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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
o CALL TO ORDER;
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o PRESENTATIONS:
o CONSENT AGENDA:
a. Sale of Non-Bulldable Lot on Marquette Avenue In Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT
b. Approval of Minutes. CITY CLERK
c. FIRST READING - Franchise Ordinance to Nordic Electric to use
Local Public Ways ad do Local Electric Business. CITY CLERK
d. Rezoning Request for Property Located at 2964 Lakeshore Drive.
PLANNING & ECONNOMIC DEVELOPMENT
e. Rezoning Request for Property Located at 270-318 Apple Ave.
PLANNING & ECONOMIC DEVELOPMENT
f. Annual Water Treatment Chemical Bids. PUBLIC WORKS WATER
FILTRATION
g. Sale of Bulldable Lot on Yuba Street in Jackson Hill. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of Bulldable Lot on Morgan Street in Marquette. PLANNING &
ECONOMIC DEVELOPMENT
I. Purchase of Property from Lakeshore Yacht Harbor for the
Muskegon Lakeshore Trail. PLANNING & ECONOMIC
DEVELOPMENT
j. Purchase of Property from Kirksey Investment
Corp. for the Muskegon Lakeshore Trail. PLANNING & ECONOMIC
DEVELOPMENT
k. Approval of HOME Infill Program. PLANNNING & ECONOMIC
DEVELOPMENT
I. Approval of HOME Infill Construction Bids. PLANNING &
ECONOMIC DEVELOPMENT
m. Customer Service Training. ADMINISTRATIVE DIVISION
n. Citizen's Survey. ADMINISTRATIVE DIVISION
• PUBLIC HEARINGS:
a. Application to amend an IFT Certificate - Neway Anchoriok
International. PLANNING & ECONOMIC DEVELOPMENT
b. Application for IFT Certificate - Holland Neway International. Inc.
PLANNING & ECONOMIC DEVELOPMENT
• COMMUNICATIONS:
a. West Michigan Dive Center.
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
• NEW BUSINESS:
a. FIRST READING - Zoning Ordinance Amendment - Replacement of
Sile Plan Review and Submission Requirements Language.
PLANNING & ECONOMIC DEVELOPMENT
b. Waterfront Redevelopment Plan. PLANNING & ECONOMIC
DEVELOPMENT
c. Clean Michigan Initiative. CITY MANAGER
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MusMI 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date: January 11, 2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, December 14, 1999.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: Committee of the Whole will
review this item January 10, 2000.
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 11, 2000
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m., Tuesday, January 11, 2000.
Mayor Nielsen opened the meeting with a prayer after which 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; Commissioners John Aslakson, Jone
Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Larry Spataro
Absent: None
2000-013 CONSENT AGENDA:
a. Sale of Non-Buildable Lot on Marquette Avenue in Jackson Hill.
PLANNING & ECONOMIC DEVELOPMENT (10 a)
SUMMARY OF REQUEST: To approve the sale of the vacant non-buildable lot designated as parcel number 61-31-
20-181-009 to Linwood Lee. The subject parcel is adjacent to a duplex that Mr. Lee currently owns. The parcel has 76
feet of frontage and 66 feet of depth. The duplex has been vacant for at least a year. Mr. Lee plans to fix-up the
home (painting and other minor cosmetic repairs) and sell it. A building permit for approximately $15,000 of repairs
was obtained by Mr. Lee on November 22. Staff recommends approval of the sale contingent upon completion of the
repairs. The deed will be held until the repairs are complete and have been reviewed by the Inspection Services
Department.
FINANCIAL IMPACT: The sale of the parcel will allow the property to be placed back on the City's tax rolls, thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale with the aforementioned contingencies, as well
as, authorization for both the Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended this item be referred back to staff to
obtain a recommendation from the Land Reutilization Committee.
b. Approval of Minutes.
CITY CLERK (11 a)
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission Meeting that was held on Tuesday,
December 14, 1999.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval as submitted.
c. FIRST READING - Franchise Ordinance to Nordic Electric to use local public ways and do local electrical
business.
CITY CLERK (11 c)
SUMMARY OF REQUEST: To adopt an ordinance granting a five year, non-exclusive, revocable electric franchise to
Nordic Electric, L.L.C.
FINANCIAL IMPACT: $1,000 non-refundable application fee.
BUDGET ACTION REQUIJ:!.ED: None
STAFF RECOMMENDATION: Adoption of the Ordinance.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended adoption of the ordinance.
e. Rezoning Request for property located at 270-318 Apple Avenue.
PLANNING ft ECONOMIC DEVELOPMENT (11 e)
SUMMARY OF REQUEST: Request to rezone property located at 270-318 Apple Ave., between Fork and Emerald
Streets, from B-2, Convenience and Comparison Business to B-4, General Business.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan. The Planning Commission concurred with staff's recommendation to deny the
request and also recommended that staff waive the application fee if the applicant returns with a request for a
Planned Unit Development for the site.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended denial of the request.
f. Annual Water Treatment Chemical Bids.
PUBLIC WORKS - WATER FILTRATION (11 f)
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders to supply aluminum sulfate,
sodium hypochlorite, and fluoride for the Water Filtration Plant.
FINANCIAL IMPACT: Annual cost of $70,270.00 (based on average annual water pumped to mains).
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse the low bid received and the
contract renewals and enter into contracts with General Chemical, Alexander Chemical, and Lucier Chemical for
aluminum sulfate, sodium hypochlorite, and fluoride respectively.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
g. Sale of buildable lot on Yuba Street in Jackson Hill.
PLANNING ft ECONOMIC DEVELOPMENT (11 g)
SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot described as map number 24-31-20·134·
007 to Eva Shannon. Ms. Shannon intends to build a 2,100 square foot single-family home with an attached garage.
The appraised value of the parcel is $3,500 and Ms. Shannon submitted the only bid of $3,510. Staff recommends
approval of the sale contingent upon Ms. Shannon following through with the design of the house as presented to staff
and the Land Reutilization Committee.
FINANCIAL IMPACT: The sale of the parcel will relieve the City of continued maintenance costs.
JANUARY 11, 2000 2
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale with the aforementioned contingency, as well
as, authorization for both the Mayor and the Clerk to sign the resolution. The Land Reutilization Committee endorsed
the sale of the property with the above contingency at their November meeting.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request with
contingencies as stated.
h. Sale of buildable lot on Morgan Street in Marquette.
PLANNING 8: ECONOMIC DEVELOPMENT (11 h)
SUMMARY OF REQUEST: To approve the sale of the vacant buildable lot described as map number 24-31-21-202-
008 to Timothy A. Richards of 1071 Marquette Ave. Mr. Richards intends to build a 2,200 square foot single-family
home with an attached 3-car garage. The appraised value of the parcel is $5,000 and Mr. Richards submitted the only
bid of $5,100. Staff recommends approval of the sale contingent upon Mr. Richards following through with the design
of the house as presented to staff and the Land Reutilization Committee.
FINANCIAL IMPACT: The sale of the parcel will relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the sale with the aforementioned contingency, as well
as, authorization for both the Mayor and the Clerk to sign the resolution. The Land Reutilization Committee endorsed
the sale of the property with the above contingency at their November meeting.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request with
contingencies as stated.
i. Purchase of property from Lakeshore Yacht Harbor for the Muskegon Lakeshore Trail.
PLANNING 8: ECONOMIC DEVELOPMENT (11 i)
SUMMARY OF REQUEST: Approval of resolution and purchase agreement for property owned by the Lakeshore
Yacht Harbor, which is required for the Lakeshore Trail. The purchase price is $5,300.00, which is the appraised value
of the property. Through this agreement, the City will also be agreeing to construct a fence along the property, which
matches the current wrought iron fencing, as well as agreeing to match existing lighting and security on the fence.
The purchase agreement has already been signed by the Lakeshore Yacht Harbor.
FINANCIAL IMPACT: Purchase will allow the Lakeshore Trail project to continue. The price for the property is
$5,300.00 and the purchase will be completed with funds received from the sale of the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the purchase according to the terms
of the agreement.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
i. Purchase of property from Kirksey Investment Corp. for the Muskegon Lakeshore Trail.
PLANNING 8: ECONOMIC DEVELOPMENT (11 j)
SUMMARY OF REQUEST: Approval of resolution and purchase agreement for property owned by the Kirksey
Investment Corp., which is required for the Lakeshore Trail. The purchase price is $60,000.00, which is the appraised
value of the property. Through this agreement, the City will also be agreeing to, at the time of trail construction,
lower the elevation of the berm now existing on the premises. The City will also be agreeing to lease the lakeward
portion of the remaining property from Kirksey for $1.00, and to construct a fence along the trail, on the non-lakeward
side. The purchase agreement has already been signed by the Kirksey Investment Corp.
FINANCIAL IMPACT: Purchase will allow the Lakeshore Trail project to continue. The price for the property is
$60,000.00 and the purchase will be completed with funds received from the sale of the Chase Hammond Golf Course.
JANUARY 11, 2000 3
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the purchase according to the terms
of the agreement.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
l. Approval of Home Infill Construction Bids.
PLANNING B: ECONOMIC DEVELOPMENT (11 l)
SUMMARY OF REQUEST: Pursuant to the implementation of the City Infill Program, staff recommends that the
contract award for construction of the Infill homes go to Bantam Group. Of the four companies that responded to the
City's RFP, with all other things being equal, Bantam Group proposed construction of the homes as specified by staff
for the lowest price per home.
FINANCIAL IMPACT: Expenditure of the 1997 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends awarding the infill construction contract to Bantam Group.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
m. Customer Service Training.
ADMINISTRATIVE DIVISION (11 n)
SUMMARY OF REQUEST: The City of Muskegon requested proposals to offer Customer Service Training to City
employees. Proposals were received from three vendors: Not-So-Basics/Baker College, Muskegon Community College
(MCC), and Grand Valley State University (GVSU). The Employee Training Committee reviewed all three proposals and
recommends Not-So-Basics/Baker College proposal for the following primary reasons:
1. Lowest bidder at $28,000 as opposed to GVSU at $29,500 and MCC at $29,728;
2. Customized training packet;
3. Material content is more comprehensive and desirable.
FINANCIAL IMPACT: $28,800
BUDGET ACTION REQUIRED: None. Provided for in 2000 Budget.
STAFF RECOMMENDATION: Staff recommends approval of Not-So-Basics/Baker College proposal.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
Motion by Commissioner Aslakson, second by Commissioner Benedict to approve the consent agenda with the
exception of items 6(d), 6(k), and 6(l).
Motion amended by Commissioner Aslakson, second amended by Commissioner Benedict to approve the
consent agenda with the exception of items 6(d), 6(k), and 6(n).
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
2000-014 ITEMS REMOVED FROM CONSENT
d. Rezoning Request for property located at 2964 Lakeshore Drive.
PLANNING B: ECONOMIC DEVELOPMENT (11 d)
SUMMARY OF REQUEST: Request to rezone property located at 2964 Lakeshore Dr., west of Cottage Grove St.,
from WM, Waterfront Marine to RM-3, High Density Multiple-Family Residential.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
JANUARY 11, 2000 4
STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan. After discussion with the City Attorney, staff feels that the project can move
forward through a Planned Unit Development approach in the existing WM zoning district. The Planning Commission
concurred with staff's recommendation to deny the request.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended denial of the request.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to deny the request due to lack of
compliance with the future land use map and the Master Land Use Plan.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
k. Approval of HOME Infill Program.
PLANNING 8: ECONOMIC DEVELOPMENT (11 k)
SUMMARY OF REQUEST: To approve the Infill program as prepared by staff, which seeks to provide quality homes
to low to moderate income families. Approval of the plan will allow three pilot homes to be built on city-owned lots
selected by the buyers. Steps have been taken to ensure that the homes are compatible with existing structures and
are consistent with established housing goals, which specify safe, decent, and affordable housing for low-moderate
income families. The design of the plan ensures that the buyer and not the City is responsible for mortgage payments,
taxes, upkeep and other traditional home owner expenses.
FINANCIAL IMPACT: Implementation of the plan will relieve the City of continued maintenance costs on vacant lots
and capture future property taxes.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the plan as written, as well as, authorization for both
the Mayor and the Clerk to sign the resolution. The Citizen's District Council approved the use and amount of the
HOME funds as part of the 1997 Annual Consolidated Plan.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the program.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to approve the Infill program as
prepared by staff.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
n. Citizen's Survey.
ADMINSTRATIVE DIVISION (11 o)
SUMMARY OF REQUEST: At the City Commission meeting on November 23, 1999, the Commission approved staff's
recommendation to contract with Carl Frost Center for Social Science Research to conduct a City-wide Citizen Survey.
Since then, staff has worked closely with the Center's representative, Scott VanderStoep, to develop the survey
questionnaire. Copies of the draft survey questionnaire were provided to City Commissioners, Neighborhood
Presidents, City Department Heads and others for your/their input. The final survey questionnaire reflects suggestions
and comments received.
FINANCIAL IMPACT: $11,920
BUDGET ACTION: None. Provided for in budgets '99 and 2000.
STAFF RECOMMENDATION: Staff recommends approval of the survey questionnaire.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to approve staff recommendation to
contract with Carl Frost Center for Social Science Research to conduct a City-wide Citizen Survey.
JANUARY 11, 2000 5
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
2000-015 PUBLIC HEARINGS:
a. Application to amend an IFT Certificate - Neway Anchorlok International.
PLANNING ft ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Neway Anchorlok International, Inc.
(a.k.a. Holland Neway International), 1950 Industrial Boulevard, Muskegon, Michigan, manufacturer of suspension
systems and brake actuators for the heavy truck industry, has requested an amendment to an Industrial Facilities
Exemption Certificate. The Muskegon City Commission approved the existing Certificate on Ser,tember 22, 1997.
Initial total capital investment for this project was estimated at $7,521,852 in personal property. Neway Anchorlok is
planning to invest an additional $1,220,300 in this project. As such, the company is requesting an amendment in the
amount of $1,220,300 to the existing abatement for the period of time remaining on the original certificate (7 years;
ending in 2007). This expansion is required to assist in the generation of the number of new jobs (75) promised in the
original Certificate. Neway has a current workforce of 485.
FINANCIAL IMPACT: The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the resolution granting an amendment to Industrial Facilities Exemption
Certificate No. 97-534 on personal property for the term remaining on the existing abatement.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing opened at 6:17 p.m. to hear and consider any comments from the public. Matt Dugener gave an
overview of the item. Mike Flint, 2253 Worden, manager of Neway, was present to answer questions. No comments
were heard from the public.
Motion by Commissioner Aslakson, second by Commissioner Benedict to close the Public Hearing at 6:20 p.m.
and to approve an amendment to an Industrial Facilities Exemption Certificate for Neway Anchorlok International.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
b. Application for IFT Certificate - Holland Neway International, Inc.
PLANNING ft ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, Holland Neway International, Inc., 1950
Industrial Boulevard, Muskegon, Michigan, manufacturer of suspension systems and brake actuators for the heavy truck
industry, has requested the issuance of an Industrial Facilities Exemption Certificate. Total capital investment for this
project is $3,340,000 in personal property. The project will also result in the creation or retention of 25 employment
opportunities. Holland Neway has a current workforce of 485.
FINANCIAL IMPACT: The City will capture additional property and income taxes generated by the expansion.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate on personal property for a term of six (6) years.
COMMITTEE RECOMMENDATION: No action was taken on this item.
The Public Hearing was opened at 6:30 p.m. to hear and consider any comments from the public. Matt Dugener
gave an overview of the item. No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Aslakson to close the Public Hearing at 6:36 p.m.
and to approve the issuance of an Industrial Facilities Exemption Certificate to Holland Neway International, Inc.
JANUARY 11, 2000 6
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
2000-016 COMMUNICATIONS:
a. West Michigan Dive Center.
Heather Bloom, 2516 Glade, of the West Michigan Artificial Reef Society gave a presentation on the intentional
sinking of a vessel near Muskegon.
Motion by Commissioner Shepherd, second by Commissioner Aslakson to draft a letter in support of the project
to be attached to the application to the State of Michigan.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
2000-017 NEW BUSINESS:
a. FIRST READING - Zoning Ordinance Amendment Replacement of Site Plan Review and Submission
Requirements Language.
PLANNING ft ECONOMIC DEVELOPMENT (11 b)
SUMMARY OF REQUEST: Request to amend Section 2330 of Article XXIII (General Provisions) of the Zoning
Ordinance to replace the language for Site Plan Review and Submission Requirements.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to include the proposed
language in the article and section described above to replace the existing language in the section. The Planning
Commission recommended approval of the request.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request. (Vote 6-1)
Motion by Commissioner Aslakson, second by Commissioner Benedict to amend Section 2330 of Article XXIII of
the Zoning Ordinance to replace the language for Site Plan Review and Submission Requirements.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
ADOPTED
b. Waterfront Redevelopment Plan.
PLANNING ft ECONOMIC DEVELOPMENT (11 m)
SUMMARY OF REQUEST: At a December 8th special Planning Commission meeting, there was a public hearing and
the Waterfront Redevelopment Plan was adopted without the appendix that speaks to a Port Authority. While state
law puts the responsibility of adopting land use plans on the Planning Commission, staff also has the City Commission
endorse the plan to strengthen its merit.
FINANCIAL IMPACT: None
BUDGET ACTION REQURIED: None
STAFF RECOMMENDATION: Adopt the plan by passing the resolution.
COMMITTEE RECOMMENDATION: Committee of the Whole recommended endorsement of the plan. (Vote 4-3)
Motion by Commissioner Aslakson, second by Commissioner Schweifler to endorse the plan.
Motion amended by Commissioner Aslakson, second by Commissioner Spataro to adopt the plan.
ROLL VOTE: Ayes: Schweifler, Sieradzki, Spataro, Aslakson
Nays: Nielsen, Shepherd, Benedict
ADOPTED
JANUARY 11, 2000 7
c. Clean Michigan Initiative.
CITY MANAGER (11 p)
SUMMARY OF REQUEST: To consider correspondence with the State of Michigan consolidating the City's Clean
Michigan Initiative Round I and Round II applications.
FINANCIAL IMPACT: Funding from the Clean Michigan Initiative Grant would assist several waterfront projects.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To authorize the letter to be sent to the Michigan Department of Environmental Quality
(MDEQ).
COMMITTEE RECOMMENDATION: Committee of the Whole recommended approval of the request. (Vote 6-1)
Motion by Commissioner Aslakson, second by Commissioner Spataro to authoriz e staff to send correspondence
to the State of Michigan.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Nielsen
Nays: Benedict
ADOPTED
2000-018 CLOSED SESSION:
Motion by Commissioner Aslakson, second by Commissioner Benedict to adjourn to Closed Session at 7:56 p.m.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: None
ADOPTED
Motion by Commissioner Aslakson, se_cond by Commissioner Benedict to return to the Regular Meeting at 8:12
p.m.
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
Motion by Commissioner Shepherd, second by Commissioner Aslakson to accept the recommendation of the
City Attorney.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
ADJOURNMENT:
The Regular Commission Meeting was adjourned at 8:13 p.m.
R
~oub-m
~~
Gail A. Kundinger, CMC/ AAE
City Clerk
~
J ANUARY 11, 2000 8
Commission Meeting Date: January 1 0, 2000
Date: January 5, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-Buildable Lot on Marquette Avenue in Jackson
Hill
SUMMARY OF REQUEST:
To approve the sale of the vacant non-buildabe lot designiated as parcel number 61-
31-20-181-009 to Linwood Lee. The subject parcel is adjacent to a duplex that Mr. Lee
currently owns. The parcel has 76 feet of frontage and 66 feet of depth. The duplex
has been vacant for at least a year. Mr. Lee plans to fix-up the home (painting and
other minor cosmetic repairs) and sell it. A building permit for approximately $15,000
of repairs was obtained by Mr. Lee on November 22. Staff recommends approval of
the sale contingent upon completion of the repairs. The deed will be held until the
repairs are complete and have been reviewed by the Inspection Services Department.
FINANCIAL IMPACT:
The sale of the parcel will allow the property to be placed back on the City's tax rolls,
thus relieving the City of continued maintenace costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale with the aforementioned contingencies, as well
as, authorization for both the Mayor and the Clerk to sign the attached resolution .
COMMITTEE RECOMMENDATION:
There was no quorum at the December 21 LRC meeting, so there is no
recommendation with regard to the pocket park issue.
1/5/2000
Date: January 4, 2000
To: Honorable Mayor and City Commission
From: City Clerk
RE: Electric Franchise with Nordic Electric
SUMMARY OF REQUEST: To adopt an ordinance granting a five year,
non-exclusive, revocable electric franchise to Nordic Electric, L.L.C.
FINANCIAL IMPACT: $1,000 non-refundable application fee
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Adoption of the Ordinance.
COMMITTEE RECOMMENDATION: Committee of the Whole will
discuss this item at their meeting on January 10, 2000.
Administrative Services • 349 W. Webst"~r Ave., Muskegon Ml 49440 • 231-720-2003 • FAX 720-2050 • TTY 720-2066
~:s..
December 6, 1999
Mr. Bryon Mazade, City Manager
City of Muskegon
933 Terrace Street
Muskegon, MI 49443
Dear Mr. Mazade:
I am writing to advise you that Muskegon Public Schools has recently agreed to
acquire its electricity from Nordic Electric, L.L.C. , (Nordic), a certified electric power
supplier headquartered in Ann Arbor, Michigan.
Consistent with our agreement with Nordic, the electricity needs for all of our
school locations will begin to be supplied by Nordic after all legal and regulatory
requirements have been satisfied. One such requirement is that the City of Muskegon
grant to Nordic a non-exclusive revocable franchise that will allow Nordic to conduct
electric business in the City of Muskegon.
It is my understanding that Nordic has made application to the City of Muskegon
seeking issuance of such an electric franchise. I would like to request that Nordic' s
franchise application be introduced and approved by your municipal council or board as
soon as possible.
Upon implementation, our agreement with Nordic will provide for a substantial
amount of savings for our schools and the taxpayers that support them. With your
assistance, we can begin to realize those savings. Accordingly, your prompt attention to
this matter is appreciated.
Sincerely,
a~·Judith A. Hayn
RECE IV ED
Assistant Superintendent for DEC 81999
Administrative Services
MUSKEQON
CIIY. MANAGER'S
Cc: Kimball Power Company OFFICE
It is the policy of the Public Schools of the City of Muskegon that no person shall, on the basis of race, color, religion, national origin or ancestry, sex, age, disability, height, weight,
or marital status be excluded from participation in, be denied the benefits of, or be subjected to discrimination during any program or activity or in employment. Jf you feel
you have been discriminated against, please contact Assistant Superintendent of Human Resources, 349 W. Webster Ave., Muskegon Ml 49440, 231-720-2000.
NORDIC ELECTRIC
October 25, 1999
Mr. Bryon Mazade
City Manager, City of Muskegon
933 Terrace Street
Muskegon, Michigan 49443
Dear Mr. Mazade,
The continuing deregulation of Michigan's electric industry has resulted in the implementation
of expanded open access programs on the Detroit Edison and Consumers Energy utility systems.
As a result, Nordic Electric, L.L.C. (Nordic), currently supplying electricity to customers located
throughout Michigan, is adding new customers.
The Michigan Public Service Commission (MPSC) requires electric power companies, such as
Nordic, to acquire a local franchise from each city or township in which they intend to conduct
business. Nordic has been granted forty-six such franchises to date from various Michigan
municipalities. All of these franchises are non-exclusive and revocable in nature and typically
have been granted for a term of five to ten years.
Nordic has recently agreed to sell electric power to additional customers. Some of these
customers are located within your municipal boundaries. Accordingly, Nordic requests that the
City of Muskegon grant to Nordic a franchise to therein conduct its electric business.
Enclosed for your reference is a draft franchise document that is representative of those
previously granted to Nordic by various other Michigan municipalities. I would be pleased to
work with your municipal council, board and/or legal counsel towards finalizing this document.
The process implemented by the MPSC to promote electric competition and customer choice
includes a phased-in utility capacity allocation schedule that has already begun. Accordingly,
the extent to which you are able to expedite this franchise request is greatly appreciated by
Nordic and the customers it is prepared to serve in the City of Muskegon.
Please contact me at your earliest convenience with any questions or concerns you may have
generally about electric deregulation in Michigan or, more specifically, about Nordic and this
franchise request.
Sincerely,
N~RfIC ELEqtruc, L.L.C. RECE JV ED
G)04J(~~ 0,,x
OCT :i 8 1999
William H. Shippy MUS KEG OM
Director of Government Affairs CIT.:V, MANAG!'Zn'S
OFFlC!!
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2010 H ogback Road • Suite 4 • Ann A rbor, Ml 48105 • Phone: (734) 973-7700 Fax: (734) 973-9335
1900,01-11 17105 #677 ~.02/02
FROM :NORDrc ELECTRIC l-734-973-9335
NORDIC ELECTRIC
January 10, 2000
Ms. Gml A Kundinger
City Clerk, City of Muskegon
933 Ten-ace Street
P.O. Box 536
Muskegon, l'vf:ichlgan 49443
RE: Request of Nordic Electric for an Electric Franchise from the City of'Muskegon
De-M Ms. Kundinger,
r have received and ,el'iewed your fax dated Januruy 4, 2000 conw.inillg your charter ordinance
md the fb..n.ohise ordinance document used to gran'! electdc franchises in the City ofMuskego11.
Pursuant to the City of Muskegon Ordinance No. 1158, Section 18-63, as adopted April 14,
1998, enclosed please tlnd our $1,000 00 check made payable to the City of Muskegon for the
required nrnHefundable application fee.
Please advise me of ar1y additional items or in:lbnnation you may require in order to place this
request before your City Commission for approval consideration.
Should ycru wish to contact me by phone, i can be reached a! extension # 114.
Thank you for yow- assistance in regards to this matter.
Nr::;~C
Sincerely,
Willirun H. Shippy
Director of Government Affairs
.Enclosure
201 o Hogback Road , Suite 4 • Ann Arbor, Ml 48105 • Phone; (734) 973-7700 Fax, (734) 973-9335
111
Ordinance 2008
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO NORDIC ELECTRIC, L.L.C. ,
TO USE LOCAL PUBLIC WAYS AND DO LOCAL ELECTRICAL BUSINESS
WHEREAS, NORDIC ELECTRIC, L.L.C., its successors and assigns, seeks a public
utility franchise to use the highways, streets, alleys, bridges, and other public places for the
transmission of electricity, and to do local electric business in the City of Muskegon, and
WHEREAS, the City of Muskegon, Muskegon County, Michigan, is empowered,
pursuant to the Michigan Constitution of 1963, and Chapter XIV ofit' s own City Charter, to
grant
public utility franchises by Ordinance,
NOW, THEREFORE, the City of Muskegon, Michigan Ordains:
Section I. Grant of Non-Exclusive Rights
A. Term; Revocable at Will. City of Muskegon (City) grants to NORDIC
ELECTRIC, L.L.C., its successors and assigns (Grantee), subject to the terms and conditions set
forth below, the nonexclusive right, power and authority to construct, maintain and use electric
lines consisting of towers, masts, poles, cross-arms, guys, braces, feeders, transmission and
distribution wires, transformers and other electrical appliances (hereinafter "Electric System") on,
along, across and under the highways, streets, alleys, and bridges (hereafter "Public Ways") as
identified in Exhibit A to this Ordinance and to do local electric business in the City of
Muskegon, Muskegon County, Michigan, for a period of five years. Notwithstanding the term of
this agreement, it is revocable at will in accordance with the Michigan State Constitution,
Article 7 Section 25.
B. Location in Public Ways. To the maximum extent possible, Grantee shall place
its electrical system on, within, and along existing utility facilities in the Public Ways.
C. Lease. Grantee shall not lease or sublease any portion of its electrical system
within the city to a person who by law is required to obtain the City's permission or consent to
transaction business in the City and who lacks such permission or consent. Grantee shall not
allow the property of a third party or non-electrical system wires or any other facilities to be over
lashed, affixed or attached to any portion of its electrical system or allow other actions with a
similar result without the written consent of the City Manager or that person's designee.
Section 2. Use of Public Rights-of-Way by Grantee
A. No Burden on Public Ways. Grantee and its contractors, subcontractors and the
Grantee's Electric System shall not unduly burden or interfere with the present or future use of
O:ICLERK\KUNDINGER\WORDIELECFRANCHISEAGREE.DOC
any of the Public Ways within the City. Grantee shall erect and maintain its Electric System so as
to cause minimum interference with the use of the Public Ways and with the rights or reasonable
convenience of property owners. No Public Way shall be obstructed longer than necessary during
the work of construction or repair to the Electric System. Grantee's cable, wires, structures and
equipment shall be suspended or buried so as to not endanger or injure persons or property in the
Public Ways. If the City in its reasonable judgment determines that any portion of the Electric
System constitutes an undue burden or interference, Grantee at its expense shall modify its
Electric System or take such other actions as the City may determine is in the public interest to
remove or alleviate the burden, and the Grantee shall do so within the time period established by
the City.
B. Restoration of Public Ways. Grantee and its contractors and subcontractors shall
immediately restore, at Grantee's sole cost and expense and in a manner approved by the City,
any portion of the Public Ways that is in any way disturbed, damaged, or injured by the
construction, operation, maintenance or removal of the Electric System to as good or better
condition than that which existed prior to the disturbance. In the event that Grantee, its contractor
or subcontractors fail to make such repair within the time specified by the City, the City shall be
entitle to complete the repair and Grantee shall pay the costs of the City for such repair.
C. Easements. Any easements required for installation or maintenance of an Electric
System or part thereof by Grantee over or under private property shall be arranged and paid for
by Grantee. Any use or intrusion on private property without an easement or other instrument
evidencing permission of the property owner shall constitute a trespass by Grantee and a
violation of this Agreement. Any easements over or under property owned by the City other than
the Public Ways shall be separately negotiated with the City.
D. Tree Trimming. Grantee may trim trees upon and overhanging the Public Ways
so as to prevent the branches of such trees from coming into contact with the Electric System.
Grantee shall minimize the trimming of trees to trimming only those that are essential to
maintain the integrity of its Electric System. No trimming shall be done in the Public Ways
without previously informing the City.
E. Pavement Cut Coordination/Additional Fees. Grantee shall coordinate its
construction program and all other work in the Public Ways with the City's program for street
construction, rebuilding, resurfacing and repair (collectively, "Street Resurfacing"). Grantee shall
meet with the official of the City primarily responsible for the Public Ways at least twice per year
to this end.
The goals of such coordination shall be to require Grantee to conduct all known
work in the Public Ways in conjunction with or immediately prior to any Street Resurfacing
planned by the City, and to prevent the Public Ways from being disturbed by Grantee for a period
of years after such Street Resurfacing.
O:ICLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
. CITY OF MUSKEGON.
NOTICE OF ADOPTION
TO ALL INTERESTED PERSONS:
Please take notice that the City Commission ofthe City of Muskegon adopted an
ordinance at its meeting on January 11, 20'.Xlgranting a non-exclusive franchise to Nordic Electric, L. L. C •
Inc., for the furnishing ofelectric service from the. City of Muskegon. In summary, the ordinance
provides as follows:
I. Grant of non-exclusive rights. The ordinance grants a non-exclusive right to ·
offer electric service in the City .. The grant is revocable at will and has a term of :five years. The
electrical utility is to be located in public ways.
2. Use of public rights of way by franchisee. The ordinance provides for the use
of public rights of way, prevents burdens on the rights of way, requires restoration in the case of
damage or disturbance, allows tree trimming, and provides for additional fees for pavement cuts.
Marking is required on facilities built by the franchisee.
The franchisee must comply with all laws. In the event of street vacation or
relocation requests, the franchisee must accomplish the relocation of its facilities at its sole
expense.
Public emergencies will justify the right of the City to disrupt the Jines. The
franchisee is required to register with "Miss Dig." Erection of additional poles and wires must be
authorized by the City.
Facilities are to be located underground in the event the host public utility
company's facilities are so placed. Any agreement with the host utility company must be copied
to the City.
3. No City liability; indemnification; insurance. Section 3 provides for protection
of the City to indemnification provisions and the requirement of insurance in the event the
franchisee installs or constructs any physical facilities, except for meters.
4. Franchise not exclusive. The ordinance specifically states that the grant is not
exclusive.
5. Rates. The franchisee is to charge rates authorized by the Michigan Public
Service Commission.
6. City jurisdiction. The City retains jurisdiction allowed under state Jaw, charter
or federal law.
•·
Michigan Public Service Commission. The.ordinance recognizes the
un:sdi<:tJ.o,n of the l'vlPSC,.and requires the franchisee to supply the City with copies of all
material documents on file with the lVIPSC which relate to this City.
8. Effective date. Toe ordinance takes effect 30 days after adoption by the City
Commission, except that it shall not take effect unless the franchisee files an acceptance in.
writing with City Clerk.
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 is effective ten days from the date of this publication, subject to the
conditions of paragraph 8, above.
Published January 28, 2000 CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF .FINAL PASSAGE.
I .'
H:ILIBIEOSl\0010011319\NOTICEIFRANCHIS.ADT
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX/7244178
Cemetery
616/724-6783
FAX/726-5617
Civil Service
616/724-6716
FAX/724.6790 West Mlchlgan's Shoreline City
Clerk
616/724-6705
FAX/724•4178
Comm. & Neigh.
Services January 24, 2000
616/724•6717
FAX/726-2501
Engineering
616/724-6707
FAX/727-6904 Mr. William H. Shippy
Finance Director of Government Affairs
616/724-6713 Nordic Electric, L. L. C.
FAX/724-6768
2010 Hogback Road, Suite #4
Fire Dept.
616/724-6792
Ann Arbor, MI 48105
FAX/724-6985
Income Tax
Dear Mr. Shippy:
616/724-6770
FAX/724-6768
On January 11, 2000, the City Commission adopted the ordinance granting a five
Info. Systems year franchise to Nordic Electric, L.L.C. Section 8 states that the Ordinance takes
616/724-6975
FAX/724-6768 effect 30 days after adoption if the Grantee files an acceptance in writing with the
City Clerk.
Leisure Service
616/724•6704
FAX/724-6790 Please send the acceptance to the City Clerk's Office, 933 Terrace, Muskegon, MI
Manager's Office 49440, at your earliest convenience.
616/724•6724
FAX/722-1214
Thank you,
Mayor's Office
616/724-6701
FAX/722-1214 ;2:ttir.
Neigh. & Const.
Services Linda Potter
616/724-6715
FAX/726-2501 Deputy City Clerk
PlanninglZoning
616/724-6702
FAX/724-6790
Police Dept.
616/724•6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Water Dept.
616/724-6718
FAX/724-6768
Water Filtration
616/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
NO]RJ]J)J1lC lEJLlECTRJIC
January 10, 2000
Ms. Gail A. Kundinger
City Clerk, City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443
RE: Request of Nordic Electric for an Electric Franchise from the City of Muskegon
Dear Ms. Kundinger,
I have received and reviewed your fax dated January 4, 2000 containing your charter ordinance
and the franchise ordinance document used to grant electric franchises in the City of Muskegon.
Pursuant to the City of Muskegon Ordinance No. 1158, Section 18-63, as adopted April 14,
1998, enclosed please find our $1,000.00 check made payable to the City of Muskegon for the
required non-refundable application fee.
Please advise me of any additional items or information you may require in order to place this
request before your City Commission for approval consideration.
Should you wish to contact me by phone, I can be reached at extension # 114.
Thank you for your assistance in regards to this matter.
Sincerely,
NORDIC ELEcryc, L.L.C.
tu··\ 1L£i.,_,,,, 1f / /ff)
if?'V--y,.,
William H. Shippy 1
Director of Government Affairs
Enclosure
2010 Hogback Road • Suite 4 • Ann Arbor, Ml 48105 • Phone: (734) 973-7700 Fax: (734) 973-9335
NORDIC ELECTRIC <>-at... KeyBank National AsSociatlon ,
2416
2010HOGBACK RD.,.STE; 4 KeyBank 74-104/724 ,
ANN ARBOR, Ml 48105
(7341973-7700
1/6/2000
-~j
'
PAY TO THE
ORDER OF City ofMiskegon $ ••1,000.00
One Thousand and 0011 Oo~****-********~**************-**ll'*******************************~*****;*-:*,****************
DOLLARS
City ofMiskegon
MEMO:
Franchise
11•00 21, i r,11• 1:0 7 2 l,O ~o t.a,: 2 2 2 20 ~DO 2 :10011•
SECURITY FEATURES: MICRO PRIMT TOP & BOTTOM BORDERS - COLORE:D Pf\lTERM ARTIFICIAL 'NATERMARI< ON REVF.RSE SIDE - MISSING FEATURE ll~DICATES A COPY
NORDIC: ELECTID1C
February 7, 2000
Ms. Gail A Kundinger
City Clerk, City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, Michigan 49443-0536
RE: City of Muskegon Ordinance Granting Nordic Electric an Electric Franchise
Dear Ms. Kundinger,
I have received a letter from Linda Potter, City of Muskegon Deputy City Clerk, dated January
24, 2000, advising me that on January 11, 2000, the Muskegon City Commission adopted an
ordinance granting a five-year franchise to Nordi.c Electric.
Pursuant to Section 8 of the franchise ordinance, Nordic Electric herein submits written
acceptance of that franchise ordinance as adopted.
Please send an executed franchise agreement and/or certified ordinance document to me for our
files.
Should you wish to contact me by phone, I can be reached at extension # 114. Thank you for
your assistance with this matter
Sincerely, ,
N- ~RDIC ELEC-Trud_1, L.L.c.
/ . ' {
,i(TJ
';
GI\J,1.Lt1.t:,_'f1
William H. Shippy
/ut1~z
Director of Government Aff: irs
'
2010 Hogback Road • Suite 4 • Ann Arbor, Ml 48105 • Phone: (734) 973-7700 Fax: (734) 973-9335
Affirmative Action
616/724-6703
FAX/722-1214
Assessor
616/724-6708
FAX/724-4178
Cemetery
616/724-6783
FAX1726-5617
Civil Service
616/724-6716
FAX/724-6790 West Michigan's Shoreline City
Cieri,
616/724-6705
FAX/724-4178
February 9, 2000
Comm. & Neigh.
Services
616/724-6717
FAX/726-2501
Engineering
616/724-6707
Mr. William H. Shippy
FAX1727-6904 Director of Government Affairs
Finance Nordic Electric, L.L.C.
616/724-6713 2010 Hogback Road, Suite #4
FAX/724-6768
Ann Arbor, MI 48105
Fire Dept.
616/724-6792
FAX/724-6985 Dear Mr. Shippy:
Income Tax
616/724-6770 Thank you for your February 7, 2000, letter submitting written acceptance of the
FAX/724-6768
franchise ordinance.
Info. Systems
616/724-6975
FAX/724-6768 Enclosed is City of Muskegon's Ordinance #2008 granting a non-exclusive
franchise to Nordic Electric, L.L.C., to use local public ways and do local
Leisure Service
616/724-6704 electrical business.
FAX/724-6790
Manager's Office If you have any questions, please call me at (231) 724-6705.
616/724-6724
FAX/722-1214
Thank you,
Mayor's Office
616/724-6701
FAX/722-1214 ~;fA
Neigh. & Const.
Services Linda Potter
616/724-6715
FAX/726-2501 Deputy City Clerk
Planning/Zoning
616/724-6702 Enc.
FAX/724-6790
Police Dept.
616/724-6750
FAX/722-5140
Public Works
616/724-4100
FAX/722-4188
Treasurer
616/724-6720
FAX/724-6768
Waler Dept
616/724-6718
FAX/724-6768
Water Filtration
6 l 6/724-4106
FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Grantee shall pay to the City the sum of $1,250 for each fifty feet (50') cut into or
excavation of any Public Way, or portion thereof, which was subject to Street Resurfacing within
18 months prior to such cut or excavation. This fee is in addition to and not in lieu of the
obligation to restore the Public Ways.
F. Marking, Grantee shall mark its Electric System as follows: Aerial portions of
the Electric System shall be marked with a marker on its lines on alternate poles which shall state
Grantees name and provide a toll-free number to call for assistance. Direct buried underground
portions of the Electric System shall have: (I) a conducting wire placed in the ground at least
several inches above the Grantee's cable or wire (if such cable or wire is non-conductive); (2) at
least several inches above that a continuous colored tape with Grantee's name and a toll-free
number and a statement to the effect that there is buried cable beneath; and, (3) stakes or other
appropriate above-ground markers with Grantee's name and a toll-free number and indicating that
there is buried cable below.
G. Compliance with Laws. Grantee shall comply with all laws, statutes, ordinances,
rnles and regulations regarding the installation, construction, ownership or use of its Electric
System, whether federal, state or local, now in force or which hereafter may be promulgated
(including, without limitation, any ordinance requiring the installation of additional conduit when
Grantee installs underground conduit for its Electric System). Before any installation is
commenced, Grantee shall secure all necessary permits, licenses and approvals from all
appropriate departments, agencies, boards or commissions of the City or other governmental
entity as may be required by law, including, without limitation, all utility line permits and
highway permits. Grantee shall comply in all respects with applicable codes and industry
standards, including but not limited to the National Electrical Safety Code (latest edition) and the
National Electric Code (latest edition). Grantee shall comply with all zoning and land use
ordinances and historic preservation ordinances as may exist or may hereafter be amended.
H. Street Vacation. If City vacates or consents to the vacation of a street or alley
within its jurisdiction, and such vacation necessitates the removal and relocation of Grantee's
facilities in the vacated Public Way, Grantee agrees, as a condition of this Agreement, to consent
to the vacation and to move its facilities at its sole cost and expense when asked to do so by the
City or a court of competent jurisdiction. Grantee shall relocate its facilities to such alternative
route, as the City, acting reasonably and in good faith, shall designate.
I. Relocation. If the City requests Grantee to relocate, protect, support, disconnect,
or remove its facilities because of street or utility work, Grantee shall relocate, protect, support,
disconnect, or remove its facilities, at its sole expense, to such alternate route as City, acting
reasonably and in good faith, shall designate.
J. Public Emergency. The City shall have the right to sever, disrnpt, dig up or
otherwise destroy facilities of Grantee, without any prior notice, if such action is deemed
necessary by the Mayor, City Manager, Police Chief or Fire Chief because of a public
emergency. Public emergency shall be any condition which, in the opinion of any of the officials
O:ICLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
named, poses an immediate threat to the lives or property of the citizens of the City, caused by
any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents,
explosions, major water main breaks, hazardous material spills, etc. Grantee shall be responsible
for repair at its sole expense of any of its facilities damaged pursuant to any such action taken by
the City.
K. Miss Dig. If eligible to join, Grantee shall subscribe to and be a member of "MISS
DIG," the association of utilities formed pursuant to Act 53 of the Public Acts of 1974, as
amended, MCL 460.701, et seq, and shall conduct its business in conformance with the statutory
provisions and regulations promulgated thereunder.
L. Use of Existing Facilities: Compensation to City. Grantee shall utilize existing
poles, conduits, and other facilities wherever practicable, and shall not construct or install any
new, different, or additional poles, or other facilities unless expressly authorized by the City.
Where existing utility wiring is located underground, either at the time of initial construction or
subsequent thereto, Grantee's Electric System shall also be located underground unless otherwise
expressly authorized by the City. In the event Grantee desires to utilize existing poles, conduits
or other facilities owned by the City, Grantee shall be obligated to pay the existing standard
charge for attachment to, placement in, or other use of those facilities.
To the extent that Grantee chooses to construct its own utility wiring or other new
facilities, Grantee agrees to compensate the City for use of the public rights of way. Unless
otherwise agreed by the City and Grantee, the compensation shall be paid at the rate of $0.30 per
lineal foot of wiring or other facilities installed.
M. Underground Relocation. If Grantee has its facilities on Consumers Energy
Company's or any other public utility company's above ground utility poles and the owner of said
poles relocates its facilities to an underground conduit, Grantee shall relocate its facilities
underground in the same location.
N. Pole/Conduit License Agreement Notification. If Grantee forfeits or otherwise
loses its rights under a pole/conduit license agreement with Consumers Energy Company or other
entity, then Grantee shall notify the City Manager in writing within 14 days.
Section 3. No City Liability: Indemnification; Insurance.
A. City Not Liable. The City, and its agents, employees, and contractors, shall not
be liable to Grantee or Grantee's customers for any interference with or disruption in the
operation of Grantee's Electric System, or the provision of service over or through the Electric
System, or for any damages arising otit of Grantee's use of the Public Ways.
B. Indemnification. As part of the consideration for of this Agreement. Grantee
shall defend, indemnify, protect and hold harmless City, its officers, agents, employees,
departments, boards, and commissions from any and all claims, losses, liabilities, causes of
O:ICLERKIKUNDINGERIWORDIELECFRANCHISEAGREE.DOC
action, demands, judgments, decrees, proceedings, and expenses of any nature (including,
without limitation, actual fees and expenses of attorneys, expert witnesses and consultants),
arising out of or resulting from the acts or omissions of Grantee, its officers, agents, employees,
contractors, successors, or assigns, but only to the extent of the fault of the Grantee, its officers,
agents, employees, contractors, successors, or assigns.
C. Assumption of Risk. Grantee undertakes and assumes for its officers, agents,
contractors and subcontractors and employees, all risk of dangerous conditions, if any, on or
about any City-owned or controlled property, including Public Ways, and Grantee hereby agrees
to indemnify and hold harmless the City against and from any claim asserted or liability imposed
upon the City for personal injury or property damage to any person arising out of the installation,
operation, maintenance or condition of the electric system or Grantee's failure to comply with any
federal, state or local statute, ordinance or regulation.
D. Notice. Cooperation and Expenses. City shall give Grantee prompt notice of the
making of any claim or the commencement of any action, suit or other proceeding covered by the
provisions of this Section. Nothing herein shall be deemed to prevent City from cooperating with
Grantee and participating in the defense of any litigation by City's own counsel.
Grantee shall pay all reasonable expenses incurred by City in defending itself with
regard to any such actions, suits or proceedings. These expenses shall include all out-of-pocket
expenses such as attorney fees and shall also include the reasonable value of any services
rendered by or on behalf of the City Attorney, and the actual expenses of City's agents,
employees or expert witnesses, and disbursements and liability assumed by City in connection
with such suits, actions or proceedings.
E. Insurance. If Grantee installs or constructs any physical facilities, except for
meters in the City separately from those facilities of Consumers Energy Company or it successor,
thereafter the Grantee shall maintain in force during the remaining period of its franchise, an
insurance policy issued by a reputable insurer licensed in the State of Michigan and acceptable to
the City for comprehensive general liability coverage, including all risks thereunder, together
with any special electric liability endorsements, insuring the City as an additional insured, and
covering liability for injuries to any person or property, having liability limits of $5,000,000.
A certificate evidencing the issuance of the said policy shall be placed with the City, and the
insurance shall be renewed during the entire remaining franchise period as a condition of the
continuance ofthis franchise. A failure to renew or cancellation of the policy shall constitute
cancellation of the franchise. The declaration of coverage or any other document from the
insurance company regarding notice, shall guarantee that the City shall receive 30 days written
notice of cancellation or modification before the policy may be canceled or changed.
Section 4. Franchise Not Exclusive
The rights, power and authority granted herein are not exclusive.
O:ICLERK\KUNDINGERIWORDIELECFRANCHISEAGREE.DOC
Section 5. Rates
Grantee shall be entitled to charge the inhabitants of the City for electricity
furnished at the rates approved by the Michigan Public Service Commission, to the extent it, or
its successors, have authority and jurisdiction to fix and regulate electrical rates and promulgate
rules regulating such service in the City. Such rates and rules shall be subject to review and
change any time upon petition being made by either the City acting through the City Commission
or by Grantee.
Section 6. City Jurisdiction
Grantee shall be and remain subject to all Ordinances, rules and regulations of the
City now in effect or which might subsequently be adopted for the regulation of land uses or for
the protection of the health, safety and general welfare of the public; provided, however, that
nothing herein shall be construed as a waiver by Grantee of any of its existing or future rights
under Michigan or Federal law or a limitation upon the existing or future powers of the City
pursuant to its Charter or Michigan or Federal law.
Section 7. Michigan Public Service Commission
A. Jurisdiction. Grantee shall, as to all other conditions and elements of service not
addressed or fixed by this Ordinance, remain subject to the rules and regulations applicable to
electric service by the Michigan Public Service Commission, or its successor bodies.
B. Filing. Grantee shall provide the City with copies of all documents which Grantee
sends to the Michigan Public Service Commission and copies of all orders, decisions, or
correspondence Grantee receives from the Public Service Commission. generally affecting its
service or business, and in particular the City of Muskegon. Grantee shall permit City inspection
and examination of all records it is required to maintain or file under Michigan Public Service
Commission rules and regulations.
Section 8. Effective Date.
This Ordinance shall take effect 30 days after adoption by the City Commission,
provided, however, it shall cease and be of no affect after 30 days from its adoption unless and
until within said period Grantee files an acceptance in writing with the City Clerk.
This ordinance adopted:
Ayes: Benedict, Nie 1sen, Schwei fl er, Shepherd, Si eradzk i, Spataro, As 1akson
Nays: None
Adoption Date: -~Ja""n~u~a~r=y_11_,~2_0_0_0_ _
O:ICLERKIKUNDINGERIWORDIELECFRANCHISEAGREE.DOC
Effective Date: February 11, 2000
FirstReading: January 11, 2000
Second Reading: --4'1++'...---------
CITY OF N.IUSKEGOo/ ,
By: .~a . ~~~
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 City Commission of the City of Muskegon, at a regular meeting of the
City Commission on the ____l_l!b_ day of January , 2000, at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as required
thereby. . / ,
Dated: January 11 ,2000 ~ Q_ ~ q , . e,,u
Gail A. Kundinger, CMC/AAE U
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
O:\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE.DOC
EXHIBIT "A"
To
AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO NORDIC
ELECTRIC, L.L.C., TO USE LOCAL PUBLIC WAYS AND TO DO LOCAL
ELECTRICAL BUSINESS IN THE CITY OF MUSKEGON, MICHIGAN.
Pursuant to Section 1, A, o the above referenced Ordinance, the City of
Muskegon (City) grant to Nordic Electric, L.L.C., it successors and assigns
(Grantee), subject to the terms and conditions set forth in the above-referenced
Ordinance, the non-exclusive right, power, and authority to construct, maintain,
and use electric lines consisting as towers, masts, poles cross-arms, guys, braces,
feeders, transmission and distribution wires, transformers, and other electrical
appliances (Electric System) on, along, across, and under the highways, streets,
alleys, and bridges (Public Ways) identified as follows:
ALL PUBLIC WAYS WITHIN CITY LIMITS OF THE CITY OF MUSKEGON.
Ordinance 2008
AN ORDINANCE GRANTING A NON-EXCLUSIVE
FRANCHISE TO NORDIC ELECTRIC, L.L.C. ,
TO USE LOCAL PUBLIC WAYS AND DO LOCAL ELECTRICAL BUSINESS
WHEREAS, NORDIC ELECTRIC, L.L.C., its successors and assigns, seeks a public
utility franchise to use the highways, streets, alleys, bridges, and other public places for the
transmission of electricity, and to do local electric business in the City of Muskegon, and
WHEREAS, the City of Muskegon, Muskegon County, Michigan, is empowered,
pursuant to the Michigan Constitution of 1963, and Chapter XIV ofit' s own City Charter, to
grant
public utility franchises by Ordinance,
NOW, THEREFORE, the City of Muskegon, Michigan Ordains:
Section I. Grant of Non-Exclusive Rights
A. Term; Revocable at Will. City of Muskegon (City) grants to NORDIC
ELECTRIC, L.L.C., its successors and assigns (Grantee), subject to the terms and conditions set
forth below, the nonexclusive right, power and authority to construct, maintain and use electric
lines consisting of towers, masts, poles, cross-arms, guys, braces, feeders, transmission and
distribution wires, transformers and other electrical appliances (hereinafter "Electric System") on,
along, across and under the highways, streets, alleys, and bridges (hereafter "Public Ways") as
identified in Exhibit A to this Ordinance and to do local electric business in the City of
Muskegon, Muskegon County, Michigan, for a period of five years. Notwithstanding the term of
this agreement, it is revocable at will in accordance with the Michigan State Constitution,
Article 7 Section 25.
B. Location in Public Ways. To the maximum extent possible, Grantee shall place
its electrical system on, within, and along existing utility facilities in the Public Ways.
C. Lease. Grantee shall not lease or sublease any portion of its electrical system
within the city to a person who by law is required to obtain the City's permission or consent to
transaction business in the City and who lacks such permission or consent. Grantee shall not
allow the property of a third party or non-electrical system wires or any other facilities to be over
lashed, affixed or attached to any portion of its electrical system or allow other actions with a
similar result without the written consent of the City Manager or that person's designee.
Section 2. Use of Public Rights-of-Way by Grantee
A. No Burden on Public Ways. Grantee and its contractors, subcontractors and the
Grantee's Electric System shall not unduly burden or interfere with the present or future use of
O:\CLERK\KUNDINGER\WORD\ELECFRANCHISEAGREE.DOC
Commission Meeting Date: January 11, 1999
Date: December 16, 1999
To: Honorable Mayor and City Commissioners~
From: Planning & Economic Development
RE: Rezoning request for property located at 270-318 Apple Ave.
SUMMARY OF REQUEST:
Request to rezone property located at 270-318 Apple Ave., between Fork and Emerald
Streets, from B-2, Convenience and Comparison Business to B-4, General Business.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission concurred with staffs recommendation to deny the request
and also recommended that staff waive the application fee if the applicant returns with
a request for a Planned Unit Development for the site. The Committee of the Whole
will review the request at their 1/10 meeting.
12/16/1999
CITY OF MUSKEGON
RESOLUTION #2000- 13 ( e)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 270-318 Apple Ave., between Fork and Emerald
Streets, from B-2, Convenience and Comparison Business to B-4, General Business was considered
by the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on December 15,
1999, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan, and also recommended that staff waive the
application fee if the applicant returns with a request for a Planned Unit Development for the site;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 11 th day of January, 2000.
Ayes: Benedict, Nielsen , Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None.
Absent: None
I hereby ce1tify that the foregoing constitutes a hue and complete copy of a resoiution adopted by the
City Commission ofthe City of Muskegon, County of Muskegon, Michi, an, at a regular meeting held
on January 11, 2000. ~ ~~ ~
Gail Kundinger, CMC/AAE~
Clerk, City of Muskegon
12/16/99 2
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City of Muskegon
Planning Comnission ~E
Case#99-52 s
RT= Tw:i-Family Residential
RM-1 = Low Density Multiple-Family Residential
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Staff Report (Excerpt)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
December 15, 1999
Hearing; Case 99-52: Request to rezone property located at 270-318 Apple Ave.
(between Fork and Emerald Streets) from B-2, Convenience and Comparison Business
to B-4, General Business, by Clifford Dobben.
BACKGROUND
Applicant: Clifford Dobben/Phillip Johnson II
Address/Location of Subject Property: 270-318 Apple Ave. (between Fork and Emerald Sts.)
Use: vacant
Current Zoning: B-2, Convenience and CompaTison Business
Proposed Zoning: B-4, General Business
STAFF OBSERVATIONS
1. This property has been formerly used as a car dealership, a furniture store/outlet, mobile
home sales lot, and is currently vacant.
2. The potential purchaser of the prope1ty would like to use it for auto sales and service.
Auto service is allowed in the B-2 zoning district, under special use permit. Auto sales is
only allowed in the B-4 zoning district, under special use permit. If this rezoning is
approved, the potential purchaser must also apply for a special use permit for the
propeity. If this rezoning is denied, the potential purchaser would be able to use the
prope1ty for auto service, NOT auto sales, but would still have to apply for a special use
permit for the prope1ty.
3. The Future Land Use Map shows the subject property as "Downtown/Lakeshore
Redevelopment Area".
4. The Master Land Use Plan states:
• It is the goal of the Master Plan to maintain the residential integrity of the sub-area,
while setting aside small segments suitable for commercial and industrial uses in a
highly compatible, non-threatening fashion.
• Strip commercial development of a mixed variety is found along Apple Avenue near
the US-31 and Getty Street intersections. This development is consistent with those of
the adjoining sub-areas. Isolated commercial parcels are found along Apple
throughout its length.
• Apple Avenue is likely to experience additional demand for increased commercial
use.
• Apple Avenue lacks a comprehensive streetscape program.
5. The Master Plan recommends for this sub-area:
• A comprehensive streetscape program should be prepared and implemented for Apple
Avenue.
• Clustered commercial development should be confined to the US-31 and Getty Street
intersections, consistent with similar development identified in Sub-Areas 3 and 4.
6. A rezoning from B-2 to B-4 would allow more intensive commercial uses on this site,
some of which may not be appropriate for the site.
ORDINANCE EXCERPT
ARTICLE XIII - B-4 GENERAL BUSINESS DISTRICTS
PREAMBLE
The B-4 General Business District is designed to provide for a wide variety of business activities including
automotive services and goods, and is generally incompatible with the uses in the B-1, B-2, and B-3 Business
Districts. Placement along presently developed major traffic mteries prevents the conflict of traffic and
pedestrian movement since the General Business District is characterized by a minimum of pedestrian flow.
The B-4 General Business Districts have been located in areas designated on the adopted Land Use Plan.
SECTION 1300: PRINCIPAL USES PERMITTED
In the B-4 General Business 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
providing in this Ordinance:
1. Veterinarian clinics, without outdoor kennels.
2. Bus passenger stations.
3. Stores selling second hand merchandise.
4. Funeral homes.
5. Automobile car wash, when completely enclosed in a building.
6. Auto service stations for the sale of gasoline, oil, and accessories, subject to the following:
a. The curb for ingress and egress to a service station shall not be permitted at such location that
will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall
be no less than twenty-five (25) feet from a street intersection (measured from the road right-
of-way) or from adjacent residential districts.
b. The minimum lot area shall be ten thousand (10,000) square feet, and so arranged that ample
space is available for motor vehicles which are required to wait.
2
c. Major automobile repair, engine and body repair, steam cleaning and undercoating may be
allowed when conducted on the site, and said uses shall be within a completely enclosed
building. The storage of wrecked automobiles on the site shall be obscured from public view.
No automobile or vehicle of any kind shall be stored in the open for a period exceeding one
(1) week.
d. All rest rooms doors shall be shielded from adjacent streets and residential districts.
e. Dispensing pumps shall be set back twenty (20) feet from the right-of-way line.
7. Self service laundty and dry cleaning establishments.
8. Amusement, entertainment, and recreational, including bowling alleys and skating rinks.
9. Storage of non-hazardous and non-toxic materials or goods provided such storage is within a building
or is enclosed as not to be visible to the public from any abutting residential district or public street.
I 0. Theaters, when completely enclosed.
11. Banks, with or without drive-in facilities.
12. Restaurants and cocktails lounges.
13. Motels and hotels.
14. Residential uses as part of a building in this business zone shall be allowed upon issuance of a
Certificate of Occupancy from the Department of Inspections, but provided that the minimum lot area
requirements of the RM-3 District are met.
15. Assembly of small parts provided that there shall be no machining, painting, cutting, grinding, or
welding of parts.
16. Principal Use as pe1mitted in B-2 Districts.
17. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
18. Uses similar to the above Principal Uses Permitted.
SECTION 1301: 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. A site plan shall not be required when there is no change to buildings or existing
facilities.
I. Sales space for the sale of new and used automobiles, house trailers, travel trailers, and recreational
vehicles, subject to the following.
a. Ingress and egress to the outdoor sales area shall be at least sixty (60) feet from the
intersection of any two (2) streets:
b. No major repair or major refinishing shall be done on the lot, such use of land being only
permitted in the 1-1 or 1-2 Industrial Districts.
3
2. Flea markets and auctions.
3. Business in the character of a drive-in restaurant or open front store, subject to the following:
a. A setback of at least sixty (60) feet from the street right-of-way line of any existing or
proposed major thoroughfare shall be maintained.
b. Ingress and egress points shall be located at least sixty (60) feet from the intersection of any
two (2) streets.
4. Outdoor recreational space for amusement parks, miniature golf courses, and other outdoor recreation
activities subject to the following:
a. Amusement parks or amusement facilities must be fenced on all sides with a four foot six
inch (4'-6") high wall or fence.
b. Adequate parking shall be provided off the road right-of-way and shall be fenced with a four
foot six inch (4'-6") high wall or fence where adjacent to the use.
5. Outdoor theaters subject to the following conditions:
a. Points of ingress and egress for the outdoor theater shall be on major thoroughfares and shall
not be accessible from any residential street.
b. All vehicles waiting or standing to enter the facility shall be provided off-street waiting space.
No vehicle shall be permitted to wait or stand within a dedicated road right-of way.
6. Private clubs, lodges, social and similar facilities.
7. 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 (1)
foot for each foot of building that exceeds the maximum height allowed.
8. Commercial Kennels.
9. Mini Storage (warehouse facilities); (amended 10/98)
a. The parcel shall have direct access to a major thoroughfare.
b. One (I) parking space shall be provided for each twenty (20) rental units within the
buildings, and one (1) parking space shall be provided for each employee on site.
c. Between warehouses, there shall be a minimum of twenty five (25') feet for internal
access drives. Traffic direction and parking shall be designated by signaling or
painting.
4
d. The lot area used for parking and access shall be provided with a permanent,
durable, dustless surface and shall be graded and drained so as to dispose of all
surface water.
e. All lighting shall confo1m to section 2319 of this ordinance.
f. A ten foot landscaped berm shall be required in the front setback of areas adjacent to
any residential zone or use.
g. Retail, wholesale, fabrication, manufacturing, or service activities may not be
conducted from the storage units by the lessees.
h. Storage of goods shall be limited to personal property with no commercial
distribution allowed and no operation which requires the regular delivery or pick-up
of goods in truck in excess of one and one-half (1.5) ton rated capacity shall be
pennitted.
i. All storage shall be within the enclosed building area. There shall be no outside
storage or stockpiling.
j. No storage of hazardous, toxic, or explosive materials shall be permitted at the
facility. Signs shall be posted at the facility describing such limitations.
10. Accessmy uses and accessory buildings customarily incidental to the above Special Land Uses
Permitted.
11. Uses similar to the above Special Land Uses Permitted.
12. Non-accessory signs provided that the signs conform to Section 2308 (1) (f) of this code.
SECTION 1302: PLANNED UNIT DEVELOPMENTS
Planned Developments may be allowed by the Planning Commission under the procedural guidelines of Section
210 I. The intent of Planned Unit Developments in the B-4 General Business Districts is to allow mixed land
uses, which are compatible to each other, while prohibiting nonresidential uses which would not be compatible
or harmonious with residential dwellings or permitted commercial uses.
SECTION 1303: AREA AND BULK REQUIREMENTS
See Article XXI, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot
permitted by land use, and maximum density permitted.
RECOMMENDATION
Staff recommends denial of the rezoning request. It is not consistent with the Master Plan or
the City's goals of downtown redevelopment. The Master Plan recommends that B-4 (strip
commercial) uses should be restricted to established commercial corridors such as Sherman
Blvd, Laketon Ave. and Hemy St.
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
5
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from
the approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding property.
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland, historic
sites, or wildlife areas.
6
Date: December29,1999
To: Honorable Mayor and City Commissioners
From: Public Works - Water Filtration
RE: Annual Water Treatment Chemical Bids
SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidders to supply
aluminum sulfate, sodium hypochlorite, and fluoride for the Water
Filtration Plant.
FINANCIAL IMPACT:
Annual cost of $70,270.00 (based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bid
received and the contract renewals and enter into contracts with General
Chemical, Alexander Chemical, and Lucier Chemical for aluminum
sulfate, sodium hyopchlorite, and fluoride respectively.
COMMITTEE RECOMMENDATION
9/18/97
MEMORANDUM
12129199
TO: R. KUHN, DPW
FROM: R. VENEKLASEN, WFP
RE: CHEMICAL BIDS - WATER FILTRATION PLANT
BACKGROUND
In 1996 the Water Filtration Plant began the process of competitively bidding water
treatment chemicals jointly with the Cities of Grand Haven, Grand Rapids, Wyoming and
Holland. The original bids (1996) allowed for mutually agreed upon annual contract
renewal. Subsequent bids have also allowed for contract renewal.
HISTORICAL CHEMICAL COSTS
This process worked in the City's favor as the costs for treatment chemicals over the
past four years have remained low. This is best indicated in the following table:
YEAR ALUMINUM SULFATE CHLORINE FLUORIDE
1989 138.08 450.00 207.33
1990 141.79 460.00 160.00
1991 144.65 330.00 152.72
1992 143.00 235.00 150.88
1993 138.92 375.00 153.00
1994 136.89 375.00 165.00
1995 136.80 360.00 153.50
1996 (6 mos.) 136.29 395.00 138.80
1997 125.00 332.00 129.00
1998 125.00 332.00 (7 months) 129.00
1999 125.00 107.67 141.50
NOTE: Began use of Sodium Hypochlorite as disinfectant in 1998.
In January of 1998 joint bids were released for Sodium Hypochlorite with the Cities of
Wyoming and Holland as they, along with Muskegon, are the only Plant that use
Hypochlorite. Again the process was successful and a favorable cost was obtained for
the Hypochlorite.
The historical annual average chemical usage in tons, based on average pumpage is:
CHEMICAL TONS
Aluminum Sulfate 210
Sodium Hypochlorite 300
Fluoride 70
CHEMICAL BIDDING FOR 2000
1999 was the third, and last, year of the original bids for Aluminum Sulfate and is the
second year for Hypochlorite. Fluoride was re-bid for 1999 in the same three-year
format.
The Fluoride supplier, Lucier Chemical, Inc. (LCI), has indicated that they will honor the
current price of $141.50 per ton for 2000. The Sodium Hypochlorite supplier, Alexander
Chemical has indicated that they will also honor the current price of $107.67 per ton for
next year.
The Aluminum Sulfate suppler, General Chemical, indicated they would not be extending
the current three year contract for a fourth year. Aluminum Sulfate was jointly bid for
2000, with the following results:
SUPPLIER YEAR GR. ONLY WM COOP GR&WMCOOP
General Alum & Chem. 1 $148.99 $148.99 $148.50
(GAG) 2 No Bid No Bid No Bid
General Chemical 1 No Bid No Bid $136.50
2 No Bid No Bid 136.50
Mays Chemical Co. No Response
Rowell Chemical No Response
The results display that General Chemical is the low bidder for the cooperative joint
purchasing group at a cost of $136.50 per Ton for a two-year period.
SUMMARY
The joint cooperative chemical bids for 2000 are as follows:
CHEMICAL SUPPLIER COST
Aluminum Sulfate General Chemical $136.50
Sodium Hypochlorite Alexander Chemical $107.67
Fluoride Lucier Chemical $141.50
*The prices are "per ton" FOB each location.
RECOMMENDATION
It is my recommendation that the Mayor and City Commission endorse the three low
bids received with the joint purchase approach; for aluminum sulfate, sodium
hypochlorite, and fluoride, respectively.
BID FORM
City of Grand R;.pids, Purcha~ing Department
300 Monroe, N.\V. (Rm. 720), Grand Rapids, MI 49503
Linda Satchfield Conners, Purchasing Agent/Director (616) 456-3173
Bid O;,ening: _ 1_2 -_1__:3_-..:..9..:..9_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 11 :00 a.m. (Late bids will not be accepted)
•
-.... , ••
Bid Ref. #: _ __:8..:8.:.5_-7:...7:...-..:0::3:..__ _ _ _ _ _ _ _ _ For:__:C,,,H"'EM""'I"'C"'AL"'S.,_•.__.Ab!,La,UMU1JINwl.u,JML08c1.1JJ1,.T.FJ!.JAs.:.TuE1.. .__ __:___ __
Department: _ _LAK __ E_M_I_F_I_L_TRA_T_I_0_N_ _ _ _ _ _ Contact: __B_UY_E_R_ _ _ _ _ _ _ _ _ _ _ __
Buyer: LINDA SATCHFIELD
I ITEM - QUANTITY - DESCRIPTION UNIT PRICE EXTENSION I
BIDS ARE REQUESTED FOR A TERM CONTRACT FOR THE PURCHASE OF LIQUID ALUMINUM SULFATE AS PER THE
SPECIFICATIONS CONTAINED HEREIN. .
YEAR! YEAR2
CITY OF GRAND RAPIDS OPTION 1:
1. 830 TONS LIQUID ALUMINUM SULFATE, WEIGHT $_ _ _ /TON $_ _ _ /TON
SHALL 'lE BASED ON DRY WEIGHT (17%)
GENERAL GENERAL CHEMICAL CORPORATION BRAND
SPECIFY MANUFACTURER CHEMICAL PRODUCT NAME LIQUID ALUMINUM SULFAT'i3ID.
CORPORA I ION
STATE DELIVERY DAYS FROM PLACEMENT OF ORDER _ _,_1-..,2~---fAL. DAYS
WEST MI CID GAN COOPERATIVE PURCHASE AGENCIES OPTION lA: '
IA. 1,170 TONS LIQUID ALUMINUM SULFATE, WEIGHT $._ _ _ /TON $_----'_ /TON
SHALL BE BASED ON DRY WEIGHT (17%)
GENERAL GENERAL CHEMICAL CORPORATION BRAND
SPECIFY MANUFACTURER CHEM ICAL PRODUCTNAMELIQUID ALUMINUM SULFATEBID.
CORPORATION
STATE DELIVERY DAYS FROM PLACEMENT OF ORDER _ _ _1_-_2_ _ CAL. DAYS
CITY OF GRAND RAPIDS AND THE WEST MICHIGAN
COOPERATIVE PURCHASE AGENCIES TOTAL OPTION lB:
IB. 2,000 TONS LIQUID ALUMINUM SULFATE, WEIGHT * $ 136.50 /TON $ 136,so /TON
SHALL BE BASED ON DRY WEIGHT (17%) (BASIS 17% AL2o )
3
GENERAL GENERAL CHEMICAL CORPORATION BRAND
SPECIFY MANUFACTURER CHEM ICAL PRODUCT NAME LIQUID ALUMINUM SULFATIBID.
. mF~MIOO
STATE DELIVERY DAYS FROM PLACEMENT OF ORDER __1,.__-_._2_ _ _CAL. DAYS
BIDDERS ARE REQUIRED TO SUBMIT MATERIAL SAFETY DATA SHEETS, ALUMINUM TRIHYDRATE
CERTIFICATION, ANSI/NSF CERTIFICATION, AND COMPLETE ALL THE INFORMATION REQUESTED WITH THE BID;
FAILURE TO DO SO MAY RESULT IN THE BID BEING REJECTED AS NON-RESPONSIVE.
1-2 DAYS
DELl\'ERY/COMPLETIO:', TIME RECEIPT OF ORDER F,O,B. Delivered, Freight Included. CASH DISCOUNTS will be allowed for prompt payment as
follows· --0- % cash discount if paid within 30 days or more from delivery and acceptance of goods or completion of servic1:. [See Item Cash Discounts under General
Conditions, Instructions to Bidders]
J hereby state that: I) all of the infonnation I have provided is true, accurate and complete, and 2) that I have authority to siibmit this bid. which will become a binding contract, if
accepted by the City, 3) that l have not communicated with, nor accepted anything of value from an official or employee of the City that would tend to destroy or hinder free
compcrition, and 4) that 1ba,·e read, and understand and agree to be bound by all of the tenns in this bid document
GENERAL CHEMICAL CORPORATION BIDDER SHALL SIGN HERE
Name of Company, Corporation, etc.
90 EAST HALSEY ROAD
Street Name & Number
PARSIPPANY. NJ
City & Stale
07054
Zip Code
By: '¥7/~
Name: MARY R. VERRONE
Date DECEMBER 6 1 1999 Phone 800-631-8050
-·. rnr-l"IAI lt"T ,...,rTnUrn rr-nu,,..r- C-Vl"TC'U
BID REF# 885-77-03
PAGE2
TERMS & CONDITIONS
Bidders are requested to complete information requested herein; Failure to do so may result in the bid being rejected as non-
responsive. The City reserves the right to use responses to these questions in the award of the bid. ·
CONTRACT TERM · · · · · . · ·· . · . ·
THE CONTRAC'.f TERM SHALL BE FOR A ONE-YEAR PERIOD, WITH ONE, ONE YEAR RENEWALS AVAILABLE UPON ·
APPROVAL OF THE PURCHASING AGENT. . . . .
PRICES
SHALL REMAIN FIRM FOR EACH YEAR OF THE CONTRACT.
RENEWAL OPTIONS
THE CITY RESERVES THE RIGHT TO RENEW TI!E CONTRACT FOR TWO ADDITIONAL ONE(!) YEAR TERMS AT THE
PRICES CONTAINED HEREIN UPON APPROVAL OF THE PURCHASING AGENT.
QUANTITIES
HEREIN SHALL BE FOR COST ANALYSIS ONLY AND ARE NOT A GUARANTEE OF MINIMUM OR MAXIMUM
QUANTITIES TO BE PURCHASED BY THE CITY.
ORDERS
SHALL BE PLACED TO RELEASE ITEMS LISTED HEREIN ON AN "AS NEEDED" BASIS FRO,M THE ORDERING
DEPARTMENT, IN LOTS OF 12 CYLINDERS PER SHIPMENT. ~
ALL SHIPMENTS SHALL BE F.O.B. DELIVERED, FREIGHT INCLUDED.
STANDARD DELIVERY:
THE VENDOR SHALL DELIVER BID ITEMS, MONDAY THROUGH FRIDAY 9:00 A.M. - 2:00 P.M. EST; EXCLUDING
HOLIDAYS. TI!E VENDOR SHALL DELIVER ITEMS TO EACH LOCATION ORDERING THE ITEMS. THE CITY OF
GRAND RAPIDS AS WELL AS COOPERATIVE PURCHASE AGENCIES MAY HAVE MORE TIIAN ONE DELIVERY
LOCATION. WHILE EVERY EFFORT SHALL BE MADE TO CONSOLIDATE SHIPMENTS, THE VENDOR SHALL BE
AWARE 111AT DELIVERIES MAY BE FREQUENT, AND TO MULTIPLE LOCATIONS THROUGHOUT THE WEST
MICHIGAN AREA. EVIDENCE OF TANKER WASHOUT AND NSF SHIPMENT SHALL BE PROVIDED WITH EACH
DELIVERY.
EMERGENCY DELIVERY:
THE CONTRACTOR SHALL DELIVERY "EMERGENCY" (AS DETERMINED BY THE INDIVIDUAL PROJECT
MANAGERS) RELEASES WITHIN(!) ONE WORKING DAY OF REQUEST. THE CONTRACTOR SHALL ADVISE THE
REQUESTING DEPARTMENT OF APPROXIMATE CHARGES AND OBTAIN TI!E DEPARTMENTS APPROVAL, PRIOR TO
FILLING THE ORDER.
STANDARD DELIVERY:
THE VENDOR SHALL DELIVER THE GOODS, MONDAY THROUGH FRIDAY 9:00 A.M. - 2:00 P.M. EST. EXCLUDING
HOLmAYS. THE VENDOR SHALL BE AWARE 111AT DELIVERIES MAY BE FREQUENT .
•
EMERGENCY DELIVERY:
THE CONTRACTOR SHALL DELIVERY "EMERGENCY" (AS DETERMINED BY THE PROJECT MANAGER). THE
CONTRACTOR SHALL ADVISE THE REQUESTING DEPARTMENT OF APPROXIMATE CHARGES AND OBTAIN nIE ·
DEPARTMENTS APPROVAL, PRIOR TO FILLING THE ORDER.
BID REF# 885-77-03
PAGE3
TERMS & CONDITIONS
AWARD CRITERIA/BIDDER SELECTION:
THE SELECTION OF THE SUCCESSFUL BIDDER WILL BE BASED ON A COMBINATION OF FACTORS WIIlCH, IN THE
CITY'S OPINION, WILL BEST SERVE THE CITY'S INTEREST IN OBTAINING THE DESIRED SERVICE LEVELS.
FACTOR,s THAT WILL BE CONSIDERED, BUT SHALL NOT B.E LIMITED TO ARE:
A. DELIVERYtIME
B. PRICES
C. RESPONSIVENESS TO THE BID.
D. QUALITY OF GOODS BID
THE CITY RESERVES THE RIGHT TO ACCEPT OPTION #1, #IA, OR #IB, AND TO SPLIT THE AWARD TO ONE OR
MORE VENDORS.
ALL RESPONSES SHALL BE CONTAINED WITHIN THIS FORM, NO SEPARATE SCHEDULES SHALL BE
RECOGNIZED. THE CITY SHALL NOT BE BOUND BY ANY PART(S) OF ANY BIDDER'S RESPONSE TO THE BID
WHICH CONTAINS INFORMATION, OPTIONS, CONDITIONS, TERMS, OR PRICES NOT REQUESTED NOR REQUIRED
IN THE BID.
PROJECT MANAGER:
THE PROJECT MANAGER WHEN HEREINAFTER USED SHALL REFER TO THE ADMINISTRATOR OR DESIGNATED
REPRESENTATIVE RESPONSIBLE FOR THE FACILITIES AS DEFINED HEREIN AND WILL Bjl THE CONTACT PERSON
FOR THE SUCCESSFUL CONTRACTOR FOR DAY-TO-DAY OPERATIONS. THE PURCHASING DIRECTOR AND
PURCHASING PROJECT BUYER WILL SERVE AS CONTACTS FOR ALL CONTRACTUAL ISSUES.
PRODUCT SUPPLY:
CONTRACTOR SHALL GUARANTEE AN ADEQUATE SUPPLY OF ALL COMMODITIES I SERVICES BID FOR THE CITY
USE AS SPECIFIED HEREIN, A'.ND AT THE PRICES BID, UNDER ALL MARKET CONDITIONS FOR THE LIFE OF THE
CONTRACT. . . . .
INVOICING:
ORIGINAL INVOICE AND TWO COPIES SHALL BE SUBMITTED TO THE USING DEPARTMENT WITHIN 7 DAYS OF
DELIVERY TO AND ACCEPTANCE OF GOODS. INVOICES SHALL INCLUDE THE FOLLOWING INFORMATION:
A. UNIT COST AND TOTAL COST OF GOODS
B. NAME OF THE AGENCY/DEPARTMENT GOODS WERE DELIVERED TO
C. AGENCY I DEPARTMENT PURCHASE ORDER NUMBER
D. DELIVERY AND INVOICE DATES
ALL INVOICING OF GOODS AND SERVICES RELATED TO THE PROJECT SHALL BE FORWARDED THE USING
AGENCIES PROJECT MANAGER.
THE CITY OF GRAND RAPIDS OR COOPERATIVE PURCHASE AGENCIES.
WE WlLL SUPPLY THE COMMODITIES AND/OR SERVICES ON THIS BID, AT THE PRICES AND TERMS AS
SPECIFIED HEREIN, TO THE CITY OF GRAND RAPIDS DEPARTMENTS, AND OTHER AUTHORIZED LOCAL
UNITS OF GOVERNMENT AS CONTAINED HEREIN, YES X NO_ _•
company name
MARY R. VERRONE SPECIALIST, CUSTOMER SERVICE SYS,.!T.,::EM.,____,~,£-;~~;&:e:7--..WV,IM-~ f-fu l {
d~~
Eva Shannon _
Social Security No. ~ / / ~ ~ ?/~6
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
G:\COMMONl51GTJ\C-RLESnSHANNON.PA -4-
TRANSNATION TITLE INSURANCE COMPANY
Date: June 8, 2000
Escrow Number: 409221
Property Address: Vacant Land Cross
Muskegon, Michigan
ELLER'S TATEME N T
DEBIT CREDIT
Purchase Price I• I• 3,510.00
I I
I I
EX I ST! NG LOAN I I
Deposit of earnest money I 3,510.00 I
CLOSIUG FEES I 150.00 I
O\.iNERS PREMIUM I 150.00 I
Recording Fees I 9.00 I
Reot Estate Corrmission I I
Sub Total I• 3,819.00 I• 3,510.00
Receipt due from Setler I I• 309.00
TOTALS $ 3 819.00 $ 3 819.00
**********************************************************************************************************************************
The undersigned Sellers acknowledge Receipt of a copy of this
statement and agree to the correctness thereof, nnd ratifies
the disbursement of the funds as stated therein.
Seller(s) Signature{s):
City
A. Hale, Asst. Planner
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment II 409221
COUNTY OF Muskegon
jss
That City of Muskegon, a Municipal Corporation being first duly sworn on oath says
that they are the true and lawful owner(s) of the premises located at:
Vacant Land Cross
Muskegon, Michigan
AND
L That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materials furnished, out of which a mechanic's lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even date hereof.
3. That the parties in possession other than the affiant(s) are bonafide tenants
only and have no other interest in the prerni ses whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills etc. shall be immediately paid by affiant(s) as soon as informed of such.
Seller(s):
City of Muskegon
Subscribed and sworn to, before me a Notary this St day of June, 2000
BETrv J, DUISER, NOTARY-PUBLIC
MUSKEGON COUNTY, STATE OF MICHIGAN
MY COMMISSION EXPIRES 06/22/01 Notary Public ________ County
My Commission Expires:
SURVEY WAIVER
Date: June 8. 2000
RE: 409221
To: TRANSNATION TITLE INSURANCE COMPANY Property Address:
Vacant Land Cross
Muskegon. Michigan
County: Muskegon
We. the undersigned. purchasers and sellers. of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon.
We have decided. completely of our own volition. not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release TRANSNATION TITLE INSURANCE COMPANY. its employees and/or agents. from
any responsibility and/or liability concerning or pertaining to survey matters. including,
but not limited to size of lot or land. location of boundary line. location of building and
encroachments.
SELLER(S):
City of Muskegon
MUSKEGON REAL ESTATE BOARD
ADDENDUM TO BUY and SELL AGREEMENT
Date: June 8, 2000,
Office of Phone REALTOR, MUSKEGON, Ml
1. Addendum to Buy Sell Agreement dated covering property at Vacant Land Cross,
Muskegon, Michigan and legally described as:
Lot l, Lot 2 and the Northerly 1/2 of Lot 3, Block 137, Revised Plat (of 1903) of
the City of Muskegon, as recorded in Li ber 3 of Plats, Page 71, Muskegon County
Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement, which is
amended as follows:
Sel'ler to pay all closing cost including the recording of the deed.
3. RECEIPT IS ACKNOWLEDGED BY BUYER of a copy of
~-~
Witriessf
4. RECEIPT IS ACKNOWLEDGED BY SELLER of a copy of this Agreement.
~~~
Witness 1
City of Muskegon
Commission Meeting Date: January 11, 2000
Date: January 5, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Buildable Lot on Morgan Street in Marquette
SUMMARY OF REQUEST:
To approve the sale of the vacant buildable lot described as map number 24-31-21-
202-008 to Timothy A. Richards of 1071 Marquette Ave. Mr. Richards intends to build
a 2,200 square foot single-family home with an attached 3 car garage. The appraised
value of the parcel is $5,000 and Mr. Richards submitted the only bid of $5,100. Staff
recommends approval of the sale contingent upon Mr. Richards following through with
the design of the house as presented to staff and the LRC.
FINANCIAL IMPACT:
The sale of the parcel will relieve the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the sale with the aforementioned contingency, as well
as, authorization for both the Mayor and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
The LRC endorsed the sale of the property with the above contingency at their
November meeting.
1/5/2000
Resolution No. 2000- 13 ( h )
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON MORGAN STREET
IN MARQUETTE FOR $5,100.
WHEREAS, Mr. Timothy Richards has submitted the only bid of $5,100 for the property for
construction of a 2,200 square foot single-family home,
Whereas, Mr. Richards has already placed a $200 good faith deposit for the property identified
by map# 24-31-21-202-008;
WHEREAS, the sale would enable the City to place these properties back on the tax rolls, and
would relieve the City of further maintenance costs;
WHEREAS, sale of the land and subsequent construction of the home would be in accordance
with existing City policies and those of HUD, concerning the disposition of Urban Renewal
lands;
NOW THEREFORE BE IT RESOLVED, map# 24-31-21-202-008 be sold to the above-
mentioned buyer contingent upon the house design presented to staff and the LRC.
(Urban Renewal Plat No 4 Lots 870 to 872)
Adopted this J....J....lli_ day of January, 2000
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslak son
Nays: None
Absent Non e
By ¾ ~ • •
,A :- J.ifels~ M~yor
Attest:~~~ - ~ O J - V '~
Gail.l(undinger '! erk
CERTIFICATION
I hearby certify that the foregoing constitutes a trne 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 January 11, 2000. /
By: ~ K,___,l....~
' Gail Kundinger,lerk
·is 1004:>s z .......
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QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose address is
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to TIMOTHY RICHARDS, a married man, of 107 1 Marquette, Muskegon, MI 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lots 870 to 872 Urban Renewal Plat No. 4;
for the sum of Five Thousand One Hundred ($5, I 00) Dollars.
PROVIDED, HOWEVER, Grantee, or his assigns, shall substantially complete construction of a single-family home on the premises
herein conveyed, up to all codes, within eighteen (18) months after the date hereof. In default of such construction, title to the
premises shall revert to the City of Muskegon free and clear of any claim of Grantee, or his assigns; and, in addition thereto, the City
of Muskegon may retain the consideration for this conveyance free and clear of any claim of Grantee, or his assigns. "Complete
construction" means: (I) issuance of a residential building permit by the City of Muskegon; and, (2) in the sole opinion of the City of
Muskegon's Director of Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title of the above described premises, improvements made thereon shall become the property of the Grantor.
Furthermore, Grantee has covenanted that the home shall be owner occupied for five (5) years from the date of this deed.
This deed is exempt from real estate transfer tax pursuant to the provisions of MCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this _//id_ day of Fo6c ua V, ,2000.
Signed in the presence of: CITY OF MUSKEGON
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this //tlr
day of cu ~ Fe.Ji , 2000, FRED J.
NIELSEN and GAIL A. KUNDINGER, Mayor and Clerk, respectively, of the C ITY OF MUSKEGO ~ a municipal corporation, on
behalfofthe City.
PREPARED BY: G. Thomas Johnson
G. Thomas Johnson, Parmenter O'Toole t.i'li a
175 W. Apple Ave., MI 49443-0786 My commission expires:_~
9 _-~,x
_ v-~ - ~o~,;i..
_ _ _ _ _ _ __ _
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
G:\COMMON\5\GTJ\C-RLEST\RICHARDS .QCD
REAL EST ATE PURCHASE AGREEMENT
THIS AGREEMENT is made January 11 , 2000, by and between the CITY OF
MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon, Michigan 49440
("Seller"), and TIMOTHY RICHARDS, a married man, of 1071 Marquette, Muskegon.
Michigan 49442 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
Lots 870 to 872 of Urban Renewal Plat No. 4.
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Five Thousand One Hundred Dollars ($5,100), payable, in cash, to Buyer at Closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments which become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance, issued by Transnation Title Insurance Company, for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners title policy shall be
paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises a single family home, up to all codes, within eighteen (18) months of the closing of this
transaction. The home shall be substantially completed by that time and, in the event said
substantial completion has not occurred, in the sole judgement of the City, the property and all
G:\COMMON\5\GTJ\C-RLEST\RICHARDS.PA - 1-
improvements then installed shall revert in title to the City, without any compensation or credit to
Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after the
closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this agreement, and paying the cost of such survey. Buyer may elect to purchase
the Premises subject to said encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises and, to the best of Seller's knowledge, the Premises and the groundwater
beneath the Premises is free from environmental contamination of any kind.
c. To the best of Seller's knowledge, the Premises does not include any
"underground storage tank," as that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the Closing. The representations, warranties and covenants set forth in this paragraph shall
survive the Closing.
8. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT, ALSO SUBJECT TO THE WARRANTY OF BUYER THAT NO
HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE PREMISES. BUYER
FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED THE PREMISES AND IS
SATISFIED WITH THE CONDITION OF THE LAND, AND THE BUILDINGS AND
IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING PURCHASED AS A
G:\COMMON\5\GTJ\C-RLESnRICHAROS.PA -2-
RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT DUE TO ANY
REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER.
9. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
10. Closing. The closing date of this sale shall be on or before March 1 h
2000 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
11. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
12. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
13. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
14. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear title to the extent required by this Agreement. Buyer shall pay for the
cost of recording the deed to be delivered at Closing.
15. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
G:\COMMON\5\GTJ\C-RLEST\RICHARDS.PA -3-
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES: / / SELLER: CITY OF MUSKEGON
cJ&-mfl u__
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: F~d~LF
GaiiA.Kundinger, Clerk
BUYER: ~
., .. °"- \~
Timothy'chrds
Social Security No. 35"3
'utvJ¼r(
··/5?- - 08~0
Deborah Harrison
Drafted by: Business Address:
PARMENTER OTOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
G:\COMMON\5\GTJIC-RLESTIRICHARDS.PA -4-
Commission Meeting Date: January 11, 2000
Date: January 3, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development (iJ&
RE: Purchase of Property from Lakeshore Yacht Harbor for the
Muskegon Lakeshore Trail
SUMMARY OF REQUEST:
Approval of resolution and purchase agreement for property owned by the Lakeshore
Yacht Harbor, which is required for the Lakeshore Trail (see enclosed map). The
purchase price is $5,300.00 which is the appraised value of the property. Through this
agreement, the City will also be agreeing to construct a fence along the property which
matches the current wrought-iron fencing, as well as agreeing to match existing lighting
and security on the fence. The purchase agreement has already been signed by the
Lakeshore Yacht Harbor.
FINANCIAL IMPACT:
Purchase will allow the Lakeshore Trail project to continue. The price for the property
is $5,300.00 and the purchase will be completed with funds received from the sale of
the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the
purchase according to the terms of the agreement.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review the request at their 1/1 O meeting.
1/3/2000
CITY OF MUSKEGON
RESOLUTION #2000-13( i)
RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY
WHEREAS, the City of Muskegon is in the process of purchasing properties for the Muskegon
Lakeshore Trail project, and the Lakeshore Yacht Harbor property has been identified as
necessary for the project;
WHEREAS, the purchase of this property from the Lakeshore Yacht Harbor would allow the
trail project to proceed;
WHEREAS, the City of Muskegon has made a commitment to the Michigan Department of
Natural Resources to purchase specific trail properties as pmt of the conversion of the Chase
Hammond Golf Course property, and the subject property is included in that commitment;
WHEREAS, the Lakeshore Yacht Harbor has signed a purchase agreement for the property at
the price of $5,300.00 for the 16-foot strip (containing approx. 3827.79 square feet);
WHEREAS, the City of Muskegon is agreeing to the provisions of the purchase agreement,
including construction of fencing, lighting and security to match existing;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $5,300.00.
Resolution adopted this 11 th day of January, 2000.
Ayes: Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson
Nays: None
Absent: None
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on January 11, 2000.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By
2000-13(i)
REAL ESTATE PURCHASE AGREEMENT
THISAGREEMENT·ismade January 11, 2000 ~l!ll:l!l,byandbetweeri
LAKESHORE YACHT HARBOR a Michigan Condominium, of 1200 Lakeshore Drive,
Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON, of 933 Terrace Street,
Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title ofreal estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises") specifically described as:
See attached Exhibit A;
subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Five Thousand Three Hundred Dollars ($5,300), payable in cash or City check to Buyer
at closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of closing shall be paid by Seller prior to or at closing. All taxes and special
assessments which become due and payable after closing shall be the responsibility of Buyer;
provided, because the Premises is part of a larger property, the parties agree that Seller shall pay
in full all taxes due in 1999, including those billed on December 1, 1999, and Buyer shall
reimburse Seller for a prorated portion of the said December 1999 tax bill.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance issued by Transnation Title Insurance Company for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment are, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified, or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owners' title policy shall
be paid by Buyer.
5. Personal Property and Fixtures. All personal property and fixtures which Seller
wishes to remove shall be removed on or before closing. Any personal property which is left on
the Premises shall be the property of Buyer who may dispose of same.
G:\COMMON\5\GTJ\C-TRAIL\LKSHARB.PA - 1-
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Agreement. Buyer may elect to purchase the Premises subject to said
encroachment or variation. Further, Buyer has obtained a survey and is satisfied with same,
provided no change has been made to the property since the date of the survey.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under
Michigan law. The Premises may constitute a facility because of historic fill materials in
or in the vicinity of the Premises. Seller is unaware of any plume of contaminated
groundwater in or affecting the Premises.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and covenants set forth in
this paragraph shall survive the closing.
8. Condition of Premises and Examination by Buyer. SUBJECT TO THE
ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR AP ARTICULAR PURPOSE, OR ANY OTHER
IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER
UNDERSTANDS AND AGREES THAT THE PREMISES ARE TAKEN "AS IS," SUBJECT
TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THEWARRANTY
OF SELLER THAT NO HAZARDOUS SUBSTANCES HAVE BEEN PLACED ON THE
PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
G:\COMMON\5\GTJ\C...TRAIL\LKSHARB.PA -2-
PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.
9. Specific Use Provisions. The parties agree to the following use provision and
contingency, which will survive the closing:
9.1 Fences. At the time it installs the trail, Buyer shall construct and maintain a
wrought iron fence along the trail on the property conveyed pursuant to this Agreement. The
fence shall be compatible in design with Seller's existing wrought iron fencing, and shall include
security devices which complement the existing security devices in the fencing on Seller's
remaining property. The fence to be installed by Buyer shall have lighting installed upon it
compatible with the existing lighting on Seller's fence. The fence shall be installed before
removal of the appropriate portion of Seller's fence.
10. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
11. Closing. The closing date of this sale shall be on or before - - - - - - ~
1999 ("closing"). The closing shall be conducted at _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
- - - - - - - - - ~ Muskegon, Michigan. If necessary, the parties shall execute an IRS
closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
closing for the Premises, and accomplish and produce any amendment to a Master Deed as
required.
13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit
of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear and convey marketable title to the extent required by this Agreement or
by the title insurance company, such as, without limitation, an amendment to the Master Deed of
. Lakeshore Yacht Harbor. Buyer shall pay for the cost of recording the warranty deed to be
delivered at closing and the title company fees for closing.
G:\COMMON\5\GTJ\C.TRAIL\LKSHARB.PA -3-
16. General Provisions,
a. Paragraph Headings, The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns, When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger, It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the closing and continue in full force and effect after the
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate PurchaseAgreement the day and year first
above written.
WITNESSES: YACHT HARBOR
//...___,,77;7"=-7t[6 ____ --::;i::::==---
____): 7
G:\COMMON\5\GTJ\C..TRAIL\LKSHARB.PA -4-
BUYER: CITY OF MUSKEGON
By v:l.,".}t,.t,,_,
Fredl.Nfol-b
By ~Q •~
Gail A. Kundinger,Oerk
Drafted by: Business Address:
PARMENTER OTOOLE 175 W. Apple Avenue, P.O. Box 786
BY: G. Thomas Johnson Muskegon, Michigan 49443-0786
G:\COMMON\5\GTJ\C-TRAIL\LKSHARB.PA -5-
EXHIBIT A
The legal description and a survey of the property conveyed is attached.
G:\COMMON\5\GTJ\C-TRAIL\LKSHARB.P A
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16.00'.
NORTI--lEASTERLY LINE
LAKESHORE YACHT HARBOUR
I
I
16' WIDE STRIP OF PROPERTY TO
I
BE PURCHASED FOR BIKE PATH
(3827,79 SFT) (0,088 ACRES)
SB9°0S'E
18 65'
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LAKESHORE YACHT HARBOUR
s37°23•w
61-10-25-100-003 ~ 17.06' ~--
LAKESHORE YACHT HARBOUR RECORDED
IN UBER 1290, PAGE 64 AND AMENDED WESTERN AVE. -~
IN UBER 1295, PAGE 438
RADIUS -= 430.61'
LENGlH .. 156.JJ'
BEARINGS ARE BASED ON LAKESHORE
YACHT HARBOUR AND ARE FROM SOLAR CHORD = 157.44'
OBSERVATION MADE JULY 21, 1978 BRG = sao 0 22·w
P.O.B. - EASTERLY CORNER
LAKESHDRE YACHT HARBOUR
COLE'S QUALITY FOODS
SCALE: 1":a:100'
RE: BIKE PATH ACROSS LAKESHORE YACHT HARBOUR
joiner engineering
A O!vlalon of Dr1oeengo & Aaaoc!otos, Inc.
113 west savidge st.
Danie 0. Pratt P.S. No. 39094 spring lake, michigan 49456
The rolio of closure is within the accuracy of survey os LEGEND phone: (616) 846-1960
required in Act No, 288 of Public Acts of 1967. This O Sol Cone. Mon.
survey complies with the requirements of Section 3 c:I found Cone. Mon. FOR CflY OF MUSKEGON
Public Act 132 of 1970 0 Sot Coppad Iron
0 found Iron IN OF SEC110N 25 T. 10 N. R. 17 W.
This survey was mode from the legal description shown
P. Plolfod OAIT DRAWN BY ORB
obove. The description should be compared with \he I.I. IJeo•urcd 7 17 98
Abstract of TIiie or Tille lrisurance Policy for _accuracy, D. D~crlbarl
easements and exce lioris. · SHEET 1 OF 2 JDS No. J980550-A
Description of a 16 foot wide strip of property to be used for the -Lakeshore Trail Bike Path
across property owned by Lakeshore Yacht Harbour. (Parcel I.D. 61-10-25-100-003).
That part of Lakeshore Yacht Harbour recorded in Uber 1290, Page 64 and amended in
Liber 1295, Page 438, Section 25, Town 10 North, Range 17 West, Muskegon County,
Michigan, described as beginning at the most Easterly corner of said Lakeshore Yacht
Harbour; thence South 37 degrees 23 minutes West along the Southeast line of said
Lakeshore Yacht Harbour 17.06 feet; tl1ence North 32 degrees 28 minutes West 242.22 feet,
being parallel witl1 and 16 feet Southwesterly (measured perpendicular to) of the
Northeasterly line of said Lakeshore Yacht Harbour; thence the following two (2) courses
being along the boundary line of said Lakeshore Yacht Harbour, tl1ence North 57 degrees 32
minutes East 16.00 feet; thence South 32 degrees 28 minutes East 236.30 feet to the point of
beginning. Containing 3827.79 square feet (0.088 acre).
Together with and subject to easements of record,
Joiner engineering
A Dlvlalan of Drl!lH11ogo & Aa11oclat!la, lnc.
113 west savldge sl.
Da u. Pratt P.S. Na, 39094 spring lake, michigon 49456
The r• tio af closure is within the accuracy of survey as l..t..Qf.tlQ phone: (616) 646-1960
required in Ac\ No. 2B8 of Public Acts of 19~7. This • S8t Cone. MM.
survey complies with the requirements or Seclmn 3
Public Ac\ 132 of 1970
•
0
found Cone. Mon .
Sel Coppod Iron
FDR CITY OF MUSKEGON
25 T. 10 N. R. 17 W.
H1is survey was made from the legal description shown •P. found Iron
Ploltad
IN
DATE
OF SECTION
IDRAWN BY DRB
above. The descrip\ion should be compared with the 7/17/98
Abstract of Tille or Title Insurance Policy for accuracy,
e• semen\s and exceptions.
"·
D.
t.leo,ured
Oe.,t!ibed
SHEET 2 OF 2 IJoB No. J980550-A
Commission Meeting Date: January 11, 2000
Date: January 3, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development~
RE: Purchase of Property from Kirksey Investment Corp. for the
Muskegon Lakeshore Trail
SUMMARY OF REQUEST:
Approval of resolution and purchase agreement for property owned by the Kirksey
Investment Corp., which is required for the Lakeshore Trail (see enclosed map). The
purchase price is $60,000.00 which is the appraised value of the property. Through
this agreement, the City will also be agreeing to, at the time of trail construction, lower
the elevation of the berm now existing on the premises. The City will also be agreeing
to lease the lakeward portion of the remaining property from Kirksey for $1.00, and to
construct a fence along the trail, on the non-lakeward side. The purchase agreement
has already been signed by the Kirksey Investment Corp.
FINANCIAL IMPACT:
Purchase will allow the Lakeshore Trail project to continue. The price for the property
is $60,000.00 and the purchase will be completed with funds received from the sale of
the Chase Hammond Golf Course.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends that the Mayor and Clerk sign the resolution and purchase
agreement, and recommends that the City Commission authorize staff to complete the
purchase according to the terms of the agreement.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review the request at their 1/10 meeting.
1/3/2000 1
MUSKEGON LAKE: _I /
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P.O.B.
t!USKEGON LAKE
N34°34 1 Q0 11 \.l
86.43'
~ KIRKSEY PROPERTY
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LAKESHORE YACHT HARBOR \ S88•39' 53'
le.65'
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Description of. property for a proposed· bilte path acros.s property
o.wned by Kirksey. (Parael r.n. 61-10-25-100-002)
'!'.hat part of I3locks 578 and 580 of the Revised Plat of
1903 of tile City of .Muskegon, descril:\ed as commencing at
the SQ\ltheast corner of Lot 4, Block 577 of said Revised
Plat qf 19()3; thence !!outh 88 degrees .40 minutes 42
f;ec.onds West along the N.orth right-of-wa.y line of Western
Avenue 847. 60 f.eet; thence North 01 degree 31 minutes 57
second,s Wt;1.st 256 .10 feet; thence North 32 degrees 02
minutes 28 seconds East 47 .00 feet; thence North 55
dE1.~trees 4.0 mi?i\lte,s 08 second,s Eas.t 89. 20 feet; then.ca
NOl;'th 35 degreE1.s 29 minutes 57 sec,mds West 127. 65 feet;
thence North 02 degrees 27 minutes 17 seconds West 553. 00
feet; thence South 55 degrees 37 minutes 53 seconds West
243 .00 feet.; . thence North 34 degrees 22 minutes 07
seconds West 235.92 feet to the point of beginning;
thence South 50 degrees 44 minutes 04 seconds West 3'29. 75
feet; thence South 20 degrees 19 minutes 09 seconds West
9·6. 30 feet; then.ca South 23 degrees 53 minutes 54 seconds
East 405. 5£, feet; thence North 34 degrees 34 minutes 00
seconds West along the Northeast 1 ine of "Lakeshore Yacht
Har.bor 0 as recorded in Liber 1290, Page 64 and amended in
Lib•r 1295, Page 438, 86.43 feet; thence North 23 degrees
53 minutes 54 seconds West 327 .11 feet; thence North 20 /
degrees 19 minutes 09 seconds East 107.14 feet; thence
North 50 degrees 44 minutes 04 seconds East 335. 70 feet; ·"
thence South 33 degrees 32 minutes 57 seconds East 16.08
feet to the point of beginning. ~ ···
MUSKEGON LAK£
/
I
_J
\
CITY OF MUSKEGON
RESOLUTION# 2000- 13 ( j)
RESOLUTION APPROVING THE PURCHASE OF TRAIL PROPERTY
WHEREAS, the City of Muskegon is in the process of purchasing properties for the Muskegon
Lakeshore Trail project, and the Kirksey Investment Corp. property has been identified as
necessary for the project;
WHEREAS, the purchase of this property from the Kirksey Investment Corp. would allow the
trail project to proceed;
WHEREAS, the City of Muskegon has made a commitment to the Michigan Department of
Natural Resources to purchase specific trail properties as part of the conversion of the Chase
Hammond Golf Course property, and the subject property is included in that commitment;
WHEREAS, the Kirksey Investment Corp. has signed a purchase agreement for the property at
the price of $60,000.00 for the 16-foot strip;
WHEREAS, the City of Muskegon is agreeing to the provisions of the purchase agreement,
including lowering of the be1m elevation at the time of construction, construction of fencing, and
leasing the lakeward_ p01tion of the remaining property;
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon agrees to purchase the
subject property identified in the attached survey and legal description at a cost of $60,000.00.
Resolution adopted this 11 th day of January, 2000.
Ayes: Benedict, Nielsen, Schweifler, Shephe r d , Sieradzki, Spataro, Aslakson
Nays: None
Absent: None
By: l ~
-
sen, Mayor
Attest: ~:::!:::=-~Q
~•:.__L
~ ~~-~
Gail A. Kundinger, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on Januaiy 11, 2000.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By Lo.L- Gail A. Kundinger, CleIC"~
2000-13(j)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made January 11, 2000 lll)ll)l'), by and between
KIRKSEY INVESTMENT CORP., a Michigan Corporation with offices at 1204 W. Western
Avenue, Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON, of
933 Terrace, Muskegon, Michigan 49440 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property ("Premises") specifically described as:
The legal description is attached as Exhibit A;
subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Sixty Thousand Dollars ($60,000), payable in cash to Buyer at closing.
3. Taxes and Assessments. All tll.Xes and assessments which are due and payable
at the time of closing shall be paid by Seller prior to or at closing. AJ( taxes and special
assessments which become due and payable after closing shall be the responsibility of Buyer,
because the Premises is part of a larger property. The parties agree that, in addition, the Seller
shall pay in full all taxes due in 1999, including those billed on December 1, 1999.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) days prior
to closing, a commitment for title insurance issued by Transnation Title Insurance Company for
an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable, the
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten ( 10) days of written notification thereof. If Seller fails to resolve such restrictions or
remedy the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at the Buyer's option. The premium for the owners title policy
shall be paid by Buyer.
G:\COMMON\5\GTJ\C-TRAfL\KIRKS.PA -I"
5. Personal Property and Fixtures. All personal property and fixtures which the
Seller wishes to remove shall be removed on or before closing. Any personal property which is
left on the Premises shall be the property of the Buyer who may dispose of same.
6. Survey. Buyer, at its own expense, may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Agreement. Buyer may elect to purchase the Premises subject to said
encroachment or variation.
7. Environmental Matters. Seller represents and warrants to Purchaser as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated in compliance with all applicable federal, state and local laws and regulations
related to air quality, water quality, waste disposal or management, hazardous or toxic
substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises has been characterized as part of a "Facility" under Michigan
law. The Premises may constitute a facility because of historic fill materials in or in the
vicinity of the Premises. Seller is unaware of any plume of contaminated groundwater in
or affecting the Premises.
c. The Premises does not include any "underground storage tank," as that
term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Purchaser and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and covenants set forth in
this paragraph shall survive the closing.
8. Condition of Premises and Examination by Buyer. SUBJECT TO THE
ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER
IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. BUYER
UNDERSTANDS AND AGREES THAT THE.PREMISES ARE TAKEN "AS IS," SUBJECT
G:\COMMON\5\GTJ\C.TRAIL\KIRKS.PA -2-
TO THE EXPRESS COVENANTS, CONDITIONS AND/OR EXPRESS WARRANTIES
CONTAINED IN THIS PURCHASE AGREEMENT, ALSO SUBJECT TO THE WARRANTY
OF BUYER THAT NO HAZARDOUS SUBSTANCES HA VE BEEN PLACED ON THE
PREMISES. BUYER FURTHER SAYS THAT IT HAS PERSONALLY INSPECTED THE
PREMISES AND rs SATISFIED WITH THE CONDITION OF THE LAND, TAKING INTO
ACCOUNT THE REPRESENTATIONS OF SELLER.
9. Specific Use Provisions. The parties agree to certain use provisions and
contingencies, which will survive the closing:
9.1 Lease of Additional Property. The Buyer intends to use the Premises for
a walking/bike trail. Because the Premises is located between the Seller's facilities and
the shore of Muskegon Lake, and both parties are interested in public and general access
to the lake, Seller will execute a one year lease which shall be automatically renewed for
one year terms, for total rent of One Dollar ($1) to the City for the property ("Lakeward
Property") between the Premises and Muskegon Lake, which lease will provide that the
said Lakeward Property shall be reserved by the City for public access to the lake. The
lease shall be terminated upon written notice given by either party to the other six months
before the end of any term or renewal term. The terms of the lease shall be acceptable to
Buyer and Seller.
9 .2 Berm Alteration. The Buyer shall, at the time of constructing the trail,
lower the elevation of the berm now existing on the Premises or in the Lakeward Property
to afford a clear view at ground level of Muskegon Lake, said construction cost for the
berm work not to exceed the sum of One Hundred Ten Thousand Dollars($! 10,000) for
the lowering of the berm on the Seller's property and that of West Michigan Steel
combined.
9 .3 Fences. The City shall construct a fence along the trail on the non-
lakeward side thereof. The fence shall be located between the trail and the building.
9 .4 Relocation of the Trail. In the event future development by the Seller of
facilities on its remaining property is contemplated and arranged, the Seller may request
relocation of the trail on the remaining property of Seller from which the Premises has
been conveyed, and Buyer may consent thereto and determine conditions for the
relocation.
I 0. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
G:\COMMON\5\GTJ\C-TRAIL\K!RKS.PA -3-
11. Closing. The closing date of this sale shall be on or before January 31, 2000
("closing"). The closing shall be conducted at Transnation Title Insurance Co., Muskegon,
Michigan. If necessary, the parties shall execute an IRS closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
closing for the Premises.
13. Affidavit of Title. At the closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
15. Costs. Buyer shall pay the costs of closing, including transfer tax, except the
costs involved in removing any encumbrance on the property.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between the Buyer and Seller are merged into this
Agreement, which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the closing and continue in full force and effect after the
G;\COMMON\5\GTJ\C.TRAIL\KIRKS.PA -4-
consummation of this purchase and sale and continue until all liabilities of Buyer have
been fully satisfied.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
;::-;-1vi:,rh\e1-h- e;,:,,{lfa,~/4,,or#
WITNESSES: SELLER: KIRKSEY DEVELOPMBNT CO ..
By fJ ,2,..,.___.,,,,,,\.,. 4 . K \.::-,
TID Number: 3.'?-.l 1'773 ;S
'
BUYER: CITY OF MUSKEGON
0tuLuJTlOL l~LLLl ·
~ ha1v1LGl l'fu1 I
By f.~~4
F r e d ~ayo/ .
«
By t:k:-L Q ~ ~ 9 A J
Gail A. Kundinger, Clerk
G:\COMMON\S\GTJ\C·TRAIL\KIRKS.PA -5-
Commission Meeting Date: January 11, 2000
Date: January 5, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Approval of HOME Infill Construction Bids
SUMMARY OF REQUEST:
Pursuant to the implementation of the City Infill Program, staff recommends that the
contract award for construction of the Infill homes go to Bantam Group. Of the four
companies that responded to the City's RFP, with all other things being equal, Bantam
Group proposed construction of the homes as specified by staff for the lowest price per
home.
FINANCIAL IMPACT:
Expenditure of the 1997 HOME funds.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends awarding the infill construciton contract to Bantam Group.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will make a decision at their January 10 meeting.
1/5/2000
Resolution No. 2000- 13 ( l)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CITY OF MUSKEGON INFILL PROGRAMS.
WHEREAS, the Infill Plan seeks to provide safe, decent and affordable housing to low to
moderate income families,
Whereas, steps have been taken to ensure that the program is a City Wide program allowing
paiiicipants to select city-owned buildable lots;
WHEREAS, the sale of each lot would enable the City to place these properties back on the tax
rolls, and would relieve the City of fmiher maintenance costs;
WHEREAS, sale of the land and subsequent constrnction of the home would be in accordance
with existing City policies and those of HUD, concerning use of HOME funds;
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon Infill Program be approved.
Adopted this ___'.IJ__1b.._ day of January, 2000
Ayes: Benedict, Nielsen, Schweifler, She ph erd, Si e radzk i , Spataro, As l aks on
Nays: None
Absent None
CERTIFICATION
I hearby 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 January 11, 2000. _ /
By: a.;.L~&._
Gail Kundinger,
1999 In-Fill Housing Bids
David Reagan Fisher Builders Himes Home Bantam Group
Construction Inc. Improvement Inc.
Budget Items
Appliances $ - $ 2,000.00 $. - $
, Basement/foundation 1,250.00 7,000.00 7,500.00 7,230.00
, Cabinets/counter tops/ labor 5,900.00 4,500.00 6,600.00 4,450.00
Cement flat work 4,975.00 7,820.00 6,000.00 5,830.00
Drywall 7,900.00 9,000.00 9,900.00 7,430.00
Electrical (materials/labor) 3,650.00 6,500.00 4,000.00 5,700.00
Excavation 2,375.00 2,000.00 - 3,000.00
Exterior brick allowance 1,795.00 2,500.00 3,000.00 2,500.00
Floor covering 4,125.00 6,500.00 8,000.00 5,200.00
Frame, trim, siding, roof, paint, and labor. 46,900.00 20,596.00 19,300.00 19,010.00
Heating/cooling 4,150.00
~
7,000.00 8,000.00 5,860.00
Light fixtures - 1,000.00 900.00 800.00
Lumber (misc materials/labor) 32,151.00 34,718.90 36,800.00 32,640.00
Misc. (fees permits/utilities) - - 1,000.00 1,480.00
Plumbing (materials/labor) 7,550.00 7,500.00 6,500.00 6,990.00
Sewer/water - 3,000.00 - 1,430.00
Total Bid ( per unit) $ 122,721.00 $ 121,634.90 $ 117,500.00 $ 109,550.00
\,
James Ave.
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Albert Ave.
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Marquette Ave. Marquette Ave.
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Parcel#: 61-31-21-279-014 & 61-31~21-251-029
James Ave.
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Albert Ave.
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Wesley Ave.
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Charming.
Accents
• Traditional accents add warmth and
charm to the facade of this affordable
one-story home.
• Decorative, beveled oval glass adorns
the elegant entry, which is flanked by DINING
sidelights. 11 X 11
• The tiled foyer introduces the spacious
family room, which is enhanced by a FAMILY !:i rn=F
kl+B;-ff'F+fl-l
12-ft. vaulted ceiling and a nice ROOM j 4
fireplace. A French door provides easy 16 X 20
access to the backyard. ITCHE
• The galley-style kitchen flows into the 0 X 10
sunny dining area, which can be 11 X 10
extended with an optional bay window.
• The secluded master bedroom features
plenty of closet space. The private
master bath boasts a corner garden tub,
a separate shower and two sinks. The
bath may be expanded with a 13-(t.
vaulted ceiling.
• Two additional bedrooms share a hall
bath in the opposite wing. A nice-sized 12 X 14
laundry room is centrally located.
Plan APS-1205 GARAGE 3 C;
Bedrooms: 3 Baths: 2 19 X 20
living Area:
\,lain floor 1,296 sq. tt.
Tole! Living Area: 1,296 sq. fl.
3arage 380 sq. tt. 46
:xterlor Wall Framing: 2x4
'oundetlon Opllons: MAIN FLOOR
:rawlspace
,lab
\If plans can be built with yout choice ol foundation and framing.
9M8fic tooverskln diagram Js available. Se& order form.)
ILUEPRINT PRICE COOE: A
ORDER BLUEPRINTS ANYTIME/ OR
4 CALL TOLL-FREE 1-BUO-82O-1296 Plan APS-1205 PRICES AND DETAILS
ON PAGES 12-15 CA
Commission Meeting Date: January 11, 1999
Date: December 16, 1999 .~
To: Honorable Mayor and City Commissioners\zr )
__ ...-----/
From: Planning & Economic Development
RE: Rezoning request for property located at 2964 Lakeshore Dr.
SUMMARY OF REQUEST:
Request to rezone property located at 2964 Lakeshore Dr., west of Cottage Grove St.,
from WM, Waterfront Marine to RM-3, High Density Multiple-Family Residential.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends denial of the request due to lack of compliance with the future land
use map and Master Land Use Plan. After discussion with the City Attorney, staff feels
that the project can move forward through a Planned Unit Development approach in
the existing WM zoning district.
COMMITTEE RECOMMENDATION:
The Planning Commission concurred with staffs recommendation to deny the request.
The Committee of the Whole will review the request at their 1/1 O meeting.
12/16/1999
CITY OF MUSKEGON
RESOLUTION# 2000- 14 ( d)
RESOLUTION OF DENIAL FOR REZONING REQUEST
WHEREAS, a request to rezone property located at 2964 Lakeshore Dr., west of Cottage Grove St.,
from WM, Waterfront Marine to RM-3, High Density Multiple-Family Residential was considered by
the Planning Commission, and;
WHEREAS, a public hearing on the request was held by the Planning Commission on December 15,
1999, and;
WHEREAS, the Planning Commission recommended denial of the request because it is not consistent
with the future land use map and Master Land Use Plan, and because the City Attorney and staff feel
that the project can move forward through a Planned Unit Development approach in the existing WM
zoning district;
NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied.
Adopted this 11 th day of January, 2000.
Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson,
Ben.edict
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
City Commission ofthe City of Muskegon, County of Muskegon, Michigan, at a regular meeting held
onJanuaryll,2000. ~ ~ _
Gail Kundinger,CMC/~
Clerk, City of Muskegon
12/16/99 2
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City of Muskegon
Planning Comnission
Cases #99-50 and #99-51
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R-1 = Single-Family Residential
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1-2 = General Industrial
LR = Lakefront Recreation
VVM = Waterfront Maline
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*Q = Subject Property
= Notice Area
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Commission Meeting Date: January 11, 2000
Date: January 4, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C.__f6C-
RE: Approval of HOME Infill Program
SUMMARY OF REQUEST:
To approve the infill program as prepared by staff, which seeks to provide quality
homes to low to moderate income families. Approval of the plan will allow three pilot
homes to be built on city-owned lots selected by the buyers. Steps have been taken to
ensure that the homes are compatible with existing structures and are consistent with
established housing goals which specify safe, decent, and affordable housing for low-
moderate income families. The design of the plan ensures that the buyer and not the
City is responsible for mortgage payments, taxes, upkeep and other traditional home-
owner expenses.
FINANCIAL IMPACT:
Implementation of the plan will relieve the City of continued maintenace costs on
vacant lots and capture future property taxes.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the plan as written, as well as, authorization for both the
Mayor and the Clerk to sign the attached resolution.
COMMITTEE RECOMMENDATION:
Both the City Commission and the Citizen's District Council approved the use and
amount of the HOME funds as part of the 1997 Annual Consolidated Plan.
1/4/2000
Resolution No. 2000- 14 ( k)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE CITY OF MUSKEGON INFILL PROGRAMS.
WHEREAS, the Infill Plan seeks to provide safe, decent and affordable housing to low to
moderate income families,
WHEREAS, steps have been taken to ensure that the program is a City Wide program allowing
participants to select city-owned buildable lots;
WHEREAS, the sale of each lot would enable the City to place these properties back on the tax
rolls, and would relieve the City of further maintenance costs;
WHEREAS, sale of the land and subsequent construction of the home would be in accordance
with existing City policies and those of HUD, concerning use of HOME funds;
NOW THEREFORE BE IT RESOLVED, that the City of Muskegon Infill Program be approved.
Adopted this J....!.!.b_ day of January, 2000
Ayes: Schwei fl er, Shepherd, Si eradzk i , Spataro, As 1akson, Benedict, Nie 1sen
Nays: None
Absent None
CERTIFICATION
I hearby 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 January 11, 2000. . /
By: ~ a.J__ ~J.w_
Gail Kundinger,
~
rk
CITY OF MUSKEGON INFILL PROGRAM
What is Infill?
Infill housing can defined in several ways:
1. The construction of homes on tracts of undeveloped land that has been subdivided to
make streets and or neighborhoods.
2. The placement (physical movement) of existing homes on vacant land.
3. Construction of new homes in existing neighborhoods, which are compatible with the
architectural design of the existing homes.
The City of Muskegon's Infill Housing Program will be focused ou the latter of the three
definitions. Approximately $240,000 of HOME funds budgeted for fiscal year 1997 will be used
to construct a minimum of three single-family homes. The newly constructed housing units will
be within the regulatory cost limits as defined by the US Department of Housing and Urban
Development (HUD). Participants in the program will use the housing units as their principal
place of residence. HOME regulations require that:
A. 100% of HOME funds received by the City of Muskegon be utilized to increase the
supply of affordable, decent, safe, and sanitary homes;
B. 100% of HOME funds go to benefit low/moderate income residents;
C. and, HOME funds be distributed geographically within the City's boundaries among
different categories of housing needs, according to priorities identified in the City's
Consolidated Plan.
The chart below depicts the type of families that the program will be marketed toward.
Family
Size 1 2 3 4 5 6 7 8
80%
AMI 1 $30,080 34,440 38,640 42,960 46,400 49,840 53,280 56,720
Afforda
bility $752 I 860 / 966 I 1,074 / 1,160 / 1,246 / 1,332 / 1,418 /
month month month month month month month month
Where will Infill housing be constructed?
The HOME program does not limit the use of funding to predominately low/moderate income
neighborhoods. As a matter of fact, the City has an obligation to distribute the HOME funds
geographically within its boundaries and among different categories of housing need, according
1
AMI refers to area median income.
to the priorities identified in the City's approved Consolidated Plan. Additionally, the City is
encouraged to promote the construction of affordable housing in areas that are currently
inaccessible to low/moderate income families. To this end, the Infill program will be a citywide
program, thus achieving greater integration of incomes throughout the City.
The houses that will be funded this year will be built in the Marquette neighborhood. Program
participants are given a choice of city-owned lots to choose from. Participants are limited to
areas that are currently zoned single-family residential and where the city currently owns land.
Staff encouraged patticipants to select areas that have already undergone significant street and
sidewalk repairs, so that assessments will not be a burden in the early years of the mortgage.
Finally, the Marquette area is experiencing a surge of newly constructed homes. This is due
largely because of the high concentration of vacant urban renewal land. Most of the homes in
this area ai·e being funded privately by moderate to high-income families.
Why build new housing units in old neighborhoods?
The Consolidated Plan for the City identifies increasing home ownership as the third highest
priority. Implementation of the Infill plan can help to accomplish this priority by making more
decent, safe, and sanitary housing units available for purchase. The fomth highest priority as
identified in the Consolidated Plan is to encourage the development of new housing units. There
have been several efforts to develop new housing units, unfortunately the units produced are
largely out of economic reach for a great majority of Muskegon residents. The Infill Progran1
makes newly constructed units available by subsidizing the construction cost.
I. Replacement of Lost Housing
The design and implementation of an infill program replaces substandard housing stock that has
been demolished predominately in the 1960s -1970s. The city also demolishes substandard
housing that has become hazardous annually. As a result of the demolition, which is often times
scattered, some neighborhoods have a barren look, causing disinvestment and increased crime.
With the assistance of federal funds, the City can replace demolished housing llllits that are
affordable to low/moderate income people. The Infill construction restores the continuity of the
neighborhoods.
II. Cost Effectiveness
Some housing units that have been recently rehabilitated up to City code have required costs up
to $80,000. With the housing stock in the City continuing to age, it is often much more cost
effective to constrnct new housing units than to rehabilitate substandard housing. The same
$80,000 used to rehabilitate a substandard unit that appraises at $30,000 would be better spent
constructing a new housing unit worth $60,000 - $70,000.
The use of HOME funds keeps the cost of construction down by leveraging the HOME funds
with bank financing. In this manner, the homeowner does not bear the entire construction cost.
2
In most cases, the homeowner will also receive down payment assistance from one of the City's
Community Housing Development Organizations (CHDO).
III. Infrastructure
One of the most prohibitive costs in developing new housing is the placement of water, utilities
and streets (typically in suburban subdivisions). Often consumers want all the conveniences of
city living outside of the City and the cost are usually passed on to the customer.
Costs to replace the housing units for the Infill Program are reduced by building in established
neighborhoods because of the existing sidewalk, water and sewer.
IV. Community Resources
Consumer dollars spent in urban centers provide a tax base for the City. As businesses seek to
decrease their tax burden, they often relocate to the suburbs, depleting the City's tax base. Often,
consumers follow these businesses. In turn, there is an increase in traffic out to the suburbs,
which places a strain on cities to maintain streets with decreasing tax funds to do so.
By offering affordable housing opportunities to low/moderate income families, the City can keep
people inside the City boundaries and either stabilize or increase income and property taxes as a
result.
How do the HOME Funds keep the housing units affordable?
I. Leveraging
HOME funds will be leveraged with private lender financing for construction costs and end
mortgages when the units are completed. Without the HOME assistance, the homeowner will
have to secure both the construction financing and the mmtgage.
Many residents of the City have the financial wherewithal to pay a mmtgage, but are renting
because they cannot find a suitable house for reasons related to size or amenities. The majority
of residents of the City do not have the financial capacity to secure construction financing which
generally canies a higher interest rate than would a mortgage loan. Home funds can be used to
lower the cost to a level where the low/moderate income families can comfortably afford the
units.
Construction Costs HOME Funds Mortgage Amount
$120,000 $50,000 $70,000
Instead of securing a loan for $120,000 (the cost of construction), the homeowner need only
apply for a $70,000 mmtgage loan.
3
II. Integration of Incomes in City Neighborhoods
In a well integrated neighborhood, there are local businesses, homeowners and renters of diverse
economic backgrounds. A community where the majority of residents are cash-strapped makes
for a troubled community. Developing new housing units, along with providing rehabilitation
assistance to owner-occupants and rental property owners helps to meet what is ranked as the
City's fifth highest priority, establishing a plan to encourage economic and cultural diversity in
all City neighborhoods.
This in turn ensures that all City residents have a guaranteed right to fair housing. The addition
of affordable housing in existing neighborhoods affords low/moderate income families a wider
choice of housing options within the City.
Program Implementation
• A realty company will route qualified buyers who have been pre-approved for at least a
$60,000 mortgage to Community Neighborhood Services (CNS).
• The CNS department will verify income, employment, residency, and dependents.
• Additional responsibilities of CNS include:
• Assisting program participants in their selection of city owned land;
• ensuring that the house design fits in with existing homes;
• draw up contracts with the buyer as provided by HOME regulations;
• open bids for construction;
• bid selection;
• draw up construction contracts with city attorney;
• construction fund disbursement;
• and project completion
Homebuyers for this program must meet the maximum income qualification (see chart on page
one) as determined by HUD. Participants who meet the maximum income qualification are
much more likely to be able to successfully maintain their mmigage. Further eligibility will be
contingent on credit history. Ideally, participants will meet the all requirements established by
the lender(s) involved. Once the income and credit qualifications have been met, participants
will be required to complete a series of workshops, in which they will be counseled on the
purchase process as well as maintenance issues related to homeownership.
4
Issues addressed in the purchase workshops include, but are not limited to lot selection, house
plan selection, credit assessment, lender selection, and budgeting. As the name implies, the
maintenance workshops will cover issues related to interior and exterior repair, yard upkeep, and
bidding, should the owner need to contract out work at a later date.
Partners
• City of Muskegon
• U.S. Department of Housing & Urban Development
• Old Kent Bank
• Remax Realtors
Funding Sources
• $240,000 in HOME funds
• Cost of constrnction is estimated to be $120,000/home
• Mo1tgage cost is between $62,000 - $65,000/buyer
• Brings the subsidy to about $53,000 - $55,000/ home
Timelines
• General contracting bids due Tuesday, November 23,1999
• Commission approval January 2000
• Groundbreaking on first home March 2000
• Completion of first home June 30, 2000
• Completion of second home August 31, 2000
• Completion of third home September 30, 2000
5
HOME INVESTMENT PARTNERSHIPS PROGRAM
ADDITIONAL PROGRAM REQUIREMENTS
I. Qualifying Homebuyers
Households receiving assistance under the HOME Programs must meet the following criteria:
• Client household must have an annual gross income, as determined by HUD income
guidelines, at or below 80% of the area median income, adjusted for family size.
Income determinations will be made at the time of application.
• The homebuyer must agree to occupy the property pmchased with HOME funds as its
principle residence tlu·oughout the applicable affordability period, subject to the
recapture provisions.
• There is no requirement that the homebuyer remain low/moderate income tlu·oughout
the HOME affordability period. Ammal income verification is not required;
however, occupancy is mandated for the length the affordability period, and as such
will be verified annually.
II. Qualifying Properties
Assistance under these programs is limited to housing units located or constructed within the
City of Muskegon. In addition, these properties must:
• Remain the homebuyer's principle residence tlu·oughout the HOME affordability
period as determined by the amount of HOME investment.
• Be constructed to meet the applicable local building code and Cost Effective Energy
Conservation Standards after completion as a condition of receiving HOME
assistance.
• Have an appraised value, at purchase that does not exceed the HUD 203(b) single-
family mortgage limits for the Muskegon area.
• Have a sale price that does not exceed the HUD 203(b) single-family mortgage limits.
III. Definition of HOME subsidy:
The HOME homebuyer subsidy is the difference between the fair market purchase price and the
affordable price paid by the buyer. This is the amount of HOME funds that reduces the purchase
price to an affordable level, but does not include the development subsidy, or the difference
between the cost of producing the unit and the market value of the prope1ty. The amount of the
development subsidy is not subject to HOME resale or recaptme restrictions.
6
The amount that is subject to recapture and that is held, as a deferred second mortgage is the
amount of HOME funds that reduced the purchase price to an affordable level. This amount
triggers the affordability term requirements. All sales proceeds will be returned to the HOME
Investment Trust Fund to be used for additional homebuyer assistance.
IV. Recapture Provisions
The City elects to adopt the recapture of the homebuyer subsidy. The homebuyer subsidy will be
forgiven by the City at a rate of 1/180 per month throughout the term of the affordability period.
Upon sale of the unity by the homeowner within the affordability period, the homeowner will be
required to repay a prorated portion of the HOME funds used to subsidize the purchase of the
home.
The property owner's return on investment at the point of sale will include:
• The amount of the homebuyer's down payment (made from their own resources)
• The amount of the mortgage principle repaid at the time of resale.
• The appreciated value of the property (appraised value at resale the less the appraised
value of the property at the time of purchase by the homeowner).
The homeowner will receive the full amount of the fair return only if sufficient sale proceeds
remains after all outstanding debt (excluding repayable HOME subsidy amounts) and closing
costs are paid. Any proceeds remaining after payment of the outstanding debt, closing costs, fair
return, and any HOME subsidy repayment, will be shared 50/50 between the homeowner and the
City. Any funds repaid to the City will be returned to the HOME trnst fund. Repayment of the
HOME subsidy amount will not be required if the resale does not provide sufficient net proceeds
to satisfy other outstanding debt, pay closing costs, and offer a fair return on investment to the
property owner. Partial repayment may be required based on the amount of sales proceeds
received by the homeowner.
NOTE: During the affordability period, the City of Muskegon will realize prope1ty tax income
from returning previously vacant residential property to meaningful use.
V. Affordability Period
Home Subsidy Years in Home Without Repayment
$15,000 or less 5 Years
$ 16,000-$40,000 10 Years
$40,000 or more 15 Years
7
AGREEMENT BETWEEN CITY OF MUSKEGON
AND RE/MAX OF MUSKEGON
This Agreement between City of Muskegon and Re/Max of Muskegon ("Agreement") is
made on this 14day of April, 2000, by and between the City of Muskegon, a Michigan
municipal corporation, (the"City"), and Re/Max of Muskegon, ("Re/Max").
BACKGROUND
A. The City has approved the Infill Program, which seeks to provide quality homes
to low to moderate income families. Approval of the plan allows homes to be built on City
owned lots for selected Purchasers.
B. Re/Max of Muskegon is in the business of matching Purchasers with appropriate
sellers of housing in Muskegon and local areas.
C. The City needs to match the available lots and homes to be built with suitable
Purchasers for the Infill Program.
THEREFORE, the parties agree as follows:
1. Obligations of Re/Max: Re/Max covenants, warrants and agrees as follows:
1.1 Re/Max will pre-screen all applicants for the Infill Program before
presenting the potential Purchaser to the City. Pre-screening will be done by
determining if the potential applicant fits the criteria to be selected for the
program set-forth by the City.
1.2 After Re/Max selects an applicant who fits the criteria for the program,
Re/Max will present the potential Purchaser to the City to be considered for the program.
1.3 Re/Max waives any commission other than as specified in the Agreement
for the sale of property from City to Bethany Nichols, James Spann, and Zina Knight
for prope1ty located at Albert Street (vacant land) , Wesley Street (vacant land), Ducey
Street (vacant land).
1. Obligations of City: City covenants, warrants and agrees as follows:
2.1 In consideration for the above service by Re/Max, the City agrees to pay
Re/Max the sum of Three Hundred Fifty Dollars ($350) for each Purchaser selected for
the Infill Program, who is approved for financing and closes on a residence in the
Program.
A:\AGR_GENIREMAX-DAN BAGLIEN.DOC Page 1
2.2 The consideration is to be paid to Re/Max at the time of closing for each
Purchaser. It is an express condition precedent to the payment of the above sum by the
City that the Purchaser acquire the real property, finance the Construction with a lender
and execute necessary loan documents with the City and satisfy all Construction liens
associated with the City Infill Program.
2.3 In the event that the Purchaser presented by Re/Max does not satisfy
conditions of paragraph 2.2, the City will not be liable for any amount to Re/Max for
services relating to that particular Purchaser.
In the presence of the undersigned witnesses, the parties have executed this agreement on
the date listed on the first page of this agreement.
Witnesses:
Re/Max of Muskegon~
~~ L
~
H:\LIB\EDSl\00100\1615\AGR_GEN\031500 Page 2
AGENDA ITEM# _ _ _ __
COMMISSION AGENDA _ _ __
TO: Honorable Mayor and City Commissioners
FROM: Administrative Services
DATE: January 4, 2000
RE: Citizen Survey
SUMMARY REPORT
At the City Commission meeting on November 23, 1999, the Commission approved
staff's recommendation to contract with Carl Frost Center for Social Science Research to
conduct a City-wide Citizen Survey. Since then, staff has worked closely with the
Center's representative, Scott VanderStoep, to develop the survey questionnaire.
Copies of the draft swvey questionnaire were provided to City Commissioners,
Neighborhood Presidents, City Department Heads and others for your/their input. The
attached final survey questionnaire reflects suggestions and comments received.
FINANCIAL IMPACT
$11,920
BUDGET ACTION
None. Provided for in budgets '99 and '2000.
STAFF RECOMMENDATION
Staff recommends approval of the attached survey questionnaire.
COMMITTEE RECOMMENDATION
This item will be considered at the Committee of the Whole meeting on January 10,
2000.
Jan-05-00 Ol:26P Hope College Psychology 616 395 7121 P.02
City of Muskegon Citizen Survey
January, 2000
Hello, my name is _ _ _ _ and I am calling from the Frost Research Center at Hope
College. We are conducting a survey on behalf of the City of Muskegon. The survey
takes about xx minutes to complete. Your phone number has been randomly selected to
participate. All your answers are confidential and anonymous. Would you be willing to
take a few minutes and give us your opinions about living in the City of Muskegon?
Arc you a current resident of the City of Muskegon?
Ycs (if yes, continue)
No (ifno, discontinue)
I. General Issues and Overall Satisfaction
lam going to list some features about living in Muskegon. Please \cl\ me how satisfied
you are about the following features of living in Muskegon, using one of these five
choices---vcry satisfied, satisfied, neutral, dissatisfied, or very dissatisfied. The first one
1s:
I. Parks, lakcfront, beaches, and water
2. Access to shopping, restaurants, and other commerce
3. Job opportunities
4. City services such as police and fire protection
5, Schools and education
6. In response to the statement "Muskegon is a good place to live" would you say that
you strongly agree, agree, arc neutral, disagree, or strongly disagree with that
statement?
11. Communication and Contact with Residents
The next set of questions deals with how well city officials communicate with residents.
7. How would you rate the city's efforts to keep residents informed about important
issues and current events1 Would you say they are:
Excellent
Good
Fair
Poor
Very poor
I am going to list different sources of infom1ation. Please tell me how frequently you
receive infomrntion about city affairs from each of these sources. You can answer using
one of three responses: very frequently, moderately frequently, or not at all. The first one
IS:
8. The Muskegon Chronicle
1
Jan-05-00 Ol:27P Hope College Psychology 616 395 7121 P.03
9, Television news
l 0, City newsletter
J l. Radio
12. Public meetings televised on the city's cable channel 77
13. City website
14. In the past year, have you had contact with one of the city offices?
Yes
No (go to question# 16)
15. Was your problem/issue handled in an efficient and courteous manner by the person
you spoke with?
Yes
No
III. City Services and Projects
I'm going to list possible improvement projects for the city. Please indicate if you would
support a one-mil levy to pay for the specific project. For the average homeowner, a one-
mil levy equals $21.68 in additional property tax. Please indicate your answer by
choosing ofthe follov,,ing choices-strongly support, suppo1t, neutral, oppose, strongly
oppose.
16. Cross-lake feny
17. Completion of Shoreline Drive
I 8. Resurface more streets
l 9. Community recreation center
20. Expanded recreation programs
21. If Muskegon reestablishes a cross-lake feJTy, what is the maximum amount oftime
you would be willing to spend riding it?
a. 2 hours or less
b. 4 hours
c. 5 hours
d. not interested in a cross-lake feny
22. How would you rate the City of Muskegon !-'ire Department" Would you say you arc:
Very satisfied
Satisfied
Neutral
Dissatisfied
Very dissatisfied
23. How would you rate the City of Muskegon Police Depm1ment'1 Would you say you
are:
Very satisfied
2
Jan-05-00 Ol:27P Hope College Psychology 616 395 7121 P.04
Satisfied
Neutral
Dissatisfied
Very dissatisfied
24. How satisfied are you with the police department's relationship with citizens?
Very satisfied
Satisfied
Neutral
Dissatisfied
Very dissatisfied
25. How do you perceive the professionalism and competency of the Muskegon Police
officers?
Excellent
Good
Fair
Poor
26. How safe do you feel in your neighborhood"
Very safe
Safe
Unsafe
Very unsafe
If you have any experience with these programs, please give us your opinion about the
following programs supervised by the Department of Leisure Services on the following
scale: very satisfied, satisfied, neutral, dissatisfied, very dissatisfied, or no experience
with this service:
27. The sports and recreation program
28. Cemetery maintenance
29. The city marina
30. The fam1er's market
Please indicate how interested you would be in attending the following events at L.C.
Walker Arena hy indicating whether you arc: very interested, moderately interested, or
not at all interested.
31, Music concerts
32. Basketball games
33. Hobhy expos such as hunting & fishing or arts & crafts
34. Motorcross and monstcrtruck events
35. Ice shows
JV. Quality of Life
3
Jan-05-00 Ol:28P Hope College Psychology 616 395 7121 P.05
The next set of questions deals with quality of life in Muskegon.
36. How often do you go to downtown Muskegon for business or personal reasons?
Twice a week or more
At least once a week
Two-three times a month
Once every two months
Two or three times a year
I am going to list some features or activities related to downtown Muskegon. For each of
the items I list, please indicate how important each one is in determining whether you
would be attracted to downtown. Please answer using one of three choices-very
important, moderately important, or not at all important.
37. More variety in retail stores
38. More ente1tainment/cultural options
39. More variety of bars, lounges, and restaurants
40. Increased downtown safety
4 J • More free parking
42. Stores open at night
43. Code enforcement concerns local laws or codes regulating, among other things,
housing and property maintenance. How satisfied are you with code enforcement in
your neighborhood as it relates to property maintenance?
Very satisfied
Satisfied
Neutral
Dissatisfied
Very dissatisfied
44. How satisfied are you with code enforcement as it relates to housing?
Very satisfied
Satisfied
Neutral
Dissatisfied
Very dissatisfied
Using the scale of very satisfied, satisfied, neutral, dissatisfied, or very dissatisfied,
please rate the following services provided by the Department of Public Works:
45. Recycling program and residential trash removal
46. Fall/spring leaf collection
4 7. Street cleaning in your neighborhood
48. Winter snow and ice control
49. Mowing of city green areas
50. Condi1ion oflocal streets in your neighborhood
4
Jan-05-00 Ol:28P Hope College Psychology 616 395 7121 P.06
5 J. Condition of major streets that you regularly use
52. Do you feel your neighborhood is an excellent, good, fair, or poor place to live and
raise children?
53. In your neighborhood, how would you rate the condition of park grounds and park
equipment?
Excellent
Good
Fair
Poor
54. Whal do you like best about your neighborhood'' ( open-ended)
55. What do you like least about your neighborhood? ( open-ended)
56. Are there any other recommendations you would like to make to city officials for
improvement of services? (open-ended)
V. Demographic Information
Finally, l 'd like to ask you some demographic infonnation. These arc asked for statistical
purposes only:
57. How long have you been a resident of the city of Muskegon?
58. What is your age?
59. What is your highest level of education?
Less than high school
High school grad or GED
Some college
College graduate
Post-college degree
60. In how many recent civic elections have you voted, such as school mi JI ages, school
board elections, or elections for city offices?
All
Almost all
Some
Few
None
61. What is your annual household income 9
Under $10K
$10-20K
$20-35K
$35-SOK
5
Jan-05-00 01:ZBP Hope College Psychology 616 395 7121 P.07
$50-60K
$60-70K
over $70K
62. In what neighborhood do you live? (Listed on computer screen. Caller reads them
only if respondent does not know her/his neighborhood.)
6
Agenda Item# _ _ _ __
CITY COMMISSION MEETING - - - - - -
TO: Honorable Mayor and City Commissioners
FROM: Administration Division
DATE: January 4, 2000
RE: Customer Service Training
SUMMARY OF REQUEST
The City of Muskegon requested proposals to offer Customer Service Training to City
employees. Proposals were received from three vendors: Not-So-Basics I Baker College,
Muskegon Community College (MCC), and Grand Valley State University (GVSU).
The Employee Training Committee reviewed all three proposals and recommends Not-
So-Basics I Baker College proposal for the following primary reasons:
1. Lowest bidder at $28,800 as opposed to GVSU at $29,500 and MCC at
$29,728;
2. Customized training packet;
3. Material content is more comprehensive and desirable.
FINANCIAL IMPACT
$28,800
BUDGET ACTION REQUIRED
None. Provided for in 2000 Budget.
STAFF RECOMMENDATION
Staff recommends approval ofNot-So-Basics I Baker College proposal.
COMMITTEE RECOMMENDATION
The Committee of the Whole will review this issue at its meeting on January 10, 2000.
Customer Service Training
Request for Proposal-City of Muskegon
Due 11/29/99
Price Proposal
Investment Costs
Cost per individual class
$750 per 4-hour session plus $6 per workbook per student
Cost for the entire solution as proposed
12 sessions of Excellent Customer Service for a total of300 people 12 x $750/session = $9,000
4 sessions of Advanced Customer Service for a total of 100 people 4 x $750/session = $3,000
4 sessions of Projecting a Positive Image for a total of I 00 people 4 x $750/session = $ 3,000
12 sessions of Excellent Internal Customer Service for a total of300 people 12 x $750/session = $9,000
Total Cost of Training $24,000
Total Cost of Materials (800 x $6.00 per person per session) $ 4,800
Bid Proposal Total $28 1800
Respectfully submitted by:
Pat Shafer
Baker College
Suzanne Gust
Not So Basic Training and Consulting
•
,Y -·' •
,,
-Institute for Price Proposal
Training& · Cust;omer Service Training
Development City of Muskegon
\
AGRANDVALLEY
W STATE llNJYERSrIY
•
Service: \
Create and deliver a comprehensive customer service training package.for 320
employees of the City of Muskegon. · · · ./
(
. ,
_ Total project cost as outlined in the project proposal:
$29,500.00 . I
Payment Terms: . 1• . . . .
,
Twenty-five percent of total cost ($7,375.00) due within 15 days of contracting.
.
Fifty percent of total cost ($14,7-50.00) due after cfelivery'of the first trainlng session.
\
Final twenty-five percent of total cost ($7,375.00) due within 15 days of completion of
contract.. · ·
Payments should be sent to:
Institute for Training & Development
Grand Valley State University ·
301 W. Fulton, Ste. 104
Grand Rapids, MI 49504
I
This pricing proposal is hereby «it1ni.tt,ed, along with the accompanying project
· proposaL
(=~~~~~~-- · I I· ,]0 - s=,
Dr. Calvin Stockman, Dean of Continuing Education Date
Grand Valley State University
•
'
301 W. Fulton, Suite 104 • Grand Rapids, Ml 49504-6495 • Phone: 916.336.-7300 • Fax: 616.771.6642 • Email: itd@gvsu.edu
Muskegon Community College
221 South Quarterline Road • Muskegon, Michigan 49442 • (231) 773-9131
November 29, 1999
Gail Kundinger
City Clerk
City of Muskegon
933 Terrace Street
P. 0. Box 536
Muskegon,MI49443
Price Proposal - Customer Service Training - City of Muskegon
Muskegon Community College's Business & Industrial Training Center proposes the
following training for the City of Muskegon:
Instruction -
Success Through Service- All 320 full time city employees:
8 hours training for 25 employees $1056.00/group
13 groups @$1,056/group $13,728.00
Materials:
Success Through Service- Textbooks - 320 @ $50.00/ea. $16,000.00
(Please Note: This is special pricing just for the City of Muskegon worked out with
Achieve Global for these textbooks. They must be ordered before 12/23/99 to receive
this discount. Therefore, MCC will need a signed contract by that date. The textbook
price after 12/23/99 will be $70.00/each for a total of $22,400.00 for materials.)
Total Proposal Bid $29,728.00
Thank you for the opportunity to provide this proposal to you. If you have any questions
about this proposal or any of your training needs, please contact me at (231) 777-0217.
David T. Holmen
Director, Business & Industrial Training
Commission Meeting Date: January 11, 2000
Date: January 3, 2000
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development CJ:c
RE: Public Hearing - Request for Amendment to an Industrial
Facilities Exemption Certificate• Neway Anchorlok
International
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Neway Anchorlok International, Inc. (a.k.a.
Holland Neway International), 1950 Industrial Boulevard, Muskegon, Michigan, manufacturer of
suspension systems and brake actuators for the heavy truck industry, has requested an
amendment to an Industrial Facilities Exemption Certificate. The Muskegon City Commission
approved the existing Certificate on September 22, 1997. Initial total capital investment for this
project was estimated at $7,521,852 in personal property. Neway Anchorlok is planning to
invest an additional $1,220,300 in this project. As such, the company is requesting an
amendment in the amount of $1,220,300 to the existing abatement for the period of time
remaining on the original certificate (7 years; ending in 2007).. This expansion is required to
assist in the generation of the number of new jobs (75) promised in the original Certificate.
Neway has a current workforce of 485.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an amendment to Industrial Facilities Exemption
Certificate No. 97-534 on personal property for the term remaining on the existing abatement.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review this request at their meeting to be held on January 10,
2000.
1/3/2000 1
~~~of Treaaa.y, STC
• 101~.r.z.97) . L-4380
APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
'This form is issued as provided by P.A. 198 of 1974, as amended, Section references on this fonn are to specific sections of the act that
!ain or require the data, Filing of this fonn is voluntary, The appllcatlon should be filed after the district Is eatabllshed and no
,_,,u ttuin (within) six months attar the commencement of the project. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and
the required attachments (five complete sets) with the clerk of the local government unit (Iba State Tax Commission
requires four complete sets (one ortglnal and three copies)) One copy Is retained by the clerk. .
TO BE COMPLETED BY CL.ERK OF LOCAL GOVERNMENT UNIT THIS SECTION FOR USE BY THE OFFICE OF
Clerk must also complete sections 19 and 20, page 3. THE STATE TAX COMMISSION
Signature Appllca!lon No.
.
Date Received Date Received
I Oves •
Written Agnlement?
No
App/icBnt, do not write above (his nm, Begin entries at 1 below
1a. Applicant (Company) Name (Applicant must be the occupan!/operaroroflhe facility) b. Standard lna--o1.,.,._.1
11. Will the Property for Which This Application is Filed be Included in an:
a Enterprise Zone or Empowennent Commun~
Clerk's Cer1fflcalion
DYES Oil NO
b. 307 Site Contaminated Property File Number DYES 0 NO
12. If State Education Taxes are abated, attach Michigan Jobs Commission Lstter of Commitment. c=J
a. Enter total number of employees at site prior to start of project As of 6 /J.Q/.97 343
b. Number of existing jobs that can be identified at this site that will be retained as a result of this project? ____ 10
75+
c. Number of new jobs at this site expected to be created within 2 years of project completion?
1
13. Has the project caused or will tt cause, a relocation of employment from one or more
Michigan governmental units to the untt in which the project is or will be located?
(
a. O YES KJ I
NO b. Number at Jabs Involved In Facility Relocation I c. PreviolJs Locallon at Facility (City, Township, vu1age1
d. Attach a certified copy of the resolution passed by the governmental unit from which employment is
to be transferred consenting to the transfer of employment. Date resolution was adopted
14. Rehabilitation applications: Complete a, band c. Attach assessor's statement of valuation for the entire plant rehabllltation dlstri
a SEV of Real Propeny (Exclude Land) b. SEV of P8!110nal Propeny (Exdude lnventcny) c, Total SEV as of Dec. 31, 19_ __
N/A N/A N/A
15a The Facility is Located in the fellowing Type of
District Eslalltlshed by the Local Governing Unit
b. Name of Govi,ming Unit that Established District c. Date District was Established
IX! INDUSTRIAL DEVELOPMENT DISTRICT
3/25/97
City of Muskegon
Attach certified copy of resolution
0 PLANT REHABILITATION DISTRICT and drawing of district.
NOTICE AFTER DEC, 31, 1983: Section 9(2)(b) provides that a written request (Date stamped by local untt) lo establish the district MUST be flied prior to
the commencement of any improvements or construction. Please furnish a copy of the written request.
6a. 1• This Application tor a Speculative Building (Sec, 3 18))? Kl NO • Go to 17 below D YES • Complete b, c and d
b. Name of Govemmentm Unit Which Passed AesolUtion to Establish a Speculative Building. c. Cate of Resolution (Attach copy)
d. Date of Construction Commenced (See page 4, ttem 4)
e. Attach a Certified statement from the building owner and local governing unit that the building
has not been oca,pied since completion of construction. (See page 4. item 13.) O Owner 0 Assessor
17. Complete this section if application is for a replacement facility which will not be located on the same site or contiguous to the obsolete facility.
The obsolete facility will be disposed of as follows:
N/A
Continue on Page 3
1012 (Pw,ge,.3)
APPUCANrSCERTIRCATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no
1rmation contained herein or in the attachments hereto is false in any way and that all are truly descriptive of the industrial
~• operty for which this application is being submitted.
It is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections
207.551 to 207.572, inclusive, of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has
complied or will be able to comply with all of the requirements thereof which are prerequisite to the approval of the application
by the local unit of government and the issuance of an Industrial Facilities Exemption Certificate by the State Tax Commission.
1e. Name at Person to Contact for Furtner- lntormadon ·
Chris D cook
I Phone
( 231 ) 777-4351
MailfngAddress
1950 Industrial Blvd. PO Box 425. Muskeoon. MI 49443 /!
Type Name of Company Officer
Michael J Flint
S~ute
,:#//4/.~
,
-~i A
I ri. ,7_;:;\, -Z..2..0, ~
Total: "I. -z.:z.o, ~ c:C>
Property Tax Information: (Annual)
Total New Taxes Generated ~ 3"2. ,9'1~
Value of Abatement ~ 11..o, '-\7'-I
Total New Taxes Collected 'II \1.., ':il'-1
I
Income Tax Information: (Annual)
Total Additional Income Tax Generated:
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full No
Appropriate Zoning No
1(~
Business Development Affirmative Action
Muskegon Township
--
Commission Meeting Date: January 11, 2000
Date: December29,1999
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ~
RE: Public Hearing - Request for Industrial Facilities Exemption
Certificate - Holland Neway International
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, Holland Neway International, Inc.,
1950 Industrial Boulevard, Muskegon, Michigan, manufacturer of suspension systems
and brake actuators for the heavy truck industry, has requested the issuance of an
Industrial Facilities Exemption Certificate. Total capital investment for this project is
$3,340,000 in personal property. The project will also result in the creation or retention
of 25 employment opportunities. Holland Neway has a current workforce of 485.
FINANCIAL IMPACT:
The City will capture certain additional property and income taxes generated by the
expansion.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption
Certificate on personal property for a term of six (6) years.
COMMITTEE RECOMMENDATION:
The Committee of the Whole will review this request at their meeting to be held on
January 10, 2000.
12/29/1999
City of Muskegon
Industrial Facilities Exemption Application
f .
Summary Sheet
Wl.'8\. l\ll!'lll(lan·s Shvrellne Qty
Company Summary:
Holland Neway International, one of the largest manufacturing employers in the City of
Muskegon is expanding operations at its Muskegon facility. The principle type of business
conducted by the company is the manufacture of suspension systems and brake actuators for the
heavy truck industry. Neway began operations in the City of Muskegon in the 1940's and has
been acquired by many other companies with the most recent merger being with the Holland
Group of Holland, Michigan, whereby Neway became Holland Neway.
Employment Information:
Racial Characteristics:
White
Minority
Total
Gender Characteristics:
Male
Female
Total
Total No. of Anticipated New Jobs: \0
Investment Information:
Real Property:
Personal Property '$3, 3'iO,cc:t:i
Total: • 3 ~~o, a::c
Property Tax Information: (Annual)
Total New Taxes Generated ~"\c, \'ts'u
Value of Abatement •'-{S 1 0,D
Total New Taxes Collected 1 '-ls , oc:ic
Income Tax Information: (Annual)
Total Additional Income Tax Generated:
Company Requirements:
Adopted Affirmative Action Policy No
Meeting w/ City Affirmative Action Director No
Signed Tax Abatement Contract No
Taxes Paid In Full No
Appropriate Zoning No
e ~Ciir"
Business Development
Ken James
Affirmative Action
-.) ..:
Resolution No. 2000-15 ( b)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR AN
INDUSTRIAL FACILITIES EXEMPTION
HOLLAND NEWAY INTERNATIONAL
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed pubic hearing held on
March 25, 1997, this Commission by resolution established an Industrial Development
District# 97-26(b) as requested by Neway Anchorlok International, Inc., 1950 Industrial
Boulevard, Muskegon, Michigan, 49442; and
WHEREAS, Holland Neway International, Inc. has filed an application for an Industrial Facilities Tax
Exemption Certificate with respect to a new machinery and equipment to be installed within the
Industrial Development district #97-26(b); and ·
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
January 11, 2000 at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written
notice and were afforded an opportunity to be heard on said application; and
WHEREAS, installation of machinery and equipment had not begun earlier than six (6) months before
November 18, 1999, the date of the acceptance of the application for the Industrial Facilities Tax
Exemption Certificate; and
WHEREAS, installation of machinery and equipment is calculated to and will have the reasonable
likelihood ID retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of
Muskegon, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the
SEV of personal and real property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of
Muskegon, Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered ·
together with the aggregate amount of certificates previously granted and currently in force
under Act No. 198 of the Public Act of 1974 as amended and Act No. 255 of the Public Acts
of 1978 as amended shall not have the effect of substantially impeding the operation of the
City of Muskegon or impairing the financial soundness of a taxing unit which levies ad
valorem property taxes in the City of Muskegon.
2) The application of Holland Neway International, Inc., for an Industrial Facilities Tax
Exemption Certificate with respect to installation of new machinery and equipment on the
following described parcel of real property situated within the City of Muskegon Industrial
Development District# 97-26(b) to wit
Lots 26, 29, and 28, except the North 50 feel of the East 206.5 feet of Lot 28, of the Port City
Industrial Center, according to the recorded plat thereof, City of Muskegon, County of
Muskegon, State of Michigan.
And
12/29/99 2
-
.. ....) ._
Lot 25 and the Easterly 33 feet of Lot 26, Port City Industrial Center, lying in Section 34,
Town 10 North, Range 16 West, City of Muskegon, County of Muskegon, State of Michigan.
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force
and effect for a period of six (6) years on personal property.
Adopted this 11th Day of January 2000
Ayes: Spataro, Aslakson , Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
Absent: None
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the
Muskegon City Commission, County of Muskegon, Michigan, at a regular meeting held on January 11,
2000. L ~ ,u.,!
Gail Kundinger, Clerk d
12129/99 3
·"
Wd'll;.Jit~ CJIT~, STC
• 101~,{2•97) • • L-4380
APPLICATION FOR INDUSTFIIAL FACILITIES EXEMPTION CEFTTlFlCATE.•.
• This form is issued as provided by P.A. 198 at 1974, as amended. Section referencas on this form are to specific sections at the act that
!ain or require the data Filing at this form is voluntary. The appllcatlon should be flied anar the district Is astatillshad and no
_..,, than (wtthln) aix months anar the Cllmmencament of the project. This project will not receive tax benefits until approved by the
State Tax Commission.
INSTRUCTIONS: Read the instructions on page 4 before completing this application. File the original and four copies of this form and
the required attachments (five complete sets) with the clerk of the local government unit. ('llte State Tax Commission
.
requires four Cllmplete sets (one original and three Cllples)) One ""PY Is retained by the cleri<.
TO BE COMPLETED BY CLERK OF LOCAL GbVERNMENT UNIT THIS SECTION FOR USE BY THE OFFlCE OF
Clerk must also complete sections
19 and 20, page 3.
,--
THE STATE TAX COMMISSION
Slgnalwa Appllcation No.
Cate Aec8N8d Date Racervecl
Oves 0No
1a. Appticant (Company) Name (Applicant must be lhe occupan!/- at lhe facility) b. Slandard I....,... Classiffcallon Cooe (Sy ZJPCode
State Tax Commission Rule Number 57:
Complete applications approved by the local unit and received by the State Tax Commission by October 31 will be
acted upon by December 31.
Applications received after October 31 will be acted upon In the following year.
Mail completed application and all attachments to:
,tate Tax Commission
.Aichigan Department of Treasury
P .o. Box 30471
Lansing, Michigan 48909-7971
It you have any questions, please call (517) 373-2408 or 373-3302.
Muskegon Township
West Michigan Dive Center, L.L.C.
2516 Glade Street
Muskegon, Michigan 49444
(231) 733-4200 (231) 737-3399 (Fax)
E-mail: westmidivectr@msn.com
Website: www.westmichigandivecenter.com
December 22, 1999
Gail Kundinger, City Clerk
City of Muskegon
933 Terrace
Muskegon, Ml 49440
Dear Ms. Kundinger,
I am writing to ask if we could please be on your agenda for the next Muskegon City Commission
meeting on January 11 , 2000? We are supporting a project to sink a vessel in the Muskegon area
of Lake Michigan. Presently, a committee of area divers, community leaders and state officials
are working on details to submit a proposal to the State of Michigan to sink a ship. The Vessel
Sinking Steering Committee (VSSC) has been meeting monthly since August. We are in the
process making a non-profit/tax-exempt organization responsible for the project. This is called
the West Michigan Artificial Reef Society.
Attached is the "Background Information" on the project. We are beginning the process of
informing the community. When we write our application to the State of Michigan, they need to
know that this community understands the benefits of such a project. The creation of an artificial
reef as a new dive site benefits area tourism and thus, the area economy. Further, the local
NOAA office is committed to the project as a research site. Local support thus far has been
positive.
Thank you for your consideration in letting us present information to your commission.
Sincerely,
·J/44u-J
Heather Bloom, Chair
West Michigan Artificial Reef Society
Co-owner, West Michigan Dive Center
West Michigan Dive Center, L.L.C.
2516 Glade Street
Muskegon, Michigan 49444
(231) 733-4200 (231) 737-3399 (Fax)
E-Mail: westmidivectr@.msn.com
Website: www.westmichigandivecenter.com
Background Information
Sinking of a Vessel
Lake Michigan, Muskegon Area
West Michigan Dive Center is forming the Vessel Sinking Steering Committee (VSSC). The Committee in
cooperation with local and state authorities and adherence to regulations and guidelines proposes to sink a
vessel in the Muskegon Area of Lake Michigan. The Michigan Underwater Preserve Council, Inc. has
published the "Intentional Sinking Guidelines," 1993, which will be used in this endeavor. The following
will be taken into consideration:
I. Vessel- Presently, the Vessel Sinking Steering Committee is searching for an appropriate vessel.
State law requires that the vessel considered for intentional sinking have some relation to Great Lakes
maritime heritage. The dimension of the vessel will be at least 100 ft. in length. The durability of
materials used to construct the vessel will be considered.
2. Cleaning the Vessel - A strict "Cleanup Plan" will be made and implemented in accordance with the
DNR and the EPA Cleanup plans previously made for the sinking of the Selvick and the Mesquite
will be studied and modified for this vessel.
3. Vessel Sinking Site - following sport diving recommendations, the vessel will be sunk to a depth no
deeper than 130 ft. According to the U.S. Army Corps of Engineers, a vessel sinking site needs to take
into account its proximity to shipping channels. A bottom land survey will be made to find the best
sinking location for the vessel. Other factors considered will include currents, visibility, and biological
factors.
4. Community Support- The Vessel Sinking Steering Committee will develop a plan to ensure area
resident's involvement. Presently, information on the project is being distributed to community and
business leaders. Support has been very positive and enthusiastic. A press package will be developed
as well.
5. Goals have been established as follows:
Sinking of a Vessel Goals:
1. To make Muskegon a Dive Destination.
2. Economic Development.
a. Tourism
b. New Markets
3. Creation of an artificial reef
4. For educational purposes.
5. Research on many levels -
a. Fish Studies
b. Effects on the underwater environment
c. Effects on the vessel
6. Keep the Public Informed
For more information, please contact Heather Bloom, at West Michigan Dive Center contact
numbers/email above.
West Michigan Artificial Reef Society
2516 Glade Street
Muskegon, Michigan 49444
(231) 733-4200 (231) 737-3399
E-mail: westmidivectr@msn.com
Report to Area Councils/Commissions - Jan/Feb 2000
Scuba divers enjoy the thrill of diving on shipwrecks. Presently, in the Muskegon area, there are
a few •~il
l\ilJSKEGONr;IT01lll••·•·"3l I CITY of MUSKEGON j
Planning & Economic Development Department
933 Terrace Street. Muskegon. Ml 49443
1616) 724-6702 Fax (6161 724-6790
www.ci.muskegon.mi.us
CITY of MUSKEGON
ATERFRONT Recreation - Habitat Node l
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AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 1/11/00
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: January 5, 2000
RE: Clean Michigan Initiative Grant
SUMMARY OF REQUEST:
To consider correspondence with the State of Michigan consolidating the City's Clean Michigan
Initiative Round I and Round II applications.
FINANCIAL IMPACT:
Funding from the Clean Michigan Initiative Grant would assist several waterfront projects.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To authorize the attached letter to be sent to the Michigan Department of Environmental Quality
(MDEQ).
COMMITTEE RECOMMENDATION:
The Committee of the Whole will consider this request on January 10, 2000.
O:COMMON\DEPTMENT\ADMIN\AGNDAFRM
JMS - O: (CMI-GRANTS)
January _ , 2000
DRAFT COPY
Mr. Russell Harding, Director January 5, 2000
Executive Division
Department of Environmental Quality
Hollister Building, 6th Floor
I 06 W. Allegan
P.O. Box 30473
Lansing, MI 48909
Dear Mr. Harding,
The City of Muskegon is grateful for your continued efforts in working with us in
regards to our Clean Michigan Initiative Waterfront Redevelopment and Brownfield
Redevelopment grant applications for Round One and Round Two. In light of our
conversations with the DEQ and MEDC, I would like to offer our willingness to
renegotiate a portion of the Round One CMI grant in order to maximize our funding
possibilities for the Round Two grant cycle.
The City of Muskegon is fortunate to have several potential waterfront projects ready
to begin development for which CMI funding is crucial. These projects include the
"Teledyne"/Lakefront, LLC and the Amazon Building projects. These projects are
eligible and worthy of CMI funding. Therefore, we are committed to continuing our
discussions to assure that these projects receive full consideration for funding in the
CMI Round Two grant cycle.
We look forward to continuing our discussions with you in the near future.
Sincerely,
CITY OF MUSKEGON
Bryon L. Mazade
City Manager
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