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Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, May 7, 2001; and the Regular
Commission Meeting that was held on Tuesday, May 8, 2001.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 22, 2001
CITY COMMISSION CHAMBERS @ 5:30 P.M.
Minutes
The Regular Commission Meeting of the City Of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, May 22, 2001.
Mayor Fred J. Nielsen opened the meeting by introducing the Rev. Randy
Hansen, Central United Methodist Church, who offered the prayer, after which the
members of the City Commission and the members of the public joined in reciting
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioner Lawrence
Spataro; John Aslakson; Jone Wortelboer Benedict; Robert Schweifler.
Absent: Commissioner Clara Shepherd. {Arrived at 5:35pm)
2001-57 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that
was held on Monday, May 7, 2001; and the Regular Commission Meeting that was
held on Tuesday, May 8, 2001.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Fireworks Display - Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting approval of a
fireworks display for July 4, 2001, at the Muskegon Country Club. Fire Marshall
Grabinski has reviewed the request and recommends approval contingent on
inspection of the fireworks.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval, subject to Fire Marshall Grabinski's inspection.
d. Kearney Park Fountain Restoration. LEISURE SERVICES
SUMMARY OF REQUEST: To hire McKay Lodge Fine Arts Conservatory to restore the
Kearney Park Fountain.
FINANCIAL IMPACT: $47,904.00
BUDGET ACTION REQUIRED: None, to be funded through a Community Foundation
for Muskegon County grant and the Parks Budget.
STAFF RECOMMENDATION: Approve
e. County Easement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve an easement for Muskegon County to move
both the force main and a water main in Richards Park because of the new bridge
being built.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
f. Michigan Municipal League - Annual Membership Dues (7 /1 /01 -
6/30/02). CITY MANAGER
SUMMARY OF REQUEST: To obtain permission from the City Commission, in
accordance with the Purchasing Policies and Procedures, to pay the MML Annual
Membership Dues for July 1, 2001, through June 30, 2002.
FINANCIAL IMPACT: MML Membership Dues: $8,331
Environmental Affairs Assessment: $1,000
Legal Defense Fund Membership: $ 833
Total Dues: $10.164
BUDGET ACTION REQUIRED: None, cost applied to proper budget line items.
STAFF RECOMMENDATION: Approval
g. Municipal Stormwater Policy Committee Resolution. PUBLIC
WORKS
SUMMARY OF REQUEST: To approve an intergovernmental resolution proposed by
the Muskegon Area Municipal Storm Water Policy Committee. This committee
recommends the attainment of the voluntary storm water permit and the formation
of an intergovernmental technical committee to develop a plan to obtain this
permit.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution.
h. Appointment to Downtown Development Authority/Brownfield
Redevelopment Authority. COMMUNITY RELATIONS
SUMMARY OF REQUEST: To appoint Ben Bifoss of 297 Clay, Muskegon, Michigan, to
the Downtown Development Authority/Brownfield Redevelopment Authority Board.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Appointment to the Board.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to approve
the consent agenda as read with the exception of item "c" which was removed.
ROLL VOTE: A YES: Aslakson; Benedict; Nielsen; Schweifler; Shepherd; Sieradzki;
Spataro
NAYS: None
MOTION ADOPTED
2001-58 ITEMS REMOVED FROM THE CONSENT AGENDA:
c. Muskegon Carriage Company License Renewal. CITY CLERK
SUMMARY OF REQUEST: To approve the request to renew the license for two(2)
carriages for operation in the City of Muskegon for 2001-2002 licensing year. The
carriages will be inspected by the Police Department and proper insurance will be
submitted prior to issuance of the license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
Moved by Commissioner Schweifler, seconded by Commissioner Aslakson to
approve the request for license renewal to Muskegon Carriage Company for two(2)
carriages.
ROLL VOTE: A YES: Benedict; Nielsen; Schweifler; Shepherd; Spataro; Aslakson
NAYS: Sieradzki ( abstained)
MOTION ADOPTED
PUBLIC HEARINGS: None
COMMUNICATIONS: None
CITY MANAGER'S REPORT: None
UNFINISHED BUSINESS: None
2001-59 NEW BUSINESS:
a. Donation Request for Miss Michigan Scholarship Program. CITY
MANAGER
SUMMARY OF REQUEST: To consider a request from the Miss Michigan Scholarship
Program for a $10,000 cash donation for scholarships for competing contestants.
FINANCIAL IMPACT: $10,000.00
BUDGET ACTION REQUIRED: Budget amendment would be required if request were
approved.
STAFF RECOMMENDATION: To deny the request and consider funding for 2002
budget year.
Moved by Commissioner Schweifler, seconded by Commissioner Spataro to concur
with staff recommendation to deny the request for donation and consider for the 2002
budget year.
MOTION TABLED
Moved by Commissioner Spataro, seconded by Vice Mayor Sieradzki to table the
issue until the next meeting.
ROLL VOTE: AYES: Schweifler; Shepherd; Sieradzki; Spataro; Aslakson; Benedict;
Nielsen
NAYS: None
MOTION ADOPTED
b. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish 747 Emerald. 935 Jefferson. and 238 Strong.
INSPECTION SERVICES
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structures located at 747 Emerald,
935 Jefferson, and 238 Strong are unsafe, substandard, a public nuisance and that
they be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition's of the structures and that the Mayor
and City Clerk be authorized and directed to execute contract(s) for demolition with
the lowest responsible bidder(s).
747 Emerald
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals.
Moved by Commissioner Schweifler, seconded by Commissioner Shepherd to concur
with the Housing Board of Appeals and authorize the Mayor and City Clerk to sign the
contract.
ROLL VOTE: A YES: Shepherd; Sieradzki; Spataro; Aslakson; Benedict; Nielsen;
Schweifler
NAYS: None
MOTION ADOPTED
935 Jefferson
FINANCIAL IMPACT: General
BUDGET ACTION REQUIRED: None
STA.FF RECOMMENDATION: To concur with the Housing Board of Appeals.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to concur
with the Housing Board of Appeals and authorize the Mayor and the City Clerk to sign
the contract.
ROLL VOTE: A YES: Sieradzki; Spataro; Aslakson; Benedict; Nielsen; Schweifler;
Shepherd
NAYS: None
MOTION ADOPTED
238 Strong
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals.
Moved by Commissioner Schweifler, seconded by Commissioner Shepherd to concur
with the Housing Board of Appeals and to authorize the Mayor and City Clerk to sign
the contract.
ROLL VOTE: AYES: Spataro; Aslakson; Benedict; Nielsen; Schweifler; Shepherd
NAYS: Sieradzki
MOTION ADOPTED
c. Michigan Transportation Economic Development Fund Category F-
Grant Applications. ENGINEERING
SUMMARY OF REQUEST: Your permission for submit Michigan Transportation
Economic Development Fund Category F Grant Applications for the following
projects is respectfully requested:
1. Milling and resurfacing as well as Curb/Gutter replacement on Southern Ave. from
Seaway to Division. Estimated cost is $255,000.
2. Milling and resurfacing of Sherman Blvd. From Lincoln to Beach St. Estimated cost
is $510,000.
3. Milling and resurfacing as well as curb repairs on Hackley Ave. from Seaway to
Hudson. Estimated cost is $264,000.
4. Milling and resurfacing as well as curb/gutter repairs on Division from Southern to
Western Ave. Estimated cost is $264,000.
5. Milling and resurfacing of Black Creek Rd. from Sherman to Latimer. Estimated
cost is $350,000.
6. Milling and resurfacing of Laketon Ave. from Peck to Park. Estimated cost is
$550,000.
FINANCIAL IMPACT: The grant application would request a 50% participation from
Michigan Transportation Development Fund with the other 50% plus engineering from
the Major Street.
BUDGET ACTION REQUIRED: None at this time. However, should any of the projects
get approval, we would have to include it in the 2002 Capital Improvement Budget.
STAFF RECOMMENDATION: Approve the submittal of the grant applications.
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to
approve the submittal of the TEDF Category F grant application for items 1-6 as
stated.
ROLL VOTE: AYES: Aslakson; Benedict; Nielsen; Schweifler; Shepherd; Sieradzki;
Spataro
NAYS: None
MOTION ADOPTED
d. High Service Pump #2 Rebuild -additional repairs. WATER
FILTRATION
SUMMARY OF REQUEST: To authorize necessary additional repairs to High Service
Pump #2.
FINANCIAL IMPACT: Repair costs of $11,724.99 in addition to the original agreement
of $20,100.00.
BUDGET ACTION REQUIRED: This is an unplanned expense and will require an internal
budget transfer from another line item.
STAFF RECOMMENDATION: To authorize the contractor to perform the additional
repairs in conjunction to the original rebuild project at a cost of $11,724.99.
Moved by Commissioner Spataro, seconded by Commissioner Aslakson to authorize
the rebuild High Service Pump #2.
ROLL VOTE: AYES: Benedict; Nielsen; Schweifler; Shepherd; Sieradzki; Spataro;
Aslakson
NAYS: None
MOTION ADOPTED
e. False Information Ordinance - Section 12-1. POLICE
SUMMARY OF REQUEST: To amend Section 12-1 of the Code of Ordinances
concerning obedience to signs and official instructions regarding use of public areas;
following directions of police officers; obstructing, resisting or opposing police officers;
giving identification.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the Ordinance.
Moved by Commissioner Shepherd, seconded by Commissioner Schweifler to amend
the Code of Ordinance in regards to the False Information Ordinance as stated.
ROLL VOTE: AYES: Nielsen; Schweifler; Shepherd; Sieradzki; Spataro; Aslakson;
Benedict
NAYS: None
MOTION ADOPTED
f. Rezoning Request for Property Located Between Nelson Avenue
and Harbortowne Circle. South of Ohio. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located in Block 761 from R-1,
Single-Family Residential to LR, Lakefront Recreation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to the
approval of a special use permit that limits the height and scope of the residential
development.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the rezoning. Members present: Coleman (yes); Nielsen (no); Aslakson (yes);
Mazade (yes); Sartorious (no); Veltkamp (yes).
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to
approve the rezoning the property located in Block 761 from R- 1, to LR.
ROLL VOTE: AYES: Schweifler; Shepherd; Sieradzki; Spataro; Aslakson; Benedict;
Nielsen
NAYS: None
MOTION ADOPTED
g. Vacation of Dewey Street. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request to vacate Dewey St. (south of Ohio Street, to its
terminus)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of street to facilitate the
development of five buildings, each with four living units. ·
COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation.
Members present: Coleman (yes); Nielsen (no); Aslakson (yes); Sartorious (yes);
Veltkamp (yes).
Moved by Commissioner Aslakson, seconded by Commissioner Spataro to approve
the request to vacate Dewey Street, south of Ohio Street to its terminus.
ROLL VOTE: A YES: Shepherd; Sieradzki; Spataro; Aslakson; Benedict; Nielsen;
Schweifler
NAYS: None
MOTION ADOPTED
h. Alley Vacation in Block 761. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of both the north/south and the
east/west alleys in Block 761 (said block is bounded by beach St., Nelson St., Ohio St.,
and Dewey St.)
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of alley to facilitate the
development of five buildings, each with four living units.
COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation.
Members present: Coleman (yes); Nielsen (no); Aslakson (yes); Sartorious (yes);
Veltkamp (yes).
Moved by Commissioner Aslakson, seconded by Commissioner Schweifler to
approve the request to vacate both the north/south and east/west alley in Block 761.
ROLL VOTE: AYES: Sieradzki; Spataro; Aslakson; Benedict; Nielsen; Schweifler;
Shepherd
NAYS: None
MOTION ADOPTED
EXCUSED: Commissioner Clara Shepherd left at 7:00pm.
2001-60 ANY OTHER BUSINESS:
Commissioner Schweifler spoke in regards to the Pere Marquette Development.
Would like item brought to the next meeting. Manager Bryon Mazade responded
that the request for proposal would be brought in front of commission for their
consideration.
Commissioner Benedict spoke in regards to surplus monies from 2000 which could be
used for Pageant support. Manager Bryon Mazade stated that after the first quarter
reforecast, the monies were placed in the general fund and not in the contingency
fund.
Motion was made by Commissioper Benedict to appoint the Mayor and Vice Mayor
to the committee for the Cross Lake Ferry.
Commissioner Aslakson amended the motion to table the issue for a later date,
Commissioner Schweifler seconded the motion.
ROLL VOTE: AYES: Aslakson; Benedict; Nielsen; Schweifler; Shepherd; Sieradzki;
Spataro
NAYS: None
MOTION ADOPTED
2001-61 PUBLIC PARTICIPATION:
Various comments were heard from the public.
ADJOURNMENT:
'
The Regular Commission Meeting for the City Of Muskegon was adjourned at 7:30pm .
Respectfully submitted;
Gail Kundinger, CMC/AAE
City Clerk
GK/da
Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display - Muskegon Country Club
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting
approval of a fireworks display for July 4, 2001, at the Muskegon
Country Club. Fire Marshall Grabinski has reviewed the request and
recommends approval contingent on inspection of the fireworks.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval, subject to Fire Marshall
Grabinski's inspection.
APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act 36, P.A.1976
IOATE OF APPLICATION
March 20 2001
1. TYPE OF DISPLAY
2. APPLICANT
[xJ Public Display
• Agricultural Pest Control
NAME OF PERSON ADDRESS AGE: Must be 18 or over .
Melrose Pyrotechnics, Inc. p .o. Box 302, Kingsbury, IN 463g5
IF A CORPORATION: Name of President ADDRESS
Michael Cartolano P.O. B.ox 302, Kingsbury, IN 46345
3. PYROTECHNIC OPERATOR
NAME OF PERSON ADDRESS AGE: Must be 18 or over
Paul Kiste P.O. Box 123, Belding, MI 48809 36
EXPERIENCE:
NUMBER OF Yt;ARS NUMBER OF DISPLAYS WHERE
18 years Michigan, Illinois, Indiana
NAMES OF ASSISTANTS:
NAME ADDRESS AGE:
Michael Falke P.O. Box 123, Belding, MI 48809 28
NAME. ADDRESS AGE:
Kevin Packard P.O. Box 123, Belding, MI 48809 20
4. NON-RESIDENT APPLICANT
NAME ADDRESS
Name of Michigan Attorney or Resident Agent ADDRESS TELEPHONE NUMBER
Paul A. Kiste P.O. Box 123, Belding, MI 48809 (800) 771-7976
5. EXACT LOCATION
Y!Uskegon Country Club grounds
DATE TIME
Julv 4. 2001 Dusk
6. NUMBER AND KINDS OF FIREWORKS TO BE DISPLAYED
Approximately 1,200 aerial display shells ranging in size from 1:\, inches to 8 inches
in diameter .
.
MANNER & PLACE OF STORAGE PRIOR TO DISPLAY
No storage necessary, delivered on.date of display.
Sublect to A...."'roval of Local Fire Authorities!
A. AMOUNT OF BOND OR INSURANCE
to be set by munlclpal!ty
?. FINANCIAL RESPONSIBILITY
$5,000,000.00
B. BONDING CORPORATION OR INSURANCE COMPANY: NAME ADDRESS
Britton-Gallagher & Associates 6240 SOM Center Rd. , Cleveland, OH 44139
-
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose,
and at the place listed below only.
.
TYPE OF DISPLAY: [xJ Public Display
• Agricultural Pest Control
JSSUEDTO:
NAME
Melrose Pyrotechnics, Inc.
ADDRESS
rGE
P.O. Box 302, Kingsburv, Indiana 46345
REPRESENTING:
NAME OF ORGANIZATION, GROUP, FIRM OR CORPORATION
Muskegon Country Club
ADDRESS
2801 Lakshore Drive, Muskegon, Michigan
NUMBER & TYPES OF FIREWORKS: .
Approximately 1,200 aerial display shells ranging in size from 11, inches to 8 inches.
in diameter.
DISPLAY:
EXACTLOCATION
2801 Lakeshore Drive. Muskeqon. Michiqan
CITY, VILLAGE, TOWNSHIP !DATE . TIME
City of Muskegon Jul v 4 .2001 Dusk
BOND OR INSURANCE FILED: [I] YES D NO AMOUNT
$5,000,000.00
ISSUED BY:
.
Britton-Gallagher & Assoc. . .
Issued by action of the City Comm i s s ion
------~-------------------- (councll, commission, board)
of the ____,.,c_'1_·t~y________ of __~M~us~k~e~q~o~n~--------
(city, village, township) {name of clly, village, township)
on the _ _ _2_2_nd_______ day of _~M~a~________ 20 01
(signature & posilion of counci~ comm!sslon or board representative)
''AC0°D'
: : ,; ~~''•=·,-,
❖:❖;.;.:❖:❖:•:•:•·····
PRODUCEti
l:ii,iiii,111:i1111:illllll,llllll!lltiJll;lllllll:lffi,lllllll:llllllli':lll:l!ll':i!li:
440-248-4711 1 HI:> 1;1:1111.ic;A I I: 1:S ISSUED AS A MATTER OF INFORMATION
DATE {MM/0D/YY)
03/20/01
Britton-Gallagher & Assoc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6240 SOM Center Rd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cleveland, OH 44139-2985 COMPANIES AFFORDING COVERAGE
COMPANY
A Lexington Insurance Company
INSURED
COMPANY
Melrose Pyrotechnics, Inc. B
P.O. Box 302 COMPANY
Kingsbury, IN 46345 C
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION I LIMITS
LTR DATE !MM/DD/YYI DATE (MM/DD/VY)
A GENERAL LIABILITY 4018708 4/01 /01 4/01 /02 GENERAL AGGREGATE 2000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG ioooppo
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY 1000000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 100000Q
FIRE DAMAGE (Any one lire) 50000
MED EXP {Any one person)
AUTOMOBILE LIABILITY
ANY AUTO
I I I I COMBINED SINGLE LIMIT
All OWNED AUTOS
I BODILY INJURY
SCHEDULED AUTOS I I I (Per person)
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS (Per accident)
I
PROPERTY DAMAGE
•
•
.
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
'
EACH ACCIDENT
'
A l EXCESS LIABILITY 5642108 4/01 /01 4/01 /02 EACH OCCURRENCE
AGGREGATE
' 4000000
x7 UMBRELLA FOAM AGGREGATE 4000000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE:
Fl INCL
EXCL
EL EACH ACCIDENT
EL DISEASE - POLICY LIMIT
El DISEASE - EA EMPLOYEE
OTHER
oescR1PnoNo,o••R•T10Ns1Loc•T1o•sN,H1c,,s1s•ec1AL1TEMs DISPLAY DATE: July 4, 2001 LOCATION: Muskegon Country Club
Muskegon, Michigan ADDITIONAL INSURED: Muskegon Country Club; City of Muskegon, Michigan;
Mr • Ron;Wiiortom: :::.
'.ii~1dM!Ra'.t~:HttJrt£11~ ;:: ;;;;; ;:;;;: :< ;:;::: :2;:::;;;;;c:xc; ;; ;::;:¢.}M!Pm!Ptm@tc:x;a;;:;;; ·;;·;:;:·t L :2 a r::,;;;;;;z;: :,,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Muskegon Country Club EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAil
ATTN:, Mr. Ron Whorton ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2801 Lakeshore Drive ~ i' . n BUT FAILURE TO MAil SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Muskegon, Michigan 49441 liLJU/0 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
l@il'iijffii!i.~ij!11!@i!!lTI '-',, < /\ ,,,-, ,, ·, "o_>::,, ,:' ''zi,m > , , ;ifforn t/\\A¢Q8Pi¢ffikiMiB4WIQJi/hl'i!UH
Date: May 14, 2001
To: Honorable May~r and City Commissioners
From: Ric Scott /!//4z:-f
RE: Kearney Park Fountain Restoration
SUMMARY OF REQUEST:
To hire McKay Lodge Fine Arts Conservatory to restore
the Kearney Park Fountain
FINANCIAL IMPACT:
$47,904
BUDGET ACTION REQUIRED:
None, to be funded through a Community Foundation for
Muskegon County grant and the Parks Budget
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmntlve Action
231 /724-6703
FAX/722-lt14
Assessor
231 /724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
23 1/724-6716
FAX/724-4405 West Michigan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178
Date: May 14 , 2001
Comm. & Neigh.
Services To: Honorable Mayo and City Commissioners
7
231/724-6717
FAX/726-2501
Engineering
From: Ric Scott ;f/4~
231/724-6707 Re: Kearney Park Fountain Restoration
FAX/727-6904
The City of Muskegon applied for funding through the
Finance
231/724-6713
Save Outdoor Sculptures organization to restore both the
FAX/724-6768 Kearney Park and Root Park Fountains. The grant request
Fire Dept. was denied. They had more projects seeking funding than
231 /724-6792 they had money.
FAX/724-6985
Income Tnx
I am requesting that you authorize a contract with
231 /724-6770 McKay-Lodge , who did Hackley Park, to do just the
FAX/724-6768
Kearney Fountain at a cost of $47,904 . The price is the
Info. Systems estimate they did last year. When we bid out the work
23 l /724-6744
FAX/722-4301 for Hackley Park, they were the low bidder. We have
been very satisfied with their work. This is a very
Leisure Service
231 /724-6704 specialized area and I would like to keep continuity in
FAX/724-1196 how we preserve our historic outdoor sculptures.
Mnnnger's Office
23 1/724-6724
The reason for doing Kearney , rather than Root, is that
FAX/722-12 14 the Kearney Fountain is in worse shape. It needs
Mayor's Office attention soon, or it will fall down.
231/724-6701
FAX/722-12 14 The cost for the project will come from the Parks
Inspection Services
budget. Money was set aside to match both grants, but
231/724-6715 we can afford to do only one. We also have a $5,000
FAX/726-2501
from the Community Foundation for Muskegon County that
Planning/Zoning will help with the project . We will also be working
231/724-6702
FAX/724-6790
with Eagle Alloy, who did the Hackley Park light poles,
to get the work done .
Police Dept.
23 l /724-6750
FAX/722-5140
I am asking for authorization to proceed with this
project.
Public Works
231/724-4100 Thank you for your consideration .
FAX/722-4 188
Treasurer
23 l /724-6720
F AX/724-6768
Wnter Billing Dept.
231/724-6718
FAX/724-6768
Wnter Flltrnlion
23 l /724-4 I 06
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: May 14, 2001
To: Honorable M~rr ~n~ City Commissioners
From: Ric Scott J]{/.1.t//-
RE: County Easement
SUMMARY OF REQUEST:
To approve an easement for Muskegon County to move both
a force main and a water main in Richards Park because
of the new bridge being bui1t
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Arflrmatlve Acllon
231/724-6703 '
FAX/722-1214
Assessor
231/724-6708
FAX/726-5181
Cemetery
231 /724-6783
FAX/726-5617
Civil Service
231/724-6716
FAX/724-4405 West Michigan's Shol'ellne City
Clerk
23 I /724-6705
FAX/724~1178
Date: May 14, 2001
Comm. & Neigh.
Services To: Honorable Ma~Y and City Commissioners
231/724-6717
FAX/726-2501
From: Ric Scott 1,f/~
Engineering
23 I /724-6707 Re : County Easement
FAX/727-6904
Muskegon County needs to move both a force main and a
Flnnnce
231/724-6713
water main that runs through Richards Park because of
FAX/724-6768 the new bridge construction over the middle branch of
Fire Dept.
the Muskegon River. The County has asked that they be
231/724-6792 granted the attached easement for this work.
FAX/724-6985
Income Tax
I would ask that you authorize the Mayor and Clerk sign
231/724-6770 the attached agreement.
FAX/724-6768
Thank you for your consideration.
Info. Systems
231/724-6744
FAX/722-4301
Leisure Service
231/724-6704
FAX/724-1 196
Mnnnger's Office
231 /724-6724
FAX/722-1214
Mayor's Orflce
2311724-670 I
FAX/722-1214
lnspecllon Services
231/724-6715
FAX/726-2501
Planning/Zoning
23 I /724-6702
F AX/724-6790
Police Dept,
23 l /724-6750
FAX/722-5140
Public Works
231/724-4 100
FAX/722-4 188
Treasurer
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231 /724-6718
F AX/724-6768
Water Flltrntlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
PARCEL NO. 61-24-117-300-0003-00
TAX NO ....
NAME...... City of Muskegon
EASEMENT
2001-S?(e)
Indenture made this 2.£day of_~M~a~_ _ _ _ _ _ _ _ _ _ _ A.D.,
2001, between The City of Muskegon. a Michigan Municipal Corporation. whose address is
(Name of Owners)
933 Terrace Street
(Street Address)
Muskegon Michigan 49443-0536
(City) (State) (Zip code)
Grantors, and the County of Muskegon, a municipal corporation, by and through its County
board, County Building, Muskegon, Michigan 49442, as Grantee, hereafter referred to as the
"County" or "Grantee".
RECITALS
Grantors are the owners of certain property, hereinafter descnbed, and the County of
Muskegon is desirous of obtaining an easement over and upon a portion of said premises for the
purpose of constructing, maintaining and using certain Utility Lines.
Grantor is willing to grant and convey to the County an easement for said purposes upon the
tenns and conditions hereinafter set forth.
Witnesseth, that the Grantors, for and in consideration of the sum of lawful money of the
United States to them in hand paid by the County, the receipt of which is hereby acknowledged, do
by these presents grant, and convey unto the County of Muskegon and its successors and assigns,
permanent easement over, across and under strips ofland situated in the Township of Muskegon,
Muskegon County, Michigan, which said strips of land are described on the attached easement
drawing, for the purpose of clearing, trenching for, laying, constructing, maintaining, repairing and
using utility pipe lines necessary or convenient to the County general plan for the Northside Water
System with all of its necessary apparatus and appurtenances, which is a part of the Muskegon
County Northside Water System.
Grantors grant and convey to the County herewith, the right and privilege to use the
temporary easement when required for the initial construction of the said sewer lines, pipes and
mains, which shall expire after same are constructed, but not before the calendar year ~2=0=02~--
whichever shall first occur.
PROVIDED HOWEVER, that the:
I. County shall restore the premises to the same condition they were in prior to such
construction, maintenance, repair or alteration, except for tree removal.
2. County shall provide Grantors with a temporary roadway for pedestrian and vehicular
traffic when such construction, maintenance, alterations, and repairs interfere with the Grantors'
ordinary pedestrian and vehicular access to the premises.
3. County shall cooperate with Grantors to cause the least inconvenience to Grantors
during such construction, maintenance, alteration and repairs and complete such work as soon as
reasonably possible.
4. County in excavating for, constructing, laying, maintaining and repairing said sewer
lines, shall do as little damage as possible to the premises of Grantor, and it shall make good all of
such damage to Grantors.
5. Grantor agrees that no building or construction of any kind or nature will be placed
upon the above right-of-way and no excavation shall be made within said easement without prior
written consent of Grantee, which shall not unreasonably withheld.
The above special provisions form a part of the consideration for this conveyance in addition
to the monetary considerations above set forth.
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first
above written.
Witnesses:
~~ .J~~
'3e-'1 ArK.
1::>£ 1-V.Sd Al
By:~ ~
Fred Nielsen,yor
~
STATEOFMICIDGAN )
) ss
COUNTY OF MUSKEGON)
On thiscl2_ day of_'272
---'~ ~;,-,.!L..
,...._ _ _ _ _ , AD., 20 .Qi__ , before me
personallyappeared Fred Nielsen. Mayor
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that ~ executed the same as .b..i5 free act and deed.
~ gQ. ~
Notary Public L,/JJa. S-of-1er
County of Muskego°' Michigan
My Commission Expires: J- clv o2
IN WITNESS WHEREOF, Grantors have executed this Agreement on the year and day first above
written.
Witnessess:
· ~ ~ ~eu_\~ stA
• By:~~~_!_~~~~~
Gail Kundinger, Clerk
~o ~ I'"'\ ~ 1-,J~ S~ ,.
County of Muskegon, Michigan
My Commission Expires 7-;;0- o o<
EASEMENTS
PARCEL NO. 61-24-117-300-0003-00
TAX NO. _ _ _ _ _ _ _ __
NAME: City of Muskegon
DESCRIPTION OF PROPERTY
(As taken from the Muskegon County Tax Roll)
PART OF SW¼ SEC 17 10 16 COM@INTEROFN LINE BLK545 & ELY R/W LINE OF C& 0 RR THNLY
ALONG SAID R/W TO C/L OF CHANNEL OF MUSKEGON RIVER TH NELY ALONG C/L SAID RIVER
CHANNEL TO WLY LINE OTTAWA ST. TH SLY & WLY ALONG WLY LINE OF OTTAWA ST TON LINE OF
BLK 544 TH W ALONG N LINE OF BLK 544 & 545 TO BEGINNING.
DESCRIPTION OF EASEMENT: A MODIF1CATION TO AN EXISTING UTILITY EASEMENT RECORDED
IN LIBER 1226 PAGE 973
A UTILITY EASEMENT FOR BOTH THE WATERMAIN AND SEWER FORCE MAIN DESCRIBED AS: A 20'
WIDE PERMANENT EASEMENT, 10' EACH SIDE OF CENTERLINE OF THE UTILITY PIPE, WITH AN
ADDITIONAL 25' WIDE TEMPORARY CONSTRUCTION EASEMENT ON EACH SIDE; COMMENCING AT A
POINT APPROXIMATELY 150 FEET MORE OR LESS SOUTHERLY FROM THE WATER'S EDGE OF THE
NORTH CHANNEL OF THE MUSKEGON RIVER ALONG THE EXISTING UTILITY; THENCE DEFLECTING
WESTERLY ALONG THE UTILITY NORTH TO THE EXISTING RIVER'S EDGE.
Prepared by:
JOHNSON & ANDERSON, INC.
2685 Holton Road
N, Muskegon, MI 49445
Date: _ _ _ _ _ _ _ _ __
Scale: _ _ _ _ _ _ _ _ __
Job No. ----"'14~9"'6-'-7-c,0:,c0_ __
After recording return to:
Muskegon County DPW
4th Floor County Building
Muskegon,MI49442
~ .... .,. ..,,,,.
....... ?1--.si'~
CO:J!~T'f OF MUSK£~0.~
EASEMENT AHO RIGHT -OF-HAY
K.'iC',,i .~LL MEN SY TH~SE BRtSENTS. tha.t the City of !4uskeson. a. t>lichigan Municipal
Corporation, whose addl"es.s~ s 933 Terra:;.e Street. Muskegon, ·Micnf gan ~ 49443-:)536.
hel"e.'i-r.after called 11 Gt"ar;~~,'1. for and in cons1 deration· of the sum of One Oal1a.r to
them fo hand pai-d by the COUNTY or MUSXEGOK, a municical corporation, whose address
is. 990 Terrac~ Street, 1-1.uske·gon, Michigan, 494~2. herein.!lfter called 11 G'l"!.ntee .. ,
d:i.es· hereby i:anvey, gran: and. release to tha slid G,rantee an easement and. rfght.-of'-way.
in whlc~ to erect, canstr~ct, 1nstall and lay, and thereafter to us~. aper~te,
ir,spect, repair", ma int:lin, replace :1nd remove, a. wat~r ma in and appurtenate part,s.
thereof, ovar, a.cross,. under a.nd thi-ough part of the land ownect by th~ Gra:1tor and to
er:~er·uton SlJfficient laild adjacent to said easement and right-of-way for the pu:rposa
OT construction, operatfon~ maintenance, re~air and/or r~p1ac;;ment the:-eof.
A PERMA?lENT EASE~T 20.00 feet in width. th~ :;:.~ns:er.line of said easement being.
descl"ibec as:
Part of the. Southwest one-_quarter, Sec;tion 17, Town 10 North. Range 16 West.
City of Muskegon, Muskegon County, Michigan. des_eribect as BEGINNING 011 the center-line
of Ottawa Street (former U.S .. Sl) North 22'30'0o" Ea>t 785.98 feet from the Narth•r1y
right-of~¥1ay line--ef Bayou Street (a 66.00 foot wide public street}; th-ence tlorth
s4~ao n 1 11
~~est lT4,30 feet; thence North 20°15 1 1l1' .West 26.80 fe.et; thence N.o-rt-h
1°49 1 01 11 Ea::;t 48;92 feet; ·thence Morthwester1y 394.006 feet a1ong an 800.00 foot.
·r.a:;:!ius ·curve to the ·1eft, the long chord of which bears Non:h 12"17 1 32.5" West a
ci1stance of _390.0~6 feet; thenca· North 26°24 1 06 11 'West 180.07 feet;' thence r{or.,i,
ZSc;,08 1 27 11 West 100 feet mere or less to the place of ending of this easeiTient which is
106.ted at the water's edge of the North Channel of th~ Muskegon River; EXCEPT
that-part of the e.0011.a cescl"i?tion located within the dght-of-way of said Ottctwa Stree1
TEM?0AARY C0Ns:rRUCTI0N :ASEME~ff 35.00 feet ln-':t'idth, the centerline of· said
eascam~nt being described as:
Part of the Southwest ane~quar-ter~ Sectlcn 17, Town iO North~ Range 16 ~est~ ·.
City· of Muskegon. Muskegon County, MichigM; dl!scti bed ·as BEGINtl!N.G on the centerline
of Ottawa Street (·former U.S. 31) North 22'30'00" East 785.98 feet from the ·Northerly
right-of-way llne of Bayou Street (a 66,00 foot wide public street); thence ~orth
54'1100'11 11
West 17-4.30 feet; thence North 20°15 11" West 26 •.SO feet;. thence North 1 4-9 0'
1 9 1
East 48.92 feet; thence Northwesterly 394,006 feet along•~ 800.00 foot radius curve to
the 1eft, the .long chord of which b@ars North 12.,17 1 .32.5 11 West a dis.t~m:;:e- of 390;036
feet; thence North 26°Z.1V06 11 Hest 180.07 feeti thence .North 38°'08 1 27'' West 100 feet
irore or less to thf!·place of•eridtng of this.ea.stuntint wh1eh is located at the wa-ter•s
edge of the North Chaimel of the Muskegon atver; c:XCVT tha:-: pa-rt of t.ie above
·description loca;ted·wHhin the right--of-way of said Ottawa Strellt .. ·
t & tiut. no bu·frd"fng ., =ecas:t1 act.Nm 11'F-1my- kind !f'i'" nature wf11 be
~ d upon the.-above Mght~of ..way and no excavation ~i'ha11 l>e made wfthfn Said. easement
-wrtthe,. . ptior w:itten_ ccnsen-i;; of Grant_tte, whi.ch shall riot be unreasonably withheld ..
·..,.-r-ttie sa "id premi"Se:s shaTI'be d"fstat bmf :tty· reason of ,the axar.ctse of any or· the
foregoing powers, then sa1d-prern1-ses sha11 De restored to its original Condition by
the Grantee. · . .
Grantee shall prov~de Gf.antor with a temporary roadway for pedestr1ans and·
vehicular access to the premises. Grantee sha11 cooperate with Granter to cause .the
least inconvenience ta ·Granter during such coostruction. maintenance. alteration and
re?airs and campl~ts such work as soon as reasanablt possib1~.
THIS GRANT and· other- provisions of this ea.seme·rrt shall constitute l covenant
runntng with the 1and for- tha benefit of the Grante_e. i·ts successors and assigns.
~
~ '-'n
!}
..... ,.
o·
~o~
§i::
..., "'~~
.., m:-, t-fayor iUld
of --~---~----·-i 1981,- b y - - - - - - - - - - ' - - - - - - -
of th~·City· of Musk_egon, a Michigan· Municipa'l Corporation.
o~afted under-direction of:
Harry J• Knudsen
120 W. Apple ··11.venue
Mu,;kegon, MI
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _..:.05=/=22,,,_,/0~1_
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 11, 2001
RE: MML -Annual Membership Dues (7/1/01 - 6/30/02)
SUMMARY OF REQUEST:
To obtain permission from the City Commission, in accordance with the Purchasing Policies and
Procedures, to pay the MML Annual Membership Dues for July 1, 2001, through June 30, 2002.
FINANCIAL IMPACT:
MML Membership Dues: $8,331
Environmental Affairs Assessment: $1,000
Legal Defense Fund Membership: $ 833
Total Dues: $10,164
BUDGET ACTION REQUIRED:
None. Cost applied to proper budget line items.
STAFF RECOMMENDATION:
Approval.
COMMITTEE RECOMMENDATION:
None.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS- 0: (MML-DUES-2001&2002)
'~
MICHIGAN
MUNICIPAL May 4, 2001
~ Ms. Gail A. Kundinger RECEIVED
President
CHARLES SMILEY Muskegon City Clerk
Mayor, Burton 933 Terrace St. MAY 1.1.2001
PO Box 536
Vice President MUSK!GON
Muskegon, MI 49443-0536 Dll~ MANAGIR'I
JEFFREY FITCH
Village President, Kalkaska QEEICI
Dear Ms. Kundinger:
Trustees
MARGARET 'PEGGI' ARNOLD Enclosed are your Michigan Municipal League renewal invoice and membership
Mayor, Manistique
plaque insert that recognizes your continuing membership in the MML. In preparing
KENNETH BABICH
Mayor, Marlette your invoice, the state shared revenue figures used for the dues calculation are
FRANKLIN L. CAMPBELL
accurate to the best of our knowledge.
Mayor, Hastings
C. D. 'AL" CAPPUCCILLI On behalf of the trustees and staff I would like to thank you for your continued
Mayor, Monroe support of the League, It is only through the cooperation and participation of our
HAROLD DRAKE municipal members that the League is in a position to help meet the needs of local
Village President, Ravenna government by providing information, education, political involvement and a host of
MYRON FRASIER other services tailored especially for member cities and villages.
Council President, Southfield
FREMAN HENDRIX Your participation in League meetings, conferences, training programs and our
Deputy Mayor, Detroit
miscellaneous services is encouraged as we move into our second century of
PATRICIA KILLINGBECK furthering and strengthening the objectives of local government.
City Manager, AuGres
KURT KIMBALL
City Manager, Grand Rapids The three League offices are always available to you, as is the MML's Web site
GEORGE KORTHAUER
(www.mml.org).
City Manager, Petoskey
KATE LAWRENCE Please feel free to call me or any staff member should you have questions.
Mayor, Brighton
JAMES LEIDLEIN Sincerely,
City Manager, Harper Woods
CAROL SHEETS
Mayor Pro Tern, Wyoming
ROBERT SLATTERY, JR.
j)_ ;ar-B. Jl,e..
Geo . Goodman
Mayor, Mount Morris
Executive Director
JOEL THOMPSON
Mayor, Otsego
MICHAEL USKIEWICZ
Enc.
City Manager, Escanaba
Executive Director
GEORGE D. GOODMAN
A member of the National League of Cities
Web Address Headquarters Office Lansing Office Northern Field Office
www.mml.org 1675 Green Road, P.O. Box 1487 320 N. Washington Square, Suite 110 8925 Garden Road
Ann Arbor, Ml 48106-1487 Lansing, Ml 48933-1288 Garden, Ml 49835-9270
Phone: 734-662-3246 Phone: 517485-1314 Phone: 906-644-2299
Fax: 734-662-8083 Fax: 517-372-7476 Fax: 906-644-2298
- RECEIVED:
-
MAY l .1. 2001
MICHIGAN MUNICIPAL LEAGUE
MEMBERSHIP RENEWAL INVOICE MUSKEGON
MICHIGAN CII~ MANAGER'S
MUNICIPAL 2001 - 2002 DF.EICI
]1 LEAGUE,c.
ft.W1Wl\tl
CITY OF MUSKEGON Id: 347
Date: May 4, 2001
Membership Period: July 1, 2001 - June 30, 2002
* 1999-2000 State Shared Revenue: $5,170,852
* Michigan Municipal League Dues $8,331
* Environment Affairs Assessment 1,000
* Legal Defense Fund 833
* Total due by July 1, 2001 $10,164
Please sign. date and return one invoice copy with your payment.
Make checks payable to the Michigan Municipal League and mail
to the address below. Thank you.
(Signature)
(Date)
* See reverse side
Michigan Municipal League
P.O. Box 7409
Ann Arbor, Ml 48106-7409
800.653.2483
Date: May 11, 2001
To: Honorable Mayor and City Commissions
From: Ken Meyer, Deputy DPW Director
RE: Municipal Stormwater Policy Committee Resolution
SUMMARY OF REQUEST:
To approve an intergovernmental resolution proposed by the Muskegon Area
Municipal Storm Water Policy Committee. This committee recommends the
attainment of the voluntary storm water permit and the formation of an
intergovernmental technical committee to develop a plan to obtain this permit.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution.
COMMITTEE RECOMMENDATION:
C:\DOCUME-1\KUNDIN~1\LOCALS~1\Temp\Voluntary Stonmwater Penmit Resolution Cover.doc
CITY OF MUSKEGON
RESOLUTIONNO. 2001-57(9)
A resolution to support the attainment of the Michigan Department of Environmental Quality
Voluntary Phase II Storm Water Permit and directing the Muskegon Area Municipal Storm
Water Policy Committee to establish a technical committee to develop a plan to secure such
permit.
Muskegon Area Municipal
Storm Water
Policy Committee
RESOLUTION
WHEREAS, this Policy Committee has been charged with investigating requirements of EPA
Stormwater Phase II permit process, and;
WHEREAS, the Committee has met collectively with representatives from the Michigan
Department of Environmental Quality, MDEQ, and;
WHEREAS, there is unanimous consensus that there exists a public benefit in cooperative
planning efforts, and;
WHEREAS, the MDEQ voluntary program provides an opportunity to demonstrate that a
flexible, locally driven program will be effective in dealing with Phase II requirements;
NOW THEREFORE, BE IT RESOLVED that the County of Muskegon, Cities of Muskegon:,
Norton Shores, Roosevelt Park, and the Townships of Dalton, Fruitport, Laketon, Muskegon and
Sullivan hereby recommend to their respective Commissions, Councils and Boards to:
1) Support a cooperative MDEQ voluntary permit based on watershed management, and
(2) Direct the Policy Committee to establish a Technical Committee to develop the physical
plan and financial needs necessary to implement an MDEQ voluntary plan that will comply
with the EPA Stormwater Phase II requirements.
Upon vote for the adoption of the resolution, the vote was:
YEAS: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki,
and Spataro
NAYS: None
C:\DOCUME~ l \KUNDIN~ l \LOCALS~ l \Temp\Voluntary Stonnwater Pennit Resolution.doc
St0rm Water Committee
Resolution
Page 2 of2
Dated: ____
5 ~ 2-4_,_______
_ QI
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May 22, 2001.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, City Clerk
Date: March 22, 2001
To: Honorable Mayor and City Commissioners
From: Community Relations Committee
RE: Appointment to Downtown Development
Authority/Brownfield Redevelopment Authority.
SUMMARY OF REQUEST: To appoint Ben Bifoss of 297 Clay,
Muskegon, Michigan, to the Downtown Development Authority/Brownfield
Redevelopment Authority Board.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Appointment to the board.
DOWNTOWN DEVELOPMENT AUTHORITY/BROWNFIELD REDEVELOPMENT AUTHORITY BOARD
PURPOSE
To correct and prevent deterioration in the Downtown Development District, to encourage historic
preservation, to create and implement development plans, to promote economic growth, and to acquire and
dispose of interests in real and personal property, to levy and collect taxes, to issue bonds and use tax
increment financing (TIF).
MECHANICS
ENABLING LAW: Act 197, Public Acts of 1975 & City Code 2-121 -2-134 - Oath required.
APPOINTED BY: City Manager/City Commission
MEETING: Third Tuesday of each month@ 4:00 P.M.
City Hall - 2nd Floor Conference Room
TERM: 4 Years
COMPOSITION
TYPE DESCRIPTION
A 5 Members must have an interest in the property in the district
B 4 Citizens
C 1 Resident of the district
D 1 City Manager
CURRENT MEMBERS
(Staff Liaison - Cathy Brubaker-Clarke)
TYPE NAME ADDRESS ZIP PHONE TERM EXP.
A R. Ben Bifoss 297 Clay #202 49440 206-7105 1/31/03
1/31/03
A Chip Sawyer 4602 Bluff Rd. 49461 894-4559 1/31/04
Whitehall, Ml
A Eugene Fethke 71 W. Webster 0 722-2375 1/31/05
A Kevin Cierpial 8258 Holton Rd. 49425 821-2677 1/31/05
Holton, Ml
A Michael Balzic 1564 Hoyt 2 724-6833 1/31/02
B Rich Taylor 488 Marlane St. 2 777-7222 1/31/03
B David Medendorp 318 Houston 1 755-6880 1/31/03
B Kathy Jackson 1359 Amity Ave. 2 777-1226 1/31/04
B Paul E. Roy, Jr. 1611 Oak 2 724-6381 1/31/02
C William Stone 523W. Clay 0 722-9953 1/31/02
D Bryon Mazade 933 Terrace St. 3 724-6724
12
(* ~ Chairperson) - 12 - 2001-COMRELBOOK
Please Type or Print. AppllcafitmS ml/ be kept on /fie for cm1 year. All ~plicants subject to a background ch,Jck.
NAME: R. Ben Bi foss DATE: April 23, 200'1
HOME ADDRESS: 297 Cl av Avenue, Apt. #202, Muskegon, Michigan 49440
(Slnlel, City, State, Zip)
HOMEPHONElil: 231-206-7105 WORK PHONE #: _ _2_3__1_-7_2_2_-6;..6;,,;c9..;;.l_ _ __
OCCUPATION: General Manager, West Mir.higao Dock & Market Corporation
(If retired, give former occupation)
EDUCATION: Masters in Pub! i c Admi o i strati oo 23 vears experi eoce i a Gitir Management
Jncl11diog consolidated citv-crnrnt\, management Most recently 13 years as Manistee
City Manager " '
PERSONAL & COMMUNITY ACTIVITIES: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
INTERESTINSERV1NG: ! ife Jang commitment to p11bl ic servic 0 specific interest ]Q
..deveJnproeot, plaoning dawotawo revitalization, '
PERSONAL REFERENCES: (Please list !he oome and phone numbers of !hree personal references)
1. Manistee City Mayor, Richard Mack 231-723-6830
(Narr.el (Phone Number)
2. Big Rapids City Manager, Steve Stilwel I 231-592-4020
(Name) (Phone Number)
3. Manistee Chief of Police, oa·vid Bachman 231-723-2533
(Name) {Phone Number)
PLEASE INDICATE BOARDS/COMI\JIISSIONS/COMMITTEES INTERESTED IN SERVING ON - MARKING #1 AS
YOUR FIRST PREFERENCE:
( ) Board of Canvassem ( } lrrnJ1ge Committee
( ) Board ofReview ( ) Income Tax Board ofRav!ew
( ) Building Code Board of Appemls { ) l.l!nd Reutlllzation Committee
( ) City Employees Pension Board ( ) Laisure Sarvicas Boord
( ) Civil ServiOI! Commission ( ) Loan Fund Advisory Committee
( ) CDBG-Ciiizsn's Oilllrlc! Council ~ ( ) Lacal Develop. Financs Authority
;;t( ) Downtown !Mlvelopmsnl Aulhoo!y/Brownfield Boord ( ) Local Officll(s Compensation Com.
( ) Election Commission ( ) Mechanical Board of Ellaminern
( ) Electrical Board of Appeals :J, ( ) Planning Commission
( ) Equal Opportunity Committee ( ) Plumbing Board of Appeals
( ) Historic Dlsblcl Commlaslon ( ) Pollcs/Firemen's Pension Board
( ) Hospital F!nanca Authority '( ( ) Ta)( Increment Flnan011 Authorily
( ) Housing Board of Appeals 5' ( ) Zoning Board of Appeals
( ) Housing CommlllSion (Jl)Other Housing Stock Review Committee
- V -
Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Muskegon Carriage Company License Renewal
SUMMARY OF REQUEST: To approve the request to renew the
license for two (2) carriages for operation in the City of Muskegon for
2001-2002 licensing year. The carriages will be inspected by the Police
Department and proper insurance will be submitted prior to issuance of
the license.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the request.
APPLICATICT-1 FOR TAXICAB OPERATOR
in the
CITY CF MUSKEGON, MICHIGAN
Name of Company (d,b,a.) ....l\\J\!.l.sv%.ai.,~ec~=~:~~~~:a!-<~~~Ak.l~~~\At.1..:6~Sc~.~c~·o~·;:;,·_ _ _ _ _ _ _ _ _ _ _ _ __
Address of Of'fice ~s-'-~1,0,cL., ,,_.
Name & Residence of ) _s
..
~"·:::.·,a<-,.v:.rr::.,__S=c,iC:s,f:3:sA=,-=,.?1=<+-'--------- Age 'f 3,
each person interested )
in or connected with the ) _____________________ Age,____
above, individual, firm or) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age_ __
corpora ti on. )
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Age._ __
Present Business o£ each person
connected with the above application.
Give experience o£ applicant in taxicab
business in this City or elsewhere.
Number of cabs applicant proposes to use___(~'.J.."--,,L---------------
Are there any unpaid or unbonded judgments
of record against the applicant -------~1'1--=c'-----------------
Have any of the persons connected with the above as individual, firm or
corporation been charged with or convicted of any crime or misdemeanor,
if so, state date and Court, ___.JsJ~·vl,!.,._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Name of insurance company with which
applicant is insured and amount of coverage.
Name of local agent or representative. _____________________
Is the above applicant the sole owner of all the automobiles
proposed to be used? ____.-"-r<;.,ec-__.S_________________________
State liens, mortgages or other encumbrances including conditional sales
contracts on such taxicabs. --'~=d~.\X":::.·:::..----------------------
Attached hereto is a list of the automobiles,with name of make, body-style,
year, serial and engine number, state license plate number, seating
capacity, weight of car which is considered a part of this application.
The applicant's annual financial and profit and loss statements covering
his operations during the last preceding fiscal year shall be attached to
this application.
Signature
Subscribed and sworn to before me a Notarx Public in and for Muskegon
County, Michigan, this )//, day of y_.,)'J.a3,.( , J:9- ,;2...t."h•;/
My commission expires
,:;_,;,_ s--u,;;i__ C)l;-:"Ll7-0 _,J. AM~,
Notary Public
Application Approved
CAB NO.
-----
TAXICAB Iffli'ENTORY CONTROL
LICENSE YEAR MAY 1, TO APRIL 30,
................................................. ~
••••••••••••••••••••••••••••••••••••••••••••••••••
OPERATOR
Cab Number
Make
•$jj0Ac2-,-?
Body Style
,,iv::, · A- ilLS
Yea:r
l<'\ '-\S-
Serial Nu.mloe:r
·-
Engine Numl:ie:r
-
State License Number
,
-
Seating Capacity /
I\ G)- .
Weight
1s-0z1:::f:F~) (?
/' -~
-,
••••••••••••••••••••••••••••••••••••••••••••••••••
Inspected&: Approved by Date of Approval
Required under·seetion 23-29 (2) of Code of Ordinances--City
of Muskegon
C.1U3 NO. _ _ __
TAXICAB INVENTORY CONTROL
LICENSE YEAR M.~Y 1, TO Al?RI L 3 0 ,
••••••••••••••••••••••••••••••••••••••••••••••••••
••••••••••••••••••••••••••••••••••••••••••••••••••
Oll?ER..l\.TOR
Cab Number
Make _,
,_
\c-:tyr:::?
Body Style
\J';<, ··A-~\/1 <-
-
Year
i l\ :f {) ·.
Serial Number
-
Engine Number
--
State License Number
--
Seating Capacity
[ ·,-
\ ts9 )
' ..··
Weight ,,-
I .~-.:-; C ::...:J. :? I ", i
\ j
Date of Approval
Required under Seetion 23-29 (2) of Code of Ordinanoes--City
of Muskegon
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING May 22, 2001
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: May 8, 2001
RE: Donation Request from Miss Michigan Scholarship Program
SUMMARY OF REQUEST:
To consider a request from the Miss Michigan Scholarship Program for a $10,000 cash donation
for scholarships for competing contestants.
FINANCIAL IMPACT:
$10,000.00
BUDGET ACTION REQUIRED:
Budget amendment would be required if request is approved.
STAFF RECOMMENDATION:
To deny the request and consider funding for 2002 budget year.
COMMITTEE RECOMMENDATION:
None.
O:COMMONIDEPTMENT\ADMINIAGNDAFRM
JMS - O: (MISS MICH SCHOLARSHIP FUNDS
di!( i1,11, di!( lchi9an
SCHOLARSHIP PROGRAM
5154 McDowell• Muskegon, Ml 49441
(231) 798-4272 • FAX (231) 799-9046
April 25, 2001 missmichigan.org
Mayor Fred Nielson
Ci"ly of Muskegon
933 Terrace
Muskegon, MI 49440
Dear Mayor Nielsen,
for the past 52 years, the Miss Michigan Scholarship Pageant has been a fixture in downtown
Muskegon. Our franchise with the Miss America Organization is reviewed yearly and evaluated partly
on community support, financial contribution, and media e)(posure. The Miss Michigan Scholarship
Pageant Inc. is a non-profit 501C(4) corporation and our ta)( ID number is 38-1753186. Our
fu11drnisers, along with generous sponsoir support have enabled us to consistently be among the top
10 states in the Nation for scholarship awards. Over the last two years, the Miss Michigan
Scholairship Program has awarded scholarships in e)(cess of $105,000.00 to its competing contestants
from across the state cl' Michigan.
In order to continue awarding scholarships at this level, and secure our Muskegon fnmchise
with the Miss America Organization, the Miss Michigan Scholarship Program needs the City of
Muskegon's financial support. I am petitioning to the City of Muskegon for a $10,000.00 cash
donation to the Miss Michigan Scholarship Pageant, Inc. This donation would be deposited into our
Scholarship Fund and dispersed to the 2001 competing contestants.
I would like the opportunity to meet with you, at your convenience, to discuss our rnquest
and more fully describe the Miss Michigan Scholarship Pirogi-am. I will follow up, via phone, within
the next week. Thank you in advance for your consideration.
}i~5erely, J
'ffittl'1 M!L[;; .
Polly Doctor
State [)(ecutive Director
Cc: Ric Scott, Director of leisure Services
Bryon Mazade, City Manager
DATE: May 2, 2001
TO: Honorable Mayor, City Commissioners
FROM: Inspection Services Department
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 00-89 Address: 747
Emerald, Muskegon Ml
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
747 Emerald is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: 00-89 - 747 Emerald, Muskegon Ml
Location and ownership: This single family dwelling is located on Emerald near
Walton and is owned by Bank One Financial, previously owned by Virgil Badour.
Staff Correspondence: A dangerous building inspection report was conducted on
12/4/00. A Notice and Order to Repair or Remove a Structure was issued on
1/29/01. Notice of Hearing before the Housing Board of Appeals was sent on
3/20/01. Housing Board of Appeals Order to Demolish was issued 4/5/01.
Owner Contact: Mr. Badour contacted the office on 3/30/01 to inform staff that
the bank had foreclosed on him and he no longer had ownership of the property.
He also stated that the home was not fit for living and believed the structure
should be demolished.
Financial Impact CDBG
Budget action required: NONE
State Equalized value: $5,500.00
Estimated cost to repair: $18, 000.00
Staff Recommendation: To concur with the Housing Board of Appeals.
City Commission Recommendation: The Commission will consider this item at
the meeting on May 22, 2001.
F:\lnspections\Everett\WORD\CC MEETINGS\AGENDA - 747 Emernld.doc page I of I
______ ... --
EASTERN AV
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TRRNSNATION TITLE INS MUSKEGON NO.521 P.3/19
NOV.19.2000 2:13PM
Fito'412!l09
TRANSNATION TlTLE INSURANCE COMPANY
TAXRliPORT
Aft'ecling land in Musk,igon County, Michigan
Described 11• follow•:
South½ of Lot!, Block 199, of the Revlied Plat of 1903 of the City of Muskegon,
according to the recorded Plat in Lib er 3 of Plau, Page 71, Muekegon Co1111ty Records
Permanent Property No.: 61-24-205-1911-0001-10
An eumination or Ule r=>rd! fbr tho period of fiftNn. ) can prior to the date hereof shOmi no Tues or Spacial
Improvcmant AHtssmorns unpaid, ,old. su~I to redemption or deeded, oxcopr u ,pc:clBcd ~low. n1k teport includes;
informlllllll\ oblliMd lloln 1h• .......i, in 1ho office oflho Tl1UUJ'Cn ofM••l'.tso• Co1111ty 1111d oflhe City ofMusk•s<>n
after said lhlTrw.,., in Ille lbnn of an """lm101
FAX/727-1 - 477 E APPLE - Phyllis Bartee, present address unknown
Robert A Tremain & Associates, Birmi--.-c
No one attende he meeting to represent this case. Mr. Gr · ski informed the
board that this ho as located 2 houses away from ""'.-cc Apple and is one of
three dangerous build1 · in a row on this street. stated that it was the staffs
recommendation to decla his building subs! ard, unsafe, a public nuisance and
to forward to the city commis · n for cone
Randy Mackie, Supported by Joh
recommendation and forward
was taken.
AYES: EXCUS ABSENT:
Greg Borgma Fred Nielse Clinton Todd
John Warn William Anders
Randy ckie
Jer
T
\'Gis_nt data' l:SSPECTIO:SS B..\U).,IA:S\Cathy'-HBA \IEETl:SGS\).,11:--/UTES 6-1-00.doc
\mrm.1the .-\~1l011
.!Ji '114-f'0J
F.\_X,"'22-l!U
U!17l4-6708
FAX/726-5181
Ceme1ery
23In24-6783
f A.',rnr
lJI 7H--ti708
f-\.\, "!0-5181
Cemettry
2.lt.'724-6783
F.--\.X/726-5617
Ch:U Sen-ice
231/724--6716
F A.'Xnl4--4405 OF APPEALS
Cltrk
231nl4--6705
FAX/724-4178
August 24, 2000
Comm. & Neigh.
Services
231/724-6717 Bonna Hoople
FAX/726-2501
760 Eugene
Engineering Muskegon MI 49442
l31n24--6707
FAX/727~904
Finance
Dear Property Owner:
231/714--6713
. F AX/724-6768
Subject: Dangerous Building Case #00-33-935 Jefferson, Muskegon MI.
Fire Dept.
lJl/714-6792
FAX/724-6985 FINDING OF FACTS & ORDER
Income Tu
lJl/724-6770 At the August 17, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed
FAX/724--6768 by the Board to GRANT Case #00-33 - 935 Jefferson, 30 days to complete all repairs. If
Info. Systems repairs are made and final inspections are completed within the agreed upon timetable (by
231/714--6744
FAX1721-4301
September 17, 2000) you will not have to come back to the Housing Board of Appeals. If
repairs are not complete and all appropriate inspections have not been scheduled, this case
Leisure Service
231/724-6704 will be heard before the Board again on October 5, 2000.
FAX/724-1196
Manager's Office If you have any questions, please call the Inspections Department at (231) 724-6715.
2J1n24-6724
FAX/721-1214
Sincerely,
1cW=-G. fil.
Mayor's Office
231/724--6701
FAX/721-1214
Inspection Services
131/724--6715 Robert Grabinski
FAX/716-1501
Fire Marshal/Inspection Services
Planning/Zoning
231/724-6701
FAX1724-6790
Police Dept.
231/714-6750
FAX/722-5140
Public Works
231/724-4100
FAX1712-4188
Treasurer
231/714--6720
FAX/72U768
Water Billing Oepl.
2J1n2u11a
FAX/72U768
Water FUtradon
l31nl4-4106
F AX/75S-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, l\11 49443-0536
Page 5 of 14
#00-33 - 935 JEFFERSON - Bonna Hoople, 760 Eugene, Muskegon, Ml.
Grabinski reminded the Board that they tabled this case for 30 days at the June,
2000 meeting to allow time for completion of repairs and/or sale of property.
There has been no change in ownership and no progress made on repairs.
Mrs. Hoople attended the meeting with her Real-estate Agent. The agent stated
that the property is still marketed for sale at $15,000.00. An interested buyer is
on vacation out of town right now and the Agent wasn't sure when she would talk
with him again. Ms. Hoople's daughter was speaking with the Agent regarding
renovating the building and renting it out. The agent and Mrs. Hoople requested
more time to come up with a buyer.
Some discussion took place regarding the proceedings if the Board moved to
condemn it would be forwarded to the city commission in 30 days.
Mr. Mayor made a motion, supported by John Warner, to table the case for 6
weeks to give time for a buyer of the property. The case will be reviewed at the
10/5/2000 meeting.
A roll call vote was taken:
AYES: NAYS: ABSENT: EXCUSED:
Greg Borgman Clint Todd Rev., William Anderson
John Warner
Fred Neilsen
Randy Mackie
Jerry Bever
The motion Carried.
Board member Clint Todd entered the meeting at 6:00 P.M.
-12 -1688 TERRACE ST. - Morray Vanderstelt-1459 Terr
Mus~IQ[l Ml.
Board that the ca.i.e"!mas tabled for 30 days at the
~~luule was submitted and repairs were to be
Mr. Vanderstelt nded the meeting an ted that he had all the materials in
the house. ed to have it done on 7/21/00 b,u.,-,d a tough time getting
financ or the materials. The house is secure an is cleaned up. He
sted 30 - 60 days to complete repairs.
F:\lnspections' Everett\Cathy\HBA MEETINGS\minutes - 8-17-00.doc
·. cfi1 !11.lt I e .-\,•tlon
;_1: - :-1. ·u-1
F \ \,"'l -1114 MUSKEGON
\;seH•ir
~_\l -:'24-----6708
F\X.716--5181
Cem'-'lef)'
231172-t..6783
FAxn26-S6l7 -~ ..... -.
Chil Stn1ce
231n2-t..6716
F AX/1244405 West MkhlBau's Sborellne Qty
Clerk
2Jtn2-t..670S
F AX/724-4178 CITY OF MUSKEGON
Comm. & Neigh.
Services NOTICE OF HEARING ON
231n24-6717
FA.X/726-2501 DANGEROUS AND UNSAFE CONDITIONS
Engineering
HOUSING BOARD OF APPEALS
231/124-6707
FAXnl7-fi904
Finance
231/124-6713
. F AX/724-6768 September 25, 2000
Fire Dept.
231n24--6792
FAX1724-6985
Bonna Hoople
Income Tu 760 Eugene
131/724-6770
F Axn24--67C8 Muskegon MI 49441
Info. Sy1tem1
2311124-6744 Dear Property Owner:
FAXn22-4301
Lehure Senice SUBJECT: Dangerous Building Case #00-33 - 935 Jefferson Ave., Muskegon MI
ll l /724--6 704
FAX/724-1196
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Manager'• Office
2311124--6724
of Muskegon will be held on Thursday. October 52 2000 at 5:30 P.M. in the Muskegon
FAX/722·1214 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
Mayor's Office determining whether the structure should be demolished or otherwise made safe.
231/124-6701
fA,X/722•1214
Officials from the Inspection Services Department have inspected the structure and it is
Impectlon Sen1ces alleged that it has defects as listed on the attached page(s).
2311124-6715
FAX/726-2501
Planning/Zoning
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
231/124-6702 dangerous buildings.
F Axn24-6790
Police Dept. At the hearing, the Inspection Services Department will present testimony regarding the
2J1/7l4-fi750
FAX/722•5140 alleged defects. You are advised that you or your representative may cross examine the
Public Work.I
City's witnesses and you may present testimony in your own behalf and call witnesses in
131/724--4100 your own behalf. We encourage you to attend the meeting since it is always better if
FAX/722-4188
someone is available to answer any questions the Board may have.
Treasurer
231/724-6720
F AX/724-6768 Inspection Services
City of Muskegon
Water Billing Dept.
231/114-6718
F AX/724--6768
Water F11tradon
2311124--4106
FAX/755--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Sl:~-cH-iUUU r KI I u: ,:'~ Hn KtnHX Ur nU:OKtliUN rHX NU, ,:'jl /jjUa41 r, u t
FAX COVER SHEET
Ro/Max of Muskegon Inc.
Laura Hammer
~. Rf/Mfl(
550 w. Nor1on ~ of Muskegon
Muskegon, Ml 49444 '1. lMepef'l
Offlcv locOUon
Re/Max of Muske on Inc.
Phan6 numtvr
231 • 733 -1236 ex 225
• Utgont • RoplyASAP
COMMENTS
New Hornes
Roofing. Siding • Remodeling
BSF CONSTRUCTION
Free Es\ima\es
Bren\ Follynewicz
licensed & Insured
Owner
TEL NU. UCt UL,UU l~•LV r,UL
l ltiNl'IN(;T()N IIANKS - l,AKf'ION Onin:
4J 'W LAM l(1N
MtlSK~G()tl. Ml 41::)-1'1 J
231-1.::-!;;-020::.•
FA.:,c 2J 1·7?C-tLM7
October 2, 2000
lloh (3rnbinsk,
()Q} 'J'crrncc St.
Musk"gon, Ml 41/440
Deur Bob:
This kllcr is rcgnrding l\onnk I lrn,pk who has rental properly in the ( 'ity of Muskegon. This l"'"pcny is
comrm:rcial property, ~h(~ hn~ n;:(:civ(:d n(l1.1cl'~ that ,1.;0111(: r(:p:11r.'i an~ Til~(:(:::.silry l.n the properly or ,,,;onw
action may he lake.n. We huvc appmve
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
935 JEFFERSON
RE-INSPECTION
2122/01
Inspection noted:
1. No progress in a couple of months.
2. Interior inspection required by the City of Muskegon's Trade Inspectors.
(Plumbing, Mechanical, Electrical and Building)
3. Exterior conditions deteriorating, exposed lath, siding.
4. Foundation in need of replacement.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
OWSKI, BUILDING INSPECTOR
F:\lnspections\Everett\WORD\STANDARD FORMS\DB INSPECTION REPORT FORM.doc
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: March 20, 200 I
Address of the Property: 935 Jefferson, Muskegon, Michigan
Description of the Structure: Northernly 44 1/ feet of Easterly 94 feet, Lot 8 Block 332
TO: Bonna Hoople, 760 Eugene, Muskegon MI 49441
(Name & Address of Owner]
None Known at this time
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, April 5, 20_J2L the City of Muskegon Housing
Board of Appeals will hold a hearing at 5:30 p.m, and at the said hearing consider whether or not
the following structure should be determined to be dangerous, substandard and a nuisance, and
demolished, or repaired.
The reason for this hearing is that you have not complied with the finding of facts issued
by the City of Muskegon Building Inspection Department on August 24, 2000.
At the hearing on Thursday, April 5, 2001, at 5:30 p.m., at the Muskegon City Hall, 933
Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause
why the strncture should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSING BOARD OF APPEALS
rabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVERETTIWORD\HBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: April 5, 200 I
To: Bonna Hoople, 760 Eugene, Muskegon MI 49441
Owners Name & Address
None known at this time
Name & Address of other interested parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, April 5, 2001, does hereby order that the following structure(s)
located at 935 Jefferson , Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence before the Board of Appeals, to be
dangerous, substandard and a public nuisance.
All structures located on the Northernly 44 ½ feet of the Easterly 94 feet of Lot 8, Block 332
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, ifit is made, by
the City Commission. Demolition shall be accomplished no later than 60 days after a
concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.
F:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director of Inspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission has
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
F:\INSPECTIONS\EVEREIBWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
HOUSING BOARD OF APPEALS
MEETING MINUTES
4/01/01
Greg Borgman, John Warner, Fred Nielsen
Jerry Bever and Nick Kroes, Clint Todd
ABSENT
STAFF: Robert Grabinski, Don L
Cathy Everett
GUESTS:
Meeting minutes: Jo arner ma motion, seconded by Randy Mackie to
to the April meetin . The motion carried.
Case# 00 -1651 Dyson, Marshal Redder, 60 30 th St., SW Grandville Ml
. Secretary, Robert B. Grabinski, asked Chairman to remove the
cas om the agenda due to progress being made. Ins tors will monitor the
e. The Board agreed.
Case# 00-33 - 935 Jefferson, Bonna Hoople, 760 Eugene, Muskegon Ml
49441. Ms. Hoople did attend the meeting. Mr. Grabinski informed the Board
that some pictures of the dwelling in this case are being presented by way of a
projector and are being shown on the wall of the Chambers. The pictures were
taken the morning of the meeting date. (4/5/01 ).
Staff History: Grabinski informed the board that the case was started in March of
2000. Mrs. Hoople pulled a permit in September and work did start on tl~e ,
property. The owner did get a loan. Once the structure work was going to be
started, the contractor found the structure was in very poor condition and in need
of replacement at the point that that happened it was in conjunctive with the
electrical service that was going out of the building. There has been no work
done since then. Pictures of the dwelling where displayed by projector. Mrs.
Hoople was asked to approach the Board at the podium.
Owner explanation: Ms. Hoople was in attendance and approached the podium.
She explained to the board that she hadn't been working on the project due to
her daughter being in the hospital. Ms. Hoople was apologizing for the work. Mr.
Grabinski reminded Ms. Hoople that the contractor is responsible for his own
work and that is why a permit is pulled. However, staff would like to be clear that
her contractor quit because of the foundation structure and the cost of it.
1113.\ \!tnutes-l 01
Ms. Hoople was explaining to the board that she wanted to fix the foundation.
Mr. Borgman said that his concern was the foundation. He asked how Ms.
Hoople was going to do this. He said if your foundation is bad, you can put all
the money you want into it but it won't pass inspection. The only way to fix it is to
remove it and put a whole new foundation in. Ms. Hoople stated again that she
had a contractor to do the work. Mr. Borgman disagreed and reminded Ms.
Hoople that the contractor told staff that he would no longer work on the project
because it was a lost cause. Ms. Hoople stated that the contractor never told her
that he was not continuing work and she has paid him money. Mr. Grabinski
stated that from staff's prospective p_art of the problem is that you were one of
two in the neighborhood that were brought before this board and the other one
that is next door to you is complete. We have received complaints from that
owner and from other businesses in the downtown area due to what they see
when they pull up.
Staff Recommendation: Due to the condition of the foundation, staff suggests
declaring the structure a dangerous building, unsafe, a ,public nuisance and
forward the case to the city commission for concurrence.
Discussion: Mr. Fred Nielsen asked Ms. Hoople if he heard her say that she had
a contractor that is interested in repairing the foundation. She said yes. Mr.
Nielsen asked if she has made appointments with him. Ms. Hoople replied that
he was supposed to call her. Grabinski reminded Board that with the board
declaring the structure a dangerous building, she still has 30 days for repairs to
be completed. If in the 30 days the repairs are not completed, the case will go
before the City Commission.
Motion: Randy Mackie, supported by John Warner, made a motion to declare
the structure at 935 Jefferson dangerous, substandard, unsafe, a public nuisance
and forward to the City Commission for Concurrence.
A Roll Call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
John Warner
Fred Nielsen
Randy Mackie
Clint Todd
Jerry Bever
Nick Kroes
The Motion Carried.
\
2 of8
DATE: May 3, 2001
TO: Honorable Mayor, City Commissioners
FROM: Inspection Services Department
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case#: 01-002 Address: 238
Strong, Muskegon Ml
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
238 Strong is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. It is further requested that administration be directed to
obtain bids for the demolition of the structure and that the Mayor and City Clerk
be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: 01-002 - 238 Strong, Muskegon Ml
Location and ownership: This one unit rental dwelling is located on Strong near
Fifth Street. The owner is Mortgage Corporation of America.
Staff Correspondence: A dangerous building inspection report dated 1/31/01.
Notice and Order to Repair or Remove a structure dated 2/15/01. Notice of
Hearing dated 3/20/01. Order to Demolish dated 4/10/01. HBA Minutes dated
4/1 /01. Fire Marshal entered structure through open back door. Noted structure
being used for drug & sexual activity.
Owner Contact: None
Financial Impact: CDBG
Budget action required: NONE
State Equalized value: $ 9, 900.00
Estimated cost to repair: 18, 000.00
Staff Recommendation: To concur with the Housing Board of Appeals.
City Commission Recommendation: The Commission will consider this item at
the meeting on May 22, 2001.
F:\Inspections\Everett\ WORD\CC M EE'l'INGS\AGEN!)A - 238 Strong.doc page I of 1
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~arbor Title
955 West Broadway
Muskegon,MI49441
Title Search
Case No.: 100119334
February 2, 2001
I. Beginning Date: 10/31/97, at 8:00 A.M.
Please See Attached Liber 2034, Page 951, Muskegon County Records, for Legal Description:
2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
1/17/2001, at 8:00 A.M.
Documents
Deeds: Miscellaneous: Mortgages:
Liber 2034, Page 951 Liber 2194, Page 289 NONE
Taxes: .
Proof of payment of special assessment for Sidewalk, due
and payable in the amount of$927.50. (Estimated Payoff).
Proof of payment of the Invoice Charges due and payable
to the City of Muskegon in the amount of$781.65.*SEE
ATTACHED LIST OF CHARGES.
Payment of the 1998 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $1,007.71, if paid by February 28, 2001.
Payment of the 1999 delinquent taxes, due and
payable to the Muskegon County Treasurer in the
amount of $678.81, if paid by February 28, 2001.
Payment of the 2000 Winter taxes, due and payable to the
City of Muskegon Treasurer in the amount of$580.78, if
paid by February 14, 2001. (Base amount Winter taxes -
$487.99**)
Note:
No 2000 Summer taxes were assessed.
Permanent Parcel No.: 61-24-205-391-0011-10.
2000 State Equalized Value: $9,900.00.
2000 Taxable Value: $9,006.00.
Non-Homestead Property.
**NOTE: A Delinquent Water/Sewer Usage Bill in the
amount of$92.79 was included in the 2000 Winter tax bill.
3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
238 STRONG
1/31/01
Inspection Noted:
1. Foundation wall has cracked mortar joints.
2. Siding on home is rotting and/or missing.
3. Broken out windows.
4. Home is open and not secured.
5. Vents and screens are falling off of structure.
6. Home is in need of protective covering on exterior; paint is peeling off of
home.
7. Garage roof is in need of structural repair. Sheathing and roof covering is
failing.
8. Siding on garage is rotting.
9. Garage doors are in need of replacement and/or repair.
10. Graffiti is on the garage.
11. Interior inspection is required this is to be done by the City trade inspectors
for plumbing, mechanical, electrical and building please call to schedule.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
CITY OF i\lUSKEGO:\'
NOTICE A:\'D ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE
DATE: 2/l5/0l
Address of the Property: 238 Strong, Muskegon, Michigan
Description of the Structure: The East½ of Lot l l, Block 39l
TO: Mortgage Coi:poration of America, A Michigan Coi:poration, 23999 Northwestern Hwy,
102, Southfield Ml 48075
[Name & Address of Owner]
None known at this time.
[Names of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has detennined that the
structures above described are dangerous, substandard, and constitute a nuisance in violation of
the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the demolition
and removal of the said structure unless you accomplish the actions indicated below within the
time limits indicated (only one to be checked):
I. X Obtain the issuance of all pennits required to accomplish the repair of the
structure defects listed in the attached schedule within 30 days of this
notice. All repairs shall be accomplished within the times set forth in the
pennits. All work must be physically commenced within 30 days of the
date of this notice.
2. Obtain the issuance of the appropriate pennit for the demolition of
structures within 30 days, and accomplish the demolition ther_eof within
60 days of this notice. -
The conditions which cause the said strnctures to be dangerous, substandard and a nuisance are listed.in
the attached schedule.
F:\lnspections\Everett\WORD\STANDARD FORMS\Inspections Department Notice and
Order.doc
Pagel of3
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be
scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and
order and instituting City action to remove the structure. You will receive notice of that hearing. You may
appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered
demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 238 Strong Ave. , Muskegon, Michigan, and
cause said structure to be a dangerous or substandard building and a public nuisance.
Please see the attached inspection report
CITY OF MUSKEGON INSPECTION DEPARTMENT
By_ _...!.._~~~~.,,.:!,"'-AtAl.:)X..%,<~i«::,~•:___
Robert B Grabinski, Fire Marshal
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
NOTICE OF HEARING
Date: March 20, 2001
Address of the Property: 238 Strong, Muskegon, Michigan
Description of the Structure: E ½ Lot 11 Blk 391
TO: Mortgage Corp of America, 23999 Northwestern HWY 102, Southfield MI, 48075
(Name & Address of Owner]
None Known at this time
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, April 5, 20__Ql_, the.City of Muskegon Housing
Board of Appeals will hold a hearing at 5 :30 p.m, and at the said hearing consider whether or not
the following structure should be dete1mined to be dangerous, substandard and a nuisance, and
demolished, or repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on March 1, 2001.
At the hearing on Thursday, April 5, 2001, at 5:30 p.m., at the Muskegon City Hall, 933
Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the
Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause
why the structure should not be allowed or ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
ON BEHALF OF THE HOUSING BOARD OF APPEALS
Grabinski, Fire Marshal/Inspection Services
F:IINSPECTIONSIEVERETT\WORDIHBA MEETINGSISTANDARO FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: April l 0, 200 I
To: Mortgage Corp of America, 23999 Northwestern HWY 102, Southfield MI,
48075
Owners Name & Address
None Known at this time
Name & Address of other_interested parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and noticed
meeting held on Thursday, April 5, 20..Ql, does hereby order that the following structure(s)
located at 238 Strong, Muskegon, Michigan, shall be demolished for the reason that the said
structure or structures are found, based upon the evidence befi:,re the Board of Appeals, to be
dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, ifit is made, by
the City Commission. Demolition shall be accomplished no later than 60 days after a
concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City Commission
this order and the record in this case to seek concurrence by the City Commission with the
decision of this board, and further to give notice to the owner and interested parties of the date
and time when this matter shall be considered by the City Commission. This order is not final
until concurred with by the City Commission.
F:\INSPECTIONS\EVERETnWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented to
the City Commission of the City of Muskegon on the date and at a time to be noticed to you by
the Director oflnspections. You are hereby notified that you will have an opportunity to appear
before the said City Commission at that time and to present any and all evidence or matters
relevant to the issue of demolition or repair of.the said structures. This order of the Housing
Board of Appeals is not final, but will become final if and when the City Commission has
considered the record and this order, and has concurred.
The City Commission may concur with this order, or disapprove or modify the order.
FO T H E ~
Robert . Grabinski, Fire Marshal/Inspections Dept
F:\INSPECTIONS\EVEREIBWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
HB ..\ ~linutes 4,01
NAYES: EXCUSED:
( eg Borgman
Jo Warner
Fre ielsen
Randy ackie
Clint To
Jerry Beve
Nick Kroes
The Motion Carri
Case# 00-98 - 391 hard - Hilda Robinson, 22 Fifth Street, Muskegon
Ml 49444
History: In November of 20 the dangerous 1lding process had begun. The
City boarded the property due the door be· g kicked in. Grabinski displayed
pictures of the property that we taken on uesday, April 3, 2001. Owner has
not contacted staff and was not in ttend ce.
Staff recommendation: To declare t ilding substandard, unsafe, a public
nuisance and forward to the city co mi ·on for concurrence.
Motion: John Warner, support
( building substandard, unsafe
commission for concurrenc
AYES: EXCUSED: ABSENT:
Greg Borgman
John Warner
Fred Nielsen
Randy Mac e
Clint Tod
Jerry B er
Nick
Case # 01-002 - 238 Strong, Mortgage Corp of America, 23999, Northwester
HWY 102, Southfield Ml 48075
History: Became a dangerous building 1/31/01. A notice and order was sent on
2/15/01. Mortgage Corp of America is Bankrupt. No permits were applied for
and no contact from the owner. Grabinski displayed pictures of the property
taken on 4/3/01. Property is full of trash, home is opened. Interior had evidence
7 of8
HBA Minutes 4/0 I
of attempted arson. The owner or representative of the property did not attend
the meeting.
Staff Recommendation: To declare the structure unsafe, substandard, a public
nuisance and forward the case to the City Commission for concurrence.
Motion: Fred Nielsen, supported by Randy Mackie, made a motion to declare the
structure unsafe, substandard, a public nuisance and forward the case to the city
commission for concurrence.
A Roll Call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
John Warner
Fred Nielsen
Randy Mackie
Clint Todd
Jerry Bever
Nick Kroes
The Motion Carried.
(
8 of8
Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Engineering
RE: TEDF Category F-Grant Applications
SUMMARY OF REQUEST:
Your permission to submit TEDF Category F Grant applications for following projects is
respectfully requested:
1. Milling & Resurfacing as well as Curb/Gutter replacement on Southern Ave. from
Seaway to Division. Estimated cost is $255,000
2. Milling & Resurfacing of Sherman Blvd. from Lincoln to Beach Street. Estimated
cost is $510,000.
3. Milling/Resurfacing as well as curb repairs on Hackley Ave. from Seaway to
Hudson. Estimated cost is $264,000.
4. Milling & Resurfacing as well as curb/gutter repairs on Division from Southern to
Western Ave. Estimated cost is $264,000.
5. Black Creek Road Milling and resurfacing from Sherman to Latimer. Estimated cost
is $350,000
6. Laketon Ave. from Peck to Park, Milling & Resurfacing. Estimated cost is $550,000
FINANCIAL IMPACT:
The grant applications would request a 50% participation from TEDF with the other 50%
percent plus engineering from the Major Street.
BUDGET ACTION REQUIRED:
None at this time. However, should any of the projects get approval, we would have to
include it in the 2002 Capital Improvement Budget.
STAFF RECOMMENDATION:
Approve the submittal of the grant applications.
COMMITTEE RECOMMENDATION:
Resolution No. 2001-59( c)
MUSKEGON CITY COMM ISSION
RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN
TRANSPORTATION AND ECO NOM IC DEVELOPMENT CORPORATION
WHEREAS, the Michigan Department of Transportation has m ade available
grant funding for the roadway projects deemed necessary to advance
economic development projects; and
WHEREAS, the City of Muskegon desires to continue the improvements of it
major street system; and
WHEREAS, pre I iminary cost estimates associated with each project have
been identified,
NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to sub mit
applications to the Michigan Departm ent of Transportation - Transportation
and Economic Development Corporation in various amounts to be matched
with local resources.
Resolved this 22nd day of May, 2001.
Ayes: Aslakson, Benedict, Nielsen, Schweifl er, Shepherd,
Sieradzki, Spataro
Nays: None
Abstentions: None
Lo. ~~r
By ___
Gail A. Kundinger, City Cl e k
2001-59(c)
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on May
22, 2001. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Date: May 15, 2001
To: Honorable Mayor and City Commission
From: Water Filtration Plant
RE: High Service Pump #2 Rebuild - additional repairs
SUMMARY OF REQUEST:
To authorize necessary additional repairs to High Service Pump #2.
FINANCIAL IMPACT:
Repair costs of $11,724.99 1n addition to the original agreement of
$20,100.00.
BUDGET ACTION REQUIRED:
This is an unplanned expense and will require an internal budget
transfer from another line item.
STAFF RECOMMENDATION:
To authorize the contractor to perform the additional repairs in
conjunction to the original rebuild project at a cost of $11,724.99.
MEMORANDUM
5/16/01
TO: R. KUHN, DPW
FROM: R. VENEKLASEN, WFP
RE: HIGH SERVICE PUMP #2 - 12 MILLION GALLON
PER DAY (12 MGD)
BACKGROUND
High seNice pump #2 was removed for repair by our contractor, Peerless-Midwest, Inc.,
because it was not rotating freely. We received a repair cost estimate from Peerless
based on their experience with two previous pump rebuilds, including cost increases.
The original repair information from the April 10, 2001 City Commission Agenda is
attached.
ADDITIONAL REPAIRS
Upon removal of the pump it was evident there was significant corrosion on the pump
column. Peerless disassembled the pump and found a number of items that required
repair. The two major items are the replacement of an impeller, the welding repair, sand
blasting and protective coating of the pump column. Additionally shaft sections, shaft
sleeves and bearings must be replaced. Included are representative photographs of the
impeller, pump sleeves and pitting on the pump column. Also included is the cost
estimate for the aforementioned, additional, repairs.
WATER DEMAND
The Filtration Plant is beginning to experience an increase in water demand with the
coming of warmer weather. High SeNice Pump #2 is heavily relied upon to meet the
peak water demand during the summer months.
NOTICE TO PROCEED
The unexpected events and unexpected conditions are unfortunate; none-the-less it is
imperative that this pump be repaired. It is expected these necessary repairs will require
more than six weeks to complete. Due to this situation Peerless-Midwest has been
authorized to proceed with the necessary repairs and expedite the repair process at a
cost of $11,724.99.
May-14-01 02:09P Peerless Midwest Incionia 1 P. 01
FAX TRANSMISSION
PEERLllSS-MIDWEST, INC.
505 Af'PLE~EE DR.
/ONIA, MICHIOAH 48940
616 5270050
fCAX, 616 5275506
To: Robert Veneklasen Date: May 14, 2001
Fax#: l-2317555290 Pages: 3, including this cover sheet.
From: Geny Burrows
Subjed: City of Muskegon HS Pump #2
COMMENTS:
Please find the attached pricing sheets for actual parts per the shop tear down list.
Pricing is divided into major and nonnal pump parts. The two big ticket items in
this list is the impeller and the welding and epoxy coating of the column pipe.
Regan:ling the impeller -- Surprising to me l - cost of a new impeller was actually
cheaper than repair of the old unit. We have double checlced and factory verified
pricing again this am. I expected the impeller to be double this price or more based
on pricing of other 26" enclosed impellers.
Column pipe 18" - pricing is to sand blast to near white & Printer and epoity coat to 5 mils
as per pump standards.
I'm advised 6 weeks deliveiy on the impeller, 4 weeks on all other parts and services.
Note: when you factor out the machine shop labor the$ 6478.64 reduces to$ 5701.74
Which is S 1606.94 over 1995 pricing before 13.25% wholesale price increases.
We have a order on hold for the listed parts pending any changes or questions you may
have. Please advise your wishes.
Thanks.
MAY-14-2001 14•23 1 P.01
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12 '(10') .... , -·•fl
11 !(9,7112') ,tcel llaubalt ( 211/16"
( 2 ll/16" )
13 (5') (minleu) steel haul! •o-t.1e wt. sletve ( )
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14 (10~ (staillloH) steel llnesllaft complete "1. si...e ( )
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$371.25
$371.lS
5371~5 .;
fll N 15 Machine shop work on sladting 1 5351.00 5351,00
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17 S1almlen ,tttl shaft slinea for ( 2 11116" ) sb• ft
IS Stl orNeoprc• ti-ft bearlnp for (
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$147.15 !
$357.75
$441-4!
$715.5&
) ( ) I $591.J0 $591.JI
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ll. 24 S' Tope.- pipe 460HS ENGAlll)COATED
25 10' flllermdlm rolom1 pipe 460 BS ENCARI> COATED
ll. 26 5' Bollom eolunm plpc 4'0 HS ENGARD COATED
Cl ' 27
0 ~- '' Gall for Column
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31 N.,.. Stlgt Bewtuoc.......,GPM ®TDD
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MEMORANDUM
4/2/01
' TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: HIGH SERVICE PUMP #2 -
12 MILLION GALLON PER DAY (12 MGD)
The High Service Pumps; 2-6 MGD and 2-12 MGD, in the 1972 Pumphouse
are the primary pumps used to move water into the distribution system and
elevated storage tanks.
The upper bearing oil on High Service pump #4 (6 MGD) started to show
discoloration (blackened). Kevin Herbert, Chief Operator, had the oil tested
by Chevron (oil mfg.). The test results showed high iron content. Additionally
this pump started to show elevated vibration levels. While waiting for the oil
test results the pump was balanced & the oil flushed and changed.
Kevin began researching what would cause the iron content in the oil.
Indications were that it wasn't a bearing problem (no chromium or nickel) so
he asked Hall/Jones Elec. to look further into the problem & re-check the
balance. This revealed that the bearings were rotating in the casting
(unacceptable) and causing the iron particle~. Subsequently, the shaft hub
has been machined to specs. and the bearings replaced.
The remaining three pumps were examined for the same condition. None
displayed signs of this condition but Pump #2 (12 MGD) did not rotate freely
like the other pumps.
Kevin contacted Peerless-Midwest and asked them to take a look at this and
make recommendation. Peerless adjusted the shaft throw and everything
else they could think would relieve the condition; only to loosen the binding
slightly (the other pumps can be rotated by hand - this one cannot). They
spent over three hours working on the pump, not including travel from Ionia at
no charge to us.
We have taken pump #2 out of service but have not "locked" it out. This
allows the Plant Operator to use it only if absolutely necessary until such time
as it can be repaired.
You may recall that Peerless-Midwest rebuilt High Service pumps #1 & 3 in
late 1995 and early 1996. We were quite pleased with their performance.
Subsequent to that work, they recently rebuilt the booster pump #2 located at
the Keating St. station.
We solicited a cost for a re-build of pump #2 from Peerless Midwest because
we are approaching the summer season and a repair of this sort may take as
much as 6 to 8 weeks. This time frame is further compounded by spring
weight restrictions on the roadways.
The pricing estimate submitted by Peerless-Midwest, Inc. to perform a pump
rebuild similar to that performed in 1996 is $20,100.00. This is an unplanned,
but necessary, expenditure that will require a budget transfer.
'
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Pridng Estimate 505 Apple Tree Dr.
CJlro'Ni I & Ionia, Mlchlpn 41846
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NI hip ..... flUlllp ,I plMe oa llot bed semi truck-Ullit ID I... lna1Spartecl to M..,,_,.. lhop b ..,.lfll,,,_+, 1 P.rolt I par1I lot.
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llpaa 1t 1&.n.,....s-,,plaSIILSetupC:-llllllnoetp11mpand-•
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R"R--03-2001 12:02 1 P,03
Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Tony Kleibecker, Chief of Police
RE: False Information Ordinance - Section 12-1
SUMMARY OF REQUEST: To amend Section 12-1 of the Code of
Ordinances concerning obedience to signs and official instructions
regarding use of public areas; following directions of police officers;
obstructing, resisting or opposing police officers; giving identification.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Adoption of the Ordinance.
lnwoffimof I PARMENTER O'TOOLE
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fox 231.722.7866 or 728.2206
April 16, 200 I
Tony Kleibecker, Chief of Police
Muskegon Police Department
PO Box 536
Muskegon,MI 49443-0536 APR 1 S 2001
Re: False Information Ordinance, Section 12-l(b)
Dear Tony:
I am attaching a proposed amended section (b) which I believe will satisfy our concerns about
the use of that section by police officers who may have interpreted it to allow the arrest of
persons solely because they failed to give their names and other identifying information during,
for instance, a Terry stop or other questioning where there is no probable cause or reasonable
belief that the defendant has committed a crime. A good review of the law on the subject is
found in a Western District opinion by Judge Quist in Risbridger v Connelly, 122 F.Supp.2d 857.
This was an East Lansing case where a police officer who had made a valid Terry stop, but had
no further probable cause to arrest the defendant, was being sued along with East Lansing and
others for violation of the plaintiff's Fourth Amendment rights together with other constitutional
rights, state and federal. The officer had arrested the defendant after a valid Terry stop, solely
because he refused to give his name. The case contains a pretty good review of all the case law
in this area.
Please look this over and tell me whether we should go ahead and start the ball rolling before the
city commission to make a change.
lly, is there any reason to look at a new disorderly ordinance? We briefly mentioned
did not pursue.
~~
. h mas Johnson
.' 1
e Dial: 231/722-5400
,l;l- ii: gtj@parmenterlaw.com
GTJ:mmf
Attachment
c: Bryon Mazade (w/attachment)
G. Thomas Johnson John C. Schrier Keith L McEvoy OJC01111sel Reliret! Paul T. Sorenson, 1920.1966
George D. ~pn Epps Christopher L Kelly Anno K. Urick ThomosJ. O'Toole Robert L. Forsythe George A Parmenter, 1903-1993
John M. Briggs, Ill Undo S. Koore Scott R. Sewick EricJ. Fouri Arthur M. Rude Cyrus M. Poppen, 1903-1996
Michael L Rolf Philip M. Stoffan Jennifer L Hyllond Harold M. Street, 1912-2000
George W. Johnson William J. Meier Jeffery A Jacobson
W. Brad Groom James R. Scheuerle
G;\COMMO N\5\glj\C041601.doc
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2046
An ordinance to amend Section 12-1 of the Code of Ordinances concerning obedience to
signs and official instructions regarding use of public areas; following directions of police
officers; obstructing, resisting or opposing police officers; giving identification.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Subsection (b) of Section 12-1 of the Code of Ordinances is amended to read as follows:
Sec. 12-1. Obedience to signs and official instructions regarding use of public areas;
following directions of police officers; obstructing, resisting or opposing police officers;
giving identification.
(b) Where there is probable cause to arrest a person for the commission of a
crime or reasonable basis to stop a person to issue him or her a civil infraction citation,
the person shall not fail to give true information of their identity and identifying
information, including, but not limited to, their full name, address, and date of birth, to a
police officer, peace officer, sheriff or deputy sheriff, or person acting with and having
police officer powers, who is lawfully exercising police or peace officer powers, upon the
lawful request or demand of such officer or authorized person. No person shall give false
or misleading identifying information in response to such request or demand.
In all other respects 12-1 of the city ordinances shall remain in full force and effect.
This ordinance adopted:
Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
Adoption Date: May 22, 2001
Effective Date: June 10, 2001
c~false info ord final
First Reading: May 22, 2001
Second Reading: N~/A-'-----
CITY OF ~SKEGON . I '
By, L _a. ~.kcr--
Gail A. Kundinger
City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon
County, Michigan, does hereby certify that the foregoing is a true and complete copy of an
ordinance adopted by the Ci;?' Commission of the City of Muskegon, at a regular meeting of the
City Commission on the 22n day of May, 2001, which 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. ~ _/ _
Dated: May 29, 2001 ~ SJ. ~3~
Ga1l A. Kundinger, CMC/AAE
Clerk, City of Muskegon
c-false info ord final
CITY OF MUSKEGON
NOTICE OF ADOPTION
TO: ALL INTERESTED PARTIES:
Please take notice that on May 22, 2001 the City Commission for the City of Muskegon
adopted an amendment to the Ordinance that prohibits the giving of false information to police or
peace officers lawfully acting in their police capacity.
The amendment is to Ordinance 12-1 (b ), and consists only of additional language
specifying the circumstances under which a police officer has the power to demand information
from a person, those being when there is probable cause to arrest or when a civil infraction is
committed.
In all other respects the ordinance, section 12-1 of the City Code of ordinances, remains
in full force and effect.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of
the City Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular
business hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: May 31, 2001 By _ _ _ _ _ _ _~ ~ - - - - -
Gail A. Kundinger, City Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
C:\WINDOWS\TEMP\FALSE INFO ORD NOA.DOC
Commission Meeting Date: May 22, 2001
Date: May 22, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning request for property located between Nelson Ave
and Harbortowne Circle, south of Ohio.
SUMMARY OF REQUEST:
Request to rezone property located in Block 761 from R-1, Single-Family Residential to
LR, Lakefront Recreation.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request due to the approval of a special use permit
that limits the height and scope of the residential development.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the rezoning. Members present:
Coleman (yes); Nielsen (no); Aslakson (yes); Mazade (yes); Sartorious (no); Veltkamp
(yes).
5/22/2001
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 204 7
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from R-1 "Single-Family Residential," to LR "Lakefront Recreation"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from R-1 "Single-Family Residential", to LR "Lakefront Recreation":
LOTS 1-3 AND LOTS 15-25 OF BLOCK 761 OF THE REVISED PLAT OF 1903 OF THE CITY
OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN .
This ordinance adopted:
Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nayes:._No_n_e_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date: May 22, 2001
Effective Date: June 10, 2001
First Reading: May 22, 2001
Second Reading:_~N/_A_ _ _ _ _ _ _ _ __
5/16/01
CERTIFICATE (Blk 761 rez.oning from R-1 to LR)
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 22nd day of
May, 2001, 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: May 29 , 2001. L
Gail Kundinger, cMC/AAE
,;._ ,
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
5/16/01
City of Muskegon
Planning Comnission ~E
Cases #2001-14 through #2001-17 s
\~~
VY.,\ .
Y~-> _,,,,
OSR
\
\
LR
* = Subject Properties
~
/_=Subject Alleys
, , Subject Streets
LR
0 = Notice Area
"'10
"'C:s- OSR
"'-" R-1 = Single-Family Residential
LR = Lakefront Recreation
OSR = Open Space Recreation
OSR
LR
\
OSR
Lake R-1
Michigan
\
I I
/JJkeMchigan
500 0 500 1000 Feet
Staff report excerpt
BACKGROUND
Case 2001-17: Request to rezone property located in Block 761 (on Dewey St. and
Nelson St.) from R-1, Single-Family Residential to LR, Lakefront Recreation, by John
Darien.
STAFF OBSERVATIONS
I. The property is currently zoned single family residential, R-1. Lakefront Recreation
permits residential development with a special use permit, but it also permits several
other uses that would not be well-suited for this site (e.g., restaurants, cocktail
lounges, hotels). A condition of the special use permit case (following) should be to
only permit the proposed residential development presented with minor site plan
changes.
2. The Harbortowne development, immediately east of this site, is currently zoned LR.
3. At some point in the future, if this land were not developed, the city could be
petitioned to dissolve the Special Use Permit in which case the underlying LR zoning
remams.
4. The parcel is just over three acres (with all vacations). Under present zoning, without
all the vacations, approximately 14 homes could be developed on this land.
5. There is no restriction on density in the LR zone, but height is limited to four stories.
Again, the special use permit could limit the scope (i.e. height) of the structures.
6. The Future Land Use Map shows the subject property to be single family residential
immediately adjacent to PUD/residential.
7. The Master Plan recommends for this sub-area:
... "it is the goal of the Master Plan to maintain the quality and character ofsubarea
8, while permitting select (and highly restricted) residential and commercial
enhancements consistent with the range of subarea uses. 11
ORDINANCE EXCERPTS
ARTICLE IV - RONE FAMILY RESIDENTIAL DISTRICTS
Preamble
These districts are designed to be composed of low density residential development. The regulations are
intended to stabilize, protect, and encourage the residential character of the district and prohibit activities
not compatible with a residential neighborhood. Development is limited to single family dwellings and
such other uses as schools, parks, churches, and certain public facilities which serve residents of the
district. It is the intent of these districts to recognize that the City of Muskegon has been developed and
platted with some Jots that are smaller than those found in recently urbanized communities, and the
standards in Section 2100 reflect residential development standards that the citizens of Muskegon find to be
compatible.
SECTION 400: PRINCIPAL USES PERMITTED
In R, One Family Residential, Districts no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one or more of the following specified uses, unless otherwise
provided in this Ordinance;
1. One Family detached dwellings.
2. Home occupation ofa non-industrial nature may be permitted subject to the following:
a. Only members of the immediate family residing on the premises may be
employed.
b. There shall be no exterior display or signage other than that signage allowed for
home occupations under the sign requirements of this ordinance. [amended
1l/00]
c. No stock in trade shall be kept, or commodities sold, except as incidental to
services rendered.
d. The primary function of the premises shall be that of the residence of the family,
and the occupation shall not exceed twenty-five (25) percent of any one (l) floor
of the principal building.
e. There shall be no outside storage or processing. All activity must be conducted
within a preexisting structure.
f. Activities specifically prohibited include repair or service of motor vehicles and
other large equipment; service or manufacturing processes which would
nonnally require industrial zoning; any activity which may become a nuisance
due to noise, unsightliness or odor; and any activity which may affect
surrounding property.
g. No more than two (2) customer vehicles for the occupation shall be parked at the
premises at any one time on a frequent continuing basis.
h. No activity legally excluded by any deed restriction or other tenant or owner
restrictions shall be permitted.
3. Congregate living facility for not more than two persons, provided that such facility shall
be at least one thousand five hundred (1,500) feet from any other similar facility.
4. Accessory buildings and accessory uses customarily incidental to any of the above
Principal Uses Permitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 40 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview
of Section 2332 after review and approval of the use (and a site plan, if required) by the Planning
Commission, after Public Hearing, subject to the applicable conditions, and any other reasonable conditions
imposed by the Planning Commission:
I. Private recreational areas, and institutional recreational centers when not operated for
profit, and nonprofit swimming pool clubs, all subject to the following conditions:
a. In those instances where the proposed site is not to be situated on a lot or lots of
record, the proposed site shall have one property line abutting a major
thoroughfare and the site shall be so planned as to provide ingress and egress
directly onto said major thoroughfare.
b. Front, side, and, rear yards shall be at least fifty (50) feet wide, except on those
sides adjacent to nonresidential districts, and shall be landscaped in trees,
shrubs, grass, and terrace areas. All such landscaping shall be maintained in a
healthy condition. There shall be no parking or structures permitted in these
yards, except for required entrance drives and those walls and/or fences used to
obscure the use from abutting residential districts.
c. Buildings erected on the premises shall not exceed one (1) story or fourteen (14)
feet in height.
d. Whenever a swimming pool is constructed under this Ordinance, said pool area
shall be provided with a protective fence six (6) feet in height, and entry shall be
protected by means of a controlled gate or turnstile.
e. Off-street parking shall be provided so as to accommodate at least one fourth
(1/4) of the member family and/or individual members. Bylaws of the
organization shall be provided to the Planning Commission in order to establish
the membership involved in computing parking requirements.
f. The off-street parking and general site layout and its relationship to all adjacent
lot lines shall be reviewed by the Planning Commission who may impose
reasonable restrictions or requirements so as to insure that contiguous residential
areas will be adequately protected.
2. Colleges, universities, and other such institutions of higher learning, public and private,
offering courses in general, technical, or religious education not operated for profit, all
subject to the following conditions:
a. Any use permitted herein shall be developed only on sites of at least five (5)
acres in area.
b. All ingress to and egress from said site shall be directly onto a major
thoroughfare.
c. No building other than a structure for residential purposes shall be closer than
seventy-five (75) feet to any property line.
3. Churches and other facilities normally incidental thereto subject to the following
conditions:
a. The site shall be so located as to provide for ingress and egress from said site
directly onto a major or secondary thoroughfare.
b. The principal buildings on the site shall be set back from abutting properties
zoned for residential use not less than thirty (30) feet.
c. Buildings of greater than the maximum height allowed in Section 2100, may be
allowed provided front, side, and rear yards are increased above the minimum
requirements by one (I) foot for each foot of building that exceeds the
maximum height allowed.
4. Elementary, intermediate, and/or secondary schools offering courses in general
education, provided such uses are set back thirty (30) feet from any lot in a residential
zone.
5. Cemeteries.
6. Previously existing or established commercial uses not already converted to a residential
use may be authorized under Special Use Permit for the following [amended 12/99]:
a. Retail and/or service establishments meeting the intent of the neighborhood Limited
Business Zone (B-1) dealing directly with consumers including:
I) Any generally recognized retail business which supplies new commodities on
the premises for persons residing in adjacent residential areas such as:
groceries, meats, dairy products, baked goods or other foods, drugs, d1ygoods,
and notions or hardware.
2) Any personal service establishment which performs services on the premises for
persons residing in adjacent residential areas, such as: shoe repair, drop-off dry
cleaning shops, tailor shops, beauty parlors, barber shops, dressmaker, tailor,
pharmacist, or an establishment doing radio, television, or home appliance
repair, and similar establishments that require a retail character no more
objectionable than the aforementioned, subject to the provision that no more
than five (5) persons shall be employed at any time in the sale, repair, or other
processing of goods.
3) Professional offices of doctors, lawyers, dentists, chiropractors, osteopaths,
architects, engineers, accountants, and similar or allied professions.
4) Restaurants, or other places serving food, except drive-in or drive-through
restaurants.
b. Prohibited uses: Activities specifically prohibited include repair or service of motor
vehicles and other large equipment; uses serving or selling alcohol, manufacturing
processes which would normally require industrial zoning; any activity which may
become a nuisance due to noise, unsightliness or odor; and any activity which may
adversely affect surrounding property.
c. Conditions:
I) Outdoor storage is prohibited.
2) The area devoted to approved uses shall not exceed 2,500 square feet.
3) All goods produced on the premises shall be sold at retail on the
premises where produced.
4) All business, servicing, or processing shall be conducted within a
completely enclosed building, or in an area specifically approved by the
Planning Commission.
5) Parking shall be accommodated on site or with limited street parking.
6) Hours of operation may be limited by the Planning Commission.
7) Signs must comply with those set forth for the residential zoning
district.
7. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
8. Uses similar to the above Special Land Uses Permitted.
9. Restricted parking areas subject to provisions of Section 2327.1.
LR Lakefront Recreation
ARTICLE XIII - LR LAKEFRONT RECREATION DISTRICTS
PREAMBLE
The primary intent of the LR Lakefront Recreation District is to provide for areas abutting Muskegon
Lake including Muskegon River and Lake Michigan to be utilized for both public and private
recreational and recreation oriented facilities. It is intended that any commercial facilities be limited to
water related recreation activities.
SECTION 1800: PRINCIPAL USED PERMITTED
In the LR Lakefront Recreation District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
provided in this Ordinance.
I. Marinas for the berthing and servicing of boats, but without major repair or storage facilities.
2. Restaurants and cocktail lounges.
3. Hotels and motels.
4. Accessory buildings and accessory uses customarily incidental to the above Principal Uses
Permitted.
5. Uses similar to the above Principal Uses Permitted.
SECTION 180 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview
of Section 2332 after review and approval of the use (and a site plan, if required) by the Planning
Commission, after Public Hearing, subject to the applicable conditions, and any other reasonable conditions
imposed by the Planning Commission:
I. Residential development projects.
2. Private clubs, lodge halls, social, or recreational uses.
3. Accessory buildings and accessory uses customarily incidental to the above Special Land Use
Permitted.
4. Seasonal, recreational, camper and trailer parks, and facilities.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 1802: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural guidelines of
Section 2101. The intent of Planned Unit Developments in the LR Lakefront Recreation Districts is to
allow mixed land uses, which are compatible to each other, while prohibiting nonresidential uses which
would not be compatible or hmmonious with lakefront recreation activities, or residential dwellings.
SECTION 1803: AREA AND BULK REQUIREMENTS [amended 4/00)
I. Minimum lot size: 21,780 sq. feet.
2. Dedicated open space requirement: 15%
3. Maximum lot coverage:
Buildings: 60 %
Pavement: 15 %
4. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured from
setback).
5. Maximum building width: 50% (as a portion of the lot width).
6. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3) times
longer its width.
7. Height limit: 4 stories or 60 feet.
Height measurement: In the case of a principal building, the vertical distance measured from the
average fmished grade to the highest point of the roof surface where the building line abuts the
front yard, except as follows: to the deck line of mansard roofs, and the average height between
eaves and the ridge of gable, hip, and gambrel roofs (see Figure 2-2). If the ground is not entirely
level, the grade shall be determined by averaging the elevation of the ground for each face of the
building (see Figure 2-4).
8. Front Setbacks:
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: IO feet
9. Rear setback: IO feet
10. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
11. Side setbacks:
I -story: 8 feet and 12 feet
2-story: IO feet and 14 feet
3-story: 12 feet and 16 feet
4-story: 16 feet and 20 feet
Note, setback measurement: The required front yard shall be measured from the right-of-way line
to the nearest foundation or building wall of the building or structure. The required rear yard shall
be measured from the property line to the nearest foundation or building wall of the building or
structure. Side yard setbacks shall be measured from the property line to the determined drip line
of buildings.
12. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one side
yard line provided:
a. The building has an approved fire rating for zero-lot line development under the building
code.
b. The building has adequate fire access preserved pursuant to fire code requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and recorded
with the County Register of Deeds and provided to the zoning administrator with the site
plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
13. All required setbacks shall be landscaped buffer zones.
RECOMMENDATION
Staff recommends the zoning be approved only if the Planning Commission is willing to
authorize a special use permit for low density, one-story residential development.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 22, 2001, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to provide for the change of zoning of the following property
from R-1 "Single-Family Residential", to LR "Lakefront Recreation":
LOTS 1--3 AND LOTS 15-25 OF BLOCK 761 OF THE REVISED PLAT OF 1903 OF
THE CITY OF l\lIUSKEGON, MUSKEGON COUNTY, MICHIGAN
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 /ll1!;JI 3/ , 2001 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
5/16/01 4
Commission Meeting Date: May 22, 2001
Date: May 16, 2001
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Vacation of Dewey Street
SUMMARY OF REQUEST:
Request to vacate Dewey St. (south of Ohio St. to its terminus).
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
.stre<.f-
Staff recommends vacation of-aUey to facilitate the development of five buildings, each
with four living units.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation. Members present: Coleman (yes);
Nielsen (no); Aslakson (yes); Sartorious (yes); Veltkamp (yes).
5/16/2001
CITY OF MUSKEGON
RESOLUTION #2001-59(9)
RESOLUTION TO VACATE A PUBLIC STREET
WHEREAS, a petition has been received to vacate Dewey St. (south of Ohio St. to its
terminus), City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on May 15, :2001 to
consider the petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the May 22, 2001
City Commission meeting to consider the recommendation of the Planning
Caril mission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable
for the public interest to vacate and discontinue Dewey St. (south of Ohio St. lo tts
terminus);
BE IT FURTHER RESOLVED that the following condition wiH also apply to the vacation
of said street:
This vacation is final only after access for residetits and utilities are permanently
conveyed over any private lands between the Dewey Street right-of-way and the
Harbortowne Circle right-of way to Harbortowne Circle, regardless ·of future properly
ownership and that the granting of that access be provided in an appropriate legal form
approved by the City Attorney. ·
Resolution to vacate Dewey St. adopted this 22nd day of May, .200·1.
Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, NielSen,
Sch we i fl er ,
Nays: None
Absent: None
By:~{·~
Fred J. ~\in, Mayor .
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan, at a regular meeting held on May 22, 2001.
Gail Kundinger, CMC/AA
Clerk, City of Muskegon
City of Muskegon
Planning Comnission
'Cases #2001=14 through #2001=17
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s
OSR
LR
* = Subject Properties
~ LR
'=/ . 'i Subject Alleys
0
Subject Streets
= Notice Area
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~· OSR R, 1 = Single-Family Residential
"'-" LR = Lakefront Recreation
OSR = Open Space Recreation
OSR
LR
\ OSR
Lake R-1
Michigan
500 p 500 1000 Feet
Staff report excerpt
BACKGROUND
Case 2001-15: Request for vacation of a portion of Dewey St. (south of Ohio St. to its
terminus).
STAFF OBSERVATIONS
1. Since Harbortowne Circle is so close to the Dewey Street right-of-way, it seems
unnecessary to keep that undeveloped "paper" street.
2. There is a strip of privately owned land between the Dewey Street right-of-way and
Harbortowne Circle that has prevented access to Harbortowne Circle from the
subject parcel in the past. An easement or some other form of permanent legal
access for residents and utilities needs to be provided over this land. This should be
a condition of the vacation so access to Harbortowne Circle will not be an issue at
some point in the future, regardless of current or future ownership.
STAFF RECOMMENDATION
Abandon Dewey Street with the recommended conditions.
DELIBERATION
I move that the vacation of a portion of Dewey St. (south of Ohio St. to its terminus) be
(approved/denied), because _ _ _ (based on the following conditions--only if
approved):
1. Access for residents and utilities be permanently conveyed over any private
lands between the existing Dewey Street right-of-way and the Harbortowne
Circle right-of way to Harbortowne Circle, regardless of future property
ownership and that the granting of that access be provided in an appropriate
legal form to the City Attorney prior to the City Commission finalizing the
Dewey Street vacation.
Commission Meeting Date: May 22, 2001
Date: May 16, 2001
To: Honorable Mayor and City Comm.nis~rs
From: Planning & Economic Developm~
RE: Alley Vacation in Block 761
SUMMARY OF REQUEST:
Request for vacation of both the north/south and the east/west alleys in Block 761
(said block is bounded by Beach St., Nelson St., Ohio St., and Dewey St.)
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of alley to facilitate the development of five buildings, each
with four living units.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation. Members present: Coleman (yes);
Nielsen (no); Aslakson (yes); Sartorious (yes); Veltkamp (yes).
5/16/2001
Staff report excerpt
8ACkGltOdND
Case 2001-14: Request for vacation of both the north/south and the east/west alleys in
Block 761 (bounded by Beach St., Nelson St., Ohio St., and Dewey St.), by John Darien.
STAFF OBSERVATIONS
1. Both of the alleys are "paper" and unused by area residents.
2. As long as our easements are retained and no structures are placed over them,
abandonment was not seen as a problem by staff (Planning, Engineering, Fire, and
DPW)
STAFF RECOMMENDATION
Abandoned the alleys and retain any necessary easements on the condition no structures
may be placed over the easements.
CITY OIF MUSKEGON
RESOLUTION #2001 ~ sg ( h J
RESOLUTION TO VACATE PUBLIC ALLEYS
VI/HEREAS, a petition has been received to vacate both the north/south and the
east/west alleys in Block 761 {said block is bounded by Beach Si., Nelson St., Ohio
St., and Dewey St.) of the Revised Plat of 1903, City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on May 15, 200·1 to
consider the petition and subsequently recommended the vacation; and
VVHEREAS, due notice had been given of said hearing as well as the May 22, 2001
City Commission meeting to consider the recommendation of the Planning
Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it
advisable for the public interest to vacate and discontinue the alley;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the said
alley vacated and discontinued provided, however, that this action on the part of the
City Commission shall not operate so as to conflict with 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 alley hereby vacated, and it is hereby
expressly declared that 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.
Action to vacate both the north/south and the east/west alleys in Block 761.
Adopted this 22nd day of May, 2001.
Ayes: Sieradzki, Spataro, Aslakson, Benernict, Nielsen, Schweifler,
and Shepherd
Nays: None
Absent: None
By: ~ )1.;&,w
F r e ~ Ma_y~r /
0
Attest:_...c::::.~:::::.:::......:!:::.:..:::.....~:.......:.~=-=-..:~==
Gail A. Kundinger, Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan, at a regular meeting held on May 22, 2001.
Gail Kundinger, CMC/AAE
Clerk, City of Muskegon
City of Muskegon ·
Planning Cornnission W~E
Cases #2001-14 through #2001 =17 s
OSR
LR
* = Subject Properties
/ "f Subject Alleys
, Subject Streets
LR
0 = Notice Area
o.,
<9~,
u>,,_ OSR R, 1 = Single-Family Residential
LR = Lal
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