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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.
J,
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>,<c aaer;iYate sh@lter
G,
City of Muskegon Planning Commission - 8/15/02 1
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2086
An ordinance to repeal and reserve Section 2318 (Keeping of Animals), of Article XXIII
(General Provisions) of the City's Zoning Ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2318 (Keeping of Animals), of Article XXIII (General Provisions) of the Zoning Ordinance
of the City of Muskegon is hereby repealed and reserved, as these requirements are now wholly
contained within the City's General Code of Ordinances, Chapter 6 (Animals).
Tbis ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, I.arson, Scbweifler
Nayes:--'-'-No""n"'e'-------------------------
Adoption Date:._ _1:1Auw,:;,a1u.,;s'--"t'-'-2.1. 7.,_,_,2'--'0"'0""2_ _ _ _ _ _ _ _ __
Effective Date: _ __,eS,aep!Lts.,ee.em""b"'e"-r_..c154 •.___s2"'0-"0ea.2_ _ _ _ _ _ _ __
First Reading: _ _---"'Au,.,g"-'u""s,..t'--'a2-'-7.,_,--"2""'0"'0""2_ _ _ _ _ _ _ _ __
Second Reading:._ __.,,.J....O.._ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Cle
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
th
27 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 farther certify that
the meeting was conducted and public notice was given pursuant to and in foll 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. y\ _ , / _ . . _ _ _
DATED: August 27 , 2002. f:,J..a."1.,
Gail Kundinger, CMC/AAE ~
~J..,.,,..Oh. '
I
Clerk, City of Muskegon ·
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 27, 2002, the City Conunission of the City of Muskegon adopted an
ordinance to repeal and reserve Section 2318 (K.eeping of Animals), of Article XXIII (General
Provisions) of the City's Zoning Ordinance, as these requirements are now wholly contained in the
City's General Code of Ordinances, Chapter 6 (Animals).
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Te1rnce Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published -~S,,,e4 pL;t~e=m""be,,,,r~5'----'' 2002 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
4
Commission Meeting Date: August 27, 2002
Date: August 16, 2002
To: Honorable Mayor and City Commissi/~~
From: Planning & Economic Development~
RE: Vacation of portions of Simpson Ave. and Nelson St.
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.
8/16/2002
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 15, 2002
Hearing; Case 2002-33: Request for vacation of portions of Nelson and Simpson Streets.
(where they intersect), by Janet Steiner.
BACKGROUND
The applicant lives at the 'corner' of Simpson Ave. and Nelson St., although the 'corner' does not
physically exist. Simpson Ave. is currently a dead-end street off of Beach St., and contains five
residences. Simpson Ave. is gravel, not a paved, improved street, and dead-ends at the applicant's
property (1505 Nelson St.). Nelson St. also is a dead-end street, off ofindiana Ave. and also
contains five residences. Nelson St. is paved and dead-ends at 1516 & 1523 Nelson St. The
'intersection' of these two streets therefore does not physically exist.
The applicant would like to vacate portions of both streets near where they 'intersect'. Nelson St.
would be vacated from the north ROW line of Simpson Ave. to the south property line of the
applicant's property. The pmtion of Simpson Ave. located east of the west ROW line of Nelson St.
would also be vacated (see attached map).
Although the applicant's property would no longer have legal access to Nelson St., it would retain
access to Simpson Ave., which is where the physical access is currently. The property to the north
of the affected portion of Simpson Ave. is patt of the Harbour Towne condominium development
and therefore takes its access from W. Harbour Towne Circle. All other existing properties on
Simpson Ave. would retain access to the existing pmtion of street.
The existing properties on Nelson St. would also retain access to the street. There is a small pmtion
of legal ROW that would be retained as public street just north of where the physical street dead-
ends. The property located at 1517 Nelson St. currently has 'legal' access to Nelson St., but no
physical access. This request would not change that situation and would leave the door open for
Nelson St. to be expanded to the north to provide access to that prope1ty in the future if so desired.
The Department of Public Works has stated that the City has no utilities in these portions of street
and therefore has no objections to vacating them. The Fire Marshal also has no objection to the
proposed vacations.
Staff has spoken to the owner of the property located at 1516 Nelson St. He had questions about the
widths of the street rights-of-way, what happens to the ROWs when vacated, and what Harbour
Towne's future plans for that area are. He is in favor of the current vacation request. Staff has also
spoken to Linda O'Connor who owns prope1ty on Nelson St. She had questions about the proposed
vacation and whether it would cost her any money. She did not state an opinion.
City of Muskegon Planning Commission - 8/15/02 1
PHOTOS
City of Muskegon Planning Commission - 8/15/02 2
CITY OF MUSKEGON
RESOLUTION #2002- 96 ( ct l
RESOLUTION TO VACATE PORTIONS OF PUBLIC STREETS
WHEREAS, a petition has been received to vacate Nelson St. (from Simpson Ave. to the south
property line of 1505 Nelson St.) and Simpson Ave. (east of Nelson St. only).; and
WHEREAS, the Planning Commission held a public hearing on August 15, 2002 to consider the
petition and subsequently recommended the vacations; and
WHEREAS, due notice had been given of said hearing as well as the August 27, 2002 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, TIIBREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue Nelson St. (from Simpson Ave. to the south property line of
1505 Nelson St.) and Simpson Ave. (east ofNelson St. only);
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said portions of
streets vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as:to conflict with any fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over and
upon said portion of street hereby vacated, and it is hereby expressly declared that any such rights
shall remain in full force and effect;
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall
not be responsible to replace special planting, landscaping, fences or any structure. No structure shall
be placed in the easement which, in the sole judgment of the City, will interfere with the repair or
maintenance of utilities in the easement, public or private.
Adopted this 27th day of August, 2002.
Ayes: Shephe r d , Spatar o , Wa rmington, Buie, Gawron, Larson, Schweif l e r
-Nays: None
Absent: None
Attest: ,
Gail A. Kundinger, Clerk
CERTIFICATE (Vacations ofportions ofNelson St. and Simpson Ave.)
2002-96( d )
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
on August 27, 2002.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
0
~ .--- ----
_c, _ _ .,...s---------
Date: August19,2002
To: Honorable Mayor and City Commissioners
From: RicScott ~ ·
RE: MDOT Contract for Laketon Phase II
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
COMMITTEE RECOMMENDATION:
Af0r111atlve Action
231/724-6703
FAX/722- 1214
Assessor
23 l /724-6708
FAX/726-5 18 1
Cemetery
231/724-6783
l•AX/726-5617
Clvll Service
231/724-6716
FAX/724-4405 West Michigan's Shoreline City
Clerk
231 /724-6705
FAX/724-4178
Date : August 19, 2002
Comm. & Neigh.
Services To: Honorable ~ ~ ~ity Commissioners
23 l /724-6717
FAX/726-250 1
From: Ric Scott ;p-~
Engineering
231/724-6707 Re: MOOT Contract for Laketon Phase I I
FAX/727-6904
Attached is the contract with MOOT for the construction
Finance
231/724-67 13
of phase I I of the Laketon Trail. The agreement gives
FAX/724-6768 the City $200,000 for the construction of the trail with
Fire Dept.
the city match being $81 , 690. Hackley Hospital has
231 /724-6792 contributed $25,000 for the design costs, which is not
FAX/724-6985
included in the match.
Income Tox
231/724-6770 I would ask that you authorize the Mayor and Clerk to
FAX/724-6768
sign the agreement . The project is ready to bid out.
Info. Systems Construction should start this fall and be completed by
23 l /724-6744
FAX/722-4301 the end of May next spring .
Leisure Service Thank you for your consideration .
231/724-6704
FAX/724-1196
Mannger's OfOce
23 I /724-6724
FAX/722-1214
Mayor 's Office
231 /724-670 I
FAX/722-1214
I nspectlon Services
231/724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
23 I /724-6750
FAX/722-5140
Public Works
231/724-4 100
FAX1722-4188
Treasurer
23 I /724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724-6768
Water Flltrntlon
231/724-4106
FAX1755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
STATE OF MICHIGAN
JOHN ENGLER DEPARTMENT OF TRANSPORTATION GREGORY J. ROSINE
GOVERNOR LANSING DIRECTOR
September 13, 2002
RECEIVED
Ms. Gail Kundinger, Clerk SEP 1 8 2002
933 Terrace Street
PO Box 536 City Clerks Office
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 02°543]
Control Section: STE 61407
Job Number: 54885
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
cf ~_t
Jackie Burch
J~ ir- r ·
Contract Processing Specialist
Design Division
Enclosure
cc: L. Strzalka, Design Division
A. Christensen, Financial Operations Division
Grand Engineer
MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-L.AN-0{11/01)
TRANSPORTATION ENHANCEMENT DAB
NON-TRUNKLINE Project SIP 0161 (224)
FEDERAL-AID Job Number 54885
CONSTRUCTION BY LOCAL Control Section STE 61407
AGENCY Fed Item# TT0096
Contract No. 02-5431
THIS CONTRACT is made and entered into this date of SEP 1 3 "2002 , by
and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafterrefe1Ted to as
the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and
obligations of the paiiies in agreeing to the following improvements, hereinafter referred to as the
"PROJECT":
Non-motorized path work along Laketon Avenue from Leahy Street to Seventh Street and
along abandoned railroad right-ot:way from Seventh Street to Southern Avenue; including
bituminous paving, grading, pavement markings, landscaping, fencing, signing, benches, and
trash receptacles work; and all together with necessary related work.
WITNESS ETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
transportation enhancement activities; and
WHEREAS, it has been determined that the PROJECT qualifies for such funding by vi1iue
of its direct relationship with the intennodal transpmiation system; and
WHEREAS, the PROJECT, at the request of the REQUESTING PARTY, is being
programmed with the United States Department of Transportation, Federal Highway Administration,
hereinafter referred to as the "FHWA", for implementation with the use of Federal Funds under the
following Federal program(s) or funding:
TRANSPORTATION ENHANCEMENT ACTIVITIES
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the parties hereto have reached an understanding with each other regarding the
performance of the PROJECT work and desire to set forth this understanding in the form of a written
agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed:
12/23/92 TE-LG.FOR 8/2/02
1. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
The costs incurred by the REQUESTING PARTY for preliminary engineering, right-of-way,
construction engineering and inspection, legal, financing, audit, contract advertising and construction
contract administration are excluded from the PROJECT COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform such
administration of the PROJECT as is necessary to assist the REQUESTING PARTY to qualify the
PROJECT for Federal Aid. Such administration shall include programming the available Federal
funds for the PROJECT with the FHWA and performing such review and oversight activities as are
necessaryto assist the REQUESTING PARTY in meeting applicable Federal and State requirements.
The DEPARTMENT shall authorize the REQUESTING PARTY to proceed with the
PROJECT work in the following phases:
PHASE I: ADVERTISING OF CONSTRUCTION CONTRACT
PHASE II: AWARD OF CONSTRUCTION CONTRACT
The REQUESTING PARTY shall neither advertise nor award the construction contract for
the PROJECT prior to receipt of written authorization from the DEPARTMENT to proceed.
TheDEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary
to meet Federal Aid requirements. No charges will be made by the DEPARTMENT to the
PROJECT for any inspection work or construction engineering.
4. The REQUESTING PARTY shall perform or cause to be performed all the
PROJECT work. It is understood that portions or all of the PROJECT work will be placed under
contract by the REQUESTING PARTY. The performance of the PROJECT work will be subject
to the "General Agreement Provisions for Federal Aid Projects", attached hereto as "EXHIBIT I'',
pages 1 through 5, and made a part hereof, and the following conditions:
A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
PROJECT, design, or cause to be designed, the PROJECT, and shall accept
full responsibility for that design. Any review undertaken by the
DEPARTMENT are for its own purposes and are not to nor do they relieve
the REQUESTING PARTY of liability for any claims, causes of action or
judgments arising out of the design of the PROJECT.
12/23/92 TE-LG.FOR 8/2/02 2
B. The REQUESTING PARTY, prior to receiving authorization from the
DEPARTMENT to advertise the construction contract, shall certify to the
DEPARTMENT that the plans, specifications, and estimates for the
PROJECT have been prepared in compliance with applicable State and
Federal standards and regulations.
C. The REQUESTING PARTY shall secure the DEPARTMENT'S approval of
the contracting procedures to be followed by the REQUESTING PARTY in
connection with the administration of the construction contract for the
PROJECT. It is understood that the construction contract(s) for the
PROJECT shall be publicly advertised and awarded on the basis of the lowest
responsive bid in accordance with current FHWA and DEPARTMENT
procedures.
D. The REQUESTING PARTY, prior to receipt of authorization from the
DEPARTMENT to award the construction contract, shall certify to the
DEPARTMENT that the selection of the contractor was made in accordance
with the terms of this contract and applicable Federal, State and local statutes,
regulations, and ordinances.
E. The REQUESTING PARTY will comply with all applicable State, Federal
and local statutes, ordinances and regulations, including, but not limited to
those specifically relating to construction contract administration, and obtain
all permits, approvals, and give appropriate notifications that are required for
the performance of the PROJECT work.
The REQUESTING PARTY agrees to comply with all applicable
requirements of Part 91, Soil Erosion and Sedimentation Control of the
Natural Resources and Enviromnental Protection Act, 1994 PA 451 as
amended by 1995 PA 60, MCL 324.9101 et. seq., for all PROJECT work
performed tmder this contract, and the REQUESTING PARTY shall require
its contractors and subcontractors to comply with the same.
F. All work in connection with the PROJECT shall be performed in
conformance with the Michigan Department of Transportation Standard
Specifications for Construction, special provisions and the supplemental
specifications and plans pertaining to the PROJECT and all materials
furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. The REQUESTING PARTY shall neither seek nor
receive reimbursement for any extra work.
-G. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall appoint a project engineer who shall be in responsible
12/23/92 TE-LG.FOR 8/2/02 3
charge of the PROJECT and ensure that the plans and specifications are
followed, and shall perform or cause to be performed the construction
engineering and inspection services necessary for the completion of the
PROJECT.
Should the REQUESTING PARTY elect to use consultants for construction
engineering and inspection, the REQUESTING PARTY shall provide afull-
time project manager employed by the REQUESTING PARTY who shall
ensure that the plans and specifications are followed.
H. The REQUESTING PARTY, at no cost to the PROJECT or the
DEPARTMENT, shall make such arrangements or secure any and all
necessary permits with railway companies, utilities, concerned state, federal,
and local agencies etc., as may be necessary for the performance of work.
required for the PROJECT, and will forward same to the DEPARTMENT for
such reviews and approvals as may be required.
I. The REQUESTING PARTY shall require the contractor who is awarded the
contract for the construction of the PROJECT to provide, as a minimum,
insurance in the amounts specified in and in accordance with the
DEPARTMENT'S current standard specifications for construction, and to:
(1) Maintain bodily injury and property damage insurance for the
duration of the PROJECT.
(2) Provide owner's protective liability insurance naming as insureds the
State of Michigan, the Michigan State Transportation Commission,
the DEPARTMENT and its officials, agents and employees, the
REQUESTING PARTY and anyotherpartywithjurisdiction for the
roadway being constructed as the PROJECT, and their employees, for
the duration of the PROJECT and to provide copies of certificates of
insurance to the insureds. It is understood that the DEPARTMENT
does not assume either ownership of any portion of the PROJECT or
jurisdiction of any REQUESTING PARTY highway as a result of
being named as an insured on the owner's protective liability
insurance policy.
(3) Comply with the requirements of notice ofcancellation and reduction
of insurance set forth in the current standard specifications for
construction and to provide copies of notices and reports prepared to
those insured.
12/23/92 TE-LG.FOR 8/2/02 4
J. (1) The REQUESTING PARTY shall, within 10 days of any ceremony
to be held in connection with the PROJECT, notify the
DEPARTMENT.
(2') The REQUESTING PARTY shall, when issuing any news release or
promotional material regarding the PROJECT, give the
DEPARTMENT and FHWA credit for participation in the
PROJECT.
(3) Upon completion ofallPROJECT work, the REQUESTING PARTY
shall, within 60 days of said completion, prepare and submit a project
report in accordance with current DEPARTMENT requirements.
Said report & notification shall be submitted to:
Jacqueline G. Shinn, Transportation Enhancement Administrator
Office of Economic Development
425 West Ottawa, P.O. Box 30050
Lansing, Michigan 48909
Phone (517) 335-1069
K. Upon completion of all PROJECT work, the REQUESTING PARTY shall
so notify the DEPARTMENT and shall request a final acceptance inspection
thereof. In the event that there is disagreement between the parties with
respect to final acceptance, the DEPARTMENT'S decision shall be final and
binding.
5. The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. Federal Funds shall be applied to the eligible items of PROJECT COST at a
participation ratio equal to 71 percent up to an amount not to exceed $200,000. The balance of the
PROJECT COST shall be paid by the REQUESTING PARTY. The PROJECT COST and the cost
participation are estimated to be as follows:
ESTIMATED COST FEDERAL FUNDS* REQUESTING PARTY FUNDS
$281,690 $200,000 $81,690
*The Federal Funds which shall be applied to the eligible items of PROJECT COST are
limited to the amount provided herein. Any items of PROJECT COST not reimbursed by Federal
Funds will be the sole responsibility of the REQUESTING PARTY.
6. The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of PROJECT work. Billings for costs incurred by the
REQUESTING PARTY under the terms of this contract shall be prepared and submitted to the
DEPARTMENT by the REQUESTING PARTY for reimbursement with Federal Funds in
accordance with the procedures of the DEPARTMENT. Progress billings may be submitted bi-
12/23/92 TE-LG.FOR 8/2/02 5
monthly during the time work is being performed provided, however, that no bill of a lesser amount
than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All billings shall
be labeled either "Progress Bill Number _ _ _ _ _" or Final Billing".
The REQUESTING PARTY shall not request reimbursement of more than 95 percent of its
eligible costs until final acceptance of the PROJECT. The REQUESTING PARTY shall request a
final acceptance inspection of the PROJECT in accordance with the provisions of Section 4 of this
contract. Final acceptance·shall be secured by the REQUESTING PARTY within six (6) months
of the completion date set in the REQUESTING PARTY'S construction contract or subsequent
extension approved by the DEPARTMENT. Should the REQUESTING PARTY fail to secure final
acceptance of the PROJECT by the deadline as specified herein, the REQUESTING PARTY shall
repay all Federal funds reimbursed for the PROJECT. Upon final acceptance of the PROJECT by
the DEPARTMENT in accordance with the provisions of Section 4 of this contract and
DEPARTMENT procedures, the REQUESTING PARTY may request final reimbursement.
7. The REQUESTING PARTY shall maintain accurate records and accounts relative
to the cost of the PROJECT. Said accounts shall be retained for a period of three (3) years after final
payment by the DEPARTMENT and shall be available for audit by the DEPARTMENT and the
FHWA.
The REQUESTING PARTY, upon completion of the PROJECT and payment of all items
of PROJECT COST related thereto, shall make a final accounting to the DEPARTMENT.
Reimbursement of any cost pursuant to this contract shall not constitute a final determination
by the DEPARTMENT of the allowability of such cost and shall not constitute a waiver by
DEPARTMENT of any violation of the terms of this contract committed by the REQUESTING
PARTY. Final settlement of costs shall be made upon completion of all PROJECT work and the
DEPARTMENT'S acceptance of an audit performed by a certified public accountant in accordance
with 49 CFR Part I 8.26, and 0MB Circular A-133, and/or final audit by the DEPARTMENT. The
REQUESTING PARTY promises to promptly repay the DEPARTMENT for any disallowed items
ofcostpreviouslydisbursed bytheDEPARTMENT. The REQUESTING PARTY pledges its future
receipts from the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of demand by the
DEPARTMENT, the DEPARTMENT is hereby authorized to withhold an equal amount from the
. REQUESTING PARTY'S share of any future distribution of Michigan Transportation Fund in
settlement of said claim.
8. It is understood that the REQUESTING PARTY is the owner of the facilities
constructed as the PROJECT, and that said facilities may require special or unusual operation and/or
maintenance. The REQUESTING PARTY certifies, by execution of this contract, that upon
completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will properly
maintain or provide for the maintenance and operation of the PROJECT, making ample provisions
each year for the performance of such maintenance work as may be required.
12/23/92 TE-LG.FOR 8/2/02 6
On projects for the construction of bikeways, the REQUESTING PARTY will enact no
ordinances or regulations prohibiting the use ofbicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow use of this
facility by bicycles. No motorized vehicles shall be permitted on such bikeways or walkways
constructed as the PROJECT except those for maintenance purposes.
On projects involving the restoration ofhistoric facilities, the REQUESTING PARTY agrees
that the project will not be advertised for bids until the owner of such facilities has granted an
historic preservation easement to the State of Michigan in accordance with 1995 PA 60, for the
purpose of insuring that the historic property will be preserved. The REQUESTING PARTY also
agrees that such facilities shall be maintained and repaired by the REQUESTING PARTY or owner,
as applicable, at no cost to the DEPARTMENT or the PROJECT, in such a manner as to preserve
the historical integrity of features, materials, appearance, workmanship, and environment.
On projects which include landscaping, the REQUESTING PARTY agrees to perform, or
cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary to
properly establish the plantings for a period of two growing seasons, in general conformance with
Section 6.50.13 of the DEPARTMENT'S Standard Specifications for Construction. The
REQUESTING PARTY shall maintain all plantings following completion of said period of
establishment.
Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may
disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation
Enhancement projects or in other projects on roads or streets for which it has maintenance
responsibility. Federal Aid may be withheld until such time as deficiencies in regulations have been
corrected, and the improvements constructed as the PROJECT are brought to a satisfactory condition
of maintenance.
9. In addition to any protection afforded by a policy of insurance, the REQUESTING
PARTY agrees to indemnify and save harmless the State of Michigan, the Michigan State
Transportation Commission, the DEPARTMENT and all officers, agents, and employees thereof:
A. From any and all claims by persons, firms, or corporations for labor,
materials, supplies or services provided to the REQUESTING PARTY in
connection with the contract which the REQUESTING PARTY shall perform
under the terms of this contract; and
B. From any and all claims for injuries to, or death of, any and all persons, for
loss of or damage to property, environmental damage, degradation, response
and cleanup costs, and attorney fees or other related costs, arising out of,
under, or by reason of this Agreement, including the design of the PROJECT,
except claims resulting from the sole negligence or wilful acts or omissions
of said indemnitee, its agents or employees.
12/23/92 TE-LG.FOR 8/2/02 7
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontractors or any other person not a party to this contract
without its specific consent and notwithstanding its concurrence in or approval of the award of any
contract or subcontract or the solicitation thereof.
It is expressly understood and agreed that the REQUESTING PARTY shall take no action
or conduct which arises either directly or indirectly out of its obligations, responsibilities, and duties
under this contract, which• results in claims being asserted against or judgments being imposed
against the State of Michigan, the DEPARTMENT-, and/or the Michigan State Transportation
Commission.
In the event that the same occurs, for the purpose of this contract it will be considered as a
breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
Michigan State Transportation Commission a right to seek and obtain any necessary relief orremedy,
including but not by way of limitation, a judgment for money damages.
10. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT pursuantto the terms of this contract are done to assist the REQUESTING PARTY
in meeting program guidelines in order to qualify for available funds. Such approvals, reviews,
inspections and recommendations by the DEPARTMENT shall not relieve the REQUESTING
PARTY of its ultimate control and shall not be construed as a warranty of their propriety or that the
DEPARTMENT is assuming any liability, control or jurisdiction.
The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility under
MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews, inspections and recommendations under this contract,
the DEPARTMENT is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.
11. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume either: (1) jurisdiction of any REQUESTING PARTY
highway for purposes of MCL 691.1402; MSA 3. 996(102), or (2) ownership and control of any
public building for purposes of MCL 691.1406; MSA 3. 996(106). Exclusive jurisdiction of such
highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the REQUESTING
PARTY.
12/23/92 TE-LG.FOR 8/2/02 8
12. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with this
contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made
itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
of costs incurred under the terms of this contract.
13. In connection with the performance of PROJECT work under this contract the parties
hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth in
Appendix A, attached hereto and made a part hereof. The parties further covenant that they will
comply with the Civil Rights Acts ofl 964, being P.L. 88-352, 78 Stat. 241, as amended, being Title
42 U.S.C. Sections 1971, l 975a-l 975d, and2000a-2000h-6 and the Regulations of the United States
Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix
"B", attached hereto and made a part hereof, and wi.11 require similar covenants on the part of any
contractor or subcontractor employed in the performance of this contract.
14. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not limited
to, those requirements set forth in Appendix C.
12/23/92 TE-LG.FOR 8/2/02 9
15. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolution approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF TRA1'jSPORTATION
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By
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TIt e. Gail Kundinger, Cit;✓ Clerk
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12/23/92 TE-LG.FOR 8/2/02 10
RESOLUTION_ _ __
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BElWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF PHASE II OF THE LAKETON TRAIL TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by: Commissioher Schweifler and supported by
Commissioner_ _B_u_i_e_ _ _ _ _ _ _th.at the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 02-5431 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exij ramp at US-31 and Sherman Blvd. ~hin the City is in the best interests of the Cfy of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 02-5431 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 27th dayof August
ATTEST ~ OL~µ)
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on Aug 27th , 2002. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
CITY OF MUSKEGO
EXHIBIT I
GENERAL AGREEMENT PROVISIONS FOR FEDERAL AID PROJECTS
1. General Provisions:
A. The REQUESTING PARTY will comply with all FHWA requirements concerning
special requirements of law, program requirements and other administrative
requirements.
B. To qualify for eligible cost, all work shall be documented in accordance with the
requirements and procedures of the DEPARTMENT.
C. Those projects funded with Federal monies will be subject to inspection at all times
by the DEPARTMENT and theFHWA.
2. Federal Clean Air Act of 1970: The political subdivisions which are a party to this contract,
on those Federally funded projects which exceed a total cost of $100,000.00 stipulate the
following with respect to their specific jurisdictions:
A. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act, as amended.
B. That they each agree to comply with all of the requirements of Section 114 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations and guidelines issued thereunder.
C. That as a condition of Federal aid pursuant to this contract they shall notify the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
3. Other Regulatory Requirements:
A. The REQUESTING PARTY hereby assures and certifies that it will comply with the
regulations, policies, guidelines and requirements of 49 CFR Part I 8 (U.S. DOT
Implementation of the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments or "Common Rule") as
they relate to the application, acceptance and use of Federal Funds for this federally-
assisted project.
TE.EXH 07/14/0 1
B. The REQUESTING PARTY shall be responsible for the accurate and detailed
accounting of the costs and expenses incurred in the performance of any part of the
PROJECT work it agrees to undertake as provided within this contract. Said
accounts shall be maintained in accordance with generally accepted government
accounting principles and 49 CFR Part 18. Said accounts shall be made available for
review and audit by the DEPARTMENT and, as required, by the FH\VA and
appropriate U.S. governmental agencies and shall be retained on file for a period of
not less than three years from the date of the final payment for work conducted under
this contract.
C. The REQUESTING PARTY shall comply with the Single Audit Act of 198-l. P.L.
98-502, and 0MB Circular A-133. All such audits are subject to the review and
approval of the DEPARTMENT, the FHWA, and the Office of the Inspector General.
(1) Agencies expending a total of $300,000 or more in federal funds. from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (0MB) Circular A-133, as revised or
amended.
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The 0MB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
(2) Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount offedera!funds spent, the name(s) of
the Department federal programs, and the CFDA grant numbers( s). This information
must also be submitted to the address below.
(3) Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
(4) Agencies must also comply with applicable State laws and regulations relative
to audit requirements.
TE.EXH 07/14/0 2
(5) Agencies shall not charge audit costs to Department's federal programs which
are not in accordance with the 0MB Circular A-133 reqirements.
(6) All agencies are subject to the federally required monitoring activities, which
may include limited scope reviews and other on-site monitoring.
4. Retention and Custodial Requirements for Records:
A. Financial records, supporting documents, statistical records and all other records
pertinent to this instrument shall be retained for a period of 3 years, with the
following exception:
(1) If any litigation, claim or audit is started before the expiration of the 3-year
period, the records shall be .retained until all litigation claims, or audit
findings involving the records have been resolved.
(2) Records for nonexpendable property, if any, required with Federal Funds
shall be retained for 3 years after its final disposition.
(3) When records are transferred to or maintained by FHW A, the 3-year retention
requirement is not applicable to the recipient.
B. The retention period starts from the date of the submission of the final expenditure
report.
C. The Secretary 9fTransportation and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access to any pertinent
books, documents, papers and records of the recipient, and its contractors and
subcontractors, to make audits, examinations, excerpts and transcripts.
5. Equal Employment Opportunity:
A. The REQUESTING PARTY agrees to incorporate in all contracts having.a value of
over $10,000, the provisions requiring compliance with Executive Order 11246, as
amended, and implementing regulations of the United States Department of Labor
at 41 CFR 60, the provisions of which, other than the standard EEO clause and
applicable goals for employment of minorities and women, may be incorporated by
reference.
B. The REQUESTING PARTY agrees to ensure that its contractors and subcontractors,
regardless of tier, awarding contractors and/or issuing purchase orders for material,
supplies, or equipment over $10,000 in value will incorporate the required EEO
provisions in such contracts and purchase orders.
TE.EXH 07/14/0 3
C. The REQUESTING PARTY further agrees that its own employment policies and
practices will be without discrimination based on race, color, religion, sex, national
origin, handicap, or age; and that it has an affirmative action plan consistent with the
Uniform Guidelines on Employee Selection Procedures, 29 CFR 1607, and the
Affirmative Action Guidelines, 29 CFR 1608.
6. Copeland Act: All contracts in excess of $2,000 for construction or repair awarded by the
REQUESTING PARTY and its contractors or subcontractors shall include a provision for
compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor
or subcontractor shall be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, or give up any part of the
compensation to which he is otherwise entitled. The REQUESTING PARTY shall report
all suspected or reported violations to the DEPARTMENT.
7. Davis-Bacon Act: When required by the Federal program legislation, all construction
contracts awarded by the REQUESTING PARTY and its contractors or subcontractors of
more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40
U.S.C. 276a to a-7) and as supplemented by Department ofLaborregulations (29 CFR, Part
5). Under this Act, contractors shall be required to pay wages to laborers and mechanics at
a rate not less than the minimum wages specified in a wage determination made by the
Secretary ofLabor. In addition, contractors shall be required to pay wages not less than once
a week. The REQUESTING PARTY shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and the award of a
contract shall be conditioned upon the acceptance of the wage determination. The
REQUESTING PARTY shall report all suspected or reported violations to the
DEPARTMENT.
8. Contract Work Hours and Safety Standards Act: Where applicable, all contracts awarded
by the REQUESTING PARTY in excess of $2,500 that involve the employment of
mechanics or laborers, shall include a provision for compliance with sections 103 and 107
of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented
by Department of Labor regulations (29 CFR, Part 5). Under section 103 oftl\e:'Act, each
contractor shall be required to compute the wages of every mechanic and laborer on the
basis of a standard workday of 8 hours and a standard workweek of 40 hours. Work in
excess of the standard workday or workweek is permissible provided that the worker is
compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in
excess of 8 hours in any calendar day or 40 hours in the workweek. Section 107 of the Act,
if applicable to construction work, provides that no laborer or mechanic shall be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or
dangerous to his health and safety as determined under construction safety and health
standards promulgated by the Secretary of Labor. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or.
TE.EXH 07/14/0 4
contracts for transportation or transmission of intelligence.
9. Access to Records: All negotiated contracts (except those of$25,000 or less) awarded by
the REQUESTING PARTY shall include a provision to the effect that the recipient, FHWA,
the Comptroller General of the United States, or any of their duly authorized representatives,
shall have access to any books, documents, papers, and records of the contractor which are
directly pertinent to a specific program for the purpose of making audits, examinations,
excerpts and transcriptions.
10. Civil Rights Act: The REQUESTING PARTY shall complywith Title VI of the Civil Rights
Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person in the
United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination under
any program or activity for which the recipient received Federal financial assistance and shall
immediately take any measures necessary to effectuate this Agreement. It shall comply with
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment
discrimination where:
A. The primary purpose of and instrument is to provide employment, or
B. Discriminatory employment practices will result in unequal treatment ofpersons who
are or should be benefiting from the grant-aided activity.
11. Nondiscrimination: The REQUESTING PARTY hereby agrees that, as a condition to
receiving any Federal financial assistance from the Department of Transportation, it will
comply with Title VI of the Civil Rights Act of1964 (78 Stat. 252, 42 U.S.C. 2000d), related
nondiscrimination statutes, and applicable regulatory requirements to the end that no person
· in the United States shall, on the ground of race, color, national origin, sex, handicap, or age,
be excluded from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity for which the REQUESTING PARTY receives
Federal financial assistance. The specific requirements of the United States Department of
Transportation standard Civil Rights assurances with regard to the States' highway safety
programs (required by49 CFR 21.7 and on file with the U.S. DOT)are incorporated in this
grant agreement.
12. Rehabilitation Act: The REQUESTING PARTY shall comply with Section 504 of the
Rehabilitation Act of 1973, as amended, (29 U.S.C. 794, P.L. 93-112), and all requirements
imposed by or pursuant to the regulations of the Department of Health, Education and
Welfare (45 CFR, Parts 80, 81 and 84), promulgated under the foregoing statute. It agrees
that, in accordance with the foregoing requirements, no otherwise qualified handicapped
person, byreasi:m of handicap, shall be excluded from participation in, be denied the benefit
of, or be subject to discrimination under any program or activity receiving Federal financial
assistance, and that it shall take any measures necessary to effectuate this Agreement.
TE.EXH 07/14/0 5
APPENDIX A
·PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or
as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height,
weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478,
Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment
with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to
employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job
or position. A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinaboveset forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
duties of a particular job or position.
5. The contractor or bis collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may b~ in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the
Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and
employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to
his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes ofinvestigation
to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights
Commission.
,, '.·.
8. 'ii
In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, th~! contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
.based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers,
and including the governing boards of institutions of higher education, until the contractor complies with said order of
the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons
with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before
the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall
be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such
proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragrnphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
snbcontractor or seller. March. 1998
(Rev. 03/92)
APPENDIXB
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the· Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under
a subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Michigan
Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Regulations or directives. Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
so certify to the Michigan Department of Transportation, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the 1"lichigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contraJt~r complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the 1"lichigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for
non-compliance; provided,however, that in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request
the 1"lichigan Department of Transportation to enter into such litigation to protect the interests of the
State, and, in addition, the contractor may request the United States to enter into such litigation to
protect the interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT-assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps und.er 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient ofits failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not ,.
f : ...
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
Date: August 20, 2002
To: Honorable Mayor and City Commissioners
From: Affirmative Action Dept.
Re: Flying of Mexican Flag @ 5 l,l,J..L
Summary o(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
th
Saturday, September 141\ through Tuesday, September 17 .
Financial Impact:
NONE
Budget Action Required:
NONE
Staff Recommendation:
Staff recommends approval
Committee Recommendation:
NA
La Villita Arts & Culture Center
Latinos Working For the Future
1218 Ransom Street
Muskegon,MI 49441
August 7, 2002
Latinos Working for the Future
1218 Ransom Street
Muskegon, Ml 49441
Muskegon City Hall
933 Terrace Street
Muskegon, Ml 49442
Mayor Steve Warmington and Muskegon City Commisioners,
Latinos Working for the Future is again requesting permission from the City of
Muskegon to raise the Mexican Flag on Saturday the fourteenth day of September since
the sixteenth falls on a Monday. As in past years we do this in honor of Mexican
Independence Day.
We thank you ahead of time and invite you and the City Commissioners to join with
us on this day. We hope to hear from you in the forthcoming days so we can plan
accordingly.
Respectfully,
~A)~
Connie Navarro
FLAG FLYING AT CITY HALL POLICY
A. Purpose
To provide a procedure to review and make a
determination on requests to fly flags at City Hall.
B. Review Process
1. Request
A request to fly at City Hall must be submitted
to the City Manager for review and a
determination. Group requesting must submit
the request at least two weeks prior to when
the flag would be raised. The following
considerations are to be given when reviewing a
request:
a) Appropriateness of the requesting
organization and flag.
b) When more than one request is received for
the same dates, the firs,t request received
will be given priority provided it meets
other criteria of the policy.
2. City Commission
Once a determination is made on a request, the
Manager will forward the same to the City
Commission at least one day prior to
notification to the requesting. organization.
The requirement will be waived if the
requesting organization does not follow the
filing timeline and thereby rendering it
impossible to meet the deadline.
2. Appeals
Any organization may appeal the decision of the
City Manager to the City Commission. These
appeals will be heard at a regular Commission
Meeting and is subject to the timing of the
Commission Meetings.
Date: August 27, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Seaway Industrial Park
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.
COMMITTEE RECOMMENDATION:
0
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BID TABULATION
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CITY OF MUSKEGON, SEAWAY INDUSTRIAL PARK "'
"'
UTILITY AND ROADWAY IMPROVEMENTS
U.S. Department of Commerce; Economic Development Administration Project No. 0601-04404 .
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August 20,2002; 2p.m.
Jackson-Merkel/ F elco Contraclors Geocon Inc.
~ ~ Amount Unit Unit Price Total Unit Price Total Unit Price Total
1. 6" Valve& Box 5 ea. $550,00 2.,750.00 $595.00 $2,975.00 $500.00 S2,SOO.OO
2. fire Hydrant Assembly 7 ea. $1,235.00 8,645.00 $1,750.00 $12,2.50.00 $1,400.00 $9,800.00
J. L11 Water Service 70 l.f. $8.50 595.00 $22.00 $1,540.00 $9.00 $630.00
4. 6" DI Walennain 135 l.f. $23.50 3,172.50 $21.00 $2,835.00 $27.00 SJ,645.00
5. 6" DI Long Sleeve 3 ... $325.00 975.00 $180.00 $540.00 $200.00 $600.00
6. 6" DI Plug 8 ea. $75.00 600.00 S95.00 $760.00 $!50.00 $1,200.00
7. 8, 11 x 8" x6 11 D1 Tee I ea. $2.10.00 210.00 $190.00 Si90.00 $300.00 $300.00
8. 8'1 DI Waterm.ain 415 l.f. $25.JO 10.499.50 $24.00 $9,960.00 $30,00 $12,450.00
9. 8" DI Plug s ea. $80.00 640.00 $105.00 $840.00 $250.00 $2,000.00
10. 8" DI Long Sleeve l ea. S380.oo 380.00 $180.00 $1&0.00 $500.00 $500.00
11. S"x 8" x 811 DlTee I ea. $260.00 260.00 Sl90.00 $190.00 $350.00 $350.00
12. 8" Valve & BoK 4 ea. $700.00 2,800.00 $700.00 $2,800.00 S700.00 $2,800.00
13. 12" x 12" x 12" DI Tee I ea. $460.00 460.00 $600.00 $600.00 $600.00 $600.00
14. 12" x 8 11 DJ Reducer I ea. $160.00 160.00 $150.00 $150.00 $500.00 $500.00
15. 1211 Valve&. Box 2 ea. $1,025.00 2,050.001 $l,I00.00 $2,200.00 $1,250.00 $2,500.00
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16. 1211 x 6'1 Dl Reducer I ea. $150.00 1so.001 $150.00 $tso.001 $350.00 $350.00 0
17. 12" x 12" x6"DlTee I ea. S335.00 335.00( $330.00 $380.00\ $550.00 $550.00
0
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Jacksen-Merkey Felco Contractors Geoconlnc. ..,
0
No !W!! Amonnt Unit Unit Price Total Unit Price Total Unit Price Total ....
18. 12" DI Watermain
"'..
1086 tf. $29.80 32,362.801 $38.00 $41,268.00 $34.00
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$36,924.00 <O
19. 24"xl 2" Tapping sleeve and valve I ea. $2,370.00 2,370.00 $2,900.00 $2,900.00 $2,900.00 $2,900.00 1:.
20. 24 x 6 Tapping sleeve and valve
11 11
3 ea. $1,550.00 4,650.00 $1,900.00 $5,700.00 $1,900.00 $5,700.00
2l. 24 1tx 8 11 Tapping sleeve and valve J ea. $1,780.00 5,340.00 S2,200.00 $6,600.00 $2,200.00 $6,600.00
22. 30"x8 11 Tapping sleeve and valve I ea. $1,950.00 1,950.00 $2,800.00 $2,800.00 $3,500.00 $3,500.00
23. 6"x61' Tapping sleeve and valve 2
••• $1,350.00 2,700.00 $1,050.00 $2,!00.00 Sl.450.00 $2,900.00
24. 12"xl2"'x8-1' DI Tee 4 ea. $360.00 1,440.00 $350.00 $1,400.00 S550.00 $2,200.00
25. 12" 45' DI Bend 2 ea. $395.00 790.00 $340.00 $680.00 $450.00 $900.00
26. 4' dia. Catch basin 12 ea. $1,545.00 18,S40.00 $1,400.00 $16,800.00 $1,400.00 Si6,soo.oo
27. 18" Storm ~ewer 40 Lf. $31.00 1,240.00 $32.00 $1,280.00 $32.00 $1,280.00
28. 24 11 Storm sewer 728 l.f. $36.25 Ui,390.00 $41.00 $29,848.00 $37.00 $26,936.00
29. 3011 Stonn sewer 79 1.f. $49.50 3,910.50 Sso.oo $3,950.00 $50.00 $3,950.00
30. 12" Storm sewer 418 l.f. S24.00 I0,032.00 $21.00 $8,778.00 $27,00 Sll,286.00
31. 4' dia. Storm Manhole 3 ea. $1,550.00 4,650.00 $1,300.00 $3,900.00 $1,500.00 $4,500.00
32. 5' dia. Storm Manhole l ea. $2,090.00 2,090.0D $2,100.00 $2,100.00 $1,900.00 $1,900.00
33. 6' dia. S!orm Manhole l ea. $'.l,000.00 3,000.00 S3,I00.00 $3,100.00 $2,400.00 $2,400.00
34. Collllecl to existing stonn mMhote 3 ea. $580.00 1,740.00 $700.00 $2,100.00 $350.00 $1,050.00
35, 4' dia. Sanilaly manhole 6 ea. $1,735.00 10,410.00 $1,480.00 $8,880.00 $1,600.00 $9,600.00
36. 4' dia. Sanitaiy manhole> 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
1
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 ..
0
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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
0
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Jackson-Merke:y
Unit Price Total
Felco Contractors
Unit Price Total
Geoconinc.
Unit Price Total
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0
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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No Item
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.\
'tt,1j'
£..c .,~J/. ; : .i, ._ .. It,"
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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""li¢e te 1\,acl<ibeite
'•
.. ~ l :·•r·
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07/15/02 MON 15:28 FAX 616 956 8057 BUITEN STEENSMA 141002
CERTIFICATE OF LIABILITY INSURANCl;vp8f!~ ~
DAT.E (MM/DD/VY)
ACORD. 07/15/02
PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUITEN-STEENSMA & ASSOC, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5738 FOREMOST DRIVE, SE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
GRl\ND RAPIDS MI 49546
Phone:616-956-0040 Fax:616-956-8057 INSURERS AFFORDING COVERAGE
INSURED !NSURERA:. TRAVELERS INSURANCE CO
INSURER B:
RVP FIBRE COMPANY DBA INSURER C:
~S SIGNAL COMPANY LLC
0 MONROE NW STE 450 INSURER D:
GRAND RAPIDS MI 49503
I INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE; BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'CfFl TYPE OF INSURANCE POLICY NUMBER DATift'MM/b~rHi- DATE ·1MM/DD/YYI LIMITS
GENERAL LIABILITY
-X EACH OCCURRENCE s 1000000
A COMMERCIAL GENERAL LIABILITY 6307l0X4842 12/31/01 12/31/02 FIRE DAMAGE (Any ona tlra) s 100000
l CLAIMS MACE ~ OCCUR ME:D EXP (Any one paroon) s 5000
- X CONTRACTUAL LIAB PERSONAL & ADV INJURY , 1000000
..!_ PRODUCTS, xcu GENERAL AGGREGATE 12000000
GEN'LAGGREGATE LIMIT-APPLIES PER: PRODUCTS. COMP/OP AGG s 2000000
17 POLICY n r:tr n LDC .
AUTOMOBILE LIABILITY
-X
--
COMBINED SINGLE LIMIT
(Ea accldenl) s 1000000
A ANY AUTO 810-478K0805 12/31/01 12/31/02
ALL OWNED AUTOS
•
--
BODILY INJURY
SCHEDULED AUTOS (Per person)
X HJREDAUTOS
--
BODILY INJURY
X NON-OWNED AUTOS
X AUTOMOBILE $250 OED COMP
(Per accident)
'
PROPCRlY DAMAGE
PHYSICAL DAMAGE $500 DED BR COLL (Per accident)
'
rl
GARAGE LIABILITY
ANY AUTO
.
AUTO ONLY· EA ACCIDENT
OTHER THAN
AUTO ONLY:
EAACC
AGG
•
•'
A ~
EXCESS LIABILITY
OCCUR • ·CLAIMS MADE CUP47BK0817 12/31/01 12/31/02
EACH OCCURRENCE
AGGREGATE
s 10000000
• 10000000
~ DEDUCTIBLE '
RETENTION • 10000 '
$
WORKERS COMPENSATION AND XI fb"'RY'LIMITsl Ive/{
EMPLOYERS' LIAS!LliY
A PKUB919W3569 12/31/01 12/31/02 E.l, EACH ACCIDENT s 500000
E,L, DISEASE • EA EMPLOYEE $ 500000
E.L DISEASE - POLICY LIMIT s 500000
OTHER
A FIBER OPTIC LINES 630710X4842 12/31/01 12/31/02 LIMIT 39,000,000
DED 25,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS
CERTIFICATE HOLDER / N / ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
MUSKEGO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3.Q_ DAYS WRITTEN
CITY OF MUSKEGON NOTICE TO THE CERTIFICATE Ii OLDER NAMED TO. THE LEFT, BUT FAILURE TO 00 SO SHALL
933 TERRACE STREET
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE lt-lSURER, ITS AGCNTS OR
PO BOX 536
- MUSKEGON MI 49443 REPRESENTATlVES.- . . .
AUTHORIZED REPRESENTATIVE
I PAULS BUITEN
ACORD 25-S (7/97) ©ACORD CORPORATION 1988
50413
TURN KEY NETWORK SOLUTIONS MERCANTILE BANK OF WEST MICHIGAN
637 • 76TH STREET SW GRAND RAPIDS, Ml 49503
GRAND RAPIDS, Ml 49509 75·1382-724
PH. 616-455-9840 7/19/2002
PAY TO THE
ORDER OF City of Muskegon $ **125.00
One Hundred Twenty-Five and 00/ 100* **** **** **** *** ** ** *** *** ***** **** *** *** *** ****** *** ** *** *** **** ** **** *** **** **** ** DOLLARS I
s
City of Muskegon ~
l
MEMO
Encroachment Agreement.
11•0 so I, I, :111• ,: • 7 21, I, :18 2 'l•:
_a~6,~I
1,000 28 1,1, 1.11•
Affirmative Action
(231)724-6703
FAX: (231)722-J214
A!lises11or/Equallzation
(231)724-6701J
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
West l\11ichigan's Shoreline City
FAX: (231)722-1214
CMIService
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 September 6, 2002
Computer Info.
Systems
(231)724-6744
FAX: (231)722-4301
Engineering Dept,
Mr. Joe Andreen
(231)724-6707 U.S. Signal Corporation
FAX: (231)727-6904
20 N. Monroe Ave. NW
Finance Dept. Suite 450
(231)724-6713
FAX: (231)724-6768 Grand Rapids, MI 49503
Fire Department
(231)724-6792 Dear Mr. Andreen:
FAX: (231)724-6985
Income Tax Enclosed is a copy of your encroachment agreement which was approved at the
(231)724-6770
FAX: (231)724-6768
August 27, 2002, City Commission Meeting. Before you start, please contact the
Engineering Department at (231) 724-6707 to see if you need any additional
Inspection Services
(231)724-6715 permits.
FAX: (231)728-4371
Leisure Services Thank you,
(231)724-6704
FAX: (231)724-1196
/] .
--I 11 - ·t,l.,t;J.
Mayor's Office
u{A/Y\,<'.X,0/ /,1,[Cv•c
(231)724-6701
FAX: (231)722-1214 Linda Potter
Planning/Zoning Deputy City Clerk
(231)724-6702
FAX: (231)724-6790
Enc.
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4Ul8
Treasurer's Office
(231)724-6720
FAX: {231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 'Jferrace Street, P.O. illox 536, Muskegon, M[ 49443-0536
www.shorelinecity.com
Commission Meeting Date: August 27, 2002
Date: August 20, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Sale of Property the South 20 feet of
Lot 18 Block 3 Terrace Street Addition
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, Ml 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
COMMITTEE RECOMMENDATION: None
ii ~~~'S~l1?.~~
FOR: Cl7Y OF MUSKEGON
FURNISHED DESCRIPTION:
CERTIFICATE OF SURVEY
LOTS 18-20, BLOCK 3 TERRACE STREET ADDITION
0
R=125.00' M=125.11'
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ENCROACHMENT
2.00' WEST
0.2' NORTH
R=125.00' M=125.16' 0
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ii ~~~~~ll?.!.~
CERTIFICATE OF SURVEY
FOR: CITY OF MUSKEGON
NEW PARCEL
THE SOUTH 20.00 FEET OF LOT 18, BLOCK 3, TERRACE STREET ADDITION, AS RECORDED IN LIBER 3
OF PLATS, PAGE 32, MUSKEGON COUNTY RECORDS, CITY OF MUSKEGON, COUNTY OF MUSKEGON,
STATE OF MICHIGAN.
REMAINDER PARCEL
LOTS 19, 20, AND LOT 18, EXCEPT THE SOUTH 20.00 FEET OF SAID LOT 18, BLOCK 3, TERRACE STREET
ADDITION, AS RECORDED IN LIBER 3 OF PLATS, PAGE 32, MUSKEGON COUNTY RECORDS, CITY OF
MUSKEGON, COUNTY OF MUSKEGON, STATE OF MICHIGAN.
"ld30 :3~N\fN/.:f
2002 ri r 9riv
NOD3>lSnt,\l .:JO All:)
CL:il\13b3tl
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
,-,llfdo_lt<f .t!. "J::~
e~ °' P/JUce
980 Jefferson Street P.O. Box 536 Muskegon Michigan 49443-0536
(23 1) 724-6750 (23 1) 722-5140 i<u
www.muskegonpolice.com
March 18, 2002
To: The City Commission through the City Manager
From: ~ - L . / ~ . '4.:.
ntony L. Kleibecker, Chief of Police
Re: Transfer of stockholder at 1157 Third St., Muskegon, MI.
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Downtown Muskegon, Inc. The
investigation is in regards to a transfer of all stock interest in 2001 SOD/SOM licensed
Corporation wherein sole stockholder, Farouk Y. Sitto, transfers 1,000 shares to new
stockholder, Christian A. Kado.
The listed location is that of Family Foods located at 1157 Third Street. Mr. Christian
Kado has been with the business since it was opened and is requesting this transfer due to
Farouk Sitto now having responsibilities in Detroit. Mr. Christian K.ado has been
involved in the liquor retail business since at least February of 2000 when both he and a
brother requested a transfer of license at 631 Southern Ave. At that time Mr. K.ado went
by the name of Saad Abdul K.ado. Now he is using the name of Christian Abe Kado.
The only concerns are two incidents during which time alcohol was sold to minors.
These incidents are dated 6/29/1998 and 5/9/0 I. The 2001 incident resulted in a local
citation being issued for the sale to a minor.
A search of MPD records and a Michigan Criminal History Check was completed with
no convictions.
TK/cmw
MEMO
To: Chief Tony Kleibecker
From: Det. Kurt Dykman
Date: 3-11-02
Re: Transfer of stockholder at 1157 Third St., Muskegon, Ml.
Chief Kleibecker,
The Muskegon Police Department has received a request from the Michigan Liquor
Control Commission for an investigation from applicant Downtown Muskegon, Inc. for
transfer of all stock interest in 2001 SDD/SDM licensed Corporation wherein sole
stockholder, Farouk Y. Sitto, transfers 1,000 shares to new stockholder, Christian A
Kado.
The listed location is that of Family Foods located at 1157 Third Street. Mr. Christian
Kado has been with the business wince it was opened and is requesting this transfer due
to Farouk Sitto now having responsibilities in Detroit. Mr. Christian Kado has been
involved in the liquor retail business since at least 2/00 when both he and a brother
requested a transfer of license at 631 Southern Ave. At that time Mr. Kado went by the
name of Saad Abdul Kado; now the name of Christian Abe Kado is being used. The only
concerns are two incidents during which time alcohol was sold to minors. These
incidents are dated 6/29/1998 and 5/9/01. The 2001 incident resulted in a local citation
being issued for the sale to a minor.
A search ofMPD records and a Michigan Criminal History Check was completed with
no convictions.
Respectfully submitted,
Det. Kurt Dylanan
data/common/ckado
\~.J 'Lr Lo- ·c:, L
State of Michigan Liquor Control Commission\~
John Engler, Governor 7150 Harris Drive
P. 0. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909-7505
Kathleen M. Wilbur, Director (517) 322-1345
Fax: (517) 322-6137
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
February 12, 2002
Chief of Police
Muskegon Police Department
980 Jefferson Street
PO Box 536
Muskegon, Ml 49443-0536
Request ID #142222
Chief Law Enforcement Officer
Applicant: DOWNTOWN MUSKEGON, INC. REQUEST TRANSFER ALL STOCK INTEREST IN
2001 SOD AND SOM LICENSED CORPORATION LOCATED AT 1157 THIRD, MUSKEGON, Ml 49441,
MUSKEGON COUNTY WHEREIN SOLE STOCKHOLDER, FAR OUK Y. SITTO, TRANSFERS 1,000
SHARES OF STOCK TO NEW STOCKHOLDER, CHRISTIAN A. KADO.
Please make an investigation of this application. If you do not believe that the applicants are qualified for
licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request,
LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not
enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
(N/A) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contactthe Licensing Division at (517) 322-1400.
vlr
LC-1972 Rev 01102
4880-165B
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t,,,k•~1qan Department of Consumer & Industry Services
LIQUOR CONTROL COMMISSION
POLICE INSPECTION RE {O'R
. 1
N LIQUd~ LICENSE REQUEST, . 7150 Harris Drive ""
P.O. Box 30005 ,•~U.~
a ~
(Autho .tz~d by MCL 436.7a) 1 Lansing Michigan 48909-7505 7... " . O.L
',.o,
1. '
' '
~~ '
Important: Please conduct your investigation as soon as possible and complete all four sections of this report.
Return the completed report and fingerprint cards to the Commission. (vlr) RID #142222
BUSINESS NAME AND ADDRESS: (include zip code)
OOWNTOWN MCJSKBG(XII, INC., 1159 THIRD, MUSKEGON, MI 49441 MUSKEGCT-J COUNTY {231) 755-4892
REQUEST FOR: 'fRF' ALL STOCK INTEREST IN '01 SDD/Sll-1 LIC'·D CORP WHEREIN SOLE S'IOCKHOLDER, FAROUK Y,
SITTO, TRFS 1,000 SHARES 'ID NEW S'IOCKHOLDER, CHRISTIAN A. KAOO.
APPLICANT #1: APPLICANT #2:
CHRISTIAN A. KAOO
HOME ADDRESS AND AREA CODE/PHONE NUMBER: HOME ADDRESS AND AREA CODE/PHONE NUMBER:
2263 LAENEL, MUSI<EX:;CN MI 49441
{231) 755-0011- H, ( 231) 728:..5'259+W ·-; ..... .' -~ I ,., ' ' I
DATE OF BIRTH: e-/>- 7$ DATE OF BIRTH:
If the applicant is not a U.S. Citizen: If the applicant is not a U.S. Citizen: ..
o Does the applicant have permanent Resident Alien status? o Does the applicant have permanent Resident Alien status?
OYes ONo D
Yes No D
o Does the applicant have a Visa? Enter status: o Does the applicant have a Visa? Enter status:
Date fingerprinted: NOT NECESSARY Date fingerprinted:
ARREST RECORD: 0
Felony O Misdemeanor ARREST RECORD: Felony 0 Misdemeanor O
Enter record of all arrests & convictions (attach a signed and Enter record of all arrests & convictions (attach a signed and
dateq report if more space is needed) dated repo rt if more space is needed)
~
:l
,,
Can living quarters be reached from the inside of the establishment without going outside? D Yes ,.@J io
Does applicant intend to have dancing or entertainment?
~ No DYes, complete LC-693N, Police Investigation Report: Dance/Entertainment Permit
Are gas pumps on the premises or directly adjacent? ~ o D Yes, explain relat ionship:
/'
.··Local
.
aridStaJe Code$ arid.Ordinances; and.General Recommendations·
. . .... . . .. ....... . .... . . -·
·• ·• . . . .
Will the applicant's proposed location meet all appropriate state and local b uilding, plumbing, zoning, fire, sanitation and health laws and
ordi1ances, if this .license is granted? @. Yes No D
If you are recomm~ nding approval subject to certain conditio ns, list the conditions: (Attach a signed and daled report ii more space is needed)
SectionA. . Jle~9n')mendation
From your investigation:
1. Is this applicant qualified to conduct this business if licensed? ~Yes
No •
2. Is the. proposed location satisfactory for this business? [Sd~Yes No •
3. Should this request be granted by the Commission? ®Yes No •
4. If any of the above 3 questions were answered no, state your reasons: (Atlach a signed and daled report if more space is needed)
Signature (Sheriff or Chief of Police) Date
LC-1800 Rev. 06/97 (Mail white copy to the Commission, Keep yellow copy for your file)
'"\.J,._S.-1,., ·2, 1- 0- ~ L
State of Michigan ~"
Liquor Control Commission
John Engler, Governor 7150 Harris Drive
P.O. Box 30005
Department of Consumer & Industry Services Lansing, Michigan 48909-7505
Kathleen M. Wilbur, Director (517) 322-1345
Fax: (517) 322-6137
POLICE INVESTIGATION REQUEST
(Authorized by MCL 436.1(4))
February 12, 2002
Chief of Police
Muskegon Police Department
980 Jefferson Street
PO Box 536
Muskegon, Ml 49443-0536
Request ID #142222
Chief Law Enforcement Officer
Applicant: DOWNTOWN MUSKEGON, INC. REQUEST TRANSFER ALL STOCK INTEREST IN
2001 SOD AND SOM LICENSED CORPORATION LOCATED AT 1157THIRD, MUSKEGON, Ml 49441,
MUSKEGON COUNTY WHEREIN SOLE STOCKHOLDER, FAROUK Y. SITTO, TRANSFERS 1,000
SHARES OF STOCK TO NEW STOCKHOLDER, CHRISTIAN A. KADO.
Please make an investigation of this application. If you do not believe that the applicants are qualified for
licensing, give your reasons in detail. Complete the Police Inspection Report on Liquor License Request
LC-1800, or for Detroit police, the Detroit Police Investigation of License Request, LC-1802. If there is not
enough room on the front of the form, you may use the back.
Forward your report and recommendations of the applicant to the Licensing Division.
(N/A) Please include fingerprint card(s) and $30.00 for each card, and mail to the Michigan Liquor
Control Commission.
If you have any questions, contact the Licensing Division at(517) 322-1400.
vlr
LG-1972 Rev 01/02
4680-1658
LIQU(O R LICENSE REVIEW FORJ.'1
Business Name: /JZus
~ , /(;,¥kia fo/Yl,'V,& .££
~
AKA Business Name (u applicabfo): IJ/l,-vo f-ou1 n /llu.s/~J'_l;;c. ,
Operator/Manager's Name:
Business Address: ! ls z TA/:rcl SI-.
Reason foir Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License · •· Transfer Location D
Drop/Add Stockholder Name ~ New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __
Deadline for receipt of all information: L/- / -0;2_
Police Department Approved D Denied D No Action Needed D
Income Tax Approved ~ Owing_O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending.ZBA •
Clerk's Approved
• Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature.__~_-;__..;..
9 .s.....;._V__ -_ _ _ __ _ _ _ _ __
Gail A. Kundinger, City Clerk
_Liquor License Coordinator
L!QUiO R LICENSE REVIEW FORJ.'1
Business Name:
I
/JJus /(;,~)a {q/Yl,:C7& ./iocf
~ ~
AKABusin.ess Name (if appiicalble): /J(Jwo f-ou; a &ts~.a he::.. 7
OpeH"ator/Manage:r' s Name:
Business Address: !ls z Tirrd Si
Reason foir Review:
New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License · D· D
Transfer Location
Drop/Add Stockholde.r Name ~ New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline f o:r receipt of all information: _--...!.Lj_-_,!./_---=0=----.::.;;2__--==----
Police Department Approved • D
Denied No Action Needed D
Income Tax Approved D Owing _D Amount:
Treasurer Approved ~Owing D Amount: _ _ __
Zoning Approved • Denied • Pending -ZBA •
Clerk's Approved D Owing D Amount: _ _ __
Fire/I~spection Compliance D Remaining Defects _ _ _ __
Services
Department Signatu.re+~:.,.-__;::::.....==----=·_ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
_Liquor License Coordinator
RFr.F\VED -
o I LIQu·o R LICENSE REVIEW FOR1'1
Operator/Man.ager' s Name:
Business AddJr~ss: /IS Z TJr/'cl St.
Reason for Review:
New License 0 Transfer of Ownership D Dance Permit D
Drop/Add Name on License D· D
Transfer Location
Drop/Add Stockholder Name ~ New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline fo:r receipt of all information: _ __,_'!_-. . l. _
- . . . ;0;.. . . . ;;.:2.._;::.__ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved D Owing .D Amount: - - - -
Treasurer Approved D Owing D Amount:
lfh 0 6 1P---+y ,~._
\ Zoning i Approved ~ Denied O Pending ZBA • t'V4h -f o ~
~ Ju.,.,_ C/'-'j-.
Clerk's Approved D Owing D Amount: _ _ _ _ 0 6.
Fire/Inspection Compliance O Remaining Defects
- - - --
Services
Department Signature ~ - 9 . '-f1 ~
Gan A. Kundinger, City Clerk
Uquor License Coordinator
LIQUiO R LICENSE REVIEW FORl\1
Business Name: i,,.,JJus /ufH!a
, ~ z;,, {q/J?,.'V~ .££
AKA Business Name (]f appikaible): IJr1,va f-o u1 a &ts/~/ ht::..
{)per-ator/IVIanager' s Name:
Business AddTess: / /S 7 Tdt /'d Sf.
Reason for Review:
New License D Transfer of Ownership O D
Dance Permit
Drop/Add Name on License · •· Transfer Location O
Drop/Add Stockholder Name ~ New E.ntert~in.ment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline f o.r receipt of all information: _ ___._Lf_---'-/_-_O__c..:2.._;c__ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing_O Amount:
Treasurer Approved
• Owing D Amount:
Zoning Approved • Denied D Pending -ZBA •
Clerk's Approved~ Owing • Amount:
Fire/Inspection Compliance D Remaining Defects
Services
Department Signature_Al-'-l.flw"'-=-
- -~----,<.)_
J.._//_
~ ..;;;._-~.;;./1._;1__.,_
. ;:; _ _ _ _ _ __
Gan A. Kundinger, City Clerk
Uquor License Coordinator
LIQUOR LICENSE REVIEW FORJ."1
BusinessName: /-r-ZJus /(~a fo/YJ,.j¥ ./iocf
AKA Business Name (ff applicable): IJl'iwo f-o o h¼ts4bwa/hc.
u1
Operator/Manager's Name:
Business Address: I 1s Z Tdt/'cl St.
Reason fo:r Review:
New License D Transfer of Ownership D D
Dance Permit
Drop/Add Name on License D· Transfer Location D
Drop/Add Stockholder Name ~ New Entert~i.nment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline f o:r receipt of all information: _ __,LL/_--_.!,./_-____;;0;___::._:2_-=----
PoHce Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D Pending .ZBA •
Clerk's Approved D Owing D Amount: _ _ __
Fire/Inspection Compliance [J ~maining Defe~ ,,(r..y- tfi">c
Services
Department Signatnre '711' r M~
Gail A. Kundinger, City Clerk
_Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ."1
Business Name: 11.Zu s hz;-
~
~1e2 fo/71,,'v~ ./iocf
AKA Business Name (jf appiicable): 1)/JWO roU/ 0 ~-,.S'~.a/L<:::.
Operator/Manager's Name:
- - - - - - - - - - - -- ---
Business Address: /ls 7 Th /'d s -1-.
Reaso:n fo:r Review:
-New License D Transfer of Ownership D Dance Permit D
Drop/Add Name on License · D· Transfer Location D
Drop/Add Stockh.olde.r Name ~ New Entert~inment Permit D
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: _ _J..Lj_--f../_
- ......;0;,, ,._. =;2.._
. _::;___ __
Police Department Approved D Denied D No Action Needed D
Income Tax Approved • Owing _O Amount:
Treasurer Approved
• Owing 0 Amount:
Zoning Approved • Denied D Pending -ZBA 0
Clerk's Approved
• Owing • Amount:
Fire/I~spection Compliance )61 Remaining Defects
Services
Gail A. Kundinger, City Clerk
Uquor License Coordinator
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Assessor/Equollzotion
(231)724-6708
FAX, (231)726-5181
Cemetery Department
(231)724-6733
FAX: (231)726-5617
City Manager
(231)724-6724 West l\ilchig"'t's Shoreline City
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705 August 21, 2002
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-2501 Mr. Christian A. Kado
Computer Info,
2263 Laenel
Systems Muskegon,MI 49441
(231)724-6744
FAX: (231)722-4301
Engineering Dept.
Dear Mr. Kado:
(231)724-6707
FAX: (231)727-6904 This letter is to inform you that your request to transfer all stock interest in the
FimmceDept. 2001 SDD/SDM licensed business from Farouk Y. Sitto, will be presented to the
(231)724-6713
FAX: (231)724-6768
City Commission on August 27, 2002. This meeting begins at 5:30 p.m. and is
located in the Commission Chambers, 933 Terrace, Muskegon, MI.
Fire Department
(231)724-6792
FAX: (231)724-6985 This request has also been sent to the Nelson Neighborhood Association for their
Income Tax comments. It is Commission practice to let the Neighborhood Association know
(231)724-6770
FAX: (231)724-6768
of any liquor license requests that are located within their boundaries. This allows
for comments from the people who live there and not just from the owners of the
Inspection Services
(231)724-6715
business' who are located there.
FAX: (231)728-4371
Leisure Services If you have any questions, please feel free to contact me at 724-6705.
(231)724-6704
FAX: (231)724-1196
Sincerely,
Mayor's Office
(231)724-6701
FAX: (231)722-1214
Planning/Zoning
(231)724-6702 Linda Potter
FAX: (231)724-6790
Deputy Clerk
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(23))724-4100
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FA."{: (231)755-5290
City of Muskegon, 933 Terrace Street, II' .r(). Rox 536, Muskegon, MI 49443-0536
www.shorelinecitv.com
Affirmative Action
(231)724-6703
FAX: (231)722-1214
Asseu:or/Equallzatlon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-,.5617
City Manager
(231)724-6724 West Michigan's Shoreline City
FAX: (231)722-1214
CivU Service
(231)724-6716
FAX: (231)724-4405
Clerk
(231)724-6705 August 21, 2002
FAX: (231)724-4178
Community and
Neigh. Services
(231)724-6717
FAX: (231)726-,.2501 Ms. Mary Jo McCann, President
Computer Info.
Nelson Neighborhood Association
System9 461 W. Webster
(231)724-6744
FAX: (231)722-4301 Muskegon,Ml 49440
Engineering Dept.
(231)724-6707 Dear Ms. McCann:
FAX: (231)727-6904
Finance Dept, We have received a request from the Liquor Control Commission reference
(231)724-6713
FAX: (231)724-6768
Downtown Muskegon, Inc., 1157 Third Street, desire to transfer all stock interest
in the 2001 SDD/SDM license from sole stockholder Farouk Y. Sitto to new
Fire Department
(231)724-6792 stockholder Christian A. Kado. On Tuesday, August 27, 2002, the City
FAX: (231)724-6985 Commission will review this request and determine whether or not it should be
Income Tax recommended for approval.
(231)724-6770
FAX: (231)724-6768
You are being sent this notice because the City Commission would like to know
Inspection Services
(231)724-6715
how the Neighborhood Association feels and would appreciate any comments that
FAX: (231)728-4371 they may have. You may send these comments to 933 Terrace, Muskegon, MI
Leisure Services 49440 or attend the City Commission Meeting on August 27, 2002, at 5:30 p.m.
(231)724-6704 in the Commission Chambers.
FAX: (231)724-1196
Mayor's Office
(231)724-6701
If you have any questions, please feel free to contact me at 724-6705.
FAX: (231)722-1214
Planning/Zoning Sincerely,
(231)724-6702
FAX: (231)724-6790
Police Deptartmcnt
(231)724-6750
FAX: (231)722-5140 Linda Potter
Public Works Dept. Deputy Clerk
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water BIiiing Dept.
(231)724-6713
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
City of Muskegon, 933 'ferrace Street, P .0. l8ox 536, Muskegon, MI 49443-0536
W'INW <8hnl1'PlinPl'iTI, rirun
Affirmative Actlon
(231)724-6703
FAX: (231)722-1214 -;
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0
Assessor/Equalization 0 •
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(/)
(231)724-6708
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FAX, (231)726-5161 :::,
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Cemetery Department ;-, -u
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(231)724-6783 -u (/)
FAX: (231)726-5617
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City Manager
West l\1lic!Jlgan's §ho, (/') I..O Q (D (/)
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(231)724-6724
FAX: (231)722-1214 ,,,
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(231)724-6716
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(231)724-6705
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FAX: (231)724-4173
August 28, 2002 -l"> rn 0C
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Community and
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(231)724-6717 ::0
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FAX: (231)726-2501
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Computer Info, jl 7 N
Liquor Control Commission J,) i:i
Systems
(231)724-6744 7150 Harris C l"\ ·"
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FAX: (231)722-4301
PO Box 30005 5·
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Engineering Dept. Lansing, MI 48909-7505 u;·
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(231)72-t-6707 ;:.;:(/)~ 0
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FAX: (231)727-6904 0 z ro ru
REF: RlD #142222 X 9 R'lg;
Finance Dept. • -n,::
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(231)724-6713 1157 Third
FAX: (231)724-6768 Muskegon,MI 49441 "O
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0:
Fire Department
(231)724-6792
FAX: (231)724-6985
To Whom It May Concern:
Income Tax
(231)72-t-6770
Enclosed is the police inspection report (LC-1800) for the liquor license change
FAX: (231)724-6768 request mentioned above.
Inspection Services
(231)724-6715 Please do not hesitate to call me at (231) 724-6705 if you have any questions.
FAX: (231)728-4371.
Leisure Services
(231)724-6704 Sincerely,
FAX: (231)724-1196
Mayor's Office
(231)724-6701
FAX: (231)722-121,t
Linda Potter
Planning/Zoning
(231)724-6702
Deputy Clerk
FAX: (231)724-6790
Police Deptartment Enc.
(231)724-6750
FAX: (231)722-5140
Public Works Dept,
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724-6768
Water Billing Dept.
(231)724-6718
FAX: (231)724-6768
Water Filtration
(231)724-4106
FAX: (231)755-5290
<City of Muskegon, 933 Terrace Street, P.O. l!ox 531/i, Muskegon, MI 49443-0536
www.shorelinecfity.com
"'
,,"e SUP~ Ordering Instructions
1. This form must accompany order and have the appropriate authorized
Fire Department signature from the fire department.
2. All KeyBoxes are shipped without keys. Contact the fire department
Rapid Entry Systems for information concerning keys and lockup. Mounting insutructions
Phone: 800-545-7402 for KeyBoxes included with order.
or 3. Please contact your fire department for specific mounting placement
on your building.
Fax: 503-375-9852 4. Delivery: Approximately (2-3) weeks.
Mail To: 5. Payment: • VISA or •
MasterCard (provide number below)
Supra Products • C.O.D. (Additional C.O.D. charge added)
D Purchase Order# (if required) _ _ _ _ _ _ __
4001 Fairview Industrial Dr. SE
6. Or make check payable to: Supra Products
Salem OR 97302
•
Ship-To Location Ordered By
~ ~
Company: ___________________ Company: ___________________
Physical Street Address: _ _ _ _ _ _ _ _ _ _ __ Street Address: ________________
City/State/Zip: _ _ _ _ _ _ _ _ _ _ _ _ _ __ City/State/Zip: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Attention: ___________________ Name: ____________________
Phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Phone: ____________________
VISA/MC# Exp Signature
Rapid Entry KeyBoxes
SupraSafe 2HS Qty. Price Total
Heavy Duty - 1/4" steel wall construction, 1/2" solid supraSafe 2Hs
steel lid, with vault reinforcement. Black polyester i'W"ith"o,,,,t,,t,':"m'i,p;;,°'-,;',o-w~itc~h-------lr------;~1~4~5~.0~0"--1-----1
textured powder paint. supraSafe 2HS-TS
4"W X S"H X 3 1/4" D. With tamper switch $160.00
{ties into current building alarm)
Heavy Duty - 1/4" steel wall construction, 1/2" solid suprasafe 2HSR
steel lid, with vault reinforcement. Black polyester Without tam er switch 180.00
textured powder paint, i'su",=rn"'s,"te='2afH"'se"'-T"'se=---------1r---------1~=="--t-----1
4"W X S"H X 3 1/4" D with 7 X 7 flange. With tamper switch $195.00
(ties into current building alarm)
Recessed Mounting Kit Simplifies mounting in $60.00
To be used with SupraSafe 2HSR only. new concrete or masonry
1/8" steel wall construction No tamper switch $115.00
4"W X 3" H X 2" D available on this model
Additional fire alert decals (one provided with every KeyBox)
Shipping & Handling
Dept. Name: l'..(JK',1....,_J ,6'r<- per KeyBox: $9.00
(Required)
Applicable Sales Tax
City/State/Zip:;J/0/(<v".,,v /11,"c.. ?c:'.)" .J Grand Total
~p; ~¼&~ Code ~;_t~~-~g~~~~r===
Commission Meeting Date: August 27, 2002
Date: August 20, 2002
To: Honorable Mayor & City Commission ~
From: Planning & Economic Development Departmen'tt-d j
RE: Sale of Buildable Vacant Lot on Ducey Avenue
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
PLAT 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. and is being offered to Mr. Schaab for $9,000.
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 the 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 attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
8/20/02
Resolution No. 2002-97 (g)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON DUCEY AVENUE IN
MARQUETTE NEIGHBORHOOD FOR $9,005.
WHEREAS, Randall Schaab has placed a $400 deposit for the parcel designated as parcel
numbers 24-611-000-0430-00, located on Ducey Avenue;
WHEREAS, Randall Schaab has submitted the only bid of $9,005 for the parcel designated as
parcel numbers 24-611-000-0430-00, located on \Vesley Avenue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0430-00, located at
1276 Ducey Avenue be sold to the above-mentioned buyer.
CITY OF MUSKEGON REVISED PLAT OF 1903 URBAN RENEWAL PLAT NO. 2
LOT 430 & 429 EX W 38.84 FT;
Adopted this _n__ day of August, 2002
Ayes: Warmington, Buie, Gawr on, Larson , Schweifler, Shepherd, Spataro
Nays: None
Absent None
CERTIFICATION
I hearby certify that the foregoing constitutes a tlue and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular
meeting held on August 27, 2002.
I Vacant Buildable City-Owned Lot to be Sold
11276 Ducey Avenue W~EI s
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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<l;tt------
Notary Public, Muskegon County, Ml
FILE# 421518
DATE: September 6th 2002
PROPERTY ADDRESS: 1276 Ducey
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
1 se check one of the following:
7'
VThe undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER(S):
City of Muskegon,
TRANSNATION TITLE INSURANCE COMPANY
570 Seminole Road
Muskegon MI 49444
Date: September 6, 2002
EscroW Number: 421518
Property Address: 1276 Ducey
Muskegon, Michigan 49442
S E L L E R , S STATEMENT
DEBIT CREDIT
Purchase Price J$ J$ 9,005.00
I I
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EXISTING LOAN I I
Deposit of earnest money I I
CLOSING FEES I 250.00 I
OWNERS PREMIUM I 190.00 I
Real Estate Corrmission I I
Sub Total J$ 440.00 J$ 9,005.00
Amount due Seller J$ 6,565.00 I
TOTALS J$ 9,005.00 J$ 9,005.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, and ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature(s):
City o.f Mus e9on,
"<:;-. /~\
BY~...L-----fi=~~·~71.,,"-.-'--·e,..__,_/._c(_,cv~'"""'~--'/G""'-~-
Lonna A~guilm, Assistanr]lanner
Commission Meeting Date: August 27, 2002
Date: August19,2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Signing of 2002-2003 Subrecipient and
Community Housing Development Organization
Agreements
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
on 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 $30,000
FINANCIAL IMPACT: Funding will be allocated from the 2002-2003
CDBG/HOME funds as directed by the City Commission.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To direct staff to have the documents
signed by the Mayor and the Clerk.
COMMITTEE RECOMMENDATION: All of the allocations were
previously approved by the Commission.
SUBRECIPIENT AGREEMENT/ CHDO AGREEMENT
This SUBRECIPIENT/CHDO AGREEMENT, made this 1st day of June, 2002, by and between
the City of Muskegon, Michigan, A Municipal Corporation, (hereinafter "Recipient") and <CO.
NAME> whose offices are located at <CO. ADDRESS>, (hereinafter "Subrecipient/CHDO"),
WITNESSETH:
WHEREAS, Subrecipient/CHDO will receive Community Development Block Grant
(CDBG/HOME) funds from the Recipient, in the amount of$ , 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<il7
:1tyM • naeer
?31)724--6724
AX: (131)712-1214
West MlclJlgan's Shorellne City
'MJService
231)724--6716 August 15, 2002
AX: (231)724-4405
'lerk ABONMARCHE DEVELOPMENT
?31)724--6705
AX: (231)724-4178 2108 SHAWNEE RD
BARODAMI 49101
·ommunlty and
Neigh. Services
231)724-6717 SRSD Permit 2002-09
AX: (231)726--1501
Permit Application
·omputer Info.
System,
Fisher Steel
231)724-6744
AX: (231)722--4301
:ngtneerlng Dept.
231)724--6707 Dear Property Owner;
'AX: (231)727-6904
lnanceDept The City of Muskegon Engineering Department (Dept.) has received a City of Muskegon
231)724--6713
'AX: (231)724-6768 Ordinance, Chapter 17: Soil Removal, Stripping, and Dumping (SRSD) Permit
1re Department
Application for the above referenced Site.
231)724--6792
"AX: (231)724-6985
The City of Muskegon is required by City Ordinance Chapter 17 to notify owners of
ncomeTar property within 300 feet of the SRSD project. Based on the City of Muskegon tax
231)724--6770
'AX: (231)724'768 records your property is identified within 300 feet to the project site Property
#24-205-549-0002-00.
nspectlon Services
231)724--6715
~AX: (231)728-4371
A public hearing for the SRSD Permit Application is scheduled at the City Commission
.elsure Services meeting for Tuesday, August 27, 2002 at 5:30 P .M.
231)724--6704
·'AX: (231)724-1196
If you should have any questions please do not hesitate to call (231) 724-6707.
,layor's Office
231 )724--6701
'AX: (231)722-1214 Sincerely,
'lannlng/Z(lnlng
231)724--6702
'AX: (231)724-<i790
•,u,.o,p..rtm,nt Mohammed S. Al-Shatel P.E.
231)724--(;750
'AX: (231J122-s140 City Engineer
'ubUc Works Dept.
231)124.. 100 MSA:jp
'AX: (231)722.. 188
rreuurer'1 Office
231)724-6720
'AX: (231)724'768
Nater BUUng Dept.
231)724-6718
'AX: (231)724'768
:Vater Filtration
231)724-4106
'AX: (231)755-5290
City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
··---, CITY OF MUSKEGON, MICHJGAN
Permit SESCISRSD No. 2o oz _/o
7ITY ENGINEER and/or DIRECTOR OF INSPECTIONS Date Issued
--------
Expiration Date
Application and Permit
---------
SOIL EROSION AND SEDJMENTA TJON CONTROL
and/or
SOIL REMOVAL, STRIPPING AND DUMPING ORDINANCE
Please Type or Print in Ink
Fisher Investment Company
1. Name of Applicant
2. Mailing Address of Applicant ~/o of Parmenter 0'Toole, Apple Ave, Muskegon, MI
3. Telephone Number (231) 722-5427
In accordance with Ordinance No. 772 and Part 91 of Michigan Act 451, Public Acts of 1994 and the Rules
promulga1ed Ihereunder, the above named herewith makes application for a Soil Erosion Control and/or a
Soil Removal, Stripping and Dumping Permit for the proposed earth change described below.
4. Type and size ofp_roposed earth change: The work will consist of placing a nominal combined
depth of seven inches of fill and topsoil over the unvegetated portion of the property
(1.5 acre><) 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 M<T"- '"C.
I°"""'"'"""'")
"'1e BUILDING
TI-JERE ARE NO STRUCTURES
PROPOSW FOR THIS SITE.
,,,,
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OVERALi. DRAINAGE DIRECTION
~~;
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UNDEVELOPED
PROPERTY
,.,,,..,-,c.,,=,"""l""""'l i
i ,.g---BOUNDARY OF WORK AREA
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!F-24~
/ O 591.$5
/ ''°
/ ,_., ~;ON0$1"0M"'0METl<.,kc_(O•NCR)
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589.79 0
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F-45
NPICAL CROSS-SECTION
(NO SCALE) i 590.39 589.78
s,,
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SCALE IN FEET
'""I
APPROXII.IATE
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--r- 8R0n502
LOCATION TOP FlG2.0WG-1 00
OF BANK
/ FIGURE 2
L------------------ SITE. PLAN
"'""
!. BASE FLOOD ELEVATION: S84
REFER, TABLE 1, FLOOD INSURANCE STUDY, HUD.
2. MUSKEGON 8ENCHMARK BM 46.;ioo (USED FOR VERTICAL C0NlR0L)
-:--- """"'" T1<a<:O<S
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----- FISHER INVESTMENT COMPANY
PARCEL: 61-24-205-549-0002-00
JULY '02 020792
ATTACHMENT E
Legal Description
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PART OF BLOCK 549, VACATED BANK STREET OF THE REVISED PLAT (OF 1903) OF THE
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CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, AS RECORDED IN UBER 3 OF PLATS, o:!
ON PAGE 71 , MUSKEGON COUNTY RECORDS, DESCRIBED AS FOLLOWS:
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COMMENCING AT 1HE NORTH'M:STERLY CORNER OF LOT 1, BLOCK 123 OF SAID PLAT;
THENCE NORTH 67°47'00" WEST 12.26 FEET ALONG THE 'M:STERLY EXTENSION OF THE 0 ·-"' ~
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NORTHERLY LINE OF SAID BLOCK 123 TO THE POINT OF BEGINNING OF THE PARCEL OF "'i:i. i::
LAND HEREIN DESCRIBED; THENCE SOUTH 22"19'14" WEST 378.36 FEET; THENCE NORTH C.
67°40'46" WEST 169.44 FEET; THENCE NORTH 20"15'00" WEST 262.35 FEET; THENCE 8 u
V,
NORTH 03°10'00" \'EST 204.25 FEET; THENCE SOUTH 67°47'00" EAST 434.81 FEET 0
ALONG THE 'M:STERLY EXTENSION OF THE NORTHERLY LINE ·or SAID BLOCK 123 TO THE .c:
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POINT OF BEGINNING.
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PROJF.CTNO.
98403
F.:'i(IUIIIT
LEGAL DESCRIPTION
CONFlOENTlAL / ATTORNEY-CLIENT PRl\1LEGtO
A
Commission Meeting Date: August 27, 2002
Date: August 19, 2002
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Public Hearing to Review 2001-2002 Consolidated
Annual Petformance Evaluation Report (CAPER}
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.
COMMITTEE RECOMMENDATION: None
~ \>o--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<f NO • NIA •
2. Describe the type of entertainment applicant/licensee will provide: NIA •
3. Will this entertainment include topless activity? YES • NO X NIA •
DANCE PERMIT YES ~ NO • NIA •
ENTERTAINMENT PERMIT YES %-'. NO • NIA •
TOPLESS ACTIVITY PERMIT YES • NO • NIA j:.t
DATE SUBMITTED
o. '- . .....
DliPARTMENT NAME PHONE NUMBER
ADDRESS ' CITY
LC-693N REV 5198
4880-0652
~ " - 1.-\'\,-c, '--
Req ID# 187128
~"'
STATE OF MICHIGAN
DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
LIQUOR CONTROL COMMISSION
RESOLUTION
At a - - - -(Regutar
-~ ~ - - - - - - - meeting of t h e - - - -{Township
or Special)
~ - Board,
~~ -=~~~----
City or Village Council)
called to order by ___________ on __________ at _____ P.M.
The following resolution was offered:
Moved by _ _ _ _ _ _ _ _ _ _ _ and supported by _ _ _ _ _ _ _ _ _ _ _ __
That the request from PINE STREET TAVERN, INC. TO TRANSFER OWNERSHIP OF 2002 CLASS C
LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 978 PINE, MUSKEGON, Ml
49442, MUSKEGON COUNTY, FROM BRUTTERS, INC.
be considered for
------------(A_pp_ro,-,,-,,~o-,.,-,,-ro-nl-)- - - - - - - - - - - - - - - - - -
APPROVAL DISAPPROVAL
Yeas: Yeas:
---------- ------------
Nays:---------- Nays: _ _ _ _ _ _ _ _ __
Absent: _ _ _ _ _ _ _ _ __ Absent:
-----------
It is the consensus of this legislative body that the application be:
-------------,("°R~-,-mm-,-,,-00-,-0,_oo_tR,-~-,=-eo"'ooo"")_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ for issuance
State of Michigan - - - - - -
§
County of ________)
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the ____ ~ ~ - - - - - - - - at a - - - - - ~
(Township Board, City or Vi!!age Council)
~~--------
(Regular or Special)
meeting held on----=---
(Date>
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
Income Tax Approved • Owing.~Amount: P..I,)~ r O'<: 1msl::~~ tl:,\Soo
I
pl"' \JC?,-.~
~ \,-,-\{;ret'
Treasurer Approved
• Owing O Amount:
Zoning Approved • D Pending ZBA 0
Denied
Clerk's Approved D Owing O Amount: _ _ __
Fire/Inspection Compliance O Remaining Defects _ _ _ __
Services
Departm.ent Signature._~---'--·_· -~---~~--1t
.. ~...1:.._ _ _ _ _ _ _ _ __
Gail A. Kundinger, City Clerk
Liquor License Coordinator
LIQUOR LICENSE REVIEW FORJ."VI
/),0 c · _<;ff't".e f ·kl
B1llsiness Name: ---.,r-LL.....w'-'=-----"',_,__,'-'--''""-'=-'----'-'~-'-L--..<----
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AKA B1llsiness Name (if applicable): _ ____..(i,L..i..l'....Ua-..1fc...t-f-'--r.t...l"....,,..S,,___ _ __
Operator/Manager's Name: /3 eit'ec!:J f- luetjy
Business Address: 9 7,f . /jo c.
Reason for Review:
New License 0 Transfer of Ownership j8' D
Dance Permit
Drop/Add Name on License D· Transfer Location O
Drop/Add Stockholder Name 0 New Entertainment Permit 0
Other _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Deadline for receipt of all information: IJ6bcz uJ t
Police Department Approved O Denied O No Action Needed 0
Income Tax Approved D Owing. D Amount: - - - -
/ J,i 61
Treasurer Approved 0 Owing 2f Amount: 'I!/> 3:)a . -
Zoning Approved D Denied D Pending ZBA D
Clerk's Approved O Owing O Amount: _ _ __
Fi.re/Inspection Compliance O Remaining Defects _ _ _ __
Services
Gail A. Kundinger, City Clerk
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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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 15, 2002
Hearing; Case 2002-39: Request for a preliminary Planned Unit Development for a mixed-
use housing development at Hackley Glen, 1350 Hacldey Ave., by Ruddiman Associates
Limited Partnership.
BACKGROUND
Applicant: Ruddiman Associates Limited Partnership
Request: A preliminary PUD for a mixed-use housing development.
Present Land Use: Housing development
Zoning: RM-I, Low Density Multiple-Family Residential
STAFF OBSERVATIONS
I. The Hackley Glen development is located on Hackley Ave., west of Barclay St., on the curve
where Hackley Ave. becomes Glenside Blvd. The development was originally built as army
barracks during WWII and was not originally intended as a long-term housing development.
Although the buildings were rehabilitated when the existing owner took possession, many of the
300 apartment units are now run-down and vacant.
2. The existing development consists of several streets in a 'half circle' layout along the curve of
Hackley Ave. The development serves primarily low and moderate income families. The
developer has stated their intention to protect existing tenants of the development as much as
possible by relocating them within the complex during the different phases of development, and
then offering them units in the new buildings when available.
3. The applicant is proposing a mixed-use housing development in several phases. The first two
phases, for which they are seeking a Planned Unit Development (PUD) approval at this time,
include a senior housing complex as well as 2-story multi-family apartment units. Future
development on the property is proposed to include additional multi-family apartment units and
possible condominium units as well.
4. The proposed senior housing complex would include a large, 3-story congregate care facility as
well as eight 'cottage' units for independent living. These facilities would be located closer up
to Hackley Ave., with the proposed multi-family apartment units located fmiher back in the
development. A large area even fruiher to the rear (nmih) of the development and along the
western edge would be reserved for future condominium development.
5. The multi-family apartment units are intended to serve low and moderate income families. The
developer has been working with the Michigan State Housing Development Authority
(MSHDA) to obtain tax credits for this development, and also has been working with the City
City of Muskegon Planning Commission - 8/15/02 I
on a PILOT (Payment In Lieu Of Taxes) for the development as well. The PILOT has already
been approved by the City.
6. Staff has been working with the developers for several years on this project as there are multiple
challenges to redevelop an existing site such as this. Utility concerns have been discussed with
the Department of Public Works as the current apartment units each contain separate water
meters. The City and the developer have agreed that the proposed new development will be
metered per building rather than per unit.
7. The proposed development includes the complete vacation of Glenrnoor St. Existing utilities in
this street would be capped on either end and removed from the center portion in order to allow
the congregate living center to be constructed over the vacated street. Staff has no objections to
this, as proposed.
8. The developer submitted a conceptual site plan along with this request for a preliminary PUD
approval. Since that time, the developer has met with MSHDA officials who felt that the
development should provide an additional amount of centralized greenspace than was shown on
the plan. The developer revised the plan and met with City staff to discuss the possible vacation
of Willow St. as well as Glenmoor St. The Depaitment of Public Works has concerns with
access to the remaining utilities underneath Willow St. and how those utilities could be
maintained. Fire access to the rear of the senior living facility would also need to be provided.
9. Staff has briefly reviewed the revised conceptual site plan submitted by the applicant addressing
the above concerns of MSHDA with the original plan, and will bring any additional comments
heai·d on the new plan to the meeting. The revised conceptual plan is enclosed for the Planning
Commission's review.
10. Staff also has concerns with the amount of greenspace provided for the development. The
Zoning Ordinance requires that 15% of the development be common, usable open space. There
are quite a few existing, mature trees that staff would like to see preserved on the site as well.
Play areas for children should also be provided for the multi-family apartment units.
11. Once the first two phases of this development would be constructed, there would still be
additional portions of the existing apaitments remaining in the rear portion of the site
(earmarked for Phase III). Since Phases I and II would be constructed first, the developer has
stated that MSHDA is requiring that these areas of existing apartments be demolished until
Phase III is developed. Staff concurs with MSHDA on this and would strongly recommend a
condition to this effect be place on any PUD approval. Copies of assurances for any guarantees
provided to MSHDA to ensure demolition should also be provided to the City.
12. If this preliminary PUD is approved, the developer would then need to submit a complete site
plan and landscaping plan for a final PUD approval before the project would be allowed to move
forwai·d. The final PUD application and plans would need to come back before the Planning
and City Commissions for their approval.
13. Staff has heard from a long-time resident of the cun-ent development who has concerns with the
proposed relocation of cun-ent tenants during construction and whether there will be guaranteed
units available in the new development for existing long-term tenants. She is concerned that the
transition be as smooth as possible for everyone involved. She had some more specific
questions about the transition as well, which would be better addressed to the management of
the development.
City of Muskegon Planning Commission - 8/15/02 2
PHOTOS
Some or'the existing apartment units.
Existing area with mature trees and benches off of Hackley Ave. View of existing development from Hackley Avc.
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.
City of Muskegon Planning Commission - 8/15/02 3
CITY OF MUSKEGON
RESOLUTION#2002- 99(fl
RESOLUTION FOR PRELIMINARY PLANNED UNIT DEVELOPMENT APPROVAL FOR
1350 Hackley Ave. (current Hackley Glen site)
WHEREAS, a petition for a planned unit development was received from Ruddiman Associates
Limited Partnership and,
WHEREAS, a planned unit development will allow a mixed-use residential development,
containing senior, family apartment and possible future condominium units; 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 Planning Commission and staff have recommended approval of the preliminary
Planned Unit Development and associated conceptual site plan with conditions as follows:
1. The applicant must apply for a final PUD approval including review of a complete site
plan and landscaping plan for the entire site.
2. Any buildings from the existing development remaining after Phases I and II are complete
.will be demolished once residents have been relocated to the new buildings.
3. The developer and management will work with the current tenants of the development to
ensure a smooth transition as building demolition and new construction occur.
4. Fire access roads shall be maintained and installed where needed according to
International Fire Code Appendix D 105 and D 106.
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 27th day of August, 2002
Ayes: Buie, Gawron , Larson, Schweifler, Shepherd, Spataro, Warmington
Nays: None
Absent: None
CERTIFICATE (Preliminary PUD for 1350 Hackley Ave.)
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 further certify that the meeting was conducted and public notice was given pursuant
to and in full complianye 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: August 27 , 2002. ~~
Gai(Kundinger, CMC/AAE
Clerk, City of Muskegon
Commission Meeting Date: August 27, 2002
Date: August 21, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C66
RE: Amendment to National City Purchase Agreement
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,
2000, 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 purchase 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 attached amendment to
the Purchase Agreement, and authorize the Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Westwood
August 22, 2002
City of Muskegon
Attn: Cathy Brubaker-Clarke
93 3 Terrace Street
Muskegon, Michigan 49443
RE: Purchase Agreement for Terrace Lots
Dear Cathy:
Please accept this letter as a formal request to modify and amend the Purchase Agreement
dated October 12, 2000 that exists between the parties. The amendment requested will
change the legal descriptions of the parcels being purchased and modify the dates for
closing of the agreement. I have attached the legal description for the new Parcel # 1, and
have been told by Westshore Engineering that the legal description for the new Parcel #2
will be available on Friday. I will forward the legal for Parcel #2 when received.
Thank you for your assistance in this matter. If you have any questions, please contact
me at your convenience.
Sincerely,
Mark A. VandenBosch
General Counsel/COO
Enclosure
900 Third St.• Suite 204 • Muskegon, MI 49440 • 231.722.9999 · 231.722.9960/a.."\'. · www.thewestwoodgroup.com
SECOND AMENDMENT TO REAL ESTATE SALE CONTRACT
THIS Second Amendment to Real Estate Sale Contract ("Amendment") has been
executed as of _ _ _ _ _ _, 2002 and effective as of _ _ _ _ _~ 2002, by The
City of Muskegon, a Michigan municipal corporation, of 933 Ten-ace Street, Muskegon,
Michigan ("Seller"), and The Westwood Group, L.L.C., of 900 Third Street, Suite 204,
Muskegon, Michigan ("Buyer"), based upon the following facts:
A. On October 12, 2000 Seller and Buyer executed a Real Estate Purchase
Agreement (" Agreement") for the sale and purchase of certain real estate located in the
City of Muskegon and specifically identified in the Exhibits attached to that Agreement.
In January, 2002, Buyer and Seller executed the First Amendment to Real Estate Sale
Contract.
B. Seller and Buyer desire to amend the Agreement and the First Amendment
to Real Estate Contract as provided below.
THEREFORE, for good and valuable consideration, the receipt of which 1s
acknowledged by both parties, Seller and Buyer agree:
1. Genernl Agreement and Description of Premises. Paragraph 1 shall
be modified only to the extent that Parcel #1 (approximately 1.63 acres) and Parcel #2
(approximately 6.83 acres) shall be as identified in Exhibit 1 and Exhibit 2 attached to
this Second Amendment. These Parcels are both identified in the attached Exhibit #3.
2. Purchase Price. The purchase price for Parcel #1 shall be
$89,650.00. The purchase price for Parcel #2 shall be based upon the formula provided
in the original contract and upon the final survey.
3. Closing. The first sentence of Paragraph 10 1s amended m its
entirety to substitute the following language:
The closing date of this sale shall occur according to the following schedule:
Parcel # 1 shall close not later than August 28, 2002. Parcel #2 shall close on a
date that is not later than October 1, 2002.
As additional security for the extension of the Closing Date, Buyer shall make
payment of $5,000.00 for the extension and not as a credit against the purchase
pnce.
4. Use of Parcel #2. During the period between the closing of Parcel #1
and Parcel #2, Seller, as part of this Second Amendment, grants to Buyer a license to use
Parcel #2 for placement of a construction trailer and as a staging area for the construction
on Parcel # 1, which construction shall be solely related to the National City Bank
Building. Buyer agrees, during the period between closing on Parcel #1 and Parcel #2, to
indemnify the Seller or any claims, actions, damages, and liability related to Buyer's use
of the property. Buyer shall not undertake any work on the site or site preparation work
other than for the placement of fencing, placing a construction trailer and for staging of
materials and equipment.
5. Ratification. Except as expressly amended by this Agreement, Seller and
Buyer ratify and confirm the Agreement and the First Amendment to Real Estate
Contract in all respects.
6. Counterparts. This Amendment may be signed in more than one
counterpart, which shall together constitute one and the same agreement.
Buyer has signed this Amendment as of the date set forth above. Seller has signed by the
City Manager as of the date set fo1th above, pending approval and execution by the
Mayor and the Clerk of the City of Muskegon.
WITNESSES: BUYER:
The Westwood Group, L.L.C.
A Michigan limited liability compan
By:
Mtehttel J. Bower1;t1,?iQJ(II.VJ!.,tJo!W~
Its: MaAa8@rA,l'i'ld~O ~/~t«
SELLER:
/RC~ City of Muskegon
a Michigan munici al c
J)( Pd« )~wa~ By:
By:
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: THE WESTWOOD GROUP, L.L.C., 900 Third Street, Suite 204, Muskegon, MI 49440,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
[See Legal Description Attached]
for the sum of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars ($,_ _ _-,-,
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 27'h day of August, 2002,
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 27th day of August, 2002, by Stephen J,
Warmington and Gail A, Kundinger, Mayor and Clerk, respectively, of the CITY OF MUSKEGON, a municipal
corporation, on behalfofthe City,
PREPARED BY: Notary Public, Muskegon County, MI
John C, Schrier My Commission Expires: _ _ _ __
PARMENTER O"TOOLE
Allomeys at Law
175 W, Apple Ave,, P, 0, Box 786
Muskegon,MI49443-0786
Telephone: 231/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
G:IEDSI\FILES\00100\140319\DEED_QUI\AD1350,DOC
---'"--✓·
DESCRIPTION OF SURVEY
"A"
THAT PART OF LOTS 1, 2, AND 3 OF BLOCK 558, BEING PART OF VACATED WATER STREET,
AND PART OF BLOCK 557 OF THE REVISED PLAT OF 1903 OF THE CITY OF MUSKEGON AS
RECORDED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY, MICHIGAN DESCRIBED AS
FOLLOWS;
COMMENCING AT THE SOUTH MOST CORNER. OF BLOCK 556;
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST (DEED=N62"44'00"W) ALONG THE
· NORTHEASTERLY LINE OF TERRACE STREET, AS EXTENDED, A DISTANCE OF 730.00 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST ALONG SAID NORTHEASTERLY
LINE OF TERRACE STREET, A DISTANCE OF 518.69 FEET;
: . ' . .
THENCE NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT, A DISTANCE OF 2.49
· FEET, (SAID CURVE DATA BEING: DELTA =00°28'15",R=302.48', LC.B.=N61"27'09"W, A DISTANCE
OF 2.49 FEET TO A POINT BEING LOCATED ON THE SOUTHERLY RIGHT-OF-WAY OF SHORE
LINE DRIVE);
THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF SHORE LINE DRIVE, ALO~G A
CURVE TO THE RIGHT, AN ARC DISTANCE OF 300.51 FEET, (SAID CURVE DATA BEING:
DELTA=24°19'04", R=708.05', L.C.B.=N82"07'41 "E, LC.=298.62') TO A POINT OF TANGENCY);
THENCE SOUTH 85 DEGREES 42 MINUTES 47 SECONDS EAST ALONG THE SOUTHERLY RIGHT- ·
OF-WAY OF SHORELINE DRIVE, A DISTANCE OF 147.2B FEET;
THENCE SOUTH 42 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 37.54 FEET;
THENCE SOUTH 04 DEGREES 17 MINUTES 13 SECONDS WEST ALONG THE NORTHERLY RIGHT-
OF-WAY OF TERRACE STREET CONNECTOR, A DISTANCE OF 91.n FEET;
THENCE SOUTHEASTERLY ALONG THE NORTHERLY RIGHT-OF-WAY OF TERRACE STREET
CONNECTOR, ALONG A CURVE TO THE LEFT, AN ARC DISTANCE OF 132.23 FEET, (SAID CURVE
DATA BEING: DELTA=16°28'11", R=460.02', L.C.B.=S03°56'55"E. L.C.=131.78'):
THENCE SOUTH 23 DEGREES 17 MINUTES 55 SECONDS WEST, A DISTANCE OF 32. 56 FEET TO
THE POINT OF BEGINNING; ·
SAID PARCEL CONTAINS 1. 63 ACRES MORE OR LESS.
3271-J/jnn
"B"
(VACATED PORTION OF TERRACE)
ALSO TOGETHER WITH THE FOLLOWING VACATED PORTION OF TERRACE STREET LYING
ADJACENT TO PART OF BLOCKS 558 AND 557 OF THE REVISED PLAT OF 1903 OF THE CITY OF .
. MUSKEGON, AS DESCRIBED IN LIBER 3 OF PLATS OF PAGE 71, MUSKEGON COUNTY,
MICHIGAN, AND PART OF VACATED WATER STREET DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH MOST CORNER OF BLOCK 556 FOR THE POINT OF BEGINNING;
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST (DEEO=N62°44'00"W), ALONG.
THE NORTHEASTERLY LINE OF TERRACE STREET, AS EXTENDED, A DISTANCE OF 730.00 FEET
TO THE POINT OF BEGINNING;
THENCE SOUTH 69 DEGREES 51 MINUTES 52 SECONDS WEST ALONG THE NORTHERLY LINE
OF MORRIS STREET CONNECTOR, A DISTANCE OF 19.43 FEET;
THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, BEING THE NORTHERLY RIGHT-OF-.
· WAY OF MORRIS STREET CONNECTOR, AN ARC DISTANCE OF 60.98 FEET (SAID CURVE DATA
BEING: DELTA=12°57'22", R=269.66', L.C.B.=S63"23'11"W, LC.=60.851;
THENCE NORTH 61 DEGREES 12 MINTUES 04 SECONDS WEST, A DISTANCE OF 384.34 FEET;,
THENCE NORTH 28 DEGREES 47 DEGREES 56 SECONDS EAST, A DISTANCE OF 64.63 FEET;
THENCE SOUTH 61 DEGREES 13 MINUTES 00 SECONDS EAST ALONG THE NORTHEASTERLY
LINE OF TERRACE STREET AS EXTENDED, A DISTANCE OF 431.64 FEET TO THE POINT OF
BEGINNING.
. SAID PARCEL CONTAINS 0.60 ACRES MORE OR LESS.
3271-3/jnn
·c·
(VACATED PORTION OF TERRACE STREET)
ALSO TOGETHER WITH THE FOLLOWING VACATED PORTION OF TERRACE STREET LYING
ADJACENT TO PART OF BLOCKS 558 AND 557 OF THE REVISED PLAT OF 1903 OF THE CITY OF
MUSKEGON, AS DESCRIBED IN LIBER 3 OF PLATS, PAGE 71, MUSKEGON COUNTY, MICHIGAN,
AND PART OF VACATED WATER STREET DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTH MOST CORNER OF BLOCK 556 FOR THE POINT OF BEGINNING;
THENCE NORTH 61 DEGREES 13 MINUTES 00 SECONDS WEST (DEED=N62"44'00"W), ALONG
THE NORTHEASTERLY LINE OF TERRACE STREET, AS EXTENDED, A DISTANCE OF 1161.64
FEET TO THE POINT OF BEGiNNING;
THENCE SOUTH 28 DEGREES 47 MINUTES 56 SECONDS W'aST, A DISTANCE OF 64.63 FEET;
THENCE NORTH 00 DEGREES 08 MINUTES 13 SECONDS EAST, A DISTANCE OF 73.64 FEET;
THENCE SOUTH 61 DEGREES 13 MINUTES 00 SECONDS WEST, A DISTANCE OF 35.32 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.03 ACRES MORE OR LESS.
J271-J/jnn
TRANSNATION TITLE INSURANCE CO
570 SEMINOLE ROAD, SUITE 102
MUSKEGON MI 49444
Date: August 28, 2DD2
Escrow Number: 420520
Property Address: Terrace Lots
Muskegon, Michigan 49440
P U R C HA S E R ' s S T A T E ME N T S E LLER'S STATEMENT
DEBIT CREDIT DEBIT CREDIT
Purchaser Price 1$ 89,65D.00 I$ Purchase Price I$ I$ 89,650.00
Rent Adjustment I I Rent Adjustment I I
I I Deposit of earnest money I 77,366.00 I
CLOSING FEES I 75.00 I CLOSING FEES I 75.00 I
OWNERS PREMIUM I I OWNERS PREM !UM I 466.00 I
Recording Fees I 11.00 I Recording Fees I I
Real Estate Corrmission I I Real Estate Conmission I I
I I
Sub Total 1$ 89,736.00 1$ I I
Total De~osits to date I I 77,366.00 Sub Total I$ 77,907.00 1$ 89,650.00
Due from Purchaser I 1$ 12,370.00 Amount due Seller 1$ 11,743.00 I
TOTALS 1$ 89,736.00 /$ 89,736.00 TOTALS /$ 89,650.00 I$ 89,650.00
**********************************************************************************************************************************
I
The undersigned Purchasers acknowledge Receipt of a copy of I The undersigned Sellers acknowledge Receipt of a copy of this
this statement and agree to the correctness thereof, and I statement and agree to the correctness thereof, and ratifies
authorizes and ratifies the disbursement of the funds as stated I the disbursement of the funds as stated therein.
therein. I
I
Purchaser(s) Signature(s): I Seller(s) Signature(s):
I
I
The Westwood Group, L.l.C., I City of Muskegon,
a Michigan Li ttd liabil. I a Michigan Municipal Corporation
I
I
I
I
I
I
I
I
I \
7
1020
TERRACE DEVELOPMENT, L.L.C. NATIONAL CITY BANK OF MICHIGANnLLINOIS
900 3RD STREET SUITE 204 KALAMAZOO, MICHIGAN
MUSKEGON, Ml 49440 9-91-720
7/24/2002
PAY TO THE
ORDER OF $
City of Muskegon 76,366.00 6l
DOLLARS ~
a
~
**SEVENTY-SIX THOUSAND THREE HUNDREDSIXTY-SIX AND 00/100**************
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Bank i,~r1!4 DESCR!PTs~eck 200959 AMOUNT
Order No 420520 Closed by SS Property
420520
Buyer The Westwood Group, L.L.C. Seller City of Muskegon
08/28/02 Net proceeds to seller(s) 11743.00
$11743.00
Cl<-9 (1 0/00) TRANSNATJON TITLE INSURANCE COMPANY
Commission Meeting Date: August 27, 2002
Date: August 19, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department C/3 c_,,,.,
RE: Renaissance Zone Notices of Intent
SUMMARY OF REQUEST: 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, 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.
Attached is a summary of the current status of negotiations.
COMMITTEE RECOMMENDATION:
The Archimedes Group LLC
"Give me a fever anJ a plat1e to stand and I wj// move the earth. 0
Archimedes
Cathy Brubaker-Clarke August 15, 2002
Director of Community & Economic Development
City of Muskegon
93 3 Terrace St
Muskegon MI 49440
Dear Cathy, CITY OF iViUSK:l;Q.Qi\l
PLANbllNO ))!i;PJ~TMfR-JT
Sometime ago, the Archimedes Group sent you a letter with regards to the Renaissance Zone
proposals. The intent of our group as owners of 315 W. Clay (Medical Arts Building) was and is
to be included in the boundaries eventually determined by the City of Muskegon for the Muskegon
Mall Renaissance Zone.
It is our understanding these proposals have now been submitted and the City of Muskegon is in
the review process. In follow-up to our original request I am submitting our ''Proposal for
Inclusion" in whatever Renaissance Zone designation may be generated for the Muskegon Mall
property.
Our building is not large enough by itself to request such a designation, but is strategically located
in the heart of the Downtown Central Business District, adjacent to. the Muskegon Mall properties.
315 W. Clay is the only property on the block that is not a non-profit
Please review the "Proposal for Inclusion." I believe our "proposed project" is in line with the
other submitted proposals for specific Renaissance Zones and meets the City's criteria for such a
project.
If you have any questions or need any information, please contact me. I look forward to working
with the City, other downtown property owners and developers as this exciting phase of
Muskegon's development takes shape.
Sincerely,
Norman Cunningham, Sr., Member
Archimedes Medical Arts LLC
cc: Dick Anderson
Bryon Mazade, City Manager
Steve Warmington, Mayor, City of Muskegon
City Commissioners
David L. Wendtland; Managing M,ml,,, Richard B. Anderson; Re,id,ntAg,nt
525 W. Norton Ave. • Muskegon, Ml 49444 • Phone (231) 739-1626 • Fax (231) 739-9331 ° E-Mail: davidwendtland@chrystalanderson.com
Summary of Renaissance Zone applicants
. ~ ,r,!
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'lf<• i' J /j f p,,;. 'f:} !." '
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oit~Shaw Walker
/
The owners of the Shaw Walker building plan on converting the building
J' to a mixed use including market rate housing, retail, and office uses. The
first phase redevelopment will consist of at least $3 million and creation
of 67 market-rate housing units. Future phases may include
condominium development, as well as retail and office. The owners
have been receptive to a consent assessment in order to ensure the
development takes place. The owners are willing to start construction
within 3 months of Renaissance Zone designation.· .. ,1 , L\ r..
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\, Mart Dock •
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.
(__J-" <lv,Jr "\/i-:-,'i ,lb i,"f·':\.,,·, ,,., 1
Cordova Chemical Site
This project will include a P.A. 425 temporary land transfer agreement
between the City of Muskegon and Dalton Township. The former
Cordova Chemical site consists of over 200 acres in Dalton Township,
,·\\'. ,,
which would be made available for large lot industrial park. Currently,
the City has limited availability for large industrial lots. It is envisioned
that spin off businesses from the Smart Zone could locate in this new
industrial park.
The County would be responsible for development of the infrastructure
and Dalton Township would be responsible for providing services. If
Dalton Township cannot provide service the City would have the first
right of refusal to provide those services at cost + 15%.
Income tax would be split 60% to the City and 40% to Dalton Township.
Staff has been in negotiations with representatives from the County and
Dalton Township, and has agreed in principle on the major issues.
Muskegon Mall
Staff is recommending that a consent assessment be implemented to
ensure redevelopment of the Mall property. When the parcel or parcels
are sold to developers, there would be a certain time frame within which
they would need to substantially complete the project.
At this time the concept for redevelopment is to create an urban village,
consisting of housing, retail, and office uses.
On a related matter, staff has received a letter from The Archimedes
,, Group requesting inclusion of the Medical Arts building, 315 Clay, be
\'·- ,:~ included in the boundaries of the Muskegon Mall Renaissance Zone, if
designated. Staff recommends that this parcel not be included because
RFP procedures were not followed. The project may be eligible for other
redevelopment incentives and staff will work with the developers to
\ ,h identify and apply for those incentives.
Grooters/Seaway Industrial Park
Staff has had ongoing negotiations with Grooters Development
Corporation regarding an extension to an existing Renaissance Zone to
encompass Seaway Industrial Park. Current positions are that Grooters
agrees to a job creation number of 80 jobs at least 40 of which are new
to the City, and at least 75% of the space to be used for manufacturing.
Amount of investment will be over $3 million. Grooters will post a
performance bond to guarantee development.
Staff is recommending that all of the City-owned parcels in Seaway
Industrial Park, along with the private parcels necessary for the Grooters
project, be included in the Renaissance Zone expansion. Designation of
the entire park will allow staff to more easily market the remaining
property. Also, designation will allow for a more even playing field
between the Seaway Industrial Park and the Cordova Chemical site.
Commission Meeting Date: August 27, 2002
Date: August 16, 2002
To: Honorable Mayor and City Commissio
From: Planning & Economic Development
---✓
RE: Request for amendment to Planned Unit Development for
Balcom's Cove
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:
Stafr I eu,., ..~~2ri:!f' 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 attached resolution. The motion to
approve passed on a 5-4 vote with B. Smith, B. Mazade, S. Warmington, P. Veltkamp,
and L. Spataro voting yes and P. Sartorius, J. Aslakson, J. Stewart, and M. Kleaveland
voting nay.
8/16/2002 1
N
City of Muskegon
Planning Commission W~E
Case# 2002-38 s
,----- • = Subject Property(ies)
'
Q = Notice Area
R-1 = Single-Family Residential
WM = Waterfront Marine
LR = Lakefront Recreation
1-2 = General Industrial
LAKESHORE DR
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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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