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CITY OF MUSKEGON CITY COMMISSION MEETING MAY 27, 2008 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA o CALL TO ORDER: o PRAYER: o PLEDGE OF ALLEGIANCE: o ROLL CALL: o HONORS AND AWARDS: o INTRODUCTIONS/PRESENTATION: o CONSENT AGENDA: A. Approval of Minutes. CITY CLERK B. 2008-2009 Michigan Municipal League Membership Dues. CITY CLERK C. Fireworks Display Permit for Muskegon Country Club, 2801 Lakeshore. CITY CLERK D. Vacation of East/West Alley and Southerly 60 feet of the North/South Alley Bounded by Ray, Laketon, Getty and Holbrook. PLANNING & ECONOMIC DEVELOPMENT E. MDNR Central Reservation System Contract Extension. PUBLIC WORKS F. Construction Engineering Services for Drainage Facility at West Branch of Ruddiman Creek and Vacated Greenwood Street. ENGINEERING G. Acceptance of an Easement from Sherman/Buckner LLC. ENGINEERING H. Resurfacing of Western Avenue between Third and Terrace. ENGINEERING I. Consideration of Bids for Bike Path along Lakeshore Drive, Cottage Grove to McCracken. ENGINEERING J. Consideration of Bids for Sewer Replacement and Lining in the Alley between Crowley, Henry, Windsor, and Young. ENGINEERING K. Consideration of Bids for Jiroch, Southern to Irwin; Dale. Peck to Sanford: and Seventh Street, Muskegon to Webster. ENGINEERING L. Consideration of Bids for Beidler Street, Laketon to Southern. ENGINEERING M. Acceptance of an Easement from Betten. ENGINEERING N. Consumers Energy Grant/Muskegon Unity Academic Olympics. COMMUNITY & NEIGHBORHOOD SERVICES 0. First Quarter 2008 Budget Reforecast. FINANCE o PUBLIC HEARINGS: A. Resolution Revoking the Industrial Facilities Exemption Certificate for Beckstrom Mold Technologies. PLANNING & ECONOMIC DEVELOPMENT o COMMUNICATIONS: o CITY MANAGER'S REPORT: o UNFINISHED BUSINESS: o NEW BUSINESS: A. Resolution to Sell 237 E. Walton. COMMUNITY & NEIGHBORHOOD SERVICES DEPARTMENT B. Rezoning Request for Property Located at 381 E. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT C. Resolution Approving Michigan Department of Transportation Grant Application. PLANNING & ECONOMIC DEVELOPMENT D. Downtown Development Authority On-Premise Liquor License for Muskegon Athletic Club. PLANNING & ECONOMIC DEVELOPMENT E. Special Events Multiple Liquor License Requests. LEISURE SERVICES F. Michigan Irish Music Festival Request for Exclusive Peddling and Selling Rights During the Festival. LEISURE SERVICES G. Third Street Sculpture Agreement. CITY MANAGER H. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the following: PUBLIC SAFETY 1752 Beach 371 Houston - Area 10 o ANY OTHER BUSINESS: o CLOSED SESSION: To discuss pending litigation. o 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 lhe agenda or located in the back of the room. ► Submit the form to the Cily 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 wifh City Clerk.) o ADJOURNMENT: ADA POLICY: THE CJTY 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 BECl<ER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724·4172. Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Approval of Minutes SUMMARY OF REQUEST: To approve minutes for the May 1ih Commission Worksession, and the May 13th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING MAY 27, 2008 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 27, 2008. Mayor Warmington opened the meeting with a prayer from Pastor Lowell Anderson from the Central Assembly of God after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington, Vice Mayor Stephen Gawron, Commissioners Chris Carter, Clara Shepherd, Lawrence Spataro, Sue Wierengo, and Steve Wisneski, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Ann Marie Becker 2008-45 CONSENT AGENDA: A. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve minutes for the May 12th Commission Worksession, and the May l 3th Regular Commission Meeting. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. B. 2008-2009 Michigan Municipal League Membership Dues. CITY CLERK SUMMARY OF REQUEST: Approval to pay the 2008-2009 MML dues in the amount of $9,855. FINANCIAL IMPACT: MML Dues $8,078 Environmental Assessment $ 969 Legal Defense Fund $ 808 Total $9,855 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. C. Fireworks Display Permit for Muskegon Country Club, 2801 Lakeshore. CITY CLERK SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for July 4, 2008, at the Muskegon Country Club. The insurance coverage has been approved and Fire Marshall Metcalf will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. D. Vacation of East/West Alley and Southerly 60 feet of the North/South Alley Bounded by Ray, Laketon, Getty and Holbrook. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request for vacation of the East/West section of the alley and the Southerly 60 feet of the North/South section of the alley in the City of Muskegon's Westerman's Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street, and Holbrook Avenue. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends vacation of the alley with the condition that all utility easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation of the alley at their May 15, 2008, meeting, with the condition that all utility easement rights be retained. The vote was unanimous with T. Harryman, T. Michalski, J. Aslakson, and B. Smith absent. E. MDNR Central Reservation System Contract Extension. PUBLIC WORKS SUMMARY OF REQUEST: To approve the renewal of the Michigan Department of Natural Resource's Central Reservation System contract between the City of Muskegon's Hartshorn Marina and the MDNR. The MDNR Central Reservation System, whereby a transient boater can make a reservation in advance, collects Transient Boat Slip Payments which are then paid to the City. The contract would remain in effect through October 3 l, 2015. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the contract and authorize the Mayor and City Clerk to sign four copies. F. Construction Engineering Services for Drainage Facility at West Branch of Ruddiman Creek and Vacated Greenwood Street. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering services agreement with Prein & Newhof to perform the inspection and staking to replace the existing culver at the westerly branch of Ruddiman Creek at the vacated Greenwood Street. The $14,919.10 of not to exceed fee will be shared between the cities of Norton Shores, Roosevelt Park and the City of Muskegon based on a previously established percentage. Prein & Newhof is being recommended due to the reasonable fee proposal as well as their familiarity in the project since they were the design engineers. FINANCIAL IMPACT: The City share of the fee, which is about $5,520 (37%). BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to enter into a construction engineering services agreement with Prein & Newhof. G. Acceptance of an Easement from Sherman/Buckner LLC. ENGINEERING SUMMARY OF REQUEST: Accept a storm sewer easement from Sherman/Buckner LLC to replace and maintain a storm sewer culvert at the west branch of Ruddiman Creek north of Sherman Blvd. and authorize the Mayor and Clerk to sign the easement documents and direct staff to record said easement. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Accept easement and direct staff to record. I. Consideration of Bids for Bike Path along Lakeshore Drive, Cottage Grove to McCracken. ENGINEERING SUMMARY OF REQUEST: Award the bike path construction/stripping contract to C & L Trucking out of Iona since they were the lowest responsible bidder with a total bid price of $93,412.18. FINANCIAL IMPACT: The construction cost of $93,412.18 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to C & L Trucking. J. Consideration of Bids for Sewer Replacement and Lining in the Alley between Crowley, Henry, Windsor, and Young. ENGINEERING SUMMARY OF REQUEST: Award the sewer replacement/lining contract within the referenced alley to Kamminga & Roodvoets out of Grand Rapids since they were the lowest responsible bidder with a total bid price of $88,110. FINANCIAL IMPACT: The construction cost of $88,110 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Kamminga & Roodvoets. K. Consideration of Bids for Jiroch, Southern to Irwin: Dale, Peck to Sanford: and Seventh Street, Muskegon to Webster. ENGINEERING SUMMARY OF REQUEST: Award the Jiroch, Dale, and Seventh Streets construction contract to Milbocker & Sons out of Allegan since they were the lowest responsible bidder with a total bid price of $495,786.70. FINANCIAL IMPACT: The construction cost of $495,786.70 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Milbocker & Sons. M. Acceptance of an Easement from Betten. ENGINEERING SUMMARY OF REQUEST: Accept a sanitary sewer easement from Betten within which the existing sanitary sewer line will be relocated as part of the Betten development on the east side of Henry Street. Furthermore, if acceptable, direct staff to record said easement. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Accept easement and direct staff to record. N. Consumers Energy Grant/Muskegon Unity Academic Olympics. COMMUNITY & NEIGHBORHOOD SERVICES SUMMARY OF REQUEST: To approve for the Mayor and the City Manager to sign the grant application to the Consumers Energy Foundation for assistance with the proposed First Annual Muskegon Unity Academic Olympics for students in grades K through 8 with strong emphasis on students who attend Muskegon Public Schools. In partnership with the Muskegon Public Schools, the CNS office, along with several other community stakeholders, is proposing to sponsor an academic competition for Muskegon Public School students in grades K through 8. The competition will be designed to be interactive, as well as educational, with emphasis in the four disciplines: math, language, social studies and mechanical/technology. It is hoped that this event will be a primer for the MEAP test that students will be required to take in September, upon returning to school. The event is scheduled to take place in August, if the necessary funds are raised. This event is hoped to be an illustration on how the community can come together with our different resources to improve and showcase the educational achievements of our young people. The CNS office has obtained confirmed financial commitments from Community Shores Bank, Mercy General Hospital and the Muskegon Community Foundation. In addition, Michigan State Extension and the Muskegon County Family Court have also expressed their support. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the CNS office request. O. First Quarter 2008 Budget Reforecast. FINANCE SUMMARY OF REQUEST: At this time staff is requesting approval of the First Quarter 2008 Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated economic conditions, or other factors. FINANCIAL IMPACT: The biggest change is an adjustment of projected income tax revenues from $6.9 million to $7.2 million. This upward adjustment is based on an analysis of recent collection history and allows us to eliminate from the 2008 budget the projected transfer of $300,000 from the Budget Stabilization fund. Other revenue items are generally on target with projections as are most operating budgets. We are, of course, hopeful that the Governor's proposal to increase revenue sharing by four percent is successful. This would impact the last three payments (of six) for the City's 2008 fiscal year. Significantly, employee healthcare coverage was renewed at a 6% increase which is within our budget projection. Aside from income tax, the other significant changes to the 2008 budget included in the first quarter reforecast are in the area of capital improvements. Most of these changes reflect the reallocation of costs due to failed/withdrawn special assessment projects. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: Adopt the Budget Reforecast as previously submitted by staff. Motion by Vice Mayor Gawron, second by Commissioner Carter to approve the Consent Agenda as presented minus items H and L. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES 2008-46 ITEMS REMOVED FROM THE CONSENT AGENDA: H. Resurfacing of Western Avenue between Third and Terrace. ENGINEERING SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Fleis & Vandenbrink (Engineer) and Milbocker & Sons (Contractor) to share in the cost of the milling and resurfacing of Western Avenue between Third and Terrace in an effort to remove the unexplained edge cracking which was discovered shortly after the initial pavement. Under this proposal, the City will contribute 25% of the estimated $53,000 cost. After over a year of evaluation, no one appears to understand the cause of the pavement failure; but all recognize the need to participate in the corrective measure being proposed. FINANCIAL IMPACT: The City share of the estimated cost is $13,250. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to enter into an agreement with the contractor and engineer to perform the repairs. Motion by Commissioner Carter, second by Commissioner Wierengo to approve the resurfacing of Western Avenue between Second and Terrace. ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES L. Consideration of Bids for Beidler Street, Laketon to Southern. ENGINEERING SUMMARY OF REQUEST: Award the Beidler construction contract to Milbocker & Sons out of Allegan since they were the lowest responsible bidder with a total bid price of $520,531.21. FINANCIAL IMPACT: The construction cost of $520,531.21 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Milbocker & Sons. Motion by Commissioner Shepherd, second by Commissioner Wierengo to award the bid for Beidler Street, Laketon to Southern to Jackson Merkey for a bid of $525,860. Motion by Commissioner Spataro, second by Vice Mayor Gawron to table the consideration of bids for Beidler Street, Laketon to Southern to the next City Commission Meeting. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd Nays: None MOTION TO TABLE PASSES 2008-47 PUBLIC HEARINGS: A. Resolution Revoking the Industrial Facilities Exemption Certificate for Beckstrom Mold Technologies. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Pursuant to Public Act l 98 of l 97 4, as amended, the City of Muskegon requests that the real property component of the Industrial Facilities Exemption Certificate issued to Beckstrom Mold Technologies be revoked due to delinquent taxes. The certificate was issued in l 997 and gave the company a six-year exemption on personal property and a twelve-year exemption on real property. FINANCIAL IMPACT: The Company will reimburse the abated taxes. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the real property component of IFT certificate No. 97-407. The public hearing opened to hear and consider any comments from the public. No comments were made. Motion by Commissioner Carter, second by Commissioner Wierengo to close the public hearing and approve the resolution revoking the Industrial Facilities Exemption Certificate for Beckstrom Mold Technologies. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None MOTION PASSES 2008-48 NEW BUSINESS: A. Resolution to Sell 237 E. Walton. COMMUNITY & NEIGHBORHOOD SERVICES DEPARTMENT SUMMARY OF REQUEST: To approve the resolution to sell the City-owned home at 237 E. Walton to Ms, Kaitlin McDonald of l 021 Tisdale Avenue, Lansing, Ml, for the price of $89,500, in addition to the affordability price based on the appraised value. The home at 237 E. Walton was built by the City of Muskegon through the Walton Street Renaissance aka Hilltop View project. The development consists of six new single-family homes that were built in a previously abandoned, vacant old urban renewal area. The purchase of this home will complete this development with all owner-occupied residences. The sale of this property will allow CNS to pay off a loan obtained by our CHOO, Neighborhood Investment Corp. The loan financed the construction of the street that runs from Murphy to Emerald on Walton. FINANCIAL IMPACT: The Program Income from the project will be deposited in the City's HOME account after subtraction of $60,000 for the payoff of the loan from Fifth third Bank. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and sale of 237 E. Walton to Ms. Kaitlin McDonald. COMMITTEE RECOMMENDATION: Both the Land Utilization Committee and the City Commission approved the initial Walton Street Development. Motion by Commissioner Shepherd, second by Vice Mayor Gawron to approve the resolution and sale of 237 E. Walton to Ms Kaitlin McDonald for the price of $89,500. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION PASSES B. Rezoning Request for Property Located at 381 E. Laketon Avenue. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: Request to rezone property located at 381 E. Laketon Avenue from B-2, Convenience and Comparison Business to B-4, General Business. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map, Master Land Use Plan and zoning district intent. COMMITTEE RECOMMENDATION: The Planning Commission voted to recommend denial of the request at their May 15, 2008, meeting. The motion passed by a 4- l margin, with S. Warmington opposed to the denial. T. Harryman, J. Aslakson, T. Michalski, and B. Smith were absent. Motion by Commissioner Spataro, second by Vice Mayor Gawron to deny the request to rezone property located at 381 E. Laketon Avenue. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES C. Resolution Approving Michigan Department of Transportation Grant Application. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the request to submit the grant application to the Michigan Department of Transportation for the Lakeside Business District enhancements. Improvements include traffic calming measures, beautification, signage, and environmental mitigation. This transportation plan was initially created by the Sidock Group as a donation to the Lakeside Business District. Commission passed a resolution in 2006 to pursue the enhancements in the plan, but to follow the suggestions made in Bob Kuhn's letter. Staff has adjusted the plan accordingly to follow Mr. Kuhn's suggestions and to meet the grant guidelines. FINANCIAL IMPACT: Improvements to the area could result in a more vibrant commercial district. BUDGET ACTION REQUIRED: The grant requires a 20% match. The total project cost is estimated to be $179,564, resulting in a $31,098 match from the City. STAFF RECOMMENDATION: To approve the request and sign the resolution. Motion by Vice Mayor Gawron, second by Commissioner Wisneski to approve the request to submit the grant application to the Michigan Department of Transportation for the Lakeside Business District enhancements. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES D. Downtown Development Authority On-Premise Liquor License for Muskegon Athletic Club. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the resolution approving a Downtown Development Authority On-Premise Liquor License for the Muskegon Athletic Club. The Liquor Control Code allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. FINANCIAL IMPACT: Approval of the Liquor License will allow for a new restaurant in the downtown area which should result in increased revenue for the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution. Motion by Commissioner Spataro, second by Commissioner Wisneski to approve the resolution for a Downtown Development Authority On-Premise Liquor License for the Muskegon Athletic Club. ROLL VOTE: Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington Nays: None MOTION PASSES E. Special Events Multiple Liquor License Requests. LEISURE SERVICES SUMMARY OF REQUEST: The following organizations are requesting a temporary liquor license or an extension of their liquor license: • The Muskegon Fraternal Order of Eagles (Aerie 668) is requesting a extension of their current liquor license to be able to serve non-members during the Muskegon Summer Celebration (June 27th through July 61h ). The following temporary alcohol licenses have been approved for this time period: Muskegon Summer Celebration, and Mike's Inn. • Muskegon Fraternal Order of Eagles (Aerie 668) is requesting an extension of their current liquor license to be able to serve non-members during the Muskegon Bike Time Event, scheduled July 18th through July 20th. The following temporary alcohol licenses have been approved for this time period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike's Inn. • The Muskegon Yacht Club is requesting an extension of their current liquor license to be able to host the Harbor Hospice Chronicle Regatta on July 5, 2008. The following temporary alcohol licenses have been issued for this date: Muskegon Summer Celebration, and Mike's Inn. • Port City C.1.O. Building Association, 490 W. Western Ave. is requesting a temporary liquor license during the Muskegon Bike Time Event, scheduled for July 17th through July 20, 2008. The following have already been approved: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike's Inn. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the requests. Motion by Commissioner Spataro, second by Commissioner Carter to approve the special events multiple liquor license requests that were presented. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd Nays: None MOTION PASSES F. Michigan Irish Music Festival Request. LEISURE SERVICES SUMMARY OF REQUEST: Request for exclusive peddling and selling rights during the Michigan Irish Music Festival. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All peddling and selling rights pertaining to the Michigan Irish Music Festival are restricted to the location of the event at Heritage Landing. COMMITTEE RECOMMENDATION: The Leisure Services Board approved this event at their April 21st meeting. Motion by Commissioner Carter, second by Commissioner Shepherd to approve the request from Michigan Irish Music Festival for exclusive peddling and selling rights during the festival. ROLL VOTE: Ayes: Gawron, Shepherd, Spataro, Warmington, Wierengo, Wisneski, and Carter Nays: None MOTION PASSES G. Third Street Sculpture Agreement. CITY MANAGER SUMMARY OF REQUEST: To approve an agreement between the City and the Community Foundation for Muskegon County for the placement and maintenance of a sculpture in the right-of-way at Third Street and Western Avenue. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the agreement and authorize the Mayor and Clerk to sign it. Motion by Vice Mayor Gawron, second by Commissioner Shepherd to approve the agreement between the City and the Community Foundation for Muskegon County for the placement and maintenance of a sculpture in the right-of-way at Third Street and Western Avenue subject to final approval by the City Manager and Attorney. ROLL VOTE: Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierengo Nays: None MOTION PASSES H. Concurrence with the Housing Board of Appeals Notice and Order to Demolish the following: PUBLIC SAFETY 1752 Beach 371 Houston - Area 10 SUMMARY OF REQUEST: This is to request that the City Commission concur with the findings of the Housing Board of Appeals that the structures are unsafe, substandard, a public nuisance and that they be demolished within 30 days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. FINANCIAL IMPACT: CDBG Funds for 1752 Beach and General Funds for 371 Houston. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Vice Mayor Gawron to concur with the Housing Board of Appeals notice and order to demolish 371 Houston. ROLL VOTE: Ayes: Warmington, Wierengo, Wisneski, Carter, Gawron, Shepherd, and Spataro Nays: None MOTION PASSES Motion by Commissioner Spataro, second by Commissioner Carter to concur with the Housing Board of Appeals notice and order to demolish 1752 Beach Street. ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None MOTION PASSES ANY OTHER BUSINESS: Various items were discussed. 2008-49 CLOSED SESSION: To discuss pending litigation. Motion by Commissioner Carter, second by Commissioner Spataro to go into Closed Session to discuss pending litigation. ROLL VOTE: Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski Nays: None MOTION PASSES Motion by Commissioner Spataro, second by Commissioner Wisneski to come out of Closed Session. ROLL VOTE: Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd Nays: None MOTION PASSES ADJOURNMENT: The City Commission Meeting adjourned at 7:10 p.m. Respectfully submitted, Ann Marie Becker, MMC City Clerk Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Ann Becker, City Clerk RE: 2008-2009 Michigan Municipal League Membership Dues SUMMARY OF REQUEST: Approval to pay the 2008-2009 MML dues in the amount of $9,855. FINANCIAL IMPACT: MML Dues $8,078 Environmental Assessment $ 969 Legal Defense Fund $ 808 Total $9,855 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval. e michigan municipal league MICHIGAN MUNICIPAL LEAGUE MEMBERSHIP RENEWAL INVOICE 2008 - 2009 Muskegon ID: 347 Date: 05/01/2008 Membership Period: 07/01/2008 - 06/30/2009 2008 - 2009 * MML Dues 8,078 ** Environmental Assessment 969 *** Legal Defense Fund 808 $9,855 Total Due By July 01, 2008: $9,855 Please sign, date and return one invoice copy with your payment. Make checks payable to the Michigan Municipal League and mail to the address below. Thank you. ~~\~\~Ii),<·~ ~L~ (Signature) ,{-~«OOo (Date) *Fora detailed analysis of your MML dues, go to www.mml.org/pdf/dues05.pdf or call 734-669-6350. MML dues include annual subscriptons to the Michigan Municipal Review for your officials at $12.00 per subscription, which is 50% of the regular subscription rate. ** The purpose of the EAA is to fund the Environmental Affairs Service (EAS) and its advocacy for the municipal point of view on environmental, public works and infrastructure issues at the state and federal levels. The EAS Limited one-on-one assistance to MML members concerning environmental protection mandates, transportation and public works activities is also available. *** The Legal Defense Fund is an optional charge. The purpose of the Fund is to provide specialized legal assistance to member municipalities in cases that have significant statewide impact. Michigan Municipal League P.O. Box 7409 Ann Arbor Ml 48106-7409 800.653.2483 michigan municipal May 05, 2008 Mrs. Ann Marie Becker City Clerk Muskegon 933 Terrace St. PO Box 536 Muskegon, Ml 49443-0536 Dear Mrs. Becker, As you struggle to balance your general fund budget, one item will be easy to approve-your membership in the Michigan Municipal League. Better than anyone else, the League knows the fiscal challenges your community faces everyday, and we're working hard to help you find solutions to preserve existing revenue. Advocate, educate, assist. That is our simple mission . By leading advocacy efforts to support municipal issues, by providing free and low-cost education about effective and efficient governance, and by assisting and serving local government officials in a host of ways, the League supports every municipal member. In 2006 the MM L's Board of Trustees approved a dues calculation method based on inflation and your historical League dues payment. This move away from a formula based, in part, on state-shared revenue protects the League's ability to provide core services to communities and allows members to more accurately budget for their League dues. We are working harder than ever in Lansing and Washington to preserve and promote municipal interests on issues such as revenue sharing, transportation, CDBG funds and maintaining local control. Our public policy initiatives include the implementation of a new Community Design and Education Center Program which will work to assist local officials in identifying , developing and implementing programs and strategies to enhance our state's communities as vibrant places for the 21st century. Our Legal Defense Fund and Municipal Litigation Center continue to work to protect your interests in the courts and regulatory arena. The 18 officials you select to represent you on the MML Board of Trustees understand what's causing the stressed financial conditions in many Michigan communities. They know that for communities to survive, we must defend our interests together. Alone, your municipality is just one voice. Together, we roar. Officials in every member community must speak the same message at the same time if we are to influence state and federal legislators to support issues important to Michigan's communities. Michigan Municipal League membership is the best self-preservation investment your community can make. Take a look at the enclosed summary of services you receive with your membership. You'll be amazed that we offer so much service for such low dues! Sincerely, ~f~ Daniel P. Gilmartin Deborah L. Doyle Executive Director President, 2007-2008 www.mml.org c ·· .J e_e ,·e "o \ o \ \:>(~ c.\.£. e-.\'- 't . ·1r c:_,_,.,_,.__~ ,b_., c..e-"V 'l Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Ann Marie Becker, City Clerk RE: Fireworks Display Permit for Muskegon Country Club, 2801 Lakeshore SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc. is requesting approval of a fireworks display permit for July 4, 2008, at the Muskegon Country Club. The insurance coverage has been approved and Fire Marshall Metcalf will inspect the fireworks on the day of the event. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. Muskeson Country Club April 28, 2008 Linda Potter, CMC Deputy Clerk, City of Muskegon 933 Terrace Street Muskegon, MI 1•94•4•0 Dear Ms. Potter , Muskegon Country Club is in the process of planning our annual Fourth of July Celebration. I am enclosing the fireworks permit, certificate ofliability insurance and the application fee of $50.00. Our fireworks display is planned for Friday, July '1•, 2008. Please call me if you have any questions. I can be reached at 23 1-755- 3737. Most Sincerely, Reh cca Hardi n g ~ Banquet Coordinator 2801 l1akeshore Drive • Muske8on, Michi8an 49441 Clubhouse ('231) 'ff>-3737 • fax ('231) 7'7>-5759 FM-51 (3-98) MICHIGAN STATE POLICE FIRE MARSHAL DIVISION APPLICATION FOR FIREWORKS DISPLAY PERMIT ~ PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL Date of Application 117/08 Name of Applicant Address Age (18 or over) MELROSE PYROTECHNICS, INC P. O. BOX 302, KINGSBURY, IN 46345 If a Corporation, Name of President Address MICHAEL CARTOLANO P.O. BOX 302, KINGSBURY, IN 46345 If a Non-resident Applicant: Name of M l Address Phone No. Attorney or Resident Agent (616) 794-0205 MIKE VANLOO P.O. BOX 123, BELDING, Ml 48809 Name of Pyrotechnic Operator Address Age (18 or over) MIKE VANLOO P. O. BOX 123, BELDING, M l 48809 38 No. Years Experience No. Displays Where 15 YEARS 260+ MICHIGAN, ILLINOIS, IND/ANA, KEN TUCKY, OHIO Name of Assistant: Address Age JOHN KLAPKO P.O. BOX 123, BELDING, Ml 48809 44 Name of Other Assistant: Address Age SCOTT FERMAN P.O. BOX 123, BELDING, Ml 48809 40 Exact Location of Proposed Display Muskegon Coulltry Club grounds Date of Proposed Display July 4, 2008 Time of Proposed Display Dusk No. Of Fireworks Kind of Fireworks to be Displayed Annroximatelv 1,200 Aerial disolav shells ranging i11 size from I 1/ 4 inches to 8 inches ill diameter Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities) N O STORAGE NECESSARY, DELIVERED ON DATE OF DISPLAY Amount of Bond of Insurance (to be set by local gov't) I Name of Bonding Corporation or Insurance Company S5,000,000.00 BRITTON-GA LLAGHER & ASSOCIATES Address of Bonding Corporation or Insurance Company 6240 SOM CENTER RD., CLEVELAND, OH 44139 Signature of Applicant JitJ111,1ia iJc /t!Jf;/ {\ For Melrose Pyrotechnics, Inc. SEE OTHER SIDE FOR INSTRUCTIONS 1./ Authority: 1968 PA 358 Compliance: Voluntary but a permit will not be issued without an application. FM-49 (6099) 2008-45(c) MICHIGAN STATE POLICE FIRE MARSHAL DIVISION PERMIT FOR FIREWORKS DISPLAY This permit is not transferable. Possession of this permit authorizes the herein named person to possess, transport, and display fireworks in the amounts, for the purpose of and at the place listed below only. IZI PUBLIC DISPLAy 0 AGRICULTURAL PEST CONTROL Issued To I Age (18 or over) MELROSE PYROTECHNICS, INC. Address P.O. BOX 123, BELDING, Ml 48809 Name of Organization, Group, Firm, or Corporation Muskel!OII Co1111(f'J· Club Address 2801 l akes/tore Drive, Muske1to11, Ml -1944/ Number and Types of Fireworks Approximately 1,200 aerial display site/ls rm1gi11g i11 size from I l/4 inches to 8 inches i11 diameter Exact Location of Display 280l l11keshore Drive City, Village, Township Muskel!ou I Date Ju/114, 2008 Time Dusk Bond or Insurance Filed? Amount ~ Yes □ No S5,000,000.00 Issued by action of the D council []I commission D board of the lxJ city D village D M_u_s_k_e_g._o_n_ _ _ _ _ _ _ _ _ _ _ __ township of ____ (Name of City, Village, Township) day of ____M_a_y_ _ _ _ _ _ _ _ _ _ _ _2_o_o_s____ (Signature and Title of Council/Commission/Board Representative) rmington, Mayor AUTHORITY: 1968 PA 358 COMPLIANCE: Required PENALTY: 06/27/2017 02,0l FAX 141002 05/07/2008 09:02 2193935710 MELROSE PYROTECHNICS PAGE 02 ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER ~honttt ~40-2~9-4711 Fax: .u,:).,249~5406 THIS CERTIFICATE 16 ISSUED AS A MATTER Of INFORMATIOIII I OATE(MMIDPi'fl"N) 3/l0 1 lOOB ONLY AND CONFERS NO RIGl-fTS UPON THE CERTIFICATE Britton-Gallagher and A,9sociatee 1 :enc_ HOLDER. THIS crnTIRCATE DOES NOT AMEND, ~rnNP OR 6240 SOM Center Rd. AlTER we COVERAGe AFFORDED BY T\lE POLJCI s BELOW. Cleveland OH 44139 INSURERS AFFORDING COVERAGE NAIC II INSUREP Jt,ISURERkT _ _.,. ,ston ...---··-a.nee a~ Melrose Pyrotechnics, Inc. INSU~€R.e::G---.i•-e o .. _ .. _ Co "A0° I!. 0. BOX. 302 ,aW..t;Y. Tns•• .....an-- ,.._ Kingsbury IN 4634.5 INSUR6RC; - --"--- IN9URf!~ Ci Tr.,v-., ..,_ "" . ., . ~- b:;_-- • INSURERE! COVERAGES tnm POLICX~S OF l.1{$0AA~CE LISTED BELOW !UlVE B:ezN lG8UED TO THE lNSUREO ~AMJilP ABOVE FOR THB POLICY PE~XoD INDZCATEP, NOTWl;':vl{&v.NDINt; AN'i ltSOOIR.::11:tdU.:T, ?:ZR!'! OR COND:tTlON OP ANY COOTRACT OR OT,lll!:R. DOCUMRN'l' 'Ol;t'l"R RE8i'~CT 'rO WHICH THlB ClilR.TIFICA.Tlii MA'( lU!: IS£traD OR. MM" PERTAnl/, 'l!>lE nTSW,.'kNCli: Af'FORDED EY l'HE JIOLICX-&9 DESCRIBED Rl!lR.Bm rs lillJ?J.ttCT TO l\l,lt ~ ' I ' ~ . BXC.LU:SIONS AND co.r:m:r::·noNS OF 8UCH POLICIES, /\SGREGATE t.IMI'l'S SH.OWN ~y HA.'178 BE'Eril RBX,UC!RD BYr l!AID CLAIMS, 1 1~,!R ,.,,~· POllCIV' NUMbER ' CYEFFECMVli ,ouCY EXPIRIITll'lN u.,rro ~619'..173 l/l.5/2000 J./l.5/2009 ~H OCCURRENCE • • • " n J)_QJL_ A ~l:RAl. LIAIIUT'V llL 1::~CIALOf.NERAtt..lAIIILIT'r' ~~..~~\ t•n nnn ,_ ~ 0 Cl.AIMS MADE. Ii:] OCCLJR Meo tlXP !MY on, tl(QOll\ Pf!f{SONAL&ft,I)VINJURV • ' 1 QllJl.Jl_Q.Q_ GENEAAL.o\OQ~EOAiE S? " ' nnn ~ ~"l.J'.GGAErv1 LIMIT A.Pf-bl PER.! ~ROOUQTS"COMP(QPAGO 12 000 oon ML1CY ~~.2: LOC :B ~O~Dill.EUl'.Bfl.ITT CA934B1!i30 1/15/2008 l/15/200.9 COM91Nli0 91NGl.ELIMrT ~11000 1 00D {6i16orJd't11\l) x_ ANVAVTO ,_ M.L OWNfO AUTOS lllCO!LV!l\lJU!'N' IP-or put.On) s .SCH!iOULlib A.IJTOS ~ X .K- HlRBt, AUTOS NOtt-OWN'€O/\LJlOS BODll.'r INJURY " (P>!rr'la:ld'lnij • PROPE'.l'UT DNAAGE I >- (Par-"'l"Cdd,n1J R •' GAMCII LIABILITY AUTO ONLY MEA ACCIDliNf . . ACC AN\"AUTO OTftE•T>ir, J.UTOOJ\11. l I C ~J;.611/llllmFl.~lA. LI.AltTL.nY OLJ:>0005662 l./15/2008 1/15/2009 l&ACH OCOJRRENc.: '"" I 4 '"' r, "' " " OCOJR □ ClAlMS Ml\011! A0:GR5GA11! I, • on , __Q..Q!L_ 8 $ t>!i'Ovc11eu:: • D RETENTlCN WOAKl!RS COMl''IIN8"-l!ON' AND a:~ n n"" 401X5~07 (MI) 4/1/2009 4/1/.009 lLb·°:P~m~cl 1v.~• ' t;M~LOYIIR•'LIA.Bll.\TY Atn' PROPRIETOW/>~!:IMXE.CUTIVE OFFtCER/MEMQ~ QltcL UDED? if..LEACHACCI08N,. E,L.. 'Pll!l!ASE MEI\ EJ.IPLO'VQliZ S 1 '' 000 oon n.nn h.QO ~L'!~t~WidiPs~~N$' E.L, D!BEABE!MPOLICY U~IT t 'I --,n """ 011<1,R DEJ;CR.lPTrDN Of OPERATION.:S:I LOUTI0/,19/\!Ji;'..HJCLS-a t6XCLUSIONJI l\llDliD 8'1' 1:;NOOR.&EMIIN1' /SPECIAL PltoVJlltONa lol:SPJ.ll..~ DATE.: ~lub; City of J'nlkcgon, a, 2D0S l"N-tl T..OCA.TI.0111'1 Muul<~gon Cauotir;y Club, MuokagonJ Miebi~-1.n ADDITIONAL Uf&URE:D! MUmkc9"on CoL>.nt.rY ~11 elec~ed and Appolnta~ o!ficial9, ali e~ploy~Q9 ~n voluncear8, all boaxd~, ~o~~tPeiono, ~nd/or aut~oritie~ ~nd baard mernbo~Q~ including employe~• ~~d voluotee~• ~b~reot CERTIFICATE HOLDER CANCELLATION SHOULD AN'1 OP mB ASOVE D~SCRX~Jro POLICiilG PE CANCEµtm> &;rou THE RXP~~ION DATlil ~o~, 'l:ffll x~so:w~ W6WIM C;i.t.y of Mus}:Q90-:o, , WILL KNillUl'VOR TO MA:XL )0. Oli.'.!S WRl'l"l'Df NO'l'IClil 'J?O TRE ~33 Teu~ce Scr~~t CE'RTJ:F!.CM'E HO:i.Dll:R lltllMXD TO ';!;'HE X.llPT, SU1' FAILURE TC PO SO MUQ~egon MI 49640 Slll\LL D'IPO~~ ~o 09LlOArXON OR LlAS!~i'IY OY AllOC lO'.ND ~ON THE J;NS'ORBR, IT9 AOEMTS OR RafR!lSKN'l'~TXVl:S. AUTHOll.t.z:J:ID QC•~C:'llQlfl'/\T(\,C .:&= A.CORD 25 {2001/0B) coACORO CORPORATION 1988 933 Terrace Street OFFICE 231-724-6705 Cl~ Ot= MUSl\~60~ Muskegon, MI 49440 FAX 231-724-4178 CL~t:21\~S Ot=t=IC~ Message For [ );(~c?zt::,, from_ ~ -J J ~ - date- £ i - 2 _; 0 message time / tJ : Clc.J Q ~kal ~/~l ac07fo/~~'M -...t best call back tim~ /UW · · ~ ~ 0 2 kd taken by. 2 -=--- ~ date ---- Ph"' ····· aiws Re: □ Urgent □ For Reviev ~ase Reply □ Please Recycle Please check out the insurance coverage for a pyrotechnic display. Thanks, Linda 1."•!· I v-1-1?,:;:(~5:;on ~1 ' <.. ,01;nrry ·~11ut, ' c_ i su·f l2!<.eshore fJrive 1 i\J!:J:,l,ago1·1 , tvlichi(;F:in -' -944 I l' IO. 005994 PIIY FIFTY AND 00/100 DOLLARS EXACTLY PAY TO THE CITY OF MUSKEGON ORD!::!~ OF: - ·• . AUTHORIZED S!Gi•JATURI:, - - ---- - - -- - - - -- ---- - ----- - - -· '; I t1l l lHOO\Mi•d lfr( ' l. )l., lO I~ I Commission Meeting Date: May 27, 2006 Date: May 16, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development C6C- RE: Vacation of the East/West alley and Southerly 60 feet of the North/South Alley bounded by Ray, Laketon, Getty and Holbrook SUMMARY OF REQUEST: Request for vacation of the EastNVest section of the alley and the Southerly 60 feet of the North/South section of the alley in the City of Muskegon's Westermans Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street, and Holbrook Avenue. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends vacation of the ally bounded, with the condition that all utility easement rights be retained. COMMITTEE RECOMMENDATION: The Planning Commission recommended vacation of the alley at their 5/15/08 meeting, with the condition that all utility easement rights be retained. The vote was unanimous with T. Harryman, T. Michalski, J. Aslakson, and B. Smith absent 5/16/2008 RESOLUTION #2008- 45 ( d) RESOLUTION TO VACATE A PUBLIC ALLEY WHEREAS, a petition has been received to vacate the East/West portion of the alley and the Southerly 60 feet of the North/South portion of the ally in the City of Muskegon's Westerman's Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street and Holbrook Avenue; and, WHEREAS, the Planning Commission held a public hearing on May 15, 2008, to consider the petition and, subsequently, recommended the vacation; and, WHEREAS, due notice had been given of said hearing as well as the May 27, 2008, City Commission meeting to consider the recommendation of the Planning Commission; NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the public interest to vacate and discontinue the East/West portion of the alley and the Southerly 60 feet of the North/South portion of the alley in the City of Muskegon's Westermans Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street, and Holbrook Avenue, County of Muskegon, State of Michigan. BE IT FURTHER RESOLVED that the City Commission does hereby declare the said alley vacated and discontinued, provided, however, that this action on the part of the City Commission shall not operate so as to conflict with fire access or the utility rights heretofore acquired by the City or by any public service utility in the City of Muskegon operating in, over and upon said portion of alley hereby vacated, and it is hereby expressly declared that such rights shall remain in full force and effect. BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the City shall restore the disturbed area to the grade and paving in existence at the time of vacation. The City shall not be responsible to replace special planting, landscaping, fences or any structure. No structure shall be placed in the easement which, in the sole judgment of the City, will interfere with the repair or maintenance of utilities in the easement, public or private. Adopted this 27 th day of May, 2008. Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierenga Nays: None Absent: None Uy~C ~~Mayor Attes~Jh,b~i I\) . ) I (b Ann Marie Becker, MMC, City Clerk J k\ 2008-45(d) CERTIFICATION (Alley Vacation of the East/West alley and the Southerly 60 feet of the North South alley in the City of Muskegon's Westermans Subdivision) I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held on May 27, 2008. \J\~~.w~ Ann Marie Becker, MMC Clerk, City of Muskegon Staff Report [EXCERPT] CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING May 15,2008 Hearing; Case 2008-10: Request to vacate the east/west section of the alley and the southerly 60 feet of the north/south section of the alley in the City of Muskegon's Westermans Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street, and Holbrook Avenue, by David Hudelson, 1868 Ray Street. BACKGROUND The east west section of the alley runs parallel to the side of the applicant's home at 1868 Ray Street. Across the alley from his house is property owned by Emanual Tabernacle Church. There is a guard rail and a fence running along the alley that separates it from the church property. Staff drove the alley, as well as both Ray and Getty Streets. No homes backing up to the alley need the alley for access to their property, except the applicant. His garage takes access off the alley, and he has no other driveway available to him for parking. Closing the alley would not pose a hardship to other residents, but would allow the applicant to access his garage and use the present alley for his driveway. The vacation would also stop the through traffic primarily using the alley for quick access to the convenience store on the corner of Laketon and Getty. A letter from the applicant was included with the application, which is included in this staff report. The Fire Depmiment has no issues with this alley vacation request. The Engineering Depmiment and Depmiment of Public Works, however, have some concerns. The City has a sanitary sewer located in the north/south section of the alley. Muskegon County Waste Water Systems owns and operates a 36" sewer force main in that portion of the alley as well. An easement agreement would need to be obtained from the applicant and recorded with the Register of Deeds giving unrestricted access to the east/west portion of the alley to both the City and the County. The applicant is aware of this requirement, and agrees to provide that document to the City. East/west section of the alley off Ray Street. North/south section of the alley. City of Muskegon Planning Commission Case # 2008- 10 .Alley to be vacated • ~- - 7~~ . . ·o .Affected properties 1 I "i !llf1 a11 m,~\L 1 1 1 1 ~ !!;mr1i~~~H-- :,-+::-~ - 11 : - ___ -,., . -~~~-- -- - --- - - - , ' -- -- - - - .... ~ - f--- -- - c.._/ !; ''' - - - -- - - - f--- ;= ·- ~ ~ f- I I= f- - -= - - ~ <'_,,_,_;. ~ . - .,.,, •• , .... , -- - - --_- --- f--- -~ - - - - - - - -- -- - - - - -- ~ f--- ~ - - - - .;:- - - - - -- -- .. - - - - - - - - - - f-- ' ' 'I AJley,'- Vucafio"' Reci,,;.esl !f-/7-0>f · Pecrfle sf'""' i"!:} f,•.,~,) 9oi':) fo Fa '3-t, F, 11.s Mf howe ocviJ cav-5 wifli du;,1) Qvicl. -fl,,e. ca//S qf fJ,,e chtAvch neff+o me, Peofle J.-iv,~3 OlVIJ.wa//i.J"j 'f 'F-ee-t FvoWI n,r ho<A5,e, Th>-oW•"j ~clvba~e) kweakl"':j bo1tle5, k,J:, wa.lJt<'"j by 1ea~t"j f/,e f\leii/1bors a..,J wiy do!J• I mow The ~vas5 rake fh<!- /eave$! 1 f i'c.h up fhe -fra~h av,J. /r,J,oke.,, fjio,S";, -fha.f sv..,,,,,.,,,,1,5 ""Y pv0p-evi7 ; "'1he. f/llef, ih,e /JJ/ey f,\::,ec.{ fo go s·-ft,a13h1 fh,ov.!'Jh the block FvoVI'\ Lake-fo.,,, --f., Jlolbrcdc., ,5ovne ho"-' ,t !!)01 -.h,,,.~,), °lo· ,;i,-,c£. plilt V1j~-t l1e'/CT fr; mr h0'-',Se,. I J,,ij1 see, how ,-t ,'5 /-e3a{ f0 have 0<. voaJ.wa,y L/ F•~-f Fvowi ""f F,,.,4 <Aoev; Hav,..,j --fh;~ k,·,,.ef- :;o•'"j 71,,0/,\~4 hev~ met/US -/-ke P'"'IJ(vfy or +1-«ff'o't 0 odww:,-f w&v7h/e55, /1/el:}hovs C'l'l .si:/1 !J•i1 ;., .,,_..,J o.,.i' -fo /,,_kef '1 d, Getty 5tt-ee1'$, tA<e. -fv"'fF;, ((!) 1"'1eS rirovvt The Ne'Jhb0V'ho<0d) (!Xv, /10/ fhe /(J,e;!JhhPv5, !ha11k. "to,;., Fw t..._k,.j fli,e f,•wie. -f-0 lovk ,.,,+o --,)-his p,ol,/,evro Y::ov m-e, STAFF RECOMMENDATION Staff recommends approval of the request. DELIBERATION I move that the vacation of the east/west section and the southerly 60 feet of the north/south section of the alley located in the City of Muskegon's Westermans Subdivision, bounded by Ray Street, Laketon Avenue, Getty Street and Holbrook Avenue, be recommended to City Commission for (approval/denial), based on (compliance/lack of compliance), with the City's 1997 Master Land Use Plan, with the following conditions: l. All utility easements will be retained. 2. An easement agreement be provided by the applicant which gives unrestricted access to the City of Muskegon and Muskegon County Waste Water System for access to the sewer lines located in the north/south section of the alley. Date: May 7, 2008 To: Honorable Mayor and City Commission From: Department of Public Works/ Hartshorn Marina RE: MDNR Central Reservation System Contract Extension SUMMARY OF REQUEST: To approve the renewal of the Michigan Department of Natural Resources Central Reservation System contract between the City of Muskegon's Hartshorn Marina and the MDNR. The MDNR Central Reservation System, whereby a transient boater can make a reservation in advance, collects Transient Boat Slip Payments which are then paid to the City. The contract would remain in effect through October 31, 2015 FINANCIAL IMPACT: NONE BUDGET ACTION REQUIRED: NONE STAFF RECOMMENDATION: To approve the attached contract and authorize the Mayor and City Clerk to sign 4 copies. STATE OF MICHIGAN DEPARTMENT OF NATURAL RESOURCES JENNIFER M. GRANHOLM LANSING REBECCA A. HUMPHRIES GOVERNOR DIRECTOR February 13, 2008 City of Muskegon % Director of Leisure Services Po Box 536 Muskegon,MI 49443-0536 To Whom It May Concern, Enclosed are four(4) copies each of the Contract regarding payments collected by the Michigan Department of Natural Resource's (MDNR) Central Reservation System (CRS) for the Muskegon Marina. This Contract will remain in effect through October 31, 2015 and replaces the current one we have, which will expire October 31 st of this year. Please review, sign, and return all copies to me at the address below. Once completed, I will return an original copy of the Contract for your file. If you have any questions or concerns, please don't hesitate to contact me, and I look forward to our continued working relationship. Sincert,!y, :'-.:~\"--\ :' -l~ ,.· / . .••. f.',/ •. •.•·.· - •· .· '-, t'_L•-'· -··1 V '. ._. /_· /( ,_ " {. .( :" [ . . { ( i {,b-__. ' Brenda Mikula, Concession/Lease Manager Cheboygan Field Office 120 'A' Street Cheboygan, MI 49721 (231) 597-0472 (231) 627-4366 (fax) NATURAL RESOURCES COMMISSION Keith J. Charters, Chair• Mary Brown• Hurley J. Coleman, Jr.• Darnell Earley• John Madigan • J. R. Richardson • Frank Wheatlake STEVENS T. MASON BUILDING• P.O. BOX 30028 • LANSING, MICHIGAN 48909-7528 www.michigan.gov/dnr • (517) 373-2329 Great Lakes, Great Times, Great Outdoors! CONTRACT Between the Michigan Department of Natural Resources Parks and Recreation Division and the City of Muskegon Regarding the Payments to the Community for Transient Boat Slip Revenue Collected by a Centralized Reservation System I. Purpose The purpose of this Contract is to document the understanding between the Michigan Department of Natural Resources (MDNR), Parks and Recreation Division (PRD) and the City of Muskegon, hereafter known as the Community, regarding the Payments to the Community for Transient Boat Slip Revenue Collected by a Centralized Reservation System at the Muskegon Marina. 11. Statutory Considerations The Natural Resources and Environmental Protection Act (the NREPA, 1994 PA 451, as amended: MCL 324.101 et seq) reestablished Michigan's system of waterways. In section 78105 of the NREPA (MCL 324.78105), the Legislature found and declared that the duty of the Department was to acquire, construct, and maintain harbors, channels, and facilities for vessels in the navigable waters lying within the boundaries of the state of Michigan. Section 78105 of the NEPRA further indicates that the department, in implementing its responsibilities under the NREPA, may enter into contracts and other necessary agreements. 111. Reservation System Operation To better serve the boating public a system whereby a boater can make a reservation for a slip in advance of their arrival has been instituted. The Central Reservation System (CRS) is designed to mirror the policies, procedures and dynamics of the existing boat slip registration/harbor management process wherever possible. The purpose of this program is to provide a user-friendly boat slip reservation system with easy access through multiple sales channels (harbor, call center, Internet). This should be accomplished with as little change to the existing harbor policies/procedures or CRS structure as possible. 1. Reservations for boat slips are all processed through a single, Toll Free number. Changes to those reservations are processed through that same number. Reservations will be processed by the CRS call center between the hours of 8:00 AM and 8:00 PM, Monday through Friday and 9:00 AM to 5:00 PM on Saturdays and Sundays. All hours are Eastern Standard/Daylight Savings Time 2. The Toll Free number to call when making reservations for slips is 1-800-44PARKS (447-2757). This number is accessible from anywhere in North America. 3. Reservations will be made available on the Internet 7x24x365 at www.michigan.gov/dnr. Only DNR-approved Credit Cards may be utilized for payment of Internet reservations (currently Visa, MasterCard, and Discover). 4. Reservations will be made slip-standard in the system. To make the most efficient use of the slip space available slip assignment will be made by the Harbormaster, or harbor staff person, on the day of arrival. 5. The number of slips and the configuration of that reservable quantity (by slip size) will be determined by the Harbormaster as approved by PRO. 6. Reservations will be accepted up to six(6) months (to the date) in advance of the arrival date. 7. Payment must be made in full when placing a reservation. Visa, MasterCard, and Discover, check or money order may be used. NOTE: If paying by check or money order, the boater must call the reservation center at least fifteen(15) days in advance of their arrival date. The boater must then immediately mail the check in to the reservation center. If the reservation center has not received the check within ten(10) calendar days of the date the reservation was made, the reservation will be cancelled. Checks must be payable to "State of Michigan" and mailed to: Michigan Central Reservation System P.O. Box 450, Cumberland, MD 21501-0450 8. There will be no pay-upon-arrival reservations placed. 9. Users of the CRS will be charged a Non-Refundable Fee of $8 to place a reservation. 10. All system users will receive a postcard of confirmation of their reservation as long as the reservation was placed at least ten(10) days in advance. Reservations placed through the Internet will receive confirmation information via e-mail. 11. Confirmed reservations will be held until 5:00 PM on the date of arrival. If a boater will be arriving after 5:00 PM, the boater must contact the Harbormaster to notify staff of late arrival. 12. Reservation cancellations must be received before the day of arrival in order to qualify for a refund. If notice of cancellation is received by the call center before the day of arrival, a full refund will be issued minus a $10 Cancellation Fee in addition to forfeiture of the $8 Reservation Fee. 13. Cancellations received on the day of arrival will be charged that night's slip rental. The balance of the reservation payment minus the $8 Reservation Fee will be refunded. 14. Confirmed reservations that fail to arrive or call by 5:00 PM will be considered cancelled reservations and charged one(1) night's slip rental plus a $1 O Cancellation Fee. The balance of the reservation (less the Reservation Fee) will be refunded. The cancelled slip will be made available for float-in use. 15.AII slips will be rented using the fee schedule titled "Michigan State Waterways Commission Transient Rate Schedule For Reservations". This rate schedule will be applied to BOTH reserved slip nights as well as float-in use. 16. The system will allow for the "double-booking" of slips by the Harbormaster only (not CRS) through the use of "auxiliary" sites. This will allow for "rafting" and double-use of slips not fully utilized by a single craft. 17. Information needed when placing a reservation: Harbor name, Arrival Date, Departure Date, Boat Size (length, width, draft), Boat Type (Power or Sail), Name, full address and phone number of customer; Boat Registration Number (MC or other), Payment Method, number and expiration date of Credit Card, if used. IV. Community Responsibilities It is the responsibility of the Community to operate its Harbor/Marina in accordance with the reservation system described above. Refunds for float-ins that paid cash or check will be paid by the Harbormaster. Cash and checks received at the harbor will be retained by the Community but will incur a Commission Fee for each slip/night. All requests for CRS hardware and software assistance, should be documented on a "CRS Incident Log", see Attachment A. Copies of these logs should be kept in a binder near the CRS telecommunication equipment. V. Department Responsibilities The CRS Contractor will provide, install, and support all hardware, software and telecommunication equipment necessary to communicate with the centralized database and run the slip rental operation. Additionally the CRS Contractor will pay all Telecommunication Fees and maintain and repair all systems. The Community shall have access to the CRS Contractor's Toll-Free help desk. Payments PRD agrees to pay Community its share of revenues collected by the PRD's Contractor for slip reservations. Payments will be made monthly. Payments will be based on the prior month's activity. Monthly reports will be generated from the CRS Contractor and submitted to PRD. In turn, these reports will also be submitted to the Community's designated representative electronically. The report will identify the following items: Number of slip/nights paid Gross amount collected by all sales channels Number of and Dollar Amount of Credit Card Transactions Cancellation Fees Refunds Paid Dollar Amount of forfeited nights Cash/Check amount collected at facility location Net amount collected per month by all sales channels (Net amount =Gross minus cancellations, refunds paid and dollar amount of forfeited nights) PRD will use the amounts identified by the report to calculate the amount to be repaid to the community using the following formula: Net Amount of Revenue Collected for Location MINUS - Cash/checks collected at facility MINUS - $3.00 X number of slip/nights paid for reservations and float-ins MINUS - Credit Card Fees currently at 2% of net Credit Card sales as of December 2002. Equals - Amount to be repaid to the community for the month. Note: Credit Card Fees above may be adjusted at the end of the season. These are pass-through costs based on an average percentage of costs for the previous season. The Community will be charged only for the actual cost to the State. Financial reconciliation for each boating season will be concluded no later than thirty(30) days after the close of the season. Close of season will be September 30th of each year. PRD agrees to forward final payments (including any adjustments) to the Community within thirty(30) days of the close of season. In the event of an overpayment, the Community agrees to return any overpayment to PRD within thirty(30) days of notification of overpayment. The Community must identify the return payment for "CRS Harbors". PRO may assess the Community a $1 O per day Late Fee for every day beyond the designated due date that the overpayment is not returned. Failure to return the over- payment on time will be grounds for PRO to terminate the Contract. Payments made to the State will be made out to: State of Michigan Payments shall be sent to: Cashier's Office Michigan Department of Natural Resources P.O. Box 30451 Lansing, Ml 48909-7951 Payments made to the Muskegon Marina will be made out to: City of Muskegon and sent to: Leisure Services PO Box 0536 Muskegon, Ml 49443-0536 For communication purposes the Muskegon Marina email address is: Bob.Kuhn@shorelinecity.com Training The CRS Contractor will provide the following training and manuals: a. Annual training in the use of the workstation application(s). b. Easy-to-use manuals prior to the implementation of the reservation system, including: 1. A user manual on the normal operation of the workstations as well as the procedures for basic problem resolution. VI. Effect and Termination This Contract is effective immediately after both parties have signed this Contract and shall remain in effect until October 31, 2015. The Contract may be extended annually for an additional three(3) years. Extension options will be exercised only upon mutual consent and the state shall notify the Community ninety(90) days prior to the expiration of the Contract regarding the decision to extend. VII. Ownership The CRS Contractor shall own all hardware, software or products provided to the Community for the intent to operate the CRS. PRO shall own all data relating to the CRS. VIII. Terms and Conditions Indemnification Each party to this Contract must seek its own legal representative and bear its own costs; including judgements, in any litigation which may arise from performance of this Contract. It is specifically understood and agreed that neither party will indemnify the other party in such litigation. The Community hereby releases, waives, discharges and covenants not to sue the State of Michigan, its departments, officers, employees and agents, from any and all liability to Community, its officers, employees and agents, for all losses, injury, death or damage, and any claims or demands thereto, on account of injury to person or property, or resulting in death of officers, employees, or agents of the Community, in reference to the activities authorized by this Contract. Closeout When this Contract is concluded or terminated, within thirty(30) calendar days, the Community shall provide the State with all hardware and software made available and required as a condition to do business with the CRS Contractor. Both parties agree to settle any under/overages immediately and process payment to the State or Community within thirty(30) calendar days from the date the Contract is concluded or terminated. Modification of Contract This Contract may be modified at any time as long as both parties are in agreement. Such amendments shall be in writing and signed by a representative with authority. All language included in this Contract is subject to decisions made by the Michigan State Waterways Commission and/or the Department of Natural Resources. The decisions made by these governing bodies supercede the language included in this Contract and are effective as indicated by them. Dispute Resolution In the event of a dispute, the Community shall first attempt resolution with the Contract Administrator. If issues can not be resolved, the Community shall contact the PRO contact identified below. Non-Discrimination The parties agree not to discriminate against an employee or applicant for employment With respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, or marital status. Breach of this covenant may be regarded as a material breach of this Contract. Third Party Beneficiaries This Agreement confers no rights or remedies on any third party, other than the parties to this Agreement and their respective successors and permitted assigns. The Community shall not have the right to assign the Contract or to assign or delegate any of its duties or obligations under the Contract to any other party (whether by operation of law or otherwise), without the prior written consent of the State. Any purported assignment in violation of this Section shall be null and void. Further, the Community may not assign the right to receive money due under the Contract without the prior written consent of the State Purchasing Director. IX. Issuing Office and Contract Administration This Contract is issued by the Michigan Department of Natural Resources (MDNR), Parks and Recreation Division (PRD). PRD is the office authorized to change, modify, amend, alter, clarify, etc., this Contract. All communications concerning this Contract must be addressed to: Brenda Mikula MDNR, PRD 120 'A' Street Cheboygan, Ml 49721 mikulab@michigan.gov 231.597.0472 The person named below or in their absence another person so designated shall be authorized to administer the Contract on a day-to-day basis during the term of the Contract. The Contract Administrator for this project is: Bill Pemble MDNR, OLAF P.O. Box 30181 Lansing, Ml 48909 pemblew@michigan.gov 517.241.3725 X. Signatory Recognitions The undersigned signatories are authorized to contractually bind their entity and agree that this Contract constitutes an appropriate recognition of MDNR's jurisdiction in recreational and natural resource management and Community's jurisdiction in the sphere of operating a harbor/marina. Title ' C I Date Date \'Name 11s 1'0,.r.'Y\=~'\_,~;- ,,11111 ;f/ane 0--2}0._,lJ-.,,, /Jec/(er C,b clec/C Title t(-c2 - r.:?OcJJ' Date Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Construction Engineering Services for Drainage facility @: West Branch of Ruddiman Creek & Vacated Greenwood Street SUMMARY OF REQUEST: Authorize staff to enter into a construction engineering services agreement with Prein & Newhof to perform the inspection and staking to replace the existing cu Iver at the westerly branch of Ruddiman Creek at the vacated Greenwood Street. The $14,919.10 of not to exceed fee will be shared between the cities of Norton Shores, Roosevelt Park and the City of Muskegon based on a previously established percentage. Prein & Newhof is being recommended due to the reasonable fee proposal (attached) as well as their familiarity in the project since they were the design engineers. FINANCIAL IMPACT: The City share of the fee, which is about $5,520 (37%). BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into a construction engineering services agreement with P & N. COMMITTEE RECOMMENDATION: Project Fees: Rudd1man Culvert Replacement Staff Hours Hegarty -- Kieft lnsp. Dr;tft Survey Cleric8l Expenses il-J1ifeage Total Fees Preconstruction Meeting. Nobce. Mtg and Minutes 5 2 2 20 S 319.60 Proje~J _0dministr~!io~_ 2 12 20 s ~.399.60 _c~0~!-':-i~t1?~ . ~~~-~ing,. __ _ 8 80 s 553.40 Shop Drawi_n_~ Review a_~_? _Approval 4 s 505 00 Construction O_bservat1on (15 hrs/wk avg_ - 4 wks Totalj 8 60 500 s 5.200.00 Site Me_<:ting~/Pri:_i~_r~~-~--Mee11ng_~_/~ site - 1 progress) 5 3 s 780 00 Payment Estit:1_~~J _\21 2 L 2 s 570.00 Prop~rty --~orner ~~-e:_t_~~_ement 4 80 s 333AO Rec_(:1rd Dra,.,~0gs_ 2 4 $TS s 50250 Cor!_~S-~ondanc~_'.0j!h Regulatory Ageci_c1e:s s 95.00 C~!f1J?§s;ti_on Tes__Q0g .t;OC s 440.00 Final lnsp~~!!9_~ 1 20 s 104.60 Ch~~-g~__ Qrder_ - \_1_§_~1ancing) 2 s 190.00 P_r~pa~~tion o!_~~~c0_ Ust _ s 95.00 C_ontingen.Cles - Based on Contractor ,Progress. Unkncwns s 3,326.00 Totals I 3 44 71 5 12 5 475 720 $ 14,919.10 Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Acceptance of an Easement from Sherman/Buckner LLC SUMMARY OF REQUEST: Accept a storm sewer easement from Sherman/Buckner LLC to replace and maintain a storm sewer culvert at the west branch of Ruddiman Creek north of Sherman Blvd., see attached drawing, and authorize the mayor & clerk to sign the easement documents and direct staff to record said easement. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Accept easement and direct staff to record. COMMITTEE RECOMMENDATION: ~.--,,, "' - l':H\'- l.2-21J08 15: 3'3 CIT''( IJF MUSl:EGIJtl EHGJHEEP 23172?5'3134 P.CH·02 Received & Sealed For Record MARK F. FAIRCHILD REGISTER OF DEEDS Muskegon Counly Michigan 10/22/2008 01,09P LIBER 3794 PAGE 151 IIIIIII IIIII IIIII IIIIII IIII IIIIII IIIIII Il lllll llll llll ~~,~1Aft~, Mark Fairchild, .!'luskegon Co ROD 034 Page: 1 of 3 EASEMENT AGREEMENT FOR CULVERT AT THE WEST BRANCH OFRlJDDIMAN CR£EK This Easement Agreement (this "Agretmem") Is effective as of City of Muskego~ a Michigan municipal corporation ("Grantee" or '•City"), and .J2 f-L-P::-j sf 111,.,{1.008, / ])en fl between the 1 -~--l~v-e)l.f\1'.'..- ✓ (,;Gnmtor"), on !he following terms and co11dition.s: (5 H-e,:i;f\/ f3vt.-ctl-1~• l L <..) Recitals A Grantor is the owner of real property of the former railroad right of way along the vacated Greenwood street just north of Sherman Boulevard in the City of Muskegon, Muskegon County, Michigan, legally described on Exhibit A {the "pan::el"). B. Grantee desires to obtain two types of easements, over, across, under and throurpl a portion of the Burdened Parcel more particularly described on E:tbibit A {"PERMANENT & TEMPRORY Easements") for the construction ofa storm ~ewer culvert to replace existing, and Grantor has agreed to grant to Grantee easemill\LS for such purpose, as set forth herein. NOW, THEREFORE, for valuable consideration, including a payment by Grantee to Grantor of one dollar (S 1.00) and other good and valuable consideration, the receipt and sufficiency ofwhlch is hereby acknowledged, the parties agree as follows: 1, Easement Grantor grants to Grantee, its succes$ors and assigns, a non~exclusive easements and right of way with respeor to the Easement Property for the purposes, and on the terms and conditions, set forth herein (the ''Easemem''). 2. T,,n-m. The tenn of the Easements shall be perpetual for the permanent easement and.shall run with the Burdened Property and a seven month for the temporary construction easement. 3. ~- The Easements shall be used for the purpose of the construction and installation of a drainage sewer (c11lvet1) and its appurtenances and accessories within the permanent Easement Property. the Easement and right of way shall include the City's right to enter upon the Easement at such times as are reasonably necessary to construct, maintain, repair, replace, reinstall and inspect its culvert within the Easement Property, Tile Granter shall not construct any improvements within the Easement Property without the written permission of Grantee, or interfere with·the use of the Permanent Easement in any manner. Grantor shall reimburse the Gramee for all reasonable costs of removal ofany improvements placed within the Easement Property by Grantor. 4. Removal; R.estoratiop. City shall have the fight to remove trees, brush and undergrowth and other obstmctions within the Easement Property interfering with rhe location, construction. maintenance and repair of the culvert City shall be obligated, at its sole expense, to restore the areas within the Easement Property to their condition that existed prior to City's work within the Easements. 5. Warranty, The parties warrant that they have the right and authority to enter into this Easement Agreement, 6. Btndlng Effect This Easement Agreement shall bind the parties, and their successon anct assi~s. 7, Recording. Grantee shall record the Permanent Easement Agreement with the Muskegon Councy Register of Deeds, and Grantee shall pay all recording cash. 8. Amendment This Agreement shall not be amended or modffied except in a writing signed by both parties, Mf'.i'{-l.2-201]f: 15:40 ,: I TY OF MUSkEGDH Et·IC, I HEEP :2317176'304 This Easement Agreement was entered into on the date set forth above. ST ATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing_ was acknowledged before me this /J_ Mday o(~/lZ<=_,a..,,Y~-----• 2008, by ·-!)_eor; 1'.s IJuc1<a er. - " ~~ame• ~Mfr Notary Public, Muskegon County, Michigan Acting in 1he County of Muskegon My commission expires: 2--~S:>;:,.?.o 12_ STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing was acknowledged before me this o! ,lday of Ji 11 2008, by Stephen J. WarmingtOl'I, Mayor, and Anne Marie Becker, Clerk, oft he City of Muskegon, a Michigan muniClpal corporation, on behalf of the corporation. Type/Print Name: 2/ ~ f f ' r r Notary Public, Muskegon Counl')', Michigan Acting in the Counry of Muskegon My commission expires: f-.:;_ .::,--.:20 ;.:2. Prepared by and when recorded return to: John C. Schrier Parmenter O'Toole P.O. Box 786 Muskegon, Ml 49443-0786 IMark llllll lllll ~!~l\~:, lllll llllll llll llllll llllll 1111111111111111 Page, Fa.ireh.i ld, Muskegon Co ROD 034 2 of 3 O·iENGrNEERrNGICOMMON\2008 PR◊JEC!S M,\STER\PRO!ECTS\Sh~rmaiy_Torr~nt Culven¼ascmeot agmment ior I?4S Gr~rnwl)Otl.DOC CIT', OF MU'::,!- EC.10! ! El·IG I r,IEEP P.O~ \J.2 ,,-------~- . ------------- 24-205-615-9991-00 WEST BRANCH RUDDIMAN CREEK MARCH 10, 2008 1745 GREENWOOD EXHIBIT "A" 2070815 PARCEL DESCRIP110N: 1HAT PART OF BLOCK 615 OF THE REVISED PLAT OF 1903 OF THE cm OF MUSKEGON, SECTION 35, T.10N., R.17W., CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN, AS RECORDED IN UBER 3, PAGE 71 OF PLATS, MUSKEGON COUNTY RECORDS, BEING PART OF THE FORMER M.R.&N. CO. (NOW 1HE MICHIGAN SHORE RAILROAD COMPANY) RIGHT OF WAY. AND PART OF VACATED GREENWOOD STREET IN GLENSIDE SUBDIVISION NO, 1, AS RECORDED IN UBER 7 OF PLATS, PAGE 41, MUSKEGON COUNTY RECORDS, DESCRIBED AS FOLOWS: COMMENCING AT THE SOUTHWEST CORNER OF BLOCK 4 OF SAID GLENSIDE SUBDIVISION NO, 1: THENCE ss9•32•oo·w ALONG 1HE NORTH LINE OF SHERMAN BOULEVARD 36.12 FEET TO 'fHE CENTERLINE OF SAID VACATED GREENWOOD AVENUE FOR POINT OF BEGINNING: THENCE N~"40'oo·w (RECORDED AS N46"37'W) ALONG SAID CENTERLINE 64.39 FEET; 1HENCE S43"2o'oo·w 10,00 FEET: THENCE N46"40'00"W 126.28 FEET: 1HENCE S43"20'oo·w 15,00 FEET TO THE SOUTHWEST LINE OF SAID VACATED GREENWOOD AVENUE; THENCE N46'4 □ 'oo·w ALONG SAID SOU1HWEST LINE 104.96 FEET: THENCE N4:i'2o·oo·E 20,00 FEl:'.T; 'fHENCE N46"40'oo·w 147,36 FEET; 1HENCE S43"20'00"W 20.00 FEET TO SAID SOUTHWEST LINE OF SAID VACATED GREENWOOD AVENUE; 1HENCE N46°4Q'oo·w 101.31 FEET; THENCE N43"20'QO"E 20.00 FEET; THENCE N45°40'oo·w 181.03 FEET TO 'fHE WEST LINE OF SAID GLENSIDE SUBDIVISION NO, 1; THENCE S00'20'55"E ALONG SAID WEST LINE, EXTENDED, 165,93 FEET TO 'fHE SOUTHWESTERLY CINE OF SAID M.R,&;J. CO, (NOW MUSKEGON SHORE RAILROAD COMPANY) RIGHT or WAY: THENCE S46°40'00WE 480.38 FEET TO THE'. NORTH LINE oi-- SHERMAN BOULEVARD; THENCE: N89"32'00"'£ ALONG SAID NORTI-l LINE 180.60 FEET lO POINT OF 8EGINtiiNG. DESCR,'F'TI0."-1 OF PERMAN~NT EASEMENT: PART OF 1HE ABOVE PARCEL DESCRIBED AS BEGINNING AT 'fHE INTERSECTION OF THE WEST UNE OF GLENS\DE SUBDIVISION NO. 1, SEC110N 35, T.10N., R.17W,, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN AND 'fHE SOU'fHWESTERLY RIGHT OF WAY LINE OF THE FORMER RAILROAD; THENCE N00"20'55"W 5.26 FEET ALONG SAID WEST LINE OF GLENSIDE SUBDIVISION NO. 1: 1HENCE N4T51''lB"E 116,56 FEET: 'fHENCE: S46°4Q'oO"E 40,13 FEET ALONG THE NOR'fHEASTERLY UNE OF 1HE ABOVE PARCEL, BEING PARALLEL l'<\TH AND 20 FEET NORTHEASTERLY OF 1HE SOU'fHWESTERCY RIGHT OF WAY LINE OF VACATED GREENWOOD STREET· THENCE S4T51'3a•w 120,37 FEET; THENCE N46"4D'oo•w 36,19 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE OF 'fHE FORMER RAILROAD TO POINT OF BEGINNING, DESCRIPTION OF TEMPORARY CONSTRUC110N EASEMENT: A 30 FOOT "'1DE STRIP OF LANO LYlNG NOR,HWESTERLY OF AND ADJACENT TO 1HE NORTI<WESTERLY LINE Of' THE ABOVE DESCRIBED PERMANENT EASEMENT: ALSO A 40 FOOT l'<\OE STRIP OF LAND LYlNG SOUTH£ASTERLY OF ANO ADJACENT TO THE SOUTHEASTERLY LINE OF TI<E ABOVE DESCRIBED PERMANENT EASEMENT. / / / /1: zu1 7' ~ ' q, 'v' ~--- " '-. 1'4, . °", / 1~8 "'~ '. . _ / in ~9"' "'- ';._ 'b,0 "\. CJ ~ I '<,, ~ -' ~s,,,. '-.. i dw "-" // · 1'w5 c, / z :::i ;3: ?:- !l 30' TEMPORARY CONSTRUCTION EASEMENI / i / ~ 1----'-=-'--= 1' ~ 100' LETART AVE. 1 40 lEMPORARY CONSTRUCTION N EASEMENT BY ARTHUR W, BRINTNALL _________p ._s._2e_4~01_ _ __ Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Bike Path along Lakeshore Dr., Cottage Grove to McCracken (B-236) SUMMARY OF REQUEST: Award the bike path construction/stripping contract to C & L Trucking out of Iona since they were the lowest responsible bidder with a total bid price of $93,412.18, see attached bid tabulation. FINANCIAL IMPACT: The construction cost of $93,412.18 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the C & L Trucking. COMMITTEE RECOMMENDATION: LAKE SHORE DRIVE COTTAGE GROVE to McCRACKEN BIKE PATH BITUMINOUS BID TABULATION - 05/13/08-rev 05122/0S• --- CONTRACTQRl ADDRE~I -- ENGINEER'S ---- ·--T-- C&L TRUCKING & 5XC 256 E. PARMETER RD. I , MCCORMICK SANO, INC. 5430 RUSSELL RD. r BRENNER EXCAVATING - ~· FELCOCONTRACTORS, INC 2841132ND AVE. I 856 PULASKI AVE. 1 · WADEL STABILIZATION, INc. 2500 N. OCEANA DR. 7 .. --- ----- ITEM oJ:jVo~- _ __f_[!Y/S_T/Z!~.-- ____g_STIMATE_ _ _ _ L ___l~tA,.~1-~~6 _ I _!"Yl!'.LLP..!SE, l_v11~9:4.~_ I_ HOPKl~_M!._451_~28_ :__ !l"~.15_!:_G_ON, 11!11_~44_1 ___ _I__ -- __1:11),!IT, ~I _4_94~Q______ ____ I - UNl'r'fCTY I UNIIPRICE lOTAL PRICE UNIT PRICE_ TotAc:fRlCE_ UNIT PRICE I TOTAL PRl~UNIT PRIC~ TOTAL PRICE I iJNIT PR!C§ TOTAL PRICE I urm- PRIQg_ ~_TO_Il\L PRICE_ l , · A□JuSTMANHoLEcASTING ti::: 1 L 1 I EACH 2f- $300.00 $6~ 350.00 120.00 Is 50000 Is 1,00000 Li! 541.001 s 11 094.@ s 400.00 s soooo Is 4so~s --~-o~ I _2 .ADJUST WATER VALVE eox _ ~ctt 1_ _~ ___ s~oo.00 1 =-~§Oo ~I s- ____1_00.00 I - ' - 300.0Q_ j _ 50.00 s 150 oo I s - Jss.~1,1. _ __2.64-...Q! I s _ 300.~I-L- 900..QQ_ _s_ -32~ I s_ _ _ JTI..QQ.J 1SO.YO. 263il._ 1 _3_,AGGREGATEBASECOURSE22A®_S"C.t_P. --- _ss.ool_ $15,~$ - 4.40 L..11,594.0~$_ - s.001s~11s..oo $ _s..451$ 14,360.75 $ - - 570 $ 15,01950]$ 7.50 $ _19,762501 I. ~_ le1T. LEVELIN~ M1x3c@ t65tt/S.Y. _____ -----·- __ __ __ __ __I_ TON 1 2011 ___S65.oo __ _§_~~-00_1 s _ _ 63.s1 [ s 12,s25.s1 Is __ 53.s1 s 2,2:,a25.s1 Is_ 51.1~s 13,6077D I $ _ ss ooJ $ ~.~f s _ 53 s5 Is 12,ss3 851 1---5-1srr,_,:OPMIX4C@1S~~.Y:..__.__ .___ -- TON 2011 __ 1 $70.00 __ $~07000IS_ - 67.301~-13,~~:!Q._$ __ ~y:L3,52L3!?1S 71.40_$ 14,351.401$ 70.00LS_ 14,070.00$ - 67.301$ _!3,5~301 6 ,coNC.SIDEWALK4" lsaFT.I 1001 $3.001 $300DDIS Ui0_[$ 260001S 2.25 s 22500j$ Wis 275.00 $ 3ools 300001$ 800 $ 80000 ~iJCONC.s1oewAL,KRAMPAOA --- _-- --- -"sa.FT. 1-220 1 ss.ool - ssso.oo s 535 s- -,.:,11.00 s s.ools 1,100.00LS 5.:!QJs 1.254.00[S soo1s 1,32000 s soo1s 1,320.001 [____i_ 1pETECTABLE WARN)NG.AoA RAMP __ ____ ___!~ ~I _221 _ _s~oo_l _ _S_!_,~~-L __2!._o_!_I _!_ __ !,~~-~I ~ ---~oa I...L 1,~2§._]_s __j!3 50 I s _ __!_,692....Q!! I s 24.00J s_.!,~mil _s _ ~oo __L_ __i240 o~ i--~_.IER9~1_Q!_I CO_NTROL,JNLET PROTE_CTIOJ_,1, FABR1C_DRC)P -·- - - l~CJ! I___ !I - _Ji115.qQ_ '__ $46..Q,_OQ_I-'- __M'.9D_I $_ _ ~36.00 I $ 4$ DO $ ~~$ 1 1 1 ~468.00__ $ -- ~Ol!_Q.0 _Ji - 1,60Q_QQ._1_$_ - 125.QQ] $ _ - ~ 00 I ' 10 1,MANHOLECASTINGE.J.#10450REQUAL EACH 1 2 $40000 I $80000 S 434.00 $ sss.oo $ 44500 I$ 890.00 S 555.00 $ 1,110.00 I$ 400.~~ $ 80000 $ 450.00 I$ 900.00 I t1lMAcH1NeGRAmNGMoD. - --- - - - __ I STA.120.1~_ s20000 -_s4.142.ools 515.ools t0,665.65I$ _32500 s- _6,730~$ 5oojojL10,35500 1 s 90000 s ~s---950.oo~s _1~674.sol 1 1-!.... PAVTJirffilfil, ovE!!LA...J.Qfl.!cl::l~~1c,j2"W1p__!::WH!!!L_ _ _ UN. 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I !~_.PAVE!M~.!.MAR~!_NG WATERBORNE 4" WHITE _ _ L!!!-J::!, ~33.!_I _ ___JiQ_30 - - ~9~_$ _ __9_,1.! _s ___ ~.41 $_ _ _0.,1!_1_$_ _47_6.~_§__ _o !.:!_I $- - 476.±!_ L_ _o 1~1-$ 649.65 I $ - ~11_1...!_ _ 476.41 1.J.JPAVEMENTflYI.RKIN9WATERBORNE4"YELLOW luN,FT.I 11001 _i~L s2,13Q_QQ_Ls _ _ _D,!! 1-~--~~o..tls_ Q,n.J_s_ 7!1.eQ_Q_I~ _ _ .!l...!1.. _!_ __ 781 oo_l $_ _ 01_!ij s __'l_,~5._QQ_J_S_ ____9_1]_[ L_ zs1.oo I , '., I._PAVEMENT MARKl~G_w_A.:rgl:!_l:IQ_f!l"l~~rr.i::...- - - - _______th-IN. f:!=1_ 6."' ..- I 2_1 POsT, ~EEL 3.!:.1:1_ '°. '1Q.. _ .s2,668.oo Q __ 0,1._5 IL. __.1,067~ . s 0..16 . s uN.FT. I ~ ___ __J;_5.fil_ .. _. S.:!e!!!l,OD s _ _ _,_.5_o_:....~ __ _!,~QJ-~ _____ ~-~_Q_l_s_ _ 1,~r-~LL . _ o !__.' 1-,~-~t{- . __ 1 !,!~-~o_L _,_ §_.8~+L_.!&:!!~_$ _ .. --.. C!.E_l.3- 1.~~1 s _ 2.00 s 552.00 I s 0.1~_1s _ __!,Q.67 20 I. 5,?.Q.H_ _ __.1,;ns.00 '---~~-losr,wooo4"x4" _ ______ .. JLIN.FT.1-~ s10.oo~ s1,sso.OO--i-.i..- 10.oo[s _1,550.ools. 10.00,s 1_.560.oo.s 10.60.s _1~.601S 2.001s 312.00 __ s 10.2£..j_S 1,sso.001 I ~ JJ!EMOVlNG CONC. CURB H~o __ ----------·- _________ JuN. FT•. ~ 4 _ _ s10.oo 1___ - 5340.00 ,! s __ ____ 22,00 __s _ 748.Q_O s - _ 15..QQ_fs 510.oo j $ _ 1s.1ol s - 635.8D s_ 1s.ooTs 544~L 20.00 I s - 5so.oo ; 1 ~4 l!!~~9v1N9 coNc, s1oewALK - - - - - 1 ~ - a j 10.!§.o - ~ ~ \ _ _j.§.,.QTii,.QQ_l_s_ o.4o 15_ _ 4 1060.00 I s_ _ _ o ~ s_ ~.~2.50 _,_ _ _ 0.4s 1_L ___!,56~1-s- _ ~~_s_ 2.Q,~QQ oo __L_ _ 1...QQ_P-- 10,150.oQ.J 1 _Ll? !REMOVINGPAVTMR~G~ONGIT,6_' OR LESS - - - - - - LIN.FT. 847or·· ,._SQ_§Q_I _ S4,23500 $_ - ~ 1}_____2~.~1~$ 0.35 I $_ _2,9_§4~$_ - ~ I L3.!.!3~'3- _o~rs__3.$~~L _0.35 _L_ 2,9~~ _£~REMOV1NGPAVTMRK;GSYMB0_1=_LT.ARRow __________ l~cHI_ 2 4 ~ 5 0 0 1__ S84oools _199sls 478.sos 1s9s1s _47Bso s 2100 s _?o~s _20Q9J __ $ 45000 s 2o:w:Js _ _ 4800_0_1 I v ,sig!!..JYPE mA _ so.FT. 2431 $15.00 L $3,645.00 s1 14.00 s ~402.00 s 14.oo s 3,402.00 $ ! 14 so 1 s 3.595 40 s 3 oo I s 129 oo 1 $ 14 oo , s 3,402.00 [ ,_._gs ITERRACE GRADING _ __ _ ___ __ __ _ _ _ --IUN. FT.I_ 20_1_~ $4 oo I ss,300.00_[.Ji _ ~ L.L..___M~3.751_,_ _ _o.ss 1_1_... _:!_.~~B-75 s I 1.40 1s __J?~9D5.0o_].Ji_ _ _,_.(!9_ _!..__~5.00_LS_~_Q_j__!_ ___1!,637 50 1 ,1 __ ~s ,TRAFFIC CONTROL _ --'~--•L.!!.r-1!.~- _.1J_ _ ss.ooo.o..Q_ _ _~~ ~ _12,590.00 _J,_12,sso.o_Q_I.Ji _B,_§___~oJl__s__ s . ~ L $ ___.:!._2,1so.09J...L 1:?,150 oQ_ s ~ooo.o_Q_l_s_ 2,0_00.00 1 s__ _z,319,QQ l__i_ ___1,soo.oo I i-~-o~_~AJ_E!:l,_v_~.L,yE_!3.0)!._cg~L,EIT_E__ _ __ _ _ _ ___ _ __ _ _ - I EACH_I_ _3 ___S3o~oo_l _ _$9Q.(!,_Op_l.Ji- _ ~_,_ool _$_ _ s~oo_ s___210.oo j_s_ _ s1_Q_.oo _1_ _ _31s.oo~ s _ 1,g_5.olli __ ~oo_oo__s 1,2_.Q_o.oa I s ___300.00_ s _ JDO_oo I i~=i_:_== ~==_:~==_:_:-~~:==i =~--:: ~: ~-- ~·.:;,~.,:::_:--~= i:=.:~~---_ -;~~~~,:=---~j~ ,,,:,::I~ ·-=-~-·~=,:i 1 1 1 OF1 Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Sewer Replacement and Lining in the Alley between Crowley-Henry- Windsor-Young (S-638) SUMMARY OF REQUEST: Award the Sewer replacemenl/lining contract within the referenced ally to Kamminga & Roodvoets out of Grand Rapids since they were the lowest responsible bidder with a total bid price of $88,110.00, see attached bid tabulation. FINANCIAL IMPACT: The construction cost of $88, 11 O plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to K & R. COMMITTEE RECOMMENDATION: C:\Docurncnts and Settings\Pottcr\Local Settings\Temporary Internet Files\OLK 1A\CONA WA Alley 05-27-08 (2).doc S-638 ALLEY BETWEEN CROWLEY & HENRY, WINDSOR TO YOUNG SEWER REPLACEMENT & LINING - BIO TABULATION 05/13/08 CONTRACTOR KAMMINGA & ROODVOETS FELCO CONTRACTORS, INC MCCORMICK SAND, INC. NADEL STABILIZATION, INC SINATECH CONSTRUCTIOr, JACKSON-MERKEY ADDRESS ENGINEER'S 3435 BROADMOOR AVE. SE 856 PULASKI AVE. 5430 RUSSELL RO. 2500 N. OCEANA DR. PO BOX 205 555 E. WESTERN AVE. CITY/ST/ZIP ESTIMATE GRAND RAPIDS, Ml 49512 MUSKEGON, Ml 49441 TWIN LAKE, Ml 49457 HART, Ml 49420 CLARKSTON, Ml 48347 MUSKEGON, Ml 49442 ITEM R, u.. , a NT Pn1CE TuTAL P E UNIT PAI OTAL 1,E ITP AL Ice UNIT PRl TOTALPniCE UN,, PAI T ... TA1..PRICE UN11 PAI T01AL PRl1..;E UNti PR T ALPRIC 1 C.I.P,P. LINING 10" LIN. FT. 321 $50.00 $16,050.00 $ 66.00 $ 21,186.00 $ 90.00 $ 28,890.00 $ 120.00 $ 38,520.00 $ 93.00 $ 29,853.00 $ 59.00 $ 18,939.00 $ 98.00 $ 31,458.0 2 CUT PROTRUDING LIVE TAP EACH 2 $600.00 $ 500.00 1,000.00 $ 600.00 $ 1,200.00 $ 250.00 $ 500.00 500.00 $ 1,000.00 $ 500.00 $ 1,000.00 $ 525.00 $ 1.050.0 3 PRE-CLEANING & T.V. INSPECTION FOR C.I.P.P. 4 REINSTATEMENT OF OV BRANCH CONNECTIONS LIN. FT. EACH 321 11 $300.00 $7.00 $275.00 $2,247.00 $ 8.00 $3,025.00 $ 300.00 $ $ $ 2,568.00 3,300.00 $ 3.00 $ $ 210.00 $ 963.00 2,310.00 $ $ 20.00 250.00 $ $ 6,420.00 2,750.00 ' $ 5.00 $ 250.00 $ $ 1,605.00 2,750.00 $ $ 7.00 300.00 $ $ 2,247.00 3,300.00 $ $ s.oo 263.00 ' $ 1,605.0 2,893.0 5 SANO REFILL CU.YD. 1500 $6.00 $9,000.00 $ aso $ 5,250.00 $ 9.00 $ 13,500.00 $ 15.00 $ 22,500.00 $ 14.00 $ 21,000.00 $ 12..15 $ 18,225.00 $ 22..90 $ 34,350.0 6 SANITARY SEWER 10" SOR 35 LIN. FT. 335 $90.00 $30,150.00 $ 92.00 $ 30,820.00 $ no.oo $ 36,850.00 $ 70.00 $ 23,450.00 $ 115.00 $ 38,525.00 $ 217.50 $ 72,862.50 $ 163.00 $ 54,605.0 7 SANITARY SEWER SERVICE 6" SDR 35 LIN. FT. 120 $34.00 $4,080.00 $ 58.00 $ 6,960.00 $ 60.00 $ 7,200.00 $ 20.00 $ 2,400.00 $ 35.00 $ 4,200.00 $ 40.00 $ 4,800.00 $ 88.00 $ 10,560.0 8 SANITARY WYE 10"X6" SOR 35 EACH 12 $200.00 $2,400.00 $ 275.00 $ 3,300.00 $ 300.00 $ 3,600.00 $ 210.00 $ 2,520.00 $ 450.00 $ 5,400.00 $ 50.00 $ 600.00 $ 198.00 $ 2,376.0 9 TRAFFIC CONTROL LUMP 1 $1,000.00 $1,000.00 $ 5,060.00 $ 5,060.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 4,500.00 $ 4,500.00 $ 2,000.00 $ 2,000.00 $ 525.00 $ 525.0 10 TRENCH REPAIR 15' WIDE ALLEY LIN. FT. 306 $12.00 $3,672.00 $ 16.00 $ 4,896.00 $ 20.00 $ 6,120.00 $ 16.00 $ 4,896.00 $ 52.00 $ 15,912.00 $ 7.15 $ 2,187.90 $ 19.00 $ 5,814.0 11 TRENCH REPAIR LOCAL STREET TYPE Ill LIN.FT. 29 $50.00 $1,450.00 $ 130.00 $ 3,770.00 $ 200.00 $ 5,800.00 $ 100.00 $ 2,900.00 $ 165.00 $ 4,785.00 $ 334.50 $ 9,700.50 $ 158.00 $ 4,582.0 SUBTOTAL $73,674.00 15"/o ENGINEERING $11,051.10 TOTAL $84 725.10 $ 88,110.00 $ 108,433.00 $ 108,856.00 $ 129,530.00 $ 135,861.90 $ 149,818.0 1 OF1 Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Jiroch, Southern to Irwin (H-1634) Dale, Peck to Sanford (H-1631) Seventh Street, Muskegon to Webster (H-1637) SUMMARY OF REQUEST: Award the Jiroch, Dale & Seventh streets construction contract to Milbocker & Son out of Allegan since they were the lowest responsible bidder with a total bid price of $495,786.70, see attached bid tabulation. FINANCIAL IMPACT: The construction cost of $495,786.70 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Milbocker & Sons. COMMITTEE RECOMMENDATION: H~1631 & S-630 DALE AVt:NUE, SANFORD TO PECK CONTRACTOR. BID TABULATION 05/13/08 Ml LB OCKER & SONS - BRENNER EXCAVATING . DAN HOE EXCAVATING JACKSON-MERKEY BONO CONSTRUCTION SCHIPPERS EXCAVATING ENGINEER'S 125629Tli ST. 2841132ND AVE. 13664 ROCKY'S RO 555W. WESTERN AVE. 21 51 BEYERLY SW 9829 LAKE MICHIGAN DA ADDRESS HOPKINS Ml 49328 HOLLAND Ml 49424 MUSKEGON Ml 49441 WYOMING, Ml 49509 WESTOLIV"' M! 49460 CllY/STIZIP ESTIMATE ALLEGAr-.. Ml 4901 0 TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTALPR!CE o,rr Q,V UNITPR!CE TOTAL PRICE UNIT PRICE TOTAL PRICE UNITPRtCE TOTAL PRICE UNIT PRICE ITEM OF WORK ,., • ,,, •• • •• •• •• •• • • • • •• •• '·"' •• 5,292.00 5.00 4,900.00 6.00 5.880.00 4.90 4,802.00 5,390.00 6.00 5,880.00 Aooreoatc Base, 6 inch 4.50 4,410.00 ' Catch Basin Soecia! Oetan s, , • 1,300.00 2,600.00 1,200.00 2,400.00 1,153.00 $ 2,306.00 • 1,300.00 • 2,600.00 $ 1,820.00 3,640.00 1,000.00 2,000.00 1,700.00 $ 3,400.00 ' • •• • • •• ' ,' CB Casl!M East Jordan i/7045 or Equnl Curb and Guttc,, Corn:, Dot 1"4. Modiflod " " ...' • $ 650.00 10.00 •• 1,300.00 6,400.00 $ • 550.00 7.60 •• 1.100.00 4.864.00 •• • 698.00 9.25 $ $ •• 1,396.00 5.920.00 $ $ 500.00 ''" •• 1,000.00 5,760.00 •• 416.00 9.25 $ ' •• 832.00 5,920.00 $ 500.00 • 8.00 $ $ 1,000.00 5,120.00 $ •• 550.00 8.00 • 1.100.00 s.120.00 •• 500.00 $ 1,500.00 •• 410.00 • 1.230.00 525,00 1.575.00 $ 300.00 900.00 295.00 aas.oo $ 200.00 600.00 500.00 1.soo.00 ,,"" ' Dr Structure, Cover, Adiust ' Or Structure, Roccnslruct ' 300.00 • 900.00 200.00 $ 600.00 $ •• 312.00 936.00 $ 325.00 •• $ 975.00 690.00 •• 2,070.00 $ •• 200.00 $ 600.00 250.00 $ 750.00 ; Dr Structure, Rem ' $ 300.00 • 600.00 $ 260.00 $ 520.00 250.00 $ 500.00 $ 125.00 250.00 $ 330.00 560.00 300.00 $ 600.00 $ • 350.00 $ 700.00 •• ••• •• • •• • •• s, $ 180.00 180.00 152,00 152.00 150.00 150.00 255.00 255.00 500.00 500.00 400.00 400.00 ,' Dr Structure, Tap, 12 inch Drlvewav, Nonrolnf Cone. 6 inch ,.' •• 250.00 25.00 $ ' 250.00 2,250.00 23.40 2,106.00 • 28.30 2,547.00 $ 30.00 $ 2.700.00 25.70 $ 2.313.00 $ 24.00 $ 2,160.00 $ 24.60 2,214.00 s, •• 270.00 $ 117.00 • 351.00 $ 180,00 $ 540.00 $ 120.00 • 360.00 •• 200.00 $ 600.00 •• 100.00 $ 300.00 •• ..,,. •• 100.00 300.00 $ 90.00 " Erosion Control. Inlet Pro!ection, Fabric Droo ' •• 60.00 7,200.00 6,909.60 $ 63.00 $ 7.560.00 •• 60.00 •• 7,200.00 •• 59.50 $ 7,140.00 60.00 $ 7,200.00 ~-"' • 7,500.00 "" HMA,3C '°" '" •• • •• "~ • • • •• ,o, 7,524.00 8.760.00 70.00 8,400.00 68.80 8,256.00 69.00 8,280.00 8.664.00 HMA.4C &, ,., '" . 60.00 $ 1,500.00 $ 7,200.00 4,650.00 •• 62.70 1,400.00 $ 4,340.00 $ 73.00 1,465.00 ' $ 4.541.50 •• 1,250.00 •• 3,875.00 •• 870.00 2,697.00 1,500.00 $ 4.650.00 1.S00.00 • 4.650.00 " Machine Gradin~ Maintenance Gravel. LM ,~ , $ 25.00 •• 2,500.00 8.00 $ 800.00 $ 5.00 •• 500.00 10.00 1,000.00 32.00 • 3,200.00 $ •25.00 2.500.00 •• 12.00 $ 1,200.00 " •• •• •• •• ••• 1.500.00 $ 1,700.00 $ 1,700.00 $ 1,657.00 1,667.00 2,500.00 2,500.00 1,570.00 $ 1,570.00 1,160.00 1,160.00 2.soo.00 $ 2,500.00 "" Manhole Seecla! Cetall ,." ' $ 1.soo.00 ••• •• ••• 450.00 1.350.00 430.00 $ 1.290.00 563.00 $ 1,689.00 350.00 1,050.00 290.00 $ 870.00 400.00 1,200.00 $ 450.00 $ 1,350.00 MH Castin<> East Jordan #1045 or Equal Pavt Mrkn, Ovh, Cotd Plastic, 18 Inch. Stop Bar ' 7.00 ••' 210.00 10.50 $ 315.00 11.15 $ 334.50 $ ,,.oo •• 330.00 • •• 12.25 357.50 •• 11.00 330.00 $ 11.00 • 330.00 ,"".., " • ,,. • " 630.00 3.70 666.00 4.00 720.00 $ "' 738.00 4.00 $ 720.00 $ 3.85 ' 693.00 " Pavt Mrkq. Ovtv Cold Plastic, 6 !nch, Crosswalk '" 3.00 •• 540.00 •• •• • $ '• "' • •• " " Pavt, Rem Preru,red Soil and Seed Class A 1200 "' ••• 5.00 3.00 15.000.00 1,980.00 $ • 3.00 2.70 3,600.00 1,782.00 3.60 2.75 $ 4,320.00 1,815.00 $ 7.00 '• 3.000.00 4,620.00 $ $ 3.60 3.00 4,320.00 1,980.00 $ $ .... 5.00 $ $ 6,000.00 2,970.00 $ $ 7.00 4.00 $ •• 8,400.00 2,640.00 " Sanlrn,,, Sewer, PVC SOR 35, 8 inch ,," " 40.00 •• 400.00 •• 40.00 $ 400.00 $ 50.00 $ 500.00 $ 70.00 700.00 $ •• 89.00 890.00 • 110.00 •• 1,100.00 •• 250.00 2,500.00 • •• • • • •• 250.00 250.00 100.00 $ 100.00 121.00 121.00 $ 500.00 500.00 $ 310.00 310.00 100.00 100.00 300.00 300.00 Sewer Tap, B Inch " ' • "" Sewer, CL C76 v, 12 inch " . " 40.00 •• 2,280.00 $ 27.00 •• ,... •• $ 1,539.00 • 28.20 1,607AO •• 40.00 $ 2,280.00 $ • 46.10 2,627.70 $ 80.00 $ 4,560.00 40.00 10.00 $ $ 2,280.00 500.00 ... 50.00 $ 5.00 $ 250.00 $ 10.00 $ 500.00 $ Sewer, Rom, Less than 24 lneh " $ 7.00 350.00 7.00 350.00 $ 6.00 $ 300.00 1.00 $ .,, •• •• • • •• •• ,,. • •• •• 1,725.00 3.00 1.035.00 5.00 1.725.00 $ 1,911.25 " Sldawn!k Rnm1>. ADA '" "' $ 6.00 2.010.00 1,725.00 5.70 1,966.50 5.00 $ ' •• • ,,, •• •• • '·" • ns.oo 713.00 3.00 930.00 2.15 $ 666.50 " Sidewalk. Cone, 4 inch ,'".., '" 2.50 5.00 $ 375.00 $ 2.05 5.00 '• 635,50 375.00 $ '·" 806.00 487.50 4.00 •• 1.240.00 300.00 • 8.10 $ 607.50 $ 375.00 $ 2.00 •• 150.00 " Sidewalk. Rem ", •• 4,700.00 $ 4,700.00 •• 3,000.00 •• 3,000.00 •• 5,500.00 • 5,500.00 $ 1,500.00 ,.soo.oo $ 4,935.00 $ 4,935.00 '• 1,600.00 $ 1,600.00 • 2,250.00 2.250.00 ",, Trsffic Control Tree, Rem, 19 Inch to 36 inch ",, ' 700.00 $ 1.400.00 700.00 1,400.00 743.00 $ 1,486.00 • 700.00 •• 1,400.00 • 675.00 $ 1,350.00 700.00 $ 1,400.00 '• 650.00 •• 1,300.00 ,. " •• • •• •• 1,200.00 1,200.00 900.00 $ 900.00 •• 1,000.00 •• 1,000.00 1,000.00 ·1,000.00 •' Treo. Rem, 37 inch or larger 1,500.00 $ 1,500.00 $ 1,200.00 1,200.00 1,275.00 1.275.00 $ Water Valve Box and Ccver, Com lete '' 300.00 • 300.00 • 300.00 $ 300.00 360.00 360.00 150.00 • 150.00 • 350.00 • 350.00 250,00 250.00 • 250.00 $ 250.00 " " SUBTOTAL $ 68,040.00 15%ENG1NEERING $ TOTAL $ 10.206.00 78.246.00 • 58,477.10 • 66.845.40 • 64.495.00 • 56,943.70 ,, CALCULATION ERROR 67,120.00 • 72,298.75 H-1631 & S-630 DALE AVt:NUt:, 8ANFUHU IU Pt:t;K BID TABULATION 05/13/08 CONIBACTOR MCCORMICK SAND, INC. KAMMINGA & ROODVOETS FELCO CONTRACTORS, INC WADEL STABILIZATION, INC. DIVERSCO CONSTRUCTION ADDRESS ENGINEER'S 54SO RUSSELL RO. 3435 BROADMOOR AVE. SE 856 PULASKI AVE. 2500 N. OCEANA OR. 675 CLYDE CT SW CITY/ST/ZIP ESTIMATE TWIN LAKE Ml 49457 GRAND RAPIDS, Ml 49512 MUSKEGON, Ml 49441 HART Ml 49420 BYRON CENTER. Ml 49315 UNITPR!CE TOTAL PRICE UNIT PRICE TOTAL PRICE ITEMOFWORK "'" QIT UNIT PRICE s TOTAL PRICE s UNITPR!CE TOTAL PRICE s ,,. UNIT PRICE TOTAL PRICE UNIT PRICE s TOTAL PRICE s 5,782.00 $ 6.75 s 6,615.00 s 6.00 s 5,860.00 '"' $ 's 4,410.00 5,782.00 $ 5,194.00 5.90 ' ' Aoore!lale Base, 6 inch Catch Basin S•ocial 0eta;1 "" ""' s "'" 1,300.00$ 2,600.00 s 5.90 1,100.00 $ 2,200.00 $ 1,150.00 2,300.00 s 900.00 s 1,800.00 $ 1,350.00 s 2,700.00 s 2,000.00 s 4,000.00 ' CB CastlnQ East Jordan #7045 or Equal ' s s 650.00 $ 1,300.00 s s 500.00 $ 1,000.00 • 615.00 • 1,230.00 s s 400.00 ,,. s s 600.00 • 450.00 s s 900.00 6,784.00 s s 750.00 7.50 s s ,.soo.oo 4,800.00 'ss 7,040.00 10.60 ••' 10.00 $ 6,400.00 7.60 $ 4,864.00 11.00 $ 5,440.00 's Curb and Gunar, Cone, Det F4, Modified " "" s • •• s s s s ' ss 500.00 $ 1,500.00 330.00 $ 990.00 400.00 1,200.00 400.00 1,200.00 500.00 1,500.00 ,,"" Or Structure, Cover, Ad'ust 1,500.00 500.00 s Or Structure, R0conS1ru<:I ' s 300.00 • 900.00 s s 850.00 $ 2,550.00 s 150.00 •s 450.00 250.00 s s 750.00 s 425.00 s 1,275.00 s s 200.00 500.00 s • 600.00 1,000.00 ' ••' $ 400.00 400.00 800.00 350.00 700.00 ,, ' s 'ss 300.00 700.00 1,400.00 200.00 ',• Or Structure, Rem 600.00 s s s s ' ' 400.00 •' 200.00 400.00 •'s $ 420.00 420.00 300.00 300.00 200.00 '"' ' Dr Structure. Tap, 12 lneh 250.00 250.00 150.00 150.00 ~, s • s ' 2,250.00 ' s 2,700.00 25,00 2,250.00 2,511.00 25.00 ' Driveway, Nonrelnf Cone, 6 Inch 25.00 2,250.00 23AO 2.106.00 30.00 27.90 s s $ 600.00 'ss $ 's 285.00 400.00 $ 1,200.00 125.00 $ 375.00 200.00 "" •'s $ $ 95.00 '" Erosion Control, Inlet Protection, Fabric Oren " ' 100.00 s 300.00 •• 60.00 s 180.00 s 7,128.00 7,200.00 •s s 7,128.00 60.00 • 7,200.00 's •' HMA,3C 60.00 7,200.00 59.40 7,128.00 59.40 50.00 59.40 " T" " " HMA,4C M3ehine Gr:id;no ~. Toa ~, ,., '" 61'1.oo $ 1,500.00 's 7,200.00 4,650.00 •• 68.i'.2 1,500.00 s s s 8,246AO 4,650.00 $ 68.72 800.00 s $ 8,246.40 2,480.00 s s 53.00 1,200.00 s 7,560.00 3,720.00 68.75 $ 5,500.00 s s s s 8,250.00 17.050.00 $ s s 70.00 5,000.00 ' ' s 8,400.00 15,500.00 2,000.00 's 1,900.00 1,200.M 20.00 ,, '' 1,000.00 19.00 12.00 ' 's Maintenance Gravel, LM ,00 25.00 $ 2,500.00 20.00 2,000.00 $ 10.00 " • • • 1,300.00 s 1,800.00 1,800.00 s 1,550.00 s 1,550.00 s 5,000.00 s 5,000.00 =.oo 's M3nhole Sneclal Detail 1,500.00 1,500.00 1,100.00 1,100.00 1,300.00 " s s s s s s 's 1,950.00 •' 1,755.00 1,200.00 350.00 1,050.00 650.00 •' $ 450.00 $ 1,350.00 1,335.00 585.00 400.00 " MH Castlnn East Jordan #1045 or Equa! " '"' s s s 10.50 315.00 s 11.00 s 330.00 s 10.SO 315.00 s 11.00 s 330.00 's 7.00 210,00 10.50 315.00 "" Pav! Mrka, Ovlv Cold Plasltc, 18 Inch, Slap Bar " ,so • '·'" •s s s s ,.so s s Pavt Mrka, Ovlv Cold Plastlc, 6 Inch, Crosswalk ,~" .,, $ 3.00 540,00 s s 630.00 s' 3.50 s.oo '' 530.00 4.00 s 720.00 s ,.so 's 630.00 4.00 s 720.00 ' 12,000.00 ' Pavt, Ram 1200 5.00 $ 6,000.00 2.00 2,400.00 s.000.00 6.00 7,200.00 9,000.00 10.00 " s • s s s s s "" Prepared son and Seed Class A Santtarv Sower, PVC SOR 35, 8 inch " ""'" s 3.00 40.00 $ 1,980.00 400.00 s 4.00$ 25.00 $ 2,640.00 250.00 s 3.50 80.00 'ss 2,310.00 BOO.CO '' 4.00 180.00 ' 2,640.00 1,800.00 s 5.50 100.00 $ 3,630.00 1,000.00 ''s 2.00 100.00 $ s 1,320.00 1,000.00 "" Sewer Tap, 8 inch Snw,:,r, CL. C75 V, 12 Inch "" ' s s 250.00 40.00 s s 280.00 2.280.00 s s 150.00 $ 25.00 • 150.00 1,425.00 s s 465.00 33.00 s 465.00 1,661.00 $ • 600.00 29.00 •' 600.00 1,653.00 s s 350.00 38.25 •s 350.00 2,180.25 •s 300.00 100.00 s •• 300.00 5,700.00 "so s s s s s • s ' Sew,:,r, Rem, Lesslhan 24 inch 7.00 350.00 8.00 $ 400.00 5.00 250.00 $ 14.00 700.00 6.00 300.00 10.00 500.00 " " ,~ s s s s 10.00 s s •• s s ' 2,070.00 ' 2,070.00 3,450.00 6.00 22.35 7,710.75 5.00 1,725.00 ' 1,725.00 "" Sidewalk Ram•, ADA "" 6.00 s ns.oo 5.00 ,.so s ns.oo s s s •' 'ss 3.00 930.00 ,_., 3.00 930.00 2.55 790.50 ''s 's Sidewalk, Cone, 4 !nch "' ~, "" 's 2.50 5.00 s 375.00 '' 2.05 9.00 635.50 575.00 s 420.00 s 6.00 500.00 • 6.00 450.00 s 9.00 s 575.00 V Sidewalk, Rem cs " s s 2,000.00 $ 5,000.00 5,000.00 s 2,000.00 s 2,000.00 ' '' $ 5,000.00 2,000.00 " Traffic Control ' ' 4,700.00 $ s 4,700,00 6,579.00 s 6,579.00 5.000.00 s s 2,000.00 $ 900.00 s 1,800.00 s 700.00 s 1,400.00 ",, ' ' ' 700.00 1,400.00 $ 700.00 1,400.00 700.00 1,400.00 1,000.00 "'" Troe, Rem, 19 inch to 36 Inch s s s s s 1,200.00 's 1,200.00 2,000.00 1,300.00 1,300.00 1,200.00 's •' ' $ 1,500.00 $ 1,500.00 $ 1,200.00 1,200.00 1,200.00 2,000.00 Tree, Rem, 37 inch or taro er ' • 300.00 s 300.00 s 270.00 270.00 335.00 $ 335.0o I e 400.00 s 400,00 300.00 s 300.00 s 350.00 s 350.00 " WalorValve Box and Cover. Com~lete " ' SUBTOTAL $ 68,040.00 15%ENGINEERING $ 10,206.00 CALCULATION ERROR s s ' $ 69,345.00 94,244.50 92,730.00 ' TOTAL $ 78,246.00 66,885.90 68.149.40 "''.'.: :'! .... "'"'"' "'"'"'"' ~!!;~~~~~~ t I~ ~ 00 "'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"' "'"'"'"'"'~ ~ ..... l"!-' .,... ....., i;; :-'!'> t, ~ '~-f'-l-~+~+~+~+1+1➔:c:➔l-ti-tl-tl-tl-t~+;+~+~+~+:+1➔~-t~-tt-+t-+~+~+~+~+~+~+~+1+1➔g co➔t-tl-ti-t~-t~+l+!+l+t+!+l+l➔l-tl-t~-tl-+~+!+!+:+i+~+!+~-F!➔.~ 0 "'"'"'"'"' "'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'~~~ o l> Ill . ;;! r iii l! • ~ i iii jj g g g g g JIROCH STREET, SOUTHERN TO IRWIN H-1634, S--633, & W-703 BIOTABULATION - 05/13/08 MCCORMICK SAND, INC. KAMM1NGA & R00DVOETS FELCO CONTRACTORS, INC WADEL STABILIZATION, !NC. OIVERSCO CONSTRUCTION CONTRACTOR ENGINEER'S 5430 RUSSELL RD. 3435 BROADMOOR AVE. SE 856 PULASKI AVE. 2500 N. OCEANA DR, 675 CLYDE CT SW ADDRESS CITY/ST/ZIP ESTIMATE ,WIN LAKE. M! 49457 GRAND RAPIDS Ml 49512 MUSKEGON Ml 49441 HART Ml 49420 BYRON CENTER, Ml 49315 UNITPR!CE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE ITEM OF WORK ONO -., Qr, UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNITPRlCE $ TOTAL PRICE 17,092.50 $ ,,, $ 17,737.50 $ ,,, $ 17,415.00 $ s.oo $ 19,$50.00 ' Aaare<1ate Basa, 6 inch 3225 $ 4.50 $ 14,512.50 $ 5.90 19,027.50 $ 5.30 ' 200.00 $ 400.00 $ 200.00 $ 400.00 $ 150.00 $ 300.00 $ 200.00 $ 400.00 -'- ' Cap, 8 inch, DI MJ Catch Basin s~ocial □,,tall ,," ' $ $ 250.00 $ 1,300.00 $ $ 500.00 6,500.00 $ $ 150.00 1.100.00 $ $ 300,00 5,500.00 $ $ 1,150.00 $ 5,750.00 $ 900.00 $ 4,500.00 $ 1,200.00 $ 6,000.00 $ 2,000.00 $ $ $ 10,000.00 3,750.00 ' $ 550.00 2,750.00 750.00 ' $ 650.00 3,250.00 $ 535.00 $ 2,675.00 $ 615.00 $ 3,075.00 900.00 $ 4,500.00 ' CB castlna East Jordan #7045 or Equal " ~·, ,, $ $ ~., $ $ 31.50 $ 6:30.00 $ 40.00 $ 800.00 ' 27.00 $ 540.00 $ $ 840.00 30.00 · 600.00 ' Cone P:i.VI, Nonrelnl, 8 inch " $ 35.00 $ 700.00 ' 9,100.00 250.00 $ 8,750.00 $ 200.00 $ 7,000.00 ' 250,00 $ 8,750.00 $ 100.00 $ 3,500.00 ' 250,00 260.00 $ $ '' Cor.,,.,ration Sto", 1 inch "' $ 600.00 $ 8,750.00 600.00 $ 1,200.00 $ ,.200.00 $ 650.00 $ 650.00 $ 450.00 $ 450.00 $ 565.00 $ 565.00 $ 550.00 $ 550.00 Cross, 8 Inch x 8 Inch, DI MJ " ,," ' $ $ 14,427.50 ,1.00 $ 21,690.00 $ 8.00 ' 15,920.00 $ 9.25 $ 18,407.50 ' 7.25 ' 14,427.50 ' Curb and Gutter, Cone, Doi F4, Modltlod 1990 ' 10.00 $ 19,900.00 ' $ 7.25 ' 11,400.00 '' 360.00 $ 10,800.00 $ 200.00 ' 6,000.00 $ 250.00 ' 7,500.00 $ 250.00 ' 7,500.00 ' 9,000.00 380.00 ''" Curb Stoo & Box, 1 Inch " $ 300.00 30.00 480.00 $ 18.00 $ 288.00 $ 9.00 $ 144.00 $ 20.00 $ 320.00 ' 10.00 ' 160.00 ' 10.00 ' 160.00 n Curb, Rom " "' ' $ $ 520.00 $ 1,040.00 $ 400.00 $ 800.00 $ 750.00 $ 1,500.00 $ 500.00 $ 1,000.00 Cut 3nd C3p, 6 Inch Watorma;n " ' 500.00 $ 1,000.00 $ 250.00 ' 500.00 $ 500.00 $ 425.00 $ 2,125.00 $ 100,00 $ 500.00 $ 200,00 $ 1,000.00 ' $ 100.00 ' 300.00 $ 1,500.00 $ 2,500.00 12,500.00 " Dr Structure, Add De-th of 48 ;nch dia, 8feot to 15feet " ' $ 500.00 $ 1,000.00 $ 500.00 $ 1,000.00 $ 330.00 $ 660.00 $ 400.00 $ 800.00 ' 400.00 $ BOO.CO $ 500.00 $ 1,000.00 ",, '"' Dr Structure, Cover, Adlust "" $ 300.00 $ 3,000.00 $ 750.00 $ 7,500.00 ' 200.00 ' 2,000.00 $ 600.00 $ 6,000.00 $ 350.00 ' 3,500.00 ' 500.00 $ 5,000.00 DrSl!'!Jcturo, Rem " $ 400.00 $ 800.00 $ 150.00 ' 300.00 $ 300.00 $ 600.00 ' $ 250.00 $ 500.00 $ 500.00 $ 1,000.00 420.00 $ 840.00 " Or Structure, Ta-, 12 Inch -, ' 9,486.00 ' 25.00 $ 8.500.00 ' ,0,200.00 $ 25.00 $ 8,500.00 27.90 $ " Drlvewa11, Nonreinf Cone, 6 inch '" ' $ $ 25.00 100.00 ' $ 8,500.00 900.00 $ $ 23.40 45.00 ' $ 7,956.00 405.00 $ $ 30.00 95.00 ' $ 855.00 ' 500.00 $ 4,500.00 $ 125.00 's 1,125.00 ' 200.00 $ 1,800.00 '" Erosion Control, Inlet Prolection, Fabric Drop " 1,800.00 ' 1,050.00 3,150.00 $ 900.00 $ 2,700.00 " Gato Valvo, 6 Inch, w!th Box Gate Valve, 8 inch, w!th Box ,." ' ' ' $ 800.00 900.00 $ $ 2,400.00 2,700.00 $ ' 750.00 750.00 $ $ 2,250.00 2,250.00 $ $ 550.00 ,.,,, 715.00 $ $ 1,650.00 2,145.00 $ ' 600.00 750.00 ' $ 2,250.00 $ 1,350.00 $ 4,050.00 $ 1,000.00 $ 3,000.00 " 22,456.20 $ 58.00 $ 22,620.00 $ 57.60 $ 22,464.00 $ 58.00 $ 22,520.00 •' $ 60.00 $ 23,400.00 $ 57.58 $ 22,456.20 $ " HMA,3C Too "" so.oo 24,453.00 62.70 $ 24,453.00 $ 65.00 ' 25,350.00 ' 62.70 $ 24,453.00 $ 63.00 $ 24,570.00 ~.",, Too $ $ 23,400.00 $ 62.70 $ "" HMA,4C "" $ 2,200.00 $ 6.600.00 $ 1,950.00 $ 5,850.00 $ 1,800.00 ' 5,400.00 ' 1,560.00 4,880.00 Hvdrant, 6 Inch, Standard ,.,' $ 2,000.00 $ 6,000.00 ' 1,860.00 $ 5,580.00 ' BOO.CO ' 7,840.00 $ 1,900.00 $ 18,620,00 $ 1,950.00 ' 19,110.00 • 3,500.00 $ 34,300.00 ' $ ' Machine Gradinn $ 1,500.00 $ 14,700.00 1,500.00 14,700.00 " "" ' $ $ 6,000.00 $ 10.00 $ 3,000.00 $ 19.00 $ 5,700.00 $ 15,00 $ 4,500.00 ' 20.00 $ 6,000.00 ' 7,500.00 20.00 "'. Maintenance Gravel, LM 25.00 " Manhole Speclal Detail 's $ 1,500.00 $ 7,500.00 $ ,,100.00 $ 5,500.00 $ 1,500.00 $ 7,500.00 $ 1,900.00 ' 9,500.00 $ 1,650.00 ' 8,250.00 $ 2,500.00 ' 12,500,00 "" 3,250.00 $ 750.00 $ 3,750.00 •' S,000.00 $ 3,650.00 $ 400.00 $ 2,000.00 650.00 $ ' Meter Pit Complete $ 800.00 $ 4,000.00 $ 1,000.00 $ 730.00 2,700.00 $ $ 585.00 $ 3,510.00 $ 500.00 $ 3,000.00 350.00 $ 2,100.00 $ 650.00 $ 3,900.00 ' 445.00 2,670.00 '"' ' 450.00 $ " MH Castinn East Jortlan #1045 er Equal " $ $ ,,.co $ 660.00 $ 10.50 $ 630.00 $ 11.00 $ 660.00 ' 10.50 630.00 ' $ 7.00 $ 420.00 10.SO $ 630.00 •. " Pavt Mrk!I, Ovl., Cold Plastic, 18 inch, sro~ Ber " 960,00 ' 3.50 $ 1,120.00 ' 3.50 $ 1,120.00 $ 4.00 $ 1,280.00 $ 3.50 $ 1,,20.00 ' <00 ' 1,280.00 "" Pall! Mrka, Ovtv Cold Plastic, 6 lnch, Crosswalk PaVI, Rem •.",, "" 3870 ' $ 3.00 5.00 $ $ 19,350.00 $ 2.25 ' 8,707.50 $ 5.00 $ 19.350.00 '' 9.00 $ 34,830.00 s 5.50 $ 21,285.00 8,400.00 $ 10.00 $ 38,700.00 4,000.00 " Prenared Soll and Soed 2000 $ $ 3.00 300.00 $ $ 6,000.00 11,100.00 $ $ 4,00 230.00 $ $ 8,000.00 8,510.00 ' $ 3.50 250.00 ' $ 7,000,00 9,250.00 $ 7.00 255.00 $ $ 14,000.00 9,435.00 ' $ 4.20 260.00 ' $ 9,520.00 $ $ '"" ' 250.00 $ 9,250.00 " Sanitarv SewerW"e, PVC SOR 35, 12 Inch X 6 inch " " $ $ 280.00 ' $ 75.00 $ 375.00 56.00 ' $ 100.00 $ 500.00 $ 65.00 $ 325.00 $ 73.00 $ 365.00 160.00 800.00 " Sanitary Sewer, PVC SOR 35, 10 Inch " ' '" ' 50.00 $ 47,350.00 $ 65.00 $ 61,555.00 $ 38.00 $ 35,986.00 $ 40.00 $ 37,880.00 $ 37.10 $ 35,133.70 $ 46.00 $ 43.562.00 "'" Sanita"' Sewer, PVC SOR 35, 12 inch " $ 25.00 $ 30,525.00 $ 20.00 $ 24,420.00 $ 30.00 $ 36,630.00 $ 33.00 $ 40,293.00 $ 28.00 $ 34,188.00 $ 35.00 ' 42,735.00 Sanita~, Sewer, PVC SOR 35, S lnch "" "'' $ 5,200.00 $ 40.00 's 3,200.00 $ 38.15 $ 3,052.00 $ 45.00 ' 3,600.00 ' $ $ 65.00 ' 3,200.00 30.00 2,400.00 " Sanitarv Sewer, PVC SOR 35, 8 lnch '" $ 40.00 ' $ 200.00 $ 75.00 $ 150.00 $ 250.00 500.00 ' $ 280.00 100.00 ' 100.00 $ 200.00 $ 150.00 300.00 140.00 ~ Sewar Plug, 8 inch " '' ' ' $ 300.00 ' ,..,. 400,00 $ 400.00 $ 300.00 ' 300.00 ' 250,00 395.00 300.00 ' $ $ 395.00 ' $ 250.00 250.00 250.00 "' Sewer Tap, 10 inch " $ $ 350.00 ' ' 450.00 350.00 ' 400.00 450.00 ' $ $ 350.00 $ 435.00 $ 435.00 400.00 ' $ 250.00 250.00 350.00 " Sewer Ta~, 12 lnch " ' $ $ 12,415.00 $ 33.00 $ 6,303.00 $ 40.00 $ 7,640.00 $ $ 5,013.75 $ 45.00 $ 8,595.00 ' 7,640.00 65.00 " Sewer, CL C76 V, 12 inch " "' 40.00 $ s $ 700.00 ' $ 22.00 $ 1,540.00 4.00 $ 2B0.00 10.00 "" Sewer, Rem, U!sslhan 24 inch " ;o $ 7.00 $ 490.00 $ 7.00 $ 490.00 4,900.00 $ $ 5.00 10.00 $ $ 350.00 9,800.00 $ s.oo $ 5,880.00 $ 22.35 $ 21,903.00 $ ,., $ 4,900.00 Sidewalk Ram-, ADA '" "" $ 6.00 $ 5,880.00 $ 5.00 $ $ $ 9,030.00 ' $ 12,900.00 $ 2.55 10,965.00 2.10 '' $ 2.50 $ 10,750.00 $ 2.05 $ 8,815.00 $ 2.50 10.750.00 $ 3.00 '" Sidewalk, Cone, 4 Inch "' "' "'"" s 3.00 2,700.00 $ 2.60 $ 2,340.00 $ 3.50 3,150.00 $ 3.50 $ 3,150,00 $ ' 3.10 2,790.00 $ 2.60 ' 2,340.00 " s;dewalk. Cone, 6 inch ~·, '"" ,.oo $ 3,600,00 $ 6,480,00 $ 5.60 $ 4,032.00 $ <00 $ 2,880.00 $ ' 4.50 3,240.00 ' 9.00 $ 6,480.00 ' $ 9.00 " Sldow:ilk. Rom "" ' $ $ $ 1,075.00 $ 2,150.00 $ 600,00 ' ,,200.00 ' 850.00 $ 1,700.00 $ 400.00 $ 800.00 's $ 300.00 600.00 200.00 400.00 "" St110v0, B inch, Lon~, 01 MJ " '' $ 2,700.00 $ 2,700.00 $ 1,900.00 $ 1,900.00 ' 2,410.00 $ 2,410.00 $ 3,000.00 $ 3,000.00 ' $ 3,000.00 3,000.00 $ 2,500.00 2.S00.00 ,,"" Tapc!na Sleovo and Valvo, 10 inch x 8 inch, With Box 3,200.00 3,300.00 $ 3 ~oo.oo $ 2,930.00 $ 2,930.00 $ 3,500.00 $ 3,500.00 '" Tapplnn Sleeve and Valvo, 16 ;nch x 8 ;nch, With Box ' $ 4,000.00 $ 4,000.00 $ 3,500.00 $ 3.500.00 $ 3,200.00 $ ' ' $ $ $ 2,400.00 $ 400.00 $ 1,200.00 $ 500.00 $ 1,500.00 $ 395.00 $ 1,185.00 400.00 $ 1,200.00 ' 450.00 1,350.00 800.00 "'" Tee, 8 inch X 6 inch, DI MJ Traffic Control ,,cs '' $ 4,700.00 $ 4,700.00 $ 7,642.00 $ 7,642.00 $ 17.000.00 $ 17,000.00 $ 3,000.00 $ 3,000.00 $ 5,500.00 $ 5,500.00 $ 3,600.00 $ 3,600.00 '' $ 1,500.00 ' 6,000.00 $ 495.00 1,485.00 500.00 ' 2,000.00 $ ' 1,455.00 '' 2,100.00 $ 1,755.00 485.00 ' 700.00 $ 585.00 " Tree, Rem, 19 inch to 36 lnch ' $ $ 3,000.00 ' 3,000.00 ' 810.00 $ 810.00 800.00 ' 800.00 ' 1,500.00 $ 1,500.00 $ 940.00 $ 940.00 B00.00 800.00 "" Tree, Rem, 37 inch or Tar er " '' ' 280.00 1,120.00 $ 225.00 $ 900.00 $ 700.00 $ 2,800.00 ' 235.00 $ 940.00 $ 250.00 $ 1,000.00 '' $ 250.00 1,000.00 $ $ Tree, Rem, 6 inch to 18 inch " 30,875.00 14.00 17,290.00 $ $ 40,755.00 $ 13.00 $ 16,055.00 $ 14.00 $ 17,290.00 $ 25.00 $ 30,875.00 ' 1235 $ 25-00 $ 33.00 M W~torServlco, 1 Inch, Cor,por Tope K " 40.00 $ 41,640.00 $ 37.00 $ 38,517.00 $ 33.10 $ 34,457.10 ' 45.00 $ 46,845.00 " Watermaln, DI Ct 52, 8 inch " 1041 $ 37.00 $ 38,517.00 $ 38.50 $ 40,078.50 ' $ 2,016.00 $ 37.00 $ 1,554.00 $ 43.80 $ 1,839.60 ' 40.00 ' 1,680.00 ' 40.00 $ 1,680.00 $ 34.00 $ 1,428.00 48.00 " Watermain, 01 Cl 52, 6 inch " " $ 415.379.50 SUBTOTAL 15% ENGINEERING $ ' 62,306.93 CALCULATION ERRORS I• s 434,486.50 $ 406,407.SS $ 470,139.50 ' TOTAL $ 477,686.43 417,239.20 431,212.70 ::.t:vt:NIH:::;;tHt:t:1,1111u::,I\.C:UUN 1UWt:i,::,lt:H n-11:>;:)f BID TABULATION 05/13/08 CONTFIACTOA MILBOCKER & SONS BRENNER EXCAVATING DAN HOE EXCAVATING JACKSON-MERKEY BOND CONSTRUCTION SCHIPPERS EXCAVATING ADDRESS ENGINEER'S 1256 29TH-ST. 2841132ND AVE. 13664 AOCKY'S RO 555W. WESTERN AVE. 2151 BEVERLY SW 9629 LAKE MICHIGAN OR CITY/ST/ZIP ESTIMATE ALLEGAN Ml 49010 HOPKINS Ml 49328 HOLLAND, Ml 49424 MUSKEGON, M! 49441 WYOMING M! 49509 WEST OLIVE, Ml 49460 ITEM OF WORK ,., UNIT s 900.00 UNITPAICE '"' TOTAL PRICE UNIT PRICE • TOTAL PRICE • UNITPR!CE TOTAL PRICE • ,,, UNIT PRICE TOTALPR!CE UNIT PRICE • TOTAL PRICE UNIT PRICE TOTAL PRICE sso UNIT PRICE TOTAL PRICE ' AQQre<1a1<> Bas0, 6 Inch Catch Basin Special Detail •• • 4.00 <SO •' 4.050.00 1,300.00 •' 5,200.00 5.40 1,200.00 $ 4,860.00 4,800.00 $ $ 4,680.00 4,612.00 $ $ 6.00 $ 1,500.00 $ 6,400.00 5,000.00 4.90 1,820.00 ' $ 4,410.00 7,280.00 $ $ 950.00 $ $ 4,950.00 3,800.00 •' 6.00 1.100.00 $ ' 5,400.00 6,800.00 ' ' CB CastlnQ East Jordan #7045 or Equal ~," • 4.00 $ 650.00 $ 2,600.00 $ $ 550.00 $ 2,200.00 $ 1,153.00 698.00 ' $ 2,792.00 $ 500.00 • 2,000.00 $ $ 416.00 • 1,664.00 $ 500.00 $ 2,000.00 ' 550.00 $ 2,200.00 ' Cone ?avt, Nonreinf, 8 inch Curb and Gutter. Cone, Oet F4, Modj/ied $ 200.00 $ 700.00 $ •• 35.00 10.00 $ •• 7,000.00 7,000.00 ' ,. , ' 27,00 5,400.00 5,250.00 •' 29.00 $ • 5,800.00 6,405.00 $ 32,00 9.00 $ $ 6,400.00 6,300.00 $ • 35.00 9.50 ' $ 1.000.00 6,650.00 • $ 29,00 8.00 • $ 5,800.00 5,600.00 $ • 28.50 7.90 $ $ 5,700.00 5,530.00 ' "" $ $ ' 9.15 $ 100.00 200.00 250.00 $ 500.00 ' Dr Structur<>. Add Dc~th ol 4ll Inch dl<1, 8 le0110 15 feet ' >00 $ 300.00 500.00 $ 600.00 ' 55.00 $ 110.00 820.00 $ . 170.00 ' 340.00 1,050.00 ' 165.00 300.00 •' 330.00 $ 125.00 ' 250.00 590.00 ' 200.00 •' 400.00 ' $ 500.00 $ 1,000.00 '' Or Structure, Cover, Adlust Dr Struc:turo, Reconstruct "" $ $ 2.00 6.00 $ 300.00 $ 1,000.00 1,800.00 $ 410.00 $ • 930.00 • 525.00 $ 1,872.00 $ 350.00 600.00 $ 295.00 690,00 $ ' 4,140.00 '' 200.00 $ 1,200.00 $ 250.00 $ 1.500.00 •• •' 155.00 • 312.00 $ 1,750.00 $ 30.00 ' 2.100.00 $ 330.00 $ 2,310.00 300.00 $ 2,100.00 • 350.00 •• 2,450.00 •' ' DrS!ructun,, Rem 7.00 300.00 2,100.00 260.00 1.020.00 $ 250.00 210.00 $ ' " ~, $ $ $ • $ • •• Driwwav, Nonreinl Cone, 6 !nch $ 50.00 $ 25.00 1,250.00 $ 23.40 $ 1,170.00 $ 28.30 1-415.00 32.00 $ 1,600.00 $ 30.00 1,500.00 $ 24.50 1,225.00 $ 24.60 1,230.00 " • • • 200.00 1,600.00 100.00 $ 800.00 " Erosion Control, Inlet Protection, Fabric Oreo " MO 100.00 ' 800.00 $ 90.00 $ 720.00 $ •• 117,00 $ 936.00 7,078.50 $ 175.00 1,400.00 $ 120.00 $ 960.00 $ 61.00 6,710.00 $ 63.70 $ 7,007.00 " HMA,3C "" $ 110.00 $ 60.00 $ 6,600.00 $ 60.64 $ 6,570.40 64,35 $ $ 61.00 $ 6,710.00 $ 65.00 ' 7,150.00 ' ' $ " " " "" HMA,4C Machine Grad Inc Maintenance Grawl, LM Manhole Special Deta,1 ~- '"" ' '" " $ 110.00 $ $ 100.00 $ 2.00 60.00 3.00 $ 1,500.00 $ • 25.00 $ 1,500.00 $ $ $ • 6,600.00 4,500.00 2.500.00 3,000.00 $ 1,800.00 •• $ •• 69.38 1,400.00 8.00 1,600.00 • $ $ $ •• 7,631.80 4,200.00 $ 800.00 3,200.00 2.000.00 $ $ 73.50 1,534.00 5.00 1,4ll0.00 • • $ •' 8,096.00 4,602.00 500.00 2,960.00 2,252.00 $ •• $ •• 70.00 1,250.00 5.50 2,400.00 $ 400.00 $ $ • 7,700.00 3,750.00 550.00 4,800.00 $ 1,600.00 ' $ $ • n.oo 1.000.00 32.00 1,670.00 290.00 $ $ •• $ 7,920.00 3,000.00 3,200.00 3,340.00 1,160.00 $ $ •• 70.00 2.000.00 25,00 1,500.00 $ 400.00 $ $ • $ 7,700.00 6,000.00 2,500.00 1,600.00 $ $ • 10.00 3,000.00 $ 2,000.00 • 450.00 72.90 1,500.00 •• $ $ • 8,019.00 4,500.00 1,000.00 4,000.00 1,800.00 •' MH CastinQ East Jordan #1045 or EQual <00 450.00 500.00 563.00 Pavt Mrko, Ovlv Cold Plastic, 18 inch, Stop Bar " ' $ 35.00 $ $ 7.00 • 245.00 10.50 357.50 11.15 $ 390.25 11.00 $ $ 385.00 $ 13.00 $ 455.00 $ $ 11.00 $ 385.00 $ 11.00 $ 385.00 " " • 720,00 $ ,.~ $ •' 630.00 666.00 4.00 720.00 720.00 4.00 693.00 " Pav! Mrko, Ov\v Cold Plastic, 6 inch, Crosswalk .,"" $ 180.00 • 3.00 ' 540.00 $ 3.50 ' $ 3.70 $ ' $ •' 4.00 $ ' a.so ' 262.50 ' 3.50 300.00 3.50 252.SO $ " Pavt Mrk~, Waterborne, 4 inch. Yellow Pa\ll,R0m 75.00 $1,220.00 $ $ 1.00 5.00 $ $ 75.00 6,100.00 $ 3.25 2.00 $ • 243.75 2,440.00 $ $ 3.50 3.00 $ 262.50 3,660.00 $ •• ,.., 1.00 $ $ 262.50 1,220.00 $ <00 3.60 $ 4,392.00 ' $ 2.00 $ 2.440.00 $ 6.00 ' 7,320.00 •' $ " • • 4,392.00 3,660.00 " Pr0oared Soll and Sood Class A '"' $1.220.00 •' 3.00 ••' 3,660.00 2.70 3,294.00 $ 2.50 3,050.00 172.00 • •• 1.00 $ 3,050.00 $ 215.00 $ 4.00 $ 1.00 $ 4,880.00 215.00 $ 3.60 1.00 •' 215,00 $ ' 3.00 1.00 ' $ 215.00 •' Rem Curinn Comoound, fer Lonoit Mrko 215.00 1.00 215.00 0.75 $ 161.25 $ 0.80 $ " " ' ' • 750.00 " SeWtlr Bulkhead, 12 inch "•• ' 3.00 ' 150.00 450.00 $ 175.00 ' 525.00 $ 152.00 ' 456,00 $ 300.00 900.00 $ 250,00 750.00 200.00 ' 600.00 $ 250.00 • ' • •• • •• S..Wtlr Tan, 12 inch 3.00 250.00 $ 750.00 ,oo.oo 300.00 152.00 456.00 250,00 750.00 400.00 $ 1,200.00 500.00 1,500.00 4S0.00 1,350.00 ••' $ $ $ $ $ $ " Sewer, CL C76V. 12 inch • 77.00 s 40.00 $ 3,080.00 ••' 25.00 2.002.00 • 28.00 2,156.00 • ,,. 30.00 $ 2,310.00 $ 37.00 $ 2,849.00 $ 70.00 $ 5,390.00 $ 50.00 3,850.00 " " • $ 792.00 1,980.00 $ MO $ 1,188.00 " Sowar, Rem, Less than 24 inch '"" $ 198.00 $ • 7.00 1,386.00 ,.sso.oo 7.00 1,386.00 $ <00 $ 792.00 • $ 841.50 $ 4.00 $ • $ • 10.00 ' 4,018.00 ••' 3,827.50 14.90 4,172.00 14.00 3,920.00 17.00 4.760.00 14.00 3,920.00 $ 14.35 " Stdewalk Ramp, ADA '" ' 280.00 6.00 ' ' 13.67 ' $ '·" •' $ $ • $ •• ' 2.oso.00 2.15 1,720.00 " Stdewalk, Cone, 4 inch $ 800.00 $ 2.50 $ 2,000.00 $ "' • $ 1,640.00 $ $ 2,080.00 $ 3.00 $ 2,400.00 2.75 $ 2,200.00 ,,, 2.60 $ m "" Sidewalk, Cone. 6 inch ,.,'" $ 600.00 $ 3.00 $ 1,800.00 $ 2.60 1.s60.oo ' 3.15 1,890.00 $ 4.00 $ 2,400.00 ' '·" 8.10 ' 1,950.00 $ $ 1,950.00 1,650.00 Sidewalk, Rem $ 150.00 $ 5.00 •• 750.00 $ '·" • 570.00 ' 6.50 $ 975.00 • '50 $ • 225,00 $ ' 1.215.00 $ • !;.oo • 750.00 $ 7.00 $ 1,050.00 " • • Traffic Control 3,000.00 3,000.00 4,383.00 4,383.00 1,900.00 1.900.00 2,500.00 2.soo.00 2,100.00 2,100.00 $ 2,750.00 $ 2,750.00 " 1.00 4,700.00 4.700.00 $ $ $ $ $ $ ' $ SUBTOTAL $ 85,831.00 •• 20'\'o ENGINEERING 17,166.20 TOTAL 102.997.20 $ 74,529.30 BID SUMMARY $ 82,701.25 • 78,949.00 • 91.702.00 $ 85,069.50 $ 90,297.50 I I I 1$ 658,929.63 I s 495,786.70 I I S 522,857.30 I $ 532151.75 $ 556,189.70 I I $ 557,223.00 'S 557 880.00 I I I I I I I I I I I I I I I I l ::,c;V)::N I H ::,1 H.1::1:: I, IIIIU;:>l\,C::UVI\I l U vvc;c,;:, I c;n n-10»1 81D TABULATION 05/13/08 . CONTFIACTOR MCCORMICK SAND, !NC. KAMMINGA & ROOOVOETS FELCO CONTRACTORS, INC WADEL STABILIZATION, INC. OJVERSCO CONSTRUCTION AOORBSS ENGINEER'S 5430 RUSSELL RD. 3435 SROADMOORAVE. SE 856 PULASKI AVE. 2500 N. OCEANA OR. 675 CLYDE CTSW CITY/ST/ZIP ESTIMATE TWIN LAKE. Ml 49457 GRANO RAPIDS M! 49512 MUSKEGON, Ml 49441 HART Ml 49420 BYflONCENTER M!49315 arr TOTAL PRICE UNITPRlCE TOTAL PRICE ITEM OF WORK ,,, UNIT s s UNIT PRICE TOTALPR!CE 4.50 4,050.00 UNIT PRICE '·" TOTAL PRICE $ 5,310.00 s UNIT PRICE 5.30 TOTAL PRICE s 4,170.00 UNIT PRICE s 5.90 s TOTALPR!CE 5,310.00 UNIT PRICE s 6.75 $ 6,075.00 $ 6.00 $ 5,400.00 ' Annrenate Base, 6 inch Catch B~stn Special Detail "' $ 900.00 4.00 s 1,300.00 $ $ 5,200.00 's 1,100.00 $ 4,400.00 s 1,150.00 s 4,600.00 s 1,000.00 s 4,000.00 s 1,350.00 $ 5,400.00 $ 2,000.00 $ 8,000.00 ' ,.oo s s 2,000.00 s 615.00 s 2,460.00 s 600.00 s 2,400.00 s 550.00 s 2.200.00 s 750.00 s 3.000.00 '' CB Cast;no East Jordan #7045 er Equal .::one Pavt, Nonrelnt, B Inch "' ~·, $ $ 200.00 $ 650.00 35.00 's 2,600.00 7,000.00 s 500.00 21.00 's 5,400.00 $ 42.00 s 8.400.00 $ 30.00 $ 6,000.00 s s 31.50 s s 6,300.00 s s 21.00 s s 5,400.00 $ 700.00 $ 10.00 s 7,000.00 s 7.50 s 5,250.00 $ 11.00 $ 7.700.00 $ 9.00 s 6,300.00 10.50 7,350.00 7.50 5,250.00 •' Curb and Gutter, Cone, Del F4, Modified Dr Structure, Add Dee th of48 lnch dla, 8foe110 15feet "" s 2.00 $ 300.00 s 600.00 s 350.00 s 700.00 $ 100.00 $ 200.00 $ 325,00 $ 650.00 $ 100.00 s 200.00 s 200.00 s 400.00 e, s s s 1,000.00 330.00 $ 660.00 $ 400.00 $ 800.00 $ 400.00 s 800.00 s 500.00 $ 1,000.00 '• Dr Struc11.m,, Cover, Ad"ust Dr Structure, Reconstruct " e, s 2.00 6.00 $ $ 500.00 300.00 s 1,000.00 1,800.00 ' $ 500.00 750.00 s 4,500.00 $ s 150.00 $ 900.00 $ 400.00 s 2,400.00 s s 450.00 s 2,700.00 $ 200.00 's 1,200.00 s s s 5,600.00 s $ 1,400.00 500.00 s 3,SM.00 350.00 $ 2,450.00 $ 500.00 3,500.00 ' Or Structure, Rom 7.00 $ 300.00 2,100.00 $ 800.00 s s 200.00 's s s 1,200.00 " Drlvewav, Nonrelnl Cone, 6 Inch '"' $ s 50.00 $ 25.00 $ 1,250.00 $ 23.40 s 1,170.00 s 30.00 's 1,500.00 s 28.00 s 1,400.00 4,000.00 33.65 $ 1,682.50 ' 24.00 200.00 ' $ 1,600.00 's 45,00 360.00 95.00 760.00 500.00 125.00 $ 1,000.00 $ " Erosion Control, Inlet Proiect;on, Fabric Drop "' s 8.00 ,10,00 $ 100.00 60.00 ' 800.00 6,600.00 $ 60.64 $ 6,670.40 s 60.64 's 6,670.40 s 61.00 s 6,710.00 60.65 s 6,671.50 ' 61.00 $ 6,710.00 " HMA, 3C Too s 's 's $ s s s s s 'ss $ 69.38 7,631.80 70.00 7,700.00 69.40 7,634.00 70.00 $ 7.700.00 " HMA,4C Machine Gradlnn Too '" ,., $ 110.00 3.00 60.00 $ 1.500.00 $ 6,600.00 4,500.00 's 69.38 1,500.00 $ 7$31.80 4,500.00 s 1,200.00 s 3,600.00 s 1,1100.00 s 5,400.00 s 5,500.00 s 16,500.00 s 5,000.00 15.000.00 " Maintenance Grave!, LM ,, s 100.00 s 25.00 $ 2,500.00 s 20.00 $ 2.000.00 s 10.00 s 1,000.00 s 19.00 s 1,900.00 s 12.00 s 1,200.00 20.00 s 2,000.00 " s s s 2,200.00 s 1,300.00 s 2,600.00 s 1,900.00 s 3,800.00 s 1,650.00 $ 3,300.00 $ 3,000.00 s 6,000.00 "" Manhole S"eclal Detail MH Castine East Jordan #1045 or Equal " s $ 2,00 4.00 s 1.500.00 450.00 s 3,000.00 1,1100.00 s 1.100.00 445.00 ' $ 1,780.00 s 585.00 s 2,340.00 s 500.00 s 2,000.00 s 350.00 ' 1,400.00 s 650.00 s s 11.00 s 2,600.00 35.00 $ 7.00 s 245.00 s 10.50 $ 367.50 s 10.50 s 367.50 s 11.00 s 385.00 s 10.50 $ SITT.SO 385.00 '" "'" Pavt MrTm, OVI" Cold Plastic, 18 Inch, $top Bar Pavt Mrk", Ovl" Cold Plastic, 6 lnoh, Crosswalk R" $ $ 180.00 $ 3.00 s 540.00 s 3.50 s 630.00 $ ,,, 3.50 s 630.00 $ 3.50 s ,.,.,, 630.00 s 3.50 s 630.00 s ,.oo s 720.00 s s s s s s ' '·" 243.75 4.00 $ 300.00 ,., 1.00 75.00 3.25 243.76 $ 243.75 $ 3.50 ' ~, ' Pavt Mrk", Wa!ertlorne, 4 !noh, Yellow R 75.00 $ Pavt, Rem $1,220.00 $ 5.00 s 6,100.00 s 3.00 s 3,660.00 $ 3.00 s 3.660.00 $ 10.00 $ 12,200.00 $ 7.00 s 8,540.00 s 10.00 $ 12.200.00 " s s 4,270.00 <00 $ 4,880.00 $ $.SO s 6,710.00 s 2.00 $ 2,440.00 '' ?repared SoH and Seed Class A $1,220.00 $ 3.00 3,660.00 $ 4.00 $ 4,1180.00 3.50 $ " s s s " s s s $ 215.00 0.75 161.25 $ 1.00 $ 215.00 " Reni Curfnn Comnound, lor Lone It Mrke 215.00 $ 1.00 215.00 $ 0.75 161.25 0.75 161.25 's 1.00 s s ""' ss 1,275.00 250.00 750.00 $ 300.00 $ 900.00 "" Sewer Bulkhead, 12 ;nch 3.00 $ s 150.00 ' 450.00 $ s 150.00 $ 450.00 ' 325.00 's 975.00 1,305.00 s 425.00 $ s 250.00 s 750.00 $ 300.00 $ 900.00 Sewer Tap, 12 inch 3.00 s 250.00 $ 750.00 350.00 $ 1,050.00 $ s 435.00 s s 400.00 's 1,200.00 s s s s " ss ,ss.oo 3,080.00 5,005.00 33.00 2,541.00 40.00 3,080.00 49.00 3,773.00 55.00 4.235.00 " Sewer, CL C76 V, 12 Inch 77.00 s 40.00 7.00 $ $ 1,366.00 's 65.00 8.00 $ $ 1,584.00 s S.00 s 990.00 s 17.00 s 3,366.00 s 3.00 $ 594,00 s 10.00 $ 1,980.00 ~ Sewer, Rem, Loss than 24 Tnch " s s 6.00 1.680.00 $ 13.67 $ 3,827.60 s 10.00 s 2.800.00 s 4.00 s 1,120.00 s 22.35 $ 6,258.00 s 14,00 s 3,920.00 " Sldomi!k Ramp. ADA "' s 260.00 s ' 2,000.00 s 2.05 $ 1,640.00 s WO ,,, s 2,000.00 $ 4.00 s 3,200.00 s 2.95 $ 2,360.00 s 2.25 s 1,800.00 "'" Sldemilk, Cone, 4 inch "'"' s 800.00 s 2.50 ' 1,800.00 s 2.50 s 1,560.00 s s 2,100.00 's 5.00 s 3,000.00 $ 3.85 s 2,310.00 s 2.60 $ 1,560.00 Sldemilk, Cone, 6 Jnch ~, s 600.00 3.00 ' 750.00 s 9.00 s 1.350.00 s 5.60 s 840.00 5.00 s 750.00 $ 4,50 $ 675.00 s MO s 1,350.00 " " s;dewalk, Rem Traffic Contrel cs $ 150.00 1.00 $ 5.00 $ 4,700.00 's 4,700.00 s 6,995.00 s 6,995.00 $ 9,120.00 s 9,120.00 s 2,000.00 s 2,000.00 $ 4,500.00 s 4,500.00 s 2.S00.00 s 2,500.00 SUBTOTAL s 85,831.00 20% ENGINEERING s 17,166.20 CALCULATION ERRORS TOTAL s 102,997.20 IS 93,976.30 $ 89,195.70 $ 101,833.50 s 111,485.50 s 111,365.00 BID SUMMARY $ 658,929.63 $ 578 001.40 s 588,557.BO $ 605,665.00 s 612,137.651 Ts 674,234.50 I I I I I I I I I I I I I I I I ' Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Acceptance of an Easement from Betten SUMMARY OF REQUEST: Accept a sanitary sewer easement from Betten within which the existing sanitary sewer line will be relocated as part of the Betten development on the east side of Henry street as per the attached descriptions and drawing. Furthermore, if acceptable, direct staff to record said easement. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None at this time. STAFF RECOMMENDATION: Accept easement and direct staff to record. COMMITTEE RECOMMENDATION: SANITARY SEWER EASEMENT ---- ··-, THIS EASEMENT is granted this 21 st day of April, 2008, by /;17--~rc,: ,_,,,. (:{;e://7.1,'-- . whose address is 2474 Henry Street, Muskegon, Michigan, 49441 hereinafter referred to as "Grantor," to the City of Muskegon, a Michigan municipal corporation, whose address is 933 Terrace Street, Muskegon, Michigan, 49443 hereinafter referred to as "City"; WITNESS ETH: For a consideration of One and no/100 ($1.00) Dollar paid to Grantor, the receipt of which is acknow!edged, the Grantor grants to City, its successors and assigns, a non-exclusive, perpetual easement over, under, through and across a certain parcel of land situated in the City of Muskegon, County of Muskegon and State of Michigan, the parcel ofland being owned by Grantor in fee simple as follows: See attached Exhibit A. The easement shall consist of a portion of the above described parcel of property designated as: See attached Exhibit B. This Easement is exempt from transfer tax by reason ofMCL 207.526, Section 6(a); and MCL 207.505, Section 5(a). The easement and right-of-way granted to the City shall be for the purpose of the construction and installation of sanitary sewer through and across the Easement. TERM: The easement under, through and across the Easement for the use and benefit of City, its successors and assigns, shall be perpetual. AUTHORITY: Grantor warrants that they have the right and authority to grant this easement as above-described and own the lands covered by the Easement. INDEMNIFICATION: City agrees to fully defend, indemnify, save and keep harmless the Grantor from any and all claims for damage to real and personal property and injuries or death suffered by persons in any manner caused by or growing out of or in any way connected with the construction, installation, repair, maintenance or presence of the sanitary sewer, over, under and across the parcel of land of Grantor. The Grantor has caused this Easement to be signed the day and year first above written. This instrument shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, representatives, successors and assigns. By: GRANTOR(S) STATE OF MICHIGAN ) ) ss. COUNTY OF MUSKEGON ) Acknowledged before me in Muskegon County, Michigan, on _LA;--".£','1~,,."'-'-;"--/__'=-),._I_ ___, ,by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~ ---) --? / / Sign here: ~ 0~ Type here: Notary Public 7,,-<. <-cs· N,,..,- County, Michigan My Commission Expires: /~ L- z_c,r-.___ Acting in Muskegon County, Michigan Prepared by: Westshore Consulting Return to: City of Muskegon Engineering Department 93 3 Terrace Street Muskegon, MI 49443 EXHIBIT A LEGAL DESCRIPTION OF PARCEL PARCEL!: THAT PART OF THE NORTH 22 RODS OF THE SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 31, TOWN I0NORTH, RANGE 16 WEST, DESCRIBED AS FOLLOWS: COMMENCE 33 FEET EAST AND 333 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER, THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF SOUTHWEST FRACTIONAL QUARTER 456. 16 FEET, MORE OR LESS, TO A POINT 250 FEET WEST OF THE WEST RIGHT- OF-WAY LINE OF THE NORTON-GLADE EXPRESS HIGHWAY, THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID HIGHWAY 30 FEET, THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF SOUTHWEST FRACTIONAL QUARTER, A DISTANCE OF 250 FEET TO THE WESTRIGHT-OF-WAYLINETOTHENORTON-GLADEEXPRESSHIGHWAY,THENCENORTHALONGTHE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 200 FEET, THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF SOUTHWEST FRACTIONAL QUARTER250 FEET, THENCE SOUTH PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF THE NORTON-GLADE EXPRESS HIGHWAY, 140 FEET, THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF SOUTHWEST FRACTIONAL QUARTER 450.16 FEET, MORE OR LESS, TO A POINT 33 FEET EAST OF THE WEST LINE OF SAID SECTION 31, THENCE SOUTH 30 FEET TO THE PLACE OF BEGINNING. PARCEL II: ALL THAT PART OF THE SOUTH 250 FEET OF THE NORTH 613 FEET OF THE SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN WHICH LIES WEST OF A LINE 100 FEET WEST OF, MEASURED AT RIGHT ANGLES AND PARALLEL TO THE CONSTRUCTION CENTERLINE OF HIGHWAY US-16 AND US 31, THE CONSTRUCTION CENTERLINE OF HIGHWAY US-3 l AND US-16 IS DESCRIBED AS: BEGINNING AT A POINT 474.31 FEET SOUTHOFTHENORTHQUARTERCORNEROFSECTION7, TOWN9 NORTH, RANGE 16 WEST, NORTON TOWNSHIP, MUSKEGON COUNTY, MICHIGAN; THENCE NORTH 88 DEGREES 54 MINUTES WEST, 319.l l FEETTOTHEPOINTOF CURVE OF A 05 DEGREE45 MINUTE CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF THE CURVE 1572.17 FEET TO THE POINT OF TANGENT; THENCE NORTH 01 DEGREE 30 MINUTES EAST 4927.39 FEET TO A POINT OF DEFLECTION; THENCE ONE DEGREE 06 MINUTES 50 SECONDS EAST 2600 FEET TO A POINT OF ENDING. PARCEL III: PART OF THE NORTH 22 RODS OF THE SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST, MUSKEGON COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: COMMENCE 33 FEET EAST 363 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHWEST FRACTIONAL QUARTER, OF THE SOUTHWEST FRACTIONAL QUARTER, THENCE EAST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER A DISTANCE OF 456.16 FEET MORE OR LESS TO A POINT 250 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF THE NORTON- GLADE EXPRESS HIGHWAY, THENCE NORTHERLY PARALLEL TO SAID WESTRIGHT-OF-WAYLINE OF SAID HIGHWAY 30 FEET, THENCE WEST PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST FRACTIONAL QUARTER OF THE SOUTHWEST FRACTIONAL QUARTER, 456.16 FEET TO A POINT 33 FEET EAST OF THE WEST LINE OF SAID SECTION 31, THENCE SOUTH 30 FEET TO PLACE OF BEGINNING. ALSO TOGETHER WITH THE FORMER DOO DROP INN PROPERTY WHICH IS DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE, 33 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL l/4 OF THE SOUTHWEST FRACTIONAL l/4 OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST; THENCE SOUTH, PARALLEL TO THE WEST LINE OF SAID SECTION, 303 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE, 456.76 FEET; THENCE NORTH 303 FEET; THENCE WEST 456.76 FEET TO THE POINT OF BEGINNING. ■ ~:~~~:~~s?1~!~ EXHIBIT 8 FOR: BETTEN CHEVROLET A SANITARY SEWER EASEMENT BEING THE NORTH 40.00 FffT OF THE EAST 456.76 FffT OF THE WEST 489.76 FffT, AND THE EAST 45. 00 FffT OF THE WEST 78.00 FffT OF THE NORTH 613.00 FffT OF THE SOUTHWEST ¼ OF THE SOUTHWEST FRACTIONAL ¼ OF SECTION 31, TOWN 10 NORTH, RANGE 16 WEST, CITY OF MUSKEGON, MUSKEGON COUNTY, MICHIGAN. WEST f/4 CORNER! SEC. .Jf-10-16 l NORTH LIN£ OF THE SOUTHWEST r/4, PULASKI DRIVE OF THE SOUTHWE:ST 1/4, PER Pl.AT OF GREGORY ADO. NORTHWE:ST CORNER (27.15' PUBLIC R/W) TO CITY OF MUSKEGON HE/GlllS OF TH£ SOUTHWeST D=456.76' L. 7 OF PlATS P. 5 FRACTIONAL 1/4, SANITARY SE:WfR EASE/JENT OF THE SOUTHW£ST FRACTIONAL 1/4 r J ~ 8 " Q •s 0=706.0± SOUTHWEST CORNER SEC. .Jf-10-16 ~I AS A PROFESSIONAL U.NO SURVEYOR OF THE STATE OF MICHIGAN, I DO HEREBY CERTIFY THAT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE AND BELIEF, I HAVE SURVEYED THE PROPERTY AS DESCRIBED AND SHOWN HEREIN AND THAT THERE EXISTS NO VISIBLE ENCROACHMENTS ON SAID PROPERTY UNLESS NOTED AND THAT THIS SURVEY WAS PREPARED IN ACCORDANCE WITH A DESCRIPTION FURNISHED BY OTHERS ANO SHOULD BE COMPARED TO THE ABSTRACT Ji::- w,:=, ~-" OF TITLE OR TITLE POL/CY FOR ACCURACY, EASEMENTS, OR EXCEPTIONS. THIS SURVEY DOES NOT EXTEND TO ANY UNNAMED PERSON WITHOUT ~ STEPHEN. VALUER ' ~,-''.ro~ SURVEYED BY: P.S. NO. 28428 DATE: ORN BY: BJA 2534 BlACK CREEK ROAD MUSKEGON Ml. 49444 OEEOS PREPARED UTILIZING THIS LEGAL PHONE : (231 )777-3447 DESCRIPTION FOR CONVEYANCES MUST FAX : (2J1)71J-J45J MEET THE REQUIREMENTS OF SECTION 109 @ COPYR!Gl-ff 2008 SHEET 1 OF 1 PARAGRAPH 3 ANO 4 OF P.A. 591 OF 1996. Commission Meeting Date: May 27, 2008 Date: May 20, 2008 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Department RE: Consumers Energy Grant I Muskegon Unity Academic Olympics SUMMARY OF REQUEST: To approve for the Mayor and the City Manager to sign the grant application to the Consumers Energy Foundation for assistance with the proposed First Annual Muskegon Unity Academic Olympics for students in grades K through 8 with strong emphasis on students who attend Muskegon Public Schools. In partnership with the Muskegon Public Schools, the CNS office, along with several other community stakeholders, is proposing to sponsor an academic competition for Muskegon Public School students in grades K through 8. The competition will be designed to be interactive, as well as educational, with emphasis in the four disciplines: math, language, social studies and mechanical/technology. It is hoped that this event will be a primer for the MEAP test that students will be required to take in September, upon returning to school. The event is scheduled to take place in August, if the necessary funds are raised. This event is hoped to be an illustration on how the community can come together with our different resources to improve and showcase the educational achievements of our young people. The CNS office has obtained confirmed financial commitments from Community Shores Bank, Mercy General Hospital and the Muskegon Community Foundation. In addition, Michigan State Extension and the Muskegon County Family Court have also expressed their support. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: To direct the Mayor and City Manager to sign the grant application. STAFF RECOMMENDATION: To approve the CNS office request. COMMITTEE RECOMMENDATION: None Proposed First Annual Muskegon Unity Academic Olympics Sometime in August, the City of Muskegon Community and Neighborhood Services office is proposing to partner with several service providers, the education community, local businesses, the religious community, financial community, local industry and just plain citizens to sponsor the First Annual Muskegon Unity Academic Olympics. The purpose of the proposed project is to have four (4) components: first, the students will be competing in at least four different academic areas: math, reading, social studies, mechanical/technology and language. The second component is to show the children how important the entire community feels about them reaching their academic potential. The third component is for the program to be a Community Development project by showcasing students doing something positive as it relates to education. The last, and probably one of the most important components, is that the competition can be a primer for the M.E.A.P test that the students will be required to take in September when they return to school. It is hoped that we can bring a cross-section of the community together to produce this important program. In fact, we hope that a small contribution from several different entities in the community will produce an economy of scales situation where this project can become a community tradition. We would like to concentrate on recruiting students from the main central neighborhoods of Nelson, McLaughlin, Angell, Marquette and Jackson Hill. Any student who attends MPS will be eligible to compete. Tentatively, we are currently looking at students in grades K-through 8th . Any student who does not attend MPS will be required to pay a $10.00 entry fee. The 15 \ 2nd , and 3 rd place winners in the respective grades will receive a gold, silver or bronze medal and all participants will receive I-shirts about the program and possibly some type of certificate. As mentioned earlier, it is hoped that a cross-section of judges will be recruited throughout the community who reflect the diversity of the community, especially minority men. Some of the potential sponsors are: • City of Muskegon • Huntington Bank • Dept. of Human • Community Foundation • Comerica Bank Services • Muskegon Public Schools • Bank of • Local Churches • Muskegon Community America • United Way College • Fifth Third Bank • West Michigan Steel • Mercy General Hospital • Community • Unions • Consumers Power Shores Bank • Sororities and • Hackley Library • Great Start Fraternities Not only will the games have an educational base, but also be somewhat interactive and fun. It is hoped that the games will motivate some students, who may not be motivated at home, to the importance of education. It is also hoped that some mentor- ships may be established from participating in this project. One of the sites that would probably be an excellent location to hold the event is Nelson School field, although there are other areas that will fit our needs also. We have a potential contractor to work with who is interested in putting this together for us. We hope to have some assistance from instructors at each grade level to assure that the students will be competing on material that is grade appropriate. As the City of Muskegon transitions from an old to new economy, it is crucial that we transition as many of our residents as possible to our positive future. COMMON GRANT APPLICATION COVER SHEET Date of Application: --"-M=a~y~9c..,-=2=00,,_9,,___ _ _ _ _ __ Legal name of organization applying: City of Muskegon Community and Neighborhood Services (Should be same as on IRS determination letter and as supplied on IRS Form 990.) Year Founded: ~18~5~9~_ _ _ _ _Current Operating Budget: $ 984 207 Executive Director: Bryon L. Mazade Phone number: (231) 724-6924 Contact person/title/phone number (if different from executive director) Wilmern G. Griffin, Director of Community and Neighborhood Services (231) 724-6963 Address (principal/administrative office): -"-93"'3"---'-T=er"-r=ac=e=-=S.,,.tr=ee"'t,___ _ _ _ _ _ _ _ _ _ __ City/State/Zip: Muskegon, Ml 49440 Fax Number: /231) 726-2501 E-mail Address: wilmern.griffin@postman.org List any previous support from this funder in the last 5 years: --'N"'/c.c.A,___ _ _ _ _ _ _ _ __ Project Name: _First Annual Muskegon Unity Academic Olympics _ _ _ _ _ _ _ _ _ __ Purpose of Grant (one sentence): To promote the importance of education in a fun and interactive way for students in grades K through 8th , with a strong concentration of students living in the central neighborhoods, which have the highest percentage of low/moderate income residents and minorities. The demographics show this population is at risk of many of the negative factors that could have a devastating effect on the long term economy, as well as the quality of life of the community and the individuals; factors like High School dropouts, un/under-employment iust to name a few. Dates of the Project: August 23, 2008 Amount Requested: $_5=0=00=·=00~----- Total Project Cost: $~2=5~0=0~0~--------- Date Date Bryon L. Mazade, City Manager Typed Name and Title MICHIGAN STATE UNIVERSITY EXTENSION May 15, 2008 Wilmern Griffin Community and Neighborhood Services City of Muskegon 93 3 Terrace Street Muskegon, MI 49443-0536 Dear Mr. Griffin, This is a Jetter of suppo1t for the First Annual Muskegon Unity Academic Olympics. An interactive and fun event to promote academic excellence would be beneficial for our youth, families and community in the city of Muskegon. The 4-H Program creates fun, educational environments and opportunities that build strong, healthy, and responsible youth. 4-H also strives to advance the 4-H Youth development movement to build a world in which s youth and adults can learn, grow and work together as catalysts for positive change. We assist volunteer leaders and other members of the community by providing resources, support, and training to help young people gain meaningful educational experiences. Muskegon County Our program will assist your effo1t by providing resources to help MSU Extension enhance academic, college, career and community development for 97 E. Apple Ave. Muskegon, Ml 49442 youth. If you have any questions, please contact me at (231) 724-4738 or coxf@msu.edu. (231) 724-6361 Fax: (231) 724-4409 E-Mail: muskegon@msu.edu Sincerely, _/( ' . Michigan State University fw,u,lv?{ Extension programs and materials are open to all without Frank Cox regard to race, color, national origin, gender, religion, age, Michigan State University Extension- Muskegon County disability, political beliefs, sexual 4-H Extension Educator orientation, marital status, or family status. Michigan State University, U.S.Department of Agriculture, and counties cooperating. MSU is an affirmative-action, equal- opportunity employer. USKEG()N Public Schools _ _ _ _ _ The best for every child, every day. _ _ _ __ Supednrendent's Office• 349 W. Webster Avenue Muskegon. Ml 49440 • 231-720-200 I • FAX 720-20.'iO • TTY 720-2066 May 10, 2008 To Whom It May Concern: This letter of support is written in regards to the City of Muskegon initiative to offer the first Annual Muskegon Unity Academic Olympics. The intent of the initiative is to provide students who live within the boundaries of the Ci1:,, of Muskegon with a summer experience that will be meaningful, recreational, and productive Muskegon Public Schools fully supports this effort. Muskegon Public Schools serves a high needs student body. fifty seven percent of our smdents are eligible for Free or Reduced lunch programs. This makes it clear that many of our students are eco11omically disadvantaged. As a result, many of our students will have relatively few organized experiences during the summer. Whatever can be done to add an experiential component to the summer is of value to thousands of our students. The cask of educating the students of the City of Muskegon is challenging. Muskegon Public Schools cannot do it alone. We need the involvement ofom many partners. The City of Muskegon has been a valuable partner on many initiatives. The partnerships have always been positive and produc1ive. Consequently, l have no hesitation in supporting this new effort from them. Respectfully, C~4~ Colin Armstrong S uperintendem le 'f fh~ p,,1l1cy nf the. l'uhh,: ~chnnl~ ,,( the C.,ry nl [\h::.k~g11r. th~t nu pa.,u1, ,,h.ill, ,w ll\L' b~~I: uf r.:ict. tolor, rtl..1gjon. 02.Uotml ori~n 01 an(C/.Cf'.". fcX. ape. dio~bliiry, \-teigll.i. wc1i:;ht, 0r matit:,.i H:,r,11 be c}:(llicic.J from f~:'I.J"cicipr,cio11 in. be dcniKl rh,· bcf\cfo~ of_ er b:.: :,ut,j<•cn:(1 {" (l,~cnm,n::itinn /11.1rini; :i.nr pnigr;;m or ·actw,ri r,r ir. ~mp\onn..:nt Ii 1·0,u f<.:d ~•,,u h,,·.-l b.:1:1\ <l.i:.c:rirflll'\:-.t(J ~>=:a.inn. pk:c~l ,·0111:,c-1 tlk Offic, r./ L.~t h,;.i_;~\~-c,i !;,,.,~~ttitltti)cicn•_ ~,{ e-l1•1"'n R~•(H.1.-CC'', ,)4~ W' \'(rbsrr.,· :h•n111<.. rs-1:1.sb,!"1.~. i\!I ~fJ,1,ic .·::· :_' -:..'< 1 2(1-'1,; W:IJe G:ircuit G:ourt for tbr ~' ' " < jfourteentb J{ullicial G:irmit of jill\iciJig1111 jfmnilp tlBi\Jil.iion FAMILY DIVISION JUDGES FAMILY DIVISION ADMINISTRATION Hon. John C. Ruck, Chief Circuit Judge Eric Stevens, Administrator Hon. William C. Marietti, Presiding Judge Paul M. Wishka, Administrator Hon. Neil G. Mullally Hon. Gregory C. Pittman FAMILY DIVISION SUPERVISION Thomas Cartwright CIRCUIT COURT ADMINISTRATOR Bruce Dempsey Patricia A. Steele Luann Kenrick May 16, 2008 Robert Jackson Paul E. Martin Mr. Wilmern Griffin Director of Community/Neighbor Services City of Muskegon 933 Terrace Street Muskegon, Mi 49442 Dear Mr. Griffin: Please accept this letter as an endorsement of the proposed First Annual Muskegon Unity Academic Olympics event sponsored by the City of Muskegon, The Family Division has worked closely with Muskegon Public Schools (MPS) through th the Family Resource Centers over the past three years. The 14 Circuit Comt - Family Division remains committed to working with MPS and the City of Muskegon to provide opportunities for children and families to experience success in the educational environment. Through our experience we have learned that it is necessary for the community to step forward to provide opportunities for children to experience success. I extend my congratulations to the City of Muskegon for taking a leadership role in the planning for this event. It demonstrates a commitment to providing unique opp01tunities for our community youth. Please let me !mow we how can fmther assist in the development of the concept. cer y, ;J 71{ au] M. Wishka f//44__ Deputy Family Division Administrator Michael E. Kobza Hall of Justice • 990 Terrace Street • Third Floor • Muskegon, Ml 49442 Juvenile Division Neglect/Abuse (231) 724-6234 • Fax (231) 724-1108 Friend of the Court (231) 724-6421 • Fax (231) 724-1108 Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Finance Director RE: First Quarter 2008 Budget Reforecast SUMMARY OF REQUEST: At this time staff is requesting approval of the First Quarter 2008 Budget Reforecast which outlines proposed changes to the original budget that have come about as result of changes in policy priorities, labor contracts, updated economic conditions, or other factors. FINANCIAL IMPACT: The biggest change is an adjustment of projected income tax revenues from $6.9 million to $7.2 million. This upward adjustment is based on an analysis of recent collection history and allows us to eliminate from the 2008 budget the projected transfer of $300,000 from the Budget Stabilization fund. other revenue items are generally on target with projections as are most operating budgets. We are, of course, hopeful that the Governor's proposal to increase revenue sharing by four percent is successful. This would impact the last three payments (of six) for the City's 2008 fiscal year. Significantly, employee healthcare coverage was renewed at a 6% increase which is within our budget projection. Aside from income tax, the other significant changes to the 2008 budget included in the first quarter reforecast are in the area of capital improvements. Most of these changes reflect the reallocation of costs due to failed/withdrawn special assessment projects. BUDGET ACTION REQUIRED: Self-explanatory. STAFF RECOMMENDATION: Adopt the Budget Reforecast as previously submitted by staff. COMMITTEE RECOMMENDATION: There is no committee recommendation at this time. Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Resurfacing of Western Ave. between Third & Terrace SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Fleis & Vandenbrink (Engineer) & Milbocker & Sons (Contractor) to share in the cost of milling & resurfacing of Western Ave between Third & Terrace in an effort to remove the unexplained edge cracking which was discovered shortly after the initial pavement. Under this proposal, the City will contribute 25% of the estimated $53,000 cost. After over a year of evaluation, no one appears to understand the cause of the pavement failure but all recognized the need to participate in the corrective measure being proposed. FINANCIAL IMPACT: The City share of the estimated cost is $13,250. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Authorize staff to enter into an agreement with the contractor & engineer to perform the repairs. COMMITTEE RECOMMENDATION: Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids for: Beidler Street, Laketon to Southern (H-1577) SUMMARY OF REQUEST: Award the Beilder construction contract to Milbocker & Son out of Allegan since they were the lowest responsible bidder with a total bid price of $520,531 .21, see attached bid tabulation. FINANCIAL IMPACT: The construction cost of $520,531 .21 plus engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Milbocker & Sons. COMMITTEE RECOMMENDATION: Commission Meeting Date: May 27, 2008 Date: May 14, 2008 To: Honorable Mayor & City Commission From: Planning & Economic Development Department c.13::- RE: Public Hearing and Resolution Revoking the IFT Certificate - Beckstrom Mold Technologies. SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, the City of Muskegon requests that the real property component of the Industrial Facilities Exemption Certificate issued to Beckstrom Mold Technologies be revoked due to delinquent taxes. The certificate was issued in 1997 and gave the company a six (6) year exemption on personal property and a twelve (12) year exemption on real property. FINANCIAL IMPACT: The company will reimburse the abated taxes. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To hold a public hearing and authorize the Mayor and Clerk to sign the resolution revoking the real property component of IFT certificate No. 97-407. COMMITTEE RECOMMENDATION: None. Resolution No. 2008-4 7 (a) MUSKEGON CITY COMMISSION RESOLUTION REVOKING THE REAL PROPERTY COMPONENT OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE NO 97-407 BECKSTROM MOLD TECHNOLOGIES WHEREAS, The City of Muskegon issued an Industrial Facilities Exemption Certificate to Beckstrom Mold Technologies in 1997; and WHEREAS, a signed Tax Abatement Contract between Competitive Beckstrom Mold Technologies, and the City of Muskegon took effect on June 23, 1997. Section 3.6 of the Contract states that the failure to pay any and all taxes and assessments levied on the Company's property will event in default. WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in 2010 for real property; and WHEREAS, appropriate certified notice has been sent to Beckstrom Mold Technologies, on May 16, 2008, notifying the company of the intent to revoke the real property component oflndustrial Facilities Exemption Certificate No. 97-407. NOW THEREFORE BE IT RESOLVED by the Muskegon City Commission that Industrial Facilities Exemption Certificate No. 97-407, for Beckstrom Mold Technologies, is revoked. Adopted May 27, 2008. Ayes: Shep he-rd, Spataro, Warmington, Wierengo, Wisneski, Carter, and Gawron Nays: None Absent None By: Attest: --'-.1-"-'c..::,.J..,.__,'--->JAL"""'\'--~ Ann Marie Becker City Clerk 2008-47(a) CERTIFICATION I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on May 27, 2008. \\ By~/N~ \l~,J(A,\ Ann Marie Becker City Clerk CITY OF MUSKEGON LEGAL NOTICE NOTICE IS HEREBY GIVEN that a public hearing will be held concerning the revocation of the real property component of an Industrial Facilities Exemption Certificate for Beckstrom Mold Technologies, 771 Access Highway, Muskegon, Michigan, and the repayment of an amount equal to the taxes previously abated, as provided for by Act 198 of the Michigan Public Acts of 1974 as amended. The hearing will be held by the City Commission of the City of Muskegon on May 27, 2008, at 5:30 p.m. at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan. Owners of property and any residents or taxpayers of the City of Muskegon shall have the right to appear and be heard. ADA POLICY The City will provide necessary appropriate auxiliary aids and services to individuals with disabilities who want to attend the meeting, upon twenty-four (24) hour notice to the City of Muskegon. Please contact Ann Becker, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or TDD (231) 724-6773. Ann Marie Becker, City Clerk Publish: May 23, 2008 Commission Meeting Date: May 27, 2008 Date: May 20, 2008 To: Honorable Mayor and City Commission From: Community and Neighborhood Services Department RE: Resolution to Sell 237 E. Walton SUMMARY OF REQUEST: To approve the attached resolution to sell the City-owned home at 237 E. Walton to Ms. Kaitlin McDonald of 1021 Tisdale Ave, Lansing, Ml, for the price of $89,500, in addition to the affordability price based on the appraised value. The home at 237 E. Walton was built by the City of Muskegon through the Walton Street Renaissance aka Hilltop View project. The development consists of six new single-family homes that were built in a previously abandoned, vacant old urban renewal area. The purchase of this home will complete this development with all owner-occupied residences. The sale of this property will allow CNS to pay off a loan obtained by our CHOO, Neighborhood Investment Corp. The loan financed the construction of the street that runs from Murphy to Emerald on Walton. FINANCIAL IMPACT: The Program Income from the project will be deposited in the City's HOME account after subtraction of $60,000 for the payoff of the loan from Fifth Third Bank. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the resolution and sale of 237 E. Walton to Ms. Kaitlin McDonald. COMMITTEE RECOMMENDATION: Both the Land Utilization Committee and the City Commission approved the initial Walton Street Development. • I MUSKEGON CITY COMMISSION 2008-48(a) RESOLUTION TO APPROVE THE SALE OF CITY-OWNED PROPERTY AT 237 Walton 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 approved the sale of the new constructed home for $120,000 which is located at 237 Walton to be used as a single family owner-occupied home by Ms. Kaitlin McDonald with a subsidy of $30,800 . Adopted this 27 th day of May, 2008 Ayes: Gawron, Shepherd, Spa taro, Warmington, Wierengo, Wisneski, and Carter Nays: None By By\)\irv_~,:,, ,,· ,Q,,z.,, j( JI\ Anna Marie Becker, City Clerk · CERTIFICATION 2008-48(a) This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2008. 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: \;r\.JrvY\.~\ }\ AJ (Zg , \ Lh Ann Marie Becker, MMC City Clerk Commission Meeting Date: May 27, 2008 Date: May 16, 2008 To: Honorable Mayor and City Commissioners From: Planning & Economic Development Cf&_. RE: Rezoning request for property located at 381 E. Laketon Ave. SUMMARY OF REQUEST: Request to rezone property located at 381 E. Laketon Avenue from B-2, Convenience and Comparison Business to B--4, General Business. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Staff recommends denial of the request due to lack of compliance with the future land use map, Master Land Use Plan and zoning district intent. COMMITTEE RECOMMENDATION: The Planning Commission voted to recommend denial of the request at their 5/15/08 meeting. The motion passed by a 4-1 margin, with S. Warmington opposed to the denial. T. Harryman, J. Aslakson, T. Michalski, and B. Smith were absent. 5/16/2008 CITY OF MUSKEGON RESOLUTION #2008- 4 8 ( b) RESOLUTION OF DENIAL FOR REZONING REQUEST WHEREAS, a request to rezone property located at 381 E. Laketon Avenue was considered by the Planning Commission, and; WHEREAS, a public hearing on the request was held by the Planning Commission on May 15, 2008, and; WHEREAS, the Planning Commission recommended denial of the request because it is not consistent with the future land use map, Master Land Use Plan and zoning district intent. NOW, THEREFORE, BE IT RESOLVED that the rezoning request is hereby denied. Adopted this 27 th day of May, 2008. Ayes: Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington, and Wierenga Nays: None Absent: None By~ epn .W::: I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular meeting held M May 27, 2008. ~ a ~ U\:>..b ~ .1 •1 R r [cL, Marie ecker, MMC ' City Clerk Staff Report CITY OF MUSKEGON PLANNING COMMISSION REGULAR MEETING May 15, 2008 Hearing; Case 2008-11: Request to rezone the property at 381 E. Laketon Avenue from B-2, Convenience and Comparison Business District, to B-4, General Business District, by Aron Bravata, B & D Holdings. Applicant: Aron Bravata, B & D Holdings Property Address/Location: 381 E. Laketon Avenue Request: Rezoning from B-2, Convenience and Comparison Business to B-4, General Business Present Land Use: Commercial Zoning: B-2, Convenience and Comparison Business STAFF OBSERVATIONS 1. The site is a large parcel that presently that was previously the site of the Plumbs grocery store. The building has been physically divided on the inside to create two spaces. Currently the space to the west houses Dollar General. The east portion of the building is vacant. 2. The applicant is requesting a rezoning from a B-2, Convenience and Comparison Business zone, to B-4, General Business zone. The purpose of the request on the part of the applicant is to allow a used car lot, with a showroom, located on the east portion of the property. 3. The property to the north, across Laketon Avenue, is zoned R-1, One Family Residential, as is the property to the south. The property to the west is zoned B-4, and the property to the east is zoned B-2. 3 4. The Master Plan speaks very little to the issue of commercial properties along Laketon in the area. The Future Land Use Map shows this area as residential, but development of residential in a commercial building, is unlikely along this major street. 5. B-2 zoning districts are "designed for the convenience and community shopping needs of the residents in the Muskegon Area". The dollar store on the site tends to serve the needs of the neighborhood, considering the lack of a grocery store in the area. Whether a used car lot would also serve the needs of the neighborhood would be speculative, at best. 6. The B-4 zone would allow more intense uses on the site, such as auto service stations, stores selling second hand good, veterinarian clinics without outdoor kennels, restaurants, assembly of small parts, business schools or private schools, just to name a few. While some of these uses would not be offensive to the residential neighborhoods located to both the north and south, others would create increased traffic and noise. 7. Vice Mayor Steve Gawron sent an e-mail opposing the special land use permit, which is the topic of the next case. Butch Rouwhorst, Ryke's Bakery, 1788 Tenace Street, called and stated that he has no problem with the rezoning or the special land use permit, as long as it doesn't "turn into a junkyard". West side of building showing Dollar General. East side of building presently vacant. 4 City of Muskegon Planning Commission Case# 2008-11 & 12 * Selected Property [J Propertiesv,/in 300 ft. R-1 "Single.FimilyRellderililil B-2 "Cooven\enceS Com pall son Businass B-4" General Busioe.s:s MC Medlcel Care O R-1 STAFF RECOMMENDATION Staff recommends denial of the request to rezone the subject property from B-2, Convenience and Comparison Business district to B-4, General Business district, because the request does not conform to the goals and recommendation of the City's 1997 Master Plan and Future Land Use Plan and zoning district intent. DELIBERATION Criteria-based questions typically asked during a rezoning include: 1. What, if any, identifiable conditions related to the petition have changed which justify the petitioned change in zoning. 5 2. What are the precedents and the possible effects of precedent that might result from the approval or denial of the petition? 3. What is the impact of the amendment on the ability of the city to provide adequate public services and facilities and/or programs that might reasonably be required in the future if the petition is approved? 4. Does the petitioned zoning change adversely affect the environmental conditions or value of the sun-ounding property? 5. Does the petitioned zoning change generally comply with the adopted Future Land Use Plan of the City? 6. Are there any significant negative environmental impacts which would reasonably occur if the petitioned zoning change and resulting allowed structures were built such as: a. Surface water drainage problems b. Waste water disposal problems c. Adverse effect on sU1face or subsurface water quality d. The loss of valuable natural resources such as forest, wetland, historic sites, or wildlife areas. 7. Is the proposed zoning change a "Spot Zone"? a. Is the parcel small in size relative to its surroundings? b. Would the zoning change allow uses that are inconsistent with those allowed in the vicinity? c. Would the zoning change confer a benefit to the property owner that is not generally available to other properties in the area? d. A spot zone is appropriate if it complies with the Master Plan. DETERMINATION The following motion is offered for consideration: I move that the request to rezone the property located at 381 E. Laketon Avenue from B-2, Convenience and Comparison Business district to B-4, General Business district, as described in the public notice, be recommended for (approval/denial) to the City Commission pursuant to the City of Muskegon Zoning Ordinance, and the determination of (compliance/lack of compliance) with the intent of the City Master Land Use and zoning district intent. 6 Commission Meeting Date: May 27, 2008 Date: May 20, 2008 To: Honorable Mayor & City Commission From: Planning & Economic Development Department cJbC, RE: Resolution approving MDOT grant application SUMMARY OF REQUEST: To approve the request to submit the grant application to the Michigan Department of Transportation for the Lakeside Business District enhancements. Improvements include traffic calming measures, beautification, signage, and environmental mitigation. This transportation plan was initially created by the Sidock Group as a donation to the Lakeside Business District. Commission passed a resolution in 2006 to pursue the enhancements in the plan, but to follow the suggestions made in Bob Kuhn's letter. Staff has adjusted the plan accordingly to follow Mr. Kuhn's suggestions and to meet the grant guidelines. FINANCIAL IMPACT: Improvements to the area could result in a more vibrant commercial district. BUDGET ACTION REQUIRED: The grant requires a 20% match. The total project cost is estimated to be $179,564, resulting in a $31,098 match from the City. STAFF RECOMMENDATION: To approve the request and sign the attached resolution. COMMITTEE RECOMMENDATION: None. CITY OF MUSKEGON CITY COMMISSION RESOLUTION No. 2 00 8-48 ( c) WHEREAS, the Lakeside Business District is concentrated along Lakeshore Drive, which is a commercial and entertainment district within the City; and; WHEREAS, the improvement ofLakeshore Drive through streetscape design is anticipated to attract more businesses and visitors to Muskegon's lakeshore, and; WHEREAS, the proposed improvement will not only generate economic activity within project area and adjacent districts, but also enhance community image, and; WHEREAS, a grant is available through the Transportation Enhancement Program under the Transportation Equity Act for the 21 st Century (TEA-21) of 1998, and; WHEREAS, the proposed streetscape project on Lakeshore Drive is eligible for funding that is a reimbursement program requiring 20% local match; NOW, THEREFORE BE IT RESOLVED that the City Commission authorizes the submittal of the grant, and if approved by the Michigan Department of Transportation (MDOT), authorizes acceptance of the grant funds; and that the City will commit to fund the match requirement; BE IT FURTHER RESOLVED, that the Mayor be authorized to sign the grant application on behalf of the City. Resolution adopted this 27th day of May, 2008. Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierenga, and Wisneski Nays: None Absent: None Ann Marie Becker, Clerk May 27, 2008 CERTIFICATION 2008-48(c) This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2008. 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 ~ ,>\,,:'.\~\),~ nn Marie Becker, MMC City Clerk MDOT:TEA Application Page 1 of 1 \ Print I Close I Application: ENH200700120 Applicant Agency: MOOT Applicant Name: Cily of Muskegon Project Description Project Name: Lakeside Enhancement County: Muskegon MOOT Region: Grand City/TownshipNillage: City Township: CityNillage: Muskegon Length: 0.5 (To the nearest tenth of mile) Zip Code: 49443 Other Zip Codes (if any): Route No./Street Name/Facility Name: Lakeshore Drive Project Limits (Use nearest cross street): Addison to McCracken Type of Work: Streetscaping, Signage, Bus Stop, Alternate Transportation [;z] Project is within MPO boundary MPO: West Michigan Shoreline Regional Development Commission Project Category NONMOTORIZED TRANSPORTATION HISTORIC PRESERVATION 10 Provision of facilities for pedestrians and bicycles D Rehabilitation and operation of historic transportation LJ Preservation of abandoned railway corridors buildings, structures, or facilities including including the conversion and use thereof for historic railroad facilities and canals pedestrian or bicycle trails D Archaeological planning and research D Provision of safety and education activities for D Establishment of transportation museums pedesrtians and bicyclists [__] Historic preservation (other than included above) TRANSPORTATION AESTHETICS WATER QUALITY MITIGATION [;z] Landscape and scenic beautification [;z] Environmental mitigation to address water D Scenic acquisition and improvement projects pollution due to highway runoff historic sites [J Scenic or historic highway programs, including WILDLIFE MORTALITY MITIGATION the provision of tourist and welcome centers [] Reduction of Vehicle-Caused Wildlife Mortality lJ Control and removal of outdoor advertising httn•//mcl"t?7, mrlnt state.mi.us/tea/aool print.stm?as app seq no=ENH200700120 5/20/2008 MDOT:TEA-Attachment A for Application Page 1 of I I Print I Close j Attachment A : Description of Proposed Project Briefly describe proposed work, benefits of these enhancements, and the transportation relationship (One to two paragraphs will suffice.) The Lakeside Buisiness Association, a group of businesses in the Lakeside Business District (overlooking Muskegon Lake and approximately one mile from Lake Michigan) has submitted a proposed plan to the City of Muskegon in regards to renovating the area. The plan was donated to the Lakeside Business Distrcit by the Sidock Group, a local engineering firm. The City has looked over the document and has taken the feasible concepts of the plan and has created its own plan. The Lakeside Business District has struggled economically over the past few years and the area has seen a lot of business turn-over. The goal of these renovations is to bring more business to the district. We believe this will be possible with the addition of better signage, more transportation options and aesthetic improvements. The project also calls for the addition of green spaces, plantings and oil interceptors to reduce the amount of polluted runoff into Muskegon Lake and Lake Michigan. t..H~· 11='1At')7 'i mrlot. state.mi.us/tea/attacha_JJrint.stm ?as_app _seq__no=ENH200700120 5/20/2008 MDOT:TEA-Attachment C for Application Page I of I I Print I Close I Attachment C : Relationship to Category Goals (For more information on category goals, see the instruction booklet.) Attachment: 1 Category: Nonmotorized Description: This plan calls for the addition of bike racks to be placed throughout the project area. The project area is adjacent to a new bike path that runs completely through Muskegon. As the bike path reaches the Lakeside Business District, there are signs on the path that note the shops conveniently located nearby. There is also a path that leads directly to the Business District, however, there currently are not any bike racks available. httn•//mcl,.,t?7, mrlnt st~tP. mi 110/tea/attachc nrint.stm?as ann sea no=ENH200700120&a... 5/20/2008 MDOT:TEA-Attachment C for Application Page I of I I Print I Close I Attachment C : Relationship to Category Goals (For more information on category goals, see the instruction booklet.} Attachment: 2 Category: Transportation Aesthetics Description: The Lakeside Business District serves as a major attraction point for the City of Muskegon. It is the closest Business District to Pere Marquette Beach (1 mile} and provides tourists and citizens with entertainment and shopping options. Since the city does not have businesses located directly in the beach area, the Lakeside Business District must be marketed as the waterfront business area. The Lakeside Business District is adjacent to Muskegon Lake and connected by the Lakeshore Trail to Lake Michigan. This lakeshore atmosphere can be incorporated into Lakeside with aesthetic improvements. These improvements would include: Median islands - The addition of more median islands will increase the overall aesthetic value of the area and slow traffic so that shops are easier to identify. Dune grass - The addition of dune grass, or other similar grasses throughout the area will help beautify the shopping district and tie in the beach atmosphere that is being created. The dune grass would be planted in the proposed median islands. Scenic outlook gazebo - The addition of the gazebo will give shoppers the opportunity to sit and take in the beautiful scenery of Muskegon Lake. Signage - The placement of a large Lakeside Business District "drive through" sign at the east end of the district will create an identity for the area. Additional smaller signage at the west end of the district would resemble the theme of the larger sign. Decorative trash receptacles- There currently is a lack of trash receptacles throughout the project area. The plan calls for the addition of numerous nautical themed trash cans throughout the project area, adding a visually pleasing element to the area and also helping to cut down on trash. Decorative Boat - The decorative boat, as pictured in the plan, will be placed near the entrance sign to incorporate the beach theme to the area. Decorative Trolley Stop Bench - this bench will provide an extra stop for the west-bound trolley. Benches - The addition of four benches will provide shoppers the ability to rest and take in the lake scenery. Planters - The addition of two planters will add to the scenery of the area. They will be planted with low maintenance greenery, which will not require irrigation. httn· //mr1nt?7~ .mdot.state.mi.us/tea/attachc print.stm?as_app_ seq_no=ENH200700 l 20&a... 5/21/2008 MDOT:TEA-Attachment C for Application Page 1 of I I Print I Close J Attachment C : Relationship to Category Goals (For more information on category goals, see the instruction booklet.) Attachment: 3 Category: Water Quality Mitigation Description: The installation of two new oil-interceptors would reduce the amount of polluted runoff that would drain into Rudiman Creek, Muskegon Lake and Lake Michigan. The addition of two new landscape islands and planters would also reduce the amount of polluted runoff to the watershed. t..<-+-•//m,-1A,--,7, mrlnt ctn1P mi ns/te,a/attachc nrint.stm?as ann sea no=ENH200700120&a... 5/20/2008 MDOT:TEA-Attachment D for Application Page I of I I Print I I Close Attachment D: Property Information 1. If property acquisition is necessary to complete this project, what Is the current status of acquisition? (Check all that apply and explain below.) [J Donation []Willing seller [] Appraisal completed LJ Purchase option D Purchase agreement Please describe: 2. Describe the anticipated impact of the project on adjacent property owners, your efforts to inform them of the project, and responses to these efforts A public hearing will be held on May 27, 2008. There should not be any new effects on the adjacent property owners. ,nnnnnR MDOT:TEA-Attachment E for Application Page 1 of3 j Print j I Close I Attachment E Social, Economic and Environmental Factors for Transportation projects Section 1 1. Check all that apply. (See instruction booklet for more information.) [] Additional ROW/Grading permit 5,iJ Recreational lands LI Static Historic Preservation Office Clearance Inland lakes or streams permit IJ Tree removal D Contaminated Sites Wetlands permit [J Endangered species D Other □ Floodplains permit [;.i] Coastal zone □ Other 2. If any of the above factors apply, please describe anticipated impact. The proposed project is located near the coast of Muskegon Lake and Lake Michigan. The recreational lands, such as the bike path and waterfront, would see more traffic. Section 2 1. Describe plans for informing your community of this project. (Such as providing opportunity for community involvement and/or comments in planning, funding, design, and implementation.) A Public Hearing will be held. 2. Is this project identified In an adopted community, county, and/or region-wide plan? (Such as a master plan, comprehensive plan, trail plan, downtown development plan, etc.) ·v•YES' NO Lakeside Business District enhancements have been mentioned in the Master Plan, Waterfront Redevelopment Plan, and other lakeshore studies. Section 3 Proposed Project Location (Route number/street name, termini, length, city/village/township, county) Lakeshore Drive from Addison to McCracken. Approximately 0.5 miles. Description (Include details of all proposed construction, including areas of impact, grading, ROW required, etc. as appropriate.) Development of a gazeebo would be the largest construction. It would be located on city property near the bike path. D Row/Grading Permit Required i_j Work Outside Existing Shoulders/Curbs D Major New Construction Description of Setting (Briefly describe the social, economic and natural environmental setting of the project area.) The Lakeside Business District is a commercial cooridor that is approximately 0.5 miles long. The area consists of marinas, restaurants, art galleries, craft stores, a theater, convenience stores, etc. Located parallel to Lakeshore Drive on the north side of the road is the Muskegon Bike Path. The bike path runs along a scenic route of Muskegon Lake and is surrounded by nature. Review of Environmental Factors (Refer to impact evaluation for additional information). Factors Source 1. Displacement of residence or business □ 2. Disruption of neighborhoods Cl htt~-11=,-1~,n, m'1nt stste.mi.us/tea/attache print.stm?as app seq no=ENH200700120 5/20/2008 MDOT:TEA-Attachment E for Application Page 2 of3 3. Agricultural [J 4. Recreational lands il_l Bike Path, Waterfront 5. Historic/archeological [l 6. Wetlands i7 Permit: 0sec. 404 L.1 Part 303 l7sec. 10 7. Streams/lakes/drains/state natural rivers/ federal wild and scenic rivers D □ Permit [] Part 301 0sec. 10 8. Floodplains [J 0 Part 31 9. NPDES 0 10. Coastal zone/critical dune protection area 1-Zl Muskegon Lake coast 11. Endangered species [J [J Permit Required 12. Tree removal [J 13. Inconsistent with local development plans 0 14. Change in developed land uses 0 15. Change in access control or level 0 16. Change in facilities for pedestrians/bicyclists D 17. Detour/temporary road/ramp closure 0 18. Hazardous waste 0 19. Noise □ 20. Air quality Cl 21. Subject of controversy LJ 22. Any other issue [J Impact Evaluation Describe anticipated impacts. Include sources of information. Attach additional sheets ii needed. Refer to numbers from Review of Enviromental Factors on previous page. The Bike Path should see more traffic, but nothing that would severly impact the environment. The additions of greenspaces, planitngs and oil-interceptors on the road should positively impact the area. Documentation Date Available Categorical Exclusion Environmental Assessment Available Finding of No Significant Impact (FONSI) Approval Draft Environmental Impact Statement Available Final Environmental Impact Statement Available Record of Decision (ROD) Approval "--L,..,,.,, -AA+ 0+o+,, mi 11s/tea/attache print.stm?as app _seqno=ENH200700120 5/20/2008 MDOT:TEA-Attachment E for Application Page 3 of3 State Environmental Impact Statement Available Public Hearing Date MDOT:TEA-Attachment F for Application Page I of 1 j Print I I Close I Attention Applicants: The TE Program is unable to participate in cost increases after our initial commitment. Please take due care to estimate your project properly and include contingencies and inflationary increases that will allow the project to be completed within the proposed budget for the proposed fiscal year the project will be constructed. Cost increases after our initial commitment will be the sole responsibility of the applicant. Attachment F # Participating Items of Work Quantity Unit Unit Cost Item Cost 1. Decorative Boat 1 boat $1,000.00 $1,000.00 2. Trolley Stop Bench 1 bench $1,000.00 $1,000.00 3. New Directional Signage 4 signs $300.00 $1,200.00 4. Decorative Bike Racks 2 racks $1,000.00 $2,000.00 5. Gazebo 1 gazebo $9,000.00 $9,000 00 6. Decorative Trash Cans 8 trash $1,800.00 $14,400.00 7. Large Drive-Thru sign 1 sign $75,000.00 $75,000.00 a. Bike Path Signage 1 sign $300.00 $300.00 9. New Landscape Islands 2 island $6,000.00 $12,000.00 10. New Planters and Greenery 2 planters $500.00 $1,000.00 11. Benches 4 bench $1,000.00 $4,000.00 12. Oil Interceptors 2 stormceptr $10,000.00 $20,000.00 13. Contingency 1 1 $14,590.00 $14,590.00 # Non-Participating Items of Work Quantity Unit Unit Cost Item Cost 1. Engineering 1 1 $24,074.00 $24,074.00 Applicant's% share of partcipating costs: 20.00 Match: $31,098.00 Total Cost: $179,564.00 Funds requested: $124,392.00 Source of Non-Participating Funds: Source of Match: CityNillage Match amount: $31,098.00 htt~•ll=rlnn7, mr1nt stat" mi.us/tea/attachf print.stm?as app seq no=ENH200700120 5/21/2008 MDOT:TEA-Attachment G for Application Page 1 of 1 \ Print \ \ Close \ Attachment G Proposed Maintenance Plans, Agreements and Preservation Covenants Attachment: 1 1. What agency is responsible for operation and maintenance of the completed project and what source of funds will be used? The Department of Public Works will be responsible for the maintenance of the projects and the funds will come from their annual budget. 2. Describe anticipated maintenance needs by task. (Indicate frequency of maintenance and estimated annual cost.) Trash Can Maintenance - trash receptacles will be maintained along with regular trash pick-up. Landscape Islands - Not much maintenance required with the proposed dune grass. Oil Interceptors - Replace twice a year. ' " · ,,.__ L,~-,c -~d ototP mi m/tps/attac.hv nrint.stm?as aoo sea no=ENH200700120&a,.. 5/20/2008 l33~lS 318SI~~ J z 0 w (.!) w~ ~ <( en...J ::, ~ SK-4D, ® ~~~,°.~~m~!~m~~:,}~~: 888 Temce Street, Suite 200. Muskegon. lv1I .94-h, (optional or additional signage) ◄ . \_ . ··- - \ ( ,, I ,.,,, (_ 1;·1 ( I ·•,,'.ff•i. ,.,.,,":l 1..·· ' , •! :r 11' • ,'o • I I ' t "•'-'·j t r ~, J 1• • · ,, f ·,r I. l '{' . '• • ' •, \ ' I : ' .,• I • :! .. ·.,' I r=~---.....,,..J• '1 I - •• l( f [' ._~ ,,. J _- •, t I,,.,. •'. f .!, ' ·I . \ ' l • • I I (• •i ...•;, , ;·...,'Yi t .--. \ ; ; _: ~;} C1l (Y) I ~ V) I ',I -- .:l' .... ..,~ ,_ -~ ----·· - -·. ,:~· -... -:" -:"' ··._- ·- --- .. .. ' - -· -., . Ramp to Lookout ......__ '- SK-3C Sidock Group, Inc. rnGINEERS • ARCHITECTS• CONSULTANTS • PROJECT MANAGERS 888 Tem,·e Strt'et, S\1i1c: 200, Muskegon, :VII 4944C -- PROJE T JOB NO. Sidock Group, Inc. Novi, Michigan Muskogon, Michigan Telephone: (248) 349·4500 Telephone: (231) 733·0036 TITLE SHEET NO. OESION DATE CHK'O DATE I I ' Ji ' ji ' I iI i ·r +-- : -·i-. i ~ .., .,. ~~ ·-------.. . -~-- ~~~ !~~--~4~~~-·-:.·-;~ ---:::~_;__ ~~~~';..,~~~ ~~ ~ ~ :--~ Sidock Group, Inc. co~u tNCl~~RS • AACHITtC'iS . . . • ?ilOJECT · l •~HTS . w.......:;~S - •?QO M !=on. MI 49440 S88 Tc:rncc Scrcet.. Swtc - , • us " Commission Meeting Date: May 27, 2008 Date: May 14, 2008 To: Honorable Mayor & City Commission From: Planning & Economic Development Department Cf!I-- RE: DDA On-Premise Liquor License for Muskegon Athletic Club. SUMMARY OF REQUEST: To approve the attached Resolution approving a Downtown Development Authority On-Premise Liquor License for the Muskegon Athletic Club. The Liquor Control Code allows for additional liquor licenses within Downtown Development Authority Districts under certain conditions. FINANCIAL IMPACT: Approval of the Liquor License will allow for a new restaurant in the downtown area which should result in increased revenue for the City. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the attached resolution. COMMITTEE RECOMMENDATION: None. CITY OF MUSKEGON MUSKEGON COUNTY, MICHIGAN RESOLUTION NO. 2008-48 ( d) A resolution concerning the issuance of a Downtown Development Authority District On-Premises Liquor License pursuant to 43&.1S:&1a(1)(b) of the Michigan Compiled Laws. The City Commission of the City of Muskegon hereby RESOLVES: Recitals I. Muskegon Athletic Club, LLC has applied for a Downtown Development Authority District On-Premises Liquor License for the premises at 333 Western Avenue, Suite 2B, which is located within an area established by the City Commission as a redevelopment project area pursuant to 436.1521 a(l)(b) of the Michigan Compiled Laws. 2. It is required that the City Commission approve a specific applicant, at a specific location "ABOVE ALL OTHERS". 3. This resolution was approved at the regular meeting of the City Commission on May 27 2008. City Commission Findings The City Commission is satisfied that: I. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less than $75,000 for the build-out and improvements of the building that will house the licensed premises, which amounts shall be expended before the issuance of the license. 2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to the general public, with a seating capacity of not less than 50 persons. NOW, THEREFORE, THE CITY COMMISSION RESOLVES: The City Commission deems it to be in the best interest of the City of Muskegon to approve the application of Muskegon Athletic Club, LLC, for a Downtown Development Authority District On-Premises Liquor License for the premises at 333 W. Western Avenue, Suite 2B, pursuant to 436.152la(l)(b) of the Michigan Compiled Laws, and recommends to the Michigan Liquor Control Commission the issuance of said requested license "ABOVE ALL OTHERS". Adopted this 32_ day of May , 2008. AYES: Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington NAYES: None ABSENT: None ~=-----------------===---- By: By: ~h nhv0 Pu,J~ Ann Marie Becker, MMC Its Clerk CERTIFICATION This resolution was adopted at a regular meeting of the City Commission, held on May 27, 2008. 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: ~bl~, v"--0,./l ,~~ (s,,L,t Ann Marie Becker, MMC City Clerk lG,._ Company History and Description Located on the comer of Western Avenue and Second and inside Muskegon's Renaissance Zone, the MAC will be located on the first floor of the old National City building. The facility includes a restaurant, sports bar with shuffle boards and multi- purpose area which includes Nintendo Wii's being played on 150" televisions. All of this will be surrounded by a multitude of video walls & 150" projection televisions. During important sports games, the MAC will play team songs & other voice overs along with having the cocktail waitresses walking around selling popcorn, beer & cotton candy so to create the feel of actually being at the game. Facilities 4,800 Square Feet consisting of: Dining Area with 72 seats Bar Area with 58 seats Shuffle Boards & Wii's Full Kitchen with prep etc 2 Walk-in Coolers Restrooms Management Team and Staffing In-House Management Andy Buck, President and Marketing Manager I year of experience in researching the hospitality business. He has a solid understanding of cost of goods, positive cash flow and the importance of advertising. He also has several years of experience of being a project architect. The duties are very similar to a restaurant manager, just a different medium: costs of material, managing a team, meeting with outside reps, etc. Tony Buck, Operations Manager 10 years of experience in the hospitality industry. He has managed Bobarinos and Judsons which are located in the BOB facility in downtown Grand Rapids. He has also managed Scales located in Whitehall, Mi. His skills include: schedule and coordinate staff of up to 40, weekly/monthly inventory management, marketing, working with chefs to create and update menus, manage accounts payable and receivable, assisted with payroll, open and close facility, coordinate large reservations, waiting and bartending. Mark Keck, Bar Manager 24 years of experience in the hospitality industry. Along with owning 2 of his own restaurants, he has managed Gills which is located in the BOB facility and Putt Putts, both located in Grand Rapids, Mi. His skills include: schedule and coordinate staff of up to 40, weekly/monthly inventory management, marketing, working with chefs to create and update menus, manage accounts payable and receivable, assisted with payroll, open and close facility, coordinate large reservations, waiting and bartending. The MAC currently employs no employees. By June I, 2008 employment is projected to reach 8. Critical skills required by our business include: Hospitality background, management skills, bartender skills, wait staff background and a good attitude. Customer Profile Our patrons are those who enjoy good food and an environment which promotes sports. Our patrons are in and around Muskegon County. We will reach our patrons by word of mouth, e-mails, and newspaper ads. Age of customers: 21 - 35 60% 35-50 25% 50-Up 15% Our customers will mainly be men but because of the interior design, we can help encourage wives, girlfriends and families to come along. The interior design will include half walls that double as planter boxes. The types of plants and flowers that will be in those half walls will be based on the season and/or time of year. Our major customers will account for 80% of our gross sales. Sports themed restaurants have done very well in Muskegon County. The MAC goes a step above by offering shuffle board, Nintendo Wii and creating an environment which makes you feel like you are at the game. We are only a block away from the Frauenthal Theater and the Walker Arena. We will do very well in bar sales before and after events at both these venues. Due to our location and our sports theme, there are no real seasonal factors to consider. Business will slow down a bit during the winter months but for the most part, our customers are those who live in Muskegon County and therefore are not summer vacationers. _.... ..::.1, ,f-~- ~ u t! p ,·, ~- :- ar' ,, \/ • 11 ,. ,; .(.\. . . ' ''-,,.--i' l. WMLI ,:_,.,,"·,' ~. ,:·1 : :: ·:! . : ·-. ,,,,.. "<}" ' '. ,, .; b • ~ . - . . ~ ~ ~ ~.44 :;,~~.::=,;,:=@ =i~==g=-~=-~- - "'?ff"mrr::-:::c~~tm; :1C ~ --::::... IP=====:s 74- 265/724 1002 MUSKEGON ATHLETIC CLU 333 WESTERN MUSKEGON, MlSTE 1B 49440 B LLC 04·08 DATE r/.. .L--,'/JL·~ 1090789 --~J {./ Il _CGd!-0-1W0t)tr' PAYTOTH!EF, o,~"''::._ _j___j. ....BU~«s~f4.~o,{~- -~~-=--uc '1 .,__ I $ .},;&L!JO D!5ITARS W a. II ia ___ _j}_~~,~~~:vit100Lw$~,fl~~!:...LJ_ ~1'-J-}A,t,1!._'f11~011.veL S 1 _,..,.:..u,_ _ rn, IndependenJ:,~.~IJ,~ 1..1888.300.3193 lndependentBank.com MEMO fm(di, rt± ~ ! ,:□ ? 2~0 2ti 5 2,: 'lffi-.. .-- =J LIQUOR LICENSE REVIE\V FORl,I Business Name: · tlJ«.sf y,w . ,Af/2/e:ft C AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ Business Address: h ?J J Reason for Review: New License ~ 0 0A-- Transfer of Ownership D . Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder Name 0 New Entertainment Permit D Other - - ------------ ----------- Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __ Public Safety Approved D Denied 0 No Action Needed D Income Tax Approved ~ Owing D Amount: Treasurer ·Approved~ Owing 0 Amount: Zoning Approved D Denied 0 Pending ZBA 0 Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature_ · ~--'-_ _ _,fb __ _,~;,_;._-~__· __________ Please return to the City Clerk's Office LIQUOR LICENSE REVIE\V FORJ.,1 Business Name: \'\. \,.,x>-Jl~f'O \~·\½ h >r- I ( AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: X"cS : &.erd ,)c (j: 1 a o~ , Q , , c Business Address: Reason for Review: "-p..._ · ,.-f:;zl --:> o I-' New License ~ · . □ Trans fier of Ownersh1p Dance Permit D Drop/Add Name on License D Transfer Location -□ Drop/Add Stockholder Name D New Entertainment Permit D Other -------------------------- Dead line for receipt of all information: ...lb.i....~..:.;S;;;;...i.A~f----_ _ _ _ _ _ _ __ Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: ~ Zoning Approved~ Denied D Pending ZBA □ · Clerk's Approved D Owing D Amount: · Fire/Inspections Approved D Denied D Remaining Defects D Department Signature D # / Please return to the City Clerk's Office ~ LIQUOR LICENSE REVIE\V FOR.J.,1 Business Name: \''\. ,) sL~f> o \~-\-b h <\-·, < (L-,\o tc: { . I C AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: :§Fu ?" & e, s;h.:., G re 1' :;-5;, r ( == 33 3 Business Address: h ~ v...:i . '-...rJi..._,s. f--:..__r b Reason for Review: DP,p,.._ New License jt) ,..-:> Transfer of Ownership 0 Dance Permit D Drop/Add Name on License D Transfer Location -□ Drop/Add Stockholder Name □ New Entertainment Permit D Other -------------------------- ' Deadline for receipt of all information: __S.:......i.f\__.__.f.....__ _ _ _ _ _ _ __ _t\.._---- - . .. .. - Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: Zoning Approved D Denied D Pending ZBA 0 Clerk's Approved D Owing D Amount: _)\fire/Inspections Approved ✓Denied D Remaining Defects D ~ / e-c.-,4 o,.._;_s err c...- a~ 5:'--~ 5 du✓-- n 6vSPCA!:s--;/7'cf"-' . Department Signature._ _ _-1--+-+---;;1/ - / ..;__ ' /,}tk . ( V- - - - - - . 4 - - - - - - - - Please return to the City Clerk's Office LIQUOR LICENSE REVIE\V FOR.J.,1 Business Name: · tlJ«s f {rPa _ /}-I/; /e/-; 'c.. AKA Business Name (if applicable): _ _ _ _ _ _ _ _ _ _ _ _ __ Operator/Manager's Name_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Business Address: }?JJ Reason for Review: New License ~ 00fr Transfer of Ownership 0 Dance Permit D Drop/Add Name on License D Transfer Location D Drop/Add Stockholder Name 0 New Entertainment Permit D Other ------------------------- Deadline for receipt of all information: _ _ _ _ _ _ _ _ _ _ _ __ Public Safety Approved D Denied D No Action Needed D Income Tax Approved D Owing D Amount: Treasurer Approved D Owing D Amount: . Zoning Approved D Denied D Pending ZBA □ Clerk's Approved ~ Owing D Amount: ·Fire/Inspections Approved Denied D Remaining Defects D Please return to the City Clerk's Office INDEX &SITE LOCATION PROJECTCOSTS PROJECT DESCRIPTION PROJECT MENU ) Date: May 27, 2008 To: Honorable Mayor and City Commissioners From: Lowell Kirksey, Recreation Supervisor RE: Special Events-Multiple Liquor License Request SUMMARY OF REQUEST: The following organizations are requesting a temporary liquor license or an extension of their liquor license: • The Muskegon Fraternal Order of Eagles (Aerie 668) is requesting a extension of their current liquor license to be able to serve non-members th during the Muskegon Summer Celebration (June 2th through July 6 ) The following temporary alcohol licenses have been approved for this time period: Muskegon Summer Celebration, and Mike's Inn. • Muskegon Fraternal Order of Eagles (Aerie 668) is requesting an extension of their current liquor license to be able to serve non-members during the th th Muskegon Bike Time Event, scheduled July 18 through July 20 . The following temporary alcohol licenses have been approved for this time period: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike's Inn. • The Muskegon Yacht Club is requesting an extension of their current liquor license to be able to host the Harbor Hospice Chronicle Regatta on July 5, 2008. The following temporary alcohol licenses have been issued for this date: Muskegon Summer Celebration, and Mike's Inn. • Port City C.1.O. Building Association, 490 W. Western Ave. is requesting a temporary liquor license during the Muskegon Bike Time Event, scheduled for July 1th through July 20, 2008. The following have already been approved: Racquets, Pop-A-Top, Muskegon Bike Time, Tipsy Toad, and Mike's Inn. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: None COMMITTEE RECOMMENDATION: The Leisure Services Board has approved the requests. Date: May 20, 2008 To: Honorable Mayor and City Commissioners From: Lowell Kirksey, Recreation Supervisor RE: Michigan Irish Music Festival-Request for Exclusive peddling and Selling Rights during the Festival SUMMARY OF REQUEST: Please see attached letter/request from Michigan Irish Music Festival. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: All peddling and selling rights pertaining to the Michigan Irish Music Festival are restricted to the location of the event at Heritage Landing. COMMITTEE RECOMMENDATION: The Leisure Services Board approved this event at there April 21 st meeting. April 7, 2008 Mr. Bryon Mazade, City Manager City of Muskegon 933 Terrace Muskegon,MI49440 Dear Bryon: Attached please find the Special Events request for the Michigan Irish Music Festival to be held in September 2008 at Heritage Landing. We again are planning on serving beer, maltematives and Irish Cream at this three-day cultural musical festival that brings hundreds of people to our community during this shoulder season. In addition to our request we are also requesting that the City of Muskegon: • Grant exclusive peddling and selling rights of any article from a stand, stall, vehicle, pack or basket, or in any other manner, on any of the following streets in the City in downtown Muskegon during the festival: Webster, Muskegon, Fourth, Fifth, Sixth, Seventh, Eighth, Clay, Western and Shoreline Drive. In addition we would request exclusive peddling and selling rights for all City-owned property in the downtown area. If you could please let me know when this request will appear on the Commission agenda I would be glad to attend the meeting to answer any questions that may be presented. On behalf of the Michigan Irish Music Festival Board of Directors and volunteers, I want to thank you for the continued support received by the City of Muskegon. We look forward to working with you again in 20Q8. ,__1Yi\nt:;1 '. ~ l\t\, RECElVED ~Zart APR 8 2008 Michiga lg h Music Festival CITY OF MUSKEGON e: &. m.oz<Ldl LEISURE SERVICES. bri~inQI : L. S · AGENDA ITEM NO. _ _ _ _ _ _ _ __ CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __ TO: Honorable Mayor and City Commissioners FROM: Bryon L Mazade, City Manager DATE: May 22, 2008 RE: Third Street Sculpture Agreement SUMMARY OF REQUEST: To approve an agreement between the City and the Community Foundation for Muskegon County for the placement and maintenance of a sculpture in the right-of-way at Third Street and Western Avenue. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED None. STAFF RECOMMENDATION: To approve the attached agreement and authorize the Mayor and Clerk to sign it. COMMITTEE RECOMMENDATION: pb\AGENDA\THIRD ST SCULPTURE AGREEMENT 052208 2008-48(g) AGREEMENT BETWEEN THE CITY OF MUSKEGON AND THE COMMUNITY FOUNDATION FOR MUSKEGON COUNTY Agreement (hereinafter referred to as the "Agreement") for use of public right-of- way between the grantor, THE CITY OF MUSKEGON, Muskegon, Michigan 49440 (hereinafter referred to as the "Grantor") and THE COMMUNITY FOUNDATION FOR MUSKEGON COUNTY, 425 W. Western, Suite 200, Muskegon, Michigan 49442 (hereinafter referred to as the "Grantee") RECITALS Whereas, the Grantee and Grantor desire to have a sculpture and its appurtances placed within the public right-of-way at the intersection ("Traffic Circle") of Third Street and Western Avenue in the City of Muskegon. Whereas, the Grantor represents and warrants to Grantee that The CITY OF MUSKEGON controls the land where the sculpture will be placed. IT IS THEREFORE AGREED: 1. RECITALS. The foregoing Recitals are incorporated into and made a part of this Agreement. 2. PURPOSE. The purpose of the Agreement is to allow the Grantee the ability to place and maintain a sculpture in the public right-of-way at the intersection of Third Street and Western Avenue in the City of Muskegon. 3. TERM. The term of this Agreement shall be for_the life of the sculpture beginning at the execution of the agreement by the Grantor and the Grantee. In the event that the intersection and traffic circle at Third Street and Western Ave. should require modification to the point that the Hunt sculpture cannot remain in that location, a successor location for the Hunt sculpture shall be selected that is mutually agreeable to both parties. 4. CONDITION OF PREMISES. Grantee accepts the Premises "as is" in its existing condition. Grantor makes no representation, statement or warranty, express or implied as to the accessibility, or usefulness of the Premises to the Grantee. 5. GRANTEE'S OBLIGATIONS. Grantee shall: I (a) Construct the foundation and improvements for the sculpture and install the sculpture, within the Third Street roundabout, as generally described by the proposed design (attached as Exhibit A). (b) Provide a structural engineering certification that the foundation design and installation will support the sculpture. This design will be subject to review and approval by the Grantor, which will be done in a timely manner. (c) Maintain adequate access for the Grantor to public utilities within the public right-of-way. (d) Comply with State of Michigan site distance requirements. (e) Shall jointly with the City of Muskegon maintain the area within the roundabout surrounding the sculpture in good order and repair and in a clean condition free of debris and waste. (I) Comply with the City's standards for any lighting for the sculpture. (g) The current landscaping material will be offered to owners currently constructing projects on the fotmer Muskegon mall site. If none of them are interested, the material will be located to another suitable site with the assistance of the Grantor. (h) Indemnify and hold harmless the Grantor for any damages to the sculpture that results from the underlying infrastructure within the right-of-way. (i) Provide funds for the ongoing maintenance and repair of the sculpture. 6. GRANTOR'S OBLIGATIONS. Grantor shall: (a) Own and maintain the sculpture, utilizing funds provided by the Grantee. (b) Relocate and replace the arrow signs in the traffic circle to a less intrusive location with signs more appropriate in scale to the Hunt sculpture. The new location and sign dimensions must comply with state signage regulations. (c) Cap the irrigation system within the proposed sculpture area (Roundabout) and salvage irrigation heads. (d) Provide traffic control for the Grantee during the installation of the sculpture upon a 48 hours notice. 2 (e) Grantor agrees to procure and maintain insurance coverage from an "A" rated insurance carrier naming the City of Muskegon as the insured on appropriate policy/ policies. 8. NON-ASSIGNABILITY. Grantee shall not sublet or assign its rights under this Agreement without written approval of the Grantor, which shall be at Grantor's sole discretion. 9. PERMITS. For the duration of this Agreement and/or Grantee's use and/or occupancy of the Premises, Grantee at its sole cost shall have the sole responsibility for obtaining and maintaining all necessary permits needed to comply with local, state, and federal regulations, rules, ordinances and statutes governing the use and occupancy of the property. 10. CONDEMNATION. If part of or all of the Premises is taken by a governmental agency such that the use of the Premises is prohibitive, then this Agreement shall terminate as of the date the condemning authority takes possession of any part of or all of the Premises and Grantee shall immediately remove the sculpture from the Premises at Grantee's expense. The compensation awarded for a taking of the Premises shall belong to Grantor except for any relocation benefits for the sculpture to which Grantee may be entitled. Grantee hereby assigns all claims against the condemning authority to Grantor, including, but not limited to, any claim relating to Grantee's leasehold estate. "Taken" or "Taking" means acquisition by a public authority having the power of eminent domain by condemnation or conveyance in lieu of condemnation. 11. MISCELLANEOUS. (a) The Agreement shall be governed by the laws, rules and regulations of the State of Michigan as well as any other applicable federal laws, rules and regulations. (b) Grantee shall not cause by act or omission waste or damage to the Premises. (c) Grantee's use of the Premises shall not result in or cause a nuisance to other persons or entities. (d) This Agreement shall be binding upon the successors, assigns, vendors, grantees and trustees of the paiiies. (e) The City will not be responsible for any damages resulting from any work performed on the infrastructure. 3 (b) Grantee shall not cause by act or omission waste or damage to the Premises. (c) Grantee's use of the Premises shall not result in or cause a nuisance to other persons or entities. (d) This Agreement shall be binding upon the successors, assigns, vendors, grantees and trustees of the parties. (e) The City will not be responsible for any damages resulting from any work performed on the infrastructure. IN WITNESS WHEREOF, the parties have executed this agreement effective this 13th day of JONE , 2008 ("Effective Date"). CITY OF MUSKEGON Dated: 6/10/08 GRANTOR COMMUNITY FOUNDATION FOR MUSKEGON COUNTY Dated: &1//b 1/01 GRANTEE By: Orn,,~ Its: -~=t =~c.....:s-:--",c/4='£"-- . .u___,,_T_ __ Attest: It's Secretary 4 DATE: 05/16/2008 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN080018 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 371 HOUSTON AVE -Area 10 is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN080018 - 371 Houston Location and ownership: This structure is located on Houston between Fifth and Sixth Streets and is owned by Deutsche Bank National Trust Company, 3 Ada, Irvine, CA 92618. Staff Correspondence: A dangerous building inspection was conducted on 01/17/08. The Notice and Order to Repair was issued on 01/24/08. On 03/07/08 the HBA declared the structure substandard and dangerous. Owner Contact: No one was present for the HBA meeting dated 03/07/08. A contractor who is bidding on repairs scheduled interior inspection for 05/21 /08. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $31,800 (Entire property) Estimated cost to repair: $10,000 (Exterior Only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Wednesday, January 23, 2008 Enforcement# EN080018 Property Address 371 HOUSTON AVE Parcel #24-205-369-0001-10 Owner DEUTSCHE BANK NATL TRUST COMPANY Inspector: Henry Faltinowski Date completed: 01/17/2008 DEFICENCIES: Uncorrected 1. Repair chimney - open mortar in brick - cracked cap. 2. Tuck point open gaps in foundation walk. 3. Scrape and paint all exterior wood - windows frames. 4. Replace shingles on north entry overhang. 5. Replace all damaged basement window openings that are rotted - treated wood. 6. Replace gable shingles on north side on gable wall. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date SUMMARY FOR: 371 HOUSTON A VE This structure is a 3 unit wood framed apmtment building. This building is currently falling into disrepair and the current owner shows no interest in maintaining this building. The Inspections Department has had to secure this building twice since August of last year. DATE: 05/15/2008 TO: Honorable Mayor and Commissioners FROM: Mark Kincaid, Deputy Director of Public Safety RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: EN070046 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 1752 BEACH ST is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: # EN070046 - 1752 Beach Location and ownership: This structure is located on Beach St. between Wilcox Ave. and Lakeshore Dr and is owned by Allan Seger, P.O. Box 7180, Ann Arbor, Ml 48107. Staff Correspondence: A dangerous building inspection was conducted on 03/16/07. An interior inspection was conducted 07/12/07. The Notice and Order to Repair was issued on 03/29/07. On 06/07/07 the HBA declared the structure substandard and dangerous. Owner Contact: The owner was present for the HBA meeting dated 06/07/07 Mr. Seger met with Don LaBrenz and a building permit was issued 08/07/07 with an expiration date of 05/03/08. No inspections have been scheduled and no other permits issued to complete repairs. Financial Impact: General Funds Budget action required: None State Equalized value: $73,900 (Entire property) Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. CITY OF MUSKEGON 933 Terrace St., P.O. Box 537, Muskegon, Ml 49443 (231) 724-6715 DANGEROUS BUILDING INSPECTION REPORT Monday, March 19, 2007 Enforcement # EN070046 Property Address 1752 BEACH ST Parcel #24-505-002-0006-00 Owner SEGER ALLAN Inspector: Henry Faltinowski Date completed: 03/19/2007 DEFICENCIES: Uncorrected 1. Garage - Structural repair needed - roof, walls, foundation. 2. Front entry stairs replace to code. 3. Replace damaged deck to code - repair. 4. Structural damage to roof. 5. Large bows in bearing walls. 6. Foundation walls on home need structural repair. 7. Front entry door - replaced. Request interior inspection by all trades, electrical, mechanical and plumbing. Please contact Inspection Services with any questions or to schedule an inspection at 933 Terrace St., Muskegon, Ml 49440 (231) 724 6758. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. Henry Faltinowski, Building Inspector Date City of Muskegon 933 Terrace St., P.O. Box 536, Muskegon, Ml 49443 (231) 724-6715 Tuesday, July 24, 2007 DANGEROUS BUILDING INTERIOR INSPECTION REPORT Property Address: 1752 BEACH ST Parcel# 24-505-002-0006-00 Owner: SEGER ALLAN Inspection Type: DB Interior Inspection Inspector: Henry Faltinowski Date completed: 07/12/07 DEFICIENCIES: Uncorrected - Interior 1. Need smoke detectors. 2. Replace heating system. 3. All Plumbing to comply with MRC. 4. Remove all knob & tube wiring. 5. Remove all open splicing. 6. Miscellaneous light fixtures missing. 7. All wiring to comply with MRC. 8. Main beam not plumb or level. 9. Footing under support beams failing. 10. Joists not properly supported at block, bearing wall. 11. Floor at west wall water damaged and dry rotted. 12. Interior header too small and bowed. 13. Miscellaneous loads not bearing on foundation. 14. Ceiling joists cut or notched. 15. Rear wall to be reframed and re-sheeted (badly rotted from water damage). 16. Improperly installed windows. 17. Deck and stairs to be replaced. 18. Building not protected from weather. 19. Garage in general state of disrepair, numerous structural issued noted. Based upon my recent inspection of the above property I determined that the structure meets the definition of a Dangerous Building and/or Substandard Building as set forth in Section 10-61 of the Muskegon City Code. DON LABRENZ, BUILDING INSPECTOR DATE SUMMARY FOR: 1752 BEACH ST The structure is a single family wood frame dwelling. In August 2007 the property owner asked for and received 9 months to make repairs to this structure. A building permit was issued August 7, 2007 that has since expired without inspections. No permits have been applied for or issued for plumbing, mechanical, or electrical work. This building is seriously deteriorating and has numerous structural deficiencies. If this building is left unrepaired, it will continue to be a blighting influence on the Pere Marquette Park area.
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