundinger, MMC
Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on
May 13 , , 2003 . 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 k, D. ~j.;.i
Gail A. Kundinger, MMC
Clerk
ATTACHMENT A
CITY OF MUSKEON DENNIS SMITH & COS SOUTH SIDE ADDITION LOT I EX COM @ SE COR TH N
ONE LINE 0.12 FT TH WLY 70.93 FT TH S 0.10 FT TO S LINE SAID LOT THE TO BEG BLK 2 ALSO INCL
THAT PART OF LOT2 COM ATNWCOR SD LOT FOR POB TH S .IO FT THE 54.57 FT THN .10 FT TH W
TOPOB
t-1 I J)
'JOO'?"
Commission Meeting Date: May 13, 2002
Date: April28,2003
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development cJbC.r
RE: Public Hearing - Request to Issue an Obsolete Property
Certificate - Resurrection Properties, LLC
SUMMARY OF REQUEST:
Pursuant to Public Act 146 of the Michigan Public Acts of 2000, Resurrection
Properties, LLC, 2140 McCracken, Muskegon, Michigan, has requested the issuance
of an Obsolete Property Certificate for the property located at 1871 Peck Street (former
Price Cleaners), Muskegon, Ml. The building is presently unoccupied, but will be
rehabilitated for office use. Total capital investment for this project is $25,000. The
project will result in bringing 8 jobs to the City of Muskegon. Because of these 8 new
jobs, the applicant has requested an 8 (eight) year certificate.
FINANCIAL IMPACT:
If an Obsolete Property Certificate is issued, the property taxes would be frozen for the
duration of the certificate.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution issuing an Obsolete Property Certificate for 1871
Peck Street, Muskegon, Ml for a term of 8 years.
COMMITTEE RECOMMENDATION:
None
4/28/03
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. 2003-41 ( d)
A resolution approving the application for an Obsolete Property Rehabilitation Exemption
Certificate by Resurrection Properties, L.L.C.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
A. The City Commission has received an Application for an Obsolete Property
Rehabilitation Exemption Cetiificatc from Resurrection Properties, L.L.C., to apply to
the improvements located in an Obsolete Prope1iy Rehabilitation District established by
previous resolution.
B. The City of Muskegon is a qualified local governmental unit as detennined by STC
Bulletin No. 9 of 2000, dated July 12, 2000.
C. An Obsolete Property Rehabilitation District in which the application property is located
was established after hearing on May 13, 2003, being the same date that the district was
established.
D. The taxable value of the property proposed to be exempt, plus the aggregate taxable value
of properties already exempted under PA 146 of2000 and under PA 198 of 1974, does
not exceed five percent (5%) of the total taxable value of the City of Muskegon.
E. In the event it is detennined that the said taxable values do exceed five percent (5%), the
City Commission dete1mines fu1iher that the said excedence will not have the effect of
substantially impeding the operation of the City of Muskegon or impairing the financial
soundness of any affected taxing units.
F. This resolution of approval is considered by the City Commission on May 13, 2003, after
a public hearing as provided in Section 4(2) of PA 146 of 2000. The hearing was held on
this date.
G. The applicant, ResmTection Properties, L.L.C., is not delinquent any taxes related to the
facility.
H. The exemption to be granted by this resolution is for eight (8) years.
I. The City Commission finds that the property for which the Obsolete Property
Rehabilitation Exemption Certificate is sought is obsolete propetiy within the meaning of
Section 2(h) of Public Act 146 of2000 in that the property, which is commercial, is
functionally obsolete. The City has received from the applicant all the items required by
Section 9 of the application fonn, being the general description of the obsolete facility, a
general description of the proposed use, a description of the general nature and extent of
the rehabilitation to be undertaken, a descriptive list of fixed building equipment that will
' I
be pait of the rehabilitated facility, a time schedule for undertaking and complete the
rehabilitation, and statement of the economic advantages expected from the exemption.
J. Commencement of the rehabilitation has not occutTed before the establishment of the
district.
K. The application relates to a rehabilitation program that when completed will constitute a
rehabilitated within the meaning of PA 146 of 2000 and will be situated within the
Obsolete Property Rehabilitation District established by the City under PA 146 of 2000.
L. Completion of the rehabilitated facility is calculated to and will, at the time of the
issuance of the Ce11ificate, have the reasonable likelihood to increase commercial activity
and create employment; it will revitalize an urban area. The rehabilitation will include
improvements aggregating more than ten percent (10%) of the true cash value of the
prope11y at the commencement of the rehabilitation.
M. The City Commission detennines that the applicant shall have twelve (12) months to
complete the rehabilitation. It shall be completed by May 13, 2004, or one year after the
Ce11ificate is issued, whichever occurs later.
N. That notice pursuant to statute has been timely given to the applicant, the assessor for the
City of Muskegon, representatives of the affected taxing units and the general public.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
I. Based upon the statements set forth in, and incorporating the recitals to this resolution,
the City Commission hereby approves the application filed by ResmTection Properties,
L.L.C., for an Obsolete Property Rehabilitation Exemption Ce11ificate, to be effective for
a period of eight (8) years;
2. BE IT FURTHER RESOLVED, that this resolution of approval relates to the property set
fo11h in Attachment A, the legal description containing the facilities to be improved;
3. BE IT FURTHER RESOLVED, that, as further condition of this approval, the applicant
shall comply with the representations and conditions set forth in the recitals above and in
the application material submitted to the City.
This resolution passed.
Ay~: Spataro; Warmington, Buie. Gawron, Larson, Schwei fler, Shepherd
Nays: None
By bau.L.
Gail A. Kundginger, City Clerk
2
CERTIFICATE
This resolution was adopted at a meeting of the City Commission held on May 13, 2003. 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.
3
Michigan Department of Treasury, STC
3674 (8-00)
APPLICATION FOR OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE
This form is issued as provided by P.A. 146 of 2000. Filing of this form is voluntary. This application should be filed after the district is
established. This project will not receive tax benefits until approved by the State Tax Commission.
INSTRUCTIONS: File the original and one copy of this form and the required attachments with the clerk of the local government unit. {The State Tax
Commission requires one copy of the Application and the Resolution. The original is retained by the clerk.) Please see
State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption.
TO BE COMPLETED BY CLERK OF LOCAL GOVERNMENT THIS SECTION FOR USE BY THE STATE TAX COMMISSION
UNIT. Clerk must also complete sections14, 15 and 17 on page 2.
Signature Application No.
Date This Apphca11on Was ReceJVed Date Received
TO BE COMPLETED BY APPLICANT fAnn/icant, do not write above this line. Benin entries at 1a below.
la. Applicant (Co~~~N~\J·•\gp1icant mu~ b~ww~R of the {a~iUty) Important Note:
f't\~-¥- ~~~~S-~~0 c.e. '_(:n-\\~4 If this application form (3674) is not fully completed, it will be
b. Company Mailing Address {No. and Street, P.0. Box, City, State, ZIP) returned by the Property Tax Division prior to any processing
0140 rne:.~"'~,.c.,
.~.;,,_'.\...':J l,'•{\'V~'f'.,Ct,c.:,,_..,:_i \;{<5:... ,n,\,I 1 being done by the State Tax Commission
c. location of Obsolete Facility (No. and Street, City, State, ZIP) d. C1ty/Twp.Ni!lage e. County
16'1I Yr.,Q,'('.... -:',,, /\/\>vt:>¥-E<:.,c.,,v ~~ li'l-.• I ['f\ ...r:,v~E,o"' f-(\uc,¥'.-<<',.C;.>
2. Date of Commencement of Rehabilitation 13. Planned Date of Completion of Rehabilitation 4. School District Where Facility is Located a. School Code
6-1-0 .. 0·3 ·•-\'5 -o·? lY\ '7,'.>~-(,<'.>,._,
5. Eslated Cost of Rehabi!ilat1on
6. How Many 'A:rs of Exemption Requested?
cJ,,5 .oco ~\?_.1'\-'¢-5
7. ProJect will have the reasonable likelihood to: (Check one or more)
8. legal Description of Obsolete Property
t
~ increase commercial acliwty
0- create employment
~l.;>\.J(::) '"5,ti\ ti"""\- ~.. Qi:_~ -:5,:.,~::>\ bf'_
~J\ c_.._,t(\ Wl "'3 C. Qt;\:,.7-. ....'\t>\ ',-.) ,~,w ""'~
~
t.'.>c
L,'r-~. ('1,\~
~ retam employment ~7;'\-\- W\.-": 70,')'3 f'\ ~·-r~ "5 0.-\[)1?\~,
~ prevent a Joss of employment
~ revitalize urban areas
-::, L;,~t.. :::i ft\~ l-<i°'-r '"{'\, ·~ .
-~(,. -~ -"'- ',).. !\IS~•
D increase the number of residents m the community -\,~<U~ \vt-f'rY ...""r~T"_ 01!~ l-C,-r 3, CY;,ff) }..)'-..0 -~°\
1n which the facility is situated l.:S \"'""- ~'i'> u.-:.r f'c1~ "\\:'.,e "''i""\,\ "5 o. 10 \-· \ \\\ f:
7a. Indicate the number of jobs to be retained or created as a result of rehabilitating the
,, "" '5 ·1 p, .--11- ).) 0' \C, "::::-or~
,.J
,-
L>J~•
.
facility, including expected construcllon employment: B ~,7> (ic 1) I o't '1 5
9. The following must be provided to the local governmental unit as attachments to this application:
(a) General description of the obsolete facility, (b) General description of the proposed use of the rehabilitated facility, {c) Description of the general
nature and extent of the rehabilitation to be undertaken, {d) A descriptive list of the fixed building equipment that will be a part of the rehabilitated
fAei!J&eH\'ptfblj~e schedule for undertaking and completing the rehabilitation of the facility, (f) A statement of the economic advantages expected from
10. The State Treasurer may exclude from the specific tax up to 1/2 of the mills levied for local school operating purposes and for the State Education
Tax. Please check the following box if you wish to be considered for this exclusion: 'g}
11. APPLICANTS CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is
being submitted. Further, the undersigned is aware that, if any statement or information which it provides is untrue, the exemption provided by PA
146 of 2000 may be in jeopardy.
The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, as
defined by P.A. 146 of 2000 and that the rehabilitation of the facility would not be undertaken without the applicant's receipt of the
exemption certificate.
It is further certified that the undersigned is familiar with the provisions of PA 146 of 2000, of the Michigan Compiled Laws; and to the best of his/her
knowledge and belief, {s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the
application by the local unit of government and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
Commission.
12. Name of Person to Contact for Further Information
" ( \ ~ f\~~'\?"-Sl".',P
I Title I Telephone Number
Mailing Address
t',u;;,~ 1~31 I 1-5'i-~17f
N\QQ .,,._ 1¥>, I<::.'-S J
:8- lt\-t.>
13. Type Name of Company Officer
N\-1¥?~ ,.,, ......... ~__,. .. - I Title
~)..)e:e_.
ITelephone Number
1.:;i.3 i1 , 5'1- 3 (7€3
.
S1gnatur~ ( c_ )( I
. ·- ' '~ Date
4,- l "S --0-=<.,
*Information contained in this application and supporting documentation may
be subject to review by the public if a Freedom of Information Request is
filed.
3674 (page 2)
LOCAL GOVERNMENT ACTION
This section is to be completed by the clerk of the local governing unit before submitting the application to the
State Tax Commission. Include a copy of the resolution which approves the application.
14. Action Taken
0 Date of Action: • EXEMPTION APPROVED FOR Years
• DISAPPROVED
Ending December 31, {not to exceed 12 years)
15. RESOLUTION MUST CONTAIN THE FOLLOWING. A copy of the resolution must be furnished to the State Tax Commission.
• A statement that the local unit is a Qualified Local Governmental Unit.
• A statement that all of the items descnbed on line 9 of the Application for
• A statement that the Obsolete Property Rehabilitation D1stnct was legally
established including the date established and the date of hearing as
Obsolete Property Rehabilitation Exemption Certificate have been provided to
the Qualified Local Governmental Unit by the applicant.
•
provided by section 3 of P.A. 146 of 2000.
A statement indicating whether the taxable value of the property proposed
• A statement that the commencement of the rehabilitation of lhe facility did not
occur before the establishment of the Obsolete Property Rehabilitation
to be exempt plus the aggregate taxable value of property already exempt District.
under P.A. 146 of 2000 and under P.A. 198 of 1974 (IFT's) exceeds 5% of
the total taxable value of the unit.
• A statement that the application relates to a rehabilitation program that when
completed constitutes a rehabilitated facility within !he meaning of P.A. 146 of
• If it exceeds 5% (see above), a statement that exceeding 5% will not have
the effect of substantially impeding the operating of the Qualified Local
2000 and that is situated within an Obsolete Property Rehabilitation District
established in a Qualified Loca! Governmental Unit eligible under P.A. 146 of
Governmental Unit or of impairing the financial soundness of an affected 2000 to establish such a dlslricl.
•
taxing unit.
A statement that the application was approved at a publ!c hearing as
• A statement that completion of the rehabilitated facility is calculated to, and
will at the lime of issuance of the certificate, have the reasonable likelihood
provided by section 4(2) of P.A. 146 of 2000 including the date of the to, increase commercial activity, create employment, retain employment,
hearing. prevent a loss of employment, revitalize urban areas, or increase the number
• A statement that the applicant is not delinquent in any taxes related to the
facility.
of residents in the community in which the facility is situated. The statement
should indicate which of these the rehabllitation is likely lo result in,
• A statement of the factors, criteria and objectives, if any, necessary for
extending the exemption, when the certificate is for less than 12 years.
• A statement that the rehabilitation includes improvements aggregating 10%
or more of the true cash value of the property at commencement of the
• A statement that the application is for obsolete property as defined in rehabilitation as provided by section 2(1) of P.A. 146 of 2000.
section 2{h) of Public Act 146 of 2000.
• A statement of the period of lime authorized by the Qualified Local
Governmental Unit for completion of the rehabilitation.
16. ASSESSOR: Taxable Value State Equalized Value (SEV)
Current Taxable Land
Value and State
Buildings
Equalized Value of
obsolete properties Buildings on Leased Land
broken down for: Other Personal Property
Year of Values
17. Name of Local Government Body I Date of Action on This Application
CLERK'S CERTIFICATION
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by PA 146 of 2000 may be in jeopardy.
Signature of Clerk Date Telephone Number
I )
Clerk's Mailing Address City ZIP Code
Applications received after October 31 may not be acted upon in the current year.
This application is subject to audit by the State Tax Commission.
Mail completed Application and copy of Resolution to:
State Tax Commission
Michigan Department of Treasury
P.O. Box 30471
Lansing, Michigan 48909-7971
If you have any questions, please call (517) 373-2408 or 373-3302.
To: City of Muskegon From: Mark D. Anderson
2140 McCracken St.
Muskegon,MI49441
231-759-3178 231-638-1179
To whom it may concern;
Along with my application for obsolete property rehabilitation exemption certificate, I
am sending this letter to address the appropriate items listed in the criteria section of the
handout.
There would be minimal impacts on public right of way and general circulation
patterns. There are adequate parking spaces and sufficient room to pull in and pull out
without impeding traffic. Entrance to the parking lot is off Alpha St, which runs E and W
connecting Peck and Sanford.
By demolishing the unattached garage, we would triple the parking area. When this is
done, new paving would be put down to replace the cracked and upheaved concrete
parking that currently exist. A landscaped, or green area will be provided per site plan.
Currently, no green area or vegetation exists. There is an old signage frame that is
mounted on the roof. It is unsightly and not in use. This will be removed and new
signage will be installed on the building. We have no proposed signs at this time; some
tenant issues must be addressed upon completion of the project. At that time we will
submit the proposal in an effort to get the permit.
As the applicant, I am further stating that I have a good standing with the City as far as
history in payment of taxes, water bills or any other obligations to the City.
As required, the rehabilitation of the facility will not be undertaken without the receipt
of the exemption certificate.
The location of the proposed improvements is 1871 Peck St. To my knowledge, this
area has not already been designated as an Obsolete Property Rehabilitation District. I
believe, however, that the area qualifies for such a designation.
The property was purchased for $8,000 and the projected expense of the rehabilitation
is $25,000.
Property values in the general area would be positively impacted. To what extent, is
not known.
The project will be consistent with all adopted codes, ordinances and plans. Permits
and inspections will be timely.
In closing, I would like to state that the project will enhance the community not only
in appearance, but will create approximately 8 new jobs in the City. The tenants under
consideration currently have existing offices, which are not within the City of
Muskegon's limits.
Thank you .. ~ __
-~~-~I----
Mark D. Anderson
1871 Peck St.
Scope of work
• Complete demolition of all interior walls, plumbing, electrical,
HVAC, and exterior windows
• Install new walls and doors per print
• Install men's and women's ADA compliant restrooms
• Install break room
• New 200 amp service panel and electrical throughout
• New forced air furnace and air conditioning
• New flooring throughout
• Install new windows
• Paint exterior where previously painted
• Power wash remaining brick fas;ade
• Demo garage and extend parking with new paving on existing
parking area
• Install landscaping
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Alpha Ave. Commerce to Jefferson
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Alpha, Commerce to
Jefferson Project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2003-41 (e)
Resolution At First Hearing Creating Special Assessment District
For Alpha Ave., Commerce to Jefferson
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on May 13, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held May 13, 2003, there were 24. 95% objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
I. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Depmiment shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners( Spataro and Vice Mayor Buie
and the City Assessor who are hereby directed to prepare an assessment roll .
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 27.03% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Warmington, Buie, Gawron, Larson, Schweifler, Sh@pherd,
Spataro
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on May 13, 2003. 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
EXHIBIT A
ALPHA AVE. COMMERCE TO JEFFERSON
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Alpha Ave. from Commerce to Jefferson
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ENGINEERING FEASIBILITY STUDY
For
Alpha Ave. between Commerce & Jefferson
In an effort to incorporate the established goals of eliminating gravel streets from the City system
into our proposed work, we are proposing the construction of a new curb & gutter street in Alpha
between Commerce & Jefferson. In addition to the aforementioned, this proposal was initiated
by the City due to :
1. That section of Alpha is gravel, therefore, in keeping with the City's goals of eliminating all
gravel roads made this road a leading candidate for roadway construction.
2. The need to reduce maintenance cost associated with upkeep of the gravel road
3. Enhance the appearance of that area
The combination of the above reasons makes the selection of this street for improvements an
ideal one.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
properties, is attached.
The preliminary cost estimate for the work associated with paving is approximately $65,000 with
the length of the project being approximately 600 lineal feet or 499 of assessable footage. This
translates into an estimated improvement cost of$ 13 0 per assessable foot. The assessment
figure will be at a cost not to exceed $35.35 per assessable foot as established in the 2003 Special
Assessment for this type of improvement.
• MUSKEGON COUNTY
173 E. APPLE AVE .• BUILDING C, MUSKEGON, MICHIGAN 49442
II M C H G A N
(231) 724-6386
FAX (231) 724-1129
EQUALIZATION DEPARTMENT
II BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
II Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
II Jacob 0. Funkhouser
James J. Kobza
Louis McMurray April 29, 2003
•
st
Clarence •rt Mohaimned Al-Shatel, City Engineer
933 Terrace Street
Muskegon, MI 49443
Ill Mr. Al-Shatel:
II In accordance with your request, I have examined the proposed special
assessment district entailing the reconstn1ction of Alpha Avenue located between
•II C01runerce Street and Jefferson Street. The purpose of this analysis is to
document the reasonableness of this special assessment district by identifying
and quantifying any accrned benefits. It is subject to the nonnal governmental
restrictions of escheat, taxation, police power and eminent domain. The effective
date is April 29, 2003.
II In conclusion, it is my opinion that the special assessment amounts justly and
reasonably represents the accn1ed benefits to the properties encompassed by this
project. The amounts reflect the sum of the i1mnediate estimated value
II enhancement and the intrinsic value that will accrue from an overall increase in
•II
property values due to an improved quality of life created by the proposed
project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$ 35.50 appears
reasonable in light of our analysis that indicates a probable enhancement of
$3 7 .35. The conclusions are based upon the data presented within this li1nited
analysis in restricted fonnat, and on supporting infonnation in my files.
II Sincerely,
II
II Dan VanderKooi, CMAE 3
Senior Appraiser
Ill
TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
May 2, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE 49441 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS STREET
COMMERCE ST
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
The proposed special assessment district will be located as follows:
All parcels abutting Alpha Ave., Commerce St. to Jefferson St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on MAY 13, 2003 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $65,000.00 of which
approximately 27.03% ($17,572.50) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest - Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1570
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
CDBG APPLICATION
- FOR WAIVER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security# _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _-_ _ -_ _
Address: Phone: Race:
Parcel# _Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birth date Social Security # _ _-_ _ -_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
Name Birthdate Social Security # _ _-_ _-_ _
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
\Vage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Prope11y taxes must be current to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all infonnation in this application, and all infonnation furnished in suppmt of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE --- TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insnrance.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MAY 13, 2003
Project Title: ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
Project Description NEW CONSTRUCTION
WORK INCLUDES CURB & GUTTER, DRAINAGE SYSTEM AND HARD SURFACE PAVEMENT - CONCRETE OR ASPHALT WIDTH
MIN 27'
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 62.25 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL COST $2,209.88
Property Description
CITY OF MUSKEGON
DENNIS SMITH & COS SOUTH SIDE ADDITION
LOT 8 BLK 12
Your vote COUNTS!
Owner
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Signature
---------- Signature
------------
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:
Alpha St., Commerce St. to Jefferson St.
and
Franklin St., Michigan Ave. to Washington Ave.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Alpha St. from Commerce St. to Jefferson St.
and
• All parcels abutting Franklin St. from Michigan Ave. to Washington Ave.
It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Depattment between 8:00 A.M. and 5:00
P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MAY
13, 2003 AT 5:30 O'CLOCJ( P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM
THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MI CID GAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: May 3, 2003 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(23 I) 724-6705 or TDD (231) 724-6773
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Alpha Ave., Commerce St. to Jefferson St.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF MAY 2003.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAYOF _ _ _ _ _ _ _ _ ,2003.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
SPECIAL ASSESSMENT H 1570
NEW CONSTRUCTION HEARING DATE MAY 13, 2003
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
24-232-007-0007-00 MCLAURIN CAROL R ASSESSABLE FEET: 62.5
1853 JEFFERSON ST COST PER FOOT: $35.50
@ 1853. JEFFERSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 1
24-232-007-0008-00 TISCH GERALD A/JOSEPHINE ASSESSABLE FEET: 62.5
1854 5TH ST COST PER FOOT: $35.50
@ 1854. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 j
24-232-008-0001-00 RUSH QUEENIE D ASSESSABLE FEET: 62.5
1871 JEFFERSON ST COST PER FOOT: $35.50
@ 1871. JEFFERSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 j
24-232-008-0014-00 HUSMANN TODD ASSESSABLE FEET: 62.5
1872 5TH ST COST PER FOOT: $35.50
@ 1872. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 j
24-232-011-0001-00 HINES WILTON/AUDREY ASSESSABLE FEET: 62.25
177 ALPHA AVE COST PER FOOT: $35.50
@ 177.0 ALPHAAVE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 j
24-232-011-0014-00 TYLER JAMES ASSESSABLE FEET: 62.25
1872 COMMERCE ST COST PER FOOT: $35.50
@ 1872. COMMERCE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 j
24-232-012-0007-00 WEDLAW LATECHA A ASSESSABLE FEET: 62.25
1855 5TH ST COST PER FOOT: $35.50
@ 1855. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 j
5/2/2003 Page 1 of 2
NEW CONSTRUCTION HEARING DATE MAY 13, 2003
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
24-232-012-0008-00 BLAIS KAREN L TRUST ASSESSABLE FEET: 62.25
185 W LAKETON AVE COST PER FOOT: $35.50
@ 1856. COMMERCE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 1
SUM OF ASSESSABLE FOOTAGE: 499.00 SUM OF ESTIMATED P.O. COST: $17,714.50 I
TOTAL NUMBER OF ASSESSABLE PARCELS 8.00
5/2/2003 Page 2 of 2
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C Clerks Office
H-1570 ALPHA ST., COMMERCE ST. TO JEFFERSON ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
= PERCENTAGE
LETTER# ST# ST NAME
FOR
TOTAL NUMBER OF PARCELS· 12
PARCEL# FEET LETTER ST# ST NAME
OPPOSE
PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 499.000 ••• 6 177 ALPHA 24·232-011·0001·00 62.25 1 1856 COMMERCE 24·232·612-0008·00 62.25
3 1854 FIFTH 24-23··007·00008·00 62.25 5 1872 COMMERCE 24·232-011·0014·00 62.25
FRONT FEET OPPOSED 124.50 24.95% 2 1855 FIFTH 24-232·012·0007-00 62.25
RESPONDING FRONT FEET IN FAVOR 186.750 37.42%
NOT RESPONDING - FRONT FEET IN FAVOR 187.750 37.63%
TOTAL FRONT FEET IN FAVOR 374.500 75.05%
TOTALS 186.75 124.50
TABULATED AS OF: 04:56 PM
S/13/034:56 PMTABULATJON OF THE RESPONSES TO THE SP. ASS. HEARING ON ALPHA.xis
SPECIAL ASSESSMENT H 1570
NEW CONSTRUCTION HEARING DA TE MAY 13, 2003
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
24-232-007-0007-00 MCLAURIN CAROL R ASSESSABLE FEET: 62.5
1853 JEFFERSON ST COST PER FOOT: $35.50
@ 1853. JEFFERSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 1
24-232-007-0008-00 TISCH GERALD A/JOSEPHINE ASSESSABLE FEET: 62.5 ~
1854 5TH ST COST PER FOOT: $35.50
@ 1854. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 1
24-232-008-0001-00 RUSH QUEENIE D ASSESSABLE FEET: 62.5
1871 JEFFERSON ST COST PER FOOT: $35.50
@ 1871. JEFFERSON MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 1
24-232-008-0014-00 HUSMANN TODD ASSESSABLE FEET: 62.5
1872 5TH ST COST PER FOOT: $35.50
@ 1872. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,218.75 1
24-232-011-0001-00 HINES WILTON/AUDREY ASSESSABLE FEET: 62.25 yi,d
177 ALPHA AVE COST PER FOOT: $35.50
@ 177.0 ALPHA AVE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 1
24-232-011-0014-00 TYLER JAMES ASSESSABLE FEET: 62.25
JD
1872 COMMERCE ST COST PER FOOT: $35.50
@ 1872. COMMERCE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 1
24-232-012-0007-00 WEDLAW LATECHA A ASSESSABLE FEET: 62.25 ~
1855 5TH ST COST PER FOOT: $35.50
@ 1855. 5TH ST MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 1
5/6/2003 Page 1 of 2
./ N e:=W CONSTRUCTION HEARING DATE MAY 13, 2003
ALPHA AVE., COMMERCE ST. TO JEFFERSON ST.
24-23 .1-012-0008-00 BLAIS KAREN L TRUST
185 W LAKETON AVE
ASSESSABLE FEET:
COST PER FOOT:
62.25
$35.50
J~
@ 1356. COMMERCE MUSKEGON Ml ESTIMATED P.O. COST: I $2,209.88 1
SUM OF ASSESSABLE FOOTAGE: 499.00 SUM OF ESTIMATED P.O. COST: $17,714.50 1
TOTAL N UMBER OF ASSESSABLE PARCELS 8.00
5/6/2003 Page 2 of 2
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Franklin, Washington to Michigan
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Franklin, Washington
to Michigan Project, and to create the special assessment district and appoint two City
Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2003-41 (f)
Resolution At First Hearing Creating Special Assessment District
For Franklin, Washington to Michigan
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on May 13, 2003 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and val nation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held May 13, 2003, there were 33 • 33>/o objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each prope1ty proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set fmth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Depmtment shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Larson and Mayor Warmington
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 22.14% of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes Buie, Gawron, Larson, Schweifler. Shepherd, @pabaro, Warmington
Nays None
CITY OF MUSKEGON
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on May 13, 2003. 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 4tgni-C
~
EXHIBIT A
FRANKLIN ST. FROM WASHINGTON TO MICHIGAN
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Franklin St. from Washington to Michigan
. . . I
I
_/
· · T .....11
I. . . . . . . · • .1 ~IJJ rr
················· = ·•· I . . ..........
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[=:-~·:= ---- :=:1:~= :: =
0
ENGINEERING FEASIBILITY STUDY
For
FRANKLIN ST. FROM WASHINGTON AVE. TO MICHIGAN
The proposed reconstruction of Franklin, Washington to Michigan, see attached location map,
was initiated by the City due to:
1. the conditions of the road
2. the need to renew the sanitary sewer
3. this section is close to the Washington, Franklin to Lakeshore Dr. Project which was awarded
to Prince Bridge & Marines. Shonld the district be created, this project can be added to the
aforementioned contract as a change order which wonld save the City a lot of Money.
4. The drainage in this section of Franklin is in bad shape that requires an ongoing and costly
maintenance that is not solving the problem.
The proposed project consists of a total removal of all existing pavements including curb and
gutter and the placement of a new street pavement that will include a new curb and gutter. In
addition to the roadway work, a new 15" sanitary sewer is being proposed.
A memo from the Assessor's office, which addresses the appraisal and benefit information is
attached.
The preliminary cost estimate for the work associated with paving is approximately $80,000 with
the length of the project being approximately 340 lineal feet or 495 of assessable front footage.
This translates into an estimated improvement cost of$ 161 per assessable foot. The assessment
figure will be at a cost not to exceed $35.50 per front foot as established in the 2003 Special
Assessment for this type of improvement.
II MUSKEGON COUNTY
173 E. APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
IIM C H G A N
(231) 724-6386
FAX (231) 724-1129
• BOARD OF COMMISSIONERS
EQUALIZATION DEPARTMENT
• Kenneth J. Hulka, Chair
Bill Gm, Vice Chair
Paul Baade
Douglas Bennett
•
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
•
Clarence Start
April 29, 2003
•II Mohammed Al-Shatel, City Engineer
City of Muskegon
933 Terrace Street
Muskegon,MI49443
II Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special assessment district
entailing the reconstruction of Franklin Street between Michigan Ave and Washington Ave.
II The purpose of this analysis is to document the reasonableness of this special assessment
district by identifying and quantifying any accrued benefits. It is subject to the normal
•II governmental restrictions of escheat, taxation, police power and eminent domain. The
effective date is April 29, 2003.
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project, The amounts
reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality of life created
by the proposed project. As previously presented, the proposed special assessment district
encompasses primarily residential properties. The front foot rate of$35.S0 for the
reconstruction of the above mentioned project area appears reasonable in light of an analysis
that indicates a possible enhancement of$36.38. The conclusions are based upon the data
presented within this limited analysis in restricted format, and on supporting information in my
files.
Sincerely,
,) ,,,_i, C} _c__,----~"~:i
Vicki A Emery, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA/ AA Employer
recycled paper
MAY 2, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE 49457 3
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving
project:
FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
The proposed special assessment district will be located as follows:
All parcels abutting Franklin St.., Washington Ave. to Michigan Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are
conditions of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district
will be held at the City of Muskegon City Commission Chambers on MAY 13,
2003 at 5:30 P.M. You are encouraged to appear at this hearing, either in
person, by agent or in writing to express your opinion, approval, or objection
concerning the proposed special assessment. We are enclosing a Hearing
Response Card for you to indicate your agreement or opposition to the special
assessment. This card includes the property identification and description,
assessable footage per City policy, and the estimated cost of the assessment.
You may also appear, as above, in lieu of, or in addition to mailing your response
card to the City Clerk. Written objections or appearances must be made at or
prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE
CREATED OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU
TO COMMENT AT THIS HEARING IF YOU WANT YOUR OPINION COUNTED
FOR THE SPECIAL ASSESSMENT
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $80,000.00 of which
approximately 22.14% ($17,714.50) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
,;/,, 11{11 I vviiA!f d~(J/4£!
Mohammed AI-Shatel, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payment§.
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons/
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
CITY OF MUSKEGON
STREET H-1569
FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN A VE.
CDBG APPLICATION FOR W AIYER OF SPECIAL ASSESSMENT
HOUSEHOLD INFORMATION
Name: Birth date: Social Security # _ _-_ _-_ _
Spouse: Birthdate: Social Security # _ _ -_ _ -_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Security # _ _ -_ _-_ _
Name Birthdate Social Security # _ _ -_ _ -_ _
Name Birthdate Social Security # _ _-_ _-_ _
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
\Vage earner:
Wage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) CmTcnt ( ) Delinquent Year(s) Due
(Property taxes must be cuJTcnt to qualify and will be verified by CDBG staff)
OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information furnished in suppmt of this application, is true and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER MAY 31, 2003
FOR OFFICE USE ONLY
APPROVED ( ) DENIED ( ) DATE CENSUS TRACT NO.
SIGNATURE TITLE
COMMENTS/REMARKS
**ATTENTION APPLICANT**
Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MAY 13, 2003
Project Title: FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
Project Description RECONSTRUCTION
WORK INCLUDES REMOVAL OF EXISTING PAVEMENT ANO CONSTRUCTION OF NEW CURB & GUTTER STREET, ALONG WITH
REPLACEMENT OF STORM SEWER .SANITARY SEWER (NOT PART OF ASSESSMENT)
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: PROPERTY ADDRESS
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 80 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL COST $2,840.00
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 472
S 80 FT OF LOT 18
Your vote COUNTS!
Owner
I AM IN FAVOR • I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
---------- CoOwner/Spouse ------------
Signature Signature
Address Address
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICTS
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following projects:
Alpha St., Commerce St. to Jefferson St.
and
Franklin St., Michigan Ave. to Washington Ave.
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Alpha St. from Commerce St. to Jefferson St.
and
• All parcels abutting Franklin St. from Michigan Ave. to Washington Ave.
It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimates are on file in the City Hall in the Engineering Department and may
be examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00
P.M. on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON MAY
13, 2/HJJ AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR TN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE TIDRTY (30) DAYS FROM
THE DATE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER TN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MI CID GAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: May3,2003 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
93 3 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:
Franklin St., Washington Ave. to Michigan Ave.
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 2ND DAY OF MAY 2003.
GAIL A. KUNDINGER, CITY CLERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ _ _ DAY OF _ _ _ _ _ _ _ _ , 2003.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - - - - - - - -
SPECIAL ASSESSMENT H 1569
RECONSTRUCTION HEARING DATE MAY 13, 2003
FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
24-205-472-0001-00 BRANDOW CHERYL ASSESSABLE FEET: 165
385 W MICHIGAN COST PER FOOT: $35.50
@ 1069. MICHIGAN A TWIN LAKE Ml ESTIMATED P.O. COST: I $5,857.50 1
24-205-472-0018-00 RENNA ARTHUR/IOLA ASSESSABLE FEET: 85
1403 FRANKLIN ST COST PER FOOT: $35.50
@ 1403. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: I $3,017.50 1
24-205-472-0018-10 GREER TIMOTHY E ASSESSABLE FEET: 80
1046 WASHINGTON AVE COST PER FOOT: $35.50
@ 1046. WASHINGT MUSKEGON Ml ESTIMATED P.O. COST: I $2,840.00 1
24-205-473-0008-00 LAKESIDE INVESTMENTS LLC ASSESSABLE FEET: 41.25
PO BOX359 COST PER FOOT: $35.50
@ 1376. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: I $1,464.38 1
24-205-4 73-0008-10 LAKESIDE INVESTMENTS LLC ASSESSABLE FEET: 41.25
PO BOX359 COST PER FOOT: $35.50
@ 1398. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: I $1,464.38 1
24-205-4 73-0009-00 SCOTT FARRAH ASSESSABLE FEET: 82.5
1330 5TH ST COST PER FOOT: $35.50
@ 1032. WASHINGT MUSKEGON Ml ESTIMATED P.O. COST: I $2,928.75 1
SUM OF ASSESSABLE FOOTAGE: 495.00 SUM OF ESTIMATED P.O. COST: $17,572.50 1
TOTAL NUMBER OF ASSESSABLE PARCELS 6.00
5/2/2003 Page 1 of 1
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote coun!, please
Return This Card By MAY 13, 2003
Project Title: · FRANKLIN ST., _
WASHINGTON AVE. TO MICHIGAN AVE.
Project Description: RECONSTRUCTION
WORK INCLUDES REMOVAL OF EXISTING PAVEMENT AND CONSTRUCTION OF NEW CURB & GUTTER STREET, ALONG WITH
REPLACEMENT OF STORM SEWER , SANITARY SEWER {NOT PART OF ASSESSMENT) ·
· INSTRUCTIONS
If you wish to hav~ your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicafe whether you Oppose or Favor
this special assessment _project, sign the form and return it to the City Clerk's Office. To ·
rnturn this card by rimil, simply fold on the dotted lines so the address on the reverse side is ·
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 14_0 3 FRANKLIN ST
·Parcel Number 24-205-472-0018-00
Assessable _Frontage: . 85 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL COST $3,017.50
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
BLK 472
N 85 FT OF. LOT 18
Your vote c::;ouN·1 ,:j?
IAMINFAVOR[Z] . I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner ~ ;{'<---::2;<-n_..uCoOwner/Spouse - - - -- - -- -·- - -
Signature -~ / /4-e,, ,l--7L~~ Signature - - - - -·- - - -- - -
Address ~ / 1/t7 3 7,)t,6~;rJ~~u Address
----::::=====~~==i·-
Thank you for taking the time to vote on this important issue. RECEIVED ,
MAY 1 2 2003
City Clerks Office
. SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MAY 13, 2003
Project Title. FRANKUN ST.,WASHINGTON AVE. TO MICHIGAN AVE.
Project Der,cription RECONSTRUCTION
WORK INCLl'•JES REMOVAL OF EXISTING PAVEMENT AND CONSTRUCTION OF NEW CURB & GUTTER STREET, ALONG WITH
REPLACEMEl·JT OF STORM SEWER, SANITARY SEWER (NOT PART OF ASSESSMENT)
.INSTRL)CTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
. indicated above. To use this response card please indicate whether you Oppose or Favor
. this special assessment project, sign the form and return it to the City Clerk's Office. To
i,c,tu;n this card by mai!, simply fold on tho dotted lines so the address. on !he reverse sirl.e is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
'" YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1069 MICHIGAN AVE
Parcel Number 24-205-4 72-0001-00
/1.ssessable Frontage: 165 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL:. COST $5,857.50
Property Description
CITY OF MUSKEGON
LOTS 1 2 3 & 4 BLK 472
' . .
Your vote COUNTS!
Owner CoOwner/Spouse
'·' ..J,;.i:.,._.;;;µ.,~~;.::......i....;;;..;;;,___ -------------
Signature:. Signature
Add~ess Address
3
Thank you for taking the time to vote on this important issue.
H-1569, S-586 FRANKLIN ST. WASHINGTON AVE. TO MICHIGAN AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EE.EI PERCENTAGE TOTAL NUMBER OF PARCELS -12
FOR OPPOSE
LETTER ST# ST NAME PARCEL# FEET LETTER ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 495.000 *** 2 1403 FRANKLIN 24-205-472-0018-00 85.00 3 1069 MJCHIGAN 24-205-472-0001-00 165.00
FRONT FEET OPPOSED 165.00 33.33%
RESPONDING FRONT FEET IN FAVOR 85.000 17.17%
NOT RESPONDING - FRONT FEET IN FAVOR 245.000 49.49%
TOTAL FRONT FEET IN FAVOR 330.000 66.67%
TOTALS 85.00 165.00
TABULATED AS OF: 04:58 PM
5/13/034:59 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON FRANKLIN.xis
H 1569
SPECIAL ASSESSMENT
RECONSTRUCTION HEARING DATE MAY 13, 2003
FRANKLIN ST., WASHINGTON AVE. TO MICHIGAN AVE.
24-205-472-0001-00 BRANDOW CHERYL
385 W MICHIGAN
ASSESSABLE FEET:
COST PER FOOT:
165
$35.50
/
@ 1069. MICHIGAN A TWIN LAKE Ml ESTIMATED P.O. COST: I $5,857.50 1
24-205-472-0018-00 RENNA ARTHUR/IOLA ASSESSABLE FEET: 85 ~
1403 FRANKLIN ST COST PER FOOT: $35.50 \
@ 1403. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: ,~-$-3-,0-17-.5-0-,I
24-205-472-0018-10 GREER TIMOTHY E ASSESSABLE FEET: 80
1046 WASHINGTON AVE COST PER FOOT: $35.50
@ 1046. WASHINGT MUSKEGON Ml ESTIMATED P.O. COST: I $2,840.00 1
24-205-4 73-0008-00 LAKESIDE INVESTMENTS LLC ASSESSABLE FEET: 41.25
PO BOX 359 COST PER FOOT: $35.50
@ 1376. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: I $1,464.38 1
24-205-4 73-0008-10 LAKESIDE INVESTMENTS LLC ASSESSABLE FEET: 41.25
PO BOX 359 COST PER FOOT: $35.50
@ 1398. FRANKLIN S MUSKEGON Ml ESTIMATED P.O. COST: I $1,464.38 I
24-205-4 73-0009-00 SCOTT FARRAH ASSESSABLE FEET: 82.5
1330 5TH ST COST PER FOOT: $35.50
@ 1032. WASHINGT MUSKEGON Ml ESTIMATED P.O. COST: I $2,928.75 I
SUM OF ASSESSABLE FOOTAGE: 495.00 SUM OF ESTIMATED P.O. COST: $17.572.50 1
TOTAL NUMBER OF ASSESSABLE PARCELS 6.00
5/6/2003 Page 1 of 1 ./
AGENDA ITEM NO. .-?ao7> - L/ ;2 o,._),
CITY COMMISSION MEETING 5/13/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 1, 2003
Special Election Agreement - Casino Gaming
SUMMARY OF REQUEST:
To approve an agreement with Archimedes CBD, LLC/Group One for payment of costs
associated with a special election regarding casino gaming. This request is also to approve
setting the date of the election for September 9, 2003.
FINANCIAL IMPACT:
None. The cost of the election will be reimbursed by Archimedes CBD, LLC/Group One.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the agreement with Archimedes CBD, LLC/Group One and set the date of the
election for September 9, 2003.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - 0: (CASINO GAMING ELECTION)
AGENDA ITEM No. rQ.oo3 , L\ ~ \:,~
CITY COMMISSION MEETING 05/13/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 6, 2003
RE: Veterans Park Maintenance
SUMMARY OF REQUEST:
To approve an agreement between the City of North Muskegon, the County of Muskegon, and
the City of Muskegon for the maintenance of Veterans Park.
FINANCIAL IMPACT:
The cost for 2003 is estimated at $15,000.
BUDGET ACTION REQUIRED:
A budget adjustment for 2003 will be necessary to accommodate the City's costs per this
agreement.
STAFF RECOMMENDATION:
To approve the attached term sheet and authorize the Mayor and City Clerk to sign a formalized
agreement approved by the City Manager and City Attorney.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMINIAGNDAFRM
JMS • 0: (VETERANS PARK · MAINT AGMT)
TERM SHEET
MAINTENANCE OF VETERANS MEMORIAL PARK
I. The County of Muskegon will take ownership of the entire park (portions in Cities of
North Muskegon and City of Muskegon).
2. The County of Muskegon, City of North Muskegon and the City of Muskegon agree
to fund the maintenance costs of the park at the following percentage rates:
A. County of Muskegon 42.5 %
B. City of Muskegon 42.5 %
C. City of North Muskegon 15 %
3. A board/committee with equal representation of each funding entity will be
established to determine the annual budget for maintenance of the park and to review
and approve expenditures for such maintenance. The Muskegon County Department
of Veterans Affairs will appoint one person to advise the board/committee.
4. The City of Muskegon will be responsible for the physical maintenance of the park
utilizing the funds from each entity by either using its own personnel and equipment
or contracting for this work.
5. Maintenance activities include the following:
A. Mowing and trimming the grass.
B. Trash and litter removal.
C. Maintaining the current irrigation system (replacing heads, repairing pumps,
fixing leaks, etc.)
D. Pruning trees and shrubs.
E. Maintenance of parking lots.
F. Painting structures and fixtures.
G. Minor repairs to bridges and Cannons (not including structural repairs).
6. The board/committee will review and approve all proposals for capital replacement
items or the placement of new capital items in the park.
7. Capital replacement or new capital items are not included in the maintenance
activities and are subject to approval by the board/committee. They are as follows:
A. Bridges.
B. New and existing irrigation systems (including pumps).
C. New trees.
D. Concrete trail.
E. Fountain (including lighting).
F. Monuments.
G. Cannons
H. Any new items added to the park after December 31, 2002, including, but not
limited to the following:
1. New parking lots.
2. Paved areas of parking lots.
3. New flagpoles and monuments.
4. Retaining structure for ponds.
5. New kiosks.
6. Additional trail(s).
8. If any county-wide millage becomes available that can be used for maintenance of the
park or if any additional veterans millage is levied for park maintenance purposes that
allows for the reduction in cost to any of the funding entities, then savings will be
apportioned to all the funding entities and thereby reduce there costs on a pro rata
basis.
;2oO~- \f ;;i c,,,)
Commission Meeting Date: May 13, 2003
Date: April29,2003
To: Honorable Mayor and City Commiss!i,_~•~{t
From: Planning & Economic Developme~
RE: Rezoning request for properties located within 'Are a 1 Ob'
SUMMARY OF REQUEST:
Request to rezone many of the properties located within 'Area 1Ob' (bounded by
Washington Ave. , Seaway Dr., Southern Ave. and Peck St.).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/10 meeting,
with one change in the proposed zoning. They recommended that the six lots facing
Peck St. in Block 423 be rezoned to R-1, Single-Family Residential instead of RM-1 ,
Low Density Multiple-Family Residential. The vote was unanimous with J . Aslakson
absent.
4/29/2003
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 21 0 2
An ordinance to amend the zoning map of the City to provide for zoning changes for certain properties
within the area bounded by Washington Ave., Seaway Dr., Southern Ave. and Peck St.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following described
properties as follows (see attached map):
All prope1iies located within the Revised Plat of 1903 of the City of Muskegon:
• Block 402 from RT, Two-Family Residential and B-1, Limited Business to R-1, Single-Family
Residential, RM-I , Low Density Multiple-Family Residential and B-1, Limited Business
• Blocks 405, 406, 407, 408 and 409 from RT, Two-Family Residential to R-1, Single-Family
Residential
• Block 410 from RT, Two-Family Residential and 1-1, Light Industrial to R-1, Single-Family
Residential, OSR, Open Space Recreation, and 1-1, Light Industrial
• Block 415 from 1-2, General Industrial to 1-1, Light Industrial
• Block 416 from 1-2, General Industrial, B-4, General Business, and RT, Two-Family Residential
to OSR, Open Space Recreation, B-2, Convenience & Comparison Business and R-1, Single-
Family Residential
• - Blocks 417, 418, 419 and 420 from RT, Two-Family Residential to R-1 , Single-Family
Residential
• Block 423 from RT, Two-Family Residential, B-1, Limited Business and RM-1, Low Density
Multiple-Family Residential to R-1 , Single-Family Residential
This ordinance adopted: May 13, 2003
Ay~: Schweifler, Sbepberd, Spataro, Warmington, ~uiQ, Qawron, Larson
Nayes: None
Adoption Date: May 1 3 , 2 oo 3
Effective Date: June 9, 2 OO3
First Reading:__M~a+-Y~J~3......,~2~0~0~3~--- - -
Second Reading:___
N_/_A_ _ _ _ _ _ _ __
CITY OF MUSKEGO:1/
By ~ Q ~J...,,__rv
Gail A. Kundinger, MMC, ityC!erk
4/29/03 2
CERTIFICATE (City Commission Date: May 13, 2003, Rezoning ofArea 1Ob)
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 May, 2003, 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 ce1tify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that
minutes were kept and will be or have been made available as required the;eby. .
DATED 5- 1lo ,2003. ~ Q ~~
Gail A. Kundinger, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
4/29/03 3
Area 1Ob Land Use
Corrected as of April 10, 2003
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Staff Report [EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April I 0, 2003
Hearing; Case 2003-10: Staff-initiated request to rezone multiple properties in the portion
of the city bounded by Washington Ave., Seaway Dr., Southern Ave. and Peck St.
BACKGROUND
This rezoning is a continuation of the 'Area IO' rezoning which was done last fall. At that time,
the City Commission asked staff to look into the possibility of continuing the rezoning to the
area south of Washington Ave., which was left mostly zoned as 'RT, Two-Family Residential' at
that time. Staff has followed the same process as before in terms of conducting a land-use survey
of the area and proposing downzoning for the residential, commercial and industrial properties in
the area.
Staff visually inspected every one of the 219 parcels within what is being called 'Area !Ob'.
Each parcel was given a land-use designation (see enclosed land use map of Area !Ob):
C .. ............. Commercial
CP ............ Cemetery/Park
I ............... .Industrial
IC ............ .Institutional-Church
IG ............ .Institutional-Government
IS ............. .Institutional-School
P ............... Parking
Rl ............. One-Family Residential
R2 ............. Two-Family Residential
R3 ............. Three-Family Residential
R4 ............. Four-Family Residential
RC ......... ... Residential/Commercial
RM ........... Multiple-Family Residential
V ............... Vacant
VB ............ Vacant Business
As before, staff has sent letters to each of the property owners asking them to verify that the land
City of Muskegon Planning Commission - 4/10/03
use designation for their property(ies) has been con-ectly identified. This effort is ongoing, but
staff anticipates having a complete and accurate picture of the current land uses to add to the
existing land use study previously done in Area 10.
Based in part on the land use information gained so far by the survey, and on what the Master
Plan and recent planning eff01is have stated for this general area, staff is proposing that most of
the properties within Area I Ob be rezoned. A mailing has been sent to every property owner and
tenant of record, both within Area !Ob and within 300 feet of the boundaries of Area !Ob,
informing them that this rezoning is being proposed and discussed by the Planning and City
Commissions.
The current zoning of most of the residential properties within Area I Ob (see enclosed map
labeled 'Current Zoning') is RT, Two-Family Residential. There is a small amount ofRM-1,
Low Density Multiple-Family Residential, zoning along Peck St. The land use survey showed
that although there are some existing multi-family dwellings within the area, the majority of
residential properties do contain single-family homes. Therefore, staff is proposing to rezone
most of the residential prope1iies to R-1, Single-Family Residential. Any existing multi-family
units would be permitted to remain as legal nonconforming uses, but no further single-family
homes would be able to be converted to multi-family units.
The small stretch of Peck St. would be zoned as RM- I, consistent with the rest of Peck St. Staff
is proposing that the Clock Funeral Home prope1iy be left as B-1 zoning and that the zoning be
aligned with the existing parcel boundaries. The Muskegon High School property was rezoned
as part of the earlier, Area 10, process, so is not included in the current request.
The existing industries on the west side of Area I Ob would either be left zoned as I-1, Light
Industrial, or rezoned from I-2, General Industrial, to I-1. There is one parcel currently zoned as
B-4, General Business. Staff is proposing that this property be downzoned to B-2, Convenience
& Comparison Business. The current use, a roofing contractor, would still be permitted in the B-
2 district under Special Use Permit.
Please see the enclosed map labeled 'Proposed Zoning' for the specifics of what staff is
proposing for the entire Area I Ob.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
I . What, if any, identifiable conditions related to the petition have changed which justify the
petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from the
approval or denial of the petition.
City of Muskegon Planning Commission - 4/10/03 2
3. What is the impact of the amendment on the ability of the city to provide adequate public
services and facilities and/or programs that might reasonably be required in the future if the
petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value of
the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land Use
Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably occur if
the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
7. Is the proposed zoning change a "Spot Zone"?
a. Is the parcel small in size relative to its surroundings?
a. Would the zoning change allow uses that are inconsistent with those
allowed in the vicinity?
b. Would the zoning change confer a benefit to the property owner that is
not generally available to other properties in the area?
c. A spot zone is appropriate if it complies with the Master Plan.
City of Muskegon Planning Commission - 4/10/03 3
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 13, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to change the zoning of the following described prope1ties as
follows:
All properties located within the Revised Plat of I 903 of the City of Muskegon, in the area bounded
by Washington Ave., Seaway Dr., Southern Ave., and Peck St.:
• Block 402 from RT, Two-Family Residential and B-1, Limited Business to R-1,
Single-Family Residential, RM-I, Low Density Multiple-Family Residential and B-1,
Limited Business
• Blocks 405,406,407,408 and 409 from RT, Two-Family Residential to R-1, Single-
Family Residential
• Block 410 from RT, Two-Family Residential and I-1, Light Industrial to R-1, Single-
Family Residential, OSR, Open Space Recreation, and I-1, Light Industrial
• Block 415 from I-2, General Industrial to I-1, Light Industrial
• Block 416 from I-2, General Industrial, B-4, General Business, and RT, Two-Family
Residential to OSR, Open Space Recreation, B-2, Convenience & Comparison
Business and R-1, Single-Family Residential
• Blocks 417, 418, 419 and 420 from RT, Two-Family Residential to R-1, Single-
Family Residential
• Block 423 from RT, Two-Family Residential, B-1, Limited Business and RM-I, Low
Density Multiple-Family Residential to R-1, Single-Family Residential
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published May 30, 2003 , 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
Its Clerk
PUBLISH ONCE WITHIN TEN(! 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
4/29/03 4
~oo""3.-L!~dj
Commission Meeting Date: May 13, 2003
Date: May 13, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C(!J L
. RE: Relocation of Power Line- Terrace Lot
SUMMARY OF REQUEST: It is necessary at some point to relocate the
Consumer's Power line located at the NW corner of the Terrace Lot property owned
by the City. If the City works with Westwood (who owns the adjacent property) to
relocate the lines at the present time, the total cost will be approximately $256,000
(with a possible 3-5% inflation increase). Westwood has agreed to pay for $120,000,
or a 47% contribution, of the cost. The City will pay $136,000 (53%). If the costs are
less than $256,000, we will share in the savings, based on percentage of
contribution. If the costs exceed $256,000, up to 5% more, we will share in the
additional costs. If the costs exceed 5%, we will not proceed with the project
FINANCIAL IMPACT: The cost for the City will be approximately $136,000 .
. BUDGET ACTION REQUIRED: The funds will come from the City's Development
Fund.
STAFF RECOMMENDATION: To approve the request, as outlined.
COMMITTEE RECOMMENDATION: The Working Session of the City Commission
will review this matter at their May 12, 2003 meeting, and recommended that staff
attempt to negotiate a deal with Westwood.
Memorandum
To: Honorable Mayor and City Commission
CC: Bryon Mazadc, City Manager
From: Cathy Brubaker-Clarke, Director of Community & Economic Development and
Mohammed Al-Shatel, City Engineer
Date: 05/07/03
Re: Relocation of Power Linc on City-Owned Tcm1ce Lot
As part of the development of Shoreline Drive and the Terrace Lots, it is necessary to relocate major
power lines owned by Consumer's Power, TI1ese plans were known prior to the sale of the first Terrace
Lot to Westwood for development of National City. At the time, Westwood agreed to finance the entire
power Jjnc relocation, in the ammmt of approximately $246,000, since the lines were being relocated on
thcTcrrace Lot property, for Westwood's benefit. The new pole will be located in the NW portion of the
second Tetrace Lot. TI1c City has retained ownership of this lot. Since the City is not selling this second
lot to Westwood at this time, Westwood no longer has an interest in paying for the entire power line
relocation•. In order to obtain power for the National City site, a connection can be made from the new
pole on the City-owned Terrace Lot, across Terrace Street, to the lot owned by Westwood. Westwood
,vouldpay for this extension to their site. TI1eir cost would be approximately $110,000 to $122,000.
If the extension is made only to the Westwood property at this time, either the City or the new owner of the
Terrace Lot will be required to relocate the pole from the NW comer, to the South of the property, where
additional power lines will be added. TI1c cost to relocate the power line at that point will be at least
$246,000 (which is in addition to tl1e $110,000+ that Westwood would spend now). However, if tl1e entire
relocation occurs now, the total cost would be appro,imatcly $246,000 (possible inflation of3-5%).
In a letter from Westwood, dated April 24, 2003 (see auached), tl1ey agree to$ 100,000 (altl10ugh in a
meeting Mohammed and Cathy had witl1 Westwood, we discussed splitting the cost). If the City agrees to
pay for part of the relocation now, we could be reimbursed through the sale of the property at a later date.
If the City chooses not to participate at tllis tin1e, the value of the property may decrease due to the
necessity to move the power line. In addition, the new owners would be required to relocate the power
line at tl1eir own expense (which would add $246,000+ to the cost of the land purchase).
The City Conmlission is asked to review Westwood's request, altl10ugh staff is recommending tllllt the
proposal from Westwood be denied.
1
Westwood
April 24, 2003
Mr. Bryon Mazade, City Manager
City of Muskegon
93 3 Terrace Stree!
P. 0. Box 536
Muskegon, MI. 49443-0536
RE: Consumer's Electric Transmission Line Relocation on Terrace Dr. from the power
sub-station to the new National City Bank Building
Dear Mr. Mazade:
I am writing this letter following my meeting last Friday with Ken King and John Brack
of Consumer's Electric and Cathy Brubaker-Clarke and Mohammed S. Al-Shale! of the
City. At that meeting, we discussed the power line relocation that was previously
approved to get power to our new building and at the same time removing the existing
power lines from the remaining 9 .3 acre site. The original cost for the relocation was to
be $246,000. That number is now increased by 3-5% due to the lapse of time.
When we thought that we were acquiring the 9.3 acre site, this number made economic
sense since the cost could be spread over the entire 11 acres. Since that is no longer
possible, we need to seek either a dollar sharing arrangement with the City to complete
the relocation or we need to obtain an alternative method to get the power relocated to
our site using the existing lines.
In our Friday discussion, we could leave the existing poles and pay approximately
$110,000 to $122,000 to relocate the lines. The lines would then need to be relocated a
second time at an estimated additional cost of $246,000 by either the City or the eventual
developer of the remaining 9.3 acre property when it is sold.
It is our feeling that doing the relocation now, and only once, is in the best interests of
Consumers, the City, and ourselves. This would allow all the relocation problems to be
resolved for the whole area at this time. It would permit the city to increase the price of
the property since neither they nor the new developer would be paying $246,000 for
another relocation at a later date. It would also allow for the power clean up of the area
in concert with all the associated improvements that are being completed for the Terrace
and Shoreline Drive projects.
900 Third St.· Suite 204 · Muskegon, :\ill ,J9.fW • 2.31.722.9999 • 231.722.9960/a.,· • www.thewcstwoodgroup.com
To expedite the process, Terrace Development, L.L.C. would be willing to make a capital
contribution of$100,000, or a 40% contribution toward the entire power relocation ifit
can be done at this time. We feel that this contribution is equitable since we only own
approximately 15% of the land being improved. The city land (85%) will have its value
enhanced by over $209,000 of added value for an approximate capital contribution of
$150,000. This represents a 39% return on your capital.
As per our meeting of last week, we understand that the Council will need to decide this
issue. We would be happy to appear to discuss the issue with either city officials or the
Council. Consumer's is the driving force in our need to receive direction in the next
week. They need to start engineering and place us in the constrnction schedule as soon as
possible. Right now, the earliest that the work can be scheduled is late August of this
year. We need to have the building open for the bank no later that October 30, 2003.
Once the relocation is complete, we need 45 days to complete the remainder of the site
work and the paving for the parking lot. This cannot be accomplished until we are able to
remove the existing poles from our property, which, in tum, can be done until the
relocation is finished.
Should you wish to discuss this further with either myself or Michael Bowen, please feel
free to call us. Also, as soon as you are able to have an internal decision as to staff
recommendation to the Council, please advise us so we can complete discussions with
Consumer's.
Thank you for your assistance in this matter.
Respectfully,
~
Greg Brendel,
Agent for Ten-ace Development, L.L.C.
CC: Michael Bowen, Westwood Group
Steve Adams, Westwood Development
Cathy Brubaker-Clarke, City of Muskegon V--
Mohammed Al-Shatel, City of Muskegon
John Brack, Consumer's Electric
Ken King, Consumer's Electric
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A CMS Er:ergy Company 19'5 W8Sl Pa1n.aH RtJIJd
~Ckson, Ml 49201,8643
April 25. 2002 ©to:·.· ,\ \' \
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Greg E Brendel
Westwood Construction Co
900 Third St, Suite 204
Muskegon,M149440
As a follow-up to my letter dated Jj!nuazy 11, 2002 and your letter dated April 16,
2002 (copies attached), Consumers Energy would like to relocate the 46kV power
line this summer. We have severaj poles in the line that we need to move for the
proposed Shoreline Drive and ifwr do these projects together, your cost would be
greatly reduced. The estimated co~t for your portion is $158,000, instead of
$205,000. In order for Conswners•Energy to give you this cost savings, we need the
following conditions met '
1. Consumers receives a $10,000 ~ayment from Westwood Construction by
May 9, 2002. ·
2. Consumers receives the rest ofJthe money ($148,000) prior to the start of
construction, approximately Juhe 15, 2002. The dates we have been getting
from the City of Muskegon for!the Shoreline Project keep changing.
3. Easements are granted to Consµmers Energy for the new line route by
June 15, 2002. ·
~;;>~
Kenneth D King
Transmission Line Design
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Westwood
April I 6, 2002
Mr. Kenneth D. King ,
Conswners Energy - Transmission ~ine Design
1945 West Pama!! Road ·
Jackson, Michigan 49201-8643
RE: 46kV Power Line -Ttrr•e~ Street,· Muskegon~ Michigan
Dear Mr. King:
Thank you for your continued cooperation with regard to this matter. This letter will
update your letter of January 11, 20Q2 (a copy of which is attached for your convenience)
and conform to our previous disclissions since that time. It is the understanding of
Terrace Development, L.L.C., the ~wner of the project, that you will accept a letter of
intent for payment of the costs assofiated with the relocation of the 46kV power line on
Terrace Street in Muskegon, Michig~.
'
The following identifies the terms o~this Letter of Intent:
'
I. Timing: Reloc~tion of46kV line by October 31, 2002.
' .
2. Easements: Easements as necessary to be given by Terrace
Development, L.L.C.iand the City of Muskegon to Consumers Energy at
no cost 10 Consumers! Energy.
3, Payments: A paY!flent in the amount of $205,000.00 to be made to
Consumers Energy f~r the costs of the construction by .Consumers Energy
from the first draw against the owner's financing for the overall
construction project. ;
5. Consumers Energy 'N:ork:
a. 46kV line to ~e taken underground from a manhole at Morris and
Terrace Streets to a pole approximately 50' southeast along the
east side of TFrrace Street, thence overhead down the east side of
Terrace to Wc:stem Avenue, thence along the north side of Western
Avenue east 1¢ Consumers Energy's existing Terrace Substation.
900 Third SI.• Suite 104 , Mt1sk~i;on. MI ~~:i,W!• 231.722.9999 · 231.72l.9tJ60 faL~ · www.1hewcstwootJgroup.com
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Ieux• Development. L.L.C.
Mr. KollllCth D. King
April 9, 2002
Page 2 of2
b. Abandon the ii,anhole in Terrace Street approximately 50' north of
Morris Avenue a1ter the rela<:ation of the 46kV line is completed.
'
If the above proposal is acceptable to you, please sign where indicated below and return one
executed copy to the undersigned.
Please feel free to contact Mr. Greg Brendel if you have any questions concerning this
proposal. :
Sincerely, ,
TERRACE DEVELOPMENT, L.L.Cl
~'Ts::
Michael J. Bowen, 'anaging Member,
The Westwood Group, L.L.C., as :
Mllllllger ofTemice Development, L.~.C.
cc: General Counsel
Mr. Greg Brendel, Westwood Construction Co.
APPROVED AND ACCEPTED:
The undersigned has r~eiv~ this proposal and agrees to proceed. Enclosed is ow- financial
statement for your cons1derahon. ,
CONSUMERS ENERGY
By:
Its:
Dated:----------,--
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I
January II, 2002
Greg E Brendel .
Westwood Construc1ion Company i
!lOO Third Street, Suite 204 .
Muskegon, Ml 49440 ...
Ai requested at our meeting ye5terdii,y, I have the cost estimates to relocate the 46kV
power line. To relocate line by Aptjl 1. 2002 is $205,000 or relociite by May I, 2002
i, $180,000. These costs are only fqr the 46kV transmission line and the costs for the
distribution work will be provided 19 you by our Muskegon office. These costs arc
based on the following: [
I. Linc will be underground fro~ a manhole at Morris and Terrace Streets to a
pole approximately 50' southe~t along the east side of Terrace Street, thence
overhead down the east side of Terrace lo Western Avenue, thence along the
north side of Western Avenue Fast to our existing Terrace Substation.
2. Easements will be given to Co~sumcrs at no cost.
3. The city of Muskegon will ha~e Terrace Street near the manhole at Morris
Street rerouted by March I, 20!)2.
4. The city of Muskegon provides Consumers Energy with $60,000 by March I,
2002 to relocate the three pole$ on the north side of Terrace Sub which are in
the w:,.y of the proposed Shorc~ne Drive.
5. Consumers receives a $90,000:down payment from Westwood Construction by
January 21, 2002 with the restjofthe money due prior lo our construction start
date of approximately one mo~th before the completion date.
' ,
Also, Consumers Energy will be ab<1ndoning the manhole in Te1Tace Street
approximately 50 feet north of Moniis Avenue after our relocation is complete.
Kenn~th D King
Transmission Line Design .. -------·------
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.
Westwood
April I6, 2002
Mr. John P. Brack
Consumers Energy - Muskegon Servi~e Center
2021 Hoyt Street :
Muskegon Heights, Michigan 49444 :
'
RE: Primary Overhead and Underground Distribution Line Relocation
'
Terrace Street, Muskegon, ~ichigau
;
Dear Mr. Brack:
Thank you for your continued coop~tion with regard to this matter. This letter will
update your letter of January 22, 2004, a copy of which is attached for your convenience,
and conform to our previous discus~ions since that time. It is the understanding of
Terrace Development, L.L.C., !he owner of the project, that you will accept a letter of
intent for payment of the costs associ~ted with the relocation of the primary overhead and
underground distribution lines on the +ast side of Terrace Street in Muskegon, Michigan.
The following identifies the terms oft~is Letter oflntent:
I. Timing: Relocatiion of lines by October 3 l, 2002.
I
2. Easements/Requiremetjts: Easements as necessary to be given by
Terrace Development, ,LL.C. and the City of Muskegon to Const1mers
Energy at no cost to C~nsumers Energy.
Areas where undergro~nd cable is installed must be at+/- 4" final grade.
3. Payments: A payrrient in the amount of $98,000.00 or actual costs
incurred to be made to iConsumers Energy for the costs of the construction
by Consumers Energy: from the first draw against the owner's financing
for the overall constniction
I
proJect. Costs do not include charges for
supplying service to th~ proposed National City Bank Building.
'
Addition.ii cost of appioximately $17,500 if temporary poles are required
to expedite the rcmopt of tho current distribution and transmission
lines/poles. ·
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i I•rrac• Ocvolopmenr, L.L,C.
Mr. John P. Brack
April 16, 2002
Page 2of3
Potential additional co~t may be required for charges in any way related to
potential contamination that may be presenl at locations where
Consumers' Energy fadilities will be installed.
!
>.
4. Consumers Energy Work:
a. Relocation of ithe overhead primary distribution line that is
cll!Tently built µndemeath 1he 46kV transmission line. The new
route will start ~t a mid span pole located near the intersection of
Western Avenujc and Pine Street and follow the proposed 46kV
transmission line along Western Avenue, then west on Terrace
Street to a ri~er pole, which feeds the underground primary
distribution line;
i
b. Relocalion of ;the underground primary distribution line that
currently follows the property line along Terrace Avenue. The
new line woul~' follow the contour of the new property line
between the neY/' riser pole and the train track.
If the above proposal is acceptable to y~u. please sign where indicated below and return one
CJCecuted copy to the undersigned. ·
Please feel free to contact Mr. Greg ~rendel if you have any questions concerning this
proposal. '
Sincerely,
TERRACE DEVELO~, L.L.C. j
~' :
Michael J. Bowen, kanaging Member, [
The Westwood Group, L.L.C., as :
Manager of Terrace Development, L.L.F
cc: General Counsel
Mr. Greg Brendel. Westwood Conslruction Co.
'
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i
Teuacc Development LLC.
Mr. John P. Brack
April 16, 2002
Page J of J
APPROVED AND ACCEPTED:
The undersigned has received this profiosal and agrees to proceed. Enclosed is our financial
Slatement for yollf consideration.
CONSUMERS ENERGY
By:
Its:
Dated: - - - - - - - - - - - . -
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··-·--•·--·-----
i Consumers~ i
: . ©©)@'7
A CMS Ene1gy Camoany Mushe{J0/1 S~rviee Center T81· 231 122 95<6
202 t Hoy! SIie et Fa.t. 231 726 2950
MusHecon Heights. Ml ,19444
Emergetries & 0111/ng OuoshoM:
I 800 '77 >050
Januaiy 22, 2002
Greg E. Brendel
Westwood ConstIUction Company
900 Third Street
Suite204
Muskegon, MI 49440
· Dear Mr. Brendel
I
As requested from our meeting on Jan*ary I 0, 2002, the cost estimate to relocate the
primary overhead and underground di~tribution lines is $98,000. These costs are for the
relocation of the primary overhead distribution lines that are currently underbuilt on the
46 kV transmission line poles and the primary underground distribution cables that run
along the east side of Terrace Avenue fowards the railroad tracks.
11tis estimate is strictly conceptual in 1111ture and is our best guess estimate based on a
conceptual design, The actual final co~t is dependent on several parameters, including
final route, labor bids, materials, etc. 'the actual amount billed will be based on a more
accurate work order estimate (prepare1 after the design is complete).
These costs are based on the followin~ conditions:
l. The relocation of the overhead[primary distribution line that is currently built
underneath the 46 kV transmis~ion line. The new route will start at a mid span
pole located near the intersectibn of Western Ave and Pine Street and follow lhe
proposed 46 kV transmission line along Westem Avenue, then west on Terrace
Street to a riser pole, which fe~ds the underground primary distribution line.
2. The relocation of the undergroiind primary distribution line that currently follows
the property line along Terrac~ Avenue. The new line would follow the contour
of the new property line betwefn the new riser pole and the train track.
3. The estimate does not include ~y associated charges for supplying service to the
proposed building. Please cont~ct Henry Murphy 727-6515 for pricing.
!
4. Easements will be given to Co~sumers Energy at no cost.
5. The City of Muskegon will have rhe eastern side of Terrace Street closed west of
Morris Avenue to allow for th~ relocation of the underground primary distribution
line.,
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A CMS En,rgy Company Musk,aon Se,vict, C8ntsr re,· 211 12<9546
2021 ff<lyt s11..r F,x: 231 126 2950
MusJ<,gon He,gnr,, Ml 494'4
Emergonc1es & 81/flng Qusstlons:
I 800 4715050
6. [ftemporary poles are require4 to expedite the removal of the current distribution
and transmission lines/poles, aji additional non-refundable $17,500 will be
required. ·
7, The areas that will have undervound cable installed must be at+/. 4" final grade.
8, Hazardous waste contaminatioh that may be present at locations where
Consumers Energy's facilities r,'OUld be installed will probably require additional
charges depending on the exacJ nature of the contamination.
'
9. Consumers Energy receives a $25,000 down payment from Westwood
Constnu:tion Company by FebfUary 6, 2002 with the balance due prior to the
construction date and based oni a finalized work order. Include on the check the
following Request# 02017418(
#'1°~
John P. Brack
Circuit Engineer
2
Date: May 13, 2003
To: Honorable Mayor and City Commissioners ·
From: Community Relations Committee
RE: Recommendations to the Public Relations
Committee
SUMMARY OF REQUEST: Concur with the Community Relations
Committee to approve the following:
1. Resignation of Dan Narowitz from the Zoning Board of Appeals
2. Resignation of Jill Montgomery from the District Library Board
3. Removal of Stanley Hussey from the Housing Commission Board
with concurrence of the City Manager.
4. Appoint Jill Montgomery and Pat Strum to the Public Relations
Board
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Natural Gas to Lakefront Development
SUMMARY OF REQUEST:
Authorize staff to sign the enclosed agreement with DTE Energy/MichCon to provide and
install the necessary lines carrying natural gas for the entire development. The agreement
would be signed, if authorized, with option 2 for a total cost not to exceed $162,903.
FINANCIAL IMPACT:
The cost to construct the necessary lines within the development is estimated at $162,903.
BUDGET ACTION REQUIRED:
None at this time. The cost will be borne by the CMI grant to the extent
available/approved and overage via special assessment to the development as per
property transfer agreement.
STAFF RECOMMENDATION:
Autherize staff to sign the enclosed agreement and issue a notice to proceed to Michcon to
perform the necessary work.
COMMITTEE RECOMMENDATION:
Mav 6 °003 Jl]:06.A.M Ho.2451 P. ·1
m1chcon
A DTE Energy Compauy
Michigan Consolfrlaled O@ Compa-ny
P.O. Box 420, Grand Rapids, Mlchlpan 4050J-04W
Friday, April 25, 2003
Mr. Mohammed Al-Shatel
Muskegon City Hall
933 Terrace Street
Muskegon,MI49443
Dear Mr. Al-Shatel:
Re.: Edison Landings
Thank you for choosing DTE Energy!M:ichCon to provide natural gas facilities to Edison
Landings, Parcels "A" thru "P" via easements provided in the 66 foot Right of Way of
Edison Landing (Smmt Zone Park), in City of Muskegon.
The Edison Landings property is identified as a hazardous waste contamination site. As
required, to install facilities in and around Edison Landings, precautions have been
recommended for not disturbing the soil condition, DTE Energy/MichCon will be
following all the required procedures to meet this requirement, In order to install gas
facilities in and around Edison Landings subdivision, DTE Energy/MichCon will have to
install 5,210 feet of natural gas main, and provide individual gas service line(s) to each
building/structure as and when they are built. The applicant for the service line will be
assessed a $200.00 connection fee for each individual service line and a single meter.
The connection fee for multiple meters installed at a single location from a single service
line is $100 dollars per meter.
DTE EnergytM:ichCon can construct natural gas facilities under one of the three options
offered below:
Option 1. Install 5,210 feet ofrequired natural gas mains in the easements/right of
way provided, with the provision that each parcel will make application for natural gas
service as and when they are constructed. Under this option, MichCon will charge the
City of Muskegon, for only the gas mains, with no credits, against construction cost. Each
service line facility constructed in this option, would be charged to the appropriate
applicant. Total Cost: $268,938,00.
Option 2. Install 5,210 feet ofrequired natural gas mains in the easements/right of
way provided, and provide service facilities to the parcels that have been sold, and the
parcels are identified below. A revenue credit will be applied against the cost of the
facilities, Total Cost: $162,903.00 (This includes service lines to parcel "A''. "B", "C''.
"H' "J & "K)', "L,, & "M"}
1
1
1
',
Ma•. 6. 2003 10:06AM llo 1 45! P
m,ct;con Michigan ConsolfciatflrJ Gas Company
P.O. Box 420, Grand Rs.p1ds, Michigan 49501~0420
Option 3. Install only 2,380 feet ofrequired natural gas main of the total required
natural gas /mains just to serve parcel "C" and provide a gas service line to the facility
under construction on parcel "C".
Total Cost: $102,060.00
Please note that if the project is executed in phases, DTE Energy/MichCon will have to
mobilise a special crew to install gas mains. There is a " Mobilization Fee" of $3,000.00
for each instance. MichCon would be required to revisit and install a piece of main in the
proposed contaminated site to serve the proposed parcels.
In our opinion Option 2 would be most appropriate, as this would enable DTE
Energy/MichCon to install gas mains as a one time process and provide service to the
proposed buildings as and when they are built. This will enable the City of Muskegon to
take advantage of the proposed loads that would be attaching to these proposed gas
mains.
We are looking forward to working with you on this project and would be happy to
evaluate additional options that you might have in mind,
If this is acceptable, then please attach a check totaling to $162,903.00 payable to DTE
Energy/MichCon along with a signed copy of this letter. Allow a minimum of 54
business days for MichCon to install the facilities after the payment is received.
Please note the project name on the check for identification and processing. Mail your
check to:
DTE Energy/MichCon
Attn.: Suresh C Bhargava
P.O.Box: 420
Grand Rapids MI 49501-0420
Should you have questions, my phone number is 616-776-2821. Thanks again for
choosing DTE Energy/MichCon.
Sincerely,
~i,(,11,?_¾f
~t'mlfrglva
Lead Marketing Representative
Please note this offer is valid for next 30 days from the date of this letter
A l>vb11/dl.iry al MCN Carnoratlon, Dstrort, Ml
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Easement to Consumer Energy
SUMMARY OF REQUEST:
Consumer Energy is requesting an easement across lots 1, 2 &3 of Block 557 to relocate
their high voltage lines to accommodate the construction of Shoreline Dr. This high
voltage line has a pole that is setting in the middle of the proposed intersection of
Shoreline Dr. & Terrace St.
FINANCIAL IMPACT:
None
( r
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Grant easement with the condition that it will be vacated when the lines are no longer present
within.
COMMITTEE RECOMMENDATION:
Resolution# 2003-4 2 ( g)
MUSKEGON CITY COMMISSION
Upon motion made by Commissioner Larson, seconded by Vice Mayor Buie, the following
Resolution was adopted:
RESOLVED, that the City of Muskegon, Muskegon County, Michigan does hereby grant an
easement to Consumer Energy to relocate their high-voltage lines to accommodate the
construction of Shoreline Drive.
WHEREAS, the land is in the City of Muskegon, and described as:
The North½ of Lots, 1, 2, & 3 of Block 557 of the Revised Plat of 1903 of the City of
Muskegon, being a subdivision of a part of the Southeast¼ of Section 19, Township 10
No1th, Range 16 West.
NOW, THEREFORE, BE IT RESOLVED that the request for an easement is approved with the
condition that it will be vacated when the lines are no longer present within.
th
Adopted this 13 day of May 2003.
Ayes: 7
Nays: o
Absent: o
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 13, 2003.
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.
By:
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Form 314
EASEMENT FOR ELECTRIC LINE EIIBINEERINS DEPT.
:2003-'\2 !<Jl
61-24-205-556-0001-00
File# 4460
Grantor, for good and valuable consideration to him paid by CONSUMERS ENERGY COMPANY, a Michigan
corporation, One Energy Plaza, Jackson, Michigan, Grantee, receipt of which is hereby acknowledged,
Conveys and Warrants to Grantee, its successors and assigns, Forever, the easement and right to enter
upon the land hereinafter described and to construct, operate, maintain, repair, inspect, replace, improve,
enlarge and remove electric transmission and distribution facilities consisting of one line of towers, pole
structures, poles, or any combination of same, with wires, cables, conduits, crossarms, braces, guys,
anchors and transformers and other fixtures and appurtenances and electric control circuits and devices in,
over and across said land, including all public highways upon or adjacent to said land, which land is in the
City of Muskegon, County of Muskegon and State of Michigan, and described as:
The North 1 /2 of Lots 1,2, & 3 of Block 557 of the Revised Plat of 1903 of the City of Muskegon,
being a subdivision of a part of the Southeast 1/4 of Section 19, Township 10 North, Range 16 West.
Said line of towers, pole structures or poles is to be located in, over and across said land on a center line
described as:
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Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Change Order to Washington, Franklin to Lakeshore Dr. Project
SUMMARY OF REQUEST:
It is respectfully requested that if the special assessment district is established for Franklin,
Washington to Michigan, the items of work to reconstruct Franklin be added onto the
contract with Prince Bridge & Marine for the Washington St., Franklin to Lakeshore Dr.
Project.
The estimated value of this proposed change is $75,487.50. which when compared with
the other contractors who bid on the Washington St. project was found to be the lowest.
FINANCIAL IMPACT:
The construction cost of $75,487.50 pus associated engineering cost.
BUDGET ACTION REQUIRED:
This project if approved will be added to the list of projects in the next quarterly update.
STAFF RECOMMENDATION:
Approve the change order
COMMITTEE RECOMMENDATION:
H-1569, S-586 FRANKLIN ST. WASHINGTON AVE. TO MICHIGAN AVE.
STREET & SEWER IMPROVEMENTS
ENGINEER'S ESTIMATE APRIL 17 2003
DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 ADJUST MANHOLE CASTING 1 EACH $300.00 $300.00
2 AGGREGATE BASE COURSE 22A@8" C.I.P. 1360 SQ.YD. $5.00 $6,800.00
3 BIT LEVELING MIX 3C@ 165#/S.Y. 112 TON $40.00 $4,480.00
4 BIT. TOP MIX 4C MOD. POYLMER ASPH. @ 220#/S.Y. 150 TON $60.00 $9,000.00
5 CATCH BASIN PER DETAIL 1 EACH $1,300.00 $1,300.00
6 CONG. CURB & GUTTER F-4 MOD. 660 LIN. FT. $9.00 $5,940.00
7 CONG. DRIVE APPROACH 6" STD. 49 SQ.YD. $28.00 $1,372.00
8 CONC. SIDEWALK4" 395 SQ.FT. $2.50 $987.50
9 MACHINE GRADING MOD. 3.24 STA $500.00 $1,620.00
10 MANHOLE CASTING E.J.#1000 OR EQUAL 2 EACH $500.00 $1,000.00
11 MANHOLE STD. 4' 1.D. O' TO 10' DEEP 2 EACH $1,500.00 $3,000.00
12 REMOVING CATCH BASIN 1 EACH $300.00 $300.00
13 REMOVING CONC. DRIVE APPROACH 63 SQ.YD. $6.00 $378.00
14 REMOVING CONC. SIDEWALK 390 SQ.FT $1.00 $390.00
15 REMOVING MANHOLE 3 EACH $500.00 $1,500.00
16 REMOVING PAVEMENT 1360 SQ.YD. $5.00 $6,800.00
17 SAND REFILL 1240 CU.YD. $6.75 $8,370.00
18 SANITARY SEWER 15" SDR 35 317 LIN. FT. $32.00 $10,144.00
19 SANITARY SEWER 16" O.C.I. 66 LIN. FT. $55.00 $3,630.00
20 SANITARY SEWER 6" SOR 35 65 LIN. FT. $28.00 $1,820.00
21 SANITARY SEWER 8" SOR 35 47 LIN. FT. $28.00 $1,316.00
22 SANITARY SEWER WYE 15"X6" SOR 35 2 EACH $300.00 $600.00
23 STORM SEWER 1O" SOR 35 10 LIN. FT. $25.00 $250.00
24 TERRACE GRADING 324 LIN. FT. $10.00 $3,240.00
25 TRAFFIC CONTROL 1 LUMP $950.00 $950.00
SUBTOTAL $75,487.50
20% ENGINEERING $15,097.50
TOTAL $90,585.00
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Air-conditioner units in the P.D.@ City HAIi
SUMMARY OF REQUEST:
Authorization to enter into a $31,949.45 contract with Bowen Refrigeration & Heating, out of
Muskegon (1152 Getty St.), to install five (5) air-conditioning units. Four of those units will
be installed in the P.D@ City Hall and one will be installed at McGraft Park.
The City Hall units are needed to supplement the inadequate air from the P.O. air handler.
FINANCIAL IMPACT:
The cost of $31,949.45 which includes purchasing and installing the units.
BUDGET ACTION REQUIRED:
None at this time. The cost of the P.D units was anticipated and budgeted for. The cost
of the McGraft park unit ($2,730.00) will be out of the McGraft Park fund.
STAFF RECOMMENDATION:
Authorize staff to enter into a contract with Bowen for the purchase & installation of all five
units.
COMMITTEE RECOMMENDATION:
Air-conditioner bids for PD and McGraft Park
Husrst Mechanical Inc.
Chiefs & Old Narc's Office-----------$ 9,510.00
Detectives------------------$11,3 70. 00
Community Cops-------:$ 5,895.00
McGraft P a r k - - - - - - - $ 6,015.00
TOTAL----· - - - - $ 32,790.00
Bowen Refrigeration, Heating and Cooling
Chiefs and Old Narc's office----$ 9,553.00
Detectives-----·-------------$ 12,339.55
Community Cops--------$ 7,326.90
McGraft Park-----------$ 2,730.00
TOTAL------- - - - : $ 31,949.45
Bowen sent a recommendation to tie this into a windows based DDC for $2,831.00
I recommend we use Bowen Refrig. For this project.
CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION
Small and Limited Projects
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
Michigan, and Bowen Refrigeration. Heating and Cooling ("Contractor"),
of Muskegon , Michigan, for a small or limited project, and is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and materials set forth in the Statement, of
Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished
in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on
or before June 30. 2003
Contractor will perform as set forth above for the complete contract price of$ 31,949.45.
Conditions and Covenants
Contractor will comply with all laws, rules and regulations of the City. and any other local government
of the State of Michigan and the United States Government. Contractor will supply insurance as
required by separate written document, naming the City as an additional insured, if appropriate, and
shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the
City harmless against any and all claims for damages or costs made against the City arising from
Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of
any damage determined against the City.
Contractor certifies that it is eligible for performance of government work and has not been cited or
listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
Michigan or the Federal Government.
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
be liable for normal contractual remedies available to the City. In the event liquidated damages for
nonperformance age agreed to, the following amounts constitute liquidated damages:
$_,_,N::.:.IA_,__ _ per day of nonperformance.
Nondiscrimination Compliance
Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
· executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.
The parties agree to performance of this contract by signing below. The effective date of this
agreement is May 14 , 2003 .
Witnesses:
r ,
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CITY OF MUSKEGON
By J ,p/_,~ S -1>- o)
an~ v ~ $
Ca W\, ".s-,r 1'... V\ ft. 1.,T,\,"1 D..,,-"
\IV\
CITY OF MUSKEGON
Contract Between
City of Muskegon
and
STATEMENT OF WORK
See attached scope of services.
Initials:
Contractor: ·1 )R6
city: ~ , e,&,
taff member)
CITY OF MUSKEGON
REQUEST FOR BIDS
The City of Muskegon plans to add additional air-conditioning to supplement the existing
air-conditioning in four offices of the Police Dept., also the Community Bldg. at McGraft
Park.
The City is requesting qualifications and bids from Air-conditioning Contractors, who
possess the necessary qualifications and experience and who are interested in providing
services for this project.
QUALIFICATIONS
For the qualifications portion of your submittal, the following information must be
submitted.
I. A brief history of your firm.
2. Key personnel to be assigned to the project.
3. The firms Affirmative Action plan and current employee profile.
4. Identify any subcontractors and their qualifications.
SCOPE OF SERVICES
To install supplemental air to four offices in the Police Dept.
The four offices below are listed with the minimum requirements.
I. Chief ofPolice------18,000 BTU's, high wall evaporator coil.
2. Old Narcotics office---18,000 BTU's, high wall evaporator coil.
3. Detectives office---- 2-30,000 BTU split duct system units.
4. Community Police office----36,000 BTU's, split duct system.
The Chiefs office and the Narcotics office will have 1- 36,000 BTU dual circuited
condenser.
One of the three options below will be used for control.
Sensors with remote 7 day programmable thermostats.
Attached to Johnson Metasys Companion, DDC
Or DDC through PC, windows based.
McGraft Park Community Bldg.-!- 36,000 BTU air-conditioner with a 36,000 BTU
horizontal air handler. Use a 7 day programmable thermostat, (5 and 2 setting).
You will supply all materials, including the A/C units, labor, and equipment necessary to
complete the installation. Acquire all permits associated with the project. Follow and
abide by all codes that pertain to the job.
Must meet the attached Insurance/Bond Requirements.
Their will be a pre bid meeting on 4-23-03 at 10:00 AM in the first floor conference room
# 103 at City Hall, 933 Terrace St. Muskegon Mi.
Bids are due by 2:00 PM on 4-30-03 in the City Clerks office at City Hall. At that time all
bids will be opened and read aloud. No bids will be excepted after the 2:00 PM deadline.
The completion date for this project is 5-30-03
PERFORMANCE BONO
KNOW ALL MEN BY THESE PRESENTS, that we,--~.........,.~--,-----
as. Principal, and ·. . . . ~ . - . . .
as Surety, ~re held a~d firmly bound unto the City of Mu$kegon, its certain .· .
. attorney, successors <>r assigns (hereinafter called the Obligee) , in the fuU and ·
justsum of · · · · · · . . .. . · ·. . ·
dollars ($. .. . . l lawful money Qf the United States, for the ..
payment of which sum well and truly to be made, we bind ourselves, our heirs, ..·
.administrators, executors; successors and assigns,jointly and severally, firmly
by these presents: . · · · · · · ·
. ·. WHEREAS, said Principal has .entered into a certain contracfwith. bbtigee, ...
dated ~ - - - - - ~ - - ~ 20 • · ·· ~ (hereinafter called the Contract)
for: _ _ _ _ _-,c-~---,--,----c__c____,.-,-..;..c__ _ _ _~ - ' - - : - " - - c - - - - ~
.and the specifications for ,;,aid work shall·· be deemed a part hereof as fully ·• .
~b~~~tHoi~;;b~i, THE CONDITIONS OF THIS OBUCATION ARE SUCH THAT: •
(a) ·it the P;incipal shall faithfully perform the Contract ~n. hi~/her part, as of
the time and in the manner therein provided; shall satisfy alfclaims and
demands incurred in or for the. same, or growing otit of the same, or·for ·. . . .
injury or damages to persons or prop1;1rty in the performance the~eof; shaH .•
fuUy indemnifyand save harmless saidQbligee.frOm any.and all cost and ·.·
damage which the Obligee may suffer by reason of the Principal's failure to .
·. do so; and shall fully reimburse and par the Obli{Jee any and all outlay ami . ·
• expense whi.ch it may occur by reason Of such default; and .
(b) lf;after completion and ~cceptance.ofthe Work by the Obligee, the •·
Principal shall promptly remedy any defects in the work due to faulty .
materials or workmariship which shall .appear within the period <:>f one year
from the date of completion and final acceptance of the work, and pay for ·
any damage to said Obligee, to the St;tte <>fMichigan, <>r to any municipal
· subdivision or local authority there<>fto Which the rights and privileges e>f
said Obligee have passed or be~m assigned, then this obligation $hall be ·
null and void; otherwiseitshall reinain in full force and virtue. . . . .
·. The said Surety, for value received, h~r~byistjpulates ~nd ,igrees that no change,· . ·
extension of time, alteration or addition to the terms of the Contract to the work to
be performed thereunder, or to the specifications accompanying the same, shall· ....
il'I any wise affect its. obligations on this E3ond; andJt does thereby Waive notice of· .
•. any such change, extension of time, alteration or addition to the terms qf the ·
Contract, or to ttie Work or specifications. ·. .
20
PERFORMANCE BOND
. It is hereby further stipulated and agreed that, Uthe Principal is a non•Michigan .
. Corporation, neither the Principai nor the Surety shall be· discharged from liability ori this
a
... Bond, nor. the bond surrendered, until such PrincipalJiles with. the Obligee. certificate
. from the Michigan.Oepamrient of Revenue evidericing the paymentin run of au taxes,.··
penalties and/or Interest; and a certificate from the Unemployment Compensation
all
. · Commission evidencing the paymanet of unemployment cQinpensation contributions,
penalties arid/or interest, due the State of ninchigan from saic:I Principal, or any non- . .
Michigan corporation, s.ubcontractor thereunder, or for Which liability has accrued but .
the time for payment has not arrived. . .. . . . .. . .
SIGNED, SEALED A"'D DELIVERED .IN ·-·-~......,.--ORIGINAL COUNTERPARTS
. THIS-~----··DAY OF_··--'---_;_.----' 2Q _·- - ~
lndi\1idual
. Principals Sign Here:
. .
In the Presence of:
-~~----'----~--~{SEAL)
---'---'--~--~-~'---(SEAL)
---,----,-----~-~---'-c------'-'·(SEAL) .
. ' . .
Corporate Principals Sign Here: Attest: .
(Printed Name and Title)
. Surety Sign Here: Attest:
(Printed Name and Title) . ·
. The rate of premium charge is $_~-,-c.--..,.,,..~~-~---''-'-~~-·· per thoursand;
The total amount ofpremium chargedJs $_._··~---'-~-'-'-----'-~.,..;....--'--"--'-'-.,-.'---
. · (to be fille(I In by the Corporate Surety)..
·... 21
19. · · SUBCONTRACTS
a. The Contractor shall not execute an agreement. with any Subcontractor or
permit any sµbcontractor to pert'olin any wortc included In this Contract until
he/she has submitted a non-collusive affidavit from the subcontractor and
re.ceived written approval of such.subcoritract<>r from the City of Muskegon,
b. The Contractor shall be as fully responsible to the City ofMuskegc:,n for the
acts and omissiQns of hislher Subcontractors, and of persons either directly
· or.indirectly employed by them; as he/she is for the·acts and.omissions of
persons directly employed by the Con.tractor. ·
c. The contractor shall cause appropriate provisions to be inserted ht all Sub~ ·
contracts relative to compliance by each Sub• contractor with the provisions .
of this Contract · · ·
d.
· No proposed Subcontractor shall be disapproved by the City of Muskegon
except for cause. Nothing contained in this Cpntract shall create ;my ·
contractual relati.on between any Subcontractor and the.City of Muskegon; .
INSURANCE AND INDEMNITY . •. . . .• .. ·. .·.· . . · ..• · .·... • ·.. ·. ·.· ·.. •. . . . . ·.· . .· .··
20. ·.
a. Hold. Harmless Agreements~ . To the fullest extent penniUedby law, ·..
Contractor and Subcontractors agree to defend, payJn behalf of, indemnify;
and hold harmless the City of Muskegon, their elected and appointed
officials, employees, volunteers, and others worldng on behalf of the CITY ·
OF MUSKEGON against any and. an claims, dema11ds; suits, . or loss,
including all
costs connected therewith, and for any darnages \llhlch may be
asserted, claimed or recovered against or from the CITY OF: IIIIUSKEG9N and
their. elected and appointed officials, . employees, .. voh1nteers,· or others '
working .on behalf of.the CITY OF MUSKEGON by reason of personal injury,
including ·bodily injury and deatl:t, property damage, including loss of use.
thereof, andfor the effects of or release of toxic and/or hazardous material
which arises out of or is any way connected or associated with this cqntract. . · ·
The obligation . to defend and h.old harmless · extends to ¢ontracfor's ·
employees, agents, subcontractors, assigns and successors.
·.34.
21- iNSUAANCE AND INDEMNITY - continued
b. Contractor. Insurance Requirement. · Contractor and Subcontractors. shall
not commence work under, this contract Until obtaining the insurance
·required under . this .paragraph .. · • · All coverages. shall be .· with ·insurance
· companies licensed. and admitted to do business. in. the State of Michigan
and · Best Rated A VIII. · All coverage shal(. be with Insurance carriers
acceptable to the CITY OF MUSKEGON. . . . .. .. . . .
c. Workers' Compensation insurance; . The Contractor and. Subcontractor
shall procure .and maintain during the life of this contract, WO.rkers' .
Compensation · Insurance, including Employers · Liability Cove.rage, · in
accordance with alfapplicable Statutes of the State ofMichigan;
d. . Commercial General Liability lrisurance. · 1"he Contractor shall procure and
main1:ltin ·. during . the . ·Ufe .. of this. contract, commercial general·, Lial>mty .
. Insurance ori an "Occurrence Basis" with limits of liability not less than
$500,000. per· occurrence and/or aggregate combined sjngle limit. •Personal
. Injury, Bodily· 1njury and. Property Damage·. coverages sllaH be included.
Coverage shall a!so i11clude the following extensions: · (A) Contractual ·
Liability; (B.} .·. Products and · Compieted Operations; ·• (C) Independent •. ·
Contractors Coverage; (D) Broad form Liability Extensions or equivalent; .··
(E) Deletion of all,explosion;.collapse and underground (SCU}exclusions, if ·
applicable.• The said insurance shall. cover liability caused by the activities
of any subcontractor.·. . · · ·.· · · · . .·· · •.·· .. . . . .. ·.
·.e. ·. Motor vehicle Uabmty. •·. The Contracfor shaH procure and maintain <luring
the life of this contract Motor Vehicle Liability Insurance, includiOg Michigan·.
No-Faillt Coverages, with limits of liability .for thirdparty claims of.not1es$ .
than $500,0f)O per occurrence or combined single limit Bodily Injury and · •
Property Damage:. Cove"'ge.$hall include all e>wnedvehicles, all non-owned
vehicles and all. hired vehicles. The. said insu.rance .shail cover liability
caused by ttteactivities oJ anysubcootractor. · · · · ·
f. Additional Insured. . Commercial General Liability and Motor Vehicle ·.·
· Liability Insurance, as described above, shl\11 include an endQrsement ·
· stating the following . shall be uAdditionaJ. Insureds" using • the following ·
language: "The CITY OF MUSKEGON and all elected and appointed officials,
·. all employees and vo.lunteers,. air boards, commissions and/<>r authorities ·
arid board members, including employees· and volunteers· thereof are hereby .
added as 'Additional Insureds'", · . .
g .. . cancellation Notice. . · . Workers'. ~ompensation hu1urance, .• Comrne.rcial ·•·
· G.eneral Liability Insurance and Motor Vehicle Liability Insurance, as
described above, shall include an endorsement .stating the fQllowing: ;'It is ·
understood arid. agreed that Thirty (30) days Advance WriJten Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent
· to: CITY OF MUSKEGON ENGINEERING DEPARTMENT... · . .
34a
21. INSURANCE AND IN.DEMNITY - continued·.
. .
h. Owner's and Contractor's Protective Liabiiity; The Contractor shall
procure and maintain during t!te life of this contract Owner's arid
Contractor's Protective Liability withliritits of liability not less than $500,000
per occurl'.ence and/or aggregate, combined single limit Personal Injury,
. Bodily injury and Property Damage coverages shail be ihcluded; The CITY ·
OF MUSKEGON shaH be "Na~d 1.risured" on thi!; coverage. Thii:t}I (30) days .
notice of cancellation to the.CITY.OF MUSKEGON shall be required. Said .i
insurance.· shail . cover liability.· caused ·. by . · the activities of·. any
subcontractor(s) either .by means .of a •rider attached to the Prime
Contractor's · Certificate of Insurance indicating . this . coverage ·.. for
·subcontractors; or the subcontractor(s) shall submit. their own Certificate of ·
Insurance, . . . . .. .
' . . . ·- . . . . . .
i. Proof of Insurance Coverage. The Contractor and Subcontractors shall
provide the CITY OF MUSKEGON at the time the contracts are returned by
· him for eX:ecution,.certificates and. p0.licies endorsing the City of Musk!!g,;>n
as additional insured as listed below: ·
(1.) . ·· Two (2) Copies of Certificate of Insurance for. Workers'
Compensatlon•lnsurance; ·· · · ·
(2.) Two (2}copies of certificate of Insurance for commercial
· General Liability Insurance; · · ·
(3.) . Two (2) copi~s of Certificate ofInsurance for Vehicle Liability ·.
· Insurance; · · · ·
(4.) . ·.·· Original f'qlicy, or original Binder pending Js~uance of.policy, •..
for Owner's. and Contrac;tor's Protective. Liability Insurance; ·.
. (5.) If so . requested,. Certified Copies. of all policies mentioned .•...
above will be furnished. · · ·· · ·
j.. if any of the above coverages expirn during the term of this contract, the
·Contractor and .Subcontracto.rs shall deliver renewal certificates and/or policies to •
·. CITY OF. MUSl<J:GON at ~ast ten (10) days prior to the expiration date;·.· ·
MATERIALS AND WORKMANSHIP ..· . ·.. ·· ·. . . . ·.· ·. ·· .. ·....·. . . .· ·.. . ..·. .· . ...
22.
a. Unless Otherwise specifically provided for• in Jhe rechn•ic~lor Special · ·..
· Specifications, an workmam;hip, equipment, materi~ls ~nd. articles. Incorporated in ·
· the work shaU be n11w and the best grade of the respectfva kinds for the purpose.
.Where equipment, materials, articles or workmani;hip are referred. to. as "equal to"
any particular standard, the City of Muskegor:i wiH decide the question of equality.
· · b. The City of Muskegon may require .~he Contractor to disn-tiss from this··
Project such employee{s) as . the City of .Muskegon may deem incompetent, •
careless, a11dfor insubordinate;
35
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Boiler Assembly @ City HAIi
SUMMARY OF REQUEST:
Authorization to enter into a $29,162 contract with Monarch Welding & Engineering, of
Muskegon (519 W. Hackley), to purchase and install a 1,000,000 BTU on the high end and
280,000 BTU on the low end. This boiler will be used during Spring, Summer & Fall instead
of the existing boilers which require more electricity and gas.
The installation of this type of boiler was part of the Energy Audit recommendation that was
performed two years ago. The expected pay back was estimated @ 12-years.
FINANCIAL IMPACT:
The cost of $29,162 which includes purchasing and installing the units.
BUDGET ACTION REQUIRED:
None at this time. The cost of was anticipated and budgeted for.
STAFF RECOMMENDATION:
Authorize staff to enter into a contract with Monarch Welding & Engineering for the purchase
& installation of the bioler.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
AGREEMENT FOR SERVICES OR CONSTRUCTION
Small and Limited Projects
THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon,
Michigan, and Monarch Welding and Engineering, Inc. ("Contractor''),
of Muskegon , Michigan, for a small or limited project, and is made in the following terms:
Agreement and Performance
Contractor agrees to perform and supply all the services and materials set forth in the Statement of
Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished
in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on
or before June 30. 2003
Contractor will perform as set forth above for the complete contract price of$ 29,162.00
Conditions and Covenants
Contractor will comply with all laws, rules and regulations of the City, and any other local government
of the State of Michigan and the United States Government. Contractor will supply insurance as
required by separate written document, naming the City as an additional insured, if appropriate, and
shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the
City harmless against any and all claims for damages or costs made against the City arising from
Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of
any damage determined against the City.
Contractor certifies that it is eligible for performance of government work and has not been cited or
listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of
Michigan or the Federal Government.
Termination and Cancellation
This contract may be terminated for failure to perform in accordance herewith, and Contractor shall
be liable for normal contractual remedies available to the City. In the event liquidated damages for
nonperformance age agreed to, the following amounts constitute liquidated damages:
$_NIA~-- per day of nonperformance.
Nondiscrimination Compliance
Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the
City, State and Federal Governments including, but not limited to, the provisions of Executive Order
11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and
for Handicapped Workers. If required by the City and appropriate for the services in this contract,
Contractor shall comply with City oversight procedures. The provisions of all said policies, rules,
executive orders and laws regarding nondiscrimination and affirmative action are available from the
City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon,
Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion.
The parties agree to performance of this contract by signing below. The effective date of this
agreement is 01.t'V:f 15" . 1,00:?. .
CITY OF MUSKEGON
sYJ2;7,An,"l&d,1_ 11/4t!.t{ z/30/ 3 0
and J., R,~ 6..._J()-9 '1
I
CITY OF MUSKEGON
Contract Between
City of Muskegon
and
Monarch Welding and Engineering, Inc.
STATEMENT OF WORK
To supply and install a Laars Hydronic Heating Boiler, (Model #PNCH1 000NBCN1 CXH).
Furnish all material, labor and permits to complete this project.
Initials:
Contractor: - ~.:.. JB
'-=.--_
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Monarch Welding &
Engineering, Inc.
··----------------------------
.is Principal, and
Ohio Farmers Insurance Company
as Surety, are held and firmly bound unto the City of Muskegon, its certain
attorney, successors or assigns (hereinafter called the Obligee) • in the full and
Justsumof Twenty Nin Thousand One Hundred Sixty Two Dollars
dollars($ 29,162.00 ) lawful money Qfthe United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
administraton,, executors, successors and assigns, Jointly and severally, firmly
by these presents:
WHEREAS, said Principal has entered into a certain contract with Obligee,
dated May 15, 2003 , 20_jll__, (herelttafter called the Contract)
for: _.......,S:.:u,.,p"'p-=ly.,_,a"'n""d'--"I'-'ns,,_t,..a..,1_,l....,,a-'L""a,~a,ercesc...H,._y..,d.,r,.,o"'n""i_,._c....,H,.,e.,,as,t.,ein,._g.._,B,,oc,i'-"l:s.er.__ _ _ _ __
and the specifications for said work shall be deemed a p;ut hereof as fully
as if set out herein:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT:
{a) If the Principal shall faithfully perform the Contract on his/her part, as of
the time and in the manner therein provided; shall satisfy all claims and
demands im;urred in or for the same, or growing out of the same, or for
injury or damages to persons or property in the performance thereof; shall
fully indemnify and save harmless said Obllgee from any and all cost and
damage which the Obligee may suffer by reason of the Principal's failure to
do so: and shall fully reimburse and par tile Obligee any and all outlay and
expense which it may occur by reason of such default; and
(b) If, after completion and acceptance of the work by the Obligee, the
Principal shall promptly remedy any defects in the work due to faulty
materials or workmanship which shall appear within the period of one year
from the date of completion and final acceptance of the work, and pay for
any damage to said Obligee, to the State of Michigan, or to any municipal
subdivision or local authority thereof to which the rights and privileges of
said Obligee have passed or been assigned, then this obligation shall be
null and void; otherwise it shall remain in full force and virtue.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract to the work to
be performed thereunder, or to the specifications accompanying the same, shall
in any wise affect its obligations on this Bond; and it does thereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
Contract, or to the work or specifications.
20
"!H-13 'i :iutPl"l'l Ll""'"uow __eo1,:01 __ eo Ee Rew
C" d._ tI12-lEI..ITE21
i:OOWI N!\Oll\l 'll N,I\Oll\l C89C fl:g 61v XVil l9: 60 C0/66190
PERFORMANCE BONP
It is hereby further stipulated and agreed that, If the Principal is a nan-Michigan
Corporation, neither the Principal nor the Surety shall be discharged from liability on this
Bond, nor the bond surrendered, until such Principal files with the Obllgee a certificate
from the Michigan Department of Revenue evidencing the payment in full of aU taxes,
penalties and/or interest, and a certificate from the Unemployment Compensation
Commission evidencing the paymanet of all unemployment compensation contributions,
penalties and/or Interest, due the State of Michigan from said Principal, or any non-
Michigan corporation, subcontractor thereunder, or for which liability has accrued but
the time for payment has not arrived.
SIGNED, SEALED ANO DELIVERED IN _ _ __ __ORIGINAL COUNTERPARTS
THIS ___
23_r_d_ _ DAY OF __ y _ _ ___, 20 fil._ _ _.
M_a_
Individual Principals Sign Here: In the Presence of:
_ _ _ _ _ __ _ _ ,_ _ __ _ (SEAL)
_ _ _ _ _ _ _-'--_ __ __ _ (SEAL)
_ _ _ _ _ _ _ _ __ _ _ _ (SEAL)
(Printed Name and Title)
Surety Sign Here: Attest:
Cn~
Power of Attorney
The rate of premium charge is $ _ _ __4_._s_o___ ______ per thoursand.
The tot.al amount of premium charged Is $._ _ l::._3_1_._o_o_ _ _ __ __ _ _ _ _ __
(to be filled in by the Corporate Surety).
21
fooTP!
19'. SUBCONTRACTS
a. The Contractor shall not execute an agreement with any Subcontractor or
permit any subcontractor to perform any work included in this Contract until
he/she has submitted a non-collusive affidavit from the subcontractor and
received written approval of such subcontractor from the City of Muskegon.
b. The Contractor shall be as fully responsible to the City of Muskegon for the
acts and omissions of his/her Subcontractors, and of persons either directly
or indirectly employed by them, as he/she is for the acts and omissions of
persons directly employed by the Contractor.
c. The Contractor shall cause appropriate provisions to be inserted in all Sub-
contracts relative to compliance by each Sub- contractor with the provisions
of this Contract.
d. No proposed Subcontractor shall be disapproved by the City of Muskegon
except for cause. Nothing contained in this Contract shall create any
contractual relation between any Subcontractor and the City of Muskegon.
20. INSURANCE AND INDEMNITY
a. Hold Harmless Agreements. To the fullest extent permitted by law,
Contractor and Subcontractors agree to defend, pay in behalf of, indemnify,
and hold harmless the City of Muskegon, their elected and appointed
officials, employees, volunteers, and others working on behalf of the CITY
OF MUSKEGON against any and all claims, demands, suits, or loss,
including all costs connected therewith, and for any damages which may be
asserted, claimed or recovered against or from the CITY OF MUSKEGON and
their elected and appointed officials, employees, volunteers, or others
working on behalf of the CITY OF MUSKEGON by reason of personal injury,
including bodily injury and death, property damage, including loss of use
thereof, and/or the effects of or release of toxic and/or hazardous material
which arises out of or is any way connected or associated with this contract.
The obligation to defend and hold harmless extends to Contractor's
employees, agents, subcontractors, assigns and successors.
-34-
21. INSURANCE AND INDEMNITY - continued
b. Contractor Insurance Requirement. Contractor and Subcontractors shall
not commence work under this contract until obtaining the insurance
required under this paragraph. All coverages shall be with insurance
companies licensed and admitted to do business in the State of Michigan
and Best Rated A VIII. All coverage shall be with insurance carriers
acceptable to the CITY OF MUSKEGON.
c. Workers' Compensation Insurance. The Contractor and Subcontractor
shall procure and maintain during the life of this contract, Workers'
Compensation Insurance, including Employers Liability Coverage, in
accordance with all applicable Statutes of the State of Michigan.
d. Commercial General Liability Insurance. The Contractor shall procure and
maintain during the life of this contract, commercial general Liability
Insurance on an "Occurrence Basis" with limits of liability not less than
$500,000 per occurrence and/or aggregate combined single limit. Personal
Injury, Bodily Injury and Property Damage coverages shall be included.
Coverage shall also include the following extensions: {A) Contractual
Liability; (B) Products and Completed Operations; (C) Independent
Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
(E) Deletion of all explosion, collapse and underground (SCU) exclusions, if
applicable. The said insurance shall cover liability caused by the activities
of any subcontractor.
e. Motor Vehicle Liability. The Contractor shall procure and maintain during
the life of this contract Motor Vehicle Liability Insurance, including Michigan
No-Fault Coverages, with limits of liability for third party claims of not less
than $500,000 per occurrence or combined single limit Bodily Injury and
Property Damage. Coverage shall include all owned vehicles, all non-owned
vehicles and all hired vehicles. The said insurance shall cover liability
caused by the activities of any subcontractor.
f. Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement
stating the following shall be "Additional Insureds" using the following
language: "The CITY OF MUSKEGON and all elected and appointed officials,
all employees and volunteers, all boards, commissions and/or authorities
and board members, including employees and volunteers thereof are hereby
added as 'Additional Insureds"'.
g. Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as
described above, shall include an endorsement stating the following: "It is
understood and agreed that Thirty (30) days Advance Written Notice of
Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent
to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".
34a
21: INSURANCE AND INDEMNITY - continued
h. Owner's and Contractor's Protective Liability. The Contractor shall
procure and maintain during the life of this contract Owner's and
Contractor's Protective Liability with limits of liability not less than $500,000
per occurrence and/or aggregate, combined single limit. Personal injury,
Bodily injury and Property Damage coverages shall be included. The CITY
OF MUSKEGON shall be "Named Insured" on this coverage. Thirty (30) days
notice of cancellation to the CITY OF MUSKEGON shall be required. Said
insurance shall cover liability caused by the activities of any
subcontractor(s) either by means of a rider attached to the Prime
Contractor's Certificate of Insurance indicating this coverage for
subcontractors; or the subcontractor(s) shall submit their own Certificate of
Insurance.
i. Proof of Insurance Coverage. The Contractor and Subcontractors shall
provide the CITY OF MUSKEGON at the time the contracts are returned by
him for execution, certificates and policies endorsing the City of Muskegon
as additional insured as listed below:
(1.) Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance;
(2.) Two (2) copies of Certificate of Insurance for Commercial
General Liability Insurance;
(3.) Two (2) copies of Certificate of Insurance for Vehicle Liability
Insurance;
(4.) Original Policy, or original Binder pending issuance of policy,
for Owner's and Contractor's Protective Liability Insurance;
(5.) If so requested, Certified Copies of all policies mentioned
above will be furnished.
j. If any of the above coverages expire during the term of this contract, the
Contractor and Subcontractors shall deliver renewal certificates and/or policies to
CITY OF MUSKEGON at least ten (10) days prior to the expiration date.
22. MATERIALS AND WORKMANSHIP
a. Unless otherwise specifically provided for in the Technical or Special
Specifications, all workmanship, equipment, materials and articles incorporated in
the work shall be new and the best grade of the respective kinds for the purpose.
Where equipment, materials, articles or workmanship are referred to as "equal to"
any particular standard, the City of Muskegon will decide the question of equality.
b. The City of Muskegon may require the Contractor to dismiss from this
Project such employee(s) as the City of Muskegon may deem incompetent,
careless, and/or insubordinate.
35
... •• : -.-~ ...... - . ·-. ·. . . . : __
' '
,:46a Dive,:sified Spec Sal~s ·· · 1, 269 . 96.4 304 9 p.:3
HOWLEYAG.E.NCYSALES,•·.co..·
EASTF.RN OffJCE, 1m1NOR'rfil.'NO. OA,K PARK;~:
WE8Tl!RNOfl'ICE; m
4'»1
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~ JU\'ERCEN'roR DR;,COMSTO,:K,ii~ Ml 49321' PIL{6l6)7S,.:~ f)((6I ..J78S.7341
w~- FXc,4S) ,,.,...
90, ·. . ·
Bll'ANCH O'FFICE: 1.&8 :FLORAL DR.; D/\.1"ltE'C!IBllt:,. ~ 49!)1' .Pll(:169) %4'2776 tl((:1$)964-J0,19
.. ' '.
JOB NAME:. City ofMuskegan,city Hall . ,.,
bUE DATE: ASAP
. . ·; . ··.·
LOCATION: Muske.\lat\;Ml, . QUOTE DATE:
' ''
4,~8/03
ARCHITECT: ,,·· Ql!OT~NUMBEB,:)~3
' ' TO: ~Olt Brink@ Moll&rcb w eldiilg ' REFERENCE: LAARS
. .. · PER
U#LAARS H¥J)RONICBEA
Youa#ouisT
TING..BOILER•*~ '
........ .
. . . . . . '·-·.
PENNAN'.I'.FAN~ASSiSitn BOIJ,ER . · . · · . ·.. .. ··
. 1- LA,,\RS MODEL #J:'NQllOO(INBCNl(:XH "Pl':JllNANf"
FAN-As~sTEJ> sEALEI> co~BusnoN,NATURAL GAS FIRED
C()PPERFIN TUJ,IE, OOMMERCIAL BOILER; PliMP ·. ·.. • ·· ·.· .· ...
MOUNT.ti), FL9W SWITd{; J60/fASME W~P.,~GA GAS TRAIN, . ·
SYURWARRANTV,S!!i"/4 EFFICiENtY,·$#·T&PREtIEF··.
VALY.E, THREE STAGE FllUNG. . . .. . ..
' input 9?9,00Q BTU's, OutpqfS39,000 Btu•s
Low Fire Approximately 280.000:~TIJ•s Output ..
YOlJRl'ACKAGE COST= $6,5$7.00 ·
FOlJ FACTORY . . . . · ·.
. . . NET 30 DAYS (with account status) ·
J'!RICE PROTECTION TllRU 7/2&/03.
PRIC:E DOES NOT INCLUDE TAX
.· DAVID GRJFFIN APRiL28,2003
Ma.~ 29 03 05:50p Monar9h.WeJi,jin~ -~ ENI>. 12.31J737-2111 p,3
Ff~: Del.I, .-=.itclt Al: Brown& Br'O'ffll Of mdlana, in, To: 101111\ ~a ... \lrn. 611;00:4-1 Date: ,,2.~103 ·mu_i; PM piijl;e 2 o1.'.J
ACQRD.
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tni)!Ji.i:i~f}i<'ffll.Alillw.---11'~--~).µi,:l!i~G-MF.YHll.r1DN
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Ma:;i ZS oa 05;50p Monarch Weldinr; & ENG, . (2311737-2111 p,4
Fro~: llolh KlrFI> At o,..., & Drown of llldllna, lrl. To: Johan . i.,,; (317] &17•CD47 Date; 112'.IIW lfl:5&.PU Pap,,:,., 3
IMPORTANT.
If t1ie c:ertificsle holoer ii an ADDITI~ INSURED, the pol~i!>Of ll)U~t tie endomd. A. oli,1,,ment
on Uli• oortiff,;ol!o doei nol "°"fer riJlhls lolhit•el1lll!;;ite ti,,litei In Imo ol 511</1. ""do<wmtfl~SJ.
. . . . .
HSUIJROGATION i s . ~ - subject IO u,e \e~ ~"" coiulili'lris ., Ille policy, """"' IX)!~ O>Oy
ffHIHire ~ endorsenvtnl ;A ft:ihl'.l:mP.nt nn thi.'1~,t)f!Cft_t&_~- riin t:an_fttr lighm·ta ~mt=~a
hOld91' in lieu ot su~ endnm!mM1l{s~·
lllJCertir!Cllle ol lnsUffln<e on lilt ,....... tide of U,I, l!)lmd,;..~ol<On&!il~lO coillilldi><:IWWn
1110""'"in9 lnsu"''(•J, autl>Om,,J ~ - or pffl<l~C<S, <Ind tti!l.c:9t1lflt;at<: Ml<!or, nor - ·~
alflmia!lvely or ~ y omond, -1\(i ot OIIH !M ~iwor•g,, Ml<>r!l,:<! fW Ill<> pollCle<i-d '"'""'"·
,: 46a Diversified Spec Sales 1 269 964 3049 p.3
HOWLEY AGENCY SALES, CO.
EAS'rE.RN OFFICE: 13261 NORTHEND, OAK PARK, Z,.,fi. 48237 PH.(248) 398-2400 FX (248) 547-4905
WESTERN OFFICE: 931 \VEST RIVER CENTER DR, COMSTOCK PARK, hll. 49321 PH.(616) 785-9000 FX(6l6) 785-7347
BRANCH OFFICE: 188 Fl.ORAL DR, BATTLE CREEK. MI. 4901.5 PH(269) 964-2776 FX(269) 964-3049
QUJ)TATION
JOB NAME: City ofMuskegan, City Hall DUE DATE: ASAP
LOCATION: Muskegan, Ml, QUOTE DATE: 4,'28/03
ARCHITECT: QUOTE NUMBER: 3043
TO: Scott Brink@ Monarch Welding REFERENCE: LAARS
PER YOUR REQUEST
•••LAARS HYDRONIC BEATING BOILER***
J,>ENNANT FAN-ASSISTED BOILER
1- LAARS MODEL #PNCHl000NBCNlCXB "PENNANT"
FAN-ASSISTED SEALED COMBUSTION, NATURAL GAS FIRED
COPPER FlN TUBE, COMMERCIAL BOILER, PUMP
MOUNTED, FLOW SWITCH, 160# ASME W.P.,AGA GAS TRAIN,
5 YEAR WARRANTY, 85% EFFICIENCY, 30# T&P RELIEF
VALVE. THREE STAGE FIRING.
Input 999,000 BTU's, Output 839,000 BTU's
Low Fire Approximately 280,000 BTU's Output
YOUR PACKAGE COST~ $6,587.00
FOB FACTORY
NET 30 DAYS (with account status)
PRICE PROTECTION TilRU 7/28/03
PRICE DOES NOT INCLUDE TAX
DA YID GRIFFIN APRIL 28, 2003
Monarch Welding & Engineering, Inc.
Boiler Repair • ASME Shop Fabrication • Structural Erection • Mechanical Installation
April 1,2003
Mr. J.R. Gann
Building Maintenance Supervisor
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443
Boiler Assembly
Inquiry# M03-042
Dear Mr. Gann:
We thank you for your inquiry and are pleased to submit our quotation for your consideration. We
purpose to furnish the necessary labor, tools, equipment, supervision and certain material to
assemble and install a used 15hp Weil McLain boiler in the boiler room at City Hall.
TOTAL LUMP SUM ................................................................ $ 22,575 00
Bid Qualifications:
• Following scope of services provided.
We trust you will find our price agreeable and hope to further. If you have any questions, please
contact me at (231 )-733-7222 to discuss further details.
Sincerely,
MONARCH WELDING & ENGINEERING, INC.
Scott Brink
Pipefitter Superintendent
Equal Opportunity Employer
I566 Tech Park Drive 519 JV. Hackley Ave 23538 Pinewood
Bay City, Ml 48706 M11skego11, Ml 49444 Warren, Ml 48091
i!f.~1,U,- !.'1:.;1~,I~' :viA ~:.•;!::-,:, 1::·-;,,11;;- 616.456,99,14f'rl
616.456.5936 e<
May 7, 2003 www.tpta.com
6/81 i:{trH 1\VF l\W ~Ufll_ ?!:ll
t:P,;\l~IJ 1;;,p1Jlf.;, M Cl I-GM~
,1950-1 t:3:1;~
Mr.JR Gann
City Of Muskegon
933 Terrace
Muskegon,Ml49443
Re: Muskegon City Hall
Boiler Selection
Architect Project No.: 01-867
Dear JR:
It was good to hear from you and we are encouraged to learn that City of Muskegon is proceeding with more
of the recommendations defined in our TEA report. We have reviewed the infonnation which you faxed to
us defining the several boiler options which have been proposed by your contractor. Based on our recent
experience, we have found several acceptable products among the non-condensing boilers of the low-mass
configuration. The type with fan assisted combustion and straight-through heat exchanger design provides
the best value for retrofit heating applications. On that basis, the PENNANT Series by Laars (we use
Lochinvar as our basis of design) would be our first choice if Tower Pinkster Titus were to be the designer of
record.
We recognize that there are two different sizes of the PENNANT model in the information which you faxed
to us. Selecting between these two is a design element of which we currently have no knowledge. We
recommend that services of a qualified design professional be secured relative to this part of the project. At
the very least, the City of Muskegon would benefit from involvement of such an entity in such matters of
design document and shop drawing submittal review. Tower Pinkster Titus would be pleased to develop a
proposal for such a work scope at your direction.
Sincerely,
TOWER PINKSTER TITUS ASSOCIATES, INC.
~~
James R. Speyer, P.E.
Project Manager
JRS/rjs
cc: TPTA File 01-867
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Removal of Underground Storage Tank, Shoreline Dr. East
SUMMARY OF REQUEST:
Authorize staff to enter into an agreement with Young's Environmental Cleanup, Inc.
(recommendation from Fleis & VandenBrink Engineering, Inc.) to remove the unexpected
UST found during the pavement removal for the Shoreline Dr. project in the area between
Eastern, Clay, Cedar & Western. The agreement would be signed, if authorized , for a total
estimated cost of $10,053.65 unless additional tanks and or other unexpected discoveries.
FINANCIAL IMPACT:
The estimated cost of 10,053.65.
BUDGET ACTION REQUIRED:
None at this time. The cost is expected to be an eligible expenditure borne by the MOOT
grant to the extent available and approved.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with Young's Environmental Cleanup, Inc. to perform
the necessary work.
COMMITTEE RECOMMENDATION:
\\MUSKDAT A\DATA\ENGINEERING\COMMON\2003 PROJECTS MASTER FILE\Projecls\Shorelinc D rive East\authorization to Y oung
Environ-unde rground storage tanksS- 13-03.doc
~
FLEIS & VANDENBRINK
ENGINEERING, INC.
Offices in Gr.tnd lapids, Travem City, and Muskegon
316 Morris Ave., Suite 230, Muskegon, Ml 49440 • Offrce: (231) 726-1000 • Fax: (231) 726-2200 • www,fveng.com
May 9, 2003
Mr. Mohammed AI-Shatel
City Engineer
City of Muskegon
933 Terrace Street
Muskegon, Michigan 49440
RE; Shoreline Drive Underground Storage Tank Removal
Muskegon, Michigan
Dear Mohammed;
Attached ls the revised bid tabulation, and the original proposals, for the above referenced project.
As shown on the attached table, the volume of liquid has been revised to more accurately depict
actual volumes. The change in volumes changed estimated fees significantly and Young's
Environmental Cleanup, Inc. is now the low bidder, with a base bid of $10,053.65.
We recommend that the contr<1ct for the Parcel 7S underground storage tank (UST) removal project
be awarded to the low bidder, Young's Environmental Cleanup, Inc. Northern A-1 has already been
informed of the change,
Upon council approval, please execute an agreement with Young's. If using their standard
conditions, it is our recommendation that you have the bracketed section under item 3 changed to
read that they shall perform in conformance with all current State and local regulations, including, but
not limited to OSHA, MODT, and MDEQ. In the meantime, we will be finalizing paperwork with the
State of Michigan. If you have any questions, please feel free to call.
Sincerely,
~ 2 7 2 J J ! R I N G , INC.
Carrie L, Rivette,
Project Engineer
P~~
Enclosures
34366 Aws1dlelt8r 2
. ·---· ---·
,~ '
',.,....... .... ....
~FLEIS & VANDENBRINK
ENGINEERING, JNC.
Offices in Grand Rapids, Muskegon and Trave.rre Ciry
316 Morris- Avenue, Suite 230, Muskegon, Ml 49440
Phone: 231.726. 1 ooo Fax: 231.726.2200
BIO TABULATION SHEET
Parcel 75 UST Removal
Muskegon, Michigan
Young's Nothem A-1
units unit cost sub tolal units unit cost sub total
Tanks 1 $2,990.00 $ 2,990.00
10K 1 $1,800.00 $ 1,800.00 $ -
5K-2 2 $1,600.00 $ 3,200.00 $ -
LiQ Disp 5900 $ 0.75 $ 4,425.00 5900 $ 2.60 $15.340.00
1 $ 350.00 $ 350.00
Backfill 99 $ 6.35 $ 628.65 $ -
Total $10,053.65 $18,680.00
'...,,...._ ........
T(J:12317262200 P:2,5
Vaa Ji'aicsimHe
May ll, 2003
Ms. Cnmc Rivette, P.l:i.
t'lcfa & Vandr:nbrink Engineering, Inc.
3 I6 Morris;, ve., Suite 230
Muskcgo11, Michigan 49440
YOUNG'S Re: UST Removal Scrvice~ -
785 Ottawa, Muskegon, Ml.
KNVIRONMF.NTAL J>roposi~ No: 51503
CLEANUP INC.
Dear C;u:rie,
Younit' s Environmental Clcruiup, lnc. (YECI) is pleased lo provide the following proposal
to provide lhe above referenced services. The project objective will. l>e Lhc removal of (2)
x ostimat.,d 5000 gallon and l "cstimatro 10,00() gallon gasoline l~s !tom the above-
referenced property.
SCQJ>TI OF WORK
Upon the acceptance of a signed pwposa.1/agreernent, or purchase order, Young's will
perfurm the followit\g SOOJ>~ of Wenk
• Mobilize to site.
• Pumpout product frvm tanks (estimated 6000 gallon5).
• F.xcavatc surlilce cover over tanks.
• Completely expose tops of t!Ulks.
• Vcnt tanks to render vapor free.
• Excavate tanks and remove piping.
• Cut and clean tanh.
• nmm any solids/PP.I: generated during lhe cleaning process.
• Re.move and dispose of the t1111ks, piping aJld drum•.
• Backfill cxcavatio11 area with fill sand and cumpact to 95% proctor.
COST OF SERVICES
• 2 x 5000 Gallon Tanks- $1,600.00 per tank
• l x 10,000 Gallon Tank - $!,800.00
• Liquid Disposal "' $0. 75/gallon ( e~-timatcd 6000 gqllons)
• Samlffiaddill (Delivered)-· $6.35 pe.- oubic yard (estimated 120 cubic yards)
4sso VVEST RIVER fll1. • COMSTOCK 1-'ARK. Ml 49321 • (616) 785-~174 • cAX (616) 785 3401
COf!POl'lATE Hl.:AOClUAATFRS • G 5305 N. OORT HWY.• FLIN1. Mt 40505
l"~lr)Nlc (S 10) 78~•7155 • FAX. {610) 7R~-3606
24 HOUR EM!.AGENCY flESl'ONSS 1-800-4Q8-8647
_ _ _ .__ ~'- • I.L! I i\L.WI• TO: 12317262200
Signifiant Auuptptions
• Quote is good fur sixty days.
• Priee does not include any uphalt or con~t1:le re~toration_
• Price assumes "clean closure." ExC11vlltiM, tcanspo1t11tion aiid disposal of
contami11atod materials will be done on a time llfld material lia~ia.
v Conditions out of the r-ontrol ofY01ing's Environmental Ciea:oup, Inc., including, but
not limiltd to, lined tanks, shoring or bracing, dewatering opemtions, or roncrete bold
down slabs will result in :ulditionlll clmrges on a time and materials basis.
• Miss-Dig to be ,:aU,;dbyYoung's.
• Assumes no undC1Cground utilities will affect timely completion of the project.
• fleis &. Vandenbrink perso,mel will be TespollSl"b.le for rompacfion te5ting.
PAYM!:,'?'!T ANJ,>CQND1l19~
By signing below you, the client, h•i)[eby acknowledge receipt of th¢ attached Standard
Conditioru, whiQb are hereby made an lntezral _pa.rt onhis Propo!l.llliAgree,n,ent. Young's
Envmmmentcl Cleanup, Joe will conduC1l the work in acoordance with the attached
Standard CondiliOllll. All work 111ill be C-Onductcd unde-- the dkootio11 ofFlei1 &
Ve.udenbrink personnel. l'a)!Tllent in full is required within 30 days ofinvoice date.
ACCEPTANCE
By your signature, you are entcri11g into "' contract witb. Young's &.vironmental CleMup,
fnc which ls 11Ubject to the attached Standard Conditions_ Pfoasc sii,u below and return to
ow- office indicatiilg your acceptaoce. Please contMt me with B:11)' questions at our Grand
Rapids office (616) 785.3374_ Thank you fur cons.ide1ins Young'sE11vironme11ta1
Cleanup, Ino. We look: forward to worklag with you on this project
PLEIS &: VANDENBRINK ENGINEERING, INC .
.?
c:winword\proposal\51503 .nk.v
. ·-- -~
T(J: 12317262200
. --· ·~· ' •~'-'' ,,
Client: Fleis & Vandenbrink Proposal/Agreem,;nt Date: 51118/03
Proposal#: 51503 Pagel of2
STAHOARO CONDITIONS
THIS AGREBAENT is by 200 between Young's Envi!Qomen!lll Cleanup, Inc., a Michigan corporation, of G-530S N.
Dort Hwy., Fllnt, Michigan. 48606 (hereinafter referred lo ll8 "Youn9•a Enviror,nientar) and ihe clil!lnt. Both parties
a9ree that the hJllowing provisions sh•II b~ part of the P1opoS1!1Agreement
1. PROJEC'r Young's fnvlronmental lr«et,y co,drac:t& with clie11t to pe1f01111 !"9 llC<lpe of work (he,elnaftet
1elerret1 Iii es the scope of WOii< or project) a <1e11:rib&11 on tile proposal. The soc1)8 <1f wmk 1s an Integral pa,t llf !his
pr.,poMtl/agl'llel!lent and 311811 comrot Young',; EnvJronmnntals obligeUons to p1ovicle S81Vie!!$. 1"119 services not
6Xpi.ssly or imp!Jcil!y included with those apeclfl$d in thlt r;,ropoeal, as determined by Young's linvlronmental, are not
covered by \his pror,osal/ aiiieement.
2. CONSIDERATION Young'v Environmental shall ll• paid for all MtVie.ea r.i,dereo in accorClaiice with the price
quolallon, which is sllOWn On the l)l'Ql)OS8i ind in~!$<! h"n f>y referenefl. J\D prica quolalions aro b-«I an
normlill ground ano wo,1( condltlont. Alt abnormal oondltlont shall msult In aclllltiO!la! c:Mrges. ~ ul!6d h<Kein,
abnom1a1 cond!Horrs incJIJCfa, bl.rt are not limited to, l!igh water table, unstable 11011, buried utffitfea, buried debria, buried
looting and/or founoations. exceuiv& r.on,c:re!Q, rebsr, ul\f,;>rpealecl undolr'grou!ld i.tructures, cabtes, oorldutt, running
sand, elc. Any changeo in specified equtpmen! used, material, IJBrts, a,:;ope of wor~. timing or plans and 9P8Cilieetions
will bll aubiect to e><tra chargr.i.
3. PtRFOAMM!CE
this proposallagreemenl, bui Yourig's Env1mnmenta1 maklls no waf.
Young's t:nvlroumental sllall Ell(@!CiM d~e eare \n r,elfonnlng 1h11 servlo96 undar Ille lemls Qf
1ixpressecs or implied, wllh respect to any
9el'llices pe,formed or to tie peminned under this p,rop,~ltagreement. e client r.,cognized that the otete ot pracllee,
particUlarly wt\h retpflet to hazardou,s sub1tane-0 1:0ndiUons, I$ chang· a/Id evol•,ing. White Yo1my's E:nvironmenUII
Will perform in reasonable aceor<tance with 811>ndarda In eff~ at tl\9 time the servi<1&1 8le performed, ii is f6GOgnized
that euch slandarda may subaequently r.t,anga because of improvements in the stata of r,rac!loe:J Young's
Enviroomental 8hafl not 1)(1 liable fct' dolaya caused by ~er. utrlkea, or ac:Cldtnts. Young's El\vlmnmental shall
not be liabl11 for .iny claim, dllmag,,, cost or ex!)(!ose, lrn;rudl~g attoraer !eM, or olher ua11m1y 1101 dlledfy and sol~
caused by the negligent ac«1, errors or omission of Young•~ En11lronmen1al. in no event shall Young'• Envirorimenta!
be /fable for any lrn;ldenlill or conaequenllal IOU or damage to the cliant's ptQl)ert~ in CO!lnection w,lh the pelformanee
Of services hllfeunder, In eny event, 1he ltability ot Youn11's Environmental lweunlll!r tihall !10I exceed the le98tlt of
$50,000.00 or the egg~le of all fees paid lo 't'Ol.lll!J'R En1rironmental by client will, respeet to 1h11 project, Tha client
shaN give Wlttten nctice to Young'• Envi10nmenh11 of any claim of negligent lil:f, error or ombaiofl l'tilhin """(1) year
a!tef the w,nplellon of tt,., wortc ~om,ed by Young's Er,vi,onmental. Failure to 9iVe notice he19in required w,all
consVtute a waiver cf c;ild o!aim by client
4. TERMINATION This proposal/&greement may tie IElllTlina!ed by elmer petiy upon five (5) days prior written
notice, In Iha event of termination, Young's Environmenld shall be paid up L'0 the effective da~ Of tanninatlon for air
services rendered by It and all C<>st ineurrud.
6. PAYMENT Young's Envlronn,ental ~U bl!! for $e1Vlee$ rendeled and all casts Jneuned. Each invoice
sttull Ile due and payable Within lhlrty da1• (30) of !tie p,m,;9fl!!llion of 1M invoJc,,. <:lient shall not off.-t any amoullle
due to Young's Environmental becauM of the cUent't Inability to obtain Hn11nclng, ZQl'ling, approval of pov$t11mentat
or regulato,y agenCle&, or any other caJSB, r&asIlq, or CQ111ingw,cy. lnvolcet over thirty (30) days shali be subjllCt to
intaresl at the ram of one and one-half (1 1/2) percent per month on the unpaia bu!enca, or \he hiphest 18WIUI rate,
whichever is highest. Young's Envircmment&I. after fifteen (15) written day'i n,~Hce lo !he cti,enl, may suepem:I
perfonnance of seivloe& until all p,!or amO\ITTls lnCUff'(td by ll'le dient are .,..-d
In full. II. AABITRATIONS MY
diSpute arlslrlg Wider this contlllcl sh1lU be arbitrated. Arry &tbitl'ation a'N8fd shall h8 binding and &nfQICe®le by 8
cour! of com~ent Juriidictloo. The arbitration 1haff 116 the SOia an<l exclustve ren•e4y o! the palli&S. Ventie fm the
srbilrallon shall b~ in GeM&ee Coullly, Mlt:nigan. The llrbi!Mtion sllall be CQnduotad by a single arbitralOr. If Ille
parties cannot agrae upen an arbitrator, then the arl>flralm· sl!all be relecl:&d by the (3en11>1ee County Circuit Court. If
a procee<ling is brought befc,re the G e - County Cl 11;uit C011rt to enfOICe this arl;ilr81ion provl9'0ll 01 to se!&et an
atbitrat<lf, the CQIJt't shiil1 malrllaln continuing jull$11icti0n of the proceeding lo n,le tll1 dleaovery disputes for tho
enfOICl!menl c,I the award, if any, ll!ld to otherwise oVel'ff8 the llltiilratJon proceeding.
TO:12317262200
Client: Flee. & Vandcobrink Proposal/Agreement O,,t(e: 5/08/0J
Proposal H: :51503 l'agc2 of2
7. INSURANCE IJPQII ~ . Yaung'g Envtronmer,lal shall furnish cUer,t II written description ot insurance
covetage'• then being meJntalned by Young's Environmental which may t>e related to the pertonnance of servioes by
Young'a Erivironmantal under this proposaU~reemenl. No oral repre,;entaUonn regarding such insuranc;, i:h;ill be
binOlng upon Young'a Environmen\el.
8. COST ESTIMATES Yout'lg's 1:nvi11Jnment,1I hat no oon!IDC CNer th<o coat of lobor o, certalo materials or dillJ)Osal
a( environmentally contaminated or ""2ardou• projects 11nd any estimates of sucI, coste are not warranted by Young's
Environmental.
9. INDEMNITY Client agrees 10 Indemnify, protecl and hold hallllf8811 Young'a Environmental from and
•9$nat all tiabllity, tlalme, demanda. I088ell, dam!l9ffl>, expel\Sl!ls and costs (including attomey fees) n,laling in any
way to the perfOmlance of sttvlces by Young's Envt,,:iM11:n1a1 umlw thla prooo1;el/ agreement; provided, howover,
that the c;llent ~all not be obligated to indemnify Youog's Environmental for any Injury or cloolage (otller than
incidsntal or consequential d9mage) t:auaed direelly and saiely by the negtlgel'l1 {1G!:$, <i!IOl'8, or omissions of Young'8
Environmental.
10. SITE SECURITY Client Is $0hllly l'llfll)Onsible lot all aspe<:ts of site security and fOr obtaining any necewtiy
permission rrom any affected third peni, or municipality for use of 1118ir roepective lrtnd&. The client will provkla accc,sa
to Iha eite of wol'k and will obtein afl n - r y permits and pay the OOSI• of aueh r,e1111I~ ul'lt!!SS sp~lfical\y included
in the scope of wotil.
11. FEOERAUMICHIGAN RIGHT TO KNOW COMPt.lANCE In compliance wijh Mic:t,igan Right to Know Law and tl-.e
Federal lf.!!Zard Communieati011 Sllmllanl, Clf8111 shall provide Young'& Environmenlal With a det.,tted list of 3ff
tuiian!ous $ulllltances end Chemit:ab k>Catod upon 111c, site which emploY1!1!$ and agent& of Young'& Environmental
may be el<posed to under 11w klrms of this proposaVag~ent.
12. WAIVER No waiver, discMr911, or renunciation of any clalm or rigt~ of Young't Envl~nment;11 arising
out at a breach of this l>rop0.5E1l/egreemem by client 91\ell be effeCltve unlesa in wrijin9 and signed t>y Young's
Environmental and $Ul>POfted by aeparate (.1>nsidr!ratlon.
13. GOVERNING I.AW This agreement &hall be deemed lO have beell made in Grao881<1 County, Michigan, and shell
be governed by and conatrood in IM;CDl'(!Qnc:e with tlle laws of tne State of M!Chigar1.
14. ACCEPTANCE Thia ag111811>ent llllall not bl) ~ffective unlll the propo&~l/agN1ement is signed by a duly
or
authorized representalfve Young's Environmental. Pri.:!119 Is valid fur not m~ tlllln 60 days from Iha date of !ht>
pr0110sa1.
15. NON-LIABILITY AND EXISTING CONDITIONS CJIMI acknow!ed!J1!1$ tt,,,t Young'& Environmental 91\d it's
IWlCQllttacton, haVe played no part in the CNQtion or eodfltenoe of any hazM:lout waatQ, pollulion soun:es. n u ~
Qr chemical or industrial diSPDMI prolltem !Mlich may exisr, 111\d that Young'& Envi•~nmelllal has boon retainec1 for the
sole purpoae of perfOIITling \ti& aervlces as defined In 1he scope of work. Young's t;nviN>nmentuf :sh.in not be lieble to
cllenl or any third party tor any env1ronment1J d~agea to cnent's property, nor shaJI Young•, Environmental be liable
for any erwlmnmantai damage out&ida 1ll& scope or thi& proposal/agreement •nd for whleh Young's environmenwi
h11.a not agreed to provlde servtcea The client ehan ioderll~ify and hold Young'!& Environme111a1 hil!ffllle,.. against .JII
damages, 10- snd Claims resulting fl'orll: floating 8tld or Shifting tal'ltis; dam$lltl dOne to eidsllng or new c«1tvvte
flalW011C throush nOfl'llel usage Of equipmoot; bamcllding hole.; and an open hole. that cannot bR ba<)kfillod for
reallOII• beyond Young'• Emironrnentala c011tro1.
16. AMENDMENTS lhiB prQl)OSallag'll!E'.ment may be amended an11 by a wntti,n fnit111m011t signed by both the
client and Young'g 1::nvlronmental Which expressly fflfe115 lo this proposal/agreement
Date: May 13, 2003
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Thomas Harris
441 W. Western
SUMMARY OF REQUEST: Thomas Harris previously requested a
Class C license under the Downtown Development Authority. This
request is to add a Dance-Entertainment Permit, Official Permit (food),
Outdoor Service Permit, Five Direct Connections, and two bars to be
located at 441 W. Western Avenue.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
To: Chief Tony Kleibecker
From: Det. Kmi Dykman
Date: 05-06-03
Re: Liquor License Request
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Thomas A. Harris, 441 W.
Western, Muskegon, MI. 49440.
Thomas Harris is requesting a new full year Class C license issued under Downtown
Development Authority and to include the following: Dance-Entertainment Permit,
Official Permit (food), 2 bars, and Add Outdoor Service. Mr. Ha1Tis has made prior
application for ownership of another licensed alcohol service establishment, 450 W.
Western, and has prior experience in business ownership. Mr. Hanis has been made
aware of the Muskegon Police Departments position on enforcing local alcohol laws and
ordinances.
The City of Muskegon has already approved the liquor license under D.D.A. but approval
is needed for the Add Outdoor Service Permit. A check of MPD records and Criminal
History showed no reason to deny this request.
Respectfully submitted,
Det. Kmi Dylrman
r;-- y
.... .,.,
'J J
~ r. ;;;-,.
data/common/hanis2 ( I"- I ,.
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::,,~
"" I
---..: .,
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Req ID #200052
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
Ata Regular meetingofthe City Commission
- - - " ' - - : - ( Rc-gu.,-lar-or--=-sp<_ci,...,,al)______ (Township Board, Ci1y or Village Council)
called to order by Mayor Warmington on May 13, 2003 at 5: 30 P.M.
The following resolution was offered:
Moved by Comini ss i oner Spatar o and supported by Comm issi oner Sci1we if 1er
That the request from THOMAS A. HARRIS FOR A NEW FULL YEAR CLASS C LICENSE ISSUED
UNDER MCL 436.1521(1) (DOWNTOWN DEVELOPMENT AUTHORITY LICENSE) W ITH DANCE-
ENTERTAINMENT PERMIT TO BE LOCATED AT 441 W . WESTERN, MUSKEGON, Ml 49440,
MUSKEGON COUNTY. ALSO WITH OFFICIAL PERMIT (FOOD), FIVE DIRECT CONNECTIONS, AND
TWO BARS, AND OUTDOOR SERVICE PERMIT LOCATED ON CITY SIDEWALK AS PERMITTED .
be considered for A roval
(Approval or Disapproval)
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
It is the consensus of this legislative body that the application be:
Recommended for issuance
- ----------(-Re-com_m<_nd-ed-or-no-,R-cc-om-m,-
·nd.....,
,d)_ _ _ _ _ _ _ _ _ _ _ __ _
-State of Michi0oan )
- - - - -·
§
County of _,_M=u=s~ic=eg=o=n~---·)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _ _ _c_it~y~C_o_mm_is_s_i_o_n_ _ _ _ _ at a _ ___R_e....,
gu--=la_r-,---::--.,...,,.--------
<Township Board, City or Village Council) (R,gular or Spocial)
meeting held on May '13, 20U3
(Date)
SEAL
(Mailing address or Township, C i1y or Village)
[l?o\ q, l_;"L Cl',
Michigan Department of Consumer & Industry ::;ervices ~
LIQUOR CONTROL COMMISSION
7150 Harris Drive
P.O. Box 30005
Lansing, Michigan 48909-7505
POLICE INVESTIGATION REQUEST
[Authorized by MCL 436.1201 (4)]
To: MUSKEGON POLICE DEPARTMENT Date: April 2, 2003
CHIEF OF POLICE REF#: 200052
980 JEFFERSON STREET
PO BOX536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
THOMAS A. HARRIS REQUESTS A NEW FULL YEAR CLASS C LICENSE ISSUl;QJ.1.NQ_ER
MCL 436.1521 (1) (DOWNTOWN DEVELOPMENT AUTHORITY LICENSE) W I T H ~ o--1;
EtslTER I AINMEN-f PERMIT, OFFICIAL PERMIT (FOOD), AND 2 BARS TO BE LOCATED AT
441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY.
1>..00 o~•,(x,,,,LS,c,,w,c6 I \l~ \~)°''"C'C~ (""\.v\1,\,',<-w\ ""''"' -ftt-,_
'l;:-,,S)_o S 'D, \LU, "" ,.:,w::.cr,. ,;s '"""-
Please make an investigation of the application. If you do not believe that the applicants are
qualified for licensing, give your reasons in detail. Complete the Police Inspection Report on
Liquor License Request, LC-1800, or for Detroit police, the Detroit Police Investigation of
License Request, LC-1802. If there is not enough room on the front of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
B.ease--fFtelade-'fmgerpnnf cards and $30.00 for each card, and mairlo1h--e-Miehigan-Liqt10F-
ConILo.LCornmissioA. -~\"'-
If you have any questions, contact the Licensing Division at (517) 322-1400, after 10:00 a.m.
LC-1972 Rev. 9/17
4880-1658
sfs
Michigan r-"'artment of Consumer & Industry Services
POLICE INSPECTION REPORT ON i JOR LICENSE REQUEST MICHi J LIQUOR CONTROL COMMISSION
7150 Harris Drive i ~1 Ll- L.'2... ::, 3
Req ID #200052 (Authorized by MCL 436.1217) P.O. Box 30005
Lansing, Michigan 48909-7505 ~
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission.
BUSINESS NAME AND ADDRESS: (include zip code)
THOMAS A. HARRIS, 441 W. WESTERN, MUSKEGON, Ml 49440, MUSKEGON COUNTY
REQUEST FOR:
REQUEST FOR A NEW FULL YEAR CLASS C LICENSE ISSUED UNDER MCL 436.1521 (1) (DOWNTOWN
DEVELOPMENT AUTHORITY LICENSE) WITH DANCE-ENTERTAINMENT PERMIT, OFFICIAL PERMIT
(FOOD), AND 2 BARS. ~DO O'-" o '-';:., Q.SO'\.lJ u:...~ o.. . 5 D ~(Lc...0( ~ {..}t--.> t.<T , . l'-.) J' ~
I Section 1. APPLICANT INFORMATION
APPLICANT #1: APPLICANT #2:
THOMAS A. HARRIS
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
1790 SUN DOLPHIN DRIVE
MUSKEGON, Ml 49444
H(231 )798-9064/8(231 )733-2725
DATE OF,BIRTH: 'Z ~ Z - 5~ DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen:
0 0
Does the applicant have permanent Resident Alien status? Does the applicant have permanent Resident Alien status?
CJ Yes • No D Yes • No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date fo.:gerprinted: Date fingerprinted:
Attach the'fingerprirtt-card and $30.00Jor each carcfartdJ:r,ail to tfie'1Vl.ichigan Liqt:1-0L.Control-Commission . I
ARREST RECORD: • Felony •Misdemeanor ARREST RECORD: • Felony •
Misdemeanor
Enter record of all arrests & convictions (attach a signed and dated Enter record of all arrests & convictions (attach a signed and dated
report if more space is needed) report if more space is needed)
I Section 2. Investigation of Business and Address to be Licensed I
Does applicant intend to have dancing or entertainment?
D No ~ complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? • No • Yes, explain relationship:
I Section 3. Local and State Codes and Ordinances, and General Recommendations
Will the applicant's proposed location meet a~?ropriate state and local building, plumbing, zoning, fire, sanitation and health laws
and ordinances, if this license is granted? ~ e s D No
If you are recommending approval subject to certain conditions, list the conditions: {attach a signed and dated report if more space is needed)
I Section 4. Recommendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? .,& Yes D No
2. Is the proposed location satisfactory for this business? k;(Yes D No
3. Should the Commission grant this request? J;il::Yes D No
4. If any of the above 3 questions were answered no, state your reasons: (Attach a signed and dated report if more space is needed)
s - .j' - C) )
Date
MUSKEGON POLICE DEPARTMENT
LC-1800 Rev. 07/02
i_,/ 4, l 2- c•.:'>
Michigan Department of Consumer & Industry Services \\{\
LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005 - Lansing, Michigan 48909-7505
APPLICATION FOR OFFICIAL PERMIT FOR DIFFERENCE IN HOURS OF OPERATION
(Authorized bv MAC R 436.1437)
Applicant or Licensee Name: .,_T,_,H_,,Oc,,MecA:,,S"-!_!A.,_.H'-'A'-"-'R'-'R"-'IS"--------------------
Address: 41,!// Lu• We= ~7&-")
Type of L i c e n s e : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Commission is requested to grant an after hours permit for: (check boxes that apply)
~perating our restaurant for the sale of food
D Operating night league bowling, tournaments or Sunday morning bowling
D Registering golfers
D Registering Skiers
D Registering Tennis Players
D Other: _ _ _ _ _ _ _ _ _ __
During the Hours of:
:,'-' 7 'Jee,
X Weekdays :J.- A.M. to • :J ::---- A.M.
Sundays / o;:;,. A.M. to 'l---1-:c>vJ A.M.
It is understood that customers shall not be on the licensed premises for any activity other than the requested
activity.
Licensee or Applicant Signatures:-~~ ___,
X
LOCAL LAW ENFORCEMENT RECOMMENDATION
To Law Enforcement Agency:
This application is for official permits allowing the after hours operations indicated above. Please enter your
recommendations below and return one signed copy to the Commission. Thank you.
~Recommended. Comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
• Recommended except for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ permit.
• Not Recommended
Signature and Title .t /1= L . 1~ -
LC-1112 Rev. 9/17 Req ID #200052
STATE OF MICHIGAN
'1:'ARTMENT OF CONSUMER & INDUSTRY SERVf (i.) ~- 22.- ,,,3
LIQUOR CONTROL COMMISSION REQ ID : 200052 -1\.f.\.
7150 Harris Drive
P.O. Box 30005
Lansing, MI 48909-7505
LOCAL LAW ENFORCEMENT AGENCY REPORT
DANCE/ENTERTAINMENT/TOPLESS ACTIVITY PERMIT
(Authorized by MCL 436.1916)
T HOMAS A. HARRIS 733 -2725
APPLICANT/LICENSEE PHONE NUMBER
17~0 7 7
STREET ADDRESS TOWNSHIP COUNTY ZIP
ENTERTAINMENT@ TOPLESS ACTMTY •
1. The dance floor will not be less than 100 square feet, is clearly marked and well defined when there is dancing by
customers. YES )K-. NO • NIA •
2. Describe the type of entertainment applicant/licensee
. .. will provide: N/A D
t, I Ve '"b,/a.Y)(:?,,.. P??U~·,c
3. Will this entertainment include topless activity? YES • NO ~ NIA •
!LAW ENFORCEMENT RECOMMENDATION]
DANCE PERMIT YES gJ NO • NIA •
ENTERTAINMENT PERMIT YES ~ NO • NIA •
TOPLESS ACTIVITY PERMIT YES • NO p( NIA •
MARKS~
05-07-2003
DATE SUBMITTED
Muskegon Police Department 231. 724- 6 750
DEPARTMENT NAME PHONE NUMBER
980 J efferson St. Muskegon
ADDRESS CITY
LC-693N REV 5198
4880-0652
Affirmative Action
(231)724-6703
FAX: (231)722-1214
As sessor/Eq uallzatlon
(231 )724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
ClvllSenlce
(231)724-6716
FAX: (231)724-4405
Clerk
(231 )724-6705
FAX: (231)724-4178
May 14, 2003
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info. Liquor Control Commission
Systems
(231 )724-6744 7150 Harris
FAX: (231)722-4301
PO Box 30005
Engineering Dept. Lansing, MI 48909-7505
(231)724-6707
FAX: (231)727-6904
REF: #200052
Finance Dept,
(231)724-6713 441 W. Western
FAX: (231)724-6768 Muskegon, MI 49440
Fire Deportment
(231)724-6792
FAX: (231)724-6985
To Whom It May Concern:
Income Tax
(231)724-6770
Enclosed is form LC-1800, LC-1112, and LC-693N for the above mentioned
FAX: (231)724-6768 request.
Inspection Services
(231)724-6715 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX: (231)728-4371
Leisure Services
(231)724-6704
Sincerely,
FAX: (231)724-1196
Mayor's Office
(231)724-6701
FAX: (231)722-1214
Linda Potter
Planning/Zoning
(231)724-6702
Deputy Clerk
FAX: (231)724-6790
Police Deptartment
Enc.
(231)724-6750
FAX: (231)722-5140
Public Works Dept,
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(23 l )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Wntcr FIitration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
'"'vw.shorelinecity.com
LIQUOR LICENSE REVIEW FORJ.-VI
Bnsfoess Name:
--------------------
AKI\ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: .4
Business Add:ress:
Reason for Review:
New License D Transfell" of Ownership D Dance Permit 18['
Drop/Add Name on License •- Transfer Location D
Drop/Add Stock.holder Name D New Entert~illlment Permit ."IZf
Other aitdcoc ,Secvice /km1't .J: .s l2ce.c:f Ll:21?11:cl~/l.r
Deadline fo:r receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
-Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects ~ ~ --
Services p(.,u<l,<.l~ -I, ,rc-v; c...,.-.,) ,.sc...,-f- G.,?
ow;v1....,,,......5/i.-/1 ~ ~Ir' /tJ _S':4J4f'~
?<'..y. <;. ??-.3
Department Signature <-p1v ~ =
Gail A. Kundinger, City Clerk
· Liquor License Coordinator
{.,Uq.S
LIQUOR LICENSE REVIEW FORJ.Vl
Bnsfoess Name:
--------------------
AKA..Busines§ Name (if appiicalble): _ _ _ _ _ _ _ _ _ _ __
Operator/Manager's Name: .4
Business Address: i/1//' U/
Reason for Review:
New License D Traimsfer of Ownership D Dance Pe:rmit _[8[
Drop/Add Name on License •· Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit~
Other a itdoor ,SeC//1ce. f]c;zu·f ..J-: ~ ~(e. c)· Col?(!('c -l~/'l .r;
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending ZBA •
· Clerk's Approved
• Owing • Amount:
Fire/Inspection
Services
Compliance ·,~ -b
Gail A. Kundinger, City Cler k
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORlvI
Busiiness Name:
--------------------
AK.A. Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ __
Operato:r/Manage:r's Name: T/2017JCiS .4 !lacr:1~
Business Address: 7'/ i/'/ w [/Ir_ S ft I~ Q
Reason for Review:
New License D Transfer of Ownership D Dance Permit .!8f
Drop/Add Name on License D· Tran~fer Location D
Drop/Add Stockholder Name D New Entertainment Permit ]21
Other Outrlcor ,)e{'//1ce. #cm1f .J: s Are.cf 0.?/11.t'c f ~)/'l .r
Deadline fo:r receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ti Owing .D Amount:
Treasurer Approved
• D Amount:
Owing
Zoning Approved • Denied D •
Pendi:ngZBA
· Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature ~ 9J,___ 5/1/o;J
Gail A. Kundinger, City Clerk
Liquor License Coordinator
\_,/a_-,_,
fl . ,
C .lccnst (.,Uq_( o.lrcr:r~ °'/l'rO l/fcf
. . . . RF' ,EIVED
LIQUOR LICENSE REVIEW FORJ.'1 .
Cl ,, r.1u::i ,:._1..:10N
Business Name: PLANNING L)LPARTMENT
AK~ Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
0pe.rator/Manager' s Name: IOa 177qs .4
Business Add:ress: 1./f// ; w
Reason foir Review:
New License D Traimsfer of Ownership D Dance Permit .12$J'
Drop/Add Name on License • Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit J2f
I!
a C' .. '
Other(Jfrfoor ,x{'J/1cf,
,{,!
.fPl1/nl f
.
-J- ...!;
_.,. /1 , . /J ''
/ltCC:. cf L-t21?0<,cf1 oa_<;
Deadline for receipt of all information: _ _ _ _ __ _ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing D Amount:
enied D 0
Zoning
· Clerk's ' Approved ~
Approved D Owing •
Pending ZBA
Amount:
Fire/Inspection Compliance D Remaining Defects _ _ _ __
Services
Department Signature_~....,,...,
-....,VU,i,i
.....;a...;...;......._ef
_'-_o/1.:..-.._
· ..,.OO:.=<...e3___.,._-c:::::,c::;.__ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ.'1
Business Name:
AK.i:\.Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ __
0peirato:r/Manage:r' s Name: .4 !loc[1~
Business Ad.dress: I./ 1/'/ (.j/
Reason fo:r Review:
New License D Transfer of Ownership D Dance Permit 18[
Drop/Add Name on License • Transfer Location D
Drop/Add Stockholder Name D New Entert~inment Permit _123(
Other a/ f rlcor: ,Setil1c e J
fel'/ZU j .J- ...< J2r:- c-f L;i?r.t,cft ~, /J .r
Deadline for receipt of all information: __________
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing _O Amount:
Treasurer Approved ~wingO Amount:
Zoning Approved • Denied D Pending ZBA 0
· Clerk's Approved
• Owing • Amount:
Fire/Ii,spection Compliance D Remaining Defects
Services
DepartmentSignature ~ o);1/4
Gail A. Kundinger, City Cle:rk
Liquor License Coordinator
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