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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 24, 2012
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. 2011 Outstanding Citizenship Awards.
INTRODUCTIONS/PRESENTATION:
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Liquor License Request from AJIT Corporation, 1121 E. Laketon. CITY
CLERK
C. Rejection of Environmental Program Mowing and Trash Clean-up Bids.
PLANNING & ECONOMIC DEVELOPMENT
D. 2012 Water Treatment Chemical Bids. PUBLIC WORKS
E. Approval of Contractor for Lead Abatement and Rehabilitation of
House at 1733 Manz. COMMUNITY & NEIGHBORHOOD SERVICES
F. Security Cameras, Public Service Building. PUBLIC WORKS
G. Seaway Industrial Park Property Sale. CITY MANAGER
H. Amendment to City’s 457 Plan to Allow for Employee Hardship Loans.
FINANCE
I. Movies on the Beach – Request for Extended Hours. PLANNING &
ECONOMIC DEVELOPMENT
J. Catamaran Racing Association of Michigan Request for Overnight
Camping at PM Park. PLANNING & ECONOMIC DEVELOPMENT
K. Michigan Beach Polo Request to Serve Alcohol at PM Park. PLANNING
& ECONOMIC DEVELOPMENT
L. Engineering Services Agreement for Traffic Signals Warrants Evaluation
at Various Locations. ENGINEERING
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – AFI
Machining. PLANNING & ECONOMIC DEVELOPMENT
B. Request for an Industrial Facilities Exemption Certificate – AFI Hole Drill.
PLANNING & ECONOMIC DEVELOPMENT
COMMUNICATIONS:
CITY MANAGER’S REPORT:
UNFINISHED BUSINESS:
NEW BUSINESS:
A. Approval of Sale of City-owned Home at 1543 Hoyt. COMMUNITY &
NEIGHBORHOOD SERVICES
B. Ballot Resolution – Civil Service. CITY MANAGER
C. Muskegon Lake Shoreline Restoration. PUBLIC WORKS
D. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
557 W. Clay Avenue
28 Delaware Avenue (Area 11)
1469 6th Street (Area 10)
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
Reminder: Individuals who would like to address the City Commission shall do the following:
Fill out a request to speak form attached to the agenda or located in the back of the room.
Submit the form to the City Clerk.
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.)
CLOSED SESSION:
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 Ann
Marie Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD:
(231) 724-4172.
Date: April 24, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the April 9th
Commission Worksession Meeting and the April 10th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
April 9, 2012
City Commission Chambers
5:30 PM
MINUTES
2012-23
Present: Commissioners Warmington, Gawron, Hood, Wierengo, German, Turnquist, and
Spataro.
Absent: None.
Next Michigan – Interlocal Agreement for the West Michigan Economic Development
Partnership.
Rick Chapla of The Right Place, Inc. and Ed Garner of Muskegon Area First made a presentation
of the proposed project.
The “Interlocal Agreement for the West Michigan Economic Development Partnership”
(Muskegon and Kent counties) has been prepared and reviewed by staff and attorneys for all
participating jurisdictions. Approval of the “Agreement” by all entities will allow us to apply for
a Next Michigan status. The County of Muskegon approved the “Agreement” at their meeting
on March 22nd.
This City Commission will consider this item at its April 10, 2012 City Commission Meeting.
Veterans Park Improvements.
Dr. Dennis Cobbler, Muskegon County resident, made a presentation for a grant for
improvements at the Veterans Memorial Park.
This is a request to approve funding for a transportation improvement project for Veterans
Memorial Park at a cost up to $12,000 from the City. The City of North Muskegon and
Muskegon County have also been asked to contribute up to $12,000 each.
The City Commission will consider this item at its April 10, 2012 City Commission Meeting.
Civil Service Vote.
Bryon Mazade, City Manager, gave deadlines to place a question to eliminate Civil Service on
the ballot. He recommended that the question be placed on the November ballot.
Any Other Business.
Public comments were received.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Spataro to adjourn at 6:10
p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 10, 2012
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, April 10, 2012.
Mayor Warmington opened the meeting with a prayer from Mr. George Monroe
from Evanston Avenue Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron,
Commissioners Sue Wierengo, Byron Turnquist, Eric Hood, Lawrence Spataro,
and Willie German, City Manager Bryon Mazade, City Attorney John Schrier,
and City Clerk Ann Marie Cummings.
2012-24 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the March 27th City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: Sons of Norway are requesting permission to fly the
Norwegian Flag at City Hall on Thursday, May 17th in honor of Norway’s
Constitution Day (Independence Day).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
C. Memorandum of Understanding – Justice Assistance Grant. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the Director and the City Manager to enter into an
agreement with the City of Muskegon Heights and Muskegon County in regards
to the disbursement of the FY 2012 Justice Assistance Grant. It if further
requested that the Mayor be authorized to sign the Memorandum of
Understanding. Note that time is of the essence as this grant requires a 30 day
governing body review period before the grant submission and the grant
deadline is May 14.
Although the Bureau of Justice Assistance has designated us as being in a
disparate funding situation due to the County providing more than 50% of the
jail facilities, our proposal is to keep the allocations exactly as they initially came
down from the BJA which is as follows: County of Muskegon $0; City of
Muskegon $28,513 and City of Muskegon Heights $17,561. Note that BJA uses
crime data versus population in making these allocation decisions.
The City of Muskegon portion is planned to be used in continuation of the
manner in which the previous year’s JAG funding was used which is for the
prosecution of city ordinance cases dealing primarily with neighborhood issues.
A prosecutor was hired specifically for this under a previous fiscal year JAG
Grant.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
D. Great Lakes Comnet – METRO Act Permit. ENGINEERING
SUMMARY OF REQUEST: Approve the permit for Great Lakes Comnet to install a
fiber optic network within the City’s right of way and authorize the Mayor and
Clerk to sign said permit.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the permit and sign the documents.
E. MUFD Equipment Request – Turnout Gear. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the
Commission authorize the amount of $19,048.56 for (12) twelve sets of turnout
gear for part time fire fighters who have/will be in-service by June of 2012. The
department recently hired (6) six firefighters who are now in fire training, the
other (6) six will be activated on/before June 2012. The safety equipment is
personalized to each firefighter and will be issued at the time received. The
turnout gear per set ($1,587.38), quote thru 04/26/12, sole source vendor
(Douglass Safety Systems LLC).
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: Equipment was budgeted for in the 2011/12 budget
cycle to support the hire of part time firefighters.
STAFF RECOMMENDATION: Approval of this purchase request.
F. Veterans Memorial Park Transportation Project. CITY MANAGER
SUMMARY OF REQUEST: To approve funding for a transportation improvement
project for Veterans Memorial Park.
FINANCIAL IMPACT: Up to $12,000 cost to the City.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Approve funding up to $12,000 for the project and
authorize the City to act as the fiduciary for the project.
COMMITTEE RECOMMENDATION: The Veterans Memorial Park Committee
recommends approval.
G. Next Michigan – Interlocal Agreement for the West Michigan Economic
Development Partnership. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The “Interlocal Agreement for the West Michigan
Economic Development Partnership” (Muskegon and Kent counties) has been
prepared and reviewed by the staff and attorneys for all participating
jurisdictions. Approval of the “Agreement” by all entities will allow us to apply for
a Next Michigan status. The County of Muskegon approved the “Agreement”
at their meeting on March 22.
FINANCIAL IMPACT: None at this time. However, if we are approved for Next
Michigan status, board members will be appointed from each jurisdiction. The
Board will then develop a budget, with funding coming from each entity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Agreement” and authorize the
Mayor and Clerk to sign.
H. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
WORKS
SUMMARY OF REQUEST: Award bid to supply H1 and H2 limestone chip blend to
Verplank Trucking Company
Award bid to supply road slag to Verplank Trucking Company
Award bid to supply Sylvax patching material to Asphalt Paving
Award bid for crack sealant to Sherwin Industries, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc.
Award bid to supply screened top soil to Accurate Excavators
Award bid to supply 2NS sand to Jackson-Merkey Contractors, Inc.
Award bid to supply 7-sack mix concrete to Port City Redi-Mix
Award supply of Calcium Chloride 38% (road brine) and 32% (winter salting) to
Great Lakes Chloride
FINANCIAL IMPACT: $414,993.50 based on quantities requested in bid at 2012
quotes.
BUDGET ACTION REQUIRED: None, funds appropriated in several budgets.
STAFF RECOMMENDATION: Approval of bids as outlined in Summary of Request.
Motion by Vice Mayor Gawron, second by Commissioner German to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Wierengo, Turnquist, Warmington, Hood, Spataro, German,
and Gawron
Nays: None
MOTION PASSES
2012-25 PUBLIC HEARINGS:
A. 2012 – 2013 Action Plan. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To conduct a public hearing of the 2012-2013 Action
Plan for public comments.
FINANCIAL IMPACT: Action Plan establishes the 2012-2013 Community
Development Block Grant and HOME budgets.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To receive comments about the proposed 2012-
2013 Action Plan at the public Commission meeting.
The Public Hearing opened to hear and consider any comments from the
public. No comments were made.
Motion by Vice Mayor Gawron, second by Commissioner Spataro to close the
Public Hearing and receive comments of the proposed 2012-2013 Action Plan.
ROLL VOTE: Ayes: Turnquist, Warmington, Hood, Spataro, German, Gawron, and
Wierengo
Nays: None
MOTION PASSES
2012-26 NEW BUSINESS:
A. Revolving Loan Fund (RLF) Loan with Great Lakes Die Cast. CITY
MANAGER
SUMMARY OF REQUEST: To approve a request to discount a Revolving Loan
Fund loan with Great Lakes Die Cast. A loan of $30,000 was made in 2009 and
approximately $16,600 is the current balance. Closing out the loan would allow
the company to refinance some current debt and enable the City to receive
$10,000 as payment-in-full for the remaining City loan, rather than waiting to
receive the remaining payments over time.
FINANCIAL IMPACT: Reduction of the remaining balance to $10,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To discount the loan to $10,000 as payment-in-full
and authorize City staff to execute necessary documents to close out the loan.
Motion by Commissioner Spataro, second by Commissioner Wierengo to
discount the loan to Great Lakes Die Cast to $10,000 as payment in full and
authorize City staff to execute the necessary documents to close out the loan.
ROLL VOTE: Ayes: Warmington, Hood, Spataro, German, Gawron, Wierengo,
and Turnquist
Nays: None
MOTION PASSES
B. Master Contract for the Muskegon County Wastewater System. CITY
MANAGER
SUMMARY OF REQUEST: To make determinations relative to the Master Contract
for the Muskegon County Wastewater System and the billing overpayment issue.
On November 9, 2010, the City Commission took the following action on the
proposed Master Contract for the Muskegon County Wastewater System:
NOW, THEREFORE, BE IT RESOLVED, that the Muskegon City Commission
approves the proposed Master Contract for the Muskegon County
Wastewater System contingent upon installation and use of the meters for
billing purposes and resolution of the overpayment issue, in the City
Manager’s opinion and after notice to the City Commission, and
authorizes the Mayor and Clerk to sign the Master Contract for the
Muskegon County Wastewater System after the City Manager informs the
City Commission that the meters have been installed and being used for
billing purposes and a resolution of the overpayment for wastewater
service has been reached.
The installation of the meters has occurred and the meters are in use. However,
in the opinion of the City Manager, a resolution of the overpayment issue has
not been achieved after more than a year of attempts.
FINANCIAL IMPACT: The City believes it should be reimbursed approximately
$802,308.62.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Based on the foregoing, it is recommended that the
Muskegon City Commission hereby determines the following:
1. Impasse has been reached in the overpayment for wastewater
service issue.
2. The City will not execute the Master Contract for the Muskegon
County Wastewater System until the City receives appropriate
reimbursement for overpayment for wastewater service.
3. City staff is directed to explore alternate long-term wastewater
system options for the City.
4. City staff is directed to convey to Muskegon County the measures
the City intends to take.
Motion by Vice Mayor Gawron, second by Commissioner Turnquist to direct City
staff to convey to Muskegon County the measures the City intends to take.
ROLL VOTE: Ayes: Hood, Spataro, German, Gawron, Wierengo, Turnquist, and
Warmington
Nays: None
MOTION PASSES
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:15 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
Date: April 24, 2012
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Liquor License Request
AJIT Corporation
1121 E. Laketon Avenue
SUMMARY OF REQUEST: The Liquor Control Commission is seeking
local recommendation on a request from AJIT Corporation of 1121 E.
Laketon, for a new SDM License, New Sunday Sales Permit (AM) and
New Gas Pumps.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: All departments are recommending
approval.
Commission Meeting Date: April 24, 2012
Date: April 16, 2012
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Rejection of Environmental Program Mowing and
Trash Clean-up Bids
SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private
properties previously held by Freelance Enterprises Inc. has expired on
March 31, 2012. A request for bids was advertised and four companies
placed bids.
FINANCIAL IMPACT:
None - Funds budgeted for this activity.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION:
To formally reject all bids because of deficiencies in the bids and to rebid
the contract for the mowing of lots and trash removal on properties
located within the city.
COMMITTEE RECOMMENDATION: None
Planning Department
Memo
To: Honorable Mayor and City Commission
From: Hope Mitchell, Code Coordinator
Date: 4/16/2012
Re: Environmental mowing & trash contract bids
Staff requested bids for a possible two or three year contract with an optional contract extension typically set at
two years for each. This request for bids resulted in four submissions from area contractors to perform the
services needed.
In reviewing the bid documents staff discovered irregularities or defects in all of the bidding documents. The
errors ranged from minor errors such as a date area being left blank, to signatures not being notarized. In all
bids but one, the contractors simply ignored the bid specifications and submitted bids for equipment or contract
terms that were appropriate for themselves. Only one bidder submitted a bid with all the correct types of
equipment in their equipment list and accepted our bid documents as we posted them, that contractor was
Freelance Enterprises.
During inspections of the bidder’s equipment, it became clear to staff that two companies were clearly capable
and had the resources necessary to perform the work required. Both companies either had the needed
equipment or were capable of providing it upon a successful contract award. Unfortunately, due to a technicality
in the bid documents, the bid submitted by Freelance listed the number of units they are currently using while
performing the city contract, as opposed to the number of units requested by the city in the bidding documents.
It was an understandable mistake by the contractor since the city previously waived the 4 tractor / mower
requirement at the last contract bidding for both successful bidders. This had changed because we awarded
the contract to two contractors instead of one contractor so each contractor only needed two tractors with brush
hogs or flail type mowers, instead of four.
It is not know why Quality Landscaping did not submit the proper equipment specifications with their bids. Upon
inspection of their equipment and site by staff, it became clear that this company was large enough to have this
type of mower or were able to purchase them.
Staff recommends rejection of all submitted bids, for reasons indicated on the enclosed documents and since
there is interest from more than one qualified contractor, bids will be requested again with the tractor
requirement lowered to reflect our current usage patterns with a two contractor system with the capability of
more if needed.
Page 1
Date: April 24, 2012
To: Mayor and City Commission
From: Dept of Public Works - Director
RE: 2012 Water Treatment Chemical Bids
SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidder to supply
sodium hypochlorite, for the water filtration plant.
FINANCIAL IMPACT:
Annual cost of $52,207 (based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the low bid
received and enter into contract with KA Steel Chemicals for sodium
hypochlorite for one year.
MEMORANDUM
4/16/2012
TO: M. AL-SHATEL – DPW DIRECTOR
FROM: FILTRATION PLANT
RE: CHEMICAL BIDS – WATER FILTRATION
Chemical Bidding
Grand Haven, Grand Rapids, Wyoming, Muskegon Heights and Holland (West Michigan
Cooperative Purchasing Group) collectively bid for treatment chemicals. Last year all
chemicals used in the treatment required new contracts. The bids were received and
approved as follows:
Sodium Hypochlorite: 340 tons for a total cost of $51,000.
Hydrofluorisilicic Acid: 70 tons for a total cost of $49,700.
Aluminum Sulfate: 220 tons for a total cost of $100,000.
Powdered Activated Carbon: 5 tons for a total of $5,000.00.
CHEMICAL BIDDING FOR 2012
The bidding process is performed by the City of Holland (hypochlorite). The results of the
bidding are as follows:
Sodium Hypochlorite: 1 Year Contract begins April 16, 2012. Cost per ton:
Rowell Chemical: $154.50
Alexander Chemical: No bid
KA Steel Chemical: $153.55
Current cost: (Alexander Chemical) $160.39.
Chemical costs have been budgeted for 2011/12 as follows:
Sodium Hypochlorite: 340 tons for a total cost of $52,207.
Hydrofluorisilicic Acid: 70 tons for a total cost of $42,560.
Aluminum Sulfate: 440 tons for a total cost of $70,400.
Powdered Activated Carbon: 5 tons for a total of $5,000.00.
It is my recommendation that we request the Mayor and City Commission to approve the
lowest cost bids as follows:
Sodium Hypochlorite: K A Steel Chemical for 1 year.
Commission Meeting Date: April 24, 2012
Date: April 17, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Contractor for Lead Abatement and
Rehabilitation of House at 1733 Manz
SUMMARY OF REQUEST: To approve the contract with Jeff Fisher, JD
Fisher Builders, 123 N 8th Ave, Fruitport, for the lead abatement and
rehabilitation of the home located at 1733 Manz for the cost of $89,780.
This project is being financed by Neighborhood Stabilization funds from the
Michigan State Housing Development Authority with possible HOME funds
from HUD. After the lead abatement and rehabilitation is completed, the home
will be marketed to sell to an eligible homebuyer with an annual income less
than 120 percent of the area median income. The City obtained the house at
1733 Manz with Neighborhood Stabilization Program funds.
The City received three bids as listed on the attached spreadsheet.
FINANCIAL IMPACT: The project will be covered from the Neighborhood
Stabilization Program funds and/or possible HOME funds from HUD.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve for the Community and
Neighborhood Services office to develop a contract with JD Fisher Builders
and direct the Mayor and Clerk to sign the contract.
COMMITTEE RECOMMENDATION: None needed.
1733 MANZ BID RESULTS
Tuesday, March 13, 2012
CONTRACTOR Bid Amount
Able Construction
12090 Green Lake Rd
$91,470
Middleville 49333
616-291-7665
Gray Space
Bid submitted after deadline. Bid
601 Amity
Unopened.
Muskegon 49442
955-9701
JD Fisher Builders
123 N 8th Ave
$89,780
Fruitport 49415
720-9393
Midwest Builders
16850 120th St
$93,576
Nunica 49448
616-837-0000
Date: 4/24/12
To: Honorable Mayor and City Commission
From: DPW
RE: Security Cameras, Public Service Building
SUMMARY OF REQUEST: Authorize Staff to purchase 12 security cameras
and a hddvr recorder from Lakeshore Security & Electronics which was the low
bidder. This will replace the existing system that is not working and is out of
date. Attached is the Quote tabulation spreadsheet from the three bidders.
FINANCIAL IMPACT: Total Cost $ 11,959.91
BUDGET ACTION REQUIRED: None. Included in 2011 / 2012 Budget
STAFF RECOMMENDATION: Purchase from low bidder Lakeshore Security &
Electronics
Date: 04/18/12
Public Service Building Security Camera Name of Bidder Name of bidder Name of Bidder
Requisition:
Vendor Lakeshore Security & El Novotny Electronics Monitor closley.com
(888)271-5055 (877)323-9253 616.295.3519
Telephone
Location Hesperia Muskegon Grand Rapids
Quoted by Brag Geyer Greg Ericksen David Keyworth
Quantity Description Price Price Price
7 1080 IP mega pixel cameras
5 low light cameras 600 lines of resolution
1 hdvr recorder with 4 tb hard drive
TOTAL BID $11,959.91 $16,995.00 $17,256.00
Lowest bid $11,959.91
David Smith Public Utillity Supervisor
Bid Requested by:
AGENDA ITEM NO. ______________
CITY COMMISSION MEETING _____________________
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 18, 2012
RE: Seaway Industrial Park Property Sale
SUMMARY OF REQUEST
To approve a sale of property in the Seaway Industrial Park to Eastwood Development, LLC
(Wood Trucking).
FINANCIAL IMPACT
The sale price is $20,000.
BUDGET ACTION REQUIRED
None.
STAFF RECOMMENDATION
To approve the Purchase Agreement, authorize the Mayor and Clerk to execute it, and
authorize City staff to execute all necessary closing documents.
COMMITTEE RECOMMENDATION
None.
pb\AGENDA\AGENDA – SEAWAY IND PK PROP SALE 041812
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made ________________________, 2012 (“Effective Date”), by
and between the City of Muskegon, a municipal corporation, with offices at 933 Terrace,
Muskegon, Michigan 49440 ("Seller"), and Eastwood Development, LLC, a Michigan limited
liability company, of 2075 Park Street, Muskegon, Michigan 49444 ("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, the real estate, and all improvements thereon, with all beneficial easements,
and with all of Seller's right and title, located in the City of Muskegon, Muskegon County,
Michigan ("Premises"), and specifically described as:
Part of Block 2 and Part of the vacated alley in said Block 2, Young & Williams Addition
as recorded in Liber 3 of Plats, Page 39, Muskegon County Register of Deeds:
Commencing at the Southeast corner of the Northwest fractional ¼ of Section 31, Town
10 North, Range 16 West, City of Muskegon, Muskegon County, Michigan, thence North
00 degrees 00 minutes 00 seconds East 795.00 feet along the East line of said Northwest
fractional ¼; thence South 89 degrees 40 minutes 00 seconds West 373.44 feet along the
North right of way line of Delano Avenue and its extension in said Young and Williams
Addition for point of beginning; thence South 89 degrees 40 minutes 00 seconds West
199.00 feet along said right of way line; thence North 00 degrees 00 minutes 00 seconds
East 17.00 feet along said right of way line; thence South 89 degrees 40 minutes 00
seconds West 67.00 feet along said right of way line; thence North 00 degrees 00 minutes
00 seconds West 234.40 feet along the East right of way line of Temple Street; thence
North 89 degrees 43 minutes 30 seconds East 266.00 feet; thence South 00 degrees 00
minutes 00 seconds East 251.13 feet along the West right of way line of Waalkes Street
to point of beginning.
Subject to the reservations, restrictions and easements of record.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Twenty Thousand and no/100 Dollars ($20,000), payable in cash at the closing.
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer,
without pro-ration.
4. Title Insurance. Buyer waives any rights to a title insurance policy paid for by
the Seller, but understands that it may purchase title insurance at any time in the future at its own
expense. Seller makes no representations or warranties related to the title to the Premises.
5. 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
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3850-City of Muskegon to Eastwood D (2).DOC
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 terminate this Purchase Agreement.
Buyer may elect to purchase the Premises subject to said encroachment or variation.
6. Condition of Premises and Examination by Buyer. No implied warranties of
habitability, quality, condition, fitness for a particular purpose, or any other implied warranties
shall operate between seller and buyer, and buyer expressly waives any and all such implied
warranties. Buyer understands and agrees that the premises are taken "As Is," subject to the
express covenants, conditions and/or express warranties contained in this purchase agreement.
Buyer further says that he has personally inspected the premises and is satisfied with the
condition of the land and improvements thereon, and that the property is being purchased as a
result of such inspection and investigation and not due to any representations made by or on
behalf of seller. Buyer waives any claim against seller that an investigation of Premises may
have revealed.
7. Closing. The closing date of this sale shall be on or before 90 days after the
Effective Date ("Closing"). The Closing shall be conducted at the offices of Parmenter O’Toole,
601 Terrace Street, Muskegon, MI 49440. If necessary, the parties shall execute an IRS closing
report at the Closing.
8. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
9. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
10. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law, the cost of recording the deed to be delivered at Closing, and the
Closing Fee.
11. 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.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3850-City of Muskegon to Eastwood D (2).DOC
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.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The remainder of this page is intentional left blank.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3850-City of Muskegon to Eastwood D (2).DOC
The parties have executed this Real Estate Purchase Agreement on the date written below
their names, to be effective as of the day and year first above written.
WITNESSES: SELLER: City of Muskegon
_______________________________ By:____________________________________
Stephen J. Warmington, Mayor
Date: __________________
_______________________________ By:____________________________________
Ann Marie Cummings, City Clerk
Date: __________________
BUYER: Eastwood Development, LLC
________________________________ By:____________________________________
Name: Michael T. Hylland
Its: _____________________________
Date: __________________
________________________________
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3850-City of Muskegon to Eastwood D (2).DOC
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the City of Muskegon, a municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440,
QUIT CLAIMS to Eastwood Development, LLC, a Michigan limited liability company, of 2075 Park Street,
Muskegon, Michigan 49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
See Attached Exhibit A
for the sum of Twenty Thousand and no/100 Dollars ($20,000.00)
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 day of __________________, 2012.
City of Muskegon
By:_________________________________
Stephen J. Warmington, Its Mayor
By:_________________________________
Ann Marie Cummings, City Clerk
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ______________, 2012, by Stephen J.
Warmington and Ann Marie Cummings the Mayor and City Clerk, respectively, of the City of Muskegon, a
municipal corporation, on behalf of the City.
_____________________________________
__________________________, Notary Public
Acting in the County of _____________________
________________________County, Michigan
My commission expires ______________________
PREPARED BY: John C. Schrier
Parmenter O'Toole
601 Terrace Street/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETURN TO: Grantee
SEND SUBSEQUENT TAX BILLS TO: Grantee
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3960-City of Muskegon to Eastwood D (2).DOC
EXHIBIT A
Part of Block 2 and Part of the vacated alley in said Block 2, Young & Williams Addition as
recorded in Liber 3 of Plats, Page 39, Muskegon County Register of Deeds: Commencing at the
Southeast corner of the Northwest fractional ¼ of Section 31, Town 10 North, Range 16 West,
City of Muskegon, Muskegon County, Michigan, thence North 00 degrees 00 minutes 00
seconds East 795.00 feet along the East line of said Northwest fractional ¼; thence South 89
degrees 40 minutes 00 seconds West 373.44 feet along the North right of way line of Delano
Avenue and its extension in said Young and Williams Addition for point of beginning; thence
South 89 degrees 40 minutes 00 seconds West 199.00 feet along said right of way line; thence
North 00 degrees 00 minutes 00 seconds East 17.00 feet along said right of way line; thence
South 89 degrees 40 minutes 00 seconds West 67.00 feet along said right of way line; thence
North 00 degrees 00 minutes 00 seconds West 234.40 feet along the East right of way line of
Temple Street; thence North 89 degrees 43 minutes 30 seconds East 266.00 feet; thence South 00
degrees 00 minutes 00 seconds East 251.13 feet along the West right of way line of Waalkes
Street to point of beginning.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\HY3960-City of Muskegon to Eastwood D (2).DOC
Date: April 24, 2012
To: Honorable Mayor and City Commissioners
From: Finance
RE: Amendment to City’s 457 Plan to Allow for Employee Hardship Loans
SUMMARY OF REQUEST: The City has long offered full-time employees the opportunity to save for
retirement through voluntary contributions to a “457” deferred compensation plan. 457 plans are similar to 401(k)
plans in the private sector. The 457 plan is completely separate from the City’s defined benefit and defined
contribution retirement programs.
Once an employee contributes money to the 457 plan, it can be withdrawn only when the employee separates
service or in cases of extreme financial hardship. The City has received numerous hardship withdrawal requests
and inquiries in recent years. Although employee needs are legitimate, almost all requests are rejected because of
the stringent IRS regulations governing these withdrawals.
457 loan provisions are less restrictive allowing for needs such as home purchase, unreimbursed medical expenses
and college education for dependents. Staff believes implementing the hardship loan provision will provide
employees a way to access to their money for legitimate financial needs.
FINANCIAL IMPACT: There is no financial impact on the City. Administration of the program will be done
primarily by the City’s 457 plan administrators (ICMA and The Hartford)
Financial terms of loans to employees allowed under this recommendation are as follows:
x Participants may receive only one loan per year and only one outstanding at any time;
x Minimum loan $1,000; Maximum is the lesser of $50,000 or ½ of the participant’s plan balance;
x Length of loan: 5 years; 10 years if used for purchase of principal residence;
x Interest rate: Prime rate + 0.5% (currently 3.75%);
x Collateral: Portion of the employee’s remaining account balance equal to the amount of the loan.
BUDGET ACTION REQUIRED: This action does not have a budget impact on the City.
STAFF RECOMMENDATION: Adoption of the attached resolution and approval of the loan guidelines as
described.
COMMITTEE RECOMMENDATION: None.
1
CITY COMMISSION MEETING DATE
April 24, 2012
Date: April 17, 2012
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: Special Event Request – Movies on the Beach
Request to extend the 11:00 p.m. park closing time at
Pere Marquette Park to accommodate the Movies on the
Beach event
SUMMARY OF REQUEST: Kerry Halloran is requesting that Pere Marquette Park
be allowed to remain open past 11:00 p.m. on Friday, June 15, and possibly for
future dates this summer if the Movies project is successful. Kerry’s project is one of
the winners of the Community Foundation’s “Love Notes” contest. Because we have
such a late sunset in the summer and the movie will start around dusk, it is likely that
the movie will not be over by the 11:00 park closing time.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request allowing Pere Marquette
Park to remain open past 11:00 p.m. on movie nights.
COMMITTEE RECOMMENDATION:
CITY COMMISSION MEETING DATE
April 24, 2012
Date: April 11, 2012
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: Special Event Request – Catamaran Racing
Association of Michigan (CRAM)
Request to hold a Catamaran sailing regatta with
overnight camping at Pere Marquette Park (fifth-year
event)
SUMMARY OF REQUEST: CRAM is requesting permission to hold a Catamaran
sailing regatta at Pere Marquette Park, August 23 through 26, 2012. They would like
to use the City-owned lot that is currently being leased by Captain Jack’s for
overnight RV camping on August 23, 24, and 25, 2012. They are requesting to add
the additional night of camping this year (Aug 23), starting on Thursday night instead
of Friday. This is because they’d like to add sailing events on Friday, which they did
not do last year. They expect only 6 to 10 RV’s in the lot overnight. This is the
event’s fifth year of operation. They have provided proof of liability insurance and a
letter from Captain Jack’s indicating their support of the event.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request for overnight camping at
Pere Marquette for this event on August 23, 24, and 25, 2012.
COMMITTEE RECOMMENDATION: This request was recommended for approval
by the City’s Special Event Approval staff.
CITY COMMISSION MEETING DATE
April 24, 2012
Date: April 17, 2012
To: Honorable Mayor and City Commissioners
From: Cathy Brubaker-Clarke, Director of Community
& Economic Development
Re: Special Event Request – Michigan Beach Polo
Request to serve beer & wine during beach polo
event at Pere Marquette Park (first-time event)
SUMMARY OF REQUEST: The organizers of the Michigan Beach Polo event are
requesting to serve beer and wine, with an emphasis on local beers, during their
beach polo event at Pere Marquette Park on June 9, 2012. They are partnering with
the Helen DeVos Children’s Hospital Foundation.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale of beer and wine at Pere
Marquette Park on June 9, 2012 during the beach polo game.
COMMITTEE RECOMMENDATION: This request was recommended for approval
by the City’s Special Event Approval staff.
Date: April 24, 2012
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement for Traffic Signals Warrants Evaluation
@ Various Locations
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with URS Corporation
out of Grand Rapids for a not-to-exceed cost of $31,350 to perform traffic signal
warrants evaluation at various locations throughout, mainly, the downtown area. The
reason behind this request is to eliminate unnecessary stoppage thus saving fuel and
enhancing the traffic movements. Staff feels the study is warranted at this time due to
the modified traffic patterns within the proposed study area due to the construction of
Shoreline Dr. and the conversion of Muskegon & Webster.
The approach at this time is to strictly evaluate the need for signals at the various
locations and the result will presented to the City Commission for further action at a later
date.
FINANCIAL IMPACT:
$31,350.00 for the evaluation and preparation of specifications.
BUDGET ACTION REQUIRED:
None at this time since this project was budgeted for in 2011/2012.
STAFF RECOMMENDATION:
Authorize staff to enter into an agreement with URS Corporation. This recommendation was
arrived to after reviewing two other proposals from Wade Trim ($75,000) & from Progressive
($38,796).
COMMITTEE RECOMMENDATION:
Commission Meeting Date: June 24, 2012
Date: April 18, 2012
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – AFI Machining
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, AFI Machining, 1920 Port City Blvd., has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The total capital
investment will be $1,120,000 in personal property and will create two jobs. This qualifies
them for a tax abatement of six years.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of six (6) years for personal property.
COMMITTEE RECOMMENDATION:
None
4/18/2012
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
AFI MACHINING.
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
1983, this Commission by resolution established an Industrial Development District as requested
by the City of Muskegon for Port City Industrial Park, including the property leased by AFI
Machining, 1920 Port City Blvd., Muskegon, Michigan 49442; and
WHEREAS, AFI Machining has filed an application for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to new machinery and equipment has been installed within said Industrial
Development District ; and
WHEREAS, said application was filed no later than six months after project completion and the Muskegon City
Commission held a public hearing on June 24, 2012, at the Muskegon City Hall in Muskegon, Michigan
at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
units were given written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of AFI Machining , for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the installation of new machinery and equipment on the following
described parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER LOTS 4-6 EXC SLY 45 FT LOT 6 ALSO
EXC N 66 FT LOT 4 DESC AS FOLS COM @ NW COR SD LOT FOR POB TH S 1D 12M 30S W
ALG W LN SD LOT 66.33 FT TH S 89D 42M 48S E 300 FT TO E LN SD LOT TH N 1D 12M 30S E
ALG SD E LN 66.29 FT TO NW COR SD LOT TH N 89D 42M 20S W ALG SD N LN 300 FT TO POB
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of _______ years on personal property.
Adopted this 24th Day of June 2012.
4/18/12
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Warmington
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
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 June 24, 2012.
______________________________
Ann Cummings
Clerk
4/18/12
Commission Meeting Date: April 24, 2012
Date: April 18, 2012
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – AFI Hole Drill
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, AFI Hole Drill, 1920 Port City Blvd., has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The total capital
investment will be $599,800 in personal property and will create two jobs. This qualifies
them for a tax abatement of six years under the current City policy.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of six (6) years for personal property.
COMMITTEE RECOMMENDATION:
None
4/18/2012
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
AFI Hole Drill
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
1983, this Commission by resolution established an Industrial Development District as requested
by the City of Muskegon for Port City Industrial Park, including the property leases by AFI Hole
Drill, 1920 Port City Blvd., Muskegon, Michigan 49442; and
WHEREAS, AFI Hole Drill has filed an application for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to new machinery and equipment has been installed within said Industrial
Development District ; and
WHEREAS, said application was filed no later than six months after project completion and the Muskegon City
Commission held a public hearing on June 24, 2012, at the Muskegon City Hall in Muskegon, Michigan
at 5:30 p.m. at which hearing the applicant, the assessor and representatives of the affected taxing
units were given written notice and were afforded an opportunity to be heard on said application; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of AFI Hole Drill, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the installation of new machinery and equipment on the following
described parcel of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER LOTS 4-6 EXC SLY 45 FT LOT 6 ALSO
EXC N 66 FT LOT 4 DESC AS FOLS COM @ NW COR SD LOT FOR POB TH S 1D 12M 30S W
ALG W LN SD LOT 66.33 FT TH S 89D 42M 48S E 300 FT TO E LN SD LOT TH N 1D 12M 30S E
ALG SD E LN 66.29 FT TO NW COR SD LOT TH N 89D 42M 20S W ALG SD N LN 300 FT TO POB
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of _______ years on personal property.
Adopted this 24th Day of June 2012.
4/18/12
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Warmington
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
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 June 24, 2012.
______________________________
Ann Cummings
Clerk
4/18/12
Commission Meeting Date: April 24, 2012
Date: April 17, 2012
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services Department
RE: Approval of Sale of City-owned home at 1543 Hoyt
SUMMARY OF REQUEST: To approve the attached resolution and instruct
the Community and Neighborhood Services department to complete the sales
transaction between Mr. Kedon Lamphere for the newly constructed home at
1543 Hoyt Street, which is part of the City’s Neighborhood Stabilization
Program (NSP) through the Michigan State Housing Development Authority
Office of Community Development. Mr. Lamphere’s purchase price is
$71,000.
The previous house was foreclosed and demolished. We now have a
beautiful 4-bedroom, 3-1/2 bath home with a 2-car detached garage.
FINANCIAL IMPACT: The proceeds from the sale will be used to complete the
remaining two NSP projects.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and direct the CNS
staff to complete the sale.
COMMITTEE RECOMMENDATION: None.
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
CURRENTLY CITY-OWNED PROPERTY AT 1543 HOYT STREET
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting
homeownership throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approves the sale of 1543 Hoyt Street to Mr. Kedon Lamphere of 1544 Elk
Street, Franklin, PA. Mr. Lamphere will purchase the house as an owner-
occupied structure.
Adopted this 24th day of April, 2012.
Ayes:
Nays:
By ______________________________
Stephen J. Warmington, Mayor
By ______________________________
Ann Marie Cummings, MMC City Clerk
AM_Resolution
AGENDA ITEM NO. ___________________
CITY COMMISSION MEETING April 24, 2012
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: April 18, 2012
RE: Ballot Resolution - Civil Service
SUMMARY OF REQUEST:
To approve a resolution to place a question on the November, 2012, election ballot to eliminate
Civil Service from the City Charter.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the resolution.
COMMITTEE RECOMMENDATION:
None.
pb\AGENDA\BALLOT RESOLUTION – CVL SRVC 041812
Date: April 24, 2012
To: Honorable Mayor and City Commissioners
From: DPW
RE: Muskegon Lake Shoreline Restoration
SUMMARY OF REQUEST:
Consider the West Michigan Shoreline Regional Development Commission’s request to
restore another section of the Muskegon Lake Shoreline as per the attached letter and
map.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve the request since the proposed work includes the cleanup of the area adjacent to
the bike path from all debris.
COMMITTEE RECOMMENDATION:
To: City of Muskegon Commissioners
From: Kathy Evans, West Michigan Shoreline Regional Development Commission
Subject: Muskegon Lake Shoreline Restoration
Date: April 11, 2012
The West Michigan Shoreline Regional Development Commission is requesting the City of
Muskegon’s approval to restore additional fish and wildlife habitat along the stretch of Muskegon
Lake shoreline that is shown in the attached aerial image.
Funding for this restoration will be through the existing WMSRDC/National Oceanic and
Atmospheric Administration (NOAA) grant. No funds are being requested from the City. We
ask that city staff give input and guidance throughout the engineering design and construction
phases, as has been the practice at other restoration locations.
The project will help meet the Muskegon Lake Watershed Partnership’s goal to restore fish and
wildlife habitat, and to ultimately de-list the Muskegon Lake Area of Concern (AOC). It will also
improve aesthetics, scenic views, and fish and wildlife habitat along the Lakeshore Trail.
The restoration proposed for the Lakeshore Trail location will involve:
x Removal of non-native woody and herbaceous plants
x Removal of miscellaneous debris that has filled the wetland, including chunks of broken
concrete, wood and rubble
x Re-planting the shoreline area with native wetland plants, native shrubs and native trees
x Creation of habitat structure for fish and wildlife
DATE: 04/16/2012
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN110049
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
557 W CLAY AVE is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN110049 - 557 W CLAY AVE
Location and ownership: This structure is located on Clay Ave. between 6th and
7th Streets and is owned by SIERADZKI STANLEY.
Staff Correspondence: A dangerous building inspection was conducted on
03/01/11 as result of police report. The Notice and Order to Repair was issued on
03/16/11. On 09/1/11 the HBA declared the structure substandard and
dangerous. A Certificate of Appropriateness from HDC was issued 03/06/12.
Owner Contact: Mr. Sieradzki was present for the HBA meeting dated 09/01/11
stating he would like the option to demolish himself and had obtained 2 bids. Mr.
Sieradzki mentioned idea of preserving back half of structure. No permits have
been issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $31,400 (Entire property)
Estimated cost to repair: $100,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, March 16, 2011
Enforcement # EN110049 Property Address 557 W CLAY AVE
Parcel #24-205-323-0003-00 Owner SIERADZKI STANLEY
Inspector: Henry Faltinowski
Date completed: 03/01/2011
DEFICENCIES:
1. Home was being occupied by homeless person. Building has no
Certificate of Occupancy.
2. Interior is completely stripped out - no insulation or drywall.
3. Framing in home is in need of large repair. Cut joists (floor) ceiling joist
not meeting spans.
4. Broken sewer lines.
5. Incomplete plumbing.
6. Numerous extension cords.
7. No smoke alarms.
8. No floor coverings.
9. No bath facilities or heat.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
DATE: 04/13/2012
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN100207
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at 28
DELAWARE AVE Area 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN100207 - 28 DELAWARE AVE
Location and ownership: This structure is located on Delaware between Ransom
and Arthur Streets and is owned by ENGLAND TINA M & Muskegon County
Treasurer.
Staff Correspondence: A dangerous building inspection was conducted on
12/09/2010. The Notice and Order to Repair was issued on 12/16/2010. On
02/03/2011 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 02/03/11. There
was a forfeiture of property to Muskegon County 03/1/2011. No permits have
been issued and no inspections scheduled. Property received Certificate of
Appropriateness from Historic District Commission 03/06/12.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $12,500(Entire property)
Estimated cost to repair: $8,000(Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Thursday, December 9, 2010
Enforcement # EN100207 Property Address 28 DELAWARE AVE
Parcel #24-205-228-0006-00 Owner ENGLAND TINA M
Inspector: Henry Faltinowski
Date completed: 12/09/2010
DEFICENCIES:
1. Roof shingels missing on home allowing weather elements to entry
home. Replace roof covering call for rafter inspection.
2. Repair damaged foundation wall open gaps in brick.
3. Scrape and paint entire exterior home or reside.
4. Repair all damaged window and door frames.
5. Interior requested by trade inspectors.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
DATE: 04/13/2012
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN110205
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1469 6TH ST Area 10 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN110205 - 1469 6TH ST
Location and ownership: This structure is located on Sixth St. between Grand
and Washington Streets and is owned by ZAMARRON ANTONIO.
Staff Correspondence: A dangerous building inspection was conducted on
11/30/11. The Notice and Order to Repair was issued on 12/07/11. On 02/02/12
the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 02/02/12. All
notices sent certified mail have returned unclaimed. No permits have been
issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 18,700(Entire property)
Estimated cost to repair: $ 15,000 (Exterior Only)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION
REPORT
Wednesday, November 30, 2011
Enforcement # EN110205 Property Address 1469 6TH ST
Parcel #24-205-406-0022-00 Owner ZAMARRON ANTONIO
Inspector: Henry Faltinowski
Date completed: 11/30/2011
DEFICENCIES:
1. Major interior vandalism - kicked in ceilings , walls.
2. Broken out windows.
3. Roof covering damage repair - replace.
4. Garage windows & doors damaged.
5. Home is open/unsecured.
Request interior inspection by all trades, electrical, mechanical and
plumbing. Please contact Inspection Services with any questions or to
schedule an inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724
6758.
Based upon my recent inspection of the above property I determined that the
structure meets the definition of a Dangerous Building and/or Substandard
Building as set forth in Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date