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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 27, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS:
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Liquor License Transfer Request, 1157 Third St. (Downtown
Muskegon Inc.) CITY CLERK
c. FIRST READING, Zoning Ordinance Amendment to Repeal and
Reserve Section 2318 (Keeping of Animals). PLANNING AND
ECONOMIC DEVELOPMENT
d. Vacation of portions of Simpson Avenue and Nelson Street..
PLANNING & ECONOMIC DEVELOPMENT
e. MDOT Contract for Laketon Trail/Pathway Phase II. LEISURE
SERVICES/ENGINEERING
f. Flying of Mexican Flag. AFFIRMATIVE ACTION/CLERK
g. Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
ECONOMIC DEVELOPMENT
h. Consideration of Bids, Seaway Industrial Park. ENGINEERING
i. Request for Encroachment Agreement. U S Signal Corp.
ENGINEERING
j. Approval of 2002-2003 Subrecipient and Community Housing
Development Organization Agreements. COMMUNITY AND
NEGHBORHOOD SERVICES
k. Approval of Sale of Property. the South 20 Feet of Lot 18.
COMMUNITY AND NEIGHBORHOOD SERVICES
• PUBLIC HEARINGS:
a. Soil Removal. Stripping & Dumping (SRSD) Permit Application for
Fisher Steel. ENGINEERING
b. Reviewing 2001-2002 consolidated Annual Performance Evaluation
Report {CAPER). COMMUNITY AND NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
a. Big Red Football Request. LEISURE SERVICES
b. Transfer of Property from Lakefront LLC to City of Muskegon
PLANNING & ECONOMIC DEVELOPMENT
c. Resolution Pledging City's Full Faith and Credit to Smartzone Bonds.
FINANCE
d. Liquor License Transfer Request, Pine Street Tavern. Inc. @ 978 Pine
St. CITY CLERK
e. FIRST READING. Zoning Ordinance Amendment to allow recording
studios in the B-2. Convenience and Comparison Business District
and to allow live music concert halls as special uses in the B-f2,
Convenience and Comparison Business. B-3. Central Business and
B-4, General Business Districts. PLANNING & ECONOMIC
DEVELOPMENT
f. Request for Preliminary Planned Unit Development approval for
1350 Hackley Avenue {Hackley Glen). PLANNING & ECONOMIC
DEVELOPMENT
g. Amendment to National City Purchase Agreement. PLANNING &
ECONOMIC DEVELOPMENT
h. Renaissance Zone Notices of Intent. PLANNING & ECONOMIC
DEVELOPMENT
i. Request for amendment to Planned Unit Development for Balcom's
Cove. PLANNING & ECONOMIC DEVELOPMENT
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: Labor Negotiations
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair,
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• {Speaker representing a group may be allowed lO minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TOD: (231) 724-4172.
Date: August 27, 2002
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 Special
Commission Meeting that was held on Monday, August 5, 2002; the City
Commission Worksession that was held on Monday, August 12, 2002;
and the Regular Commission Meeting that was held on Tuesday,
August 13, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 27, 2002
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, August, 27,
2002.
Mayor Warmington opened the meeting with a prayer from Pastor Richard
Bennett from the First Wesleyan Church, 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, Robert Schweifler, Clara Shepherd and
Lawrence Spataro; City Manager Bryon Mazade, City Attorney John Schrier and
City Clerk Gail Kundinger
2002-96 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Special Commission
Meeting that was held on Monday, August 5, 2002; the City Commission
Worksession that was held on Monday, August 12, 2002; and the Regular
Commission Meeting that was held on Tuesday, August 13, 2002.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
c. FIRST READING, Zoning Ordinance Amendment to Repeal
and Reserve Section 2318 (Keeping of Animals).
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to repeal and reserve Section 2318 (Keeping
of Animals) of Article XX/II (General Provisions) of the City's Zoning Ordinance
since these requirements are now wholly contained in the City's General
Code of Ordinances, Chapter 6 (Animals). · ·
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to repeal and reserve the section described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 8/15 meeting. The vote was unanimous.
'
d. Vacation of portions of Simpson Avenue and Nelson Street.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for the vacation of Nelson St. (from Simpson
Ave. to the south property line of 1505 Nelson St.) and of Simpson Ave. (east
of Nelson St.).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the portions of
Simpson Ave. and Nelson St., with the condition that any City easement rights
be retained.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
the vacations at their 8/15 meeting, with the condition as listed above. The
vote was unanimous.
e. MOOT Contract for Laketon Trail / Pathway Phase II.
LEISURE SERVICES / ENGINEERING
SUMMARY OF REQUEST: To approve the Contract with MDOT for construction
of phase II of the Laketon Trail.
FINANCIAL IMPACT: $200,000 grant
$81,690 plus engineering costs, to be paid from the golf course fund
$25,000 design paid by Hackley Hospital
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
f. Flying of Mexican Flag. AFFIRMATIVE ACTION/ CLERK
SUMMARY OF REQUEST: Latinos Working for the Future, have requested
permission to fly the Mexican Flag in honor of Mexican Independence Day.
They request flying the flag Saturday, September 14th, through Tuesday,
September 17th_
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval.
h. Consideration of Bids. Seaway Industrial Pork.
ENGINEERING
SUMMARY OF REQUEST: Award the contract for the construction of streets,
water mains, sanitary sewers and storm sewers within the proposed Seaway
Industrial Park to Jackson-Merkey Contractors, Inc. out of Muskegon. JMC
were the lowest,(see bid tabulation) responsible bidder with a bid price of
$479,920.30. The bid price includes the alternate bid items which calls for the
use of Clay pipe for the proposed sanitary sewer instead of the PVC shown in
the base bid. The change in the type of material is due to the designation of
that area as a Light Industrial. Furthermore, it is respectfully requested that
the awarded, if granted, be contingent on the necessary EDA approval.
FINANCIAL IMPACT: The construction cost of $479,920.30 plus associated
engineering costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson-Merkey
Contractors Inc. This recommendation is contingent upon approval from
EDA.
i. Request for Encroachment Agreement. U S Signal Corp.
ENGINEERING.
SUMMARY OF REQUEST: U.S. Signal Corporation has submitted the
encroachment agreement for requesting your permission to install a
combination of underground and Ariel fiber optic cables within the following
streets right of way (see Maps);
1. Pine Street from Muskegon Ave. to Clay
2. Jefferson from Apple to Terrace (through the alley between Muskegon &
Webster)
3. Clay from Terrace to Pine.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the encroachment agreement with
the supplemental conditions.
k. Approval of Sole of Property. the south 20 feet of Lot 18
Block 3 Terrace Street Addition. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the sale of the parcel described as 20
feet of lot 18, block 3, Terrace Street addition to Mr. Johnnie Robinson, 1946
Hoyt, Muskegon, Mi for $100.00. The aforementioned parcel is a split from the
parcel originally described as lot 18 through 20 block 3 Terrace Street
addition that was donated to the City last year. The CNS office demolished
the structure that was on the site and is currently planning to construct an
Infill home on the remaining parcel that is 130' X 125'.
Mr. Robinson would like to combine the split parcel (20' X 125') to his present
yard at 1946 Hoyt ,in order to build a two car garage.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale of the split property to Mr.
Robinson.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to
approve the Consent Agenda with the exception of items b, g, & j.
ROLL VOTE: Ayes: Shepherd, Schweifler, Spataro, Warmington, Buie,
Gawron, Larson
Nays: None
MO/TON PASSES
2002-97 ITEMS REMOVED FROM AGENDA
b. Liquor License Transfer Request. 1157 Third Street
(Downtown Muskegon. Inc.}. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Farouk Y. Sitto, to transfer all stock
interest in the 2001 SOD and SOM licensed business to new stockholder,
Christian A. Kado.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: All Departments are recommending approval.
Motion by Commissioner Larson, second by Commissioner Schweifler to
approve transfer of all stock interest in the 2001 SDD and SDM licensed
business from Farouk Y. Sitto to new stockholder, Christian A. Kado.
ROLL VOTE: Ayes: Spataro, Warmington, Gawron, Schweifler, Shepherd
Nays: Buie, Shepherd
MOTi.ON PASSES
g. Sale of Buildable Vacant Lot on Ducey Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1276
Ducey Avenue (designated as parcel number 24-611-000-0430-00) described
as CITY OF MUSKEGON URBAN RENEWAL PLAN NO. 2, LOT 430 AND 429 EX W
38.84 FT to Randall Schaab, of 4316 Fenner Road, Muskegon, Ml. The lot is
116.4 x 131.9 ft an<;:! is being offered to Mr. Schaab for $9,005. He plans to use
the land for the construction of a 1,300+ sq. ft. single-family home. The home
will contain 3 bedrooms, a full basement, and a 2-stall attached garage. The
appraised value of the lot is $9,005 and that Mr. Schaab submitted the only
bid of $9,005.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will
generate additional tax revenue for the City and will place the property
back on the City's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign said resolution.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve
the resolution for the sale of a vacant lot at 1276 Ducey Avenue to Mr.
Schaab for $9,005.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd, Spataro
Nays: None
MOTION PASSES
j. Approval of 2002-2003 Subrecipient and Community
Housing Development Organization Agreements.
COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To direct staff to have the subrecipient agreements
for the following agencies signed by the Mayor and Clerk. The funding
allocations were approved by the City Commission in April of this year.
1. Muskegon Community Health Project $5,000
2. West Michigan Veterans $5,000
3. Child Abuse Council $5,000
4. HealthCARE Project $6,453
5. American Red Cross $5,000
6. Volunteer Muskegon $10,000
7. Legal Aid of West Michigan $10,000
8. Family Service Center $10,000
9. Oakview Neighborhood Association $3,000
10. Higher Achievement Learning Center $12,000
11. Muskegon Retirement Apartment Inc. $10,000
Also to have the CHOO agreements signed for the following agencies:
1. Neighborhood Investment Corp. $75,000
2. Bethany Housing Ministries $60,000
3. Trinity Village Non-Profit Housing Corp. $30,000
FINANCIAL IMPACT: Funding will be allocated from the 2002-2003
CDBG/HOME funds as directed by the City Commission.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to have the documents signed by
the Mayor and the Clerk.
COMMITTEE RECOMMENDATION: All of the allocations were previously
approved by the Commission.
Motion by Commissioner Spataro, second by Commission Larson to direct
staff to have the subrecipient agreements signed by the Mayor and Clerk.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
2002-98 PUBLIC HEARINGS:
a. Soil Removal. Stripping & Dumping (SRSD) Permit
Application for Fisher Steel. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing to consider the request from
Fisher Steel Investment to place a total of 1,900 cubic yards of clean fill
material over 1.5 acres (7" in depth) on the north westerly part of parcel
number 24-205-549-0002-00 (Fisher Steel properly). The public hearing is a
result of the enclosed fill application. As outlined in SEC. 26-187, notices were
sent to property owners within the 300' of the subject site, a copy of said
notice is attached for your review.
FINANCIAL IMP ACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the Soil Removal, Stripping and
Disposal Permit.
The Public Hearing opened at 5:55pm to hear and consider any comments
from the public. No comments were heard from the public.
Motion by Commissioner Schweifler, second by Commissioner Shepherd
to close the Public Hearing at 5:58pm and to approve the request for soil
removal, stripping and disposal permit.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie
Nays: None
MOTION PASSES
b. Review 2001-2002 Consolidated Annual Performance
Evaluation Report {CAPER). COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing on August 27, 2002 to
receive comments from the public concerning the 2001 -2002 CAPER
developed by the Community and Neighborhood Services Department.
After the public hearing has been conducted and all the comments have
been documented, the CNS office request that the Commission direct the
CNS staff to submit the required documents to HUD in compliance with 24
CFR 91.520, by no later than August 31, 2002.
FINANCIAL IMPACT: The City required to submit the CAPER report in order to
continue receiving CDBG and HOME funding.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to gather comments from the
public and to submit the CAPER to HUD.
The Public Hearing opened at 5:58pm to hear and consider any comments
from the public. Comments were heard from Pat Montney of 925 Irwin St.,
Muskegon and Steve Boersler of 1255 Fleming, Muskegon.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to close
the Public Hearing at 6:13pm and approve the CNS staff to submit the CAPER
to HUD.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie, Gawron
Nays: None
MOTION PASSES
2002-99 NEW BUSINESS:
a. Big Red Football Request. LEISURE SERVICES
SUMMARY OF REQUEST: The Big Red Football program has requested that
they be allowed to have a sale on City Streets.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Denial based on the current City Commission
policy.
COMMITTEE RECOMMENDATION: The Leisure Services Board recommended
approval for this year with the policy going to the Legislative Committee for
review.
Motion by Vice Mayor Buie, second by Commissioner Larson to approve a
sale on City Streets for the Big Red Football program for one year with the
policy going to Legislative Committee for review.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson
Nays: None
MOTION PASSES
b. Transfer of Property from Lakefront LLC to City of
Muskegon. PLANNING & ECONOMIC DEVELOPMENT
Item removed per staff request.
c. Resolution Pledging City's Full Faith and Credit to
Smartzone Bonds. FINANCE
Item removed per staff request.
d. Liquor License Transfer Request. Pine Street Tavern. Inc.@
978 Pine Street. CITY CLERK
SUMMARY OF REQUEST: The Liquor Control Commission seeks local
recommendation on a request from Pine Street Tavern, Inc., to transfer
ownership of the 2002 Class C licensed business with dance-entertainment
permit from Brutters, Inc.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: The City Income Tax Department and the
Treasurer's Office are recommending disapproval due to monies owed the
City.
Motion by Commissioner Spataro, second by Commissioner Gawron to
deny request.
Motion by Commissioner Spataro, second by Commissioner Larson to
table item to next meeting of September 10, 2002.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Na'ys: None
MOTION PASSES
e. FIRST READING, Zoning Ordinance Amendment to allow
recording studios in the B-2, Convenience and
Comparison Business District and to allow live music
concert halls as special uses in the B-2. Convenience and
Comparison Business, B-3, Central Business and B-4.
General Business Districts. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1100 (Principal Uses
Permitted) of Article XI (B-2, Convenience & Comparison Business) of the
City's Zoning Ordinance to allow recording studios; and to amend Sections
1101, 1201 and 1301 (Special Land Uses Permitted) of Articles XI (B-2,
Convenience and Comparison Business). XII (B-3, Central Business), and XIII
(B-4, General Business) of the City's Zoning Ordinance to allow live music
concert halls, under certain conditions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning
Ordinance to add the proposed language in the articles and sections
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of the request at their 8/15 meeting. The vote was unanimous.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to adopt
the ordinance as submitted.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd, Spataro
Nays: None
MOTION PASSES
f. Request for preliminary Planned Unit Development
approval for 1350 Hackley Avenue (Hackley Glen).
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for preliminary Planned Unit Development
approval for the current Hackley Glen property, for a mixed-use residential
development, containing senior, family apartment and possible future
condominium unit~. The request is from Ruddiman Associates Limited
Partnership.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends preliminary approval of the
PUD provided that the conditions listed in the resolution are met.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
preliminary approval of the PUD, with the conditions listed on the resolution at
their 8/15 meeting. The vote was unanimous.
Motion by Commissioner Larson, second by Commissioner Spataro to
approve request for preliminary approval of the Planned Unit Development
provided the conditions listed on the resolution are met.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Shepherd, Spataro, Warmington
Nays: None
Absent: Schweifler
MOTION PASSES
g. Amendment to National City Purchase Agreement.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve amendments to the "Real Estate
Purchase Agreement" between the Westwood Group, LLC and the City of
Muskegon. The purchase agreement, signed October 12, 2002, included two
parcels of property. One of the parcels was formerly owned by Rick Perlman
(known as the Terrace Lots) and was approximately 6 acres. The other was
formerly part of the Teledyne property, and was purchased by the City as an
"uneconomic remainder" when the property was purchased for Shoreline
Drive (approximately 3 acres). Westwood is requesting that the portion of
property where National City is being constructed (approximately 2 acres)
be separated out from the 6-acre site. They are also requesting an extension
on the closing dates for the remaining 4 acres of the former Terrace Lots
(originally October 2001, later amended to February 28, 2002), as well as the
closing date for the former Teledyne piece (scheduled to close on August 31,
2002).
FINANCIAL IMPACT: Time delay on the City receiving funds from the purchase
of this property by Westwood.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the amendment to the Purchase
Agreement, and authorize the Mayor and Clerk to sign.
Motion by Commissioner Gawron, second by Commissioner Larson to
approve amendm'ent to the Purchase Agreement and authorize the Mayor
and Clerk to sign.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Schweifler, Warmington,
Buie
Nays: None
Absent: Spataro
MOTION PASSES
h. Renaissance Zone Notices of Intent. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To authorize staff to notify the State of Michigan that
the City of Muskegon intends to designate three new subzones and amend
the boundaries of the two existing sub-zones, as consistent with the
attachment describing the current state of negotiations. Also requested is
the authorization to have the City Manager or Director of Community and
Economic Development to sign the Notice of intent documents. This does
not obligate the City to grant all of the applicants' Renaissance Zone status,
but does leave that possibility open.
FINANCIAL IMPACT: At this time there will be no financial impact. When
Zones are created or expanded there will be an impact, which will consist of
the amount of abated taxes.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To notify the State of Michigan that the City of
Muskegon intends to designate three new sub-zones and amend the
boundaries of the two existing sub-zones.
Motion by Commissioner Gawron, second by Vice Mayor Buie to authorize
staff to notify the State of Michigan that the City of Muskegon intends to
designate three new sub-zones and amend the boundaries of the two
existing sub-zones.
ROLLVOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie, Gawron
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Larson to
amend the first vote to include the Medical Arts Building at 315 Clay St to the
Muskegon Mall Renaissance Zone.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron, Larson
Na'ys: none
MOTION PASSES
Motion by Commissioner Schweifler, second by Mayor Warmington to
amend the first vote to include the Morris SI. Lots to the Muskegon Mall
Renaissance Zone.
ROLL VOTE: Ayes: Shepherd, Warmington, Buie, Schweifler
Nays: Spataro, Gawron, Larson
MOTION PASSES
i. Request for amendment to Planned Unit Development for
Balcom's Cove. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend the Planned Unit Development for
Balcom's Cove, 2964 Lakeshore Dr., to allow changes in the site plan.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that something be done to
mitigate this situation, no matter the reasoning behind the changes. Various
options were presented to the Planning Commission, and their
recommendation is stated below.
COMMITTEE RECOMMENDATION: The Planning Commission recommended
approval of a portion of the PUD amendment, with the conditions listed on
the resolution. The motion to approve passed on a 5-4 vote with B. Smith, B.
Mazade, S. Warmington, P. Velkamp, and L. Spataro voting yes and P.
Sartorius, J. Aslakson, J. Stewart, and M. Kleaveland voting nay.
Motion by Commissioner Larson, second by Commissioner Spataro to
approve the request to amend the Planned Unit Development for Balcom's
Cove to allow changes in the site plan.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MO/TON PASSES
2002-100 CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Schweifler, second by Commissioner Larson to
go into close session at 9:39pm to discuss pending litigation.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd, Spataro
N~ys: None
MOTION PASSES
Motion by Commissioner Schweifler, second by Commissioner Spataro to
go into close session at 9:39pm to discuss property acquisition.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spqtaro,
Warmington
Nays: None
MOTION PASSES
Motion by Commissioner Shepherd, second by Commissioner Gawron to
go to open session at 10:15pm.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie
Nays: None
MOTION PASSES
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon
was adjourned at 10: 16pm.
Respectfully submitted,
Gail Kundinger, CMC/ AAE
Commission Meeting Date: August 27, 2002
Date: August 21, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Zoning Ordinance Amendment to Repeal and Reserve
Section 2318 (Keeping of Animals)
SUMMARY OF REQUEST:
Request to repeal and reserve Section 2318 (Keeping of Animals) of Article XXIII
(General Provisions) of the City's Zoning Ordinance since these requirements are now
wholly contained in the City's General Code of Ordinances, Chapter 6 (Animals).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to repeal and reserve the
section described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 8/15 meeting.
The vote was unanimous.
8/21/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 15, 2002
Hearing; Case 2002-40: Staff-initiated request to amend the zoning ordinance to amend or
repeal/reserve Section 2318 (Keeping of Animals).
BACKGROUND
In April of this year a new Animal Control Ordinance went into effect in the City of Muskegon.
The reason behind the enactment of this ordinance was to deal with the large numbers of stray cats
within the City. This new, stand-alone ordinance (not pait of the Zoning Ordinance) addresses all
of the animal issue@ currently contained in Section 2318 of the Zoning Ordinance. The new
ordinance is enforced by Animal Control, rather than City of Muskegon staff. Therefore, staff
would like to repeal and reserve this section of the ordinance.
ORDINANCE EXCERPT (proposed deletions in stril,cthru, proposed changes in
italics)
~ECTIO:J)l 131g: KsE:PJ:l:\IG OFAND4Al.~ SECTION 2318 {RESERVED!
1. '.Vila ,A i:i.imals· :J)Jg wila ai:i.imal shall be kept p@n+iaR@Rtly gr t@1+1p9rarily in ai:i.y aistri1:t ifl the City 1mless
1.
with a bgi:i.a fiae stable.
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g@i:i.@rally rngaraea as HQ\ISCHQIQ pets is pcr1+1ittea as aR aGGCSSQl"j' use ii~ ~ esiae1-1tial ~9R.iR.g I>istriGts prnviaca
that;;.
a.
b. The ,mimals ha>, lO' depth 20.:l v,ft. $150.00 3,045.00 $6&.00 $1,380.40 $200.00 $4,060.00
Y]. S Sanitary sewer. PVC SDR 35
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1370 l.f. $29.50 40,415.00( $34.00 $46,580.00 1§1
' $27.00 $36,990.00 0
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38, 8" Sanilar)I plug 6 ea. $75.00 450.001 $45.00 $270.00 $(00.00 $600.00
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No llil!!! Amonnt Unit
Jackson-Merkey
Unit Price Total
Feleo Contractors
Unit Price Total
Geocon Joe.
Unit Price Total
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39. 6'1 Sanitary Plug 1 ea. $60.00 60.00 $45,00 $45.00 $80.00 $80.00 .,'"
40. 6" Sanitary lateral, PVC SDR 35 110 l.f. $17.00 1,870.00 $24.00 $2,640.00 $35.00 $3,850.00 ~
41. 8" x 6" Sonilary wye, PVC SDR 35 2 ea. $60.00 120.00 $60.00 $120.00 $75.00 $15().00
42. 8"x 8" Sanitary wye, PVC SDR 35 2 ea. $100.00 200,00 $75.00 $150.0 $100.00 $200.00
43. Connect to existing sanitary sewer with: a 2 ea. $2,320.00 4,640.00 $2,IOD.OO $4,200.00 $2,000.00 $4,000.00
44. Connect to existing sanitary manhole I ea. $590.00 590.00 $565.00 ss6s.001 $45().00 $450.00
45. SubbaseC!ass II Fill, 2.5' Compacted in Place 2000 sy. $4.00 8,000.00 $1.80 $3,600.001 $6.50 $13,000.00
46. Excavation, Removal, and Disposal of Gypsum 1000 cy $9.25 9,250.00 $17.10 Sl1,IOO.OO $25.00 $25,000.00
47. Undercut, Remove, and Place existing subsoils.
within excavation or Lemuel R.O. W. 2000 cy $1.80 3,600.001 $3.90 S7,800.00 S4.00 $8,000.00
48. Machine Grading 18.3 sta $1,330.00 24,339.00 $690.00 $12,627.00 $1,600.00 $29,280.00
49. AggregaLe base course, 22A, 711 compacted in
place 7400 sy. $4.45 32,930.0() $5,05 $37,370.00 $4.75 $35,150.00
50. Concrete curb and gutter 3930 l.f $&.40 33,012.00 $9.05 $35,566.50 $8,50 $33,405.00
SI. Bituminous mix I IA@440 lblsyd 1450 ton $32.50 47,125.00 $33.05 $47,922.50 $34.00 $49,300.00
52. Bituminous mix JC@ 165 lb/syd 550 ton $36.75 20,212.50 $38.25 $21,037.50 $43.00 $23,650.00
53. Bituminous mix 4C @ 165 lblsyd 550 Ion $40.00 22,000.00 $40.30 $22,165.00 $45.00 $24,750.00
54. Pavement removal 370 sy. $S.00 1,850.00 $2.SO $925.00 $4.00 $1,480.00
55. BillJminous patching 290 sy. $15.30 4,437.00 $15.88 $4,605.20 $18.50 $5,365.00
56. Tree removal 6.1' - l 8' 1 I ••• 5245.00 245.00 $450.00 $4so.001 $200.00 $200.00
@
51. Tree removal t9"' - 36'- 2. ea. $715.00 1,430.001 SB00.00 $l,600.0oj $60(),00 $1,200.00 ..
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58. Tree removat > 36]/ 3 ea. $1,100.00 3,300.001 $l,500.00 $4,500.001 $1,200.00 $3,600.00
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Jackson-Merke:y
Unit Price Total
Felco Contractors
Unit Price Total
Geoconinc.
Unit Price Total
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59. Concrele curb and gutter removal 215 1.f. $5.00 1,075.00 $3.50 $752.50 $4.00 $860.00 .,"'
Structure Removal 3 ea. $525.00 1,575.00 $400.00 $1,200.00 $400,00 $1,200.00
a::
60. H
61. Traffic con!rol l I.sum $3,200.00 3,200.00 $6,200.00 $6,200.00 $4,000.00 $4,000.00
62. Project Sign I ea. $980.00 980.00 $1,200.00 Sl,2ll0.0D $400.00 $400.00
63. 4" Topsoil 8800 •Y· $1.60 14,080.00 $1.90 $16,720.00 $2.50 $22,000.00
64. Seed, fertilize, and Mulch 8800 &y. $0.45 3,960.00 $0.42 $3,696.00 $0.40 $3,520.00
65. Mulch Blanket 150 sy. $1.75 262.50 $1.60 $240.00[ $3.00 $450.00
66. Remove existing fire hydrant or flushing pipe 6 ea. $225.00 1,350.00! $600.00 $3,600,0DI $400.00 $2,400.00
67. Remove and Dispose of Debris Pile jn Lemuel
Street R.O.W. l lsum $1,350.00 1,350.001 $300.00 S300.00I $1,200.00 $1,200.00
68. Remove to4' below grade and Dispose of
foundation in Lemuel Stroe1 R.0.W. 1 !sum $475.00 475.00 SS00.00 $800.00 $800.00
69. Adjust Existing Storm Structure I ea. $450.00 450.00 $425.00 $'.l50.00 $350.00
70. Bituminous Approach 45 sy. $16.00 720.00 $17.10 $2D.OO $900.00
71. Concrete Approach 80 sy, $25.00 2,000.00 $45.00 $3,600.00 $25,00 $2,000.00
72. I" Corporation Slop 2 ea. $195.00 390.00 $250.00 $500.00 $70.00 $140.00
73. I" Curb Stop and Box 2 ea $235.00 470.00 $300.00 $600.00 $140.00 $280.00
TOTAL BASE BID $463,745.30 $496,246. toi SSU,861.011
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Alternate Items
Amount Unit
Jaekson-Merke:Y
Unit Price Total
Felco Contractors
Unit Price Total
Geocon Inc.
Unit Price Total
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la. 8° Sanitary Sewer, Vitrified 1370 l.f. $40.50 ss,4ss.oof $37.00 $50,690.001 $35.00 $47,950.00 ;;:H
2a. 6 Sanitary Lateral, Vitrified
11
1JO l.f. $25.50 2,805.00 $28.00 $3,080.00 $40.00 $4,400.00
11 11
3a. 8 X 6 Sanitary Wye) Vitrified 2 ea. $110.00 220.00 $100.00 $200.00 $150.00 $300,00
4a. 8 11 x 8" Sanitacy \Vye, Vitrified 2 ea, $135,00 270.00 $105.00 $210,00 $250.00 $500.00
Additional Ridders
Heybocr fucavaling $539,124.05
Milbocker & Sons $542,456,00
MyConlnc. $564,040.40
Di,·ersified Contractors $584,871.00
Diversoo Construction $598,053.00
Kammi;1ga & Roodvoets: $616,259.00
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Date: July 27, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Request for Encroachment Agreement
U. S. Signal Corporation
SUMMARY OF REQUEST:
U. S. Signal Corporation has submitted the attached encroachment agreement form
requesting your permission to install a combination of underground and Ariel fiber optic
cables within the following streets right of way (see attached Maps);
1. Pine street from Muskegon Ave. to Clay
2. Jefferson from Apple to Terrace (through the alley between Muskegon & Webster)
3. Clay from Terrace to Pine
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the encroachment agreement with the supplemental conditions.
COMMITTEE RECOMMENDATION:
• US SIIGtML
h ECE IVt ~-,
CITY OF Ml JSKEGON
1
JUL 2 2 2002
July 19, 2002 • ., l••z.\
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Mohammed S. AI-Shatel
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Ml 49333-0536
RE: U.S. Signal Corporation Encroachment Agreement
Dear Mr. AI-Shatel:
U.S. Signal Corporation (formerly RVP Fiber Company) has contracted with
Turnkey Network Solutions, Inc. to install fiber optic cable in the city of
Muskegon, Michigan. In that regard, and per our previous phone conversations,
please find the enclosed executed Encroachment Agreement, the existing
Consumers Energy Pole Attachment Agreement with U.S. Signal, a certificate of
liability insurance, a check for $125.00, and our Engineering Plans. If you have
any questions in this matter, please do not hesitate to call me at (616) 988-5303.
Sincerely,
Joe Andreen
Agent
U.S. Signal Corporation
20 N Monroe Ave NW Suite 450 Grand Rapids, Ml 49503 866.2.SIGNAL Fax: 616.988.0414 www.ussignalcom .com
CITY OF MUSKEGON
ENCROACHMENT AGREEMENT AND PERMIT
THIS AGREEMENT is made and entered into this l/o 1-\1 day of JiJL"( 2002, by
and between the CITY OF MUSKEGON, a municipal corporation (hereinafter called CITY), and
U, S:, S: iGNA L CBQR)ytnot-J (hereinafter called LICENSEE).
( d bq I<\/ P Fl [?'f.:R. QY¼;P'tN''i, L, L, C]
RECITALS
1. LICENSEE proposes to install, repair or maintain improvements or facilities ("the
encroachment"), in or abutting a street, alley, sidewalk, park, terrace or other property controlled or
owned by the City of Muskegon, the encroachment being described as
2. The City-owned or controlled property (herein "property") subject to the encroachment is
described as:
[please insert a general description, and if required by the city, an accurate legal description]
3. The City is willing to grant such privilege upon the terms and conditions herein. This
agreement shall constitute a permit under section 18-19 of the Code of Ordinances, but shall apply to
any encroachment on public ways or property.
THEREFORE,
1. City does hereby grant unto LICENSEE the privilege of ,X.constructing, )(
installing, X IJ!aintaining, >< repairing X performing all necessary functions relating to the
encroachment, and for that purpose to enter the property, for the term hereing stated. This
1
privilege shall be effective upon the issuance of an encroachment permit, which shall be issued only
after approval of this agreement by the City Commission and delivery to the City of the required
evidence of insurance coverages.
This grant is subject to the following special conditions: _ _S_e._e-_'__q_J_1_·C?_.c_A_c_,_&_:
2. That LICENSEE shall pay to the City for the privilege hereby granted the sum of_
01-JE rl\JNu@=:D TW8\lf'{-F1\JE Dollars($ I 'LS.OD ). such payment to be made upon the
signing of this agreement to be dated as of the l!oth day of .JVL'( 20 (}2, to the City
Treasurer of the City of Muskegon, and the privilege hereby granted shall continue for a period to
terminate the first day of May, - ~ unless sooner terminated as hereinafter provided.
3. INDEMNIFICATION. The LICENSEE shall indemnify and save harmless said GRANTOR
of and from any liability for claims, damages, costs, expenses, or fees, including any attorney fees, or
fines or awards brought against or charged to the city by any person, firm or corporation on account of
or arising from the privilege hereby granted to LICENSEE or the activities of the LICENSEE related
to the encroachment or this privilege. This indemnification obligation shall include all liabilities for
environmental damage or releases of hazardous substances subject to any governmental or third party
action. "Hazardous substance" is defined as any material constituting a prohibited or regulated
substance under governmental law, rule, statute or regulation in force at any time, including future
times.
4. INSURANCE. LICENSEE shall at all times carry liability insurance in such amounts as are
satisfactory to City, and issued by companies acceptable to the City, licensed in the State of Michigan,
naming City as an additional insured on any such policy. LICENSEE will file with ·
2
City certificates or policies evidencing such insurance coverage. The insurance policies or certificates
shall provide that the City shall be given thirty days written notice before a cancellation or change in
coverage may occur. The types of coverage and coverage limits to be required shall be as follows:
5. BONDING. Before this agreement/permit becomes valid, LICENSEE shall file with the
city a bond conforming with the requirements of any' ordinance, and shall keep same in force during
the entire term of this agreement.
6. The privilege hereby granted may be canceled and revoked by the CITY at any time
upon giving said LICENSEE_ days of written notice of such cancellation and revocation.
7. LICENSEE may surrender up the privilege hereby granted at any time upon giving
notice in writing to the city _ _ _ days prior to such surrender; provided, however, that upon the
voluntary relinquishment or abandonment of this privilege, or upon cancellation or revocation thereof
by the City, the LICENSEE shall remove any structure(s) erected upon, within or overhanging the area
of encroachment and restore the property at LICENSEE'S expense and in a manner satisfactory to City
and in default thereof shall be liable to City for any cost, damage or expense the City may sustain in
such restoration.
8. That should said LICENSEE fail or refuse to conform to any of the conditions on its
part to be performed hereunder, the privilege hereby granted shall immediately terminate and become
null and void.
3
9. This agreement shal be binding upon the respective heirs, representatives, successors
and assigns of the parties hereto.
Witnesses: CITY OF MUS
By
. J\ .J .
And r;b}wl KLU~~/l,V
r:a il Kundinger , Clerk
4
SUPPLEMENTAL CONDITIONS
1- The grantee shall be fully responsible for the maintenance of the cables/conduits
and any removal or relocation that becomes necessary to facilitate other public
improvements projects within said right of way (s).
2- Grantee will be responsible to maintenance and upkeep, for the duration of this
agreement, a valid insurance coverage satisfactory to the City.
3- If approved (by City Commission), a permit to work in the right of way must be
obtained from the Engineering Department before any work begins.
4- It shall be the responsibility of the owner to ensure that these facilities are a part of
the miss dig system at all times.
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Date: August 27, 2002
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Downtown Muskegon, Inc.
1157 Third Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Farouk Y. Sitto, to transfer all
stock interest in the 2001 SDD and SDM licensed business to new
stockholder, Christian A. Kado.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All Departments are recommending
approval.
Muskegon Police Department
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t,,,k•~1qan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
POLICE INSPECTION RE {O'R
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N LIQUd~ LICENSE REQUEST, . 7150 Harris Drive ""
P.O. Box 30005 ,•~U.~
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(Autho .tz~d by MCL 436.7a) 1 Lansing Michigan 48909-7505 7... " . O.L
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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. (vlr) RID #142222
BUSINESS NAME AND ADDRESS: (include zip code)
OOWNTOWN MCJSKBG(XII, INC., 1159 THIRD, MUSKEGON, MI 49441 MUSKEGCT-J COUNTY {231) 755-4892
REQUEST FOR: 'fRF' ALL STOCK INTEREST IN '01 SDD/Sll-1 LIC'·D CORP WHEREIN SOLE S'IOCKHOLDER, FAROUK Y,
SITTO, TRFS 1,000 SHARES 'ID NEW S'IOCKHOLDER, CHRISTIAN A. KAOO.
APPLICANT #1: APPLICANT #2:
CHRISTIAN A. KAOO
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2263 LAENEL, MUSI ·Iu
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REAL ESTATE PURCHASE AGREEMENT
2002-97(g)
THIS AGREEMENT is made August 27 , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Tenace, Muskegon,
Michigan 49440 (ASeller=), and RANDALL SCHAAB, a manied man, of 4316 Fenner Road,
Muskegon, MI 49445 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 2, Lot 430 AND Lot 429, except the West 38.84 feet,
(1276 Ducey Avenue)
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine Thousand Five and no/100 Dollars ($9,005.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
C:\DOCUME~1\anguilm\LOCALS~1\Temp\AF2763.00C
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five (5) years after the closing. The
covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
C:\DOCUME-1\anguilm\LOCALS~1\Temp\A.F2763.DOC
9. Closing. The closing date of this sale shall be on or before _ _ _ _ _ _ __
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
10. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision( s) had never been contained herein.
C:\DOCUME-1\anguilm\LOCALS-1\Temp\AF2763.00C
QUIT-CLAIM DEED
2002-97(g)
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to RANDALL SCHAAB, a married man, of 4316 Fenner Road, Muskegon, MI 49445,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2,
Lot 430 AND Lot 429, except the West 38.84 feet, ·
(1276 Ducey Avenue)
for the sum of Nine Thousand Five and no/100 Dollars ($9,005.00).
PROVIDED, HOWEVER, Grantee, or his assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or his assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or his assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event ofreversion of title of the above described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (I) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this St/2 day of , Seo fe.. 1 21Jt'r , 2002.
I
Signed in the presence of:
~&> .il4:r.
C:\DOCU ME~1 \ANGU ILM\LOCALS~1\TEMP\AF2763.DOC
STATE OF MICHIGAN 2002-97 {g)
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this ~ day of _._,_~'-'--'-=:...b.L.." - ' - - - '
OF MUSKEGON, a municipal corporation, on behalf of th ~
di.~ ~ .
c~
2002, by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, Mayor and Clerk, re
J.. /) Jj
{;yUf&_
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
C:\DOCUME~1 languilm\LOCALS~ 1\Temp\AF2763.DOC
SURVEY WAIVER
Date: September 6, 2002
RE: 421518
To: City of Muskegon Property Address:
933 Terrace P.O. Box 536 1276 Ducey
. Muskegon. MI 494430536 Muskegon. Michigan 49442
County: Muskegon
We. the undersigned. purchasers and sellers. of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided. completely of our own volition. not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release City of Muskegon and. its employees and/or agents. from any
responsibility and/or liability concerning or pertaining to survey matters. including, but
not limited to size of lot or land. location of boundary line. location of building and
encroachments.
SELLER(S):
City of Muskegon.
Randa Schaab
anner
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment# 421518
COUNTY OF Muskegon
That City of Muskegon. a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises _located at:
1276 Ducey
Muskegon. Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done. or materials furnished. out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement. lease. land contract. option. etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s). including income tax
liens. adversely affecting the title to said property.
5. That there are no unpaid taxes. special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked. unknown. or misquoted taxes. special assessments. water
bills. mortgage deficiencies. etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon.
svd~a ~
Lonnangu1m, Asr,tant Planner
Subscribed and sworn to. before me a Notary Public. this 6th day of Septem r. 2002
_______ County
My Commission ~1ftEEJ whose offices are located at , (hereinafter "Subrecipient/CHDO"),
WITNESSETH:
WHEREAS, Subrecipient/CHDO will receive Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of$ , to be used for the following:
WHEREAS, the parties wish to set forth the conditions on which the funds are to be
made available;
NOW THEREFORE, in consideration of the covenants herein contained, the parties do
mutually agree as follow:
I. GENERAL CONDITIONS
1. Services to be delivered are eligible act1v1tles as defined in Section
570.200 and 570.201 of the CDBG Administrative Regulations (CFR
570). And or Section 92.205 and 92.206 of HOME Administrative
Regulations (CFR 92)
2. The Subrecipient/CHDO certifies that the service is either:
a. a new service or
b. a quantifiable increase in the level of a service above the level which
has been provided by or in behalf of the applicant from local revenue
sources or State funds received by the applicant in the twelve (I 2)
calendar months prior to submission of the proposal, or
c. a continuation of a service that would otherwise be decreased due to
events beyond the control of the Subrecipient.
3. The Subrecipient/CHDO is incorporated as a non-profit organization in
good standing under Michigan Law.
1
4. The Subrecipient/CHDO warrants that a current copy of its charter (if
applicable), Articles of Incorporation and By-Laws are on file with the
Department of Community Development. The Subrecipient shall also
keep a current list of its board members, its officers and their addresses on
file with the Community Development Depmiment.
5. By resolution, the Subrecipient's/CHDO's Board of Directors shall cc1iify
to the City a responsible contact person, who shall be considered their
representative in all matters relating to this Agreement for communication
and administrative purposes.
Until further written notice from the Subrecipient/CHDO, said contact person shall be:
II. PERSONNEL
I. The Subrecipient/CHDO shall maintain direct control of all personnel employed
by it and to provide the necessary training and supervision of its employees in
carrying out contracted programs. However, implementation of the "project"
must meet the requirement and approval of Community and Neighborhood
Services.
2. In all work made possible by or resulting from this agreement, affirmative action
will be taken to insure that low income persons, particularly minorities and
women, are given maximum opportunity for training and employment; and that
minority business concerns located in the area, to the greatest extent feasible, are
awarded sub-contracts when permitted by this Agreement (Section 3, CDP 135).
3. Incorporated by reference are Title VI of the Civil Rights Act of 1964, Executive
Order 11246 and 0MB Circular A-102, Attachment O which relates to equal
opportw1ity. Copies are available at the Community Development Office.
4. The Subrecipient/CHDO (including its membership body, Board of Directors,
committees, and paid and other volunteer staff) agrees that it will comply with
City policies and procedures concerning equal opportunity, affirmative action,
and non-discrimination in employment practices because of age, religion, race,
color, national origin, sex, education association, marital status or physical
limitation.
2
III. SCOPE OF SERVICES
The Subrecipient/CHDO shall provide the services specified in Attachment "A", Scope
of Services, in exchange for financial compensation detailed in Attachment "B".
IV. COMPENSATION AND METHOD OF PAYMENT
I. The maximum amount which the Subrecipient/CHDO may receive pursuant to
this Agreement is $ _ _ _ _ _ __
2. The Subrecipient/CHDO warrants that its Board of Directors has approved a
budget request to provide services detailed in this Agreement (attachment "B").
The budget total of $ ______, shall remain unchanged during the year
unless amended as permitted in this Agreement. The Subrecipient/CHDO may
not, without City Commission approval, make transfer between categories not
exceeding I 0% of the overall budget total, or $2,000.00, or whichever is greater.
3. Upon approval of Subrecipient's/CHDO request for payment, the
Subrecipient/CHDO shall be reimbursed for expenses within a maximum of
twenty (20 days.)
4. To receive payments, the Subrecipient/CHDO must complete and submit the
following:
a. Request for Payment
b. Detailed Invoice for Actual Expenditures
c. Quarterly Performance Rep01is
5. All program income, received by the Subrecipient, (if any) shall be disbursed by
the Subrecipient prior to request for payments from the Recipient. Program
income resulting from the project will be handled in accordance with the
requirements of 24 CFR 570.503 applicable to CDBG Recipients and 24 CFR
92.503 for HOME CHDO's. All program income derived from the HOME
activities by CHDO must be reinvested to the recipient (City) to the HOME
Investment Trust Fund.
6. If at the end of the term of this Agreement there are unexpended p01iions of the
contract amount set forth in this Agreement, the City may recapture said amount
for reallocation to other purposes.
7. If Subrecipient fails to comply with terms specified in this Agreement or refused
to accept and meet conditions imposed by the Department of Housing and Urban
Development (HUD), the Recipient may immediately terminate payments to the
3
Subrecipient and recover any funds it has advanced. In the event of the inability
of Subrecipient to perform or complete the project, or termination of the
Agreement by the City Conunission, Recipient will pay only invoices for work
performed or satisfactorily completed.
8. The Recipient shall not be held liable for expenditures or obligations incurred in
excess of the authorized total budget, nor shall the City be held liable for
expenditures or obligations for ineligible cost pursuant to Section 570.200 and
570.201 of the Housing and Community Development Act. And 92.206, 92.207
and 92.208 of National Affordable Housing Act of 1990.
IV. FINANCING AUDITS AND INSPECTIONS
1. The Subrecipient/CHDO shall document the costs incurred with CDBG/HOME
funds with the suppmt of properly executed payrolls, time records, invoices,
contracts, vouchers, receipts, or other official documentation that shows in proper
detail the nature and propriety of charges. All such documents must be clearly
identifiable and readily assessable during the term of the Agreement to City and
HUD officials or their authorized representative for audit and examination as
often as the City may deem necessary. Additionally, the Subrecipient agrees to
securely maintain such documents for a period of three (3) years after termination
of this Agreement.
2. The Subrecipient/CHDO is to act within thitty (30) days after the signing of this
Agreement to establish a procedure for its accounting operation that will not be
inconsistent with Federal Management Circular A-102, Attachment G, and can be
certified auditable by the Accountant for the Community Development
Department. The auditable procedure shall insure that monies provided by the
Community Development Block Grant HOME program can be separately traced
from other funds of the Subrecipient.
3. The Recipient shall provide the Subrecipient/CHDO with a copy of any account
requirements established by HUD, and the Subrecipient shall thenceforth be
responsible for compliance with such requirements.
4. Program Income earned by the Service Agency during the grant period shall be
retained by the Subrecipient, and in accordance with 0MB Circulars A-102, A-
110 and A-122 shall be:
a. Added to funds committed to the project by the City and the
Subrecipeint/CHDO to be used to further eligible program objectives as
defined in the scope of services of this Agreement (see Attachment A).
b. Deduct from the total project costs for the purposes of determining the net
costs on which the Federal (CDBG / HOME) share of the cost will be based.
4
5. No CDBG/ CHDO funds shall be disbursed under this Agreement by the
Subrecipient or any others contracted by the Subrecipient/CHDO unless those
contracted are in compliance with City and HUD requirements with regard to
fiscal matter and civil rights to the extent such requirements are applicable. The
Subrecipient/CHDO shall provide the Recipient with a copy of such contracts.
6. The Subrecipient/CHDO shall provide proof of Bonding Insurance for all
employees who handle funds.
V. INSURANCE COVERAGE
The Subrecipient shall indemnify, defend, and hold the Recipient, its officers, and the
employees harmless with respect to any damage claim arising out of activities specified
by this Agreement. This Subrecipient shall maintain for the entire period of this
Agreement a valid policy of liability insurance naming the City of Muskegon (Recipient)
as an insured party with limits of not less thm1 $300,000 per occurrence. The
Subrecipient/CHDO shall also maintain coverage during the Agreement period for
Workers' Compensation as required by law. The Subrecipient/CHDO shall submit proof
of insurance and amount of coverage to the Community Development office prior to
receiving any funds.
VI. REPORTS, MONITOlUNG AND EVALUATION
1. The Subrecipicnt/CHDO agrees to cooperate folly with the Community and
Neighborhood Services office, City m1d HUD officials, Citizen Committees, or
any other individuals appointed by City Commission to evaluate and monitor the
requirements and performance of programs financed with CDBG HOME funds.
The Subrecipient agrees to provide to the same parties listed information and
reports, oral or written, as may reasonably be required or requested during the
term of this Agreement on mattes relating to program activities, performance, or
contract compliance.
2. The Subrecipient agrees to complete and submit to the Community and
Neighborhood Services Office in a timely manner a Qumterly Performance
Repmt.
The repmt forms are to be provided by the City. The Subrecipient/CHDO agrees to collect and
make available to the Community and Neighborhood Services Department the following
information on its clients or program participants:
5
a. Street (only) address of the client: (inside or outside City);
b. Month and year of initial services;
c. Number of services units rendered to each client served under this agreement;
d. Age and sex of the client or participant;
e. Whether the client or participant is the head of household;
f. Whether client or participant is a member of a minority group (which group);
g. Family income by family size (which will be indicated by checking an income
range category);
h. Whether client or participant head of household is handicapped;
The information is to be collected on a "Client Card" or tabulation sheets
provided by the City. The form will state that the client/participant information
being collected is required in order for the Subrecipient to receive Community
Development Block Grant HOME funds from the City of Muskegon. Client
information will be submitted quarterly with the Performance Reports.
Alternate systems of collecting data required in this section can be developed in
consultation with the Community and Neighborhood Services Office. The
Recipient retains the final right to approve any waiver of, or amendment to, this
reporting requirement.
VII. CONTRACT AMENDMENT
That except as expressly provided elsewhere in this Agreement, any modifications or
amendments to this Agreement may be made by mutual Agreement of the Subrecipient
and the City Commission. It is expressly understood that this Agreement is subject to
HUD Community Development Block Grant/HOME funding regulations. Should HUD
act to make changes in regulations or suspend or terminate fnnding, such actions shall
automatically amend this Agreement, if applicable.
VIII. ASSIGNABILTIY
The Subrecipient/CHDO shall not assign or transfer any interest 111 this Agreement
without consent of the City Commission.
IX. POLITICAL ACTIVITIES
None of the funds, materials, property or services provided directly or indirectly under
this Agreement shall be used for any partisan political activities, or to further the election
or defeat of any candidate for office.
6
X. CONFLICT OF INTEREST
No employee, officer or agent of the Recipient shall parlic1pate in the award or
administration of this Agreement if a conflict of interest real or apparent, would be
involved, or any type of benefit financially, politically or asset wise. (i.e. obtain housing,
illegal obtaining of contracts, etc.) See CPR 24.92.356 and CPR 570.611.
XI. CITY'S RIGHT TO ENFORCE
I. The community and Neighborhood Services Department may unilaterally suspend
(on a temporary basis) or alter this Agreement, including the amount of funds
allocated, for failure to comply with the terms and conditions of this Agreement
or failure to comply with regulations for the U.S. Government, or directives of the
Muskegon City Commission, some examples of which follow:
a. Ineffective or improper use of the Community Development Block
Grant/HOME funds:
b. Failure to submit complete and correct performance or financial reports;
c. Failure to provide services called for in the Scope of Services section within
the time frame stated: and
d. If for any reason, the program cannot be completed.
2. The City Commission may unilaterally terminate this Contract for failure to
comply with the terms and conditions of the Agreement, the regulations of the
U.S. government, or directives of the Muskegon City Commission.
3. The Community mid Neighborhood Services Department office shall provide
reasonable notice to the Subrecipient before action is taken to suspend, alter or
terminate this Agreement. Such notice shall include the reasons for the
contemplated action and the Subrecipient shall be give a right to protest.
4. In the event this Agreement is terminated by the City Conm1ission, the Ownership
of all documents, equipment and properties acquired by CDBG / HOME or
Program Income funds shall revert to the Recipient with the decision for final
disposition being left to the City Commission. However, the Subrecipient shall
receive just compensation for any work satisfactorily completed prior to such
termination.
XII. PURSUIT OF ADDITIONAL RESOURCES
The Subrecipient/CHDO shall make bona fide efforts to secure funds and resources from
other sources. Fmiher, the Subrecipient/CHDO shall cooperate with the Community and
Neighborhood office, as requested, in its effmis to pursue additional or alternative
funding. The Subrecipient shall report these efforts as part of the required Quarterly
Performance Repmi.
7
XIII. TIME PERFORMANCE AGREEMENT TERM
All services rendered hereunder shall be completed by May 31, 2003. This Agreement
automatically terminates at that time unless specifically extended by the City
Commission. All funds allocated which are unspent or encumbered for services under
this Agreement shall be repaid to the City within fifteen (15) days of this date.
XIV. OTHER
1. That it will comply with all requirements applicable to HUD Block Grant
Subrecipients set forth in the CDBG Program Requirements contained in 24 Code
of Federal Regulation Paii 570. Such requirements pe1iain to, but are not limited
to, compliance with 0MB Circular A-102, reports and information, audits and
inspection, w1earned payment, non-discrimination, disposition of real property,
and miscellaneous grant administration requirements.
2. That should the Subrecipient/CHDO utilize any portion of CDBG/HOME funds
for acquisition of property or relocation of individuals, families, or businesses as a
result of a project involving federal financial assistance from HUD, as defined in
regulations at 24CFR Part 42.79, all acquisition and/or relocation shall conform to
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91.646), and the regulations which implement the Act (24 CFR Part
42).
3. That except with respect to the rehabilitation of residential use for less than eight
families, all contractors engaged under contracts in excess of $2000 for the
construction prosecution, completion or repair of any building or work financed in
whole or in part with assistance provided under this agreement, shall comply with
HUD requirements pe1iaining to such Conh·acts and the applicable requirements
of the regulations of the Department of Labor under 29 CFR Parts 2, 5, and 5a,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher tan those required under such
regulations are imposed by State or local law, nothing hereunder is intended to
relieve the Subrecipient of its obligations, if any, to require payment of the higher
rates. The Subrecipient shall require to be inserted in full in all such contracts
subject to such regulations, provisions meeting the requirements of 29 CFR 5.5
ai1d for such contracts in excess of $10,000, 2911 CFR 5a.3.
4. The Subrecipient/CHDO agrees to abide by all other Federal requirements not
highlighted in this Agreement, but included in the Community Development
Block Grant regulations HOME Regulation available at the Community and
Neighborhood Services Department, or other regulations subsequently supplied to
the Subrecipeint.
8
5. That should the Subrecipient/CHDO funding involve construction work, the
Subrecipient CHDO contractors(s) agree to allow access to the City or its
representative for inspection purposes.
6. Should the Subrecipient/CHDO acquire any real or personal property with funds
provided under this Agreement, it will not dispose of such property through sale
or otherwise without written permission of Recipient. If property is disposed of
without written permission, the proceeds shall be returned to the Recipient, and
Subrecipient may be required to reimburse the Recipient for the Federal portion of
participation in the project, subject to requirements in the Office of Management
and Budget Circular A-102, Attachment N, Property Management Stands.
XV. CONTRACT CLOSEOUT
All contracts will be closed out in accordance with the procedures specified in 0MB
Circular A-102, Attachment L, and Portions of 0MB Circulars A-110 and A-122
applicable to non-profit organizations.
In Witness Whereof, the parties hereto have caused this contract to be executed the day and year
above written.
Signed In the Presence Of: CITY OF MUSKEGON, MICHIGAN
A Municipal Corporation
Witness- - - - - - - - - - By: - - - - - - - - - - - - - -
Steve Warmington, Mayor
Witness- - - - - - - - - - By: _ _ _ _ _ _ _ _ _ _ _ _ __
Gail Kundinger, City Clerk
Agency Name
Witness- - - - - - - - - ~ By: _ _ _ _ _ _ _ _ _ _ _ __
It's President
Witness- - - - - - - - - - - By: _ _ _ _ _ _ _ _ _ _ _ __
It's Secretary
9
ATTACHMENT "A"
SCOPE OF SERVICES
Subrecipient Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
SCOPE OF SERVICES
The Scope of Services section below lists the services to be provided under the terms of the
Subrecipient/CHDO Agreement. This description shall establish the basis for the Community
m1d Neighborhood Services Office assessment of actual program accomplishments.
I. Location and Hours
The Service Agency shall provide the contracted services at the following locations(s):
II. Eligible Clients
The Subrecipient/CHDO shall take affirmative action to insure that the primary
beneficiaries of services rendered under this Agreement are eligible CDBG clients and
HOME clients. Eligible clients are defined as those persons of household who:
a. Reside in the City of Muskegon and
b. Have household incomes less than or equal to 80 percent of the median of the City.
10
ATTACHMENT "A"
SCOPE OF SERVICES
III. Description and Quantity of Services to be provided
Describe and number each service to be provided separately. Include the job title of the person
(s) who will primarily render the service, the time span, which the service will be offered, if less
than the total contract year, and how the service will be rendered.
Estimated quantity of service to be provided (number of persons to be served).
11
ATTACHMENT "B"
BUDGET
REVENUES
CDBG/HOME FUNDS
*Other (Specify Below)
Program Income
TOTAL REVENUES
Total Portion to be
Budgeted Funded by CDBG/HOME
EXPENDITURES
Salaries & Fringes $ $
Consultant & Contract Services $ $
Office Supplies $ $
Telephone $ $
Rent & Related Expenses $ $
Equipment $ $
Office Furniture $ $
Travel $ $
Specific Assistance to Individuals $ $
Miscellaneous (Specify)
$
$
$
TOTAL EXPENDITURES $ $
*LIST OTHER REVENURE SOURCES:
I. $
2. $
3. $
4. $
5. $
12
Date: August 27, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing: Soil Removal, Stripping and Dumping (SRSD) Permit
Application for Fisher Steel
SUMMARY OF REQUEST:
To hold a public hearing to consider the request from Fisher Steel Investment to place a total of
1,900 cubic yards of clean fill material over 1.5 acres (7" in depth) on the north westerly part of
parcel number 24-205-549-0002-00 (Fisher Steel property). The public hearing is a result of
the enclosed fill application. As outlined in SEC. 26-187, notices were sent to property owners
within the 300' of the subject site, a copy of said notice is attached for your review.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the Soil Removal, Stripping and Disposal Permit
COMMITTEE RECOMMENDATION:
.fflrmative Acdon
Z31)724-6703
AX: (231)722-1214
MUSKEGON
.ssenor/Equallzadon
231)724-6708
AX: (231)726-5181
'emetery[)epartment
Z31)724--6783
AX: (231)726-5<) in preparation for the placement of native grasses and wildflowers,
5. Legal description and address ofproperty: The legal description is presented as part of
attached documentation,
Not applicable
6. lf earth change involves a proposed subdivision, give name
7. Distance ofproposed earth change from nearest lake or stream 400 from Muskegon River
8. Date earth change is e:xpected to commence August 20, 2002
9. Allach soil erosion control plan for proposed earth change to this application.
.--~ .
THJS PERMIT DOES NOT OBVIATE THE NEED FOR Comm. Proc. Authorization
GIBER STATE AND FEDERAL PERMITS. Per Chapter 17 (SRSD)
List of Attachments
The following attachments are included in support of the proposed work.
• Attachment A: Description of Scope of Work
• Attachment B: Site Plans
• Figure 1: Site Location Map
• Figure 2: Site Plan
• Attachment C: Erosion control features as described in Attachment A
• Attachment D: Operation and Maintenance Program
• Exhibit A: Operation and Maintenance Log
• Attachment E: Legal Description
FISHER JNVESTMENT PARCEL ID: 61-24-205,549·0002-00
ATTACHMENT A
Description of Scope of Work
ATTACHMENT A: DESCRIPTION OF SCOPE OF WORK
Section 16.5 Information
The work will consist of placing a nominal depth of fill and topsoil over the unvegetated
portion of the property in preparation for planting with native grasses and wildflowers.
The wildflower mix will focus on planting wildflowers to nurture and attract butterflies,
especially monarch butterflies, and other wildlife. A butterfly mix, including perennial
coreopsis and ironweed, will be handsown to maximize germination.
The fill and topsoil shall be placed in a manner to minimize slopes and to maintain a
level and smooth surface. This will allow the site to keep its existing drainage patterns
and further minimize the potential for soil erosion. Surface water overland flow will
continue to flow to the south as it currently does but be attenuated during high
precipitation events by the new vegetation and more permeable topsoil. The work does
not include any excavation or cuts. The work does include very limited site preparation
in the form of grading and the placement of a nominal seven- (7) inches of soil on the
current grade. The property is not serviced by utilities; therefore, the work will not effect
any utilities.
The proposed soil placement and grading will be approximately 1.5 acres overthe unused
property (Parcel: 61-24-205-549-0002-00) located near Ottawa Street and Cross Street in
Muskegon, Michigan (see: Figure 1 in Attachment B). The proposed work area is
located at least 400 feet south of the Muskegon River. The work area is vertically
located above the 100-year floodplain (refer: Flood Insurance Study, City of Muskegon).
No work will be done within the 100-year floodplain.
Interim soil erosion mitigation (ISEM) methods will include the placement of silt fences
and hay bales to mitigate the potential effects of precipitation events during the ten-day
project. ISEM methods and products are presented in Attachment C. A total of $4,500 is
allocated for ISEM methods and a total of $9,800 is allocated for permanent soil erosion
out of a total estimated completion cost of $59,000.
Contractor transport vehicles will unload soil in the unloading area only (see: Figure 2 in
Attachment B) and not into the work area. A loader will transport material from the
unloading area to mitigate any tracking of material onto public streets. Soil brought to
the site shall be placed by the end of each workday. A grader will smooth soil placed by
the loader ,to a nominal depth of seven (7) inches. A total of approximately 1,900 cubic
yards of clean fill and topsoil will be placed at the site. Any soil tracked outside of the
work area will be immediately cleaned up by the contractor.
FISHER INVESTMENT PARCEL ID: 61-24·205•549-0002·00
Upon full germination of the grasses the ISEM appurtenances will be removed. To
assure that the natural improvements are maintained an annual operation and
maintenance program has been developed (see: Attachment D). As stipulated in the
Contractor's contract, the Contractor is responsible for maintenance for the period
through June 30, 2003.
A geotechnical soil analysis has not been undertaken since there are no immediate plans
to develop or place a structure on the subject property.
Proposed Schedule:
Task Schedule
Pre-construction meeting August 26
Place erosion control aoourtenances August 27-28
Place Fill, Toosoil August 29- Seotember 12
Seed, mulch Within two weeks of completion of fill
placement
Plant wildflowers Late September-October
Chapter 17 Information
The grading will be done in a way to minimize disturbance of existing soils. Transport
vehicles will unload soil in the unloading area only and not into the work area. A loader
will transport material from the unloading area to mitigate any tracking of material
outside the unloading area. A grader and/or bulldozer will smooth soil placed by the
loader to a nominal depth of seven (7) inches. Any soil tracked outside of the work area
will be immediately cleaned up by the contractor.
The soil will be placed in the soil unloading area (see: Figure 2 in Attachment B) by
gravel trains. The gravel trains will exit Skyline Drive at Bayou or Marquette Street and
travel Ottawa Street to the Padnos Iron & Metal Property at 259 Ottawa and then to the
material placement location. Soil will be moved by a loader to the area designated for
material placement as shown in Figure 2. The gravel trains shall not enter the site by any
other means than the material unloading area.
The contractor is Diversified Contractors of Grand Haven, Michigan. Warren
Dykehouse will be the person at Diversified in responsible charge for the soil placement
and grading operations. Mr. Dykehouse has over 20 years of experience in the
contracting business with many successful projects, including demolition projects for the
City of Muskegon.
Mr. Dykehouse can be reached at the following location:
FISHER INVESTMENT PARCEL JD: 61-24-205-549-0002-00
Mr. Warren Dykehouse
Diversified Contractors
6775 Harvey
Grand Haven, MI 49456
Phone: (231) 798-1601
Mr. Joseph Berlin, P.B. is project-engineering manager for BLDI, Inc., the engineering
firm. Mr. James Edelyn, P.E. is the project engineer and will be responsible for site
documentation and inspection. BLDI staff can be reached at the following location.
BLDI, Inc.
150 Fountain NE
Grand Rapids, MI 49503
Phone: 616-459-3737
Joseph Berlin cell phone: 616-318-9180
James Edelyn cell phone: 616-318-9185
Certified by:
Date: _ _ _ _ _ _ _ _ __
Joseph W. Berlin, P.E. (#32517)
FISHER INVESTMENT rARCEL ID: 61-24-205-549-0002-00
ATTACHMENT B
Site Plans
0 BLDI ENVIRONMENTAL AND SAFETY M A N A G E M E N T ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7
8R072502
F!Gl-1.DWG-1.5
FIGURE 1
SITE LOCATION MAP
FISHER INVESTMENT CO.
PARCEL: 61-24-205-549-0002-00
NO SCALE
NOT A LEGAL SURVEY JULY '02 020792
ATTACHMENT C
Erosion Control Features as Described in Attachment A
.,.
.# •. ~·
SECTION 02951
SITE AND SURFACE RESTORATION
PARTl: GENERAL
1.1 WORK INCLUDED
A. Repair and replace any public and access roads damaged by the Contractor.
B. Restore all surface areas after construction is complete.
1.2 REFERENCES
The following publication listed below forms a part of this specification to the extent
referenced. The publication is referred to in the textby basic designation only.
Michigan Department of Transportation (MDOT) Standard Specifications for Construction,
1996 Edition.
PART 2: PRODUCTS
2.1 MATERIALS
A. Turf
The required topsoil, seed, fertilizer and mulch shall be in accordance with the
MDOT Standard Specifications for Construction, Division 8, "MISCELLANEOUS
CONSTRUCTION," Section 816 "Turf Establishment." Seeding classification shall
be Roadside (100#/acre) for all slopes or erosion prone areas and Cereal Rye Seeding
(56#/acre) for other areas, unless otherwise directed.
B. Erosion Control
As necessary, on side slopes, to mm1m1ze erosion as required in soil and
sedimentation permit and MDOT Standard Specification 2.13 Soil Erosion and
Sedimentation Control.
PART 3: EXECUTION
BID SPECS SITE AND SURFACE RESTORATION
Fisher Investment Property, Muskegon, Ml 02951-1
020792\BIDSPECS020409.DOC\JWB/BVP
3. l ROADWAY, SIDEWALKS, AND PARKING AREA RESTORATION
A Roadway and Parking Areas Repairs
The Contractor is required to repair, in-kind or better, any areas in the Contractor's
access road or any parking areas on the site disturbed as a result of the Contractors
work or access. Where roadway and parking pavements are required to be removed
to accomplish required work, the Contractor shall square cut all edges of the existing
pavement at the removed section.
B. Asphalt Surfaces
Asphalt pavement shall be replaced to the same thickness as that which existed prior
to removal, or 3 inches, whichever is greater. The placed asphalt material shall be
properly compacted and the surface made flush with the existing pavement. The
construction work shall be performed in accordance with Division 5 "BITUMINOUS
CONSTRUCTION PRACTICES" of the MDOT Standard Specifications for
Construction.
3.2 GROUND SURFACE RESTORATION
The Contractor shall restore all ground areas disturbed as a result of the work and access,
excavation, and filling activities as indicated on the plans, using topsoil, seed, mulch, and
fertilizer. Hydroseeding may be used for surface restoration. All ground surfaces shall be
rough graded as to leave no ruts, pits, piles, or ridges and sloped as level to adjacent
undisturbed areas. A minimum of six inches of topsoil shall be placed over all disturbed
areas and clay cap.
3.3 DISPOSAL
The material to be removed and disposed of includes, all waste, excess, and unsatisfactory
materials resulting from work required and shall be removed from the site and disposed of
at an approved Type Ilffype ill disposal facility. The disposal cost under this Section is
incidental to the project.
END OF SECTION
BID SPECS SITE AND SURFACE RESTORATION
Fisher Investment Property, Muskegon, MI 02951-2
020792\BIDSPECS020409.DOC\JWB/BVP
ATTACHMENT D
Operation and Maintenance Program
Attachment D: Operation and Maintenance Procedures
There are .currently no operations on the subject property and none are anticipated. A soil
cover being a nominal seven (7) inches thick will be constructed over the entire subject
property and a visual documented inspection of the cover will be conducted annually to
ensure that the cover is intact and suppmts the vegetative mass. In the event of erosion,
the erosional area will be repaired as necessary.
Written records documenting inspections of the cover will be maintained by Fisher
Investment Company. Refer to the Maintenance Log included as Exhibit A.
ASHER INVESTMENT PARCEL ID: 6l-24-2DS-549-0002-00
~ BLDl LNV!RONMENT1\L MANACLMEN-1
150 Fountain St. NE
Grand Rapids, Ml 49503
Phone: 616.459.3737
Exhibit A: Operation and Maintenance Log
Site: 259 OTTAWA STREET
MUSKEGON, MICHIGAN
MAINTENANCE LOG
Inspected By: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date of Inspection: _ _ _ _ _ _ _ _ _ _ _ _ __
1. Observed Erosion: No Yes. (If yes, complete No. 3.)
2. Vegetative Cover Condition:
D Bare soil or erosion areas present (Complete No. 3.)
D Grass and vegetation covers entire fill area.
D Wildflowers present
3. Repairs Made to Cap or Vegetative Cover:
4. Date of Repairs (if any):
Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Organizati,on: _ _ _ _ _ _ __ Date: _ _ _ _ _ _ __
ASHER INVESTMENT PARCEL JD: 61-24-205-549-0002-00
~ BLDI ENVIRONMENTAi, /IND SAF'ETY M A N A G E M E N T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , - - - - - - , - - - - - - - - - 7
=
FISHER !N\IESTMENT COMPANY
C/0 PARMENTER O'TOOU::
175 'McST APPLE AVE.
!
TO SKYLINE'. DRIVE
MUSKEGON, Ml.
(231)722-5427
"'""""""
O!VERS1FIEO CONTRACTORS
6775 HARVEY
SPRING I.AKE, M!. 49456
(231) 798-1601
PMlNOS "'"" ,,,.0 Mo--Jl-,J ~ ~ ~-~
City of Muskegon
Consolidated Annual Performance Evaluation Report
(C.A.P.E.R.)
2001-2002
Submitted to I-IUD AaKgust 31, 2002
Date: August20,2002
To: Honorable Mayoiand City Commissioners
From: Ric Scott ~~
RE: Big Red Football Request
SUMMARY OF REQUEST:
The Big Red Football program has requested that they be
allowed to have a sale on city Streets.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Denial based on the current City Commission policy
COMMITTEE RECOMMENDATION:
The Leisure Services Board recommended approval for this
year with the policy going to the Legislative Committee
for review.
,I ! '/
'\, \ ! ' '
Affirmntlve Action
23 I /724-6703
FAX/722-12 14
Assessor
23 I /724-6708
FAX/726-5181
Cemetery
231 /724-6783
FAX/726-56 17
C ivil Service
23 I /724-6716
FAX/724-4405 West Michigan's Shorellne City
Clerk
23 I /724-6705
FAX/724-4178
Date : August 20, 2002
Comm. & Neigh.
Services To: Honorable Mayor~City Commissioners
231/724-6717
FAX/726-250 I
§' _.., ,1/
From: Ric Scott / ~
E ng ineering
231 /724-6707 Re: Big Red Football Request
FAX/727-6904
The Big Red Football program is requesting that they
Finance
23 I /724-6 713
sell Big Red decals on various city Street corners on
FAX/724-6768 August 31 st . The current city policy for special events
F ire Dept. does not allow for any new selling of this nature on
231/724-6792 city streets. There are currently four groups
FAX/724-6985
grandfathered. (See attached Special Events Policy.)
Income Tux
23 I /724-6770 At their meeting on Monday, August 19 th , the Leisure
FAX/724-6768
Services Board recommended that the request be granted
Info, Systems for one year, but that the policy be sent to the
231/724-6744
FAX/722-4301 Legislative Committee for review.
Leisure Service Staff would recommend denial of the request based on the
231/724-6704
FAX/724- 1196
City Commissions policy. The policy was established to
limit the amount of events where people sold on city
Manager's O ffice
23 l /724-6724
streets because of liability and safety concerns .
FAX/722-1214
Arlyn Zack, the Principal at Muskegon High School, did
Mayor's Office ask that this request go to you for your consideration.
231/724-6701
FAX/722-1214 He did indicate that both parents and coaches would be
Inspection Services
with the football players selling the decals and that
231/724-6715 the Big Reds would not be back to ask for any other
FAX/726-2501
special exceptions .
P lan ning/Zoning
23 l /724-6702 Thank you for your consideration.
F AX/724-6790
Police Depl.
23l/724-6750
FAX/722-514 0
Public Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Illlllng Depl.
231/724-67 18
FAX/724-6768
Water Filtration
23 l /724-4106
F AX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
CITY OF MUSKEGON
SPECIAL EVENTS/SPECIAL ALCOHOL LICENSE POLICY
INTRODUCTION
Throughout the year, the City of Muskegon is asked by various organizations to supply
various Services for special events, including the approval of special liquor licenses.
While the Police Chief must sign all alcohol-related requests, several other departments get
involved in the process, including the Department of Leisure Services. This policy
centralizes the administration of special liquor licenses and special events with the
Department of Leisure Services and provides rules and regulations to govern both the
granting of the special request and the on-site administration of the event. The final
authority for signing the special liquor licenses, however, remains with the Police Chief.
In the best interest of the city, this policy allows for only one (1) special alcohol license for
outdoor events on any given night in the City of Muskegon, unless a specific event needs
more than one license. Licenses will only be granted for events sponsored by non-profit
charitable or service organizations involving broad community support, and not for private
profit-making activities. The following events are expected, under normal circumstances
to have licenses granted annually.
a. Memorial Day Spectacular
b. Ten Parties-in-the-Park
c. Summer Celebration
d. Shoreline Spectacular
e. Steak and Blues
f. Up to two (four) additional beer tent days per month from Memorial
Day to Labor Day
g. Only three days per month for outdoor events after Labor Day and
before Memorial Day and they must be on consecutive days.
PROCEDURE FOR REQUESTING A SPECIAL EVENT PERMIT
I. All requests for a special permit shall be filed with the Department of Leisure
Services at least sixty days prior to the event.
a. A twenty-five dollar ($25.00) administration fee
must accompany the request.
b. Failure to apply sixty days prior to the event is
cause to deny the request
II. The request for a special permit shall be in writing and must be submitted on the
appropriate application form. Application for outdoor special liquor licenses shall
be for beer and wine only.
II. All special permittees agree to the following:
a. While a Police Officer's presence may not be required at all special
events, it shall be at the discretion of the Chief of Police as to
whether or not, and how many, City Police Officers will be required
at any special event. Event sponsors will be responsible for
payment of officer(s) service based on the time-and-one-half or
triple time established rate plus benefits and all overhead cost.
b. For all alcohol-related events, the applicant will provide a system of
Checking I.D. 's to prohibit underage drinking.
c. Where the event is being held on City-owned or controlled property
the applicant shall provide an amount of insurance as set by the City
for liquor liability and general liability insurance, naming the City as
an additional insured. An acceptable certificate of insurance must
be submitted prior to approval.
d. All outdoor events shall provide adequate restroom (port-o-jon)
facilities including adequate handicapped accessible facilities.
e. Hours of operation shall be posted in the beverage serving area.
f. For alcohol events, the applicant shall agree to stop selling drink
tickets at 10:30 P.M., stop pouring beverages at 11 :00 P.M., and
have the area cleared by 11:30 P.M.
g. The applicant shall provide evidence and certification that the
organization shall at all times have person's pouring beer or selling
beverages that have received alcohol awareness training at every
serving station. (The applicant shall provide evidence and
certification to the City that all persons pouring beer or selling
beverages have received alcohol awareness training.)
h. Checking for underage drinking and over consumption of patrons is
the responsibility of the sponsoring group, not the police.
1. Where the event is held on city owned or controlled property, the
Applicant shall be responsible for all clean up of city facilities after
an event, and for providing a dumpster. If the event is on other
property, the cleanup shall be the responsibility of the owner. The
city shall have the right to enforce cleanup measures, including but
not limited to entry and cleaning by city personnel and charging and
liening the cost to the owner, occupant, or applicant or all of them.
J. The applicant shall reimburse the city for all out-of-pocket expenses
related to the set-up or clean up of the event, including overhead
costs.
k. Failure to comply with all city rules and regulations may result in
the denial of future requests.
I. Digging or staking on grounds will be cleared through Miss Dig. A
minimum of a 3 working day notice is required. The sponsoring
agency is responsible for contacting Miss Dig (1-800-482-7171),
and paying for any damage of underground utilities created by
digging or staking.
N. HANDLING OF REQUESTS
a. The Leisure Services Board, which meets on the third Monday of
each month, shall review all requests for special pennits, except as
otherwise provided by this policy.
1. Any indoor facility may need an inspection before approval can be
granted.
2. The Board shall approve, deny, or table all requests at the Board
Meeting following the receipt of the request.
3. That reviews by other departments shall be provided in copy fonn to
the Leisure Services Board.
b. Where the applicant proposes an indoor alcohol event occurring after Labor
Day or before Memorial Day, it shall be reviewed by the staff and other
departments of the City, and Leisure Services Board review shall not be
necessary, unless City park or recreation facilities are proposed to be used
for the event.
c. Where the Leisure Services Board reviews an application and denies same,
it shall state in writing the reasons for the denial. An appeal of that decision
may be made to the City Commission whose decision shall be final.
d. Where an existing Liquor Control Commission licensee applies for a special
license, the review shall be made by the staff and other departments of the
City as needed before the Police Chiefs decision. Any moneys owed the
City could be reason for denial.
e. All requests that include road closings shall go the traffic Committee for
review prior to final approval, denial, or tabling by the Leisure Services
Board. The sponsoring agency will be responsible for all associated costs.
The Traffic Committee meets monthly on the second Friday.
f Sales of all items for special events must be out of the public right-of-way.
Street sales of newspapers, poppy's, etc. shall not be allowed except for
those events that have existed before September 1, 1996, which will be
allowed as long as they exist.
******************************************************************
INSURANCE REQUIREMENTS
High degree of risk (H) $1,000,000
Medium degree of risk (M) 500,000
Low degree of risk (L) 100,000
Event minimum requirements:
Parties-in-the-Park {H) Parades (L)
Carnivals (H) Block Parties (L)
Organized Walks/Runs (M) Summer Celebration (H)
Shoreline Spectacular (H) Winterfest (M)
Corporate Cup Events (L) Fireworks (H)
Bike Races (M) Alcohol licenses (H)
Any event using City streets and/or sidewalks (M)
Date: August 27, 2002
To: Honorable Mayorand City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Liquor License Request
Pine Street Tavern, Inc.
978 Pine Street
SUMMARY OF REQUEST: The Liquor Control Commission seeks
local recommendation on a request from Pine Street Tavern, Inc., to
transfer ownership of the 2002 Class C licensed business with dance-
entertainment permit from Brutters, Inc.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The City Income Tax Department and
the Treasurer's Office are recommending disapproval due to monies
owed the City.
Muskegon Police Department
A~.t!. 'ii::~
~°' P.ttce
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(231) 724-6750 (231) 722-5140,!a.<
www.muskegonpolice.com
July 26, 2002
To: The City Commission through the City Manager
From: ~ L , /-0)._, O, 9~
nt
ny L. Kleibecker, Chief of Police
Re: Liquor License Transfer at 978 Pine Street
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation concerning 978 Pine Street. Applicants,
Beverly & Lucky Berry are requesting to transfer ownership of 2002 Class C-SDM
licensed business with Dance-Entertainment from Brutters, Inc.
Beverly and Lucky Berry of2610 Pillon Rd., Twin Lake, MI. 49457, are representing
Pine Street Tavern, Inc., 978 Pine Street, Muskegon, MI. 49442. The Berry's have
experience in owning an alcohol service establishment. In years past they have owned
and operated 978 Pine Street as an alcohol serving business. Currently they are in the
process of a foreclosure of 978 Pine Street and have plans of operating that business
again as an alcohol serving business.
We have searched MPD records and conducted a Criminal History Check and find no
reason to deny this request.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 7-25-02
Re: Liquor License Transfer
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Beverly & Lucky Berry of 2610
Pillon Rd., Twin Lake, MI. 49457, representing Pine Street Tavern, Inc., 978 Pine Street,
Muskegon,MI. 49442.
Mr. & Mrs. Berry are requesting to transfer ownership of2002 Class C-SDM licensed
business with Dance-Entertainment from Brutters, Inc. The Berry's have experience in
owning an alcohol service establishment. In years past they have owned and operated 978
Pine Street as an alcohol serving business. Currently they are in the process of a
foreclosure of 978 Pine Street and have plans of operating that business again as an
alcohol serving business.
A check ofMPD records and Criminal History showed no reason to deny this request.
Respectfully submitted,
-·•-· --··--·~~--~.-;?...-,=-----
/"/>~6 ~~~--
Det. Kurt Dykman
data/common/PineSt
Mich,,,,dn 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: July 11, 2002
CHIEF OF POLICE REF#: 187128
980 JEFFERSON STREET
PO BOX536
MUSKEGON, Ml 49443-0536
Chief Law Enforcement Officer
Applicant:
PINE STREET TAVERN, INC. REQUESTS TO TRANSFER OWNERSHIP OF 2002 CLASS C-SDM ~,__
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT AND OFFICIAL PERMIT (FOOD), c:...,~e,,L ,--;:
LOCATED AT 978 PINE, MUSKEGON, Ml 49442, MUSKEGON COUNTY, FROM BRUTTERS, INC. '
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 ftlr Detroit police, the Detroit Police ln1.estigation of
License Request, LC-1802. If there is not enough room on the font of the form, you may use
the back.
Forward your report and recommendations of the applicant to the Licensing Division.
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
POLICE INSPECTION REPORT ON LIQUOR LICENSE REQUEST ,wu .... , IIYl""\l'I L..l~vvn. \.,,Vnl I n,VL.. '-'VIIIIVll.;;i.,;;,1v1 ..
7150 Harris Drive '<"-,.,._;_¼~ _ '\-
Req ID# 187128 ' (Authorizedbyr, ;36.1217)
P.O. Box 30005 ·1 · \' . ~¼--..
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)
PINE STREET TAVERN, INC., 978 PINE, MUSKEGON, Ml 49442, MUSKEGON COUNTY
REQUEST FOR:
REQUEST TO TRANSFER OWNERSHIP OF 2002 CLASS C-SDM LICENSED BUSINESS WITH
DANCE-ENTERTAINMENT PERMIT AND OFFICIAL PER.MIT (FOGQ.}, FROM BRUTTERS, INC.
C8'.,t-.....c.......\... 7~l'ti•o:)...
~
I Section 1. APPLICANT INFORMATION I
APPLICANT #1: NO FINGERPRINTS REQUIRED APPLICANT #2: NO FINGERPRINTS REQUIRED
BEVERLY BERRY-STOCKHOLDER LUCKY BERRY-STOCKHOLDER
HOME ADDRESS AND AREA CODE/PHONE NUMBER HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2610 PILLON ROAD SAME ADDRESS & PHONE# AS BEVERLY
TWIN LAKE, Ml 49457
H(231 )744-4860
DATE OF BIRTH: 7-/ 9·32,, DATEOFBIRTH: <'/·19· 1./0
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?
• Yes •No • Yes • No
0 0
Does the applicant have a Visa? Enter status: Does the applicant have a Visa? Enter status:
Date finaerorinted: Date finaerorinted:
Attach the fingerprint card and $30.00 for each card and mail to the Michigan Liauor 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
Can living quarters be reached from the inside of the establishment without going outside? D Yes )li/'No
Does applicant intend to have dancing or entertainment?
D No ~ s , complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? )if. No D Yes, explain relationship:
I Section 3. Local and State Codes and 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? jiZI Yes 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? El Yes D No
2. Is the proposed location satisfactory for this business? Yes D No Kl
3, Should the Commission grant this request? E9' 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)
~ L.. J ~ •• o_ o ~ 7 -2.. C. -o.z...
ignre,G;illerif!-er Chief of Police) Date
LC-1800 Rev, 02/02
STATE OF MICHIGAN ~f)__ 1-\%0.,__
'EPARTMENT OF CONSUMER & INDUSTRY SERY" S
LIQUOR CONTROL COMMISSION REQ ID: 187128 hi':>
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)
PINE STREET TAVERN, INC.
APPLICANT/LICENSEE PHONE NUMBER
STREET ADDRESS TOWNSHIP ZIP
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 J
SEAL (Signed)._ _ _ _ _ _~~~=--,,..~
, ('Fownship, City of Village Clerk)
'(Mailing address of Township, City of Village)
LIQUOR LICENSE REVIEW FOR.1'1
Business Name: f;_'n c..
•
_<;ft'e e f k;ec/J
AKA Business Name (if applicable): _ _____..,(J""-·_,__c....u"---'-f-'f'-.'-f'./'<-..::.-.S,___ _ __
Operator/Manager's Name: ____,/3!,..L!_e;....;t...&',w·'c'-b"-"'-_,.;:j_,:,___./---"'{;1'-'c..,_!:~.v,:,._.r../<.,.w::,ee..,,'L/'_;;:_.7'
'{?-5 77 C' i:?
Business Address: 9 7,f . 6n e.
Reason for Review:
New License D Transfer of O~ership J8:' D Dance Permit
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockholder Name D New Entertainment Permit 0
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: /Icy u,::, t
Police Department Approved D Denied O No Action N';eded D
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Departm.ent Signature._~---'--·_· -~---~~--1t
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Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ."VI
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Reason for Review:
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Dance Permit
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Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
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Liquor License Coordinator
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Commission Meeting Date: August 27, 2002
Date: August16,2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Zoning Ordinance Amendment to ~ o r d i n g studios in
the B-2, Convenience and Comparison Business District and
to allow live music concert halls as special uses in the B-2,
Convenience & Comparison Business, B-3, Central Business
and B-4, General Business Districts.
SUMMARY OF REQUEST:
Request to amend Section 1100 (Principal Uses Permitted) of Article XI (B-2,
Convenience & Comparison Business) of the City's Zoning Ordinance to allow
recording studios; and to amend Sections 1101, 1201, and 1301 (Special Land Uses
Permitted) of Articles XI (B-2, Convenience and Comparison Business), XII (B-3,
Central Business), and XIII (B-4, General Business) of the City's Zoning Ordinance to
allow live music concert halls, under certain conditions.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add the proposed language
in the articles and sections described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 8/15 meeting.
The vote was unanimous.
8/16/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 15, 2002
Hearing; Case 2002-35: Request for an amendment to the Zoning Ordinance to allow
recording studios in the B-2, Convenience & Comparison Business district, and to allow live
music concert halls as special uses in the B-2, Convenience and Comparison Business, B-3,
Central Business, and B-4, General Business districts.
BACKGROUND
In late June, staff met with a business owner with a proposed use he wishes to locate within the City
of Muskegon. After discussion with the business owner, various staff members and the City
Attorney, staff had been unable to determine which zoning district that the use best fit within, and
therefore brought the issue before the ZBA to classify the use. A copy of the minutes of that ZBA
meeting is attached. The determination of the ZBA was that recording studios should be principal
uses permitted in the B-2 (Convenience and Comparison Business) zoning district and that 'live
music concert halls' should be special uses only in the B-3 (Central Business) and B-4 (General
Business) zoning districts.
Since the ZBA's determination, staff has met again with the business owner and explored his
options, given the ZBA's classification of his use(s). His principal use is that of a 'live music
concert hall', with a recording studio as an accessory use. The property in question that he wishes
to use for these purposes is cunently zoned B-2, which by the ZBA' s determination would allow the
recording studio but not the live music conceit hall. Therefore, he is making two requests to the
Planning and City Commissions. The first is to consider adding 'live music concert halls' as a
special use in the B-2 district, as well as in the B-3 and B-4 districts. The other request (next on this
agenda) is to rezone his property to B-4. These reqnests are being made as an 'either/or' situation.
When adding a new use to the Zoning Ordinance it is possible for the Planning and City
Commissions to place ce1tain conditions on that use that any business would need to meet. This has
been done for other uses in the past, such as mini-storage and churches. Staff has discussed the
'live music concert hall' use both internally and with the neighborhood association involved with
this case and the current applicant. Based on the discussion, staff is proposing a set of conditions to
be placed on this use (whether placed in B-2, or just in B-3 and B-4 as classified by the ZBA) that
will address nuisance concerns and hopefully keep the impact of such a business on the surrmmding
neighborhood to a minimum.
One of the biggest concerns which has been mticulated in the current case is that of pm·king. The
Zoning Ordinance lists parking requirements by use, and this use would be listed under 'dance hall'
as the closest equivalent. The parking requirement for a 'dance hall' is: One (1) space for each two
(2) persons allowed within the maximum occupancy load as established by fire, building or health
City of Muskegon Planning Commission - 8/15/02 I
codes, plus one (1) space for every three (3) seats of spectator seating (one seat equals two feet of
bench length). Staff feels that this requirement, along with the requirement that all parking
associated with a business be located either on the same site or within 300 feet (excluding
residential property), should adequately address the concern over parking.
Another concern that has been discussed is that of noise. The City does have a separate Noise
Ordinance, which is administered by the Police Department. This ordinance is in force throughout
the City, and applies to any business located in any zoning district. Section 26-34 of the Noise
Ordinance prohibits "the operation of any radio receiving set, instrument, phonograph, machine or
device between the hours of 11 :00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a
distance of 50 feet from the building, structure or vehicle in which it is located ... " The ordinance
also prohibits (at any time of day) any sound which disturbs the peace, quiet and comfort of
neighbors or which is louder than necessary for the convenient hearing of any persons in the room,
vehicle or chamber where the machine or device is operated.
A third concern has been that of safety and security on the site, as well as loitering and curfew for
kids and teenagers. A 'live music conceit hall', while able to cater to patrons of any age group,
likely will attract many young people even to events that are not specifically designated for them.
Staff feels strongly that there is no reason for any person to be outside any building being used for
this purpose, other than for the purpose of being dropped off or picked up by a ride, or while
waiting to enter the premises. Security staff should be provided by the business operator in order to
ensure that loitering will not take place, as well as to make sure that persons who have a bona fied
reason to be outside the building are not causing any concerns or being a nuisance to neighboring
businesses or residences. Also, the curfew set in place by the City should be enforced by the
business owner for any person 16 years of age or younger. The curfew does not allow any such
person to be out on a public street between the hours of 11 :00 p.m. and 6:00 a.m. unless
accompanied by a parent, on an emergency errand, or returning directly home from an activity or
employment.
Other concerns are addressed in the proposed set of conditions outlined below. Staff recognizes
that such a business may in some cases wish to serve alcohol. Currently bars, taverns and other
businesses which regularly serve alcohol are only permitted in the B-3 or B-4 zoning districts. Staff
feels it is reasonable to extend this to 'live music concert halls' as well. If the Planning and City
Commissions feel that it is reasonable to allow this use in the B-2 district as well (under Special
Use Permit) as requested by the applicant, staff would propose that such a use be alcohol-free in
that district.
If this request is approved, any business proposing to go in would need to meet the general
conditions outlined for 'live music concert halls' in the ordinance. The Planning Commission also
has the right to add other, more specific conditions for any particular business which comes before
them asking for a Special Use Permit to operate a 'live music concert hall'.
City of Muskegon Planning Commission - 8/15/02 2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2087
An ordinance to amend Section 1100 (Principal Uses Permitted) of Article XI (B-2, Convenience
& Comparison Business) of the City's Zoning Ordinance to allow recording studios; and to
amend Sections 1101, 1201, and 1301 (Special Land Uses Permitted) of Articles XI (B-2,
Convenience and Comparison Business), XII (B-3, Central Business), and XIII (B-4, General
Business) of the City's Zoning Ordinance to allow live music concert halls, under certain
conditions.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 1100 (Principal Uses Permitted) of Aiiicle xi (B-2, Convenience and Comparison Business)
of the Zoning Ordinance of the City of Muskegon is hereby amended to add the following:
10. Recording Studios.
Section 1101 (Special Land Uses Permitted) of Article XI (B-2, Convenience and Comparison
Business) of the Zoning Ordinance of the City of Muskegon is hereby amended to add the following:
9. Live Music Concert Halls, under the following conditions:
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be pennitted
outside the building.
b. The business will not be permitted to serve alcohol at any time to any person.
c. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the site.
d. The business will not operate between the hours of3:00 a.m. and 8:00 a.m. No person
of 16 years of age or younger will be permitted within the business after midnight and
must directly exit the premises after that time.
e. The site and general vicinity will be maintained and litter-free, and will be checked for
litter every day before opening.
f Security lighting will be provided for the site.
Section 1201 (Special Land Uses Permitted) of Article XII (B-3, Central Business) of the Zoning
Ordinance of the City ofMuskegon is hereby amended to add the following:
6. Live Music Concert Halls, under the following conditions:
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be permitted
outside the building.
b. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the site.
c. The business will not operate between the hours of3:00 a.m. and 8:00 a.m. No person
of 16 years of age or younger will be permitted within the business after midnight and
must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be checked for
litter every day before opening.
e. Security lighting will be provided for 'the site.
Section 130 I (Special Land Uses Permitted) of Article XIII (B-4, General Business) of the Zoning
Ordinance of the City of Muskegon is hereby amended to add the following:
I 0. Live Music Concert Halls, under the following conditions:
a. The business will operate in such a manner as to comply with the Noise Ordinance
enacted by the City of Muskegon. No music (either live or piped) will be permitted
outside the building.
b. The business will maintain security staff, both inside and outside the building, at all
times when open to customers. Loitering will not be permitted on or around the site.
c. The business will not operate between the hours of3:00 a.m. and 8:00 a.m. No person
of I 6 years of age or younger will be permitted within the business after midnight and
must directly exit the premises after that time.
d. The site and general vicinity will be maintained and litter-free, and will be checked for
litter every day before opening.
e. Security lighting will be provided for the site.
'Ibis ordinance adopted:
Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd, Spataro
Nayes.:~N~o=n=e~-----------------------
Adoption Date: _ _~A=u=g=u=s=t~2=7w,~2=00=2~---------
Effective Date:_ __,S"'e""p"'"'te"'m""b"'e"-r-'-'15'--''-=-20"-'0'-'2'---------
First Reading:. _ _----"A"'u..g u,,,s"'t'-"-27.w....,-"2""0""02~---------
Second Reading:. _ _.cl.LJlA_ _ _ _ _ _ _ _ _ _ _ _ __
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of August, 2002, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with Act
No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or
have been made available as required thereby. /
Jj ~ ~~W
1
DATED: . August 27 , 2002.
Gail Kundinger, CMC/A.AB
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 27, 2002, the City Connnission of the City of Muskegon adopted an
ordinance to amend Section 1100 (Principal Uses Permitted) of Article XI (B-2, Convenience and
Comparison Business) of the City's Zoning Ordinance, to add the following:
10. Recording Studios.
Sections 1101, 1201 and 1301 (Special Land Uses Permitted) of Articles XI (B-2, Convenience and
Comparison Business), XII (B-3, Central Business), and XIII (B-4, General Business) of the City's
Zoning Ordinance were also amended to add 'Live Music Concert Halls' under certain conditions.
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 September 5 ,2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _~
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: August 27, 2002
Date: August16,2002
To: Honorable Mayor and City Commis~si
n rs
From: Planning & Economic Developmen~
RE: Request for preliminary Planned Unit evelopment approval
for 1350 Hackley Ave. (Hackley Glen).
SUMMARY OF REQUEST:
Request for preliminary Planned Unit Development approval for the current Hackley
Glen property, for a mixed-use residential development, containing senior, family
apartment and possible future condominium units. The request is from Ruddiman
Associates Limited Partnership.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends preliminary approval of the PUD provided that the conditions listed
in the attached resolution are met.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended preliminary approval of the PUD, with the
conditions listed on the attached resolution at their 8/15 meeting. The vote was
unanimous.
8/16/2002
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Proposed projects include cross-lake ferry, farmers market, county
convention center, marina, and market rate housing.
Representatives of the Mart Dock have been receptive to a consent
assessment to ensure that development takes place. The consent
assessment would allow the city to recover the lost revenue should
development not take place. They have also offered to ensure that
there is private investment of $1 million. Maintenance and demolition
costs would not be eligible costs to count toward the $1 million.
Development will occur within two years if the ferry project does not
move ahead, but sooner if the project does proceed.
The public access portion of the project would not occur unless either
the ferry or the farmers market or both projects proceed.
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Staff Report
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 15, 2002
Hearing; Case 2002-38: Request to amend the Planned Unit Development for Balcom's Cove,
2964 Lakeshore Dr., to allow changes in the site plan, by the Archimedes Group, LLC.
BACKGROUND
Applicant: Archimedes Group, LLC
Request: To amend the site plan to include a wall to the east of the property and to reduce the front
setback along Lakeshore Dr.
Present Land Use: Residential condominiums under construction.
Zoning: WM, Waterfront Marine
STAFF OBSERVATIONS
1. Balcom's Cove is located on Lakeshore Drive, next to the City's launch ramp. The project
received approval for a Planned Unit Development (PUD) for high-rise condominiums in
January of 2000.
2. The PUD received approval from the City Commission on January 25, 2000. A copy of the
resolution passed to approve the project is enclosed. A list of 17 conditions were placed on the
approval for the project.
3. The project has proceeded and is currently under construction. The design called for two
buildings with associated garages and carports between the buildings and Lakeshore Dr. When
the first set of carports began to be constructed, staff received several phone calls about the
proximity of the carport 'wall' to Lakeshore Dr. When staff went out on site to take a look, it
was apparent that the 'wall' was definitely closer to the street than on the approved plan.
4. Staff spoke with several members of the Archimedes Group in order to determine what had
happened and why staff wasn't apprised when changes were made to the site plan after it had
been approved. Staff also informed the Archimedes Group that the 'changes' were significant
enough that they would require an amendment to the approved PUD. Staff received a letter
from the Archimedes Group (see attached letter dated 7/8/02) informing staff of their intention
to apply for the amendment for the August Planning Commission meeting. Staff received the
application and a second letter with some explanation for the changes, and the site plan was
received a few days later (see enclosed site plan and letter dated 7/25/02).
5. The construction on the project has continued pending the PUD amendment request, including
those portions of the project which are departures from the originally approved plan. A site plan
is a document with legal standing, which is essentially a contract between the developer and the
community. Any developer is obligated to follow the approved site plan.
City of Muskegon Planning Commission - 8/15/02 1
6. Staff understands that there may be necessary changes to plans, especially for a large project
such as this. However, such changes need to come back for approval before construction either
begins or continues. In this case, the applicant did not bring the changes to staffs attention -
instead they were discovered after the fact.
7. There are two significant deviations from what was originally on the approved site plan and
what is currently under construction on the site which are:
a. The approved site plan showed two rows of carports parallel to Lakeshore Dr., in front of the
condominium buildings and garages. These carp01is are shown on the plan to be a minimum
of 12 feet back from the front property line. There also is approximately 8 to 10 feet of
terrace shown between the propeliy line and curb, although dimensions for the terrace area
are not given. Preservation of existing trees and heavy landscaping was required (and is
shown) in this front setback area in order to mitigate the appearance of the long 'walls'.
When the Zoning Inspector went out on site to look at what had actually been constructed,
the easternmost row of carpoli 'wall' was already constructed. The Zoning Inspector
measured the distance from the curb to the 'wall' at two points. The first measurement was
9 feet and the second (next to the drive entrance) was 7.5 feet. This was considerably under
the minimum of 12 feet of setback plus terrace area shown on the site plan, and greatly
reduces the amount of space left for the proposed landscaping. The wall was broken up and
'staggered', according to the applicant as a way to mitigate the appearance of the long,
unbroken expanse of wall.
Staff originally had a fmiher concern as it appeared as if the 'wall' may have actually been
constructed within the City's right-of-way. After both the Zoning Inspector and City
Engineer looked at it however, they feel confident that the wall is on private property, and
not located within the terrace.
b. The second major change is that a six-foot wall has been constructed along the eastern
property line, adjacent to the City launch ramp. This wall was not shown on the approved
site plan. The approved resolution did address future screening needs on this side of the
property, but stated that any future screening would need to be 'step-up' and 'step-down'
with lower heights near the water and roadside (4 feet) and higher levels permitted in the
middle (6 feet). The 6-foot concrete wall is both stark and gives a "f01iress" appearance that
should be avoided, pmticularly along the waterfront. This unauthorized wall could be either
removed altogether, paliially removed (e.g., from the building lakeward) or stepped down to
four feet.
During the time after this PUD was approved, the ordinance was amended to require a 75-
foot waterfront setback from the ordinary high water mark or wetland on any lakefront
property. No fence or wall of any height may now be constructed within this 75-foot
setback area. Since this wall was not on the previously approved plan, it is not considered to
be grandfathered under the current requirement. The applicant has stated that the wall was
constructed in order to keep the prope1iy from being vandalized by people using the launch
ramp.
8. The applicant is asking to amend the plans to include the changes as constructed. They have
City of Muskegon Planning Commission - 8/15/02 2
submitted a site plan showing the actual setbacks and the constructed wall. The stated reasons
for the change include the relocation of the easternmost building in order to meet fire access
requirements (the Fire Marshal had not yet reviewed the plans when approved by the City
Commission, and one of the conditions of approval was that fire and emergency access
approvals would be required). Again, when that fire access requirement was put in place and the
building was shifted by the developer, that change should have come to staffs attention so that
it could be approved at that time.
9. According to the developers, the shifting of that building caused everything else to be shifted as
well, and brought the garages and carports closer to the road. The applicant has also stated that
they did not have accurate survey drawings of Lakeshore Dr. at the time that the original site
plan was approved, and that the terrace area shown on that plan was inaccurate, actually much
less terrace area existed.
10. Staff was apprised of the removal of the large existing trees in the front setback. Cranes were
unable to maneuver over the trees and the developer was advised that pursuant to the ordinance,
the trees would have to be replaced with "(2) trees for every one tree lost with trees ofa minimum
of three (3) inches in diameter four and one-half (4 ½) feet above the ground". Given the reduced
setback, it will be difficult to provide shade trees along the setback or anywhere else on site.
Perhaps the developer could make suggestions as to how to mitigate this situation given the
limited flexibility of the site proper.
11. Staff has routed the submitted plan and has the following comments from other departments:
a. The Depmtment of Public Works is still not entirely convinced that the 'wall' has not been
constructed in the City right-of-way, but it appears on the plan that it is entirely on private
property. The DPW also stressed to staff that determining locations of buildings, rights-of-
way, etc. is the responsibility of the developer and that they should rely on surveys, not
maps or charts.
b. The Director ofinspections Services (former Fire Marshal at the time this project was
originally approved) has stated, "They were told that fire depmtment access is required and
they were given the information as to the dimensions required. We did not tell them to shift
the garages. They did this on their own to solve the problem. Fire and Life Safety issues are
paramount and access to this site can not be compromised. The requirements from the fire
code for access were given early in the review process".
c. Staff has not yet received comments from the current Fire Marshal or City Engineer but will
bring any comments from them to the meeting.
12. At this point, staff sees several options to mitigate unapproved site design changes. First, the
developer could be required to remove the outer 'walls' from the carports or to remove the
carports all together. In any case, as much landscaping as can fit in the space left should be
provided to screen either the 'wall' or visible cars (if the wall is removed or partially removed)
from public view along Lakeshore Dr.
13. The Planning Commission may wish to look at other ways to mitigate these 'changes' to an
already approved site plan as well. Staff has outlined several options for mitigation in the
motion for consideration below, or the Planning Commission may have additional suggestions
for ways this situation can be mitigated.
14. Staff strongly recommends the use of a performance guarantee to ensure that the approved
City of Muskegon Planning Commission - 8/15/02 3
changes, including landscaping, are put in as required with no deviations or substitutions. The
performance guarantee would need to be in place before a Certificate of Occupancy is issued for
the development.
PHOTOS
Wall along easternmost property line.
,',',,<,:'U.i
View along carport 'wall' looking westward along Lakeshorc Dr.
City of Muskegon Planning Commission - 8/15/02 4
DELIBERATION
Standards for discretionary uses: (emphasis provided)
1. Give due regard to the nature of all adjacent uses and structures and the consistency with the
adjacent use and development.
2. Find that the proposed use or activity would not be offensive, or a nuisance, by reason of
increased traffic, noise, vibration, or light.
3. Adequate water and sewer infrastructure exists or will be constructed to service the activity.
4. The proposed site plan complies with section 2313 (4) of the ordinance and has:
a. proper ingress and egress
b. sufficient parking areas, streets, roads and alleys
c. screening walls and/or fences
d. adequate fire and police protection
e. provisions for disposal of surface water run-off, sanitary sewage
f. adequate traffic control and maintenance services
g. preserves property values to related or adjoining properties.
OPTIONS GIVEN TO PLANNING COMMISSION REGARDING MITIGATION:
1. A revised site plan addressing all mitigating factors decided upon by the Planning and City
Commissions will need to be submitted and approved.
2. A performance guarantee for all landscaping, screening and any other requirements will need to
be provided.
3. With respect to the wall along the eastern edge of the property:
City of Muskegon Planning Commission - 8/15/02 5
a. The wall could be left as is with heavy landscaping and ivy provided to break up the long
expanse; or
b. The wall could be completely taken down to comply with the originally approved site plan;
or
c. The wall could be changed in order to make it 'step-up' and 'step-down' as provided for in
the original PUD approval. The portions of the wall near the street and the water would
need to be restricted to a maximum of four feet in height, with the center pmiion allowed to
be six feet in height. Ivy and heavy landscaping would need to be provided to break up the
long expanse.
4. With respect to the carports:
a. The carports could be required to be completely taken down with regular, open parking
spaces provided instead; or
b. The carpmi 'walls' facing Lakeshore Dr. could be lowered with the roofs sloped forward in
order to break up the visual effect of the 'walls'; or
c. The carports could be left as constructed.
d. With any of the above options, staff recommends that as much heavy landscaping (with ivy
on any existing portions of 'wall') as possible be put in place to block the visual effect of
either the 'walls' or open parking spaces. There appears to be additional space along the
eastern property line where landscaping could be provided as well as in the (reduced) front
setback area along Lakeshore Dr.
5. With respect to landscaping issues:
a. Recognizing that the reduced setback areas do not provide the room for such landscaping as
originally proposed (and approved) in the front setback area, staff is offering a suggestion to
the developer that they may wish offer additional offsite improvements to help mitigate the
fact that these 'changes' were made without City approval.
b. As much landscaping as can practically be supported and maintained in the reduced setback
area along Lakeshore Dr. needs to be provided. Taller canopy trees could be provided which
would not create hazards to clear vision at any driveways. Any remaining walls should be
landscaped with ivy as well.
c. Heavy landscaping can and should be provided along the eastern property line where there is
more space than along Lakeshore Dr.
d. The developers had agreed to replace the trees, which were removed along Lakeshore Dr.
with a comparable amount of trees pursuant to the ordinance.
6. There is currently an 'unofficial' drive from the easterly row of carports into the launch ramp's
drive entrance onto Lakeshore Dr. This 'unofficial' drive appears to be utilized by construction
vehicles and the developers have stated that it will be closed once construction is complete.
This drive needs to be closed and blocked with landscaping provided in the remaining areas.
7. Screening along the western property line between the development and the existing home was
required at the time of the original PUD approval and was shown on the approved site plan.
This screening has not yet been put in place and still needs to be provided.
City of Muskegon Planning Commission - 8/15/02 6
CITY OF MUSKEGON
RESOLUTION 2000-21 ( d)
RESOLUTION FOR A PLANNED UNIT DEVELOPMENT FOR 2964 LAKESHORE DR.
WHEREAS, a petition for a planned unit development was received from the Archimedes
Group LLC; and,
WHEREAS, a planned unit development will allow a condominium development in the WM,
Waterfront Marine zone; and,
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Planning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Planniog Commission and staff have recommended approval of the Planned
Unit Development with conditions as follows:
1. Resubmit the revised site plan to document the location of existiog trees with a note they
will be preserved. Only 2 of the existing trees are shown to remain on the site plan and
front elevation. ·
2. Adhere to the open space, landscape augmentation, wall, and berming plan submitted
1/4/00. Clarify size and species of trees to be used on the pier.
3. Clarify method of screening for the parking on the pier.
4. At a minimum, adhere to the front elevation (Lakeshore Drive view) design submitted
1/4/00. Additional windows or larger windows would be permissible in the design.
5. Provide assurances that site has had a baseline environmental assessment (BEA) and any
other appropriate environmental investigation necessary.
6. The development is limited to 56 units and 95 feet in height from the road grade.
7. The existiog chain-link fence with barbed wire adaptations must be removed from site.
Any future screening provided on the east property line must be "step-up" and "step-
down" with lower heights near the water and roadside (4 feet) and higher levels
permitted in the middle (6 feet).
8. The portable sign on the site must be removed immediately.
9. Car parking on the pier must be screened from the water.
10. The marina improvements and dockage footprint may not expand. The project may not
include any activities that would fill the lake.
11. The drive access must be approved by and meet the standards of the City's Engineering
department
12. Site drainage (rooftop and parking lot) needs to be managed on site. The plan needs to
be approved by the City's Engineering department.
13. Pole lighting on the site shall be no higher than 17 feet and shall be a "cut-off" fixture to
prevent light from bleeding onto adjacent properties and into the night sky.
14. Fire and emergency site access approvals must be obtained for the final site plan.
15. A more detailed soil erosion control plan must be provided prior to the issuance of a
building permit pursuant to the State Soil Erosion and Sedimentation Control Act.
16. A performance guarantee for landscaping and screening must be submitted prior to the
issuance of a building permit.
17. The applicant/owner must formally disclose that the land in proximity to the subject
property is zoned I-2, general industrial, and may be used for any industrial use
permitted by the zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED that the recommendation by staff and the City
Planning Commission be accepted and the final planned unit development is hereby approved
with conditions.
Adopted this 25th day of January, 2000
Ayes: Schweifl er, Shepherd, Si eradzk i, Spataro
Nays: Aslakson, Benedict, Nielsen
Absent: None
By: \ ~ • Ll,,)kff#J
FredI.Nin, Mayor
Attest: Pa-J_, Q. ~v--dl.,,vv;\
Gail A. Kundinger, Clerk 6
w
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, IVIichigan, does hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 25th day of January, 2000, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby.
DATED: ----'J'-"a-'-"nu"-'a"-r"---y---=2:.::.5__, 2000.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
The Archimedes Group LLC
11
G,'ve me a lever and a place to stand and I will move the earth. 11 Archimedes
July 8, 2002
Mrs. Cathy Brubaker-Clark, Director of Community and Economic Development
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Re: Balcom' s Cove
Dear Mrs. Brubaker-Clark:
I want to thank you and your staff, on behalf of The Archimedes Group-Balcom's Cove,
LLC, for bringing to our attention the need to file a request to amend the Balcom's Cove
Planned Unit Development. We are in process of preparing the amendment and will
meet with staff and submit the request in time to be considered for the August Planning
Commission meeting.
As with any development of this size and complexity there are changes that must be
made during construction to meet codes and improve the end product with an eye toward
marketability and success of the development. Balcom's is no different. We have made
siguificant changes most of which were as a result of working with city staff to comply
with construction code issues. Other changes were intended to further upgrade the
development. Most of these changes had no affect on the original approved PlJD,
We are in the final stages of construction and will submit any changes which are different
than the approved PlJD through the amendment process, of which we believe, are only a
couple. We will submit these as a proposal of "as-built" so as not to piece-meal our
amendments. We look forward to working with the City of Muskegon to make Balcom' s
Cove the success we said it would be and one of which we can all be proud.
Please feel free to call on Dave Wendtland at 206-3296 if you have any questions.
Sincerely, / ·.
,/,,'-"""~,,
~~;;t~;;f~~-:--inn----an_ __
The Archimedes Group-Balcom's Cove, LLC
Cc: Mayor Warmington and City Commissioners
Bryon Mazade, City Manager
Brenda Moore, Deputy Director of Community and Economic Development
Debbie Steenhagen, Zoning Officer
David L. Wendtland; Managing Mamlm Richard B. Anderson; Ra,idantA,iant
525 W. Norlon Ave. • Muskegon, Ml 49444 • Phone (231) 739-1626 • Fax (231) 739-9331 • E-Mail: davidwendtland@chrystalanderson.com
The Archimedes Group LLC
"Give me a lever and a place to stand and I will move the earth. 11 Archimedes
July 25, 2002
Mrs. Cathy Brubaker-Clark, Director of Community and Economic Development
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Re: Balcom's Cove
Dear Mrs. Brubaker-Clark:
Enclosed is the Planning & Zoning Application for a PUD Amendment for Balcom's Cove. This
Application identifies "As Built" dimensions for building and screening wall set-backs versus the
original PUD for Balcom' s Cove approved by the City Commission and Planning Commission
(The Survey and Amended PUD drawing is in process and will be submitted early next week per
Deb Steenhagen' s request).
1) The PUD Amendment will show that the Towers were set back from the marina an
additiomtl 6 feet +/- due to the Fire Marshal's direction to provide for frre truck access to
the front of the buildings, especially the East Tower.
2) Additionally, Lakeshore Drive as constructed is wider than shown on the original PUD as
a result of the parking lane and street width. This results in a reduction of the terrace and
planting area by an estimated 4-5 feet.
3) The turning radiuses to the parking garages and carports are minimum necessary for
maneuverability.
4) The combination of the above has reduced the depth of the planting area street-side of the
screening wall and the curb. In an effort to mitigate any negative affect, the carport-
screening wall has been offset at various .locations to improve the visual appearance and
provide the greatest depth to the landscape area.
5) The Landscape Plan is being prepared and will be submitted as soon as complete. We
believe that the offsetting of the screening wall combined with a quality landscaping plan
will result in visual affect that exceeds the original PUD.
6) A screeaing wall was added to the East Side of the property to reduce any conflict with
the use of the City's Cottage Grove Boat Launch Ramp.
Although we would prefer to _have submitted completed "As Built" drawings as the PUD
Amendment, which are also required under Condominium Law, we were instructed to submit this
portion at this time. We will update this submittal with "As Built" drawings when complete.
Rest assured that Archimedes-Balcom's Cove, LLC remains as committed to a first class
development for itself, The City, The Neighborhood and Purchasers as it was at the initiation of
Balcom's Cove.
Cc: Deb Steenhageu
David L. Wendtland; Managing M,mb" Richard B. Anderson; Re,id,nt Agent
525 W. Norton Ave. • Muskegon, MI 49444 • Phone (231) 739-1626 • Fax (231) 739-9331 • E-Mail: davidwendtland@chrystalanderson.com
The Archimedes Group LLC
"Give me a /ever and a place to stand and I will move the earth. 11 Archimedea
August 14, 2002
Mr. Peter Sartorius, Planning Commission Chair and
Planning Commission Members
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Re: Balcom's Cove PUD Amendment
Dear Mr. Sartorius and Planning Commission Members:
The following is submitted with the requested Amendment to the Balcom's Cove PUD
for your review and consideration.
Background:
The original PUD request was approved by the City Commission on January 25 th 2000
after recommendation by Planning Commission and Staff.
The final detailed engineering drawings were submitted in June.2000 after a prolonged
bidding process, financing procedure and redesign as a result of several meetings with
fire, engineering and code enforcement personnel.
Specific Requested Amendments:
1. Lakeshore Drive Screening Wall & Development Footprint - Amended Site Plan.
A. The Original PUD site plan was submitted based upon a survey which,
although accurately identified the site, inaccurately depicted the street and curb as
it existed prior to the last reconstruction. The "terrace area" was reduced with this
reconstruction by approximately 8 feet.
B. Through meetings with city staff, additional modifications were made
including the buildings being setback further (approximately 8.3 feet) from the
waters edge to accommodate fire fighting equipment in front (lakeside) of the
structures. These changes were included in the June 2000 submittal.
C. The combination of the above resulted in the Plans submitted in June 2000
Richard B. Anderson; Rcs1tlrnl Agent
525 W. Norton Ave. • Muskegon, Ml 49444• • f"lwn, (231) 739-1626 • Fax (231) 739-9331 • E-MaJ davoJwendtlanJ@chrystalandernon.con
showing the location of the buildings and Screening Wall as depicted on the PUD
Amendment request.
D. The Screening Wall and Development Footprint as Amended are in
compliance with the intent of the City's Zoning Ordinance with regard to PUD,
Screening/Landscaping and Parking requirements.
Actions already taken to improve/mitigate amendment request:
Screening Wall is "offset" at several locations to provide the greatest depth to the
landscape area between the Screening Wall and the curb including terrace area.
Improved the visual appearance.
Proposed Additional Actions;
Utilize landscape area on Lakeshore with same amount of trees and scrubs of
different species to reflect amended size. Add plantings along Screening Wall -
Climbing Ivy or similar species and scrubs. The trees which were removed due to
safety issues will be replaced on site.
2. East-Side Screening Wall - Amended Site Plan
This Screening Wall was an addition to the original PUD in an attempt to avoid
future conflicts between residents ofBalcoin's Cove and users of the City's
Cottage Grove Launch Ramp. The Screening Wall also separates Balcom's Cove
from what is essentially a parking lot.
Archimedes-Balcom' s Cove further takes issue with the statement that 'The 6-
foot concrete wall is both stark and gives a 'fortress' appearance .... "(Staff
Observations 7b). This statement is the authors opinion, and further suggests that
the zoning ordinance controls aesthetics, The developer would not nor has it
purposeful! y constructed the wall to detract from marketability and visual
appearance.
Actions already taken to improve/mitigate amendment request:
The Screening Wall was varied in height and offset to improve the visual
appearance. It also screens the parking area of the Cottage Grove Launch Ramp
from the Residential Use of Balcom' s Cove.
Proposed Additional Actions:
Add plantings including scrubs and vines on the East side of the Wall with
some on City property.
3. West Side Screening Wall -Amended Site Plan
We are suggesting that the original masonry Screening Wall be replaced with
evergreen scrubs where there are not existing scrubs.
Summary:
A. The requested amendments to the original PUD for Balcom's Cove are consistent
with the City of Muskegon's PUD Ordinance, the Developments Design
Standards and are necessary to meet minimum code and design requirements.
B. The Landscape Plan will be amended to reflect these changes.
C. We are committed to continue working with City Staff, Planning Commission and
City Commission to complete this development of which we will all be proud.
c ard Borgeso , A r c h i t ~
Cc: Mayor Warmington and City Commissioners
Bryon Mazade, City Manager
Cathy Brubaker-Clark, Director of Community and Economic Development
The Archimedes Group LLC
11
Give me a fever and a place to stand and J will move the earth. 11 Archimedes
August 22, 2002
Mayor Warmington, Vice Mayor Karen Buie and Commissioners
Gawron, Larson, Schweifler, Shepherd and Spataro
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Re: Archimedes-Balcom's Cove Requested PUD Amendment,
Dear Mayor Wannington, Vice Mayor Karen Buie and Commissioners
Gawron, Larson, Schweifler, Shepard and Spataro:
The following is presented in follow-up to the Amendment Request in an effort to
provide factual information and provide a win-win-win solution to this Request:
I. Footprint of Building and Location of Lakeshore Drive Screening Wall.
Facts:
A. The PUD as approved by Resolution #2000-2l(d) on January 25. 2000
included a site plan which showed the Condominium Structures
approximately eight (8) feet closer to the marina wall than constructed.
B. The Resolution contained condition# 14 "Fire and emergency site access
approvals must be obtained for the final site plan."
C. Meetings between the Fire Marshal and Archimedes Architect resulted in
the Fire Marshal requiring this additional 8' setback and a gravel base in
front of the East Tower for fire and safety reasons, i.e. to park a fire truck
on the Nonh side of this tower.
D. l'hc five sets of Plans submitted in May, 2000 incorporated this
requirement. Unfortunately, we are infonncd the plans were not shared
1vith Planning staff nor did Archimedes resubmit this amended site plan
back to Planning.
\Ve apologize for any misco1nn1unication at that time; ho,.vever. \\\:- acted
in go,,d-faith in that we were required to submit rlans which wnuld he
appro\'ed hv the hre Marshal.
'.: ' .i, '--l--1--1- • I 'L1 '\ lt' I ' ::; II ·, :,,.) : I I 't, • : I'
E. Resolution #2000-21(d) also contained condition #11, "The drive access
must be approved by and meet the standards of the City's Engineering
department". The plans submitted were reviewed and met design
standards.
F. The Landscape Area along Lakeshore Drive was reduced by this additional
setback from the waters edge.
G. The Landscape Area along Lakeshore Drive was reduced further due to the
terrace being less than depicted on the original preliminary site plan as a
result of the construction of a parking lane on the North side of Lakeshore
Drive.
H. Although, these reductions to the Landscape Area along Lakeshore Drive
resulted from these facts, the as-built setbacks and Greenbelt Buffer do
meet or exceed the City's Zoning Ordinance under which the PUD was
approved (Sections 2328-6: 2330-1 (a) and 4: and 2331.
I. The Landscape Area also exceeds the City's Current Zoning Ordinance
Section 2331-S(a) by over I 00%.
J. The change of the location of the footprint of the structures as a result of
the Fire Marshal's directive also complies with the current Ordinance:
Section 2330-16: "MINOR MODIFICATIONS TO A SITE PLAN
PREVIOUSLY APPROVED BY THE PLANNING COMMISSION
MAY BE APPROVED BY THE ZONING ADMINISTRATOR
INCLUDING, WITHOUT LIMITATION:
(g) - "Movement of buildings or other structures by no more than ten feet",
and
(k) - ·'Changes required or requested by the City or other regulatory agency
in order to conform to their laws or regulations".
* These two elements as well as 9 others are considered "Minor
Modi ti cations"
Improvements/Mitigating Measures Proposed:
We submit that although we acted in good-faith and believe the City has and is
acting in good-faith: and further. the facts arc what they are, we need to arrive at a
mutually acceptable solution to amend the PUD.
1. Archimedes representatives met with city planning staff and traffic
superintendent and will:
A. Submit a revised landscaping plan for the Lakeshore Drive Area
and further welcomes suggestions to the plan and has every
intention of working with the City to achieve mutual agreement for
any final decisions
B. Will "bump-out" the curb as suggested and approved by
engineering and planning to include part of the current non-used
parking lane for landscape area both East and West of the
Driveways from Balcom's to Lakeshore Drive.
II. East Property Line Screening Wall.
A. Resolution #2000-2ld(7) provides, "The existing chain-link fence with
barbed wire adaptions must be removed from site. Any future screening
provided on the east property line must be 'step-up' and 'step-down' with
lower heights near the water and roadside (4 feet) and higher levels
permitted in the middle (6 feet).
B. This condition permit's the East Screening Wall.
C. The Requested Amendment to 6' is consistent with both the previous
zoning ordinance - Section 2328-6 and Section 233 l.
D. The East Screening Wall also meets the City's current Zoning Ordinance
Section 2331-7 which requires "at least four (4) feet and up to six (6) feet
in height may be required along all adjoining boundaries with residentially
zoned or used property. A landscape buffer with bcm1ing. or landscaping
with a fence or a solid wall may be used to meet screening requirements."
E. The meeting with Planning Director and Leisure Services Director
explained to us that ifwe do not build the East Wall (or are required to
tear it down as recommended by the Planning Commission) that
Leisure Services will be required to place a fence on the boat
launch and maintain it. The Cit\'·s Zoning Ordinance requires
bu ffers/fenc ing/ screening.
Improvements/Mitigating Measures Proposed.
1. Archimedes after meeting with City Staff will:
A. Submit a revised Landscaping Plan for the East Property Line and
welcomes suggestions and has every intention to arrive
at a mutual agreement for any final decision.
B. Remove the top two rows of the decorative concrete block
screening wall from the North end to the South (56' -8") replace it
with a "wrought-iron" type offence on top of this section of wall
and extend a wrought-iron fence at this height along the East side
of the Docks (12 ').
III. West Property line landscape fence/planting area
A. The requested amendment is to replace the decorative concrete Screening
Wall with plantings of Scrubs and Trees to be shown on the revised
Landscape Plan.
SUMMARY
Although, Archimedes is of the opinion that the as built development complies with and
exceeds the City's Standards and requirements as contained in the Original PUD,
previous Zoning Ordinance and the current Zoning Ordinance (except for fence setbacks
from waterfront), we believe that the above mitigating/improvement measures will further
improve the final "as-built" development to provide a "win-win-win'' outcome for the
City-Residents-Developers.
Thank you for your concern and consideration.
CITY OF MUSKEGON
RESOLUTION #2002- 99 ( i l
RESOLUTION FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR
BALCOM'S COVE
WHEREAS, the Balcom's Cove project has proceeded under construction with several
variations from the previously approved site plan for the project; and
WHEREAS, a petition for a plauned unit development amendment was received from the
Archimedes Group, LLC; and
WHEREAS, proper notice was given by mail and publication and public hearings were held by
the City Plauning Commission and by the City Commission to consider said petition, during
which all interested persons were given an opportunity to be heard in accordance with provisions
of the Zoning Ordinance and State Law; and
WHEREAS, the Plauning Commission has recommended approval of a portion of the of the
Plauned Unit Development amendment with conditions as follows:
1. A revised site plan addressing all mitigating factors decided upon by the Plauning and
City Commissions will need to be submitted and approved.
2. A performance guarantee for all landscaping, screening and any other requirements will
need to be provided.
3. The wall along the eastern edge of the property must be completely talcen down to
comply with the originally approved site plan.
4. The carports are to be left as constructed. As much heavy landscaping (with ivy on any
existing portions of 'wall') as possible be put in place to block the visual effect of the
'walls'. Heavy landscaping needs to be provided in the additional space along the
eastern property line as well as in the (reduced) front setback area along Lakeshore Dr.
5. The developer may wish to offer additional offsite improvements to help mitigate the
fact that these 'changes' were made without City approval.
6. As much landscaping as can practically be supported and maintained in the reduced
setback area along Lakeshore Dr. must be provided. Taller canopy trees could be
provided which would not create hazards to clear vision at any driveways. Any
remaining walls must be landscaped with ivy as well.
7. Heavy landscaping must be provided along the eastern property line where there is more
space than along Lalceshore Dr.
8. As previously agreed, the developers must replace the trees, which were removed along
Lalceshore Dr., with a comparable amount of trees pursuant to the ordinance.
9. The 'unofficial' drive from the easterly row of carports into the launch ramp's drive
entrance onto Lakeshore Dr. must be closed and blocked with landscaping provided in
the remaining areas.
10. Screening along the western property line between the development and the existing
home was required at the time of the original PUD approval and was shown on the
approved site plan. 1bis screening still must be provided.
11. This resolution is subject to verification that the present location of the carport walls
constitutes no violation of the Michigan Department of Transportation standards for
clear vision safety. If it is determined that a violation exists, this issue will be brought
back before the Planning and City Commissions for further review.
NOW, THEREFORE; BE IT RESOLVED that the recommendation by the City Planning
Commission be accepted and the planned unit development amendment is hereby approved with
conditions.
Adopted this 27th day of August, 2002
Ayes: Spatar o , Wa rmington, Buie 1 Gawron, Lar son , Schweifler , Shephe rd
Nays: None
Absent: · None
CERTIFICATE (Balcom's Cove PUD Amendment)
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 a
resolution adopted by the City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 27th day of August, 2002, 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 furthe~ certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby. )
DATED: Aug ust 27 , 2002. &i ~ 1
Gail Kundinger, CMC/AAE
ff/,AJ
Clerk, City of Muskegon
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