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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 24, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Gaming License Request from the Muskegon Senior High Band Parents
Association City Clerk
C. Rezoning Request for the Property Located at 962 W. Sherman Avenue
Planning & Economic Development Department
D. Rezone Properties from I-2, General Industrial, to WI-PUD, Waterfront
Industrial Planned Unit Development, on Portions of Causeway and
Bank Street Planning & Economic Development Department
E. Permanent Traffic Control Orders – Removal of Traffic Signals and
Installation of Stop and Speed Limit signs on and along Muskegon and
Webster from 9th to Spring – Traffic Control Orders # 19 and # 20 – (2015)
Department of Public Works
F. Option to Purchase Land – 1640 Lakeshore Drive City Manager
G. Purchase of HUD Home at 2324 Park Drive Community and
Neighborhood Services Department
H. Engineering Services Agreement with Hubbell, Roth & Clark, Inc.
Engineering Department
I. SEIU Clerical Union Contract Ratification City Manager
J. New Plow Truck Department of Public Works
□ PUBLIC HEARINGS:
A. Public Hearing & Approval of the Parks & Recreation Master Plan 2016
Update Planning & Economic Development Department
B. Public Hearing to Create a Special Assessment District in the Business
Improvement District Planning & Economic Development District
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Midtown Square: Allen Edwin Homes – Contract Approval Planning &
Economic Development Department
□ 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.
Memorandum
To: Mayor and Commissioners
From: Frank Peterson
Re: City Commission Meeting
Date: November 24, 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 for our meeting.
1. Under the consent agenda, we are asking the Commission for approval of the following:
a. Last meeting’s minutes.
b. Approval of a gaming request by the Muskegon Senior High Band Parents Association
(bingo night).
c. A request to rezone the property at 962 W Sherman Ave to accommodate the new
owner’s plans for the facility. This request is recommended by both staff and the
Planning Commission. The owner is in agreement with the change.
d. A request to rezone a number of properties related to the BC Cobb Plant to
accommodate potential future port-related uses. This request is recommended by
both staff and the Planning Commission. The owner is in agreement with the change.
e. A permanent traffic control order for Muskegon and Webster Avenues. The TCO will
formalize the placement of stop signs as well as 30 MPH speed limit signs.
f. An option to purchase 1640 Lakeshore Drive (former Amoco Oil property). Redstone
Commercial Investments, LLC plans to construct a recreational facility that would
house baseball, softball, and other field sports. The facility would be designed to
serve West Michigan, and not just Muskegon. There are a lot of moving parts in this
potential deal, but before they can apply for certain funding sources, they need to
demonstrate control of the property. This option will give them that control while
they continue to raise funds. Staff feels that this could be a great benefit to the
community – especially related to tourism and recreation.
g. Purchase of a home located at 2324 Park Drive. This home will be rehabilitated as
part of CNS programming, and made available as an affordable housing unit.
h. An agreement for engineering services related to the extension of the Lakeshore
Trail. The extension will run from ADAC Plastics to approximately the Frito Lay
Building. No – it’s not designed to accommodate easier snacking for ADAC
employees. One important item to note is that this will now be an off-road trail,
and will no longer share space on the side of the road.
i. Extension of the SEIU Clerical Workers Collective Bargaining Agreement through
December 31, 2018. This agreement affects our front-line staff members. The
agreement is designed to adjust their wages over the next three years in a manner
that better reflects similar positions throughout the State of Michigan.
j. The purchase of a new plow truck at a price of $84,292.85. This purchase is being
made in conjunction with the State’s annual bid process.
2. Public Hearings:
a. We are seeking public input and commission approval of the 2016 Parks and
Recreation Master Plan Update. There are very few changes from the original
version.
b. We are holding a public hearing on the proposed Business Improvement District
planned for downtown Muskegon. The Commission has already voted to create the
BID and has appointed BID Board Members. The BID Board is recommending a one
year assessment as presented in the accompanying paperwork.
3. New Business
a. The only item we have for new business is the Midtown Square Development. We
are seeking approval to enter into a construction contract with Allen Edwin Builders.
The houses will be constructed per the HDC’s requirements. We have had a great
amount of community support for this project and have heard from cities across the
state that they are watching closely, and are excited to see our level of success. Mary
Jamison from Realtors Promoting Muskegon will be in attendance. We also expect
to have Scott Sanderson or Jim Burns from AE Homes in attendance as well.
Significant staff time has been invested in the project, in addition to approximately
$60,000 in land acquisition and site preparation costs. There are a significant number
of attachments related to this development project in the packet this week.
Assuming approval, AE will send building permits early next week, and SAFEbuilt has
committed to turning them around before the Thanksgiving Holiday, which should
allow AE to start construction before the end of the month. If we wait any longer,
the cost for the 9 foundations will increase by approximately $1,500 each to
accommodate the cold weather.
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 17, 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 November 9, 2015
Worksession Meeting and the November 10, 2015 Regular City Commission
Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
November 9, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-83
Present: Commissioners German, Hood, Gawron, Johnson, Turnquist, and Spataro.
Absent: Commissioner Rinsema-Sybenga (arrived at 6:03 p.m.)
Lew Bender – Facilitator.
Lew Bender, Facilitator, asked Commissioners their impressions of Pere Marquette Park and
Kruse Park.
Commissioners responded with their thoughts of Pere Marquette beach at this present time:
free
accessible
not filled with commercial items
tourism
retail
not cluttered
events
families
beautiful
Commissioners then shared their thoughts of what the beach needs in the future. Some of their
ideas included:
food
amenities
more commercial development
summer rental
retail
events
playground equipment at the beach
Harris expansion at The Deck
more parking
more Lakeside retail
very family oriented
traffic control measures
small condos/seasonal rentals in the ovals
spread out rental area, not all in one area
could add angle parking where parallel parking south of water filtration plant.
new bathhouse with more than one vendor in it
boardwalk maintenance by the water filtration plant
The following information about the beaches was also discussed:
Approximately 30% of the visitors to the beach this summer were residents.
Most do not make purchases at the beach when they visit.
The Muskegon tax accommodations surpassed the $1 million mark this past summer for the first
time.
What are the ages of those using the beach? Believe it's younger people and families.
Staff indicated it cost about $200,000 to maintain the beach on an annual basis.
Cost of a home on the beach – the smallest home is about $229,000 on Beach Street.
Vice Mayor Spataro suggested a traffic circle at Beach & the water filtration location.
Commissioner Johnson believes there is potential for development on the actual beach at the end
by the water filtration plant. He indicated it would be a good location for small cottages.
Commissioner German believes there should be a large development at the water filtration end of
the beach.
Straightening out the street by the water filtration plant would leave space in the triangle for
development.
Send out a request for proposals and see what ideas developers have.
Many Commissioners believe there is a possibility for some type of development at the ovals.
Items that Commissioners indicated they are not interested in at this time:
No development that blocks significant view. Interested in different options of housing, but not
permanent housing.
Most Commissioners are not interested in paid parking at this time but overflow paid premium
parking may be a possibility.
Kruse Park
Possibilities for Kruse Park include:
Development at south side of Bronson park including rentals.
On the north side with dog beach – something on top at the overlook – possibly a restaurant.
Dedicated parking for the dog beach.
Final thoughts:
Commissioner German - opportunity is there for potential development.
Commissioner Rinsema-Sybenga – top of the oval – there is a market out there we can test.
What's offered and how much does it cost? Commercial development is helpful too.
Vice Mayor Spataro – enhance experience at the park. Keep it accessible and free. Keep the
good things and expand what the parks do for the community. Build consensus.
Commissioner Hood – like the idea of rentals in the ovals and at Kruse Park. Stay open and free.
Likes the idea of premium, paid parking. Bring more retail.
Commisioner Turnquist – prioritize where immediate potential is. Development at ovals and
rentals at Bronson park.
Commissioner Johnson – need mix use of commercial and rental. Integrate Lakeside district and
downtown. What happens at Sappi will impact this plan. Open to potential paid parking.
Mayor Gawron – enhancement will drive revenue. Request for Proposals will go out to
professionals out there that will come back with something that is sustainable and doable. We
will gather the public's input.
Adjournment.
Motion by Commissioner Hood, seconded by Commissioner Johnson to adjourn at 8:15
p.m.
MOTION PASSES
____________________________
Ann Marie Meisch, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 10, 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, November 10, 2015.
Pastor Don Graham, Lakeside United Methodist 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
Hood, Rinsema-Sybenga, Turnquist, and Johnson. City Manager Franklin
Peterson, City Attorney John Schrier, and City Clerk Ann Meisch.
Absent: Commissioner Willie German, Jr.
HONORS AND AWARDS:
A. Resolution – Recognition of JAAR Partnerships Fourth Year Participation
in the “Good Buddy Bucks” Program Director of Public Safety
Resolution of Recognition presented to JAAR Partnerships for its participation in
the fourth year of the “Good Buddy Bucks” program which rewards youth for
displaying “Good Character” and allows youth to positively interact with law
enforcement.
B. Nelson Adopt-A-Lot Program
The Mayor issued resolutions of recognition commending local organizations
and citizens that are creating a spirit of community and commitment to
neighborhoods through the Adopt-A-Lot Program.
C. Resolution – Recognition of Fall 2015 Citizen’s Academy Graduates
Director of Public Safety
The Public Safety Director presented resolutions of recognition presented to Fall
2015 Citizen’s Academy Graduates for their faithful attendance, completion,
and graduation from the 10 week program.
D. Years of Service Presentation for City Employees
Certificate of Appreciation presented to employees present.
2015-84 CONSENT AGENDA:
A. Approval of Minutes City Clerk
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.
B. Demolition of 1785 Beidler – City “Grant” to Share in Costs
Planning & Economic Development Department
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 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.
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.
D. Bid Tabulation for Installation of Locker Room at L.C. Walker Arena
City Manager and Finance Director
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 a new locker room at the L.C. Walker Arena.
E. Fireworks Delegation of Authority Agreement Director of Public Safety
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the “Fireworks Delegation of Authority
Agreement” 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 Public Act 256 of 2011. The delegation is for one year. The
fire department would be responsible for conducting inspections of the
permanent and temporary CFRS locations within the 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 Muskegon Fire Department 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 recommends approval of the 2016
Fireworks Delegation of Authority Agreement.
F. Sale of Buildable Vacant Lot at 163 Iona Planning & Economic
Development Department
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 163
Iona Avenue to Craig Person to combine with his property at 169 Iona Avenue,
Muskegon, Michigan. The lot is 66 x 132 feet 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 resolution and to authorize both the
Mayor and the Clerk to sign said resolution and deed.
G. Amendment to the No Smoking Policy City Clerk
SUMMARY OF REQUEST: In 1993, the City adopted a No Smoking policy. In 2009,
the City was required to adopt the Muskegon County 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 in the proposed revision.
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.
I. Roof Maintenance/Repair Central Station (Terrace St.)
Director of Public Safety
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. Roofing bids were
requested and Free Spirit Construction Inc. was selected from the competitive
bid process.
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 repair cost and/or any cost
overage.
STAFF RECOMMENDATION: Staff recommends approval of this repair request.
J. Community Relations Committee Recommendation City Clerk
SUMMARY OF REQUEST: To concur with recommendations from the Community
Relations Committee and to accept the resignation of Luther Dease from the
Board of Review and accept the resignation of Emma Torresen from the
Citizen’s District Council and to appoint Clinton Todd to the Board of Review
and appoint David Wagner to the Citizen’s District Council.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDNATION: To concur with the recommendations.
Motion by Commissioner Johnson, second by Commissioner Rinsema-Sybenga,
to approve the consent agenda as read, with the exception of items C and H.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
2015-85 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Heritage Square Development LLC – Amendment to Construction Loan
Note Finance Director
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 25, 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.
Motion by Vice Mayor Spataro, second by Commissioner Turnquist, to approve
the Amendment to Construction Loan Note and authorize the Mayor and Clerk’s
signatures on the documents.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
H. Purchase Agreement-Hippchen Property Planning & Economic
Development Department
SUMMARY OF REQUEST: Tom and Dolly Hippchen of 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.
Motion by Vice Mayor Spataro, second by Commissioner Turnquist, 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.
ROLL VOTE: Ayes: Rinsema-Sybenga, Turnquist, Johnson, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
2015-86 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.
SUMMARY OF REQUEST: This dangerous building case number EN2156683 for 236
Washington Avenue was tabled at the October 13, 2015 City Commission
meeting so the owner could obtain the necessary permits to repair the garage
at that location. The Commission ordered the structure be completely repaired
on or before the City Commission meeting of November 10, 2015. A permit was
obtained on October 29, 2015, but as of this date the repair work has not been
completed as agreed upon.
FINANCIAL IMPACT: MSHDA Land Bank Grant
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals to
demolish, and that it be demolished within thirty days or infraction tickets may
be issued.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to concur
with the Housing Board of Appeals decision to demolish, and that it be
demolished within thirty days or infraction tickets may be issued.
Chief Lewis indicated that progress has been slow on this project but that
permits have been pulled. He requested referral back to the Housing Board of
Appeals. Vice-Mayor Spataro recommended tabling the matter until the first
meeting in January.
Motion by Vice Mayor Spataro, second by Commissioner Hood, to table the item
regarding the Housing Board of Appeals Notice and Order to Demolish 236
Washington (garage only) until the first regular meeting of 2016 on January 12,
2016.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, and Rinsema-
Sybenga
Nays: None
MOTION PASSES
2015-87 NEW BUSINESS:
A. Transmittal of June 30, 2015 Comprehensive Annual Financial Report
Finance Director
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.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to accept
the June 30, 2015 CAFR and authorize staff to transmit the CAFR to appropriate
federal, state and private agencies.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, Rinsema-Sybenga, and
Turnquist
Nays: None
MOTION PASSES
B. Operations Management Contract and Liquor License Management
Agreement – L.C. Walker Arena City Manager and Finance Director
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 Contact 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 Operations Management Contract
and Management Agreement.
Motion by Commissioner Hood, second by Commissioner Johnson, to approve
the Operations Management Contract and Management Agreement.
ROLL VOTE: Ayes: Hood, Spataro, Rinsema-Sybenga, Turnquist, Johnson, and
Gawron
Nays: None
MOTION PASSES
C. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish – 329 Washington Director of Public Safety
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, and a public nuisance and that it be
demolished within thirty 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.
FINANCIAL IMPACT: MSHDA Grant (pending their approval to proceed) or
General Funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals
decision to demolish.
Motion by Commissioner Johnson, second by Vice Mayor Spataro, to concur
with the Housing Board of Appeals decision to demolish.
ROLL VOTE: Ayes: Gawron, Hood, Spataro, Rinsema-Sybenga, Turnquist, and
Johnson
Nays: None
MOTION PASSES
2015-88 ANY OTHER BUSINESS:
A. Emergency Sewer Repair Department of Public Works
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Jackson
Merkey Contractors to perform necessary emergency sewer repairs behind
Betten Honda.
FINANCIAL IMPACT: Total Cost $43,740.00
BUDGET ACTION REQUIRED: Will be addressed during the first quarter budget
reforecast.
STAFF RECOMMENDATION: To approve staff to enter into an agreement for
emergency sewer repairs with Jackson Merkey Contractors.
Motion by Vice Mayor Spataro, second by Commissioner Johnson, to authorize
staff to enter into an agreement for emergency sewer repairs with Jackson
Merkey Contractors.
ROLL VOTE: Ayes: Spataro, Rinsema-Sybenga, Turnquist, Johnson, Gawron, and
Hood
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:04 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
City Clerk
Date: November 17, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Meisch, City Clerk
RE: Gaming License Request from the Muskegon
Senior High Band Parents Association
SUMMARY OF REQUEST: The Muskegon Senior High Band Parents
Association is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a Gaming
License. They have been recognized as a 501(c)(3) organization by the
State.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
RESET PRINT
State of Michigan
Michigan Gaming Control Board
Office of the Executive Director
P.O. Box 30786
Lansing, MI 48909
Phone: (313) 456-4940
Fax: (313) 456-3405
Email: [email protected]
www.michigan.gov/mgcb
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(K)(ii))
At a _______________________________ meeting of the ______________________
REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD
called to order by ___________________________________ on _________
DATE
at _______________ a.m./p.m. the following resolution was offered:
TIME
Moved by ___________________________ and supported by ______________________
that the request from _________________________________ of _____________________ ,
NAME OF ORGANIZATION CITY
county of ____________________________________ , asking that they be recognized as a
COUNTY
nonprofit organization operating in the community for the purpose of obtaining charitable
gaming licenses, be considered for _________________________ .
APPROVAL/DISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: ___________ Yeas: ___________
Nays: __________ Nays: __________
Absent: __________ Absent: __________
___________________________________________________________________________
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the _______________________________ at a __________________
TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL
meeting held on ________________________________ .
DATE
SIGNED: _____________________________________________________________________
TOWNSHIP, CITY, OR VILLAGE CLERK
_________________________________________________________________________________________________________________________________________
PRINTED NAME AND TITLE
___________________________________________________________________________________________________________________________________________
ADDRESS
Authority: Act 382 of the Public Acts of 1972, as amended
MGCB-MP-5036(2) (Rev. 05-13)
Commission Meeting Date: November 24, 2015
Date: November 19, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezoning Request for the Property Located at 962 W Sherman Ave
SUMMARY OF REQUEST:
Request to rezone the property at 962 W Sherman Ave from B-2, Convenience and
Comparison Business district to B-4, General Business district by MJK Properties.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
11/12/15 meeting.
1
Planning Commission packet excerpt:
STAFF REPORT
November 12, 2015
Hearing, Case 2015-20: Request for a rezoning from B-2, Convenience & Comparison
Business district to B-4, General Business District at 962 W Sherman Blvd, by MJK
Properties.
BACKGROUND
1. The parcel is 4.47 acres and is T shaped, with a private drive that leads back to the
building that is setback from the road about 450 feet. The building is roughly 12,240
sf.
2. Current tenants include Pack n’ Ship and an Alcoholics Anonymous meeting place
along with a couple vacant units. The new owner would like to develop a new
building on-site behind the current building for boat and RV storage. Storage is not
an allowed use in B-2 districts, but is allowed in B-4.
3. There are several acres of developable land still available on this parcel, although no
new buildings or additions are being proposed at this time.
4. Please see the enclosed zoning excerpts regarding B-2 and B-4 uses.
5. Sherman Blvd is considered a major street and is the appropriate place for a B-4
district. The preamble to the B-4 district states: “Placement along presently
developed major traffic arteries prevents the conflict of traffic and pedestrian
movement since the General Business District is characterized by a minimum of
pedestrian flow.”
6. Notifications were sent to properties within 300 feet of this property and staff has not
received any comments at the time of this writing.
2
Zoning Map
Aerial Map
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for a
property from B-2, Convenience and Comparison Business to B-4, General Business.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for the following
described property from B-2, Convenience and Comparison Business to B-4, General Business.
CITY OF MUSKEGON W 1/2 SE 1/4 SE 1/4 SEC 36 T10N R17W COM @ SE COR SD SEC TH N 89D
41M 10S W ALG S LN SD SE 1/4 A DIST OF 1140.71 FT TO POB TH CONT N 89D 41M 10S W ALG
SD LN A DIST OF 100 FT TH N 00D 20M 54S W ALG W LN OF E 100 FT OF W 200 FT SD W 1/2 SE
1/4 SE 1/4 A DIST OF 300 FT TH N 89D 41M 10S W PAR WITH SD S LN SE 1/4 A DIS OF 100.09 FT
THE N 00D 21M 28S W ALG W LN SD SE 1/4 SE 1/4 A DIST OF 382.64 FT TH S 89D 43M 53S E
ALG S LN OF PROPOSED FUTURE DEVELOPMENT AREA OF WILDWOOD CREEK CONDO AS
RECORD'D ON L3055M/343 A DIST OF 451.57 FT TH S 00 D 13M 48S E ALG W LN OF E 220 FT SD
W 1/2 SE 1/4 SE 1/4 A DIST OF 332.98 FT TH N 89 D 41M 10S W PAR WWITH SD S LN SE 1/4 A
DIST OF 100 FT TH S 00D 13M 48S E A DIST OF 55 FT TH N 89D 41M 19S W PAR WITH SD S LN
OF SE 1/4 A DIST OF 150.62 FT TH S 00D 20M 54S E ALG E LN OF SD W 200 FT OF THE SE 1/4
OF SE 1/4 AS FOUND MONUMENTED A DIST OF 295 FT TO POB
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
4
CERTIFICATE (Rezoning of 962 W Sherman Ave from B-2 to B-4)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 24th day of November, 2015, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33
of 2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2015 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
5
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 24, 2015, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning for the property
from B-2, Convenience and Comparison Business to B-4, General Business:
CITY OF MUSKEGON W 1/2 SE 1/4 SE 1/4 SEC 36 T10N R17W COM @ SE COR SD SEC TH N 89D
41M 10S W ALG S LN SD SE 1/4 A DIST OF 1140.71 FT TO POB TH CONT N 89D 41M 10S W ALG
SD LN A DIST OF 100 FT TH N 00D 20M 54S W ALG W LN OF E 100 FT OF W 200 FT SD W 1/2 SE
1/4 SE 1/4 A DIST OF 300 FT TH N 89D 41M 10S W PAR WITH SD S LN SE 1/4 A DIS OF 100.09 FT
THE N 00D 21M 28S W ALG W LN SD SE 1/4 SE 1/4 A DIST OF 382.64 FT TH S 89D 43M 53S E
ALG S LN OF PROPOSED FUTURE DEVELOPMENT AREA OF WILDWOOD CREEK CONDO AS
RECORD'D ON L3055M/343 A DIST OF 451.57 FT TH S 00 D 13M 48S E ALG W LN OF E 220 FT SD
W 1/2 SE 1/4 SE 1/4 A DIST OF 332.98 FT TH N 89 D 41M 10S W PAR WWITH SD S LN SE 1/4 A
DIST OF 100 FT TH S 00D 13M 48S E A DIST OF 55 FT TH N 89D 41M 19S W PAR WITH SD S LN
OF SE 1/4 A DIST OF 150.62 FT TH S 00D 20M 54S E ALG E LN OF SD W 200 FT OF THE SE 1/4
OF SE 1/4 AS FOUND MONUMENTED A DIST OF 295 FT TO POB
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2015 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
6
Commission Meeting Date: November 24, 2015
Date: November 19, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Rezone Properties from I-2 General Industrial, to WI-PUD -
Waterfront Industrial Planned Unit Development on Portions of
Causeway and Bank Street
SUMMARY OF REQUEST:
Staff initiated request to rezone the properties located at 53 Bank St, 59 Bank St, 151 N
Causeway, a portion of 131 N Causeway and a portion of 401 N Causeway from I-2, General
Industrial to WI-PUD, Waterfront Industrial Planned Unit Development.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
11/12/15 meeting.
1
Planning Commission packet excerpt:
STAFF REPORT
November 12, 2015
BACKGROUND
1. There are five parcels in the City of Muskegon that Consumers Power utilizes for
their operations:
• 53 Bank St is owned by Consumers and measures 1.05 acres.
• 151 N Causeway is owned by Consumers and measures 82.31 acres.
• 59 Bank St is owned by Consumers and is 25.65 acres.
• 131 N Causeway is owned by the State of Michigan and a small portion of the
parcel is zoned I-2. • 401 N Causeway is owned by Muskegon County and only a
small portion of its 49.58 acres is
zoned I-2.
There are also parcels in North Muskegon that Consumers utilizes.
2. Staff is recommending rezoning to WI-PUD because it follows the recommendations
of the City’s Master Land Use Plan to move all port activity to the east end of the
lake. This rezoning will ensure that any future project will have to utilize the port.
Manufacturing dependent on port activity is allowed in the WI-PUD district, but
manufacturing not dependent on port activity is not allowed. Also, all projects
located in WI-PUD districts must be approved by Planning Commission. This will
give the City the ability to regulate certain outdoor uses (i.e. outdoor storage) and
minimize the blight that may be associated with such uses.
3. Consumers Power currently leases 59 Bank St to Verplank Dock for aggregate
shipping/storage. This is an allowed use in WI-PUD zones and the rezoning will not
make it a non-conforming use.
4. Please see the enclosed zoning excerpt from the WI-PUD districts.
5. Staff notified all properties within 300 feet of the parcels and has not received any
comments. Consumers Power is in agreement with this rezoning and it is actually
part of an agreement they have with the City in order to let some of the foundations
remain as the buildings are demolished.
2
Zoning Map
Aerial Map
3
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for several
properties from I-2, General Industrial to WI-PUD, Waterfront Industrial Planned Unit
Development.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for the following
described properties from I-2, General Industrial to WI-PUD, Waterfront Industrial Planned Unit
Development.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 545 & THAT PT SW 1/4 SEC 17 T10N R
16W WLY OF CSX RR NLY OF MUSKEGON RIVER S CHANNEL & SELY OF MUSKEGON RIVER
MIDDLE CHANNEL SUBJ TO ESMT GIVEN TO CITY OF MUSKEGON FOR LAKESHORE TR BIKE
PATH
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLK 546
CITY OF MUSKGON PART OF SECTIONS 17 & 18 T10N R16W BEG @ INTERS WLY LINE OF P M
R R R/W WITH NLY LINE OF MUSKEGON RIVER MIDDLE CHANNEL TH NLY ALONG R R R/W TO
SWLY LINE OF TRUNK LINE HWY US 31 TH NWLY ALONG SAID TRUNK LINE HWY TO SELY
BDRY LINE OF THE CITY OF NORTH MUSKEGON TH SWLY ALONG SAID BDRY LINE TO
MUSKEGON LAKE TH SLY ALONG SAID LAKE TO CENTER OF THE N CHANNEL OF MUSKEGON
RIVER TH ELY ALONG SAID BDRY LINE TO POB SUBJ TO ESMTS GIVEN TO CITY OF
MUSKEGON FOR LAKESHORE TRAIL BIKE PATH PROJECT
CITY OF MUSKEGON LAND IN THE CITY OF MUSKEGON LYING S OF THE CL THREAD OF
CEDAR CREEK DESC AS FOL: THAT PT OF THE NW 1/4 SEC 17 & NE 1/4 SEC 18 T10N R16W
LYING W OF RR ROW AND THAT PT OF NE 1/4 SEC 18 T10N R16 W LYING WITHIN THE CITY
LIMITS EXC THE FOL DESC PARCELS THAT PT OF SEC 17&18 T10N R16W LYING S OF CITY OF
N MUSKEGON LIMITS DESC AS BEG AT PT OF INT OF WLY LN OF PMRR ROW WITH NELY
BDRY OF MUSKEGON RIVER CAUSEWAY TH NLY ALG WLY LN SD RRROW TO C/L OF CEDAR
CREEK TH WLY ALG SD C/L TO INT WITH NELY BDRY OF MUSKEGON RIVER CAUSEWAY TH
SELY ALG NELY LN OF CAUSEWAY TO POB AND ALSO EXC BEG AT INT OF WLY LN PMRR
ROW AND NLY LINE MUSKEGON RIVER MIDDLE CHANNEL TH NLY ALG RR ROW TO SWLY
LINE TRUNK LINE HWY US 31 TH NWLY ALG SD HWY TO SELY BDRY LINE OF CITY OF NORTH
MUSKEGON TH SWLY ALG SD CITY BDRY LINE TO MUSKEGON LAKE TH SLY ALG LAKE TO
CENTER OF N CHANNEL OF MUSKEGON RIVER TH ELY ALG SD BDRY LINE TO POB AND ALSO
EXC ALL ROAD ROW WITHIN SAID PARCEL ENTIRE PARCEL ALSO DESC IN 1930 AS: BEING
PART OF THE FOL PARCELS: BLK 48 LOT 10 & BLK 49 LOTS 1-3 BLK "D" REVISED PLAT OF THE
CITY OF NORTH MUSKEGON ACCORDING TO THE RECORDED PLAT THEREOF ALSO THE W
CITY OF MUSKEGON THAT PART OF NE 1/4 OF SW 1/4 SEC 17 10 16 BOUNDED ON WEST BY C
& O RR R/W ON S BY MUSKEGON RIVER & ON NELY SIDE BY U S 31
4
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
5
CERTIFICATE
(Rezoning of 53 Bank St, 59 Bank St, 151 N Causeway, a portion of 401 N Causeway and a portion
of 131 N Causeway from I-2 to WI-PUD)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 24th day of November, 2015, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted and public notice was given pursuant
to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33
of 2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2015 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
6
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 24, 2015, the City Commission of the City of Muskegon
adopted an ordinance amending the zoning map to provide for the change of zoning for the
properties from I-2, General Industrial to WI-PUD, Waterfront Industrial Planned Unit
Development:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 2 BLK 545 & THAT PT SW 1/4 SEC 17 T10N R
16W WLY OF CSX RR NLY OF MUSKEGON RIVER S CHANNEL & SELY OF MUSKEGON RIVER
MIDDLE CHANNEL SUBJ TO ESMT GIVEN TO CITY OF MUSKEGON FOR LAKESHORE TR BIKE
PATH
CITY OF MUSKEGON REVISED PLAT OF 1903 ENTIRE BLK 546
CITY OF MUSKGON PART OF SECTIONS 17 & 18 T10N R16W BEG @ INTERS WLY LINE OF P M
R R R/W WITH NLY LINE OF MUSKEGON RIVER MIDDLE CHANNEL TH NLY ALONG R R R/W TO
SWLY LINE OF TRUNK LINE HWY US 31 TH NWLY ALONG SAID TRUNK LINE HWY TO SELY
BDRY LINE OF THE CITY OF NORTH MUSKEGON TH SWLY ALONG SAID BDRY LINE TO
MUSKEGON LAKE TH SLY ALONG SAID LAKE TO CENTER OF THE N CHANNEL OF MUSKEGON
RIVER TH ELY ALONG SAID BDRY LINE TO POB SUBJ TO ESMTS GIVEN TO CITY OF
MUSKEGON FOR LAKESHORE TRAIL BIKE PATH PROJECT
CITY OF MUSKEGON LAND IN THE CITY OF MUSKEGON LYING S OF THE CL THREAD OF
CEDAR CREEK DESC AS FOL: THAT PT OF THE NW 1/4 SEC 17 & NE 1/4 SEC 18 T10N R16W
LYING W OF RR ROW AND THAT PT OF NE 1/4 SEC 18 T10N R16 W LYING WITHIN THE CITY
LIMITS EXC THE FOL DESC PARCELS THAT PT OF SEC 17&18 T10N R16W LYING S OF CITY OF
N MUSKEGON LIMITS DESC AS BEG AT PT OF INT OF WLY LN OF PMRR ROW WITH NELY
BDRY OF MUSKEGON RIVER CAUSEWAY TH NLY ALG WLY LN SD RRROW TO C/L OF CEDAR
CREEK TH WLY ALG SD C/L TO INT WITH NELY BDRY OF MUSKEGON RIVER CAUSEWAY TH
SELY ALG NELY LN OF CAUSEWAY TO POB AND ALSO EXC BEG AT INT OF WLY LN PMRR
ROW AND NLY LINE MUSKEGON RIVER MIDDLE CHANNEL TH NLY ALG RR ROW TO SWLY
LINE TRUNK LINE HWY US 31 TH NWLY ALG SD HWY TO SELY BDRY LINE OF CITY OF NORTH
MUSKEGON TH SWLY ALG SD CITY BDRY LINE TO MUSKEGON LAKE TH SLY ALG LAKE TO
CENTER OF N CHANNEL OF MUSKEGON RIVER TH ELY ALG SD BDRY LINE TO POB AND ALSO
EXC ALL ROAD ROW WITHIN SAID PARCEL ENTIRE PARCEL ALSO DESC IN 1930 AS: BEING
PART OF THE FOL PARCELS: BLK 48 LOT 10 & BLK 49 LOTS 1-3 BLK "D" REVISED PLAT OF THE
CITY OF NORTH MUSKEGON ACCORDING TO THE RECORDED PLAT THEREOF ALSO THE W
CITY OF MUSKEGON THAT PART OF NE 1/4 OF SW 1/4 SEC 17 10 16 BOUNDED ON WEST BY C
& O RR R/W ON S BY MUSKEGON RIVER & ON NELY SIDE BY U S 31
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
7
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2015 CITY OF MUSKEGON
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
8
03/11
I-2 General Industrial
ARTICLE XV - I-2 GENERAL INDUSTRIAL DISTRICTS
PREAMBLE
The I-2 General Industrial Districts are established primarily for manufacturing, assembling, and
fabrication activities including large scale or specialized industrial operations whose external
physical effects may be felt to some degree by surrounding districts. The I-2 District is so
structured as to permit, in addition to I-1 Light Industrial District uses, the manufacturing,
processing and compounding of semi-finished or finished products from raw materials.
SECTION 1500: PRINCIPAL USES PERMITTED
In an I-2 General Industrial District, buildings and land may be used for one (1) or more of the
following specified uses, unless otherwise provided in this Article.
1. Any Principal Use Permitted in the I-1 District, subject to the requirements of this
District.
2. Primary metal industries, including foundries, smelting and refining of metal or alloys,
rolling and extruding plants.
3. Chemical plants whose manufacturing process produce products which are not hazardous
materials as defined in the Fire Code.
4. Paper and pulp manufacturing.
5. Power generating plants.
6. Junk yards and scrap metal processing.
7. Rubber manufacturing or the remanufacturing of rubber products.
8. Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code
Sections 34-101 through 43-107 [03/11].
9. Uses similar to the above principal uses.
SECTION 1501: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as a
special land use if it is found to meet the standards outlined in Section 2332 of this Ordinance,
subject to applicable conditions imposed by Ordinance or other reasonable conditions imposed
by the Planning Commission:
s:\planning\common\zoning\ordinance\excerpts\i-2.doc 1
03/11
1. Any use with outside storage of aggregate, sand or other soil, or raw materials used in a
manufacturing process such as brick, tile manufacturing plants, asphalt and cement batch
plants.
2. Gasoline storage facilities.
3. Bulk storage or the production of acetylene, natural gas, and oxygen or other highly
explosive or toxic gases. The storage of such gases for use in a production process or of
an industry, business, or health care facility shall not be considered bulk storage.
4. Chemical plants whose manufacturing process produce products which are hazardous
materials as defined in the Fire Code.
5. Wind Turbine Facilities [10/09].
6. Uses similar to the above Special Land uses.
SECTION 1502: PLANNED UNIT DEVELOPMENTS
Planned developments may be allowed by the Planning Commission under the procedural
guidelines of Section 2101. The intent of Planned Unit Developments in the I-2 General
Industrial District is to allow mixed land uses, which are compatible to each other.
SECTION 1503: AREA AND BULK REQUIREMENTS [amended 4/00]
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 85 %
Pavement: 25 %
3. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then
measured from setback).
4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three
(3) times longer its width.
5. Height limit: 3 stories or 50 feet
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
s:\planning\common\zoning\ordinance\excerpts\i-2.doc 2
03/11
6. Front Setbacks: [amended 1/05]
Minimum:
Expressway or Arterial Street : 30 feet
Collector or Major Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures
only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-
way line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or
one side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-
line is employed for a structure or fire access. At least fifty percent of all required front
setbacks shall be landscaped and adjacent to the road right-of-way. An average minimum
greenbelt of 10 feet shall be maintained along each street frontage. [amended 12/01,
amended 10/02]
s:\planning\common\zoning\ordinance\excerpts\i-2.doc 3
10/12
WI-PUD Waterfront Industrial Planned Unit Development
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT
DISTRICTS [amended 10/12]
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial
shipping of bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge,
or other similar commercial vessels. The WI-PUD District is intended to promote the
consolidation of commercial port activities at the eastern terminus of Muskegon Lake because of
its proximity to the interstate, established industrial uses, and isolation from residential zones.
The intent is to localize this district to promote symbiotic relationships among industrial port
activities and to discourage the expansion of such activities elsewhere along Muskegon Lake
frontage. It is further the intent of this district to require planned unit developments for all
projects to ensure a mix of port uses that enhances the industrial economic base of the city. The
planned unit development tool shall be applied to promote flexibility in development and to
enhance functional relationships among uses in the district.
The general categories of uses permitted in the WI-PUD district are associated with standard
industrial classifications, major group industry 44, "Water Transportation" as found in the 1987
Standard Industrial Classification Manual prepared by the Executive Office of the President,
Office of Management and Budget.
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as
planned unit developments. Planned unit developments shall be reviewed and approved by the
Planning Commission and City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk
materials shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
s:\planning\common\zoning\ordinance\excerpts\wi-pud.doc 1
10/12
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
10. Lighterage.
11. Commercial engine and hull repair.
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with
maritime shipping and transport.
15. Bulk liquid facilities of non-hazardous materials.
16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Manufacturing that is dependent on port facilities.
19. Any other uses which meet the intent of this district as deemed by the Planning
Commission and City Commission; except that in no case shall a prohibited use be
permitted.
ACCESSORY USES:
1. Docks, wharves, piers or transit sheds or related facilities used in connection with the
transfer, handling, storage and transit and incidental processing of cargo from or to
waterborne craft.
2. Truck or rail freight terminal supporting water freight transport.
3. Offices associated with port facilities and functions.
4. Parking decks.
5. Watchmen quarters employed on the premise.
6. Lift equipment to load and unload ships.
7. Weigh stations.
8. Lighthouse.
s:\planning\common\zoning\ordinance\excerpts\wi-pud.doc 2
10/12
9. Fuel dock.
10. Seaplane base.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transport.
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained
in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Open storage of fertilizers, agricultural lime and other chemicals.
10. Billboards.
SECTION 1506: REVIEW STANDARDS
The Planning Commission shall approve, deny or modify preliminary planned unit development
plans, based upon the site plan review and landscaping standards of this ordinance and the
following standards below. Likewise, the City Commission shall approve, deny, or modify final
planned unit development plans (after review and recommendation by the Planning Commission)
based upon the following standards:
1. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare,
or convenience of any combination thereof, on present and potential surrounding land
uses. The uses proposed will not adversely affect the public utility and circulation
systems, surrounding properties, or the environment.
2. The uses proposed should be consistent with the land use plans adopted by the City.
3. The amount of open space provided is compatible with and meets the requirements of this
ordinance, which the Planning Commission or City Commission may modify, even
though such modifications do not conform to that required in other sections of this
ordinance.
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4. The amount of off-street parking areas is adequate, which the Planning Commission or
City Commission may modify even though such modifications do not conform to that
required in other sections of this ordinance.
5. The amount of landscaping and buffering areas provided are compatible with and meet
the requirements of this ordinance, which the Planning Commission or City Commission
may modify even though such modifications do not conform to that required in other
sections of this ordinance.
6. The design provides for the protection or enhancement of significant natural, historical,
or architectural features within the proposed development area.
7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular
and pedestrian circulation systems.
8. The land uses presented shall provide a mix of uses to perpetuate an economically viable,
mixed use port.
9. The project shall demonstrate adequate support services for all activities.
10. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the
surface water to prevent leaching.
11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site
or district.
12. Truck freight terminals shall not occupy more than 30% of the site area or district.
Trucks shall be stored a minimum of two hundred (200) feet from the ordinary high water
mark.
SECTION 1507: AREA AND BULK REQUIREMENTS
The following are meant as general guidelines. Through the process of the Planned Unit
Development process, the Planning Commission may determine that changes to the standards are
appropriate to both meet the needs and objectives of the project and the city.
1. Minimum lot size: 43,560 sq. feet.
2. Maximum lot coverage:
Buildings: 75 %
Pavement: 25 %
3. Lot width: 150 feet (shall be measured at road frontage unless a cul-de-sac, then measured
from setback).
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4. Width to depth ratios: The depth of any lot(s) or parcel(s) shall not be more than three (3)
times longer its width.
5. Height limit: 3 stories or 50 feet.
Height measurement: In the case of a principal building, the vertical distance measured
from the average finished grade to the highest point of the roof surface where the
building line abuts the front yard, except as follows: to the deck line of mansard roofs,
and the average height between eaves and the ridge of gable, hip, and gambrel roofs (see
Figure 2-2). If the ground is not entirely level, the grade shall be determined by
averaging the elevation of the ground for each face of the building (see Figure 2-4).
6. Front Setbacks:
Minimum:
Expressway, Arterial Street or Major Street: 30 feet
Collector Street: 20 feet
Minor Street: 10 feet
7. Rear setback: 10 feet.
8. Setback from the ordinary high water mark or wetland: 75 feet (principal structures only).
9. Side setbacks:
1-story: 10 feet and 20 feet
2-story: 15 feet and 25 feet
3-story: 20 feet and 30 feet
Note, setback measurement: All required setbacks shall be measured from the right-of-way
line to the nearest point of the determined drip line of buildings. [amended 10/02]
10. Zero lot line option: New principal buildings may be erected on the rear lot line and/or one
side lot line provided: [amended 10/02]
a. The building has an approved fire rating for zero-lot line development under the
building code.
b. The building has adequate fire access preserved pursuant to fire code
requirements.
c. The zero lot line side is not adjacent to a street.
d. A maintenance access easement is granted by the adjacent property owner and
recorded with the County Register of Deeds and provided to the zoning
administrator with the site plan or plot plan.
e. It is not adjacent to wetlands, or waterfront.
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11. All required side and rear setbacks shall be landscaped, greenbelt buffers, unless zero-lot-line
is employed for a structure or fire access. At least fifty percent of all required front setbacks
shall be landscaped and adjacent to the road right-of-way. An average minimum greenbelt of
10 feet shall be maintained along each street frontage. [amended 12/01, amended 10/02]
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Date: November 24, 2015
To: Honorable Mayor and City Commissioners
From: Department of Public Works
RE: Permanent Traffic Control Orders-Removal of Traffic Signals and
Installation of Stop & Speed Limit Signs on/along Muskegon and Webster
from 9th to Spring TCOs #19 and #20-(2015).
SUMMARY OF REQUEST:
Authorize staff to remove Traffic Signals and install Stop & Speed Limit Signs along
and intersecting Muskegon and Webster Avenues per Traffic Control Orders #19 and
#20-(2015).
FINANCIAL IMPACT:
Cost incorporated into the reconstruction of Muskegon and Webster Avenues.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to remove and install various traffic control devices per Traffic Control Orders
#19 and #20-(2015).
COMMITTEE RECOMMENDATION:
City of Muskegon
Traffic Control Order
No. 19-(2015)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Remove Traffic Signals on Muskegon
Avenue @ 7th, 4th, 2nd, Jefferson, Pine and Spring Streets and install Stop Signs at 7th, 5th and
Spring Streets on Muskegon Avenue. Install Stop Signs on 6th, 4th, 2nd, Jefferson, Pine and Spring
Streets as they intersect Muskegon Avenue and install a 30-MPH Speed Limit Signs.
Location: Muskegon Avenue from 9th to Spring Street and intersecting streets along Muskegon
Avenue.
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
City of Muskegon
Traffic Control Order
No. 20-(2015)
The following regulatory sign(s) shall be Installed/Removed at/from the location(s) specified
below under location in accordance with the Michigan Manual of Uniform Traffic Control.
Device/Regulatory Sign(s) to be Installed/Removed: Remove Traffic Signals on Webster
Avenue @ 7th, 4th, 2nd and Jefferson Streets and install Stop Signs at 7th and 5th Streets on
Webster Avenue. Install Stop Signs on 6th, 4th, 2nd and Jefferson Streets as they intersect Webster
Avenue and install a 30-MPH Speed Limit Signs.
Location: Webster Avenue from 9th to Spring Street and intersecting streets along Webster
Avenue.
Recommendation:
________________________________ Date: ______/______/______
Director of Public Works
________________________________ Date: ______/______/______
Police Chief
________________________________ Date: ______/______/______
City Manager
Commission Approval (required for Permanent TCO only):
______ __________ Date: _____/_____/___ __
Commission Action #
Installation/removal
Date assigned: _____/_____/_____ By: ___________________________
Traffic Supervisor
Date completed: _____/_____/_____ By: ___________________________
Traffic Department Employee
Temporary; does not require Commission Action, good for 90-days from
Installation/Removal Date.
Permanent; requires Commission Action
CITY COMMISSION MEETING
Date: November 24, 2015
To: Honorable Mayor and City Commissioners
From: Frank Peterson, City Manager
Re: Option to Purchase Land – 1640 Lakeshore Drive
SUMMARY OF REQUEST: A group of investors is interested in developing an outdoor sports
facility on city-owned property at 1640 Lakeshore Drive. The group’s intention is to provide space
for baseball, softball, soccer, and other related field sports. The group has requested an option
valid through September 4, 2016 at a cost of $1.00, with the intention of raising $1 Million to
develop the site.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approving the option to give the group enough
time to undertake planning and fundraising efforts.
COMMITTEE RECOMMENDATION:
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OPTION AGREEMENT
This Agreement is made on __________________, 2015, between City of Muskegon, a
municipal corporation, 933 Terrace Street, Muskegon, MI 49443-0536 (“City”) and Redstone
Commercial Investments, LLC, 15526 Linn Court, Spring Lake, Michigan (“Buyer”) with
reference to the following facts:
Background
A. City owns certain real estate located at 1640 Lakeshore Drive, Muskegon,
Michigan and commonly referred to as the Amoco Property or Amoco Tank Farm that is legally
described on Exhibit A (“Premises”).
B. Buyer desires to obtain an option to purchase Owner’s interest in the Premises for
use as one or more baseball field(s) on the terms and conditions of this Agreement.
C. City is willing to sell the Premises to Buyer on the terms and conditions of this
Agreement.
Therefore, the parties agree as follows:
1. Grant of Option. Owner grants to Buyer the option to purchase its interest in the
Premises on the terms set forth in this Agreement (“Option”). Buyer may record a memorandum
of the Option with the Muskegon County Register of Deeds.
2. Period of Option. The term of this Option shall commence on the date this
Agreement is executed and shall continue until 5:00 p.m. on September 4, 2016 (“Option
Period”).
3. Exercise of Option. Buyer may exercise the Option at any time during the
Option Period by providing notice as required below and acceptable proof in the sole discretion
of the City that Buyer has raised or has commitments totaling $1 million, or more, for the
construction of one or more baseball field(s) on the Premises. If Buyer elects to exercise the
Option, it shall deliver written notice of its intention to exercise the Option and proof of the
financial commitments to Owner. Delivery of the notice shall be made according to the
provisions of paragraph 6(a).
4. Option Price. The purchase price for the Option is $1 (“Option Price”) and shall
be paid in full upon execution of this Option. In the event Buyer fails to exercise the Option
during the Option Period, the Option Price shall be retained by Owner.
5. Terms of Purchase. In the event Buyer exercises the Option, the sale and
purchase of Owner’s interest in the Premises shall be on the following terms:
a. Purchase Price. The purchase price shall be $1, less credit for the Option
Amount.
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b. Costs. Buyer shall be responsible to pay the Michigan state and county
transfer taxes in the amount required by law. City shall be responsible to pay for the
recording of any instrument which must be recorded to clear title to the extent required
by the purchase agreement. Buyer shall pay for the cost of recording the Quit Claim
Deed, which is to be delivered at closing. Buyer shall pay for an owner’s policy of title
insurance in the amount Buyer elects.
c. Property Taxes and Assessments. All taxes that are due and payable at
the time of closing, if any, shall be paid by Seller prior to or at closing, without proration.
All taxes which become due and payable after closing shall be the responsibility of
Buyer, without proration. Buyer shall pay any existing assessments that are due and
payable, or a lien or both, on the Premises on or before closing.
d. Inspection Period. Buyer may, prior to the date of closing, conduct such
inspections, investigations, surveys, appraisals, tests, feasibility studies, and
determinations of the Premises as Buyer, in its sole discretion, shall desire in order to
determine that the condition of the Premises is acceptable and that the Premises is
suitable for Buyer’ intended uses as one or more baseball fields (“Due Diligence
Investigation”). The cost of the Due Diligence Investigation shall be paid for by Buyer.
The Due Diligence Investigation shall be completed within a reasonable time, not to
exceed 60 days (“Inspection Period”) after execution of this Agreement by both parties.
Owner shall obtain the consent to access the Premises for the purposes of the Due
Diligence Investigation.
e. Title Insurance. City shall order an owner’s policy of title insurance
issued by the Transnation Title Insurance Company, 570 Seminole Road, Suite 102,
Muskegon, Michigan 49444 (“Title Company”) in the standard A.L.T.A. form, without
the standard exceptions, certified to the date of closing, in the amount of the purchase
price that shows that City has good and marketable title to the Premises, keep easements
and encumbrances of record. Buyer may raise any objections to the exceptions or
encumbrances shown on the commitment within 20 days after Buyer receives the
commitment by giving written notice to City. If Buyer raises a title objection, Buyer
shall not be required to close this transaction unless City cures the objection or Buyer
waives its objection. If City elects to cure the objection, City shall take action to remove
the exception or the encumbrance from the chain of title, in order to remove it from the
commitment and the policy. The title insurance policy shall include a tax lien search
certified to the date of closing.
f. Representations, Covenants and Warranties of City. City represents,
covenants and warrants the following to be true:
i. Authority. City has the power and authority to enter into and
perform their obligations under this Agreement.
ii. Title to Premises. City has good and marketable title to the
Premises except as set forth in this Agreement.
iii. Litigation. There is no material litigation or proceeding either
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pending or threatened against or relating to City or the Premises.
g. Date of Closing. Unless the parties otherwise mutually agree, the closing
shall be held on or before 30 days from the date Buyer exercises the Option. The closing
shall be held at the Title Company or at another location mutually agreeable to the
parties.
h. Deliveries. At closing, City shall execute and deliver to Buyer a Quit
Claim deed for the Premises. The Quit Claim Deed shall include the following provision:
PROVIDED, HOWEVER, Buyer, or its assigns, shall construct on the Premises
four baseball fields, along with such other amenities as are appropriate for
baseball fields. Construction of the baseball field and amenities, which will need
to comply with applicable zoning ordinances, site plan review and construction
permits, shall be qualified for the issuance of final inspection reports no later than
30 months after the date of closing on the acquisition of the Premises
(“Certification Period”). In the event the final inspection reports have not been
issued within the Certification Period, the Premises and all improvements then
installed shall revert in title to the City, without any liens and without any
compensation or credit to the Buyer.
This deed is subject to those representations and warranties, which survive
closing, provided for in the Option Agreement between the parties dated
November 24, 2015 and the Purchase Agreement between the parties dated ___,
20___.
These covenants and conditions shall run with the land.
The parties shall execute and deliver all other documents reasonably necessary to
complete the transaction contemplated by this Agreement.
i. Risk of Loss. Until the time of closing, risk of loss because of the damage
to or destruction of any improvements located on the Premises shall be solely that of
City. In the event the improvements located on the Premises are damaged prior to the
date of closing, and are not repaired by City prior to closing, Buyer may elect to
terminate this Agreement or Buyer may elect to continue this Agreement in which event
City shall assign to Buyer any insurance proceeds to be received by City because of said
damage or other destruction.
6. General Provisions.
a. Notice. All notices and other deliveries required under this Agreement
shall be made and given to the appropriate party at the address set forth above or at such
other address as may hereafter be specified by written notice from time to time. Notices
shall be effective on the date of receipt, if given by hand, express delivery or recognized
courier service. Notices given by certified mail shall be deemed effective three business
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days after the date of deposit in an authorized postal facility, as shown by its receipt for
certified mail.
b. Assignment. Buyer may not assign its rights in the Option to any other
entity, without the prior written consent of the City.
c. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
d. Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with the laws of the State of
Michigan.
e. Entire Agreement. This Agreement shall constitute the entire agreement,
and shall supersede any other agreements, written or oral, that may have been made or
entered into, by and between the parties with respect to the subject matter of this
Agreement and shall not be modified or amended except in a subsequent writing signed
by the party against whom enforcement is sought.
This Agreement was executed on the date set forth above.
CITY OF MUSKEGON
By _________________________________
Stephen J. Gawron, Mayor
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
BUYER
By _________________________________
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MEMORANDUM OF OPTION
PLEASE TAKE NOTICE that on _____________________, 2015, City of Muskegon, of 933
Terrace Street, Muskegon, MI (“City”) and ___________________________, of _______________,
__________, MI (“Buyer”) executed an option to purchase certain the real estate located in the City of
Muskegon, Muskegon County, Michigan, and legally described on Exhibit A.
The term of the Option commences on ____________________, 2015 and shall continue to 5:00
p.m. on March 4, 2015.
This memorandum is being executed for recording purposes, to give public notice of the
existence of the option.
CITY: BUYER:
CITY OF MUSKEGON
By: _______________________________ By: _______________________________
Name: Stephen J. Gawron Name:
Title: Mayor Title:
Dated: __________________, 2015 Dated: __________________, 2015
CITY:
CITY OF MUSKEGON
By: _______________________________
Name: Ann Marie Meisch
Title: Clerk
Dated: __________________, 2015
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STATE OF MICHIGAN)
COUNTY OF MUSKEGON)
Subscribed and sworn to before me this ___ day of ___________, 2015, by Stephen J. Gawron,
Mayor, City of Muskegon.
______________________________
, Notary Public
Muskegon County, Michigan
Acting in Muskegon County, Michigan
My Commission Expires:
STATE OF MICHIGAN)
COUNTY OF MUSKEGON)
Subscribed and sworn to before me this ___ day of ___________, 2015, by Ann Marie Meisch,
Clerk, City of Muskegon.
______________________________
, Notary Public
Muskegon County, Michigan
Acting in Muskegon County, Michigan
My Commission Expires:
STATE OF MICHIGAN)
COUNTY OF ___________________)
Subscribed and sworn to before me this ___ day of ___________, 205, by __________________,
_________________ Buyer.
______________________________
, Notary Public
_________________ County, Michigan
Acting in _________ County, Michigan
My Commission Expires:
Prepared by and when recorded return to:
John C. Schrier
Parmenter O’Toole
P.O. Box 786
Muskegon, MI 49443
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Exhibit A
Legal Description
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Commission Meeting Date: November 24, 2015
Date: November 17, 2015
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Dept.
RE: Purchase of HUD Home at 2324 Park Drive
SUMMARY OF REQUEST: To approve the purchase of a HUD home
located at 2324 Park Drive in Campbell Neighborhood for the price of
$45,000 (Forty Five Thousand Dollars).
After the sale, CNS will rehabilitate the single family dwelling as part of
the HOME funded Home Buyers Program.
FINANCIAL IMPACT: The funding used for the purchase and
rehabilitation will come from 2015 HOME funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
property.
COMMITTEE RECOMMENDATION: None needed
MUSKEGON CITY COMMISSION
RESOLUTION TO APPROVE THE PURCHASE OF
HUD PROPERTY AT 2324 PARK DRIVE
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 purchase of the property at 2324 Park Drive by the City of
Muskegon. The Community and Neighborhood Services Department will
rehabilitate a single-family home to sell to a qualified buyer through the
Home-Buyer Program.
Adopted this 24th of November, 2015.
Ayes:
Nays:
By ______________________________
Stephen J. Gawron, Mayor
By ______________________________
Ann Marie Meisch, MMC City Clerk
Date: November 24, 2015
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Engineering Services Agreement with Hubbell, Roth & Clark, Inc.
SUMMARY OF REQUEST:
Authorize staff to enter into an engineering services agreement with Hubbell, Roth & Clark,
Inc. out of Grand Rapids to perform the design and construction engineering for the
section of trail between Keating at Port City Blvd. and the Musketawa Trail at an estimated
cost of $21,845.
The recommendation for HRC was arrived at after reviewing two other proposals from
Westshore Engineering for $22,880 and from Fleis & Vandenbrink Engineering for
$34,300.
FINANCIAL IMPACT:
The engineering fee and the construction cost will paid for via an MDNR grant the City had
secured a while back.
BUDGET ACTION REQUIRED:
None at this time
STAFF RECOMMENDATION:
Authorize staff to enter into an engineering services agreement with HRC.
COMMITTEE RECOMMENDATION:
CITY COMMISSION MEETING – NOVEMBER 24, 2015
TO: Honorable Mayor and City Commissioners
FROM: Frank Peterson, City Manager
DATE: November 24, 2015
RE: SEIU Unit 1 – Clerical Contract
SUMMARY OF REQUEST:
SEIU Unit 1 currently has approximately 20 members, with most of them classified as Customer
Service Representatives. These are the city’s front-line team members, and handle important
tasks for the Treasurer’s office, as well as the City Clerk, CNS, Police, and Public Works
departments. The group’s current collective bargaining agreement is set to expire on December
31, 2016. The contract calls for a wage opener to determine wages effective January 1, 2016.
As part of the wage negotiations, city staff and unit bargaining team members tentatively agreed
to extend the current agreement for two additional years with the following changes:
1. 2.5% wage increase effective January 1, 2016
2. Creation of a 12th pay step effective January 1, 2017
3. Creation of a 13th pay step effective January 1, 2018
4. Changes to the merit step system for pay steps after step 4
5. Increase the employer match to the employee HSCP from 1% to 3%
6. New expiration date of December 31, 2018
FINANCIAL IMPACT:
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To thank the members of SEIU Unit 1 for their hard work and dedication to the citizens of Muskegon
and approve the tentative agreement; and authorize the Mayor and Clerk to sign the contract.
COMMITTEE
RECOMMENDATION: None.
Date: November 24, 2015
To: Honorable Mayor and City Commissioners
From: DPW/Equipment
RE: New Plow Truck
SUMMARY OF REQUEST:
The Equipment Division is requesting permission to purchase one new plow truck from
West Michigan International the Mi-Deal State contract holder.
FINANCIAL IMPACT:
$84,292.85
BUDGET ACTION REQUIRED:
None. This is the amount budgeted for.
STAFF RECOMMENDATION:
Authorize staff to purchase (1) one new plow truck from West Michigan International, LLC
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Commission Meeting Date: November 24, 2015
Date: November 17, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing & Approval of the Parks &
Recreation Master Plan 2016 Update.
SUMMARY OF REQUEST: In order to seek grant money to update or
improve on our parks; we must have an approved Parks and Recreation
Plan submitted and approved by the State. The plan would be active for
the maximum 5 years allowed by the State. Therefore, staff has worked
on updating the plan and had the first public hearing before the Planning
Commission on August 13, 2015. In addition, minor changes were
included as well as updates to existing parks being added.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To hold a public hearing and for the City
Commission to adopt the “Muskegon Parks & Recreation Master Plan
2016” updates and authorize the Mayor & Clerk to sign any documents
necessary to the updates and to forward the plan to the MDNR for final
approval.
COMMITTEE RECOMMENDATION: The Planning Commission held a
public hearing and recommended approval at their regular meeting of
August 13, 2015.
Resolution No. ______
MUSKEGON CITY COMMISSION
CITY OF MUSKEGON
RECREATION PLAN UPDATE
RESOLUTION OF ADOPTION
WHEREAS, the City of Muskegon has undertaken a Parks and Recreation Plan Amendment which
describes changes to the Five Year Parks and Recreation Plan and indicates actions to be taken to
improve and maintain recreation facilities during the next five year period; and
WHEREAS, a public comment session was held November 24, 2015 at City Hall, 933 Terrace St. to
provide an opportunity for citizens to express opinions, ask questions, and discuss all aspects of the
Recreation Plan Update; and
WHEREAS, after the public meeting, the City of Muskegon City Commission voted to adopt said
Recreation Plan Update; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon City Commission hereby adopts
the City of Muskegon “Muskegon Parks and Recreation Master Plan 2016” Recreation Plan
Amendment.
Adopted this 24th day of November, 2015.
AYES:
NAYS:
ABSTAIN:
By:______________________________
Stephen Gawron, Mayor
Attest:____________________________
Ann Marie Meisch, City Clerk
Commission Meeting Date: November 24, 2015
Date: November 16, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Public Hearing to Create a Special Assessment
District in the Business Improvement District
SUMMARY OF REQUEST: The Downtown Business Improvement
District (BID) Board has requested a special assessment district for
downtown properties. The assessments will go towards various
downtown expenditures, including snow removal on sidewalks,
spring/fall cleanup and landscaping, holiday decorating, banners &
directional signs, marketing/advertising and art. The BID assessment
includes both a “Class A” and a “Class B” district (see attached list).
FINANCIAL IMPACT: The total estimated cost of services within the BID
is $128,467.36 of which approximately 97% ($124,864.32) will be paid
by the special assessment to property owners, with the remaining cost
being paid by the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To create the special assessment district
as outlined and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution.
CITY OF MUSKEGON
Resolution No. _____
Resolution At First Hearing Creating Special Assessment District
For Downtown Muskegon Business Improvement District (BID)
Location and Description of Properties to be assessed:
See Exhibit A attached to this resolution
RECITALS:
1. By resolution of the City Commission, a hearing has been held on November 24, 2015, at
5:30 p.m. at the City Commission Chambers. Notice was given by mail and publication
as required by law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held on November 24, 2015, there were _____________ objections by the
owners of the property in the city registered at the hearing either in writing received
before or at the hearing or by owners or agents present at the hearing, and the
Commission has considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost, including all assessable
expenses, and determines them to be reasonable.
2. The City Commission has considered the value of the property to be assessed and the
value of the benefit to be received by each property to be assessed in the district for
downtown improvements and services. The City Commission determines that the
assessments of costs of the City project will enhance the value of the property to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit and remove a burden from the property associated with the
services and improvements to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include all of the
property included in Exhibit A.
2. The City Commission determines to proceed with the special assessment.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners _______________________________ and ______________________
and the City Assessor who are hereby directed to prepare an assessment roll. Assessments
shall be made upon a benefit basis.
4. It is hereby determined that, based on the estimates of cost for services and improvements
downtown, the City will levy a special assessment in the said district on “Class A”
Properties, as defined in the BID Bylaws, for an annual assessment of $0.08/sf with no
assessment to exceed $3,000 and “Class B” Properties, as defined in the BID Bylaws, for
an annual assessment of $0.02/sf with no assessment to exceed $3,000 commencing with
the Winter 2015 tax bill.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes ___________________________________________________________________
______________________________________________________________________________
Nays ___________________________________________________________________
______________________________________________________________________________
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
_______________, 2015. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public acts of 1976.
CITY OF MUSKEGON
By _________________________________
Ann Marie Meisch, Clerk
Exhibit A
Location and Description of Properties to be Assessed
Parcel Address Owner Number Street City State ZIP SF_of_Lot Assessment %_of_Assessed_Properties Class
24-205-318-0001-10 683 W Western Grand Trunk LLC 1007 Moorings Ct. North Muskegon MI 49445 2254 180.32 0.000749828 A
24-205-316-0007-00 605 W Western Western Ave LLC 605 W. Western Ave. Muskegon MI 49440 3354 268.32 0.001115759 A
24-205-316-0008-00 607 W Western Western Ave LLC 605 W. Western Ave. Muskegon MI 49440 4486 358.88 0.001492336 A
24-205-316-0009-10 609 W Western EMP LLC 16149 Baird Ct. Spring Lake MI 49456 2744 219.52 0.000912834 A
24-205-316-0005-00 593 W Western Muskegon Lakeview Condos LLC 17234 Robbins Dr. Grand Haven MI 49417 10920 873.60 0.003632705 A
24-205-316-0004-00 591 W Western NEBA LLC 5691 17 Mile Rd. Cedar Springs MI 49319 3360 268.80 0.001117755 A
24-205-316-0001-00 587 W Western EBEE Properties LLC 1685 68th St. SE Caledonia MI 49316 12320 985.60 0.004098436 A
24-205-315-0006-00 563 W Western 3M Investments LLC 565 W. Western Ave. STE B Muskegon MI 49440 9235 738.80 0.003072164 A
24-205-315-0005-00 561 W Western Musk. Heritage Assoc 561 W. Western Ave. Muskegon MI 49440 5487 438.96 0.001825334 A
24-205-315-0004-00 555 W Western Ingalls Real Estate Acquisition LLC 3736 S. Baker St. Muskegon MI 49444 11823 945.84 0.003933102 A
24-205-315-0005-10 557 W Western CBT Enterprises LLC 1003 W. Main St. Fremont MI 49412 1185 94.80 0.000394208 A
24-205-315-0003-00 545 W Western Babbitt E C/P R Trust 4473 Cherrywood Ct. Muskegon MI 49441 13860 1108.80 0.004610741 A
24-205-315-0001-00 521 W Western Babbitt E C/P R Trust 4473 Cherrywood Ct. Muskegon MI 49441 13860 1108.80 0.004610741 A
24-205-314-0001-10 477 W Western 475 W Western Ave. LLC 1887 Holton Rd. STE D-279 Muskegon MI 49445 1500 120.00 0.000498998 A
24-205-313-0006-00 451 W Western Corepark Investments LLC 111 W. Western Ave. Muskegon MI 49442 9240 739.20 0.003073827 A
24-205-313-0005-10 435/441 W Western PH Holding LLC PO Box 388 Muskegon MI 49443 12904 1032.32 0.004292713 A
24-233-000-0008-00 379 W Western Sidock Properties LLC 45650 Grand River Ave. Novi MI 48374 22542 1803.36 0.007498941 A
24-204-000-0000-00 333 W Western New Trend Investment LLC 8868 Water St. Montague MI 49437 9280.54 742.44 0.003087314 A
24-205-175-0006-00 121 W Western First General Credit Union 589 E. Ellis Rd. Muskegon MI 49441 16005 1280.40 0.005324308 A
24-205-175-0001-00 111 W Western J E Real Estate Co. LLC 75 W. Walton Ave. Muskegon MI 49440 27142 2171.36 0.009029201 A
24-205-555-0001-00 100 W Western Thebo Joyce M Revocable Living Trust 45995 Meadow Circle E. Macomb MI 48044 16103 1288.24 0.005356909 A
24-233-000-0006-00 350 W. Western Western Ave. Properties LLC 4460 Deer Creek Muskegon MI 49441 4889.49 391.16 0.001626564 A
24-233-000-0005-00 356 W Western Century Club Development LLC PO Box 732 Muskegon MI 49443-0732 5581.67 446.53 0.001856828 A
24-233-000-0004-00 360 W Western Russell Block Dev LLC PO Box 732 Muskegon MI 49443-0732 7805.11 624.41 0.002596489 A
24-233-000-0025-00 376 W Western Russell Block Dev LLC PO Box 732 Muskegon MI 49443-0732 3172.95 253.84 0.00105553 A
24-432-000-0000-00 380 W Western Muskegon Chamber Building LLC 300 Washington Ave. STE 200 Grand Haven MI 49417 15289.9 1223.19 0.005086419 A
24-205-566-0009-00 428 W Western Parkland Hudsonville LLC 75 W. Walton Ave. #A Muskegon MI 49440 11648 931.84 0.003874885 A
24-205-566-0013-00 442 W Western G&Z Properties LLC 442 W. Western Ave. Muskegon MI 49440 2741.2 219.30 0.000911902 A
24-205-566-0014-00 446 W Western 446 W Western Ave. LLC 446 W. Western Ave. Muskegon MI 49440 4168.6 333.49 0.001386749 A
24-205-567-0001-10 450 W Western 450 W Western LLC 4880 Rambling Creek Dr. Muskegon MI 49441 7858.22 628.66 0.002614157 A
24-205-567-0001-20 490 W Western Port City CIO BLDG 490 W. Western Ave. Muskegon MI 49440 7195.14 575.61 0.002393573 A
24-205-567-0001-40 500 W Western 500 W. Western Ave. LLC PO Box 1051 Matthews NC 48201 9448.16 755.85 0.003143075 A
24-205-321-0004-00 699 W Clay WWG Holdings LLC 665 W. Clay Ave. Muskegon MI 49441 27580 551.60 0.009174909 B
24-205-321-0001-00 665 W Clay WWG Holdings LLC 665 W. Clay Ave. Muskegon MI 49441 27720 554.40 0.009221482 B
24-205-322-0005-00 639 W Clay L&K Company LLC 2964 Lakeshore Dr. W201 Muskegon MI 49441 17424 1393.92 0.00579636 A
24-205-322-0003-00 623 W Clay L&K Company LLC 2964 Lakeshore Dr. W201 Muskegon MI 49441 18388 1471.04 0.006117049 A
24-205-322-0002-00 611 W Clay BRIMO LLC PO Box 177 Muskegon MI 49443 9147.6 731.81 0.003043089 A
24-205-323-0006-00 585 W Clay J&J Corner Properties LCC 585 W. Clay Ave. Muskegon MI 49440 5247 419.76 0.001745495 A
24-205-323-0005-00 579 W Clay J&J Corner Properties LCC 585 W. Clay Ave. Muskegon MI 49440 4636 370.88 0.001542236 A
24-205-328-0001-00 275 W Clay Press Development LLC 8081 Holton Duck Lake Rd Holton MI 49425 59400 3000.00 0.019760318 A
24-205-330-0004-00 173 W Clay Doom Investments LLC 2034 Lakeshore Dr. Muskegon MI 49441 6864 549.12 0.002283415 A
24-205-330-0002-00 165 W Clay 165 Clay LLC 1042 Terrace St. Muskegon MI 49442 4997 399.76 0.001662328 A
24-205-176-0005-00 121 W Clay Jillian & Jordan LLC 675 Richmond NW Grand Rapids MI 49504 4884 390.72 0.001624737 A
24-205-176-0003-00 103 W Clay William Noordyk Trust 2700 Kenowa NW Grand Rapids MI 49544 5874 469.92 0.001954076 A
24-205-175-0020-00 98 W Clay James Searer 908 N. Sandalwood Cir Muskegon MI 49441 1881 150.48 0.000625743 A
24-205-175-0018-00 118 W Clay Verizon INC PO Box 152206 Irving TX 75015 17424 348.48 0.00579636 B
24-205-310-0016-00 216 W Clay Hennessey's Properties LLC 1074 Jefferson St. Muskegon MI 49440 14828.26 1186.26 0.004932847 A
24-138-000-0101-00 297 W. Clay #101 Corwin Law and Conculting PLC 2049 Carter Dr. Muskegon MI 49441 1018.98 81.52 0.0003 A
Parcel Address Owner Number Street City State ZIP SF_of_Lot Assessment %_of_Assessed_Properties Class
24-138-000-0104-00 297 W. Clay #104 Janski LLC PO Box 1225 Muskegon MI 49443 1261.26 100.90 0.0004 A
24-205-317-0009-10 600 W Clay Mill Street Group LLC 35 Research Dr. STE 300 Ann Arbor MI 48103 2464 197.12 0.000819687 A
24-205-318-0008-00 650 W Clay MJ Downtown Properties LLC 5142 Evanston Ave. Muskegon MI 49442-4852 4800 97.68 0.001596793 B
24-205-318-0001-00 664 W Clay MJ Downtown Properties LLC 5142 Evanston Ave. Muskegon MI 49442-4852 77614 1552.28 0.025819484 B
24-205-330-0010-00 136 W Webster Nick Leisenring & Tim Updyke 1101 West St. Muskegon MI 49442 17424 1393.92 0.00579636 A
24-205-176-0012-00 66 W Webster NW American Real Estate LLC 2648 E. White Lake Dr. Twin Lake MI 49457 5676 113.52 0.001888208 B
24-205-187-0007-00 71 W Webster Karen J. Fethke Trust 1201 Mills Ave. Muskegon MI 49445 14700 1176.00 0.00489018 A
24-205-333-0001-00 221 W Webster Huntington Bank PO Box 182334 Columbus OH 43218-2334 92696 3000.00 0.030836742 A
24-205-351-0005-00 275 W Muskegon Lemmen Pontiac & FM EQ 13 Randall Coopersville MI 49404 17424 1393.92 0.00579636 A
24-205-187-0018-00 20 W Muskegon Ridge Point Community Church 340 104th Ave. Holland MI 49423 36960 2956.80 0.012295309 A
24-205-331-0001-00 122 W Muskegon McDonalds Corp PO Box 182571 Columbus OH 43218-2571 42125 3000.00 0.014013525 A
24-205-563-0008-10 372 Morris Morris STLLC 425 W. Western Ave. Suite 200 Muskegon MI 49440 313632 3000.00 0.10433448 A
24-205-563-0008-11 340 Morris Muskegon GSA LLC 6641 West Broad St. STE 101 Richmond VA 23230 47579.91 3000.00 0.015828185 A
24-792-000-0001-00 316 Morris Hinman Lake LLC 750 Trade Centre Way STE 100 Portage MI 49002 239828 3000.00 0.079782451 A
24-205-118-0013-00 8 W Walton 8 W Walton LLC 8 W. Walton Ave. Muskegon MI 49440 9240 739.20 0.003073827 A
24-205-189-0010-00 896 Pine Eudora B Wilson JR 8812 62nd Ave College Park MD 20740 3480 278.40 0.001157675 A
24-205-186-0009-00 860 Pine J&K Properties of W MI INC PO BOX 439 Twin Lake MI 49457 16045 320.90 0.005337615 B
24-205-186-0007-00 840 Pine Easter Jones Gill PO BOX 344 Muskegon MI 49443 2904 232.32 0.00096606 A
24-205-186-0006-00 830 Pine Easter Jones Gill PO BOX 344 Muskegon MI 49443 1452 116.16 0.00048303 A
24-205-117-0007-00 820 Pine NW Mill Real Estate LLC 820 Pine St. Muskegon MI 49442 26136 522.72 0.00869454 B
24-205-177-0005-00 794 Pine Core Park Investments LLC 1985 E. Laketon Ave. Muskegon MI 49442 22235 1778.80 0.007396813 A
24-205-174-0008-00 772 Pine Lee A. Witt Trust 1501 Ruddiman Dr. Muskegon MI 49445 4224 84.48 0.001405178 B
24-205-174-0004-00 750 Pine David L. Bolen PO BOX 113 Rothbury MI 49452-0113 19140 1531.20 0.006367214 A
24-205-175-0021-00 777 Pine William & Denise McDermott 777 Pine St. Muskegon MI 49442 15576 311.52 0.005181595 B
24-205-176-0015-00 813 Pine NW American Real Estate LLC 2648 W. White Lake Dr. Twin Lake MI 49457 4554 91.08 0.001514958 B
24-205-176-0013-00 821 Pine NW American Real Estate LLC 2648 W. White Lake Dr. Twin Lake MI 49457 1386 27.72 0.000461074 B
24-205-187-0001-00 833 Pine Jerviss-Fethke Insurance Agency Inc 71 W. Webster Ave. Muskegon MI 49440 3960 316.80 0.001317355 A
24-205-187-0003-00 839 Pine Easter Jones Gill PO BOX 344 Muskegon MI 49443 3960 316.80 0.001317355 A
24-205-187-0005-00 845 Pine Easter Jones Gill PO BOX 344 Muskegon MI 49443 3168 253.44 0.001053884 A
24-205-187-0006-00 849 Pine Easter Jones Gill PO BOX 344 Muskegon MI 49443 2436 194.88 0.000810373 A
24-205-562-0001-00 715 Terrace MOKA Corporation 3391 Merriam St. Muskegon MI 49444 93218.4 3000.00 0.031010526 A
24-205-330-0001-00 835 Terrace Linda & Charles Cihak 835 Terrace St. Muskegon MI 49440 8392 671.36 0.002791727 A
24-205-331-0001-10 877 Terrace Fifth Third Bank 38 Fountain SQ Plaza MS 10ATA1 Cincinnati OH 45263 58695 3000.00 0.019525789 A
24-205-188-0012-00 952 Terrace Swiatek Trust 4778 Russell Rd. Muskegon MI 49445 13860 277.20 0.004610741 B
24-205-188-0011-00 944 Terrace Doom Investments LLC 2034 Lakeshore Dr. Muskegon MI 49441 4620 369.60 0.001536914 A
24-205-188-0004-00 928 Terrace BK Muskegon Properties LCC 4220 Edison Lakes Pkwy Mishawaka IN 46545 46264 3000.00 0.015390427 A
24-205-187-0016-00 908 Terrace Authority Base Value 888 Terrace St. Muskegon MI 49440 1320 105.60 0.000439118 A
24-205-187-0010-00 888 Terrace Hackley Visiting Nurse Services 250 Morris Ave. STE 150 Muskegon MI 49440 46398 3000.00 0.015435004
24-205-176-0001-00 860 Terrace Frontier PO Box 152206 Irving TX 75015 82148.22 3000.00 0.027327861 A
24-205-175-0016-00 820 Terrace CZM Properties LCC 700 Terrace Point Rd. #400 Muskegon MI 49440 11616 929.28 0.00386424 A
24-205-175-0015-00 806 Terrace Riegler Properties LCC 808 Terrace St. Muskegon MI 49440 3780 302.40 0.001257475 A
24-205-175-0010-00 790 Terrace Jack Disselkoen 3315 Real Huston TX 77087 13719 1097.52 0.004563835 A
24-205-329-0001-00 885 Jefferson Hennessy Holdings LLC 1047 Jefferson St. Muskegon MI 49440 17325.6 1386.05 0.005763626 A
24-205-332-0008-00 935 Jefferson Hairitage Properties LLC 1768 Bayview Dr. Muskegon MI 49441 4183 334.64 0.001391539 A
24-205-332-0007-20 943 Jefferson Manuel Morales 2737 Sharon Ct. SW Wyoming MI 49519-2317 4841 387.28 0.001610433 A
24-205-330-0008-00 896 Jefferson 896 Jefferson LLC PO BOX 809 Muskegon MI 49443 8976 718.08 0.002986004 A
24-485-000-0000-00 878 Jefferson Jefferson Professional Condominium 878 Jefferson St. Muskegon MI 49440 36432 2914.56 0.012119662 A
24-205-310-0012-00 880 1st AKNO Enterprises Michigan Muskegon 1622 Langton Place West Vancouver BC, Canada V7S 3H2 24831 1986.48 0.008260412 A
Parcel Address Owner Number Street City State ZIP SF_of_Lot Assessment %_of_Assessed_Properties Class
24-205-563-0006-00 902 3rd Hume Properties LLC 900 3rd St STE 302 Muskegon MI 49440 56437.31 3000.00 0.018774734 A
24-205-351-0007-00 1100 3rd Venture One Management LLC 1100 3rd St. Muskegon MI 49441 8712 696.96 0.00289818 A
24-205-365-0001-00 1144 3rd Bayview Loan Servicing LLC 4425 Ponce DeLeon Blvd. Miami FL 33146 117612 3000.00 0.03912543 A
24-205-379-0011-00 1185 3rd International Auto Group LLC 1185 3rd St. Muskegon MI 49441 17820 1425.60 0.005928095 A
24-205-379-0001-00 1157 3rd S&R KADO LLC 2513 Vista Point Ct. NW Grand Rapids MI 49534 17424 1393.92 0.00579636 A
24-205-367-0011-10 1147 3rd 1145 3rd Street LLC PO BOX 809 Muskegon MI 49443 6228 498.24 0.002071839 A
24-205-367-0011-00 1141 3rd Christian Aguilar 8726 S. Houston Chicago IL 60617 2352 188.16 0.000782429 A
24-205-367-0012-00 1137 3rd Delores Lemke & Kim A. Lemke 1137 3rd St. Muskegon MI 49441 4536 362.88 0.00150897 A
24-205-367-0013-00 1133 3rd J&J Place LLC 1133 3rd St. Muskegon MI 49441 4176 334.08 0.00138921 A
24-205-367-0014-00 1129 3rd Michael A. & Mary J. Burling 3497 MacArthur Rd. Muskegon MI 49442 1386 110.88 0.000461074 A
24-205-367-0015-00 1125 3rd Brad Link 1125 3rd St. Muskegon MI 49441 5805 464.40 0.001931122 A
24-205-367-0016-00 1121 3rd Brad Link 1125 3rd St. Muskegon MI 49441 1584 126.72 0.000526942 A
24-205-367-0001-00 1115 3rd Pioneer Resources INC 601 Terrace St. #100 Muskegon MI 49440 4356 348.48 0.00144909 A
24-605-000-0001-00 939 3rd Parkland Acquisition LLC (Holiday Inn) 75 W. Walton Muskegon MI 49440 67884 3000.00 0.02258265 A
24-205-567-0001-50 955 3rd Parkland Acquisition LLC (Holiday Inn) 75 W. Walton Muskegon MI 49440 69696 0.00 0.02318544 A
24-205-317-0007-00 1208 8th St Michael Jacobson Trust 35 Research Dr. STE 300 Ann Arbor MI 48103 24222 484.44 0.008057819 B
24-205-322-0007-00 1236 8th CMN Enterprises LLC 18193 Yuma Ct. Spring Lake MI 49456 17424 348.48 0.00579636 B
24-205-321-0012-00 1237 8th WWG Holdings LLC 665 W/ Clay Ave. Muskegon MI 49441 13400 268.00 0.004457715 B
24-205-318-0003-00 1250 9th Linda & Leigh Strong (Port City Paint) 2084 Maryland Muskegon MI 49441 21120 422.40 0.007025891 B
24-205-321-0007-00 1288 9th Reliable Towing INC 1288 9th St. Muskegon MI 49441 41758 835.16 0.013891437 B
24-205-556-0001-00 149 Shoreline Hot Rod Harley Davidson 149 Shoreline Dr. Muskegon MI 49440 296454.83 3000.00 0.098620232 B
24-233-000-0007-00 351 W. Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 21714 1737.12 0.007223494 A
24-233-000-0013-00 307 W Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 16477.87 1318.23 0.005481615 A
24-233-000-0014-00 299 W Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 8223.06 657.84 0.002735527 A
24-233-000-0015-00 295 W Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 8213.94 657.12 0.002732493 A
24-233-000-0012-00 325 W Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 7945.21 635.62 0.002643096 A
24-233-000-0024-00 292 W Western Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 42503.25 3000.00 0.014139356 A
24-233-000-0001-00 387 Morris Ave Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 24572 1965.76 0.008174251 A
24-233-000-0002-00 401 Morris Ave Downtown Muskegon Development Corp. 425 W. Western Ave. Suite 200 Muskegon MI 49440 24571.79 1965.74 0.008174182 A
(contigious property = 1 assessment) 3006024.47 125046.74 0.999941443
Assessment Rate
Class A 0.08
Class B 0.02
Downtown Muskegon Business Improvement District
Memo 1
Regarding: Downtown Muskegon BID Meetings/Bylaws
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Overview
Since the City Commission approved the creation of the Downtown Muskegon BID the board has met twice,
April 29, 2015 and May 20, 2015.
The BID Board has received feedback from several different property owners since its creation and as a result
has made some modifications to the originally proposed BID budget, services, assessment, board composition
and property classification.
The recommended BID budget, services and assessment are outlined in the two communications which
accompany this memo. However, the board also wanted to provide some background on the property
classifications which are noted in the assessment communication. Following the recommendation of several
property owners, downtown properties were broken down into four different classifications. They are as follows:
Class “A” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for, or zoned
for commercial, office, retail or other similar activities not listed below
Class “B” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently use for, or zoned
for automotive, industrial or manufacturing
Class “C” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for nonprofit
or religious activities
Class “D” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for, or zoned
for educational or governmental activities.
Based on this classification, a teared assessment structure was developed where Class B Properties
would be assessed at a lower rate than Class A Properties. The rational being, Class B Properties have a
different type of customer than Class A Properties and would not see the full benefit from the BID activities.
The varied assessment seemed like a fair middle ground and received positive feedback from both Class A
and B property owners.
As a result of this property classification, when the City Commission is asked to approve a BID Assessment
each year there will be a note for Class A and Class B property assessments.
It should be noted that the statue does allow for different property classification and to relate that to the
assessment.
Downtown Muskegon Business Improvement District
Communication 2
Regarding: Recommended Assessment 2nd half of 2015
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Recommended Assessment Levels:
At its May 20, 2015 board meeting the Downtown Muskegon BID Board recommended the follow assessment
for downtown properties for the second half of 2015.
It is being recommended that the City Commission approve the following assessment:
- Class A Properties (as defined in the Downtown BID bylaws – see Memo 1), be assessed at a rate of
$0.04 a square foot based on lot size.
- Class B Properties (as defined in the Downtown BID bylaws – see Memo 1) be assessed at a rate of
$0.01 a square foot based on lot size.
- In both cases a minimum annual assessment of $150 per property and a maximum annual assessment
of $1,500 per property would be implemented.
- Contiguous properties with the same owner and same use would be treated as a single property for
determining the maximum assessment.
This is ONLY for 2015. The annual 2016 assessment will be set at the fall 2015 meeting.
If this recommendation is approved, approximately $65,000 would be collected from the special assessment
for 2015.
Downtown Muskegon Business Improvement District
Communication to Muskegon City Commission
Regarding: Downtown Muskegon BID Budget & Assessment
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Overview:
By statute, BIDs in Michigan are able to provide services which maintain common areas, engage in
beautification, business development activities and marketing.
Recommended Services:
It is being recommended that the Downtown Muskegon Business Improvement district provide:
- Summer beautification services within the district that include maintaining flower planters, planting
areas in right of ways and adding downtown banners.
- Common area winter snow removal on sidewalks and public parking areas in the district.
- Marketing of downtown Muskegon with advertising and events. The goal is to increase the local
community’s knowledge of downtown Muskegon businesses, services and activities.
- It is also being recommended that a downtown art fund be established
Budget
It is being recommended that the partial year 2015 Downtown Muskegon BID budget breakdown as follows:
Downtown Beauitification/Enhancements
Spring/Fall Clean-up & Summer Landscaping $ 5,000.00
Holiday Decorating $ 1,000.00
Banners & Directional Signs $ 7,000.00
Snowplowing & Salt $35,000.00
Marketing, Advertising & Development
Advertising/Marketing & Events $ 10,000.00
Art $ 2,000.00
Reserve Funds $3,000.00
Total $ 63,000.00
Downtown Muskegon Business Improvement District
Memo 1
Regarding: Downtown Muskegon BID Meetings/Bylaws
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Overview
Since the City Commission approved the creation of the Downtown Muskegon BID the board has met twice,
April 29, 2015 and May 20, 2015.
The BID Board has received feedback from several different property owners since its creation and as a result
has made some modifications to the originally proposed BID budget, services, assessment, board composition
and property classification.
The recommended BID budget, services and assessment are outlined in the two communications which
accompany this memo. However, the board also wanted to provide some background on the property
classifications which are noted in the assessment communication. Following the recommendation of several
property owners, downtown properties were broken down into four different classifications. They are as follows:
Class “A” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for, or zoned
for commercial, office, retail or other similar activities not listed below
Class “B” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently use for, or zoned
for automotive, industrial or manufacturing
Class “C” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for nonprofit
or religious activities
Class “D” Properties
Properties located within the Downtown Muskegon Business Improvement District which are currently used for, or zoned
for educational or governmental activities.
Based on this classification, a teared assessment structure was developed where Class B Properties
would be assessed at a lower rate than Class A Properties. The rational being, Class B Properties have a
different type of customer than Class A Properties and would not see the full benefit from the BID activities.
The varied assessment seemed like a fair middle ground and received positive feedback from both Class A
and B property owners.
As a result of this property classification, when the City Commission is asked to approve a BID Assessment
each year there will be a note for Class A and Class B property assessments.
It should be noted that the statue does allow for different property classification and to relate that to the
assessment.
Downtown Muskegon Business Improvement District
Communication to Muskegon City Commission
Regarding: Downtown Muskegon BID Budget & Assessment
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Overview:
By statute, BIDs in Michigan are able to provide services which maintain common areas, engage in
beautification, business development activities and marketing.
Recommended Services:
It is being recommended that the Downtown Muskegon Business Improvement district provide:
- Summer beautification services within the district that include maintaining flower planters, planting
areas in right of ways and adding downtown banners.
- Common area winter snow removal on sidewalks and public parking areas in the district.
- Marketing of downtown Muskegon with advertising and events. The goal is to increase the local
community’s knowledge of downtown Muskegon businesses, services and activities.
- It is also being recommended that a downtown art fund be established
Budget
It is being recommended that the partial year 2015 Downtown Muskegon BID budget breakdown as follows:
Downtown Beauitification/Enhancements
Spring/Fall Clean-up & Summer Landscaping $ 5,000.00
Holiday Decorating $ 1,000.00
Banners & Directional Signs $ 7,000.00
Snowplowing & Salt $35,000.00
Marketing, Advertising & Development
Advertising/Marketing & Events $ 10,000.00
Art $ 2,000.00
Reserve Funds $3,000.00
Total $ 63,000.00
Downtown Muskegon Business Improvement District
Communication 2
Regarding: Recommended Assessment 2nd half of 2015
Date: July 14, 2015
To: Mayor Gawron & City Commissioners
From: Downtown Muskegon Business Improvement District Board
Recommended Assessment Levels:
At its May 20, 2015 board meeting the Downtown Muskegon BID Board recommended the follow assessment
for downtown properties for the second half of 2015.
It is being recommended that the City Commission approve the following assessment:
- Class A Properties (as defined in the Downtown BID bylaws – see Memo 1), be assessed at a rate of
$0.04 a square foot based on lot size.
- Class B Properties (as defined in the Downtown BID bylaws – see Memo 1) be assessed at a rate of
$0.01 a square foot based on lot size.
- In both cases a minimum annual assessment of $150 per property and a maximum annual assessment
of $1,500 per property would be implemented.
- Contiguous properties with the same owner and same use would be treated as a single property for
determining the maximum assessment.
This is ONLY for 2015. The annual 2016 assessment will be set at the fall 2015 meeting.
If this recommendation is approved, approximately $65,000 would be collected from the special assessment
for 2015.
Downtown Muskegon Business Improvement District
2016 Assessment
Regarding: Assessment for 2016
Date: August 18, 2015
To: Muskegon City Clerk/City Commission
From: Downtown Muskegon Business Improvement District Board
Overview:
Following a review of requested and needed services within the Downtown Muskegon Business Improvement
District, the BID Board recommends to the Muskegon City Commission the following 1 YEAR assessment be
established for the 2016 calendar year.
2016 Assessment
- “Class A” Properties, as defined in the BID Bylaws, shall be assessed an annual assessment of
$0.08/sf with no assessment to exceed $3,000. Contiguous properties with the same use and same
owner shall be assessed as one property. Property lot size on record with the County Assessor shall be
used in determining the square footage of properties.
o In the instance of a condo property the master dead shall be used in determining the percent of
the assessment that an individual property owner would be assessed.
- “Class B” properties as defined in the BID Bylaws be assessed an annual assessment of $0.02/sf with
no assessment to exceed $3,000. Contiguous properties with the same use and same owner shall be
assessed as one property. Property lot size on record with the County Assessor shall be used in
determining the square footage of properties.
- Based on this assessment structure, approximately $128,500 can expected to be collected for services
to support businesses and property owners within the BID.
(*A budget recommendation & explanation is attached)
- The assessment shall be evenly split into two billings to be due in early and mid-2016.
Assessment Vote:
Member Yes No Abstention Motion/Support Absent
Chair Doug Pollock X
VC Justin Clark X
Bruce Lindstrom X Support
John Riegler X
Gary Post X
Frank Peterson X Motion
Connie Taylor X
Mike Hennessy X
Bob Tarrant X
Downtown Muskegon Business Improvement District
Budget Recommendation & Explanation
Date: October 2015
To: Muskegon City Clerk/City Commission
From: Downtown Muskegon Business Improvement District Board
Budget Recommendation:
Based on a two tier assessment where “Class A” Properties pay $0.08/sf annual and “Class B” Properties pay
$0.02/sf annual the Downtown Muskegon BID can expect to bring in $128,467.36 during 2016. Based on this
Assessment the below budget is recommended.
2016 Downtown Muskegon BID Budget
Downtown Beauitification/Enhancements
Spring/Fall Clean-up & Summer Landscaping $ 16,000.00
Holiday Decorating $ 2,500.00
Banners & Directional Signs $ 7,000.00
Snowplowing & Salt $72,000.00
Marketing, Advertising & Development
Advertising/Marketing & Events $ 24,000.00
Art $ 2,000.00
Reserve Funds $4,967.36
Total $ 128,467.36
Budget Note:
All line items, with the exception of Snowplowing & Salt and Spring/Fall Clean-up & Summer Landscaping,
will be locked and no funds expended until specific board action is taken to release those funds. This is to
ensure proper funds are available for projects.
All unused funds will go into cash reserves.
Budget Explanation:
Downtown Beautification/Enhancements
Spring/Fall Clean-up & Summer Landscaping
The Downtown Muskegon BID will contract with one or more third party landscaping companies to conduct a
spring cleanup of common area planning beds within the BID, and general cleanup of grounds as a result from
winter wear and tear. Summer Landscaping includes the wedding and fertilization of common areas throughout
the BID (grass cutting is done by the city). This line item also includes the planting and maintenance of flower
planters throughout the BID (this item could be completed by a different vendor than the one doing the
landscaping and clean up). Fall clean-up will consist of removal of leaves from the BID district and preparation
of the planning beds for the winter.
Holiday Decorating
Funds in this line item will be used to purchase holiday decorations which can be displayed within the BID.
These could be used to complement existing decorations in Hackley Park or expand displays to other areas of
the BID.
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Banners & Directional Signs
In an effort to support exiting businesses and help downtown visitors navigate downtown, new directional
signage (wayfinding) needs to be updated throughout the BID. Funds in this line item will be used to
update/create wayfinding and used to brand downtown.
Snowplowing & Salt
The BID’s largest line item is dedicated to snowplowing and salt application along sidewalks within the BID
where the majority of the Class A properties are located along portions of W. Western Ave., Clay Ave., Morris
Ave., Terrace St., Jefferson, 1st, 2nd, 3rd, 6th & 7th Streets. Funds will also be used to clear parking areas which
are generally used by the public – specifically the two lots between 2nd and 3rd Streets accessed off of Morris
Ave.
Marketing, Advertising & Development
Advertising/Marketing & Events
In an effort to encourage new and repeat visitors to Downtown Muskegon funds will be dedicated to advertising
Downtown Muskegon within the Muskegon metro area. Advertising will focus on billboards and web based
advertising including, but not limited to, internet based advertising on various local/regional websites and
Facebook. The BID will also look at partnering with existing campaigns and marking efforts to try and leverage
additional exposure for Downtown Muskegon. If possible, based on budget constraints, cable TV and Radio
advertising could also be considered. Print advertising in specific tourism and/or trade based publications could
also be considered based on budget restrictions.
The goal with this advertising and marketing effort is to inform the Greater Muskegon Community about the
various shops, services, restaurants, activities and cultural amenities available in downtown Muskegon.
Portions of this budget will also be used to help create new downtown events or enhance existing events
specifically designed to bring individuals into downtown Muskegon businesses. It is expected that some of
these events will be partnerships with other downtown entities.
Art
A key aspect of a downtown experience is one’s sense of place. A strong sense of place can encourage
visitors to linger and explore longer. One way to achieve this sense of place is with public art. Other downtown
partners, including the Community Foundation for Muskegon County, the City of Muskegon, The Muskegon
Museum of Art (among others) have made a strong commitment to enhancing our downtown’s
public/community art. This can be seen in the historical downtown mural project and the various sculptures
scattered throughout the downtown. This art serves as an additional draw to the downtown.
In an effort to support additional public art within the BID, this line item will be used to create a fund which will
set aside monies each year and used to help create, support and/or enhance public art activities within
downtown Muskegon – monies in this line item do not need to be spent each year. Funds would be distributed
at the discretion of the BID Board with the understanding that the art funded in part or fully by the BID Art Fund
be in free public areas of the downtown and displayed in a way that enhances the downtown experience.
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Commission Meeting Date: November 24, 2015
Date: November 16, 2015
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Midtown Square: Allen Edwin Homes- Contract
Approval
SUMMARY OF REQUEST: Staff has been coordinating with Allen
Edwin Homes to develop plans for Midtown Square (9 homes on
property bounded by Houston, Monroe, Fourth and Fifth). The City
Commission authorized staff to proceed with negotiations with Allen
Edwin at their September 22, 2015 meeting. Those negotiations are now
complete and a contract has been prepared for review and approval.
FINANCIAL IMPACT: The City of Muskegon will be responsible for the
costs associated with building the nine new homes, including realtor
fees. The homes will be sold for the amount necessary to recoup these
costs, or an amount close to the actual costs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the Contract between Allen
Edwin and the City of Muskegon and authorize the Mayor and Clerk to
sign the document and proceed with construction and sale of the
Midtown Square homes.
RESIDENTIAL CONSTRUCTION AGREEMENT
This Agreement is effective on __________________, 2015 (“Effective Date”) between ALLEN
EDWIN HOME BUILDERS, LLC of 2186 E. Centre Avenue, Portage, MI 49002 (“Builder”) and
THE CITY OF MUSKEGON of 933 Terrace Street, Muskegon, MI 49440 (“Owner”) with reference to
the following facts:
Background
Builder and Owner (individually, a “Party” or collectively, “Parties”) agree that Builder shall
construct a single family residence (the “Residence”) for Owner on the terms and conditions set forth in
this Agreement and in the general conditions attached as Exhibit A (“General Conditions”).
The parties agree as follows:
1. Building Site. Owner owns the building site located on the real estate located at
_____________________________________ and legally described on Exhibit B (the “Property”).
Owner has agreed to hire Builder to build the Residence on the Property.
2. The Residence. Builder shall build the Residence in accordance with the plans and
specifications attached as Exhibit C (the “Plans”).
3. Price. The price for constructing the Residence shall be ___________________________
___________________________ Dollars ($___________) (“Price”).
4. Estimated Completion Date. Builder shall commence construction of the Residence within
____ days from the Effective Date (“Commencement Date”). Builder shall complete the Residence
within ____ weeks of the Commencement Date (“Completion Date”).
5. General Conditions. Owner and Builder agree to all of the General Conditions attached to
this Agreement as Exhibit A.
Builder –ALLEN EDWIN HOME
BUILDERS, LLC
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner –THE CITY OF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
EXHIBIT A
GENERAL CONDITIONS
1. Payment of the Price. The Price shall be paid in accordance with the following schedule
(“Payment Schedule”):
a. Foundation installed..............................….... 20% of the Price
b. Mechanicals installed..........................….... 40% of the Price
c. Certificate of Occupancy..................…....... 30% of the Price
d. Completion of Punch List Items………….. 10% of the Price
2. Costs Included in Price. Unless excluded by Section 3 or adjusted as set forth in
Sections 4 or 5, the Price is fixed and includes all cost of labor and materials purchased, including
all sales taxes incurred by Builder, for complete construction of the Residence. Price is not based
on allowances or estimates of costs for items to be added to the Residence. The Price includes:
a. A security system;
b. A new city sidewalk along each side of the Residence with street frontage;
c. Curb cut (Builder may use existing curb cut unless damaged);
d. Sod over the entire front, back and side yards;
e. A street tree;
f. A small landscape package along each side of the Residence with street frontage;
g. Edging and mulch;
h. A decorative wrought iron fence (48”) similar to fences in the neighborhood; and,
i. 5 large stone monuments as depicted on site plan attached as Exhibit D (“Site Plan”).
3. Costs Excluded From Price. Owner shall be responsible for each of the following items
and the cost of each item shall be excluded from the Price and the sole responsibility of Owner:
a. Lot Lines. Prior to the Commencement Date Owner shall own the Property with new
lot lines established as depicted on the Site Plan.
b. Site Preparation. Prior to the Commencement Date, Owner will prepare the Property
for construction of the Residence, including the removal of the following:
i. existing fences;
ii. community garden;
iii. existing sidewalks; and,
iv. debris.
c. Water and Sewer Leads. Owner will provide water and sewer leads to the Residence.
d. Permit and Connection Fees. Owner shall be responsible for any municipal permits,
connection fees, tap fees or assessments, including sewer and water connection fees.
e. Site Variance. Any abnormal site conditions discovered during excavation will be
communicated to Owner along with an estimated cost to proceed with construction.
Examples include such items as buried debris, bad soils, or rear yard drainage constraints.
Any additional site work required will be corrected by Owner unless Owner authorizes
Builder to correct any site variance issues in writing and the appropriate Change Order is
fully executed.
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f. Damaged Curb Cuts. Any damaged curb cuts will either be approved for use or
removed by Owner.
g. Irrigation. Irrigation can be added for $3,000, provided the appropriate Change Order
is fully executed.
h. Future Security System Service Fees. Ongoing monitoring service fees will be the
responsibility of Owner or subsequent owner.
4. Modifications/Extras. No modifications to the Plans (“Modifications”) or requests for
additional construction (“Extras”), the cost of which exceed $200, shall be binding upon either party,
unless the Modifications or Extras are set forth on a written Change Order that is signed by Builder
and Owner in substantially the form as attached Exhibit E (“Change Order”). The Change Order must
provide a detailed description of the Modifications or Extras and the cost or credit to be charged. In
those instances where a Change Order increases or decreases the Price by more than $200 (“Adjusted
Price”), the Adjusted Price shall be paid according to the remaining portion of the Payment Schedule.
5. Minor Modifications. Builder and Owner may from time to time agree on minor
modifications, the cost for which is less than $200 (“Minor Modifications”). Minor Modifications
may only be made by agreement between Builder and Owner, provided such agreement need not be
in writing. The cost or credit for Minor Modifications shall be added to or credited against the Price
and paid according to the remaining portion of the Payment Schedule.
6. Payments, Sworn Statement and Lien Waivers. Payments required by the Payment
Schedule shall be made within 10 days of Builder’s invoice by Owner to Transnation Title Insurance
Company of 570 Seminole, Muskegon, Michigan 49441(the “Title Company”). Builder will deliver
to the Title Company a sworn statement showing all amounts due for labor and materials furnished in
connection with construction of the Residence or other improvements to the Property through the date
of Builder’s invoice together with waivers of lien showing all amounts from any previous draw have
been paid in full. The Title Company shall pay Builder per the Payment Schedule within 2 business
days of approval by the Title Company of the last sworn statement provided proper partial
unconditional waivers of lien from Builder and for each supplier and sub-contractor to whom
payment has been made are received and approved by the Title Company.
7. Possession. Owner shall be entitled to possession of the Residence upon payment of the Price
in full.
8. Extension of Dates. Any date may be extended by agreement of the Builder and Owner and
the Commencement Date and the Completion Date may be extended as a result of circumstances
beyond the control of Builder, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, governmental inspections,
regulations, or permit processes, material back orders, Owner’s requests for Change Orders, fire,
injury or disability to Builder, or weather.
9. Builder's Warranties. Builder shall complete the Residence and all improvements on the
Property timely and in a first class manner. All building materials used in the construction of the
Residence shall be new. Builder guarantees its workmanship for a period of 12 months from the date
of sale or lease of the Residence to a party other than Owner or 24 months from the date of the
Certificate of Occupancy, whichever first occurs (“Warranty Period”). This warranty is fully
transferable by Owner and may be assigned to a 3rd party. Within the Warranty Period, Builder may
replace, at its option, any materials incorporated into the Residence which are defective. To make a
claim under this warranty, Owner or its successor must give Builder written notice of any such defect
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in the workmanship and/or materials promptly upon discovery and not later than expiration of the
Warranty Period. This warranty does not apply to workmanship or materials requiring repair or
replacement because of normal wear and tear, natural settling or mold. Builder shall turn over and
transfer to Owner all manufacturers’ warranties that are delivered directly to Builder by the
manufacturer at the time of final payment by Owner. In addition to this warranty between Builder and
Owner and successors of Owner, Builder shall also provide to Owner and successors of Owner at no
cost to Owner the Ten Year Warranty for New Homes provided by Residential Warranty Company,
LLC attached as Exhibit F (“Long Term Warranty”). Nothing in the Long Term Warranty shall limit
the scope of the warranties provided by Builder to Owner or its successors.
10. Owner's Warranties. Owner covenants and warrants that Owner owns the Property in fee
simple, free and clear of all liens, except for those encumbrances specifically set forth on Exhibit G.
Owner shall provide evidence satisfactory to Builder, such as a commitment for title insurance issued
by the Title Company, which indicates such ownership. Owner shall locate the exact location of the
Residence on the Property. All corners of the Property and the Residence shall be clearly marked
with surveyor stakes. Owner covenants and agrees that such location is in compliance with all
applicable federal, state, and local rules and regulations, including, but not limited to, building
restrictions, set-back requirements and zoning ordinances.
11. License. Builder is a residential builder and a residential maintenance and alteration
contractor and is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as
amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An electrician is
required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections
338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under Act
No. 266 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan
Compiled Laws. Builder is licensed by the State of Michigan as a licensed Michigan Contractor and
maintains its license in good standing. Builder's License number is 2101155717 respectively.
12. Laws, Ordinances and Regulations. In connection with the construction of the Residence,
Builder shall meet and comply with all applicable laws, ordinances, and regulations, including the
Muskegon Historical District rules.
13. Notice of Commencement. Owner shall deliver a Notice of Commencement in accordance
with the Michigan Construction Lien Act within ten days of the Effective Date.
14. Risk of Loss. Until a Certificate of Occupancy is issued for the Residence the risk of loss for
the Residence lies solely with Builder. Builder shall secure the Property and is solely responsible for
site security. Any additional costs incurred due to theft or vandalism shall be the sole expense of
Builder. Provided, Owner shall be solely responsible for building materials on Property and Owner
shall reimburse Builder for the cost of building materials vandalized or stolen from the Property.
15. Insurance. Builder shall procure and maintain an “all risk” insurance policy and shall name
Owner as an additional named insured. Builder shall maintain a policy of builder's insurance fully
insuring the Residence from the date construction commences until the date of substantial
completion. Owner may also maintain a policy of insurance on their interest in the Residence. Builder
shall also carry public liability insurance with coverage limits not less than $1,000,000 single-limit
coverage and worker's compensation insurance in an amount not less than the statutory minimum.
Such policies shall name Owner as an additional named insured. Builder shall provide Owner with
evidence of such insurance upon request. Owner and Builder waive all rights against each other for
damages caused by fire or other perils to the extent covered by insurance provided under this
paragraph.
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16. Diligent Pursuit. Builder shall diligently pursue its obligations under this Agreement.
17. Default. If either Party believes that the other Party has failed to comply with this
Agreement (“Default”), the non-defaulting Party shall provide the Defaulting Party not less than 10
days written notice of such non-compliance, a list of the non-defaulting Party’s specific complaints,
and a reasonable time within which the defaulting Party shall cure the Default (“Default Notice”). If
the defaulting Party fails to cure the Default within the period of time specified in the Default Notice,
the non-defaulting Party may pursue any and all remedies available, including specific performance
in that there may not be an adequate remedy at law. In addition Owner may replace Builder with
another party to complete construction and may deduct from the Price any amount paid by Owner to
such third party to complete construction in accordance with the Plans. In the event either Party takes
any action to enforce this Agreement, the prevailing Party shall reimburse the other Party for all
expenses incurred by the prevailing Party, including attorney fees.
18. Cross Default. Contemporaneously with the execution of this Agreement, Owner and
Builder are entering into 8 similar agreements for the construction of homes similar to the Residence
on each of the 9 lots depicted on the Site Plan (“Other Agreements”). Owner and Builder agree that a
default of this Agreement or any of the Other Agreements shall constitute a default of all Other
Agreements and this Agreement.
19. Dispute Resolution. Any claim or demand of either party arising out of this Agreement,
including without limitation, claims of fraud, misrepresentation, warranty or negligence and that
exceeds $5,500 in value shall be submitted to binding arbitration. The parties shall attempt to agree
on a mutually agreeable independent arbitrator. If the parties are unable to mutually agree on an
arbitrator, and arbitrator shall be selected in accordance with the rules of the American Arbitration
Association. The arbitration shall be conducted in accordance with the rules of the American
Arbitration Association, Home Construction Arbitration Rules and Mediation Procedures. A Circuit
Court judgment may render judgment upon the award made pursuant to this Agreement. This
Agreement is specifically made subject to and incorporates the provisions of the Michigan Arbitration
Act, MCL 600.5001 et seq. The cost of such arbitration shall be divided equally between both
parties. Neither Party shall be required to submit to arbitration any claim or demand of a value less
than $5,500.
20. Miscellaneous.
a. Authority to Bind Owner. No approval, agreement or consent and no document
signed in connection with this Agreement shall be binding on Owner unless made, given or
signed by Frank Peterson, Cathy Brubaker-Clarke, or Derrick Smith.
b. Applicable Law. This Agreement is executed in, shall be governed by, and construed
and interpreted in accordance with the laws of the State of Michigan.
c. Entire Agreement. This writing shall constitute the entire Agreement, and shall
supersede any other Agreements, written or oral, that may have been made or entered into by the
parties with respect to the subject matter hereof, and shall not be modified or amended, except in
a subsequent writing signed by the party against whom enforcement thereof is sought.
d. Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their respective legal representatives, successors, assigns, officers,
directors, employees, agents, heirs, executors, and administrators.
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e. Full Execution. This Agreement requires the signature of both parties. Until fully
executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and
if not fully executed, this Agreement is void.
f. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original as against any party whose signature appears thereon, and all
of which together shall constitute one and the same instrument. This Agreement shall become
binding upon the parties when one or more counterparts, individually or taken together, shall bear
the signatures of all parties.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of such provision on any other occasion or a waiver by such
party of any other provision of the Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions shall not in any way be impaired or affected.
i. No Discrimination. Discrimination on the basis of religion, race, creed, color,
national origin, age, sex, marital status, or handicapped condition by either party in respect to the
construction of the Residence is prohibited.
j. Assignment or Delegation. Neither Builder nor Owner may assign all or any part of
this Agreement. Provided, that Builder may delegate all or any part of its obligations to perform
the services under this Agreement, to any persons or entities that Builder, in its sole discretion,
deems appropriate, including sub-contractors. Such delegation shall be at the sole expense of
Builder unless otherwise provided.
k. Notices. Any notices required or permitted to be given under this Agreement must be
in writing and sent to the address shown below (or such subsequent address as may be designated
by either party in writing) by certified mail, return receipt requested and postage prepaid, a
recognized courier service (Federal Express, UPS, or DHL), or by email with confirmation of
delivery received. The notice will be effective upon receipt.
To Builder:
Allen Edwin Home Builders
2186 E. Centre Avenue
Portage, MI 49002
Attn: Scott Sanderson
To Owner:
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon, MI 49443-0536
Attn: Cathy Brubaker-Clarke
Phone: 231-724-6702
Fax: 231-724-6790
E-mail: [email protected]
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With a contemporaneous copy to:
Parmenter O'Toole
601 Terrace Street
P.O. Box 786
Muskegon, Michigan 49443-0786
Attn: Michelle R. Landis
Phone: 231-722-5403
Fax: 231-722-5503
Email: [email protected]
l. Time is of the Essence. Builder and Owner acknowledge and agree that the time
related provisions set forth herein are critical and essential terms of this Agreement and that time
is of the essence with regard to the transactions contemplated in this Agreement. Failure to
strictly comply with the time related provisions of this Agreement will be considered a breach of
the entire Agreement.
m. Pronouns. For convenience, Owner has been referred to this Agreement sometimes in
the singular and at other times in the plural.
n. Notice of Sale or Lease. Upon the sale or lease of the Residence by Owner to a third
party, Owner shall provide notice to Builder of such sale or lease and provide builder with all
contact information for the buyer/tenant, including a phone number and an email address.
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EXHIBIT B
LEGAL DESCRIPTION
PARCEL A:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: BEGINNING AT POINT A, ALSO BEING THE NORTHWEST
CORNER OF SAID BLOCK 368, FOR THE POINT OF BEGINNING; THENCE NORTH 51
DEGREES 42 MINUTES 58 SECONDS EAST ALONG THE NORTHERN LINE OF BLOCK 368, A
DISTANCE OF 51.78 FEET; THENCE SOUTH 37 DEGREES 53 MINUTES 21 SECONDS EAST, A
DISTANCE OF 143.16 FEET TO THE CENTERLINE OF A VACATED ALLEY (LIBER 1187, PAGE
532); THENCE SOUTH 51 DEGREES 43 MINUTES 29 SECONDS WEST, ALONG SAID
CENTERLINE, A DISTANCE OF 51.78 FEET TO THE WESTERLY LINE OF BLOCK 368; THENCE
NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, ALONG SAID WESTERLY LINE, A
DISTANCE OF 143.16 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 7,412 SQUARE FEET OR 0.17 ACRES, MORE OR LESS.
PARCEL B:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT A, ALSO BEING THE NORTHWEST
CORNER OF SAID BLOCK 368, THENCE NORTH 51 DEGREES 42 MINUTES 58 SECONDS
EAST ALONG THE NORTHERN LINE OF BLOCK 368, A DISTANCE OF 51.78 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 51 DEGREES 42 MINUTES 58 SECONDS
EAST ALONG SAID LINE, A DISTANCE OF 60.00 FEET; THENCE SOUTH 37 DEGREES 53
MINUTES 21 SECONDS EAST, A DISTANCE OF 143.17 FEET TO THE CENTERLINE OF A
VACATED ALLEY (LIBER 1187, PAGE 532); THENCE SOUTH 51 DEGREES 43 MINUTES 29
SECONDS WEST, ALONG SAID CENTERLINE, A DISTANCE OF 60.00 FEET; THENCE NORTH
37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.16 FEET TO THE
NORTHERN LINE OF BLOCK 368 AND THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 8,590 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
PARCEL C:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT A, THENCE NORTH 51 DEGREES 42
MINUTES 58 SECONDS EAST ALONG THE NORTHERN LINE OF BLOCK 368, A DISTANCE OF
111.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 51 DEGREES 42
MINUTES 58 SECONDS EAST ALONG SAID LINE, A DISTANCE OF 68.00 FEET; THENCE
SOUTH 37 DEGREES 53 MINUTES 21 SECONDS EAST, A DISTANCE OF 143.18 FEET TO THE
CENTERLINE OF A VACATED ALLEY (LIBER 1187, PAGE 532); THENCE SOUTH 51 DEGREES
43 MINUTES 29 SECONDS WEST, ALONG SAID CENTERLINE, A DISTANCE OF 68.00 FEET;
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.17
FEET TO THE NORTHERN LINE OF BLOCK 368 AND THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 9,736 SQUARE FEET OR 0.22 ACRES, MORE OR LESS.
PARCEL D:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT A, ALSO BEING THE NORTHWEST
CORNER OF SAID BLOCK 368, THENCE NORTH 51 DEGREES 42 MINUTES 58 SECONDS
EAST ALONG THE NORTHERN LINE OF BLOCK 368, A DISTANCE OF 179.78 FEET, TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 51 DEGREES 42 MINUTES 58 SECONDS
EAST ALONG SAID LINE, A DISTANCE OF 60.00 FEET; THENCE SOUTH 37 DEGREES 53
MINUTES 21 SECONDS EAST, A DISTANCE OF 143.19 FEET TO THE CENTERLINE OF A
VACATED ALLEY (LIBER 1187, PAGE 532); THENCE SOUTH 51 DEGREES 43 MINUTES 29
SECONDS WEST, ALONG SAID CENTERLINE, A DISTANCE OF 60.00 FEET; THENCE NORTH
37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.18 FEET TO THE
NORTHERN LINE OF BLOCK 368 AND THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 8,591 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
PARCEL E:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT B, SAID POINT BEING THE
SOUTHWEST CORNER OF BLOCK 368, ALSO THE POINT OF BEGINNING; THENCE NORTH 37
DEGREES 53 MINUTES 21 SECONDS WEST ALONG THE SOUTHWESTERN LINE OF BLOCK
368, A DISTANCE OF 143.15 FEET TO THE CENTERLINE OF A VACATED ALLEY (LIBER 1187,
PAGE 532); THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID
CENTERLINE, A DISTANCE OF 67.36 FEET; THENCE SOUTH 37 DEGREES 53 MINUTES 21
SECONDS EAST, A DISTANCE OF 143.17 FEET TO THE SOUTHERN LINE OF BLOCK 368;
THENCE SOUTH 51 DEGREES 44 MINUTES 00 SECONDS WEST ALONG SAID SOUTHERN
LINE, A DISTANCE OF 67.36 FEET TO THE SOUTHWEST CORNER OF BLOCK 368 AND THE
POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 9,642 SQUARE FEET OR 0.22 ACRES, MORE OR LESS.
PARCEL F:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT B, SAID POINT BEING THE
SOUTHWEST CORNER OF BLOCK 368; THENCE NORTH 51 DEGREES 44 MINUTES 00
SECONDS EAST, ALONG THE SOUTHERN LINE OF BLOCK 368, A DISTANCE OF 67.36 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS
WEST, A DISTANCE OF 143.17 FEET TO THE CENTERLINE OF A VACATED ALLEY (LIBER
1187, PAGE 532); THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG
SAID CENTERLINE, A DISTANCE OF 60.00 FEET; THENCE SOUTH 37 DEGREES 53 MINUTES
21 SECONDS EAST, A DISTANCE OF 143.18 FEET TO THE SOUTHERN LINE OF BLOCK 368;
THENCE SOUTH 51 DEGREES 44 MINUTES 00 SECONDS WEST ALONG SAID SOUTHERN
LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC
UTILITIES OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE
OF A CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER
OF BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF
1903, THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF
143.15 FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF
BEGINNING; THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID
CENTERLINE, A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 8,590 SQUARE FEET OR 0.20 ACRES, MORE OR LESS.
PARCEL G:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 08DESCRIBED AS: COMMENCING AT POINT B, SAID POINT BEING THE
SOUTHWEST CORNER OF BLOCK 368; THENCE NORTH 51 DEGREES 44 MINUTES 00
SECONDS EAST, ALONG THE SOUTHERN LINE OF BLOCK 368, A DISTANCE OF 127.36 FEET
TO THE POINT OF BEGINNING, THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS
WEST, A DISTANCE OF 143.18 FEET TO THE CENTERLINE OF A VACATED ALLEY (LIBER
1187, PAGE 532); THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG
SAID CENTERLINE, A DISTANCE OF 75.00 FEET; THENCE SOUTH 37 DEGREES 53 MINUTES
21 SECONDS EAST, A DISTANCE OF 143.19 FEET TO THE SOUTHERN LINE OF BLOCK 368;
THENCE SOUTH 51 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG SAID SOUTHERN
LINE, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 10,739 SQUARE FEET OR 0.25 ACRES, MORE OR LESS.
PARCEL H:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT B, SAID POINT BEING THE
SOUTHWEST CORNER OF BLOCK 368; THENCE NORTH 51 DEGREES 44 MINUTES 00
SECONDS EAST, ALONG THE SOUTHERN LINE OF BLOCK 368, A DISTANCE OF 202.36 FEET
TO THE POINT OF BEGINNING, THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS
WEST, A DISTANCE OF 143.19 FEET TO THE CENTERLINE OF A VACATED ALLEY (LIBER
1187, PAGE 532); THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG
SAID CENTERLINE, A DISTANCE OF 37.42 FEET; THENCE SOUTH 37 DEGREES 53 MINUTES
21 SECONDS EAST, A DISTANCE OF 10.00 FEET TO THE SOUTHERLY LINE OF SAID
VACATED ALLEY; THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG
SAID SOUTHERLY LINE, A DISTANCE OF 22.58 FEET; THENCE SOUTH 37 DEGREES 53
MINUTES 21 SECONDS EAST, A DISTANCE OF 133.20 FEET TO THE SOUTHERN LINE OF
BLOCK 368; THENCE SOUTH 51 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG SAID
SOUTHERN LINE, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 8,366 SQUARE FEET OR 0.19 ACRES, MORE OR LESS.
PARCEL I:
CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903, PART OF
BLOCK 368 DESCRIBED AS: COMMENCING AT POINT B, SAID POINT BEING THE
SOUTHWEST CORNER OF BLOCK 368; THENCE NORTH 51 DEGREES 44 MINUTES 00
SECONDS EAST, ALONG THE SOUTHERN LINE OF BLOCK 368, A DISTANCE OF 262.36 FEET
TO THE POINT OF BEGINNING, THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS
WEST, A DISTANCE OF 133.20 FEET TO THE SOUTHERLY LINE OF A VACATED ALLEY
(LIBER 1187, PAGE 532); THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST,
ALONG SAID SOUTHERLY LINE, A DISTANCE OF 70.18 FEET; THENCE SOUTH 37 DEGREES
48 MINUTES 44 SECONDS EAST, A DISTANCE OF 133.21 FEET TO THE SOUTHERN LINE OF
BLOCK 368; THENCE SOUTH 51 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG SAID
SOUTHERN LINE, A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH AND SUBJECT TO A NON-BUILDABLE EASEMENT FOR PUBIC UTILITIES
OVER THE VACATED ALLEY (LIBER 1187, PAGE 532), BEING 10 FEET EITHER SIDE OF A
CENTERLINE WHICH IS DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER OF
BLOCK 368, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, REVISED PLAT OF 1903,
THENCE NORTH 37 DEGREES 53 MINUTES 21 SECONDS WEST, A DISTANCE OF 143.15
FEET TO THE CENTERLINE OF SAID VACATED ALLEY AND THE POINT OF BEGINNING;
THENCE NORTH 51 DEGREES 43 MINUTES 29 SECONDS EAST, ALONG SAID CENTERLINE,
A DISTANCE OF 399.09 FEET TO THE POINT OF ENDING.
THE ABOVE-DESCRIBED EASEMENT PARCEL SHALL NOT BE ALTERED, CHANGED OR
RESTRICTED IN ANY MANNER WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY OF
MUSKEGON.
SAID PARCEL CONTAINS 9,336 SQUARE FEET OR 0.21 ACRES, MORE OR LESS.
EXHIBIT C
PLANS AND SPECIFICATIONS
EXHIBIT D
SITE PLAN
EXHIBIT E
CHANGE ORDERS
Owner has requested, and Builder agrees to the following Modifications to the Plans with the
cost/credit set forth below:
MODIFICATION COST CREDIT ADJUSTED PRICE
Builder - ALLEN EDWIN HOME
BUILDERS, LLC
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
Owner – THE CITYOF MUSKEGON
By: ________________________________
Name: ________________________________
Title: ________________________________
Date: ________________________________
CHANGE ORDER Quote: C0158
Allen Edwin Homes
ALL CHANGE ORDERS REQUIRE $200 FOR PROCESSING AT TIME OF REQUEST
Buyer Information
Buyer Name: City of Muskegon Date: 10/29/15
Community: City of Muskegon - COM Lot#:
Floorplan: Elevation:
Sales Counselor: Date Approved:
Description of Change
(Attach drawings or sketches for any structural requests)
Structural Non-Structural Lot/Tree Clearing
Scope of Work Price
COM 001: Add 16 Windows ($150 each) $ 2,400.00
COM 002: Add 15 Windows ($150 each) $ 2,250.00
COM 003: Add 25 Windows ($150 each) $ 3,750.00
COM 004: Add 17 Windows ($150 each) $ 2,550.00
COM 005: Add 9 Windows ($150 each) $ 1,350.00
COM 006: Add 11 Windows ($150 each) $ 1,650.00
COM 007: Add 15 Windows ($150 each) $ 2,250.00
COM 008: Add 17 Windows ($150 each) $ 2,550.00
COM 009: Add 12 Windows ($150 each) $ 1,800.00
COM 001: Fence Credit -$ 3,000.00
COM 002: Fence Credit -$ 3,000.00
COM 003: Fence Credit -$ 3,000.00
COM 004: Fence Credit -$ 3,000.00
COM 005: Fence Credit -$ 3,000.00
COM 006: Fence Credit -$ 3,000.00
COM 007: Fence Credit -$ 3,000.00
COM 008: Fence Credit -$ 3,000.00
COM 009: Fence Credit -$ 3,000.00
Total Cost of Changes -$ 6,450.00
Customer Apprvoval Date
CHANGE ORDER Quote: C0169
Allen Edwin Homes
ALL CHANGE ORDERS REQUIRE $200 FOR PROCESSING AT TIME OF REQUEST
Buyer Information
Buyer Name: City of Muskegon Date: 11/19/15
Community: City of Muskegon - COM Lot#:
Floorplan: Elevation:
Sales Counselor: Date Approved:
Description of Change
(Attach drawings or sketches for any structural requests)
Structural Non-Structural Lot/Tree Clearing
Scope of Work Price
COM 001: Landscaping and Sod Credit -$ 5,000.00
COM 002: Landscaping and Sod Credit -$ 5,000.00
COM 003: Landscaping and Sod Credit -$ 5,000.00
COM 004: Landscaping and Sod Credit -$ 5,000.00
COM 005: Landscaping and Sod Credit -$ 5,000.00
COM 006: Landscaping and Sod Credit -$ 5,000.00
COM 007: Landscaping and Sod Credit -$ 5,000.00
COM 008: Landscaping and Sod Credit -$ 5,000.00
COM 009: Landscaping and Sod Credit -$ 5,000.00
Total Cost of Changes -$ 45,000.00
Customer Apprvoval Date
EXHIBIT F
LONG TERM WARRANTY
EXHIBIT G
PERMITTED ENCUMBRANCES
__________________________________
RESIDENTIAL CONSTRUCTION AGREEMENT
OWNER
THE CITY OF MUSKEGON
BUILDER
ALLEN EDWIN HOME BUILDERS, LLC