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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 10, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
A. Resolution – Recognition of JAAR Partnerships Fourth Year Participation
in the “Good Buddy Bucks” Program Director of Public Safety
B. Nelson Adopt-A-Lot Program
C. Resolution – Recognition of Fall 2015 Citizen’s Academy Graduates
Director of Public Safety
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Demolition of 1785 Beidler – City “Grant” to Share in Costs
Planning & Economic Development Department
C. Heritage Square Development LLC – Amendment to Construction Loan
Note Finance Director
D. Bid Tabulation for Installation of Locker Room at L.C. Walker Arena
City Manager and Finance Director
E. Fireworks Delegation of Authority Agreement Director of Public Safety
F. Sale of Buildable Vacant Lot at 163 Iona Planning & Economic
Development Department
G. Amendment to the No Smoking Policy City Clerk
H. Purchase Agreement-Hippchen Property Planning & Economic
Development Department
I. Roof Maintenance/Repair Central Station (Terrace St.)
Director of Public Safety
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
A. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish – 236 Washington (garage only) Director of Public Safety -
Item tabled at Commission Meeting on October 13, 2015, to be
revisited on November 10, 2015
□ NEW BUSINESS:
A. Transmittal of June 30, 2015 Comprehensive Annual Financial Report
Finance Director
B. Operations Management Contract and Liquor License Management
Agreement – L.C. Walker Arena City Manager and Finance Director
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish – 329 Washington Director of Public Safety
□ 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 MEISCH, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231) 724-
6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: November 5, 2015
There are a number of important items on the agenda this week. Accordingly, I thought you
could use a little background as you prepare.
1. We have honors/awards. The first is in recognition of JAAR, Inc.’s partnership with
the MUPD to create the “Good Buddy Bucks” program. The second is in recognition
of the individuals and groups that adopted lots in the Nelson Neighborhood this past
summer. The third is recognition of the fall 2015 Citizen’s Academy graduates.
2. Under the consent agenda, we are asking the Commission to for approval of the
following:
a. Last meeting’s minutes.
b. This is a cost‐share voluntary demolition at 1785 Beidler. This property is located at
a prominent intersection of our community (Laketon and Beidler). It is owned by the
same individual that owns/operates Wayne’s Deli. The owner has resources to
participate 50/50 in the demolition. We consider this to be a proactive way to fight
blight and avoid the dangerous building process, while getting significant property
owner buy‐in. If successful, this model could be implemented in other areas of the
city.
c. An amendment to the Heritage Square Townhouse Development Agreement to waive
the accrued interest on the city’s loan to the developer in exchange for payment of
the note in full and the commencement of another unit with private funding. The
goal of this loan was to jumpstart the development and demonstrate to private sector
lenders that the project is a viable investment. While we are not overly happy with
the expediency of the work, we are very happy with the quality of the units. Once
repaid, the $500,000 will be deposited back into the Sappi Economic Development
Fund, with the expectation that a similar investment could be made at another time.
d. Locker Room Construction at the LC Walker Arena. We originally budgeted $30,000
to undertake this task. We received 4 bids, with the lowest being $37,540. The
original plan called for the remodeling of Locker Room A (an existing locker room).
This plan would cause an immediate problem with locker room space and would have
lead to additional investment in another locker room to accommodate the various
teams that use the facility. Instead, we converted a conference room into a locker
room and created a shared shower/restroom with the Lumber Jacks. The project
called for a very fast timeline (RP Hockey’s lease called for the arena to have a locker
room available by October). Accordingly, staff has already administratively approved
the low bidder, and the construction commenced immediately. RP is very happy with
the quality of the locker room. The team’s $12,000 contribution to the construction
is built into their rent over the next five years.
e. Fireworks Delegations of Authority Agreement. The agreement will allow the fire
department to conduct inspections of fireworks sales facilities. Trained staff is already
in place and we view this as an opportunity to create additional revenue via the fire
department. The inspections would be conducted by a state‐approved agency if the
MUFD did not enter into this agreement.
f. Sale of a buildable lot to an adjacent property owner. The vacant lot is located at 163
Iona. The lot is 66 x 132 ft. and is being offered to Craig Person for $800 plus the fee
to register the deed. Craig Person will be combining this property with his existing
property, which would be considered unbuildable should his home be destroyed over
75%. His property is an odd shape and only has 5,874 sq. ft. The True Cash Value
(TCV) for the property listed in the Assessor’s office is $2,500, and our price is set at
$1,875 which is 75% of that amount. The City has owned the property for a very long
time and there have been no inquiries for potential construction. By combining this
lot with Mr. Person’s property it will give him a buildable lot should anything happen
to his home. This is in the McLaughlin Neighborhood. The City has spent an average
of $233.83 per year in maintenance of the vacant lot since 2002.
g. Amend the non‐smoking policy at city facilities to update consequences for
employee violations as well as definitions of tobacco products.
h. Purchase of 78 feet of frontage on Houston Ave from Dolly and Tom Hippchen (235
Houston) to create two additional buildable lots in the Midtown Square
Development. Without this purchase, the Houston side of the project would only
accommodate two home sites. Once this sale is closed, we will be prepared to enter
into an agreement with the builder to construct the nine homes. The purchase price
of $12,000 is similar to the per lot price paid to MCI for their nine lots. We would also
be agreeing to relocate the Hippchen’s fence and some landscaping.
i. Roof repair at Central Fire Station. The $19,200 repair is necessary to fix a sizable
leak in the area that houses Central Dispatch. Note that this price is to replace the
hip roof, and not the flat roof over the truck bays.
3. Unfinished Business
a. We are asking the Commission to concur with the HBA on the garage demolition
at 236 Washington. This was tabled from a previous Commission meeting. The
owner has yet to comply, although her son has pulled a building permit.
4. Under New Business:
a. The CAFR was sent earlier by email and hard copy. It is being submitted formally
to the City Commission.
b. We are seeking formal approval of the LC Walker Management Agreement with
Tim Taylor. Staff was approved to hire Tim at a rate of $75,000. The agreement
spells out our relationship and our expectations. The agreement also provides
incentives to get the building into a positive cash flow position. The arena has
required hundreds of thousands of dollars of subsidy annually for many years ‐
making it cash flow positive without the subsidy would be a monumental feat.
This is less than what a full‐time employee with a full benefit package would cost
the city annually.
c. Concurrence with the HBA’s decision to demolish the structure at 329
Washington.
If there are questions on any agenda items, please try to let staff know in advance and we will
be sure to have the appropriate data/research available at the meeting.
Date: November 4, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the October 27,
2015 City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 27, 2015
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, October 27, 2015.
Pastor Marcy Miller, from Samuel Lutheran Church, opened the meeting with
prayer, after which the Commission and public recited the Pledge of Allegiance
to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro, Commissioners
Turnquist, Johnson, Hood, Rinsema-Sybenga, and German. City Manager
Franklin Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Eric Hood
2015-77 AMEND THE AGENDA:
Motion to Amend the Agenda:
Motion by Vice Mayor Spataro, second by Commissioner Turnquist, to amend
the agenda to move the Public Hearing for confirmation of the special
assessment roll for street lighting to the top of the agenda due to public interest.
ROLL VOTE: Ayes: Johnson, Gawron, Spataro, German, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
INTRODUCTIONS/PRESENTATION:
A. Tribute to Richard Hunt – Mayor Gawron presented a Tribute of Richard
Hunt, to Judy Hayner, Title honoring Mr. Hunt for his art.
2015-78 PUBLIC HEARING:
B. Public Hearing – Confirmation of Special Assessment Roll – Street
Lighting City Treasurer
SUMMARY OF REQUEST: Confirm the Special Assessment Roll for Street Lighting.
FINANCIAL IMPACT: $506,870.00 per year – this figure is based on the initial tax
roll with 14,482 parcels.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Confirm the Roll for Special Assessment, establish the
amount to levy on all eligible properties for 5 years, and approve the resolution.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
amend the amount of the assessment from $35 per year to $26 per year.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
Motion by Commissioner German, second by Vice Mayor Spataro, to open the
public hearing for confirmation of the special assessment roll for street lighting.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Public Participation: the following members of the public spoke regarding the
confirmation of the special assessment roll for street lighting.
Garland Kilgore, III – spoke in favor, wife, however, is in opposition,
1043 Francis
Toni Gurn, Lakeshore Drive Apartments – not opposed but individual
owners should not be taxed for multi-unit
The following spoke in opposition:
Pat Caradine, 1397 E Isabella Thomas Spaniola, 3345 Thompson Ave
Eunice Beck, 1471 5th Street Colby Beckstrom, 1860 Walnut
Michael & Mary Thompson, 1309 Ada
Jesus R. Pena, 1857 Walnut Roy McDonald, 1322 Wesley
Jerome Franklin, 373 E. Holbrook Amecia Kilgore, 933 Kampenga
Howard Collins, 450 W. Grand August Panuzi, 2137 Hudson
Paul Simons, 1485 Randolph Robert Calkins, 1322 Leonard
Tiffany Harper, 993 Michigan Female, 1780 Duchess Ct – owns several
properties
Jim Hoosier, 1240 W. Forest Robert Skants, 990 W. Hackley
David Scouten, 1468 W. Harbour Towne Circle
David Runk, resides in Norton Shores has slip at Harbour Towne Marina
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
close the Public Hearing.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, and Gawron
Nays: Johnson
MOTION PASSES
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro, to
table the issue so that it may be considered by the full Commission.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
Nays: Turnquist, Johnson, and German
MOTION FAILS
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
confirm the special assessment roll for street lighting.
ROLL VOTE: Ayes: Rinsema-Sybenga, Gawron, and Spataro
Nays: German, Turnquist, and Johnson
MOTION FAILS
2015-79 CONSENT AGENDA:
A. Approval of Minutes City Clerk
SUMMARY OF REQUEST: To approve the minutes of the October 12, 2015
Worksession Meeting and the October 13, 2015 City Commission Meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
B. Request to Adopt the Muskegon Parking Strategy as Part of the Master
Land Use Plan Planning & Economic Development
SUMMARY OF REQUEST: Staff initiated request to adopt the recently completed
Parking Strategy as part of the Master Land Use Plan. The strategy was
developed in partnership with private consultants as a guide for future parking
policies as downtown continues to be developed.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the Parking Strategy as part of the Master
Land Use Plan.
D. West Michigan Metropolitan Transportation Planning Program
(WestPlan) Dues FY2015 (October 1, 2015 – September 30, 2016) City
Manager
SUMMARY OF REQUEST: To approve the City of Muskegon’s portion of the
WestPlan dues, payable to West Michigan Shoreline Regional Development
Commission. The agency determines projects and distributes federal
transportation funds.
FINANCIAL IMPACT: $16,040.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request.
E. Sale of Boat Slip (A-08) at Harbour Towne Department of Public Works
SUMMARY OF REQUEST:
1. Vacate previous authorization from August 25, 2015 for staff to
negotiate and execute an agreement with Mr. and Mrs. Hall for the
purchase of slip # A-08 at Harbour Towne Marina.
2. Authorize the Mayor and Clerk to sign the purchase agreement for the
sale of the same slip to the Meyers as per the attached purchase
agreement for $28,000 plus all associated costs of the sale.
The Halls have withdrawn their offer and elected to buy a different slip at
Harbour Towne.
FINANCIAL IMPACT: The sale price of $28,000 plus associated costs which will
be used to settle the city’s obligations regarding this slip.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: Vacate the action taken on the 25th of August 2015
regarding this matter and authorize the Mayor and Clerk to execute the
purchase agreement with the Meyers.
F. Marsh Field Management Agreement Department of Public Works
SUMMARY OF REQUEST: Authorize the Mayor and City Clerk to execute the
“Marsh Field Baseball Facility Management Agreement” with the Muskegon
Clippers Baseball Club (MCBC). Furthermore, if approved, authorize staff to issue
the previously approved contribution to this new group rather than to Lakeshore
Baseball Club.
FINANCIAL IMPACT: The Muskegon Clippers Baseball Club (MCBC) will
continue to expand the operations of this facility and will invest in improvements
to the facility.
BUDGET ACTION REQUIRED: None. The contract continues to offer savings in
maintenance costs for the City and creates opportunities for capital
improvements by MCBC that the City is unable to accomplish at this time.
STAFF RECOMMENDATION: Approve the request.
Motion by Vice Mayor Spataro, second by Commissioner German, to approve
the consent agenda as read, with the exception of item C.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Spataro, German, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2015-80 ITEMS REMOVED FROM CONSENT AGENDA:
C. Asbestos Survey Bids – MSHDA Land Bank Grant Planning & Economic
Development
SUMMARY OF REQUEST: A requirement of the MSHDA Land Bank Grant for
demolitions is that we have asbestos surveys done for all properties included. To
save time, we put out a request for bids for a firm to do the asbestos surveys for
all the properties (33 properties originally included in the grant…some of those
will be changing due to property owners moving forward with demolitions
themselves, allowing us to add new properties in for demolition). The bids were
received October 20, 2015. Once the surveys are complete, bids will be
obtained for the asbestos abatement and demolition of the properties.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve Environmental Testing and Consulting,
Inc. as the firm to complete the asbestos surveys for all the properties included in
the MSHDA Land Bank demolition grant and authorize staff to sign any
necessary documents.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to approve
Environmental Testing and Consulting, Inc. as the firm to complete the asbestos
surveys for all the properties included in the MSHDA Land Bank demolition grant
and authorize staff to sign any necessary documents.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2015-81 PUBLIC HEARINGS:
A. Public Hearing – Request for the Establishment of an Industrial
Development District at 1690 Creston Street Planning & Economic
Development
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended,
Production Fabricators, Inc. has requested to establish an Industrial
Development District at 1690 Creston Street. The company is in the process of
purchasing the property from the City and will eventually be expanding their
business on site. The establishment of the district will allow the company to
become eligible for Industrial Facilities Tax Abatements (IFTs).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the establishment of the Industrial
Development District.
Public hearing was opened to receive comments from the public.
No comments were received.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to close the
public hearing and approve the establishment of the Industrial Development
District.
ROLL VOTE: Ayes: Gawron, Spataro, German, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2015-82 CLOSED SESSION:
B. To Discuss Pending Litigation
Motion by Commissioner Rinsema-Sybenga, second by Vice Mayor Spataro to
go into closed session to discuss pending litigation.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga, to
come out of closed session and to settle the suit as discussed, consistent with the
city attorney’s recommendation.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Spataro
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 8:34 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
Commission Meeting Date: November 10, 2015
Date: October 19, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Demolition of 1785 Beidler- City “Grant” to Share
in Costs
SUMMARY OF REQUEST: Pat Bogner, owner of 1785 Beidler, is requesting “grant”
assistance from the City in demolishing the commercial property next to her
business, Wayne’s Deli (746 W Laketon Ave). This property is not in the specific
areas covered by the MSHDA Land Bank Demolition Grant. However, it is in a critical
commercial corridor along Laketon Avenue where removal of the blighted building
would make a positive impact. Therefore, staff is recommending a cost share for the
demolition of the building. After demolition, the property will be landscaped to create
a green space (see attached letter).
FINANCIAL IMPACT: The quote Ms. Bogner intends to accept, if a grant is received
from the City, is from Press in the amount of $8,720.00. It is recommended that the
City pay $4,360.00, or half the amount of the quoted price, which will be paid from the
City’s current budget for building demolitions.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To accept the cost share with Ms. Bogner for the
quote from Press in the amount of $8,720.00, with the City to pay up to $4,360.00 (or
half the amount); with payment made after the demolition and landscaping of the
property has been completed.
September 9, 2015
Cathy Brubaker-Clarke
Shorelinecity.com
Re: Application for grant assistance
Dear Cathy,
Pursuant to our conversation regarding cost assistance for the demolition of my building located at
Beidler Street and Laketon Ave. (1785 Beidler), I am submitting the proposals received to date for this
demolition and clean-up process.
My intent is to have this building totally removed with the lot being landscaped to create a “green”
space.
Below are the quotes received for the demolition and creation of green space:
1. Press’s LLC – Demolition, permit to demolish building, haul debris, including concrete, to
salvage yards, grass seed lot. $8,720.00
2. Asphalt Paving, Inc. – Mill along concrete as necessary and place bituminous tack coat & bond
and pave w/one 2” hot mix asphalt. $14,400.00
3. R & R Landscape – Top soil vacant lot with high end seed, ornamental easy maintenance trees
and some large rock. $8,700.00
4. Mast Mini-Barn – Erect one 10x14 “cottage” style storage shed. $3,416.28. Currently, all of my
non-perishable inventory (bags, plates, baskets, etc.) for use in running Wayne’s Deli are stored
in the back Northwest corner of the Beilder Street building.
5. City of Muskegon – installation of water pit for underground sprinkling, using the existing service
once building is demolished and green space created. $1,800.00-$2,200.00. This quote does
not include the cost of the meter and radio which is $350.00.
Thank you for your assistance in my request for a grant for help towards this undertaking. This building
is beyond being saved for future use and removing it from this lot will be a “win” for both the City of
Muskegon and me.
Should you need any further information or copies of the proposals, please do not hesitate to contact
me. I can be reached at 231-740-1101.
Sincerely,
Patricia Bogner
President/Owner
The Bogs Corp
Commission Meeting Date: November 10, 2015
Date: November 3, 2015
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Heritage Square Development LLC – Amendment to
Construction Loan Note
SUMMARY OF REQUEST: At the June 24, 2014 meeting, the Commission
approved a Construction Loan Agreement, Commercial Construction Mortgage,
Commercial Guaranty (Mr. Post’s personal Guaranty), Security Agreement,
Assignment of Rents and Leases, and Assignment of Plans and Specifications in
order to loan $500,000 to Heritage Square Development LLC for the construction of
two townhouses at Heritage Square.
The construction of the two townhouses has now been completed. At this time,
Heritage Square Development, LLC is proposing to repay the principal amount of
$500,000, plus interest accrued to October 30, 2015, by November 6, 2015, and the
City would rebate the accrued interest paid on the condition that Heritage Square
submits plans for one or more additional units contiguous to the townhouses
currently constructed and foundations for the proposed unit(s) are poured no later
than four weeks after the permits are approved by SafeBuilt.
FINANCIAL IMPACT: The $500,000 borrowed from the City by Heritage Square,
LLC will be repaid by the borrower and deposited back into the City’s “economic
development fund”.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Amendment to Construction
Loan Note and authorize the Mayor and Clerk’s signatures on the documents.
Commission Meeting Date: November 10, 2015
Date: November 3, 2015
To: Honorable Mayor and City Commissioners
From: City Manager and Finance Director
RE: Bid Tabulation for Installation of Locker Room at
L.C. Walker Arena
SUMMARY OF REQUEST: With the execution of the lease with Reeths-Puffer
High School to use the L.C. Walker Arena for their varsity hockey, additional locker
room space was required at the arena. Four bids were received from contractors to
perform the work to construct a new locker room at the arena. A bid tabulation
summary is attached. Grand Haven Construction was the lowest cost from the bids
received. Therefore, based on cost and quality of work, staff requests the approval of
Grand Haven Construction in the installation of the new locker room at the arena.
FINANCIAL IMPACT: Total proposed cost of $37,540 to install new locker room.
BUDGET ACTION REQUIRED: Fiscal year 2015-16 budget included $30,000
in the general fund for L.C. Walker Arena locker room improvements. FY2015-16
budget to be adjusted to reflect actual cost.
STAFF RECOMMENDATION: To approve the bid received from Grand Haven
Construction for the installation of new locker room at L.C. Walker Arena.
Commission Meeting Date: NOVEMBER 10, 2015
Date: October 27, 2015
To: Honorable Mayor and City Commission
From: Director of Public Safety
RE: Fireworks Delegation of Authority Agreement
____________________________________________________________________
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the “Fireworks Delegation of Authority Agreement
pursuant to PA 256” for 2016.
The Bureau of Fire Services is seeking departments that are interested in applying for
inspection delegation for consumer fireworks retail sales facilities (CFRS) under Section
19 of PA 256 of 2011. The delegation is for one (1) year. The fire department would be
responsible for conducting inspections of the permanent and temporary CFRS locations
within its jurisdiction (City of Muskegon). Entities that apply for delegation will receive
70% of the application fee that is paid for the consumer fireworks certificate ($700.00 for
permanent structure and $420.00 for temporary structure).
Currently, the MUFD has two Certified Fire Inspectors that are qualified to perform this
task. Application will be made upon acceptance by the City Commission.
FINANCIAL IMPACT: Positive financial impact as fees are paid to conduct inspections.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: The Director requests staff recommend approval of the
2016 Fireworks Delegation of Authority Agreement.
CITY OF MUSKEGON
RESOLUTION
WHEREAS, the City of Muskegon finds it necessary to conduct Fireworks
Delegation of Authority Authorization Pursuant to PA 256; and
WHEREAS, the City of Muskegon will conduct fireworks inspections within its
jurisdiction and/or perform said inspection/s upon request/s per
mutual aid; and
WHEREAS, the inspections will generate fees to the City of Muskegon ($700.00
permanent structure, $420.00 temporary structure)
NOW THEREFORE BE IT RESOLVES that the City Commission authorized
the Muskegon Fire Department certified inspectors to perform
Fireworks Delegation Inspections as stated.
Signed this 10th day of November, 2015.
_______________________________
Stephen J. Gawron, Mayor
STATE OF MICHIGAN
RICK SNYDER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MIKE ZIMMER
GOVERNOR DIRECTOR
BUREAU OF FIRE SERVICES
MICHAEL DEPREZ
ACTING STATE FIRE MARSHAL
FIREWORKS DELEGATION OF AUTHORITY AGREEMENT
Between
The Michigan Department of Licensing & Regulatory Affairs
Bureau of Fire Services
and
Muskegon Fire Department
EXPIRATION
April 30, 2017
I. Purpose
This agreement is entered into for the purpose of delegating responsibility for inspections of
consumer fireworks retail locations in accordance with the Michigan Fireworks Safety Act, PA
256 of 2011, as amended, MCL 28.469.
II. Local Agency Responsibilities
The Muskegon Fire Department agency agrees:
A. To abide by all terms of this agreement including all attachments (i.e. procedures).
B. To the use of State Certified Fire Inspectors to perform all delegated inspections.
C. To complete all delegated inspections within the time frames as specified by the
Department of Licensing & Regulatory Affairs, Bureau of Fire Services.
D. To complete all delegated inspections using the applicable rules promulgated in
accordance with MCL 28.470.
E. To utilize all report forms and reporting formats required by the Department of Licensing
& Regulatory Affairs, Bureau of Fire Services, for all delegated inspections of consumer
fireworks retail locations.
F. To follow and apply all Department of Licensing & Regulatory Affairs, Bureau of Fire
Services, procedures regarding the inspection of consumer fireworks retail locations.
G. To the proper conduct and demeanor of their employee(s) while performing delegated
inspections in accordance with this agreement.
LARA is an equal opportunity employer
Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.
3101 TECHNOLOGY BLVD., SUITE H • P.O. BOX 30700 • LANSING, MICHIGAN 48909
www.michigan.gov/bfs • (517) 241-8847 • Fax: (517) 332-1427 or (517) 332-1428
BFS-405 (Rev 9/2015/14)
H. To attend training opportunities provided by the Department of Licensing & Regulatory
Affairs, Bureau of Fire Services, necessary for the proper completion of delegated
inspections.
III. Department of Licensing & Regulatory Affairs, Bureau of Fire Services responsibilities
The Bureau of Fire Services agrees:
A. To abide by the terms of this agreement, including all attachments.
B. To provide the technical assistance and supervision necessary for the proper
administration of this agreement.
C. To provide any report forms and reporting formats required by the Department of
Licensing & Regulatory Affairs, Bureau of Fire Services, for the reporting of inspections
performed in accordance with this agreement.
D. To provide the Muskegon Fire Department with copies of applicable Department of
Licensing & Regulatory Affairs, Bureau of Fire Services procedures, manuals, or other
documents necessary for the implementation of this agreement.
E. To provide the opportunity for training for an appropriate number of employees of the
Muskegon Fire Department, as determined by the Department of Licensing &
Regulatory Affairs, Bureau of Fire Services, regarding rules, laws, or procedures
necessary for the completion of inspections delegated in accordance with this
agreement.
F. To annually review the delegation of authority to perform inspections of consumer
fireworks retail locations to verify compliance with MCL 28.455.
G. To notify the Agency, in writing, of intent to revoke delegated authority if the Department
of Licensing & Regulatory Affairs, Bureau of Fire Services, finds that the terms of the
agreement have not been kept, or if the Department intends to withdraw the delegation
program.
H. To revoke the authority of the employee(s) to perform delegated inspections upon
notification of the Muskegon Fire Department that the request for delegation has been
rescinded.
I. To inform the State Fire Safety Board of all decisions by the Department of Licensing &
Regulatory Affairs, Bureau of Fire Services, in delegating or revoking the authority
delegated under MCL 28.469.
IV. Conflict of Interest
The Muskegon Fire Department and the Department of Licensing & Regulatory Affairs, Bureau
of Fire Services, are subject to the provisions of Act No. 317, PA of 1968, as amended, being
MCL 15.321 et seq, and Act No. 196, PA of 1973, as amended, being MCL 15.341 et seq.
V. Liability
A. All liability and/or loss or damage as a result of claims, demands, costs, or judgments
arising out of activities that are the responsibility of the Muskegon Fire Department or
unit of government pursuant to the terms of this agreement shall be the responsibility of
the Agency if the liability, loss, or damage is caused by, or arises out of, the actions or
failure to act on the part of the unit of government or its employees either directly or
indirectly, provided that nothing herein shall be construed as a waiver of any
governmental immunity available to the government body or unit of government or its
employees by common law, statute, or court decision.
B. All liability and/or loss or damage as a result of claims, demands, costs, or judgments
arising out of activities that are the responsibility of the Department of Licensing &
Regulatory Affairs, Bureau of Fire Services, or its employees shall be the responsibility of
the Department if the liability, loss, or damage is caused by, or arises out of, the actions
or failure to act on the part of the Department or its employees either directly or indirectly,
provided that nothing herein shall be construed as a waiver of any governmental immunity
available to the State, its agencies, the Department of Licensing & Regulatory Affairs,
Bureau of Fire Services, or the employees of any of them as provided by common law,
statute, or court decision.
C. In the event that liability to third parties, and/or loss, or damages arises as a result of
activities which go beyond the mere fact of agreement between the Muskegon Fire
Department, and the Department of Licensing & Regulatory Affairs, Bureau of Fire
Services, in fulfillment of their responsibilities under this agreement, such a liability, loss
or damage shall be borne in relation to each party’s responsibilities under that joint
activity, provided that nothing herein shall be construed as a waiver of any governmental
immunity available to the governing body, unit of government, the State and the
Department of Licensing & Regulatory Affairs, Bureau of Fire Services, or the employees
of any of them, as provided by common law, statute, or court decision.
VI. Compensation from Application Fees
During the time this agreement is in effect, the financial entity for the Muskegon Fire
Department will receive 70% of the consumer fireworks application fee paid by the applicant
for facility inspection duties within the Muskegon Fire Department jurisdiction. This amounts
to $700 per permanent structure and $420 per temporary structure.
VII. Statutory Authority
Authority to perform inspections of consumer fireworks retail locations to verify compliance with
MCL 28.455 is delegated to the BFS approved certified fire inspector(s) of the Muskegon Fire
Department by the Department of Licensing & Regulatory Affairs, Bureau of Fire Services,
under provision of Michigan Fireworks Safety Act, PA 256 of 2011 as amended, MCL 28.469.
This delegation does not include any authority to issue citations or otherwise enforce the
provisions of the Fireworks Safety Act.
Franklin Peterson City Manager
Print Name of Local Certifying Official Title of Local Certifying Official
Certifying Official Signature Date
Jeffrey A. Lewis
Printed Name of Fire Chief
Fire Chief Signature Date
Michael Deprez
Printed Name of Acting State Fire Marshal
Acting State Fire Marshal Signature Date
Commission Meeting Date: November 10, 2015
Date: November 3, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Sale of Buildable Vacant Lot at 163 Iona.
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 163 Iona Ave. (Parcel #24-205-244-0011-
00) to Craig Person to combine with his property at 169 Iona Ave., Muskegon, MI. The lot is
66 x 132 ft. and is being offered to Craig Person for $800 plus the fee to register the deed.
FINANCIAL IMPACT:
The sale of this lot will generate additional tax revenue for the City and will place the
property back on the City’s tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 163 IONA FOR $800.
WHEREAS, Craig Person will be allowed to purchase the parcel designated as number 24-205-244-0011-00,
located at 163 Iona for $800; and
WHEREAS, Craig Person will combine this with the property he owns at 169 Iona; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of further maintenance
costs; and
WHEREAS, the sale of a buildable lot would require a home to be constructed; instead he will be combining this
with his current property that does have a home; and
WHEREAS, he will not be constructing a new home on this parcel; and
NOW THEREFORE BE IT RESOLVED, that parcel number 24-205-244-0011-00, located at 163 Iona Ave. be
sold to Craig Person for $800.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 11 BLOCK 244
Adopted this 10th day of November, 2015
Ayes:
Nays:
Absent
By: _________________________
Stephen J. Gawron
Mayor
Attest: ________________________
Ann Meisch, MMC
City Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on November 10,
2015.
By: ________________________
Ann Meisch, MMC
City Clerk
Date: November 10, 2015
To: Honorable Mayor and City Commissioners
From: Ann Meisch, City Clerk
RE: Amendment to the No Smoking Policy
SUMMARY OF REQUEST: In 1993, the City adopted a No Smoking policy. In
2009, the City was required to adopt the Muskegon County Clean Indoor Air
Regulation. The Clean Indoor Air Regulation policy does not give a definition of
smoking. The 1993 No Smoking policy does list a definition of smoking.
In the past several years, other “tobacco products” have come along. The Muskegon
County Health Department has provided a current definition of “tobacco products”
that have been added to the City’s No Smoking policy and those additions are
highlighted on the attached document.
We are also requesting to change the language for violations to more accurately
reflect the personnel rules currently in place.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the updated No Smoking Policy.
CITY OF MUSKEGON
SMOKING POLICY
A. Purpose
1. To protect the indoor air quality of City of Muskegon facilities and vehicles.
2. To protect the public health and welfare by prohibiting smoking in enclosed areas of City
facilities.
3. To recognize that where the needs of smokers and nonsmokers conflict, the need to breathe
smoke free air has priority.
B. Policy
1. Smoke Free
City of Muskegon facilities and vehicles shall be entirely smoke free.
2. Prohibitions
Smoking will be strictly prohibited within all work areas and public spaces including:
a) Conference Rooms
b) Reception areas
c) Restrooms
d) Stairwells
e) Hallways
f) Lobbies
g) Entryways
h) Work stations of all fully enclosed city facilities
i) Within all city vehicles
j) Leased offices within a city facility
3. Exceptions
Smoking shall be allowed in facilities, which are owned by the City of Muskegon, but are
leased in their entirety to another entity.
4. No Smoking Statement
SMOKING PROHIBITED IN THIS BUILDING PURSUANT TO THE MICHIGAN CLEAN INDOOR AIR
ACT P.A. AS AMENDED P.A.294, 296 AND 315 AND PURSUANT TO THE CITY OF MUSKEGON
NO SMOKING POLICY.
5. Prominent Signs
Prominent signs displaying the no smoking statement will be posted at all entrances and
throughout each fully enclosed city facility.
6. New Employees
New Employees will receive a copy of this policy by department heads or supervisors.
Revised September 2015
C. ENFORCEMENT OF POLICY
1. All Persons
This policy require the cooperation of smokers and nonsmokers. Employees, clients,
contractors, and all visitors are responsible to comply and enforce the policy.
2. Reporting Violations
a) Persons observing a violation of this article may bring it to the attention of a supervisor,
department head or the City of Muskegon Police Department.
b) Any person may bring legal action to enforce this article, notwithstanding any other
provision of this article.
c) Employees observing a violation of this policy should bring it to the attention of their
immediate supervisor.
3. Immediate Supervisor
Immediate supervisors receiving a complaint will investigate and take action to resolve the
issue as soon as possible.
4. Violations and Penalties
a) It is unlawful for any person who manages, operates or otherwise controls the use of
any premises owned by the City of Muskegon to fail to comply with any of this article’s
provisions.
b) Violations may result in discipline up to an including termination.
b) Any person who violates any provision of this article shall be guilty of an infraction,
punishable by:
(1) First Violation: Fine not exceeding one hundred dollars ($100.00). Person given copy
of smoking policy at no cost to the violator.
(2) Second violation within one year of the first violation: Fine not exceeding two
hundred dollars ($200.00).
(3) Each additional violation within one year of the previous violation: Fine not
exceeding five hundred dollars ($500.00).
Definitions, Severability, and other laws
Definitions
a) The following words and phrases, whenever used in this article will be construed as
defined in this section.
b) Employee: Any person that the City of Muskegon employs and receives direct or indirect
monetary wage from the City of Muskegon or volunteers his or her services to the City.
c) Employer: City of Muskegon
d) Enclosed areas: All space between a floor and ceiling which a solid wall or window
encloses on all sides, and extends from the floor to the ceiling, including all space
therein screened by partitions which do not extend to the ceiling or are not solid.
e) Smoking: The use of any tobacco product, including but not limited to: Inhaling,
exhaling, burning or carrying any lighted cigar, cigarette, weed, plant, or other
combustible substance in any manner or in any form.
f) Severable: Ability to exist with certain portions extracted.
Revised September 2015
g) “Tobacco Product” means any product containing, made or derived from tobacco that is
intended for human consumption. Tobacco products include, but are not limited to,
cigars; little cigars; cheroots; periques; granulated, plug cut, crimp cut, ready rubbed,
and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-
cut and other chewing tobacco; shorts ; refuse scraps, clippings, cuttings and sweepings
of tobacco, cigarettes, and other kinds and forms of tobacco. Tobacco Product also
includes electronic cigarettes. Tobacco products excludes any tobacco product that has
been approved by the USFDA for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being marketed and sold
solely for such an approved purpose.
1. Severability
If any provision, clause, sentence, or paragraph of this article or the application there of to
any person or circumstances shall be held invalid, such invalidity shall not affect the other
provisions of this article. This article can be given effect without the invalid provisions or
application, and to this end the provision of the article are declared to be severable.
2. Other Application Laws
This article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Revised September 2015
Commission Meeting Date: November 10, 2015
Date: November 4, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Purchase Agreement- Hippchen Property
SUMMARY OF REQUEST: Tom and Dolly Hippchen (325 Houston) have agreed to
sell the City a portion of their property. This property is needed to add to the adjacent
City owned property so that four new homes can be built on Houston Avenue. The
price for the property is $12,000, with some additional costs associated with the
relocation of the fences and landscaping.
FINANCIAL IMPACT: The cost for the property is $12,000, with some minor costs
associated with the relocation of fences and landscaping. However, by purchasing
the additional property, it will enable the City to build four new homes on Houston
Avenue. Without this additional property, the City would only be able to have two
buildable lots on Houston.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Purchase Agreement between Tom
and Dolly Hippchen and the City and to authorize staff to sign any necessary
documents for the property transaction and to authorize the expenditures necessary
for the fence and landscaping relocations.
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made ___________, 2015 (“Effective Date”), by and between
the CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Buyer"), and Thomas & Dardinella Hippchen, of 325 Houston, Muskegon,
Michigan 49441 ("Seller").
Recitals
A. Seller owns the parcel located at 325 Houston Avenue upon which their home is located.
B. Seller also owns the lot along Houston Avenue directly adjacent to 325 Houston Avenue
(“Adjacent Lot.”) This Adjacent Lot is vacant except for landscaping and a garden.
C. Buyer wishes to acquire a portion of Seller’s Adjacent Lot for completion of a City
Housing Initiative that includes development of nine new homes on the block.
D. A Lot Split shall be performed and a survey conducted to establish the boundaries of the
parcel Seller shall sell to Buyer.
Agreement
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, title and interest in all adjoining public ways, located in the City of
Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
SEE ATTACHMENT 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 Twelve-Thousand Dollars ($12,000), 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.
4. Title Insurance. Buyer agrees to deliver to Seller, on or before the closing date,
a commitment for title insurance, issued by Land America Transnation Title Insurance Company,
for an amount not less than the purchase price stated in this Agreement, guaranteeing title on the
conditions required herein. In the event the reservations, restrictions or easements of record
disclosed by said title commitment is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness of restriction and such unmarketability of title, to remedy such objections. If
Seller resolves such restrictions and remedies the title (by obtaining satisfactory title insurance or
otherwise) within the time specified, Buyer agrees to complete this sale as herein provided,
within ten (10) days of written notification thereof. If Buyer closes on the Premises, any
objections to the title are deemed waived. If Seller fails to resolve such restrictions or remedy
the title within the time above specified or fails to obtain satisfactory title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Buyer.
5. Survey. Buyer at its own expense shall obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. 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 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 THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH SUBSTANCES ARE
FOUND.
7. Closing. Unless the parties otherwise mutually agree, the closing shall be held
within 30 days from the Effective Date ("Closing"). The Closing shall be conducted at
Transnation Title Insurance Company, 570 Seminole Road, Ste. 102, Muskegon, MI 49444.
8. Delivery of Deed. Seller shall execute and deliver a quitclaim deed to Buyer at
Closing for the Premises.
9. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
10. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
11. Costs. The costs associated with this Agreement shall be paid as follows:
i. Buyer shall pay all state and county transfer taxes in the amounts
required by law.
ii. Buyer shall pay the premium for the owner's policy of title insurance.
Buyer shall pay for any lenders policy of title insurance and the cost of any endorsements
to the owner’s policy requested by Buyer.
iii. Buyer shall pay for the cost of recording the warranty deed.
iv. Buyer shall be responsible to pay for the recording of any instrument that
must be recorded to clear title to the extent required by this Agreement.
v. Buyer shall pay any closing fees charged by the Title Company.
12. Fence and Landscaping. Upon Closing, Buyer shall perform the following tasks
to move and relocate Seller’s landscaping:
i. Relocate and secure the statue, pedestal with slates and
surrounding stones on the ground to location within new property lines.
ii. Relocate “Rose of Sharon” bushes and eight blueberry plants and
replant at direction of Seller
iii. Relocate existing white vinyl fence at new property line.
iv. Relocate existing black aluminum fence to new property line.
Reuse or replace the aluminum edging along existing black fence, reusing or
replacing the barrier under the stone and filling with river rocks once moved.
v. Leave 6’ chain link fence on south side of alleyway. Buyer agrees
said chain link fence belongs to Seller.
vi. Seller attests that irrigation system is closed. Buyer shall cut ends
of hoses of underground sprinkler at property line and secure with duct tape.
vii. Buyer shall not be responsible to move any trees.
viii. Buyer shall stake new property line.
13. 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.
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 on the date written below
their names, to be effective as of the day and year first above written.
WITNESSES: BUYER: CITY OF MUSKEGON
_______________________________ By_____________________________________
Stephen J. Gawron, Mayor
Date: __________________
_______________________________ _______________________________________
Ann Meisch, MMC, Clerk
Date: __________________
SELLER: Thomas & Dardinella Hippchen
________________________________ _____________________________________
Name: ______________________
Title: _______________________
EIN#:_____________________
Date: __________________
________________________________
ATTACHMENT A
SURVEY and LEGAL DESCRIPTIONS
Commission Meeting Date: November 10th, 2015
Date: November 4th, 2015
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Roof Maintenance/Repair Central Station (Terrace St.)
SUMMARY OF REQUEST:
The Director of Public Safety requests that the Commission authorize the amount of
$19,200.00 for the roof repair to Central Fire Station. It was determined that the roof
was leaking, causing damage to the roof structure, and to the interior space of
Central Dispatch (roof over main facility). Roofing bids were requested, Free Spirit
Construction Inc. was selected from the competitive bid process (see attachment for
details).
FINANCIAL IMPACT:
Negative impact, exigent repair was unforeseen in this current budget year.
BUDGET ACTION REQUIRED:
Repairs to Central Station roof will require 2nd quarter budget amendment of
$20,000.00 to include repairs cost and/or any cost overage.
STAFF RECOMMENDATION:
Staff recommends approval of this repair request.
COMMISSION MEETING DATE: November 10, 2015
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. 236 Washington St. (garage only)
SUMMARY OF REQUEST: This dangerous building case EN2156683, at 236
Washington St., was tabled at the October 13, 2015 City Commission meeting so the
owner may obtain the necessary permits to repair the garage at that location. The
Commission ordered the structure was to be completely repaired on/before the City
Commission meeting of 11/10/2015. A permit was obtained October 29, 2015, as of this
date the repair work has not been completed as agreed upon.
This structure in question is located on Washington between 6th and 5th and is
owned by Catalina Ortiz.
State Equalized value: $ 19,200 (all structures).
Estimated cost to repair: $ 5,000 (garage only)
Financial Impact: MSHDA Land Bank Grant
Budget action required: None
Staff Recommendation:
To concur with the Housing Board of Appeals decision to demolish, and that it be
demolished within thirty (30) days or infraction tickets may be issued.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure. The Ms. Ortiz’s son resides in the home.
3) All notifications are mailed by certified mail with a return card for signature. Some cards came
back signed others were returned unclaimed.
Owner Contact: After the Housing Board of Appeals declared the garage as a dangerous building; Ms.
Ortiz’s son came in after the HBA’s determination was posted and had said he was given more time, but
could not remember by whom. Additional correspondence is highlighted in yellow.
Timeline for dangerous building:
7/24/15 – Notice & Order - Posted/Mailed.
- 7/27/15-Owner called (SAFEbuilt) & agreed to give a letter explaining when they
would have the garage fixed. He did not want the garage inspected. Per KB’s note.
No letter was found.
- 8/20/15 – A letter was sent by SAFEbuilt for working without a permit.
8/21/15 – HBA meeting notification – Posted/Mailed.
- 8/25/15 – Note under work without a permit – Owner called SAFEbuilt & said they
are not working on it; but they are trying to get money to fix it.
- 9/3/15 – HBA meeting held. No one representing this property attended the meeting.
9/11/15 – HBA Determination – Posted/Mailed.
9/25/15 – CC meeting notification – Posted/Mailed.
10/13/15 – Owner’s son was in attendance at the City Commission meeting and had
asked for more time. The City Commission tabled this to 11/10/15 meeting. After the
meeting staff met with the son and explained that he would need to contact SAFEbuilt
that week to get the permitting started so the work could be completed.
10/28/15-Permit was applied for and on 10/29/15 the permit was issued with
requirements.
CITY OF MUSKEGON - CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT - 236 WASHINGTON AVE (garage only)
Inspection noted (pictures of the garage only):
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN DETERMINED THAT
THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING
AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY CODE.
PLAN REVIEW APPROVAL
DATE: October 29, 2015
TO:
236 WASHINGTON AVE
MUSKEGON, MI 49441
PERMIT INFORMATION
PERMIT NUMBER: PB150964
PERMIT FEE: $80.75
PROPERTY OWNER: ORTIZ CATALINA
SITE ADDRESS: 236 WASHINGTON AVE
PROJECT DESCRIPTION: REPAIR GARAGE PER DB
The design documents submitted for this project have been reviewed for compliance with the State and
locally adopted codes and amendments. The plan has been APPROVED, if any, please note
comments below.
BUILDING CONTACT: RON JOHNSTON 231-724-6767
• Must conform to 2012 MBC (Commercial)
• Must conform to 2009 MRC (Residential)
• YELLOW CARD MUST BE POSTED TO BE SEEN FROM STREET BEFORE WORK
STARTS
• CALL FOR REQUIRED INSPECTIONS
• RAFTERS CANNOT SIT ON EXISTING LEDGER BOARD
• NEED FRAMING INSPECTION BEFORE ITS COVERED UP
Commission Meeting Date: November 10, 2015
Date: November 3, 2015
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transmittal of 6/30/15 Comprehensive Annual Financial Report
SUMMARY OF REQUEST: The City's June 30, 2015 Comprehensive Annual
Financial Report (CAFR) has been distributed to City Commissioners via email and
hard copy. The CAFR is also available on the City’s website at
www.shorelinecity.com. The CAFR includes the annual independent auditor’s report
as required by state law. At this time the CAFR is being formally transmitted to the
City Commission. The CAFR has been prepared in accordance with all current
Governmental Accounting Standards Board (GASB) pronouncements and also
includes the single-audit of federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City's financial activities
for the year and includes the independent auditor's unmodified opinion on the City's
financial statements.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Acceptance of the June 30, 2015 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and private
agencies.
COMMITTEE RECOMMENDATION: None.
Commission Meeting Date: November 10, 2015
Date: November 3, 2015
To: Honorable Mayor and City Commissioners
From: City Manager and Finance Director
RE: Operations Management Contract and Liquor License
Management Agreement – L.C. Walker Arena
SUMMARY OF REQUEST: On September 8, 2015, the City Commission
authorized City staff to negotiate a contract with Tim Taylor (TWO T’S LLC) to
manage the L.C. Walker Arena and Conference Center. The key terms are as
follows:
• TWO T’S LLC, as an independent contractor, to oversee all operational
aspects of the L.C. Walker Arena as the manager on behalf of the City;
• Operations Management Contract effective for a period of three years to
terminate on September 1, 2018;
• Management Agreement – Liquor License coincides with the term of the
Arena Management Agreement.
FINANCIAL IMPACT: Annual fixed fee of $75,000 to be paid in equal payments
of $6,250 per month.
BUDGET ACTION REQUIRED: Current year budget will be adjusted to reflect
this change.
STAFF RECOMMENDATION: To approve the attached Operations
Management Contract and Management Agreement.
COMMISSION MEETING DATE: November 10, 2015
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 #: EN158003
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 329 Washington
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days or infraction tickets may be issued. 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 or staff may issue infraction tickets to the owner, agent or
responsible party if they do not demolish the structure.
Case# & Project Address: # EN158003 – 329 Washington
Location and ownership: This structure is located on Washington Ave. between 6th and
7th Streets and is owned by Jim Ferretti.
Staff Correspondence: A dangerous building inspection was conducted on 5/27/2015.
The Notice and Order to Repair was issued on 8/11/2015. On 10/1/2015 the HBA
declared the structure substandard and dangerous.
Financial Impact: MSHDA Grant (pending their approval to proceed) or General
Funds
Budget action required: None
State Equalized value: $ 18,300
Estimated cost to repair: $ 22,000 (for the exterior portion only)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Notification procedures:
1) Title search is performed so all interested parties are notified.
2) All notifications are posted on the structure.
3) All notifications are mailed by certified mail with a return card for signature.
Mr. Ferretti didn’t sign for the certified mail; but he is on the e-alert service and an
e-alert went to him at the beginning of this process.
The County Treasurer’s certified mailing cards are returned with signatures.
Owner Contact: None
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202, MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT - 329 WASHINGTON AVE
Exterior Inspection noted:
1) Garage- Cardboard is not an acceptable form of repair or use of exterior type materials. The
structure is not maintained in good repair.
2) Roof has some shingles or parts of shingles missing. Roof has shingles that are deteriorated and
need replacing. Shingles are coming loose. Shingles are separating from the roof along the edges.
3) Have eave boards that are rotted or missing.
4) Steps have concrete or block walls on the sides that are deteriorated.
5) Porch floor is deteriorated.
6) Window has glazing that is missing or deteriorated.
7) Door threshold is broken, rotted or missing.
8) Exterior trim has peeling paint that needs to be properly scraped and needs to be protected from
weather by properly applied water-resistant paint or waterproof finish.
9) Foundation walls have missing mortar or open cracks.
10) Many windows are broken/boarded and not weather tight. Due to the boards not being weather
tight; this causes the weather elements to still get in. An interior inspection of the home is needed
to determine any damage done to the interior.
11) Doors are boarded and not weather tight.
12) An interior inspection of the Trades is needed; please contact SAFEbuilt at (231) 724-6715 to
schedule this within 14 days of the notice if you do not agree with this so an interior inspection
may be completed. Owner never contacted SAFEbuilt for a trades inspection.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR
SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY
CODE.