City Commission Packet Archive 03-22-2005

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       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                         MARCH 22, 2005
      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:
     A. Sarah Johnson
     B. Larry DeCou
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
     B. Request to Fly the Norwegian Flag. CITY CLERK
     C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
        the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
     D. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
        the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
     E. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance for
        Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
     F. FIRST READING: Rezoning Request for Properties Located at 704, 714, 724,
        and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
     G. The Abonmarche Group Agreement. LEISURE SERVICES
     H. Street Lights on Shoreline Drive between Spring and Eastern. ENGINEERING
o PUBLIC HEARINGS:
     A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis.
        ENGINEERING
     B. Create a Special Assessment District for Franklin Street. Laketon to Ireland.
        ENGINEERING
         C. Community Development Block Grant/HOME Final Allocation Decision.
            COMMUNITY & NEIGHBORHOOD SERVICES
         D. 2005 - 2010 Consolidated Plan and Accept the Consolidated Plan and Direst
            Staff to Continue the Public Comment Period.            COMMUNITY &
            NEIGHBORHOOD SERVICES
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
         A. Environmental Program Mowing and Trash Clean-up Contract. PLANNING &
            ECONOMIC DEVELOPMENT
         B. Contract Extension Agreement - One-Year Street Sweeping Contract for
            2005. PUBLIC WORKS
         C. Bathroom Facilities Agreement with Fisherman's Landing, Inc.                                 CITY
            MANAGER
         D. Consideration of Bids for Clay Avenue, Terrace to Spring. ENGINEERING
         E. 2005 Fire Act Grant. PUBLIC SAFETY
         F. Concurrence with the Housing Board of Appeals Notice and Order to
            Demolish the Following. PUBLIC SAFETY
                  1. 1907 Hoyt
                  2. 291 Washington (Area lOb)
                  3. 1142 Washington (Area 12)
                  4. 1694 Pine
                  5. 1756 Ray - Garage
o ANY OTHER BUSINESS:
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 the agenda or located in the back of the room.
~   Submit the form to the City Clerk.
>   Be recognized by the Chair.
>   Step forward to the microphone.
>   State name and address.
>   Limit of 3 minutes to address the Commission.
>   {Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o CLOSED SESSION:
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
                   CITY OF MUSKEGON
                   STATE OF MICHIGAN

                         PROCLAMATION


WHEREAS, the City of Muskegon pauses to honor and recognize Larry
         Decou selflessly risking his life to rescue three duck hunters on
         the Muskegon River Saturday the 20th day of November, 2004;
         and

WHEREAS, a catastrophe was avoided because of a quick response to
         danger and life saving action demonstrated by Larry Decou;
         and

WHEREAS, this courageous action in averting what could have been a
         tragic loss to family, friends, and community deserves special
         recognition by the governing body ofthis city; and

NOW, THEREFORE, BE IT RESOLVED, that I, Steve Warmington, Mayor of
         the City of Muskegon, and speaking on behalf of the City
         Commission and citizens of Muskegon, do hereby set aside
         March 22, 2005, to honor Larry Decou for his heroism.

IN WITNESS WHEREOF, we hereunto set our hands and cause the seal of
          the City to be affixed this 22"d day of March 2005.



Stephen J. Warmington, Mayor           Bill Larson, Vice Mayor


Chris Carter, Commissioner             Stephen J. Gawron, Commissioner



Clara Shepherd, Commissioner          Kevin Davis, Commissioner


Lawrence 0. Spataro, Commissioner
Date:     March 22, 2005
To:       Honorable Mayor and City Commissioners
From:     Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Community
Relations Committee and the Commission Worksession that was held
on Monday, March 7, 2005; and the Regular Commission Meeting that
was held on Tuesday, March 8, 2005.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
       CITY OF MUSKEGON
         CITY COMMISSION MEETING
                        MARCH 22, 2005
      CITY COMMISSION CHAMBERS@ 5:30P.M.
                                  MINUTES
   The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30p.m., Tuesday, March 22, 2005.
   Mayor Warmington opened the meeting with a prayer from Pastor Sarah Johnson
of the Word of Truth Outreach 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 Bill Larson, Commissioner
Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen Gawron, City Manager
Bryon Mazade, City Attorney John Schrier, and Deputy City Clerk Linda Potter.
   Absent: Commissioner Clara Shepherd (excused)
2005-28 HONORS AND AWARDS:
     A. Larry DeCou.    Proclamation was presented to Larry DeCou by Mayor
Warmington.
2005-29 CONSENT AGENDA:
     A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee and the Commission Worksession that was held on Monday, March 7,
2005; and the Regular Commission Meeting that was held on Tuesday, March 8, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
     B. Request to Fly the Norwegian Flag. CITY CLERK
SUMMARY OF REQUEST: The Sons of Norway request permission to fly the Norwegian
Flag outside City Hall on Tuesday, May 17th to celebrate Norwegian Independence
Day.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
      C. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
         the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to clarify the
definition for "Setback, Front".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to clarify the definition for "Setback, Front".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment. with B. Turnquist and S. Warmington absent.
      D. FIRST READING: Zoning Ordinance Amendment to Article II (Definitions) of
         the Zoning Ordinance. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Article II (Definitions) to add a definition
for "Informational Sign".
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to add a definition for "Informational Sign".
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment. with B. Turnquist and S. Warmington absent.
      E. FIRST READING: Zoning Ordinance Amendment to the Sign Ordinance for
         Campus Signage. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2334(10.) of Article XXIII (General
Provisions) to amend the sign ordinance language regarding campus signage.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance
to amend the sign ordinance language regarding campus signage.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the amendment at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
     F. FIRST READING: Rezoning Request for Properties Located at 704, 714. 724,
        and 734 E. Apple Avenue. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone properties located at 704, 714, 724, and
734 E. Apple Avenue, from R-1. Single Family Residential to B-2, Convenience &
Comparison Business.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the request.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval
of the request at their 3/10/05 meeting. The vote was unanimous in favor of the
amendment, with B. Turnquist and S. Warmington absent.
      G. The Abonmarche Group Agreement. LEISURE SERVICES
SUMMARY OF REQUEST: To approve a professional service agreement with The
Abonmarche Group to provide engineering services for the Phase Ill marina
improvement project at Hartshorn Marina.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve.
      H. Street Lights on Shoreline Drive between Spring and Eastern. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Consumer
Energy to install a total of nineteen ( 19) street lights along the newly constructed
section of Shoreline Drive between Ryerson Creek and Webster Avenue to the north
east. Some of the proposed lights will be installed along the realigned Ottawa Street
between Western & Shoreline Drive. This request does not encompass the remainder
of the Shoreline Drive route between Ryerson Creek & First due to on-going
negotiations regarding the soil conditions in that area. The proposed street lights will
be similar in appearance to those installed on Harvey Street by the crossing mall in
Fruitport Township.
FINANCIAL IMPACT: $29,200.
BUDGET ACTION REQUIRED: None at this time since the cost is expected to be an
eligible expense to the state's grant.
STAFF RECOMMENDATION: Authorize staff to sign the contract with Consumer Energy
to install the street lights as described.
Motion by Commissioner Carter, second by Commissioner Spataro to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
            Nays: None
MOTION PASSES
2005-30 PUBLIC HEARINGS:
      A. Create a Special Assessment District for Ireland Avenue, Franklin to Davis.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Ireland, Davis to Franklin, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:38 p.m. to hear and consider any comments from
the public. Comments in opposition were heard from Richard Smith, 1151 Ireland.
Motion by Commissioner Gawron, second by Commissioner Carter to close the Public
Hearing at 5:47 p.m.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to table the
special assessment of Ireland, Davis to Franklin to the April 12th meeting.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
            Nays: None
MOTION PASSES
      B. Create a Special Assessment District for Franklin Street. Laketon to Ireland.
         ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed special assessment
for Franklin, Laketon to Ireland, and to create the special assessment district and
appoint two City Commissioners to the Board of Assessors if it is determined to
proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign two
City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:48 p.m. to hear and consider any comments from
the public. Comments in opposition were heard from: John Hulka, 1028 W. Larch;
Robert O'Conner representing 1721 Franklin, 1735 Franklin, and 1045 W. Larch; and
Mark Bouwkamp, 1027 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 6:06 p.m.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to table the
special assessment of Franklin, Laketon to Ireland to the April 12th meeting.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
            Nays: None
MOTION PASSES
      C. Community Development Block Grant/HOME Final Allocation Decision.
         COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2006 CDBG/HOME allocations. After the Public Hearing is over, it is
hoped that the Commission will make their final allocation decision concerning the
2005-2006 CDBG/HOME allocations for this coming fiscal year. The Commission has
received the recommendation from the Citizen's District Council and the City
Administration. The Commission made their preliminary recommendations during the
March 8, 2005, City Commission Meeting. After receiving the Commissions final
allocation decision, the CNS Office will amend the City's 2005-2006 Action Plan if
needed and continue the comment period until April 17. 2005. At that time, the City
will request the U.S. Housing and Urban Development Department for the release of
the funds for the 2005-2006 fiscal year to begin June 1, 2005.
FINANCIAL IMPACT: The decision will determine the CDBG/HOME budget for 2005-
2006.
BUDGET ACTION REQUIRED: The decision will establish the budget.
STAFF RECOMMENDATION:          The Commission has already received the staff
recommendation.
The Public Hearing opened at 6:08 p.m. to hear and consider any comments from
the public. Mayor Warmington called a break in the Public Hearing from 6:20 p.m. to
6:30p.m. Comments were heard from Lois Springs, 313 W. Webster, representing Red
Cross; Diana Miller, 280 Ottawa, representing Muskegon Habitat for Humanity; Dave
Eling representing Veterans Affairs; Wilma Cullen representing Healthcare Agency;
Joseph Bush, 1506 Lexington representing Neighborhood Invest. Corp., 1115 Third
Street, and Jamie Langlois, 280 Ottawa, representing Habitat for Humanity.
Motion by Commissioner Gawron, second by Vice Mayor Larson to close the Public
Hearing at 7:14p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
Community Development Block Grant/HOME allocations as recommended by the
Citizen District Council.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
      D. 2005 - 2010 Consolidated Plan and Accept the Consolidated Plan and
         Direct Staff to Continue the Public Comment Period. COMMUNITY &
         NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: For the City Commission to conduct a Public Hearing in
reference to 2005-2010 Consolidated Plan in order to receive comments from the
public concerning the City's five-year plan produced by the CNS Office. After the
Commission has received comments from the public, the CNS Office asked that the
Commission approve the Consolidated Plan and direct the CNS Office to continue
the public comment period which began March 17, 2005, and ends April 17, 2005.
After receiving the Commissions approval on or about April 17, 2005, the CNS Office
will deliver the Consolidated Plan with all other required documentation to the U.S.
Department of Housing and Urban Development for their approval.
FINANCIAL IMPACT: The City is required to produce a Consolidated Plan to continue
receiving CDBG and Home funding.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Consolidated Plan.
The Public Hearing opened at 7:17 p.m. to hear and consider any comments from
the public. Comments were heard from Jason Bolton, 1182 W. Dale.
Motion by Commissioner Spataro, second by Commissioner Carter to close the Public
Hearing at 7:23 p.m., accept the Consolidated Plan and direct staff to continue the
public comment period.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
            Nays: None
MOTION PASSES
2005-31 NEW BUSINESS:
      A. Environmental Program Mowing and Trash Clean-up Contract. PLANNING &
         ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The contract for mowing of lots and trash clean up of public
and private properties previously held by Freelance Enterprises Inc. will expire on
March 28, 2005. A request for bids was advertised and two companies placed bids.
Freelance Enterprises is the low bidder for a two-year agreement.
FINANCIAL IMPACT: the bids came in lower than the amounts paid under the
previous contract, this may lower the cities costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract and to authorize the Mayor and
City Clerk to sign a two-year agreement with Freelance Enterprises, for the mowing of
lots and trash removal on properties located within the City.
Motion by Commissioner Carter, second by Commissioner Gawron to approve the
environmental program mowing and trash clean-up contract with Freelance
Enterprises.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Spataro, and Warmington
            Nays: None
MOTION PASSES
      B. Contract Extension Agreement - One-Year Street Sweeping Contract for
         2005. PUBLIC WORKS
SUMMARY OF REQUEST: To enter into a one-year contractual agreement with TRI-US
SERVICES, INC., to provide street sweeping services for 2005.
FINANCIAL IMPACT: $137,866.40 cost for one-year contract. Funds to cover all
expenses are budgeted. Trunkline expenses are reimbursed by State funding.
BUDGET ACTION REQUIRED:        None, monies appropriated in Highway and State
trunkline budgets.
STAFF RECOMMENDATION: Approve request to contract out service for one-year
extension as specified in previous contract.
Motion by Commissioner Carter, second by Commissioner Gawron to grant the
contract extension for one year.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Spataro, Warmington, and Carter
            Nays: None
MOTION PASSES
      C. Bathroom Facilities Agreement with Fisherman's        Landing, Inc.    CITY
         MANAGER
SUMMARY OF REQUEST: To approve a development and reimbursement agreement
between the City and Fisherman's Landing, Inc. The agreement will enable the
construction of a new bathroom facility at Fisherman's Landing and provides for a
reimbursement of the costs for the same by Fisherman's Landing, Inc.
FINANCIAL IMPACT: $146,926.24.
BUDGET ACTION REQUIRED: The 2005 budget will need to be readjusted to account
for this new expenditure.
STAFF RECOMMENDATION: To approve the agreement.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
agreement between the City and Fisherman's Landing, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Spataro, Warmington, Carter, and Davis
           Nays: None
MOTION PASSES
       D. Consideration of Bids for Clay Avenue, Terrace to Spring. ENGINEERING
SUMMARY OF REQUEST: Award the paving, using asphalt, and underground utility
construction contract (H-1592, W-666 & S-601) for Clay Avenue between Terrace and
Spring to Wadel Stabilization out of Hart, MI. Wadel was the lowest, responsible
bidder with a bid price of $364,887.60.
FINANCIAL IMPACT: The construction cost $364,887.60 plus engineering cost which is
estimated at an additional 15%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Wadel Stabilization.
Motion by Vice Mayor Larson, second by Commissioner Spataro to award the
contract for Clay Avenue, between Terrace and Spring to Wadel Stabilization.
ROLL VOTE: Ayes: Larson, Spataro, Warmington, Carter, Davis, and Gawron
             Nays: None
MOTION PASSES
      E. 2005 Fire Act Grant. PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission's
authorization to apply for a 2005 Fire Act Grant (Federal). The amount that will be
requested is $55,000. The funds will be used to purchase turnout gear, helmets and
boots. We would also purchase cold water rescue suits. We have previously applied
for, and been awarded, three grants under this program. The City is responsible for a
10% match ($5,500).
FINANCIAL IMPACT: The funds for the match would come from the Fire Department
equipment fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
Motion by Commissioner Spataro, second by Commissioner Gawron to approve the
application for the 2005 Fire Act Grant.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
             Nays: None
MOTION PASSES
      F. Concurrence with the Housing Board of Appeals Notice and Order to
         Demolish the Following. PUBLIC SAFETY
SUMMARY OF REQUEST: This is to request that the City Commission concur with the
findings of the Housing Board of Appeals that the structures listed above are unsafe,
substandard, a public nuisance and that they be demolished within thirty (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.
             1. 1907 Hoyt
LOCATION AND OWNERSHIP: This structure is located on Hoyt between Holbrook and
Keating and is owned by Scott Smith.
STAFF CORRESPONDENCE: This case began 6/13/03 because of the house being
vacant. open and large amount of trash and debris left. A police report dated
5/20/03 was issued answering complaint from neighbor because home was left open
and in a state of disrepair inside. A dangerous building inspection was conducted on
6/13/03 and an interior inspection conducted 7/9/03 the notice and order to repair
was issued on 8/22/03. On 10/2/03 the HBA tabled the case to allow owner time to
obtain permits and complete required repairs. The HBA declared the structure
substandard and dangerous on 12/2/04.
OWNER CONTACT: The owner was present for the HBA meeting in October of 2003
stating he planned on doing repairs but had just buried his son. There have been no
permits pulled or owner contact since that time. Brian Sokol representing Huntington
Bank requested copies ot inspection reports in December of 2004.
FINAN\    " ,JV\1-' Ai.....;: 0<:">r1eral Funds
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $33,800
ESTIMATED COST TO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
             2. 1142 Washington (Area 12)
LOCATION AND OWNERSHIP: This structure is located on Washington between
Barclay Street and Davis Street and is owned by Bank One Assoc., 9350 Waxie Way,
San Diego, CA 92123.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
5/12/04 and the notice and order to repair was issued on 5/12/04. On 8/5/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: No one was present to represent this case for the HBA meeting.
The only contact from the owner was after the first notice was issued. She called to
state she is being foreclosed on. She has moved out and left no forwarding address
with the Inspection Department.
FINANCIAL IMPACT: General Funds.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $30,900.
ESTIMATED COST TO REPAIR: $25,000 Exterior Only.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
            3. 1694 Pine
LOCATION AND OWNERSHIP: This structure is located on Pine between Dale and
Larch and is owned by Joel Ramos.
STAFF CORRESPONDENCE: This case began as a rental complaint because of a
collapsed ceiling. A dangerous building inspection was conducted 6/30/04. Notice
and Order was sent 7/23/04. The case came before the HBA 9/2/04 and was
declared dangerous, substandard and a public nuisance.
OWNER CONTACT: The owner wrote a letter to the Inspection Department dated
9/1 /04 stating that he had just purchased the home and due to financial strain was
not able to repair it. He asked for six months to make necessary improvements. An
electrical permit was pulled in 2/3/03 but no inspection was scheduled. No other
permits have been pulled or inspections scheduled and no further contact with
owner since that time.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $16.500.
ESTIMATED COSTTO REPAIR: $30,000
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
            4. 1756 Ray- Garage
LOCATION AND OWNERSHIP: this structure is located on Ray between E. Laketon
Avenue and E. Larch Avenue and is owned by Samuel/Debra McClure.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on
7/22/04 and the notice and order to repair was issued on 7/23/04. On 9/2/04 the HBA
declared the structure substandard and dangerous.
OWNER CONTACT: There has been no owner contact, no permits issued and no
inspections scheduled.
FINANCIAL IMPACT: CDBG Funds
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $15,900 (Entire Building).
ESTIMATED COST TO REPAIR: $2,500 (Exterior Only- Garage)
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals decision to demolish 1907 Hoyt, 1142 Washington, 1694
Pine, and 1756 Ray- garage.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, and Larson
            Nays: None
MOTION PASSES
            5. 291 Washington (Area 1Ob)
LOCATION AND OWNERSHIP: This structure is located on Washington between Sixth
Street and Seventh Street and is owned by Bank One Assoc., 9350 Waxie Way, San
Diego, CA 92123.
STAFF CORRESPONDENCE: a dangerous building inspection was conducted on
5/6/04 and an interior inspection on 8/2/04 the notice and order to repair was issued
on 5/7/04. On 8/5/04 the HBA declared the structure substandard and dangerous.
OWNER CONTACT: Mr. Holden was present to represent this case. He stated he lives
at 291 Washington and can start repairs in 30 days. He was given a copy of the
interior inspection that was conducted earlier in the week at the HBA meeting. There
have been no permits issued or inspections scheduled and no owner contact since
that time.
FINANCIAL IMPACT: CDBG.
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $13,300.
ESTIMATED COST TO REPAIR: $30,000.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Gawron to refer 291
Washington back to staff.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, and Spataro
            Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 7:38p.m.


                                           Respectfully submitted,




                                           Gail A. Kundinger, MMC
                                           City Clerk
Date:     March 22, 2005
To:       Honorable Mayor and City Commissioners
From:     Gail Kundinger, City Clerk
RE:       Request to Fly the Norwegian Flag




SUMMARY OF REQUEST: The Sons of Norway request permission to
fly the Norwegian Flag outside City Hall on Tuesday, May 1ih to
celebrate Norwegian Independence Day.


FINANCIAL IMPACT: None


BUDGET ACTION REQUIRED: None


STAFF RECOMMENDATION: Approval
                        ~nus           nf Nnrwau
                              Sognefjord Lodge No. 52 3




                                          '
March 14, 2005


City ofMuskegon
Clerk's Office

On behalf of Sognefjord Lodge 523, Sons of Norway, I would like to request permission
for our lodge to fly the flag ofNorway on Tuesday, May 17, 2005. May 17th is
Norwegian Independence Day. If it is possible we would like to display the flag as in the
past, in the :fi:ont of City Hall, facing Terrace Street.

Our lodge officers are as follows:

       President: Gordon Gutowski, 5 130 Davis Rd., Muskegon, MI 49441

       Vice President: Larry Bringedahl, 2358 Spruce St., Muskegon, MI 49444

       Secretary: Louise Engle, 4235 Dora! Dr., Muskegon, MI 49442

       Financial Secretary: J01·dis Hutchins, 3734 Patricia Dr., Muskegon, MI 49445

Our lodge is located at 420 Harvey Street, Muskegon, MI 49442. We are a Fraternal
Benefit Organization and have our 501(C)3 designation as a non-profit organization. I,
Gordon Gutowski, will be responsible for the flag 's condition and presentation.

Thank you for your consideration in this matter.

Sincerely,



Gordon M. Gutowski
President, Sognefjord Lodge 523
Affirmatln Action
(2" ~ )724-6703
FAX: (231)722wl214

Assessor/Equalization
(231)724-6708
FAX: (231)726-5181

Cemetery Department
(231)724-6783
FAX: (231)726--5617

City Manager
(231)724-6724                                    West Michigan's Shoreline Clty
FAX: (231)722-1214

Civil Service
(231)724-6716
FAX: (231)724-4405      March 23,2005
Clerk
(231)724-6705
FAX: (231)724-4178

Community and
  Neigh. Services
                        Mr. Gordon M. Gutowski
(231)724-6717           President, Sognefjord Lodge 523
FAX: (231)726--2501
                        420 Harvey Street
Computer Info.          Muskegon, MI 49442
  Systems
(231)724w6744
FAX: (231)722w4301      Dear Mr. Gutowski:
Engineering Dept.
(23 I )724-6707
FAX: (231)727--6904
                        Your request to fly the flag of Norway on Tuesday, May 17, 2005, in front of City
                        Hall has been approved by the. City Commission. If you have any questions,
Finance Dept.
(231)724-6713           please call me at 724-6915.
FAX: (231)724-6768

Fire Deparhnent         Thank you,

                        ~~
(231)724-6792
FAX: (231)724--6985

Income Tax
{23 I )724-6770
FAX: (231)724--6768     Linda Potter
Inspection Services     Deputy Clerk
(231 )724-6715
FAX: (231)728-4371

Leisure Services
(231}724-6704
FAX: (231)724-J 196

Mayor's Office
{231)724-6701
FAX: (231)722-1214

Planning/Zoning
(231)724-6702
FAX: {231)724..(i790

Pollee Deptartment
(231)724-6750
FAX: (231)722-5140

Public Works Dept.
{231)724-4100
FAX: (231)722w4188

Treasurer's Office
{231)724w6720
FAX: (231)724-6768

Water Billing Dept,
(231)724-6718
FAX: (231)724..(i768

Water Filtration
(231)7244106
FAX: {231)755-5290
                         City ofMuskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                   www.shorelinecity.com
                     Commission Meeting Date: March 252 2005




Date:           March 14, 2005
To:             Honorable Mayor and City Commissioners
From:           Planning & Economic Development C1J.._
RE:             Zoning Ordinance Amendment to Article II (Definitions) of the
                Zoning Ordinance




SUMMARY OF REQUEST:

Request to amend Article II (Definitions) to clarif'y the definition for "Setback, Front".


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff reconnnends amendment of the Zoning Ordinance to clarif'y the definition for "Setback,
Front".

COMMITTEE RECOMMENDATION:

The Planning Connnission reconnnended approval of the amendment at their 3/1 0 meeting. The
vote was unanimous in favor ofthe amendment, with B. Turnquist and S. Warmington absent.




3/14/2005
                    Commission Meeting Date: March 252 2005




Date:           March 14, 2005
To:             Honorable Mayor and City Commissioners
From:           Planning & Economic Development                  cJbC_.
RE:             Zoning Ordinance Amendment to Article II (Definitions) of the
                Zoning Ordinance




SUMMARY OF REQUEST:

Request to amend Article II (Definitions) to add a definition for "Informational Sign".


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to add a definition for "Infonnatioinal
Sign".

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the amendment at their 3/10 meeting. The
vote was unanimous in favor ofthe amendment, with B. Turnquist and S. Warmington absent.




3/14/2005
                      Commission Meeting Date: March 22, 2005




Date:          March 14, 2005
To:            Honorable Mayor and City Commissioners
From:          Planning & Economic Development                t13c
RE:            Zoning Ordinance Amendment to the Sign Ordinance for Campus
               Signage




SUMMARY OF REQUEST:

Request to amend Section 2334 (I 0.) of Article XXIII (General Provisions) to amend the sign
ordinance language regarding campus signage.


FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance to amend the sign ordinance language
regarding campus signage.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the amendment at their 3/10 meeting. The vote
was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.
                      Commission Meeting Date: March 22, 2005




Date:             March 14, 2005
To:               Honorable Mayor and City Commissioners
From:             Planning & Economic Development c..6 C.,
RE:               Rezoning request for properties located at 704, 714, 724,
                  and 734 E. Apple Avenue


SUMMARY OF REQUEST:

Request to rezone properties located at 704, 714, 724, and 734 E. Apple Avenue, from R-1,
Single Family Residential to B-2, Convenience & Comparison Business.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends approval of the request.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 3/10 meeting. The
vote was unanimous in favor of the amendment, with B. Turnquist and S. Warmington absent.




        0:\Planning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\704 E. Apple.doc   1
Date:     March 22, 2005
To:       Honorable Mayor and City Commissioners
From:     Melissa Haug    1{). 4.)~-
RE:       The Abonmarche Group agreement


SUMMARY OF REQUEST:
To approve a professional service agreement with The
Abonmarche Group to provide engineering services for the
Phase III marina improvement project at Hartshorn
Marina.


FINANCIAL IMPACT:
Approximately $104,253.     A 50% match will be provided by
the MDNR.


BUDGET ACTION REQUIRED:
The City is in the process of borrowing funds.


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
 A: irmative Action
 1231)724-6703
 FAX: (231)722-1214




 8~'J\W4!6~3:\'"rtment
 FAX: (231)726-5617


 C ity Manager
 1231)724-6724                                          West Michigan's Shoreline City
 FAX: (231)722-1214


 Civil Service
 1231)724-67 16
 FAX: (231)724-4405      Date:           March 22, 2005
                         To :            Honorable Mayor and City Commissioners
 C lerk
 (231)724-6705
 FAX: (231)724-41 78     From:           Melissa Haug    ~. ~.
Community and            Re:             The   Abonmarche Group··;gree~nt
12~f:r,h.~W1ces
FAX: (23 1)726-2501


Computer Info.           I  am requesting your approval of the professional
(l~m~~·-·6 744           service agreement with The Abonmarch Group to provide
FAX: (231)722-4301
                         engineering   services  for    the   Phase III Marina
~'3i\~~":lt~~eJlt.
                         Improvement project at Hartshorn Marina.
FAX: (23 1)727-6904
                         The cost of the services is approximately $104,253.00
                         with a 50 % match being provided by the MDNR. The actual
                         cost of the agreement will depend on actual construction
                         costs.
nnNif-';;192
FAX: (231)724-6985       Thank you for your consideration .

Income Tax
1231)724-6770
FAX: (231)724-6768




Leisure Services
1231)724-6704
FAX: (231)724- 1196




P lannim!IZoning
(23ll72<f-6702
FAX: (231)724-6790




~~~~~2\~~~~ DetJt.
FAX: (231)722-4 188


Treasurer's Office
123 1)724-6720
FAX: (231)724-6768


n'mM~~~~~t'~ nept.
FAX: (231)724-6768


Water Filtration
(231)724-41 06
FAX: (231)755-5290

                                City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
                                                           www.shorelinecity.com
                                   CITY OF MUSKEGON
                               HARTSHORN MARINA- PHASE III

                            PROFESSIONAL SERVICES AGREEMENT
                                  WATERWAYS PROJECT


        THIS AGREEMENT, entered into the j,}'J day of~, A.D., 2005, by and between the

City of Muskegon, hereinafter referred to as the "OWNER", AND Abonmarche Consultants. h1c..

hereafter referred to as the "ENGINEER/ARCHITECT".

        WITNESSETH:

        WHEREAS, the Owner is desirous of constructing certain recreational boating facilities to

be developed on or adjacent to certain properties of Owner located at Hartshorn Marina; and

        WHEREAS, the Owner desires that a .complete preliminary study be made to determine the

feasibility and the most desirable means of constructing said recreational boating facilities; and

        WHEREAS, Engineer/Architect engages in the business of furnishing professional

engineetinglarchitectural services within the State of Michigan; and

        WHEREAS, the Owner desires to engage the Engineer/Architect to make and to complete

such a preliminary study including, but not limited to, conducting the necessary surveys and to

prepare the necessaty reports, sketches, drawingS, designs, outline specifications, preliminmy cost

estimates; and

        WHEREAS, the Owner, at its meeting held the        g     day of Jlkr:dL, 2005, authorized the

execution of this professional services agreement.

        NOW THEREFORE, the parties hereto do. mutually agree as follows:

        1. The Engineer/Architect agrees to condl1ct a preliminary study, which shall confom1 with

professional standards and.shall be conducted with the view towards dete1mining the economic and

physical feasibility of accomplishing the construction of certain recreational boating facilities to be

developed on or adjacent to certain properties of Owner located at Hartshorn Marina. All plans,

reports and other documents shall be prepared under the direct supervision of and signed and sealed

by a registered professional engineer/architect duly registered as such in the State of Michigan. The

said study shall contain, in addition to the usual content of such study, such additional data as is set

forth hereinafter.

        2. The Engineer/Architect agrees to perform the following services:

                 a, To make such tepegrapflie aRd hydrographic surveys as shall be necessary to:
                           (I)   Leeate all strnetHres, rirelines, eleetrieal lines:;--telerflea.e----lines;---BHd

sewers; rflysieal fuat=Hres; greunEl elevatieas aH.d-like infermatien.

                           (2) Detetmine underwater navigational hazards and limits of areas to be

dredged.

                           (3) Make reasonably accurate estimates of the volume of material to be

dredged, excavated, and/or required for fill.

                           (4) Aseertain whetHer a rrefJerty survey is neeessary and aElvise the Owner

in ¥/i·itiag ef tHe neeessity ef making the same, the reasetM~'fiy smffi sur1ey is neeessary, an<Hfte

estimated east tflereef. The Engineerh'\rehiteet sHall net eenffilet--e.r B.a:ve eemlueteEl a rreperty

survey :·mless-speeifieally al:ltflerizeEl te Ele se in wri!ing by the-G-waer. 1R tile eveat the Owner shall

sa B:Htilerize the Engineer/A:rehiteet, tfle-eest ef saiEl rreperty survey shall be eensiElereEl an

aElElitienal item abeve anEl beyeaEl--the eemfJensatien hereinafter previEled. A property survey shall

eeasist ef leeating and staking eemers ef the fJreperty at-:El previding tke Owaer witH a legal

Eleseriptien ami sketeh signeEl anEl seal eEl by a registereEl lanEl sun'SJ'Bf.              In tlle event t-He

Engineer/:/Hehiteet sHall perferm er have perfenneEl a property SHF'Iey witileut the ffiifJress written

eensent ef fue Owner, tile Ovmer shall in ne manner Be eBligateEl te pay any aElElitienal sum te the

Bngiaeer/Pttehiteet as a resalt ef his making er ha-ving ea.-usefr-t.e--be-rna6e---sB:eh HHa.-utherize6:

J3fSJ'}ert)' SHrvey.


                   b.   Te make sueh stH6:ies ef seil eenditieHs as are Reeessary te desiga l:milEling

FEnmda-tieRS, feuHElaHen piles, SflriHg piles, fltt\'BlfleHtS, ramps, emBBfllrmeats, Bllikheads,          ana   te

detelllline fJBSsible Elif:HeBlties, whiefl may Be eRee:-mtereEl in Elredging, ffifGfr\'a-tiHg, aHEiter filling .

.SHeft stuElies shall inehtEle But shall Bet-be limited te the fellewing:

                           (1) OBtaiHing all the fr\'ai~a-Ble Ela-ta reganliag seil een6:itieHs iHelHdiag, l:mt

net limited te, r0j3erts prepared by the U.S. 1\rmy, CerfJs-of Engineers, rCflffi:'ts--FlrepareEl By er fur

the--Ov·Her er etHers in the area, FCflBrts fJ_FCflBF8fl By er fur the DeparhBBRt ef Transpertatien,

Eiiseussiens with persens whe may Be familiar ·vith seil eeHEiitiens in the area, anEi the gathefl.a.g-ef

all ether like informatien whieh may Be-reaseHaBly a-vailaBle.

                           (2) A4akiHg saeh-preBiHgs anEi sflallew--auger berings as are Hsually inelaEleEl

within tile seepe efflreliminary stHElies, But enek-I~ing the-taking eftest Berings.




                                                        2
                              (3)     Detennining the necessity for making test borings and/or like

investigations.        If the Engineer/Architect determines such investigations and explorations are

necessary, he shall set forth in writing the reasons why he deems such test or tests are necessary and

advise the Owner of the estimated cost of making ·the same. The Engineer/Architect shall not make

or cause to be made such investigations or explorations without the express written consent of the

Owner. In the event the Owner authorizes the making of such investigations and explorations, the

actual cost of making the same shall be an additional cost above and beyond the hereinafter

provided compensation. In the event the Engineer/Architect shall make or cause to be made such

explorations and investigations without first obtaining written permission from the Owner, the

Owner shall not be liable for the cost of making the same.

                  c.        Te flFeflB£6 preliminary ElesigHs BflEl eelRfllete preliminary eest estima-tes

aeeessa1y              te           Elet8fffline        tfte       feasiBilitj       anEl        eest          ef



                  d. To prepare and provide to the Owner and to the Parks and Recreation Division,

Department of Natural Resources, each 10 copies of the following items and materials:

                              (1)    f._   writteH FBf!ert Eleseribing tHe proeec:htres anEl metfleEls HseEl   IH


aeeemplishiag the flFeliminary study reEJ:HireEl by this Agreement.

                              (2~    A fllan ef the site ef the werlc shewing Base lines, BeBeh marlcs,

prepeseEi er aetHal Bering anElter flr=ebing leeatiens, legs ef all stt8sHrfaee iw/estigatiens anEl all

~eat tepegrafllt)· inelHElia-g seHHElings refmreEl te lntema-tienal Great Lakes DatHm.


                              (3) A preliminary plan of the recommended work plus infmmative sections

and elevations.

                              (4) A preliminmy cost e~timate for the recommended project subdivided

into quantities and unit prices, and additional preliminary cost estimates and descriptions of other

methods of providing the recreational boating facilities considered in aniving at the recommended

project. Such cost estimate shall include an item for contingencies and an item for engineeling.

                  e. Te make SHefl ether stwiies ami investigatieHs and te prepare sHefl ether fllans,

1'6flB11s, anEl GeeHments as are generally inelwieEl within the seefle--ef..a..prelimiHary stHEly.

        3. The Owner agrees to pay and the Engineer/Arc hi teet agrees to accept:




                                                               3
                a. Two and one-half (2.50) times the direct payroll costs incurred, not to exceed

$7,500 as compensation for making whatever topographic and hydrographic surveys as are

necessary. Direct payroll costs are defined as the actual amount paid the employee for work on the

project exclusive of fiinge benefits, vacations, sick leave, other indirect costs and profit. It is to be

understood that the above compensation does not include payment for property surveys. If a

property survey is authorized by the Owner, payment for such a survey will be made.

                b. A fee of twenty-five hundred dollars Dollars, ($ 2,500 ), as compensation for

the preliminary study. All charges incmTed by the Engineer/Architect in canying out this contract

including, but not limited to travel expense, phone calls, telegrams, employee payroll for both office

and field work, Engineer/Architect time and materials furnished, subsurface explorations not

otherwise excepted, and all other work and services necessary for the completion of the said

preliminary study shall be regarded as being compensated for in full at the time of payment to the

Engineer/Architect of the fee set fmih in this Agreement.

        The Engineer/Architect shall complete the said preliminary study no later than 30 days

_calendar days following execution of this cont_ract and subsequent written notice to proceed with

the preliminary study by the Owner.

        4. In the event that the Engineer/Archi~ect shall be retained to accomplish the work of

preparing final construction drawings, specifications and final estimates; advertising for bids and

awarding of contracts; supervising construction; including, but not limited to, consultation and

periodic inspection, preparing estimates for progress payments to the contractors, assisting in

interpretation of drawings and specifications, checking of shop drawings, reviewing changes

required, preparing change orders, checking estimates of any additional work, and assisting in the

final inspection and approval of perfonnance, said Engineer/Architect shall be paid pursuant to the

schedule hereinafter set fmih. In addition to the above and as a part of the services descdbed

herein, the Engineer/Architect shall:

                a. Prepare the necessary forms and apply for all permits. Tllis includes, but is not

limited to, pennits required by the following agencies:

                        (!) U.S. Almy, Corps ofEngineers.




                                                   4
                       (2)   Land and Water Management Division, Michigan Depatirnent of

Environmental Quality, and

                       (3) The agency administering the Soil Erosion and Sedimentation Act.

               b. Furnish the Owner, upon completion of all construction work, one complete set

of reproducible "As Built" drawings which shall incorporate all changes which occurred after the

construction contracts were awarded.

       For preparation of final construction drawings, specifications and estimates, applications for

permits, and advertising, opening and tabulating bids, 75% of the total applicable fee as hereinafter

set forth shall be paid to the Engineer/Archi'tect.       For awarding of contracts, supervising

construction and related work, and preparing 11As Built" drawings, 25% of said total applicable fee

shall be paid to the Engineer/Architect. In addition to the above, the Engineer/Architect shall

fumish, at the site, a minimum number of hours of competent field supervision equal to 16 plus the

total amount of the fee in doiiars divided by 400. The Engineer/Architect shall also lay out a

baseline and establish a bench mark for the Contractor's use.        If, in the Engineer/Architect's

judgment, the nature of the work demands inspection or construction survey work beyond that

required in this agreement, the Engineer/Architect shall submit an estimate of the number of hours

and the extent of inspection and/or survey ·work to the Owner. This shall be submitted to the

Owner ptior to award of the contract. If the Owner authorizes inspection and/or construction survey

services beyond that required by this Agreement, the Engineer/Architect shall be compensated for

said services by a fee equal to two and one-half (2.50) times the direct payroll costs, as defined

under paragraph 3a, incurred in perfmming said services. The following fee schedule shall apply to

work performed under this Agreement by the Engineer/Architect and does not include the fee paid

for the preliminmy study:

       CONSTRUCTION COST

       Up to $25,000                          Fee to be negotiated
       $25,000 to $50,000                     $4,100 plus 8.5% of the costs over $25,000.
       $50,000 to $100,000                    $6,225 plus 7% of the costs over $50,000
       $100,000 to $1,000,000                 $9,725 plus 6.3% ofthe costs over $100,000
       $1,000,000 to $3,000,000               $66,425 plus 5.2% of the costs over $1,000,000
       $3,000,000 to $5,000,000               $170,425 plus 4.9% of the costs over$3,000,000
       $5,000,000 to $7,000,000               $268,425 plus 4.7% ofthe costs over $5,000,000




                                                 5
       The above fees shall apply to the construction costs based on the award of one construction

contract. In the event that multiple construction contracts are awarded, the fee shall be equal to the

fee based on the sum total cost of all the construction contracts taken together plus one-third of the

difference between that fee and the sum of the fees for each construction contract computed

individually. Payment to the Engineer/Architect shall be made on the basis ofthe contract price, or

sum of the prices, providing a contract or contracts are awarded. In the event contracts are not

awarded, payment shall be made to the Engineer/Architect upon the basis of the

Engineer/Architect's estimates of the cost of· construction.           Any payments made to the

Engineer/Architect which have been determined on the basis of the Engineer/Architect's estimates

shall be adjusted as necessary at such time as bids have been received and contracts awarded.

        5. Nothing herein contained shall be construed as an agreement or promise of any kind or

nature that the Engineer/Architect shall be engaged for any work relating to the project other than

that specified in paragraphs 1 and 2 hereof. Nothing herein contained shall be construed as an

agreement or promise of any kind that the Engineer/Architect shall receive any compensation other

than is specifically set forth in the agreement. The Owner specifically reserves the right to engage

any other Engineer/Architect at any time in relation to the project.

       6. The Engineer/Architect agrees that in the event the Owner desires to proceed with the

project using the Engineer/Architect's services fOr the design and supervision of construction, the

Engineer/Architect will perfmm such services and accept as compensation an amount determined

pursuant to the schedule contained in paragraph 4 hereof The Engineer/Architect shall not be

obligated to pcrfonn said design services and construction supervision unless he shall be so notified

by the Owner in writing within three years after the date of final payment for the preliminary study.

Assuming the Engineer/Architect is retained to proceed with the project, the Engineer/Architect

shall meet with the Owner and develop a progress schedule mutually agreeable to both pmties. At

that time, this schedule shall be marked Exhibit "A" and included as part ofthis Agreement.

       7. The Engineer/Architect shall purchase and maintain such insurance as will project him

from claims set forth below which may arise out of or result from the Engineer/Architect's service

under the Contract, whether such service be by himself or by any subcontractor         of   by anyone




                                                   6
directly or indirectly employed by any of the1~1, ·or by anyone for whose acts any of them may be

liable:

                 (a)   Worker's Compensation Insurance for claims under" Michigan's Worker's

Compensation Act or other similar employee benefit act of any other state applicable to an

employee.

                 (b) Employer's Liability Insurance, in conjunction with Worker's Compensation

Insurance, for claims for damages because of bodily injury, occupational sickness or disease or

death of an employee when worker's compensatio.n may not be an exclusive remedy, subject to a

limit of liability of not less than $100,000 each accident.

                 (c)   Automobile Insurance required by law for claims ansmg from ownership,

maintenance or use of a motor vehicle.

                 (d) General Liability h1surance for claims for damages because of bodily injmy or

death of any person, other than the Engineer/Architect's employees, or damage to tangible property

of others, including loss of use resulting by other specific liability insurance and are ordinarily

insurable under general liability insurance, subject to bodily injury limits of not less than $500,000

each occunence and $1,000,000 annual aggregate and property damage limits of not less than

$500,000 each occunence, or combined bodily··injury/property damage limits of not less than

$750,000 each occmrence and $1,000,000 ammalaggregate.

          Insurance required shall be in force until acceptance by the Owner of the entire completed

work, and shall be written for not less than' any limits of liability specified above.               The

Engineer/Architect has the responsibility of having any subcontractor comply with these insurance

requirements. Certificates of Insurance, acceptable to the Owner, shall be filed with the Owner

prior to commencement of the professional     servic~.   These certificates shall contain a provision that

coverages afforded under the policies will not be-modified or canceled without prior written notice

to the Owner.

          8. The Engineer/Architect agrees to be responsible for any loss or damage to propetty or

injmy, damage or death to persons due to the' negligent performance of the services of this contract,

and further agrees to protect and defend the Owner against all claims or demands of every kind

involving allegations of such negligent perfom1ance and to hold the Owner hannless from any loss




                                                    7
of damage resulting from any errors, omissions or negligent acts in the pcrfonnance of the services

of the contract. Such responsibility shall not be construed as a liability for damage caused by or

resulting from the sole negligence of the Owner, its agent other than the Engineer/Architect, or its

employees.

        9. The Owner shall have the right to assign all or any part of this Agreement.

        10. This Agreement is to engage the Engineer/Architect specified herein and no other. Tills

Agreement may not be assigned or subcontracted by the Engineer/Architect and the inability of the

Engineer/Architect to complete this agreement for any reason whatsoever shall be considered a

matelial breach of the Agreement and entitle the Owner to damages.

        11. The parties hereto agree that damages in the event of breach shall be the actual costs

resulting from the breach including, but not limited to, damages resulting from delay of the project,

the additional costs incurred by the Owner as a result of the breach of this Agreement, and like

damages which flow from said breach.

        IN WITNESS WHEREOF, the partieS hereto have hereunto set their hands and seals, the

day and date first above wlitten.

                                                               ~C"'ituv'-'o'"fc<M"'"u"'sl.,<ee~g;;o"'n'--_---'Owner

In presence of:




                                              Abonrnarche Consultants, Inc.            Engineer/Architect

                                                      By:      Clnistopher J. Cook. P.E.


                                                      Title:   Regional President




                                                 8
TO:             Honorable Mayor and City Commissioners

FROM:           Engineering

DATE:           March 22, 2005

RE:             Street Lights on Shoreline Dr. between Spring & Eastern


SUMMARY OF REQUEST:

Authorize staff to enter into an agreement with Consumer Energy to install a total of nineteen
(19) street lights along the newly constructed section of Shoreline Dr. between Ryerson Creek
and Webster Ave. to the nmth east. Some of the proposed lights will be installed along the
realigned Ottawa street between Western & Shoreline Dr. This request does not encompass the
reminder of the Shoreline Dr. route between Ryerson Creek & First due to on-going negotiations
regarding the soil conditions in that area.

The proposed street lights will be similar in appearance to those installed on Harvey Street by the
crossing mall in Fruitpmi TWP.

FINANCIAL IMP ACT:

$29200


BUDGET ACTION REQUIRED:

None at this time since the cost is expected to be an eligible expense to the state's grant.


STAFF RECOMMENDATION:

Authorize staff to sign the contract with C.E. to install the street lights as described.


COMMITTEE RECOMMENDATION:
Consumers Energy>

 Muskegon Customer Service Center
 2021 Hoyt Street, Muskegon Heights, Ml 49444 • (231) 722-2631 • Facsimile (231) 722-3138


 March 11, 2005

 City of Muskegon
 Mr Mohammed AI-Shatel
 933 Terrace St
 Muskegon, Ml 49443-0536

 Request Nbr: 02419967
 Rate Schedule: L3 - Municipality Lighting

 STREETLIGHTING AUTHORIZATION:

 Location(s
 Shoreline Dr

 Enclosed for approval and completion are two copies of the Resolution and Authorization for Change
 covering the replacement and/or installation of streetlights. In conjunction with this work, a non-
 refundable payment of $29,200.00 is required.

 Quantity       Description                                            Unit Cost             Unit Total
    19          Installation Charge per Streetlight                  $100.00 Each            $1,900.00
  3620          Trench Footage                                         $3.50 Per Foot       $12,670.00
    19          Fiberglass Bracket Pole 35 foot                      $770.00 Each           $14,630.00
      8         Cobra Head -High Pressure Sodium 400 Watt              $0.00 Each                 $0.00
     11         Cobra Head -High Pressure Sodium 250 Watt              $0.00 Each                $0.00

                                                                    Total Contribution:     $29,200.00

 Please sign and return one completed copy of the Resolution and Authorization for Change along with the
 required payment to my attention using the enclosed envelope.

 If you have any questions, please contact me at (231) 727-6540.




 Nicholas Page
 Customer Energy Specialist
 (231) 727-6540
 Muskegon
                                                                                                                                                  From       230 11-2004
                                                          ELECTRIC LINE
                                                  CONSUMERS' FACILITIES AGREEMENT
                                                              PART I


Date of Agreement: __3;:::/.:..11.:.:./=20:..:0:;::5__ Work Order Number:                05802634                 (Drawing Attached, Exhibit A)

Company:                                                                         Customer:

CONSUMERS ENERGY COMPANY
a Michigan Corporation                                                                                             City of Muskegon
                                                                                                                        (Name)

                            2021 Hoyt St                                                                           933 Terrace St
                                                                                                                (Street and Number)

                 Muskegon Heights, Ml 49444                                                                   Muskegon, Ml 49443
                      (Address)                                                                            (City, State and Zip Code)



Attention:-------------                                                                  Attention: _ ____:M=oh:.::a::m:.::m.:.:.e:..:d::..:A:.::I:...:-S:..:h.::a::;te::.:l_ __


Service Location:           Shoreline Dr
                            ~~~~------------------------




Township _ _ __:C::;it:!.y..:o.:..f.::M:::u;:;sk;::e:.gc::o:..:n_ _ __                       County _ _ _ ___::M::.:u::::sc:ke::;go.:o::;n'------

Town _ _ _ _ _1:::0'------                                   Range _ _ _ _:...:1::.6_ _ __                               Section -----=20:.__ __


Cost Estimates:               $                         16,530.00
                                                                                                                                                      RECEIVED
                                                                                                                                            CITY OF MUSKEGON
Date Prepared:
                                                                                                                                                   MAR 28 2005
                                                                                                                                       ENGINEERING DEPARTMENT
NOTE: ADDITIONAL CHARGES MAY BE OWED. SEE PART II, SECTION 2 and 5 FOR DE:l::-;;A;;U.;·.s.-,;-_ _ _ _ _ _ ____J

The Cost Estimate is good for sixty (60) days from the date prepared above. Part II, CONSUMERS' FACILITIES
MODIFICATION AGREEMENT TERMS AND CONDITIONS is attached hereto and Is a part of this Agreement.
CUSTOMER ACKNOWLEDGES HAVING READ SAID TERMS AND CONDITIONS. CONSUMERS ENERGY
COMPANY EXPRESSLY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS SET
FORTH IN ANY PURCHASE ORDER ISSUED BY CUSTOMER OR IN ANY OTHER CONTRACT DOCUMENT
ISSUED BY CUSTOMER.

CONSUMERS ENERGY COMPANY                                                                                          City of Muskegon
                                                                                                                      (Customer}

                                                                           By    ~mrc/!u,wJ~/                                                                3 - 2t/JJ"-- fr
                                                                                 '                                        (Signature}


                                                             . '                 ;-ta,l/dcpSD /lL- {(-/4.1£<-
                        (Print or Type Name)                                 I       '                           (Print or Type ame}

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                                                                                                                                                               Page 1 of 4
                                                                              \_;:> y        C_i   f,Y C a,.,...,.
                                                                                 3- ZZ--oS
                                                                                                            From 230 11-2004


                                                ELECTRIC LINE
                                       CONSUMERS' FACILITIES AGREEMENT
                                            TERMS AND CONDITIONS
                                                   PART II



1. In consideration of Customer's request and agreement to pay all the costs of relocation/modification of
Consumers' facilities, Consumers agrees to relocate and/or modify its electric facilities. The facilities to be relocated
or modified are shown on the drawing attached as Exhibit A. Pursuant to tariffs filed with the Michigan Public Service
Commission, when relocation or modification of Consumers' facilities is requested or made necessary by a customer,
all costs for the relocation or modification can be charged to the requesting party. All costs associated with the
relocation or modification of Consumers' facilities are not refundable.

For any new facilities being installed to accommodate new load to the Company's system, a nonrefundable
contribution pursuant to tariff files with the Michigan Public Commission is included in the Estimated Cost.

2. Customers shall pay the entire amount of the Cost Estimate identified in Part I upon execution of this Agreement.
After all work is completed and the actual cost for the work is calculated, Consumers will either refund any
overpayment to Customer or invoice Customer for any additional amounts owed. Customer shall pay invoiced
amount within thirty days after receipt thereof.

Any amounts to be paid pursuant to this Agreement include Michigan sales tax but are exclusive of all other federal,
state, county, municipal, or local property, license, excise, sales use, gross receipt or similar tax with respect to the
work covered hereunder and if Consumers is required by applicable law or regulation to pay or collect any such tax
or if any such taxes are assessed against Consumers on account of performance or this Agreement, no matter when
such assessment is made, then such tax or taxes shall be paid by the Customer to Consumers in addition to the
amounts provided for herein.

3. Prior to the work being performed, and as a condition precedent thereto, the Customer shall secure and deliver to
Consumers, at no expense to Consumers, recordable easements, in form and substance satisfactory to Consumers,
granting all necessary rights of way for installation and maintenance of said facilities. If said facilities are to serve a
residential subdivision, said easements shall include, but not by way of limitation, rights of way for streetlighting in
the subdivision by means of underground facilities, notwithstanding that Consumers does not undertake to provide
streetlighting facilities and service as a part of this Agreement. If said easements are not secured and delivered to
Consumers within thirty (30) days after execution of this Agreement, Consumers may, at its option, refund all
payments made to it hereunder by the Customer, without interest, and with reasonable expenses incurred by
Consumers on account of this Agreement deducted there from, and this Agreement shall thereupon terminate.

4. For any underground facilities included in the work to be performed hereunder, the Customer shall provide, at no
expense to Consumers, rough grading (not more than three inches below finished grade) so that the underground
facilities can be properly installed in relation to the finished grade level. The Customer shall maintain the average
found elevation within six feet of any cable, conduit wire, conductor or other underground facility thereafter at a level
not to exceed twelve inches above or three inches below the grade level established at the time of installation of said
underground facilities. Further, the Customer shall maintain the ground surface elevation in an area four feet wide
around any transformer pad, subsurface transformer, junction vault or other support at an elevation of not less than
three inches and not more than six inches below the base of any transformer mounted on a pad or other support and
not more than six inches below the top of any subsurface transformer or junction vault; provided, however, that
changes in the ground surface elevation elevation in excess of the limits herein prescribed may be permitted upon
written consent of Consumers. Consumers will backfill and place excavated earth over any area of construction; the
Customer is responsible for the final restoration of the construction area.




                                                                                                                   Page 2 of 4
                                                                                                           From 230 11-2004




5. II any underground facilities or any portion thereof are to be installed between December 15 and April 15, the
Customer shall pay Consumers, prior to installation of said underground facilities or portion thereof, an additional
nonrefundable contribution (winter charge) per trench loot as stated in the "Computation of Electric Distribution
System Line Extension Deposit and Contribution" lor the portion of said facilities installed during said period. The
Customer will receive a credit lor any part of said winter charge paid by other utilities lor joint use of the trench or
paid by the Customer lor installation, by Consumers, of gas pipe in the same trench. No portion of said facilities will
be installed between December 15 and Apri115, unless the Customer has paid such additional contribution. Further,
a nonrefundable contribution in addition to that provided lor herein may be required where, in Consumers judgment,
practical difficulties (not considered in determining the Customer's estimate) such as water conditions or rock near
the surface are encountered during construction. II the Customer does not make the additional contribution within
fifteen (15) days alter receiving written notice of the amount t of the additional contribution, Consumers may, at its
option, refund all payments made to it hereunder by the Customer, without interest, and with reasonable expenses
incurred by Consumers on account of this Agreement deducted there from, and this Agreement shall thereupon
terminate.

6. Consumers shall not be in beach of contract as a result of any delay in performing its obligations if such delay is
due to strikes or other labor troubles; inability to obtain labor, materials, components, supplies, lor any reason,
including default of suppliers or subcontractors; acts of God; lire; flood; storm; earthquake or other natural calamities;
war; insurrections; riot; embargoes; curtailment; order; regulations or restriction imposed by governmental
authorities; or any other cause which is beyond the reasonable control of Consumers, whether of a similar or
dissimilar nature and whether or not existing or foreseeable on the scheduled date of commencement of the work.
Consumers shall have no obligation to settle any strike or other labor difficulty in a manner not completely
satisfactory to it. Should any such delay occur, the time lor the performance of Consumers' obligations shall be
extended by a time equal to the length of the delay plus such additional time as is reasonably necessary to enable
Consumers to resume performance of its obligations.

7. Consumers warrants that any work performed under this Agreement shall be performed by properly skilled
personnel in accordance with generally accepted standards lor the work being performed. The sole liability of
Consumers lor defective work under this warranty or otherwise, shall be limited to reperforming any such work on the
same conditions as the original work. The foregoing is the Customer's exclusive remedy and, EXCEPT AS
EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

In no event shall Consumers be liable lor any loss or damage whatsoever, by reason of its failure to discover, report
or modify latent defect or defects inherent in the subject matter of the work. The aforementioned warranty is subject
to the following conditions:

(a) Consumers shall not be responsible lor repairs, replacements, or corrections made by others with respect to the
work performed by Consumers.

(b) The Customer shall notify Consumers in writing of any breach or warranty with respect to the services performed
by Consumers within ten (10) days alter completion of the work.




                                                                                                                  Page 3 ol4
                                                                                                              From 230 11-2004




8. THE TOTAL LIABILITY OF CONSUMERS, ITS AGENTS, EMPLOYEES, VENDORS AND CONTRACTORS WITH
RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THIS CONTRACT INCLUDING THE PERFORMANCE OF
OBLIGATIONS IN CONNECTION WITH THE WORK HEREUNDER, WHETHER BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN
AGGREGATE ONE THOUSAND DOLLARS ($1 ,000.00) AND SHALL IN NO EVENT INCLUDE INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR
ITS USE; LOSS BY REASON OF PLANT OR EQUIPMENT SHUTDOWN OR INABILITY TO OPERATE AT RATED
CAPACITY; INCREASED EXPENSE OR OPERATION OF PLANT OR EQUIPMENT; INCREASED COSTS OF
PURCHASING OR PROVIDING EQUIPMENT, MATERIALS, SUPPLIES OR SERVICES OUTSIDE CONSUMERS'
SCOPE OR SUPPLY; COSTS OR REPLACEMENT POWER OR CAPITAL; CLAIMS OF THE CUSTOMER'S
CUSTOMERS; OR INVENTORY OR USE CHARGES, EVEN IF CONSUMERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

This limitation of liability section shall prevail over any conflicting or inconsistent provisions contained herein or in
any other applicable document and shall be in effect even if the remedy or remedies set forth herein fail in their
essential purpose.

9. The Customer shall indemnify and hold Consumers, its agents, employees, vendors and contractor'(s) harmless
from and against, and shall at Consumers' option undertake the defense of, any and all claim, losses, liability and
damage (including environmental harm) and including reasonable attorney's fees which Consumers might sustain or
incur or which might be asserted by any third party against Consumers as a result of the services provided under this
Agreement, whether based on warranty, contract, tort (including negligence), strict liability or otherwise, unless
caused solely by the negligence of Consumers, its agents or employees.

10. Any assignment or any part thereof by the Customer without the previous written permission of Consumers shall
be void and of no effect. Consumers may subcontract any services hereunder.

11. In the performance of the work hereunder, Consumers shall be an independent contactor with the sole authority
to control and direct the performance of the details of the services, the Customer being interested only in the results
obtained.

12. The terms of this Agreement shall not be changed superseded or supplemented, except in writing by an
authorized officer of Consumers and by a duly authorized representative of Customer.

13. This Agreement shall be deemed a Michigan contract and shall be construed in accordance with and governed
by the laws of the State of Michigan. With respect to the subject matter hereof, this Agreement supersedes all
previous representations, understandings and negotiations, either written oral, between the parties hereto or their
representatives and constitutes the entire contract between the parties. This Agreement is intended for the benefit of
the parties hereto and does not grant any rights to any third parties unless otherwise specifically stated herein. No
part of any purchase order, request for proposal or other documents issued by Customer shall be binding upon
Consumers or affect its rights or obligations hereunder unless signed by a duly authorized representative of
Consumers.


14. Additional Items




                                                                                                                      Page 4 of 4
                                        SPECIAL ASSESSMENT
                                 HEARING RESPONSE CARQ
   NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please

                      Return This Card By: MARCH 22, 2005
    Project Title:             IRELAND AVE., FRANKLIN ST. TO DAVIS ST.
    Project Description: MAJOR REHABILITATION

    INSTRUCTIONS
   If you wish to have your written vote included as part of the tabulation of votes forwarded to
   the City Commission for the scheduled public hearing, please return this card. by the date
   indicated above. To use this response card please indicate Whether you Oppose or Favor
   this special assessment project, sign the form and return it to the City Clerk's Office. To
   return this card by mail, simply fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
   YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
   PROJECT.
   Assessment Information
    Property Address:                                1130 IRELAND AVE
    Parcel Number                                    24-205-501-0018-00
    Assessable Frontage:                             52.2          Feet

   Estimated Front Foot Cost:                        $29.00        per Foot

   ESTIMATED TOTAL COST                             $1,513.80
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   BLK 501
   LOT18
   S 1/2 OF VAC ALLEY
   ABUTTING SAID LOT

                                            Your vote COUNTS!

   . Please vote either in favor or opposed to the Special Assessment Street Paving Project.

          I AM IN FAVOR      D                                              I AM OPPOSED         '[8l
               .n I        1        .
Owner
             ~N.:~..-:~-.7u.O~...·n.u..(;~f_(t~-·. ~.K-:-.u.l~. 'J..jJ""~-f··-- CoOwner/Spouse - - - - - - - - - - -
Signature      ~" ~                                         Signature
Address       .U:5JJ:2dld2J                               Address

        Thank you for taking the time to vote on this important issue.                                        3
Date:          March 22, 2005
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Public Hearing
               Create Special Assessment District for:
               Ireland, Davis to Franklin




SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Ireland, Davis to
Franklin, and to create the special assessment district and appoint two City Commissioners
to the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution



COMMITTEE RECOMMENDATION:
Date:          March 22, 2005
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            Public Hearing
               Create Special Assessment District for:
               Franklin, Laketon to Ireland



SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment for the Franklin, Laketon to
Ireland, and to create the special assessment district and appoint two City Commissioners to
the Board of Assessors if it is determined to proceed with the project



FINANCIAL IMPACT:
None at this time.



BUDGET ACTION REQUIRED:
None at this time.

STAFF RECOMMENDATION:
To create the special assessment district and assign two City Commissioners to the Board
of Assessors by adopting the attached resolution



COMMITIEE RECOMMENDATION:
      Commission Meeting Date:             March 15, 2005

Date:       March 22, 2005
To:         Honorable Mayor & City Commission
From:       Community and Neighborhood Services
            Department
RE:         Community Development Block Grant/HOME Final
            allocation decision


SUMMARY OF REQUEST: For the City commission to conduct a Public
Hearing in reference to 2005-2006 CDBG/ HOME allocations. After the
Public Hearing is over it is hope that the commission will make their final
allocation decision concerning the 2005-2006 CDBG/HOME allocations
for this coming fiscal year.

The Commission has received the recommendation from the Citizen's
District Council and the City administration. The commission made their
preliminary recommendations during the March 8, 2005 City
Commission meeting.

After receiving the Commissions final allocation decision, the CNS office
will amend the City's 2005-2006 Action plan if needed and continue the
comment period until April 17, 2005. At that time, the City will request
the U.S. Housing and Urban Development department for the release of
the funds for the 2005-2006 fiscal year to begin June 1, 2005.

FINANCIAL IMPACT: The decision will determine the CDBG/HOME
budget for 2005-2006.

BUDGET ACTION REQUIRED: The decision will establish the budget. .

STAFF RECOMMENDATION: The Commission has already received
the staff recommendation.
COMMITTEE RECOMMENDATION: The Commission has already
received the Citizen's District Council recommendations.
                                           2005 - 2006 CDBG I HOME ACTIVITY
   Community Development Block Grant                                                                       City Commission
                                                               Administration   Citizen District Council      Preliminary  City Commission
        Organization Name/Program Title    Amount Reguested   Recommendation       Recommendation          Recommendation   Final Decision
 1 Muskegon Community Health Project                  5,000                 0                          0                 0
     "Miles for Smile Dental Services"*
   2 West Michigan Veterans                           5,000                 0                     5,000                  0
     Veterans Assistance •
   3 Pioneer Resources                                2,500                 0                          0                 0
     Rec for People wldisabilities •
   4 HealthCare                                       6,418                 0                     5,000                  0
     Health screening to low-income •
   5 American Red Cross                               5,000                 0                     5,000                  0
     Senior Transportation•
   6 Legal Aid of Western Michigan                   15,000                 0                          0                 0
     Counseling/Legal Education •
   7 Neighborhood Invest Corp                         9,000                 0                          0                 0
     5th Street Landscape •
   8 Child Abuse Council                              6,000                 0                          0                 0
     Renovation •
   9 Sacred Suds                                     10,000                 0                          0                 0
     Laundry&Shower Service •
.1 0 Community and Neighborhood Services            225,000           171,000                   171,000            171,000
     Siding Program
 11 Fire/1 nspection                                100,000            50,000                    50,000             50,000
     Dangerous Building/Demolition
 12 Community and Neighborhood Services             230,000           171,000                   171,000            171,000
     Emergency Rehabilitation
 13 Community and Economic Development               20,000            10,000                          0            10,000
     Fac;ade Improvement
 14 Community and Neighborhood Services             197,500           180,000                   180,000            180,000
     CDBG Administration••
 15 Community and Neighborhood Services             100,000            69,500                    69,500             69,500
     Rehab Service Delivery
 16 Engineering I CNS                                80,000            55,000                    55,000             55,000
     Street Assessment Relief
 17 Leisure Services                                 92,243            75,000                    75,000             75,000
     Youth recreation*
 18 Finance Dept                                    245,000           245,000                   245,000            245,000         245,000
     Repayment of Shoreline Dr. Bond
 19 City Planning                                    50,000            30,000                    25,000             30,000
     Lot Clean-up
 20 City Planning                                    45,000            40,000                    40,000             40,000
     Code Enforcement
 21 DPW                                              56,901            40,000                    40,000             40,000
     Senior Transit*
    Total CDBG Request                                       1,505,562           1,136,500                 1,136,500            1'136,500
    Total CDBG Allocated+ PI (OJ                             1'137,000           1,137,000                 1'137,000            1,137,000
    Allocated/Request Difference                    $         (368,562) $              500    $                  500     $            500

    Total Amt of Public Service*                               213,062             115,000                   130,000             115,000
    Public Service mandated Amt < or= to 15%                   170,550             170,550                   170,550             170,550
    Difference                                      $          (42,512) $           55,550    $               40,550     $        55,550

    Total Amt of City Administration Request**                 197,500             180,000                   180,000             180,000
    Administrative mandated Amt < 20%                          227,400             227,400                   227,400             227,400
    Difference                                      $           29,900   $          47,400    $                47,400    $         47,400


    HOME                                                                                                                 City Commission
                                                                          Administration      Citizen District Council      Preliminary    City Commission
           Organization Name/Program Title          Amount Reguested     Recommendation          Recommendation          Recommendation     Final Decision
1   Community and Neighborhood Services                      125,000              100,000                      100,000             124,503
    Tax-Reverted Rehabilitation
2   Community and Neighborhood Services                         75,000              65,000                     65,000              86,780
    HOME /nfi/1 Program
3   Community and Neighborhood Services                         33,700              33,700                     33,700              33,700
    HOME Administration***
4   Community and Neighborhood Services                         50,000              20,000                     20,000              28,168
    Rental Rehabilitation
5   Neighborhood Investment Corp                                95,000              70,000                     70,000              35,385
    Housing Rehab, Neighborhood Imp.****
6   Habitat For Humanity                                        50,000               35,000                    35,000              15,165
    Acquisition/Rehab****

    Total Amt of HOME Request                                  428,700             323,700                   323,700              323,700
    HOME Allocation                                            337,000             337,000                   337,000              337,000
    Reprogram Funds
    Total Amt Home Available                                   337,000             337,000                    337,000             337,000
    Total Ami Difference                            $          (91,700) $           13,300    $                13,300    $         13,300

    Total Amt of HOME Administration ***                        33,700               33,700                    33,700             337,000
    Total Amt mandated= 10%                                     33,700               33,700                    33,700             337,000
    Difference                                      $               -    $              -     $                   -      $

    Total amt of HOME CHDO request****                         145,000             105,000                    105,000              50,550
    Total Amt mandated 15%                                      50 550              50,550                     50,550              50,550
    Difference                                      $           (94,450) $          (54,450) $                (54,450) $

    NOTE
    *Public Service, **City CDBG Administration, ***HOME Administration, ****CHDO Request
    Q:CNS\Common\Excei\05.06_Act
                                             2005 - 2006 CDBG I HOME ACTIVITY
   Community Development Block Grant                                                                       City Commission
                                                                 Administration   Citizen District Council    Preliminary   CityCommi'
           Organization Name/Program Title   Amount Reguested   Recommendation       Recommendation        Recommendation    Final Decis
  1 Muskegon Community Health Project                   5,000                   0                        0                0
    "Miles for Smite Dental Services"*
  2 West Michigan Veterans                              5,000                   0                  5,000                  0
    Veterans Assistance*
  3 Pioneer Resources                                   2,500                   0                      0                  0
    Rec for People wldisabilities*
  4 HealthCare                                          6,418                   0                  5,000                  0
    Health screening to tow-income*
  5 American Red Cross                                  5,000                   0                  5,000                  0
    Senior Transportation*
  6 Legal Aid of Western Michigan                      15,000                   0                      0                  0
    Counseling/Legal Education*
  7 Neighborhood Invest Corp                            9,000                   0                      0                  0
    5th Street Landscape*
 8 Child Abuse Council                                  6,000                   0                      0                  0
    Renovation*
  9 Sacred Suds                                        10,000                   0                      0                  0
    Laundry&Shower Service*
10 Community and Neighborhood Services                225,000            171,000                171,000            171,000
    Siding Program
11 Fire/Inspection                                    100,000             50,000                  50,000            50,000
    Dangerous Building/Demolition
12 Community and Neighborhood Services                230,000            171,000                171,000            171,000
    Emergency Rehabilitation
13 Community and Economic Development                  20,000             10,000                       0            10,000
    Fa<;ade Improvement
14 Community and Neighborhood Services                197,500            180,000                180,000            180,000
    CDBG Administration**
15 Community and Neighborhood Services                100,000             69,500                 69,500             69,500
    Rehab Service Delivery
16 Engineering I CNS                                   80,000             55,000                 55,000             55,000
    Street Assessment Relief
17 Leisure Services                                    92,243             75,000                 75,000             75,000
    Youth recreation*
18 Finance Dept                                       245,000            245,000                245,000            245,000          245,
    Repayment of Shoreline Dr. Bond
19 City Planning                                       50,000             30,000                 25,000             30,000
    Lot Clean-up
20 City Planning                                       45,000             40,000                 40,000             40,000
    Code Enforcement
21 DPW                                                 56,901             40,000                 40,000             40,000
    Senior Transit*
 Total CDBG Request                                        1,505,562           1,136,500                 1,136,500            1,136,500
 Total CDBG Allocated+ PI (0)                              1,137,000           1,137,000                 1,137,000            1'137,000
 Allocated/Request Difference                    $          (368,562) $             500    $                   500    $             500

 Total Amt of Public Service*                               213,062             115,000                   130,000              115,000
 Public Service mandated Amt <or= to 15%                    170,550             170,550                   170,550              170,550
 Difference                                      $           (42,512) $          55,550    $                40,550    $         55,550

 Total Amt of City Administration Request**                 197,500             180,000                   180,000              180,000
 Administrative mandated Amt < 20%                          227,400             227,400                   227,400              227,400
 Difference                                      $           29,900    $         47,400    $               47,400     $         47,400


 HOME                                                                                                                 City Commission
                                                                        Administration     Citizen District Council      Preliminary      CityCommi~
         Organization Name/Program Title         Amount Reguested      Recommendation         Recommendation          Recommendation       Final Decis
1 Community and Neighborhood Services                     125,000               100,000                     100,000             124,503
  Tax-Reverted Rehabilitation
2 Community and Neighborhood Services                        75,000              65,000                     65,000              86,780
  HOME /nfi/1 Program
3 Community and Neighborhood Services                        33,700              33,700                     33,700              33,700
  HOME Administration***
4 Community and Neighborhood Services                         50,000             20,000                     20,000              28,168
  Rental Rehabilitation
5 Neighborhood Investment Corp                               95,000              70,000                     70,000              35,385
  Housing Rehab, Neighborhood Imp.****
6 Habitat For Humanity                                       50,000               35,000                    35,000              15,165
  Acquisition/Rehab****

 Total Amt of HOME Request                                  428,700             323,700                   323,700              323,700
 HOME Allocation                                            337,000             337,000                   337,000              337,000
 Reprogram Funds
 Total Amt Home Available                                   337,000             337,000                   337,000              337,000
 Total Amt Difference                            $           (91,700) $          13,300    $               13,300     $         13,300

 Total Amt of HOME Administration***                         33,700               33,700                    33,700             337,000
 Total Amt mandated= 10%                                     33,700               33,700                    33,700             337,000
 Difference                                      $                     $                   $                          $

 Total amt of HOME CHDO request****                         145,000             105,000                   105,000               50,550
 Total Amt mandated 15%                                      50 550              50,550                    50,550               50,550
 Difference                                      $          (94,450) $          (54,450) $                (54,450) $

 NOTE
 *Public Service, **City CDBG Administration, ***HOME Administration, ****CHDO Request
 Q:CNS\Common\Excei\05.06_Act
Muskegon County Habitat for Humanity (MCHFH)
2004-2005
CHDO Accomplishments
Amount Granted $47,000

    •   Muskegon County Habitat for Humanity will complete 7 houses in the City of Muskegon by
        the end of the fiscal year (June 30, 2005).
    •   Completed Houses include:
        •       1030 Ducey (See photo) Appraised at $110,000
               •        Tax Reverted
        •      440 Erickson (See photo) Appraised at $110,00
               •        Tax Reverted
    •   Houses to be completed by June 24, 2005:
        •       1077 Pine (Donated)
        •      269 Meeking
        •       1434 Ducey (Donated)
        •      1078 Marquette
        •      1088 Marquette

    •   Every house has a selected family and the homes that are completed have families living in
        them

    •   All home owners fall between the 31-50% median income range and would be unlikely to own
        homes without a partnership like the one MCHFH provides with twenty year, 0% mortgages.

   •    By buying tax reverted property and building on it, Muskegon Habitat increases the value of
        the property and supplies tax paying home owners to the City.

    •   1438 Ducey is a good example of a property that was improved upon completed in 2003-2004
        fiscal year. Since completion of the house, winter taxes of $1807.22 have already been paid to
        the City of Muskegon. (See photo)

   •    Since 1985, MCHFH has built or rehabilitated 37 homes in the City of Muskegon, not
        including the 5 new homes under construction listed above.


Current Facts and Funding Issues:
   • MCHFH is requesting $50,000 for 2005-2006 FY
     •         Current funding requested from CHDO for the 2004-2005 fiscal year, on two houses
               alone, is $40,659, just for infrastructure. This means that we have less than $7,000 left
               from CHDO to complete five more homes in the City of Muskegon.
   • The City Commission's Recommendation for 2005-2006 to MCHFH is $15,165. This is
       less than the cost of the infrastructure on one new home.
  • The City Administration and Citizen District Council both recommended allocating $35,000.

What we would like:
         1. Reconsideration by the City Commission to reflect what the City Administration and
            Citizen District Council recommended.
       Commission Meeting Date:           March 15, 2005

 Date:       March 22, 2005
 To:         Honorable Mayor & City Commissic:m
 From:       Community and Neighborhood Services
             Department
 RE:         To conduct a Public Hearing regarding the 2005-
             2010 Consolidated Plan and accept the
             Consolidated Plan and direct staff to continue the
             public comment period.


  SUMMARY OF REQUEST: For the City Commission to conduct a
  Public Hearing in reference to 2005-2010 Consolidated Plan in order to
  receive comments from the public concerning the City's 5 year plan
  produced by the CNS office. After the commission has received
  comments from the public. The CNS office asked that the Commission
  approve the Consolidated Plan and direct the CNS office to continue
  the public comment period which began March 17, 2005 and ends April
. 17,2005.

 After receiving the Commissions approval on or about April17, 2005 the
 CNS office will deliver the Consolidated Plan with all other required
 documentation to the U.S. Department of Housing and Urban
 Development for their approval.

 FINANCIAL IMPACT: The City is required to produce a Consolidated
 Plan to continue receiving CDBG and Home funding

 BUDGET ACTION REQUIRED: None

 STAFF RECOMMENDATION: To approve the Consolidated Plan
COMMITTEE RECOMMENDATION: The Citizen District Council will
review the Consolidated Plan and be asked to submit comments during
their April meeting.
                              The City of Muskegon
                                Consolidated Plan
                               Executive Summary
The Consolidated Plan is a collaborative process through which a community analyzes its
housing population, assets, weaknesses and overall community development needs. The major
objectives of Muskegon 2005-2010 are:

Housing Development/Housing Rehabilitation
Neighborhood Revitalization
Economic Development
Health and Human Serviced Promotion

The U. S. Department of Housing and Urban Development (HUD) requires all local
communities who receives one of the following entitlement programs to prepare a consolidated
Plan

•      Community Development Block Grant (CDBG)
•      Home Investment Partnership Fund (HOME)
•      Emergency Shelter Grant (ESG)
•      Housing Opportunities for Person with AIDS

The City of Muskegon only receives CDBG and HOME funds.

                                    HUD Income Levels

All of the City of Muskegon program in the Community and Neighborhood Service office are
based on income limits established by HUD. The City of Muskegon's income limits are the
following:

Emergency Repair- 50% of AMI

I Person      2 Person      3 Person      4 Person      5 Person      6 Person
$21,700       $24,800       $27,900       $31,050       $33,500       $36,000

7 Person      8 Person
$38,450       $40,950

Vinyl Siding Repair- 60% of AMI

I Person      2 Person      3 Person      4 Person      5 Person      6 Person
$26,100       $29,800       $33,500       $37,300       $40,200       $43,200

7 Person      8 Person
$46,200       $49,200


                                                                                           I
Special Assessment Relief- 65% of AMI

1 Person       2 Person                 3 Person                                                  4 Person                                                  5 Person                                               6 Person
$28,275        $32,285                  $36,295                                                   $40,410                                                   $43,530                                                $46,800

7 Person       8 Person
$50,050        $53,300


HOME- 30- 80% of AMI

1 Person                2 Person                                                                  3 Person                                                                            4 Person
$13,050-$34,800         $14,900-$39,750                                                           $16,750- $44,700                                                                    $18,650-$49,700

5 Person                6 Person                                                                  7 Person                                                                            8 Person
$20, I 00- $53,650      $21 ,600 - $57,600                                                        $23,100-$61,600                                                                     $24,600- $65,600


                                                            Neighborhood Transition

The City of Muskegon has experienced a significant increase in its minority population
especially in its central neighborhoods while the city's overall white population has continued to
decrease since the late 1950's.

According to the 2000 Census, the city had a decrease of 9.3% of its White population since
1990 while both the African American and Hispanic population increased by 4.6% and 3.8%,
respectively.


                                                  Minority Population
                                                                                                                                                                                                                         [!I Census 1
                   80.00% ..                                       ..··.
                                                   .       :·                                                                  ·.• :·                                      ·.                                            II Census 2
                                                                                                                                                                                      ...
                                                                                                                                                                 .                          .•               .·.

                   70.00%
              ..
               CIJ
                   60.00%
                                •
                                              .
                                                                    ..
                                                                ··.· ··.···•

                                                                ....·                      ····   ..   · .··
                                                                                                                           ·····
                                                                                                                                    .             ·.·

                                                                                                                                                        .            .·.              .··
                                                                                                                                                                                              ··

                                                                                                                                                                                                 •. ·.
                                                                                                                                                                                                         .
                                                                                                                                                                                                                         DCensus 3
                                                                                                                                                                                                                         OCensus 4


              .=
              ~ 50.00% ···.··. ·.

              t
                   40.00%
                              :
                                                                           "

                                                                                  .. ·.
                                                                                           ..·
                                                                                                       .   ···.
                                                                                                                  ·   ..   ···
                                                                                                                                                            :.


                                                                                                                                                                 ····.
                                                                                                                                                                                            ·.·.                         II Census 5
                                                                                                                                                                                                                         fiJ Census 6.01
                   30.00%
              ll. 20.00%     ..                        .                       ·.. ·                                  .   · .. ·.       ....·.
                                                                                                                                                        .
                                                                                                                                                                            ·.
                                                                                                                                                                                             .· .•                       IIIII Census 6.02
                           .. ··             .·   ..               .           ·...   •.
                                                                                                                                                    I. I'
                                                                                                                                                                                 ·.                                 !'   DCensus 7
                   10.00%                                                                                                                .·:.··      ,.•. ·. I                                                           II Census 8
                    0.00%
                                                                                                                                                                                .I           .11                   J     II Census 9
                             >::-"'     -~             ~             ~~...                                 ~                ~~#                                          :~>"'        ~              ~                   DCensus 10
                            ,~
                                      ~     r1f ~ ~ »" ::..~"' " ~ (;I ~" ~"'
                        Q>
                     ~~<;
                                  ""'     ~<$ ;;v >b-<:i ~"' ~"' ,# :,~;."' ~ ~~                                                                                                                                         II Census 21
                              ,.;;                     <$           ~ ~· ~-                                                "                            v~                       '-'"'
                        ~~"




                                                                                                                                                                                                                                             2
                                                    Household Income

The U. S. Department of HUD designated household in 3 categories to be eligible for their
funding:

•           Extremely Low-Income are households who earn 30% of the areas median family income
            or below. According to the 2000 Census, 2,199 households in Muskegon met the
            extremely low-income category.
•           Very Low-Income households have incomes between 31% and 50% of area median and
            account for 9.2% of the total community's households
•           Low-income households have incomes between 51% and 80% of the areas median
            income for the community which in Muskegon is 3,272 households or 22% of the city's
            total household


                                                      Housing Units

According to the 2000 Census, the city of Muskegon possesses 15,999 housing units of that
aggregate number 14,569 or 91.6% is occupied. Of the total housing units in the city 8,284 or
51.7% are owner occupied while 6,285 or approximately 39% of the aggregate are rental units.

 Census     Neighborhood         Total Units    Occupied Units Owner Occupied     Renter Occupied    Vacant Units
    Tract
     1      Marquette                   2,109            2,023              565              1,453             86
     2      Jackson Hill                  390              339             227                 112             51
     3      Angell                      1,377            1,204             572                 631            173
     4      East Muskegon              2,271             2,1,58          1,681                 477            113
      5     Mclaughlin                 2,205             1,961           1,007                 954            244
    6.01    Nelson South                 706               631             382                 249             75
    6.02    Nelson North               1,266             1,051             303                 748            215
      7     Downtown                      37                30               4                  26              7
     8      Nims                       1,536             1,408             937                 471            123
     9      Lakeside                   1,740             1,652           1,357                 295              88
     10     Beachwood/Bluffton           695               625             528                  97              70
     21     Glenside/Campbell          1,763             1,580             790                 790             183
            City of Muskegon          15,999            14,569           8,284               6,285           1,430




The city of Muskegon has one of the oldest housing stock in the state of Michigan.

Age of Housing Units in the City of Muskegon

Year Built                             Number                     Percent
1999-March 2000                        60                          .04
1995- 1998                             426                         2.7
1990-1994                              278                         1.7
1980-1989                              594                         3.7
1970-1979                              1884                       11.8


                                                                                                                     3
1960- 1969                    1726                    10.8
1940-1959                     6057                    37.8
1939 or Earlier               4992                    31.2

The following table shows the city of Muskegon housing both owner occupied and renter
occupied by the year it was constmcted.

               Tenure by year structure built

 Owner Occupied                           Renter Occupied
                              ·---

    Year Built     #of Units                 Year Built          #ofUn~
1999 - March 2000         41            1999 to March 2000             0
1995- 1998              152             1995- 1998                   220
1990- 1994        ··r--~371             1990- 1994                   138
1980- 1989              154             1980- 1989                   415
1970-1979               369             1970- 1979                  1375
1960- 1969              735 ·-··        1960- 1969                   857
                                                        ·------
1950- 1959             1797             1950- 1959              --1011
                                     --
1940- 1949             1922             1940- 1949                  1805
1939 or Earlier        2991             1939 or Earlier             1442



                                     Housing Cost Analysis

According to the 1990 and 2000 Census, the median value of housing increased from $32, I 00 to
$59,800 in ten years.

Value                 1990                   2000
<$50,000              6177                   2710
50,000- 99,999        1235                   4073
100,000- 149,999      63                     477
150,000- 199,999      22                     146
200,000-299,999       0                      Ill
300,000-499,999       0                         13
500,000 or more       0                      0




                                                                                            4
                             NORTH MUSKEGON



       Housing Value· City of Muskegon
                                                                                0\MlerOccupied Median
                                                                                    Housing Unit Value
                                                                                       $0 to $49,999
                                                                                       $50,000 to $74,999
                                                                                       $75,000 to $99,999
                                                                                       $100,000 to $124,999
                                                                                       $125,000 to $149,999
                                               MUSKEOON
                                                                                       $150,000to $174,999
                                                                                       $175,000 to $199,999
                                                                                       $200,000 to $249,999
                                                                                       $250,000 to $349,999
                                                                                       $350,000+
                                                                               0         .4       .8     1.2
                                                                                           Mles
                                                                                   SourrB: 2000Cen9..Js



According to the U. S. Department of Housing and Urban Development, if a household send
30% or more of the totaled household income on rent or a mortgage, those households are
classified at being in a cost burden. (see tables below)

Owner cost as a percentage of households in 1999 dollars

Less than 15%              3204 42.5
15-19%                     1236 16.4
20-24%                     1005 13.3
25 - 29%                   549  7.3
30 - 34%                   364  4.8
35% or more                1090 14.5

Almost 20% of homeowners in Muskegon spend 30% or more of their total income on housing



                                 NORTH MUSKEOON




    Monthly Mortgage Rate Profile - City of Muskegon


                                                                            $500to$599
                                                                            $600to $699


                                                 MUSKEGON
                                                                            $900to$999
                                                                            $1,000 to $1,249
                                                                            $1,250 to $1,499
                                                                            $1 ,500 to $1 ,999
                                                                            $2,000+
                                                                       0        .4       .8      1.2
                                                                                   Mles
                                                                           Sourre: 2000 Census
                                                                                                       5
Gross rent as a percentage of household income in 1999

Less than 15%            1135     18.2
15-19%                   910      14.6
20 - 24%                 746      12.0
25 - 29%                 647      10.4
30-34%                   511      8.2
355 or more              1958     31.4

Almost 40% of the renters in the city pay 30% or more of their household income on housing.




                              NORTH MUSKEGON



     Rent Profile - City of Muskegon

                                                                                        Median Rent
                                                                                         $0 1o$299
                                                                                         $30010$399
                                                                                         $40010 $499
                                                                                         $500 10 $599
                                           MUSKEGON
                                                                                         $600 10 $699
                                                                                         $700 10$799
                                                                                         $800 to$899
                                                                                         $90010$999
                                                                                         $1 ,000 to $2,500
                                                                                 0      .4        .8     1.2
                                                                                            Mles
                                                                                     Source:2000Census



                                           Public Housing

The Muskegon Housing Commission is a stand-alone agency separate from the City of
Muskegon since 2000 manages the public housing in the city of Muskegon. The agency owns
and operates one multifamily housing complex designated for the elderly and disabled at 1080
Terrace. The name of the structure is Hartford Terrace. The complex consists of 160 one-
bedroom units. The structure was originally built in 1973 as an elderly only building. Currently
the individuals are eligible who are 50 years old or disabled.

During the time of the development of the 2000 city of Muskegon Housing Commission, the
Muskegon Housing Commission had an inventory of 32 scattered site homes. Eight of those 32
sites were homes that the Housing Commission had obtained during the old Turnkey-3 program.
Many of the Turnkey 3 structures had been vacant for a number of years and had created a
blighting influence on their respectful neighborhoods. During the summer of 2003, through an
agreement with the Housing Commission and the City of Muskegon, the structures were sold to
the City of Muskegon and the city demolished all the structures within 30 days.



                                                                                                    6
The City of Muskegon's Community and Neighborhood Services office aggressively developed
a plan to build new homes on four of the original sites. At this time three of the sites 1668
Beidler, 361 Oak and 284 Iona all have new homes built on them and are occupied by low to
moderate income homebuyers. The last site 710 Marcoux is designated to have a home built on
it during the summer of 2005. One of the intentions mentioned in the 2000 city of Muskegon
Consolidated Plan was to rid the City's neighborhoods of the blighted Tumkey-3 units and
proudly it was achieved.

It was also mentioned in the 2000 Consolidated Plan that the Hartford Tenace complex was in
need of extensive repairs and updating. In the last four years, the Housing Commission has been
able to achieve that goal. Some of the items that have been updated or repaired at the Hartford
Tenace complex are replacement of ventilation and air conditioning, units replacement of
flooring, remodeling of kitchens, repairing of elevators, update of security system, updating of
plumbing and electrical, the replacement oflounging area furniture, painting, landscaping, etc.

                                            Section 8

The Muskegon Housing Commission is one of two agencies in Muskegon County who
administer the Section 8 tenant-based program. The tenant-based program is designed to
increase affordable housing choices for very low-income families. Persons or families who have
a tenant based voucher choose and lease safe, decent and affordable privately owned rental
housing. Cunently, the Muskegon Housing Commission has allocated 164 vouchers. Of the 164
vouchers, 81 vouchers are being used by persons or families that qualify as elderly or disabled.
There are cunently 318 persons on the MHC Section 8 waiting list. The MCH manages 64% of
the Section 8 vouchers in Muskegon County.

The average yearly income for a household receiving Section 8 assistance is $5,159, the average
monthly rent not including utilities is $143.00. The average rent including utilities per month is
$237.00.

Public assistance is the sole source of income for 15% of households. Households that are
working comprise 38% of the aggregate while 31% of the working households also receive
Temporary Assistance for Needy Families (TANF).

A breakdown of the time that the recipients have been on the program is the following:

Less than 1 year              24                    15%
Less than 2 years             36                    23%
Less than 3 years             27                    17%
Less than 4 years              3                     2%
Less than 5 years             21                    13%
More than 5 years             48                    30%




                                                                                                7
Number of Family members younger than 18 years               489
Number of Families with Children                             229

Income Source                        Number                        Percent
Child Support                        7                             3%
Federal Wages                        10                            1.2%
General Assistance                   59                            24%
Military Pay                         1                             .4%
Other Non Wage Sources               1                             .4%
SSI                                  79                            32%
Social Security                      27                            11%
TANF (formerly AFDC)                 5                             2%
Unemployment Benefits                5                             2%
Other Wages                          56                            22.4%

Range of Income

Income                       Count                 Percent
$0- $5,000                   20                    13%
$5,000- $10,000              85                    53%
$10,000-$15,000              38                    24%
$15,000 - $20,000            14                    9%
$20,000- $25,000             2                     1%
$25,000 +                     1                    1%

Income Levels

Extreme Low                 316                    95%
Very Low                    13                     4%
Low                         0                      0%
Other                       2                      1%
In the 2000- 2004, City of Muskegon Consolidated Plan an inventory of the Muskegon Housing
Commission's scattered houses was listed and the individual status of the property and update of
the Housing Commission inventory is listed below

Address               Bedroom               Occupant Status
429 Adams             3                     Vacant- 2000 I Sold- 2004
2137 Austin           3                     Occupied- 2000 I Sold- 2004
1668 Beidler          3                     Vacant- 2000 I Demo- New house 2004
383 Catherine         3                     Vacant- 2000 I Demolished 2004
876 Cedar             3                     Occupied- 2000 I Sold- 2004
492 Erickson          3                     Vacant- 2000 I Sold- 2004
531 Getty             3                     Occupied- 2000 I Sold- 2004
372 Houston           3                     Occupied- 2000 I Sold- 2004
284 Iona              4                     Vacant- 2000 I Demo- New house 2004



                                                                                              9
The law allows some families to receive assistance from Federal TANF funds for more than five
years based on hardship. The average month number of families in hardship status may not
exceed 20% of the states average monthly caseload during that fiscal year. Cunently 117
families in Muskegon County have been allowed to received assistance beyond the 60 months
because of their hardship status.

Also, according to the 2000 census of the 943 grandparents who are classified as care givers in
Muskegon County, 514 of them are responsible for their grandchildren. The additional
responsibility of their grandchildren creates additional financial strain on the household.

The most telling measurement to the economic situation of far to many families in the city of
Muskegon is the high unemployment rate. Again, this is expressed in the section on
unemployment that a significant portion of the population could be classified as the hidden
unemployed.
                                                                  I
                                                              I
In addition, a
                                                         i
significant part                      NORTH MU9<EGON

of the city' s                                                                      ., I
                                                                                               '
population
receives    some
                                                                                    Pen:ent al Households
f01m          of         - '                                                   1
                                                                                   % HH v.lth Social Securlty
                                                                                     0.0% to 15.0%
disability.                                                                          15.0% to 20.0%
                                                   MU9<EGON
                                                                                           20.0% lo 25.0'1.
                                                                                           25.0% to 30.ov.
                                                                                           30.0% lo 35.0%
                                                                                           35.0'A lo 40.0%
                                                                                           40.0% lo 100.0 %
                                                                                   0               .4   .8    12
                                                                              ''


Disability Status

5yrs and under       9,194          Physical                          13.3%
16-64                6,277          Mental                             9.6%
65 -over             2,206          Self-Care                          4.7%
Any disability       28.1%          % employed w/disability             56%
Sensory               5.7%




                                                                                                                   11
                                        NORTH MUSKEOON
                                                                                                     II :
                                                                                                     I 1    I
              City of Muskegon's - SSI Profile                                                       J-




                                                                                                 Percent of Households v..t1h
                                                                                                Supplemental Security Income
                                                                                                  O.O%to2.0%
                                                     MUSKEGON                                     2.0%to 4.0%
                                                                                                  4.0%to 6.0%
                                                                                                  6.0%toB.O%
                                                                                                  8.0% to 10.0%
                                                                                                  Oler10.0%
                                                                                                   0      .4      .6   1.2

                                                                                                             Mles
                                                                                                     Source: 2000 Census




In 1999, the median household income for the City of Muskegon was $27,929. This represents
an increase in the median income from ten years earlier of $9,181 according to the 1990 and
2000 census.      The table below identifies the median household income by census
tract/neighborhood. The per capita income in the community has also increased in ten years
from $10,300 in 1989 to $14,293 in 1999. Households with incomes less than $25,000
accounted for 63.5% of all households in the City of Muskegon in 1989. The 2000 census
revealed that 45.1% of Muskegon's households were eaming less than $25,000 ten years later.



                                           Median Income
                60,000     ----~----              ---
                                                                                                                           IJCensus 1
        -       50,000-1-- - - - - - - - - - - - - - ------111----1
        ~
                                                                                                                           CCensus 2
                40,000-1- - - - - - - - --                 - -- ; t --        ------111----1                               IJCeosus 3
        l-
         eu     30,000-l- - - - - - t - - - --11-- - --ll--...---ll ----lll----i                                           IJCensus 4
         E                                                                                                                 • c ensus 5
         0      20,000-lt--=--,,....---it-- I ---II---:::---II-- + - - - I I ----III--- U
         CJ                                                                                                                IJ Census 6.01
        -c      10,000-lt---    -tt--   lt----it-- l ---lt--    -t--   -lt-- + - - - i t ----lll----fl                     • Census 6.02
                                                                                                                           IJCensus 7
                                                                                                                           • census 8
                                                                                                                           • census 9
                                                                                                                           CCeosus 10
                                                                                                                           • census 21




                                                                                                                                         12
                                                          Poverty Rate

                         40.00%
                                  '                                    .   .       .
                                                                                                          i
                         35.00%                  ·.                                    ·.
                         30.00%                                                                               OCensus 1
                 "
                 Oil
                         25.00%                                                                           :
                                                                                                              II Census 2
                 "
                 ~

                 =       20.00%
                                            ·.        .        .                            .
                                                                                                              OCcnsus 3
                 ""...   15.00%
                                                                                                .·.           DCensus 4
                 "
                 ~
                         10.00%
                                                                               .                .             Ill Census 5
                                                                   I                                          IZlCcnsus 6.01
                         5.00%                                                     •
                         0.00%
                                      ·.·                  I                       I                  g       II Census 6.02
                                                                                                              OCensus 7
                                                                                                              II Census 8
                                                                                                              II Census 9
                                                                                                              DCensus 10
                                                                                                              I! Census 21




An analysis of a relationship between neighborhoods with significant poverty rates also appears
to show a correlation with a high minority population rate, single female headed households and
the elderly population.

Number of Person and Families below Poverty Level

Poverty status in 1999 (below poverty level) families                                                 1,453
Percent below poverty level                                                                           16.8%
w!Related children under 18 years                                                                     1,255

Percent below poverty level                                                                         24.1%
w/related children under 5                                                                          675
Percent below poverty level                                                                         28.1%

Families with Female Householder, no Husband Present                                                1,028
Percent below poverty level                                                                         35.4%
w!Related children under 18 years                                                                   954
Percent below poverty level                                                                         43.2%
w!Related children Under 5                                                                          538
Percent below poverty level                                                                         52.3%

Individuals                                                                                         7,238
Percent below poverty level                                                                         20.5%
18 years or older                                                                                   4,461
Percent below poverty level                                                                         17.7%
65 years and over                                                                                   643
Percent below poverty level                                                                         14.3%
Related children under 18 years                                                                     2,744
Percent below poverty level                                                                         27.6%


                                                                                                                               13
         Related children 5 to 17                                            1,963
         Percent below poverty level                                         28.5%
         Unrelated individual15 years and over                               2,268
         Percent below poverty level                                         27.8%

                                                  Unemployment

         As was stated in the introduction, the City of Muskegon has experienced several economic
         transitions during the last 200 years. Beginning in the early 1800's was the fur trade period for
         the City, the period from 1830's to the 1900's was the lumber baron era. In the early to mid 20th
         century Muskegon became a bastion for heavy industry especially during the two World Wars,
         that dominance in heavy manufacturing and the iron foundry industry continued through the
         1960's. Because of the dramatic increase in fuel cost in the 1970's along with the increase in
         foreign competition, many of the major employers of the community began to downsize and in
         many cases actually shut their doors. The closing of many of the city's major employers created
         a structural unemployment situation that the community is still attempting to rectify.

         The city of Muskegon has experienced a higher unemployment rate than Muskegon County, the
         state of Michigan and the country as a whole during the last thirty years. Although it is difficult
         to gather actual information that gives the specific unemployment rate for minority and youth in
         the City of Muskegon. It is common thought in the economic development and workforce
         development field that the unemployment rate for minorities and youth is between 1.5 and 2
         times the community's unemployment rate in urban settings like Muskegon.

                                   Annual Unemployment

15.00%
                                                                                                - - Muskegon
                                                                                                    County

                                                                                                - - City of
                                                                                                    Muskegon

                                                                                                    State of
                                                                                                    Michigan

                                                                                                - - United
                                                                                                    States
O.OOo/o ~-----.------.--------.--------~------~~-----~
          FY2000  FY2001   FY2002    FY2003 FY2004
                         Fiscal Year


         In addition it is thought that a significant percentage of the city population can be classified as
         the hidden unemployed. The new dictionary of Cultural Literacy defines the hidden unemployed
         as "the unemployment or underemployment of workers that are not reflected in official
         unemployment statistic because of the way they are compiled." Only those who have no work,
         but are actively looking for work are counted as unemployed. Those who have given up looking,
         those who are working less than they would like and those who work at jobs in which their skills



                                                                                                         14
are under utilized are not officially counted as the months unemployed though in a sense they
are. These groups constitute hidden unemployment.




                                   NORTH MUSKEGON




          Unemployment Rate- City of Muskegon


                                                                                            2.0103.0
                                                                                            3.0 104.0
                                                                                            4.01o5.0
                                                                                            5.01o6.0
                                                                                            6.0108.0
                                                                                            8.01o10.0
                                                                                            10.010 12.0
                                                                                            o.er 12.0
                                                                                            Other
                                                                                      0       .4      .8    1.2
                                                                                                Mles
                                                                                          Soutm:2000Cenws


The longest period in recent times when the City of Muskegon had an unemployment rate under
10% was during the late 1990's.




                              City of Muskegon Unemployment Rate
                              10.00%
                        Cll    8.00%
                       ...c
                        C)
                        nl

                        Cll
                               6.00%
                        e
                        Cll
                               4.00%
                       D.      2.00%
                               0.00%                       ......
                                           &t)
                                                    CD              ClO   en    0
                                           CD       en     CD       en    CD    0
                                           (t       >      >
                                                           u.       >
                                                                    LL.
                                                                          >
                                                                          LL.
                                                                                0
                                                                                N
                                                    LL.
                                                                                >
                                                                                LL.
                                                          Late 1990's


During the last five years, the unemployment rate has fluctuated between the six percent rate and
double digits unemployment.




                                                                                                                  15
                                 5-Year Unemployment Rate

                             14.00% -
                             12.00%~----"1"1'------!                          .-----,
                       8, 10.00%~------11---~ []2000
                      ~       8.00%~---t                                       []2001
                       ~
                       Cl)
                              6.00%~1?----f
                              4.00%
                                                                               []2002
                      Q.
                              2.00%                                                02003
                              0.00% ................_._..............---.&.&..,.-~ .2004
                                                      Year


                             Lead Poisoning A Critical Issue for Michigan

Lead poisoning is a serious environmental illness that has life long effects on the individuals who
become lead poisoned and yet is entirely preventable. Lead poisoning in children may effect
their health and cognitive abilities casing permanent and irreversible damage. The lead that
accumulates in a child's body and brain may cause anemia, hearing loss, hyperactivity,
aggressive behavior, liver and kidney damage, development delay, difficulty with learning due to
loss of IQ, brain damage and in extreme cases, even coma and death.

The serious effects of lead poisoning affect the entire community, not just the child who becomes
lead poisoned. A child with diminished ability to learn will result in "years of productive life
lost" and need the assistance of public and private agencies to function in society. A child who
demonstrates aggressive delinquent behavior may become incarcerated utilizing scarce state
resources.

Currently, Michigan ranks as the sixth highest state in the terms of the estimated population of
children with lead poisoning and the percentage of children found in Michigan with elevated
blood lead levels remains higher than the national average. In 2003, more than 100,000 children
under age of six years were tested for blood lead status and 3,141 children were found to be lead
poisoned. Another 747 children with preliminary finding of elevated blood lead levels await
confirmation of their lead status.

Lead based paint was in common use for the interior and exterior of houses prior to 1950.
Between 1950 and 1978, the percentage of lead in paint utilized in housing gradually decreased
but it was not until 1978 that lead-based paint was banned for use in residential structures.

Source: Michigan Department ofEnvironmental Quality

                                    Lead Based Paint City of Muskegon

According to 2000 U.S. Census and the Michigan Department of Community Health 30% of the
homes in Muskegon were built before 1950, while in the city of Muskegon 68.4% of the housing
stock was built before 1950. Of the owner-occupied units 81% were built before 1950, while
52% of the rental units were built before 1959. This information is based on the 2000 census so
any units built after 1999 is not included in data.


                                                                                                16
The City of Muskegon was required to redesign its housing rehabilitation programs in order to be
in compliance with the HUD's federal guidelines. The City was forced to discontinue its popular
paint program because the additional requirements made it financial unfeasible. The other
rehabilitation program costs increased also, which decreased the number of households that the
City's Community and Neighborhood Services department was able to assist.

The City did work diligently to have staff persons cet1ified in lead base paint inspections and risk
assessors. The city also financed for approximately 100 contractors to obtain the Safe Work
Practice certification.

According to the information supplied by the Muskegon County Health Department, the City of
Muskegon's central neighborhoods census tracts 1 (Marquette), 2 (Jackson Hill), 3 (Angell), 5
(McLaughlin) 6.01 (South Nelson), 6.02 (Not1h Nelson), are some of the highest risk areas for
childhood lead poisoning in Muskegon County.

A review of children tested for lead reveals that the majority of children tested were in zip code
49442.

Zip Code              Number of Children tested (age 0 - 9)
49440                                 66
49441                              2,178
49442                                 4,009
49443                                    42
49444                                 2,775
Infant death rates (per 1,000 live bi11hs)

                         '97        '98    '99     '00      .'Ql   '02
Muskegon County          9.6        6.3    14.1    7.5      10.3   6.1
Michigan                 8. I       8.2     8.0    8.2       8.0   8.1
                                                                         ··---~-·                        --
2002 Leading Cause of Death
                                          African American _Muskegon
                                                  ···-···---~---
                                                                                Michigan           us
Heart Disease                                     2            1                   1                 1
Cancer                                            1            2                   2                 2
Stroke               ----~-
                                                3                   3                 3              3
~9nic '=,_9WE?iJ3_E:!~Pir_C1!9D':               6                   4    ----·- ---   4              4
~ccidents                                       4                   5                 5     -        5
                                                                                                 ---"-------
Diabetes                                        5                   6                 6              6
Pneumonia/Influenza--~~----
                                                9                   7            -
                                                                                      7              7   -~




Alzheimers                                      7                   8                 8              8
                                                                                                - ---::;---
Kidney Disease                                  8
                                             ----------
                                                                    9                 9              9
Suicide                                           N/A              10                 10          10
Septicema                                         10               N/A                N/A         N/A

Leading cause of death information was not available for the Hispanic or Asian population for
the County.

                         Needs of Persons Threatened with Homelessness

Housing is deemed "affordable" if persons are paying no more than 30% of their income towards
housing costs. According to the 2000 census, 1454 of specified owner-occupied units were
paying more than 30% of their income for housing cost, which represents 19.3% of the specified
owner-occupied households in Muskegon, according to the Census statistical equation. If we
took that same percentage to the total owner-occupied homeowners household who have
extremely low incomes (0 - 30% MFI) and pay half or more of their income on housing are the
group just at risk of becoming homeless. The continuing increase of housing cost and the
stagnant wages that many individuals and families at the lower rung of the economic ladder are
experiencing. As well as the continuous decline or lack of increase in the number of section 8
certificates or vouchers in Muskegon County.

The fair market rate for the Grand Rapids - Muskegon - Holland MSA is $796.00 for a 3
bedroom home or apartment. A household making $8.00 per hour would be required to work
99.5% hours during one week to make the rent for a fair market unit; while an individual would
need an income of approximately $16.50 per hour at a straight 40 hour week for a month. In
order to be able to afford to allocate 30% of their wages to housing in order to afford a fair
market 3-bedroom unit. Therefore someone with an income of just above minimum wage at
$6.00 per hour would need to work an unthinkable 440 hours per month to gross an income to
afford the fair market rent for 3 bedroom apartment.




                                                                                                               18
Some of the mechanism that assist low income residents with their housing cost arc items like
rent or mmigage assistance, utility assistance, as well as factors that help an individual and or
family increase their earning potential. Some of those factors are education, employment
training, subsidize childcare and subsidize transportation cost. According to the 2000 census
approximately 6092 residents or 42% of the working population who don't work at home work
outside the city. The census also revealed that approximately 14 %of Muskegon households
don't have automobiles. Therefore, in order to improve an individual economic status
transportation is a major factor. According to the census, the median time to get to work is 19.9
minutes. The 2002 Analysis of Impediments to Fair housing Choice from the Muskegon
Metropolitan area listed the following factors as potential ban·iers to housing choice.

1.   unpaid utility bills
2.   credit rating
3.   insufficient income
4.   insufficient knowledge of availability of information
5.   unstable job

It is obvious from what was gathered for this document that many of those same factors, if not
all, can also be factors to cause at-risk families to become homeless.

                                      Anti-Poverty Strategy

The City of Muskegon anti-poverty strategy consist of four main components which included,
the development of affordable housing while helping to maintain and upgrade the city's existing
housing stock, the promotion and delivery of supportive services within the community as it
relates to the needs of the most fragile residents of the community to create an atmosphere that
attracts businesses, retains the existing businesses and support entrepreneurials and also to
promote access to health care and to promote healthy life style living for all residents.

Housing: This is the main building block of the city of Muskegon's anti-poverty strategy.
Without affordable and or quality housing the extremely-low and very low income households
will continue to pay large portions of their incomes on housing leaving little resources for the
other necessities such as food, utilities, clothing, transportation etc. Over the next five years, the
city will continue to work closely with entities that provide housing oppmiunities to the city of
Muskegon. Also when deemed in the best interest of the community, the city will work with
outside entities to increase the quantity of housing in the community both affordable and market
rate. As the city's housing rehabilitation funding remains available, the city will continue to
diligently make the available rehabilitation services to qualified residents.

Supportive Services: Many households benefit from the availability of supportive services.
Unfortunately, in most cases the public services find themselves in a position of more need than
funding available to meet the needs of their client base. It is hoped that funding will be available
to assist these impmiant programs as they attack the root cause of pove1iy.

Employment: As mentioned earlier in the plan, the city of Muskegon has had a higher
unemployment rate than the majority of the surrounding communities as well as the state of



                                                                                                   19
Michigan and the county as a whole. By strengthening the local economy, by making it more
diverse all of the city's residents will find themselves in a better position to have the best quality
oflife. The city itself will increase its overall tax base and improve the image of the community.

Many local agencies that work with the low and moderate-income population will need to
connect. The residents with the programs that will help them obtain long-term employment. As
in most successful communities development projects it is imperative that many different
elements of the community are involved. Some of the main partners required are the business
community, nonprofits, education community, the faith base community and, of course,
government.

It is also important because a large portion of the city of Muskegon is under 25 years old that the
emphasis is started as early as possible. Some of the responses from the business community as
well as the workforce development community reinforce this point.

Health: In order to be productive and have a good quality of life, it is important to have positive
health. It is evident from the section of the plan that covered health in Muskegon County that
there is some health disparities. It is also evident that negative health can affect a person's
ability to be a good worker, neighbor and or homeowner. It also was noted that negative health
or a negative health style could affect a family for generations. Therefore, it is important that
when possible, the city of Muskegon partners with the health community in order to promote and
insist on a community of health styles. Therefore, the whole community can enjoy the positive
living of being a citizen of the city of Muskegon. Similar to the other anti-poverty strategies to
be most effective there should be collaboration across the community.

                                           Elderly Frail

The 2000 Census identified $,977 persons age 65 and over. This account for 12.4 % of the total
population of the city of Muskegon. The percentage of 65 and over residents in Muskegon
County is slightly more than the city at 12.9%. Although the researcher was unable to find an
exact number to identify the city's or county's elderly frail, national statistics estimates the
frail/elderly population at 2 to 8% of the population over 60. By HUD's definition "frail"
includes persons who are unable to perform at least three activities of daily living (e.g. eating,
dressing bathing, grooming and household management activities). With the last of the
established baby boomers becoming sixty-five years old in 2,028, there will be a need to assist
the elderly populations in creative ways.

According to the commission on affordable housing and health facility needs for seniors in the
21st Century rising concerns about the cost of social security, Medicaid, Medicare and other
federal entitlement programs threaten housing stability and appropriate in home health care for
the elderly and frail elderly. The need to forage public private partnerships to deliver service and
housing to the elderly has become increasing impmiant. This is due to a number of issues
including the growth in the elderly population and the continued move away from
institutionalization toward more community-based care.




                                                                                                  20
Percent of Muskegon Population by Age according to the 2000 Census

Total population               40,105
Under 5                        3,062     7.6%
5- 9                           3,082     7.7%
10 - 14                        2,736     6.8%
15 - 19                        2,593     6.5%
20 - 24                        3,536     8.8%
25 - 34                        6,672     16.6%
35-44                          6,222     15.5%
45-54                          4,670     11.6%
55 - 59                        1,446     3.6%
60 - 64                        1,109     2.8%
65 - 74                        2,218     5.5%
75 - 85                        1,989     5.0%
85+                              770     1.9%

Source: 2000 Census


                   Age Population
              18000    -   -              ~1

              16000                       l
          ~ 14000                             I
         c.. 12000                            I
          ~ 10000                         -1
         t 8000                               i
          0    6000
         'It:  4000
               2000
                   0




                                Age




                                                                     21
                                         Marquette Neighborhood and City of Muskegon Comparison

                Mar uette Population Chanoe 1970 • 2000
Year                     1970      I 1980 I 1990           I   2000        Year                                                              2000
Population               1,892     I  4,408   I 3,993      1   4,231       Population                                                       40,105

I% Change in population since 1Si!f                            224%    I   I% of Change in Population since 1970                            -10.1% )

C    Persons Per Household        I                                                    Persons Per Household                 I Number of Households
                   I      2                                                !City of Muskegon              I             2.51            I   14,770

C~CiiarlHousehold                 1                                                      Median Household
            1 $  24,028                                                    City of Muskegon                    $    27,929

           Educational Attainment- Mar uette                                       Educational Attainment- City_of Muske on
High School      Some College                Bachelors                     High School      ISome College IAssociates Bachelors
     33.70%          23.80%                     9%                              37.10%     J 24.90% _l 7%                   6%

        Population by Age and Gender- Marquette                                Population by Age and Gender - City of Muskegon
      Male            Female                                                     Male           Female
      1,943            2,288                                                        20,971          19,134
       Age            Number     Percentage                                      Age            Number     Percentage
       1-14             729       17.23%                                         1-14            9,845        24.40%
      15-24             961       22.70%                                        15-24            6,129        15.20%
      25-34             689       16.30%                                        25-34            6,672        16.50%
      34-44             549       13.00%                                        34-44            6,222        15.40%
      45-54             453       10.70%                                        45-54            4,670        13.50%
      55-64             269        6.40%                                        55-64            2,555        11.60%
       65+              581 -   _13.70%_ '                                       65+             4,977         6.30%

                       Race                                                                     Race
      White             2,631         62.18%                                     White           24,309            60.61%
      Black              1,277        30.18%                                     Black           12,701            31.67%
     Hispanic             258          6.10%                                    Hispanic·         2,560             6.38%
      Others

                        Demolitions in Marquette                                                     Total Demolitions
      2000         I     2001     I    2002     I   2003   I   2004               2000      I     2001     l   2002          J   2oo3   1    2004
        0          I       0      I      0      I     0    I    0                  38       I      37        I   38          I    20    I     36

 Homeownership vs Rental Rates - Marquette                                  Homeownership vs Rental Rates- Muskegon
Total Units         2,109                                                  Total Units        15,999
Occupied Units     2,028           96.10%                                  Occupied Units     14,569
6wner-Occupied       565           26.70%                                  Owner-Occupied      8,284        51.80%
Rental Occupied     1,458          69.10%                                  Rental Occupied     6,285        39.30%
Vacant               86              4.00%                                 Vacant              1,430        8.10%
                                     Jackson Hill Neighborhood and City of Muskegon Comparison

                                                                                             City of Musker:;on Population
Year                                                  2000           Year                I     1970      I 1980 I 1990                 I        2000
Population                                            1,057          Population          I    44,631     I 40,823 I 40,283             I       40,105

[%Change in Population since 1970                    -41.5%]         [%of changein Populailonsince 1970-                                       -10.1%   1


     Persons Per Household                                                      Persons Per Household                         Number of Households
                      3.1                                            City of Muskegon I            I             2.5                      14,770

       Median Household                                                           Median Household
                 $     18,849                                        City of Muskegon I                 I   $    27,929

                Educational Attainment                                       Educational Attainment- City of Muske on
High School      Some College Associates                             High School      \Some College \Associates Bachelors
     30.20%         25.50%         4.70%                                  37.10%      I 24.90% I           7%         6%

        Population by Age and Gender                                         Population by A~e and Gender- City of MuskeQon
      Male            Female                                                   Male           Female
       479             578                                                    20,971           19,134
       Age            Number      Percentage                                    Age           Number    Percentage
       1-14            347         33.00%                                       1-14           9,845       24.40%
      15-24             162        15.30%                                      15-24            6,129      15.20%
      25-34             138        13.00%                                      25-34           6,672       16.50%
      34-44             130        12.30%                                      34-44           6,222       15.40%
      45-54             89          8.40%                                     45-54            4,670       13.50%
      55-64             62          5.90%                                      55-64            2,555      11.60%
       65+              129   - '   12.20%-                          -----
                                                                                65+ -           4,977       6.30%

                    Race                                                                     Race
White                 266           25.10%                           White                    24,309            60.61%
Black                 729           68.90%                           Black                    12,701            31.67%
Hispanic               87            8.23%                           Hispanic                  2,560             6.38%

                                                                                                  Total Demolitions
      2000                                            2004                     2000      I     2001      I 2002           I     2003   l        2004
        1               1                               0                       38       I      37       I    38          I      20        I     36

       Homeownership vs Rental Rates                                  Homeownership vs Rental Rates - Muskegon
Total Units         1,740                                            Total Units           15,999
Occupied Units      1,652          95%                               Occupied Units        14,569
Owner-Occupied      1,357        78.00%                              Owner-Occupied          8,284      51.80%
Rental Occupied      295         17.00%                              Rental Occupied         6,285      39.30%
Vacant                88          5.00%                              Vacant                  1,430       8.10%
                                          Angell Neighborhood and City of Muskegon Comparison

                Angell Population Chance 1970- 2000
Year             I      1970      I 1980 I 1990             I    2000         Year                                                                2000
Population       I     4,947      I 4,095 I 3,695           I    3,301        Population                  44,631                               __40,105

I'/o Change in Population since 1970             ---            -33.27%   I   lo/;;- of Change in   Population since 1970                        -1oKJ
     Persons Per Household                                                               Persons Per Household                        Number of Households
     Angell      I    2.7                                                     City of Muskegon I            I                2.5                  14,770

       Median Household                                                                     Median Household
      Angell    I$     18,950                                                       of Muskegon I                   I   $    27,929

              Educational Attainment - Angell                                         Educational Attainment- Ci.!Y_ of Muske on
High School      \Some College \Associates \Bachelors                          High School    JSome College JAssociates Bachelors
     33.20%      I 23.30% I 6.70% I 3.60%                                           37.10%     I 24.90%                7%        6%

    Population by Aqe and Gender - Anqell                                          Population by Age and Gender- Ci.!Y_ of Musk~on
      Male           Female                                                          Male            Female
      1,512           1,789                                                         20,971            19,134
       Age           Number     Percentage                                            Age            Number     Percentage
      1-14             965         29.20%                                            1-14             9,845       24.40%
     15-24             488         14.80%                                            15-24            6,129       15.20%
     25-34             417         12.60%                                           25-34             6,672       16.50%
     34-44             417         12.60%                                            34-44            6,222       15.40%
     45-54             368         11.10%                                           45-54             4,670       13.50%
     55-64             242          7.30%                                            55-64            2,555       11.60%
       65+ - - L ..    404     ' 12.20%                                               65+         --- 4,977 - '--- 6.30%
                                                                                                    ~




                      Race                                                                              Race
White                    960           29.08%                                  White                     24,309             60.61%
Black                   2,078          62.95%                                  Black                     12,701             31.67%
Hispanic                 220            6.66%                                  Hispanic                   2,560              6.38%

                         Demolitions in Anqell                                                                Total Demolitions
       2000       I     2001      I 2002         I   2003   1    2004                 2000                 2001         2002                      2004
        10        I       9       I     10       I     6    I     1:3 ~                38                   37            38                       36

   Homeownership vs Rental Rates -Angell                                        Homeownership vs Rental Rates- Muskegon
Total Units         1,377                                                      Total Units           15,999
Occupied Units      1,204          87.40%                                      Occupied Units        14,569
Owner-Occupied       572           41.50%                                      Owner-Occupied          8,284     51.80%
Rental Occupied      632           45.90%                                      Rental Occupied         6,285     39.30%
Vacant               173           12.60%                                      Vacant                  1,430      8.10%
                                   East Muskegon Neighborhood and City of Muskegon Comparison

         East MuskeQon Population Chan1 e 1970- 2000
Year             I 197o I       1980       1990 I 2000                  Year                                                             2000
Population       I 7,273 I 6,871           6,773 I 9,598                Pop_ulatLor1__              44,631                              40,105

I% Change in Population since   1970_____                    132%   I   I% of Change in Population since 1970                           -1 0.1%     I

   Persons Per Household                                                           Persons Per Household                     Number of Households
                                                                        City of Muskegon I            I            2.5                   14,770

                                                                                         Median Household
                                                                            Citv of Muskegon I            I$        27,929

               Educational Attainment                                              Educational Attainment - City of Muske on
High School                                      Bachelors                  High School     ISome College !Associates Bachelors
     41.10%                                        3.60%                '       37.10% __L_24.90%             1_7%-             6%

      Population by Age and Gender                                             Population by Age and Gender- City of Muskegon
      Male          Female                                                       Male           Female
      6,368           3,230                                                     20,971              19,134
       Age           Number     Percentage                                        Age              Number       Percentage
       1-14           1552       16.10%                                          1-14               9,845        24.40%
      15-24           1330       13.90%                                          15-24              6,129        15.20%
      25-34           2138       22.30%                                         25-34               6,672        16.50%
      34-44           1946       20.30%                                          34-44              6,222        15.40%
      45-54           1246       12.90%                                         45-54               4,670        13.50%
      55-64            487        5.10%                                          55-64              2,555        11.60%
       65+       '     899        9.40%                                           65+               4,977         6.30%

                     Race                    •                                                     Race
White                 5,186      54.03%      :                              White                   24,309       60.61%
Black                 3,602      37.53%      '
                                                                            Black                   12,701       31.67%
Hispanic               605        6.30%                                     Hispanic                 2,560        6.38%

                                                                                                        Total Demolitions
      2000                                                   2004                2000                2001         2002                    2004
       2                            0                         2                   38                  37            38                     36

     Homeownership vs Rental     Rates                                   Homeownership vs Rental Rates - Muskegon
Total Units       2,271                                                 Total Units            15,999
Occupied Units    2,158          95.02%                                 Occupied Units         14,569
Elwner-Occupied   1,681          74.00%                                 Owner-Occupied          8,284      51.80%
Rental Occupied    477           21.00%                                 Rental Occupied         6,285      39.30%
Vacant             113           4.90%                                  yacant           ---···-
                                                                                                1,430 - - 8.10%
                                      Mclaughlin Neighborhood and City of Muskegon Comparison


Year                                                          2000         Year                                                                  2000
Population                                                    5,705        Populati()n                                            40,283        40,105

I% Change in population since 1970                            -1 i6o/o-]   [o/i"OfChange in Population   smce 1970                              -10.1%   ]

I    Persons Per Household      I                                                        Persons Per Household               I   Number of Households
                I     2.8                                                  ICity of Muskegon                  I         2.51               I 14,770
I      Median Household      -~                                                         Median Household
               I$      24,569                                              City of Muskegon                       $ 27,929

                                                                                   Educational Attainment- City of Muskegon
High School      Some College                 Bachelors                    High School      1Some College l Associates 1Bachelors
    39.10%          22.20%                       3%                             37.10%      I 24.90% I 7%              I    6%

        Population by AQe and Gender - McLaughlin                               Population b' Age and Gender- City of Muskegon
      Male             Female                                                    Male            Female
      2,738             2,967                                                        20,971          19,134
       Age            Number     Percentage                                       Age            Number     Percentage
       1-14             1,759      30.10%                                         1-14            9,845      24.40%
      15-24              970       17.00%                                        15-24            6,129      15.20%
      25-34              887       15.50%                                        25-34            6,672      16.50%
      34-44              830       14.50%                                        34-44            6,222      15.40%
      45-54              557        9.80%                                        45-54            4,670      13.50%
      55-64              293        5.10%                                        55-64            2,555      11.60%
       65+               409        7.20%                                         65+             4,977       6.30%

                     Race                                                                          Race
     White            2,656          46.60%                                      White              24,309         60.61%
     Black            2,439          42.83%                                      Black              12,701         31.67%
    Hispanic            22            0.39%                                     Hispanic             2,560          6.38%
     Others            588           10.31%

                     Demolitions in McLaughlin                                                           Total Demolitions
      2000       I    2001       I 2002 I 2003            I    2004               2000        J      2001      J 2002 J            2003    J     2004
       10        I      6        I    10    I  4          I      6                 38          I      37        I  38      I        20         1~36

 Homeownership vs Rental Rates -McLauqhlin                                 Homeownership vs Rental Rates- Muskego~
Total Units         2,205                                                  Total Units        15,999              I
Occupied Units      1,961        88.90%                                    Occupied Units     14,569              I
Owner-Occupied      1,007        45.60%                                    Owner-Occupied     8,284        51.80%
Rental Occupied      954         43.20%                                    Rental Occupied    6,285        39.30%
Vacant               244           11%                                     Vacant             1,430         8.10% I
                                       South Nelson Neighborhood and City of Muskegon Comparison

                                                                                                      City of Muskegon Population
Year                                                           2000           Year                I     1970      I 1980 I 1990 1                  2000
                                                               1,713          Population          I    44,631     I 40,823 I 40,283 I             40,105

I% Change in popuiaHonSlnce197o                               -20.7%      1   [%-of Change in PopuiatloliSfr1Ce 1970                              -10.1%    I
I      Persons Per HouseEold      I                Number of Households                  Persons Per Household                     I Number of Households
                   I   2.7                                      631           I
                                                                              City of Muskegon                   I            2.51            I   14,770

I        Median Household         I                                                        Median Household
                   I
                   $     31,761                                               City of Muskegon                       $    27,929

         Educational Attainment - South Nelson                                        Educational Attainment- Ci!Y_ of Muske on
High School      Some Colle e Associates Bachelors                            High School      ISome College !Associates Bachelors
     32.40%          29.10%         7.60%      9%                                  37.10%          24.90%            7%         6%

               Population by Age and Gender                                           Population by Age and Gender- City of Muskegon
        Male             Female                                                         Male           Female
         813              900                                                              20,971          19,134
         Age             Number    Percentage I                                         Age            Number     Percentage
         1-14             467        27.20% I                                           1-14            9,845       24.40%
        15-24             283        16.50% I                                          15-24            6,129       15.20%
        25-34             238        13.90%    1                                       25-34            6,672       16.50%
        34-44             247        14.40%                                            34-44            6,222       15.40%
        45-54             252        14.70%                                            45-54            4,670       13.50%
        55-64              91         5.30%                                            55-64            2,555       11.60%
-
         65+- - - -    -
                          135         7.90%                                   '----
                                                                                        65+             4,977        6.30%

                       Race                                                                           Race
        White             972         56.70%                                           White           24,309            60.61%
        Black             587         34.20%                                           Black           12,701            31.67%
       Hispanic           125          7.30%                                          Hispanic          2,560             6.38%

                       Demolitions in South Nelson                                                         Total Demolitions
        2000             2001          2002        2003         2004                   2000       I     2001     l   2002          I   2003   1   2004
          0                1             0                        0                     38        I      37        l   38          I    20    I    36

      Homeownership      vs Rental Rates       '
                                                                               Homeownership vs Rental Rates - Muskegon
Total Units              706                                                  Total Units        15,999
Occupied Units           631          89.3%                                   Occupied Units     14,569
Owner-Occupied           382          54.1%                                   Owner-Occupied      8,284         51.80%
Rental Occupied          249          35.3%                                   Rental Occupied     6,285         39.30%
Vacant                    75          10.6%    .                              Vacant              1,430          8.10%
                                             North Nelson Neighborhood and City of Muskegon Comparison

                                                                                                     City of Muske<:1on Population
Year                                                                         Year                I     1970       I 1980 I 1990             I    2000
Populatio~--            ..... _3,!)95                          2,801         Population          I    44,631      I 40,823 I 40,283         I   40,10.5

I% Change in Population since 1970                             -22o/o -]     I% of Change in Population sinc-e 1970                             -10.1%    I

       Persons Per Household                                                            Persons Per Household                      Number of Households
                        2.3                                                  City of Muskegon I            I          2.5                      14,770

         Median Household                                                                 Median Household
                   $     18,736                                              City of Muskegon I                 I$    27,929

                        Educational Attainment                                       Educational Attainment- City of Muske on
High School             !Some College !Associates !Bachelors                 High School      !Some College JAssociates Bachelors_
     41.80%             I 19.20% I 1.40% I 2.30%                                  37.10%      I 24.90% I           7%         6%

         Population by AQe and Gender                                               Population by Age and Gender- City of Musk~on
       Male            Female                                                         Male           Female
       1,478            1,323                                                        20,971           19,134
        Age            Number     Percentage                                           Age           Number    Percentage
        1-14             663       23.70%                                              1-14           9,845       24.40%
       15-24             447       16.00%                                             15-24           6,129       15.20%
       25-34             463       16.50%                                            25-34            6,672       16.50%
       34-44             397        14.20%                                            34-44           6,222       15.40%
       45-54             255        9.10%                                            45-54            4,670       13.50%
       55-64             167        6.00%                                             55-64           2,555       11.60%
        65+              409
                        ......
                                   14.60%                                    '---
                                                                                       65+        ~4,977-          6.30%

                             Race                                                                    Race
White                          1,242        44.34%                           White                    24,309         60.61%
Black                          1,356        48.41%                           Black                    12,701         31.67%
Hispanic   ---   -···
                                180          6.43%                           Hispanic                  2,560          6.38%

                             Demolitions in North Nelson                                                  Total Demolitions
        2000                   2001           2002                                   2000        I     2001     l 2002         I     2003   J    2004
          6                      6             11                                     38         I      37       I    38              20          36

        Homeownership vs Rental Rates                                          Homeownership vs Rental Rates- Muskegon
 Total Units          1,266                                                   Total Units            15,999
 Occupied Units       1,051             83%                                   Occupied Units         14,569
 Owner-Occupied        303           23.90%                                   Owner-Occupied          8,284     51.80%
.Rental Occupied       748           59.10%                                   Rental Occupied         6,285     39.30%
 Vacant                215           16.90%                                  ,Vacant      --··L.__    1,430      8.10%
                                            Downtown Muskegon and City of Muskegon Comparison

                Downtown Population Change 1970 - 2000                                                City_ of Musk~n P~lation
Year               I    1970      I 1980 I 1990                I   2000       Year                I     1970     l    1980  I 1990 1 2000
Population              328       I    26    I 62              I    90        Population          I    44,631      I 40,823 1 40,283 __40, 105

I% Change in Population since 1970                                 -27.4% I   I% of Change in Population since 197o                              -10.1%    I

        Persons Per Household                                                                Persons Per Household                  Number of Households
                         1.5                                                      City of Muskegon I            I      2.5                      14,770

          Median Household                                                                    Median Household
                    $     43,917                                                      of Muskegon I              I$    27,929

                   Educational Attainment                                                 Educational Attainment- City_of Muske on
High School         Some College Associates        Bachelors                      High School      !Some College JAssociates Bachelors
     18.80%            12.50%         0.00%         23.40%                             37.10%      I 24.90% _j__] 0/o              6%

          Population by Age and Gender                                               Population b\ Age and Gender- City of Muskegon
        Male            Female                                                         Male           Female
          45              55                                                          20,971           19,134
         Age            Number        Percentage                                        Age           Number    Percentage
         1-14             23            23.00%                                          1-14           9,845       24.40%
        15-24             16            16.00%                                         15-24           6,129       15.20%
        25-34             30            30.00%                                        25-34            6,672       16.50%
        34-44             13            13.00%                                        34-44            6,222       15.40%
        45-54              8             8.00%                                        45-54            4,670       13.50%
        55-64              4            4.00%                                          55-64           2,555       11.60%
-----
         65+               6   -----
                                     _6_()(J<yo                               '         65+            4,977        6.30%

                       Race                                                                           Race
White                     49          49.00%                                      White                24,309         60.61%
Black                     35          35.00%                                      Black                12,701         31.67%
Hispanic                   4           4.00%                                      Hispanic              2,560          6.38%

                        Demolitions in Downtown                                                             Total Demolitions
         2000      I     2001      I 2002 I          20o3      I    2004               2000       I     2001     J   2002       I     2003   1   2004
           1       I       0       I     0     I       0       I      0                 38        I      37       I    38       I      20    I    36

       Homeownership     vs Rental Rates                                           Homeownership vs Rental Rates - Muskegon
Total Units               37                                                      Total Units           15,999
Occupied Units            30           81%                                        Occupied Units        14,569
Owner-Occupied            4          10.80%                                       Owner-Occupied          8,284      51.80%
Rental Occupied           26         70.30%                                       Rental Occupied         6,285      39.30%
Vacant                    7          18.90%                                       Vacant                  1,4~        8.10%
                                              Nims Neighborhood and City of Muskegon Comparison

                    Nims Population Change 1970 - 2000                                                  City_of Muskegon PC2_ulation                                 J
!Year               I     1970      I 1980 I 1990               I   2000         Year               I      1970     I 1980 I 1990                   l        2000
 Population              4,;<29     I 3,667 I 3,507             I   3,464        Population         I    44,631     I 40,823 1 40,283                   I   40,105

I% Change in population since 1970                                  -18.1%   J   1°/o of Change in Population sin-ce   1970                                 -10.1%   I

r--   Persons Per Household         I              Number of Households                     Persons Per Household                          Number of Households
                     I 2.3                                     1,408             City of Muskegon              I              2.5                      14,770

I        Median Household           I                                                          Median Household
                  1 $    29,519                                                  City of Muskegon                       $     27,929

                  Educational Attainment- Nims                                          Educational Attainment - City_of Muske on
High School          ISome College IAssociates     IBachelors                    High School      ISome College _jAssociates Bachelors
     40.80%               22.40%     I 7.20%       I 7%                          ____1710%      l     24.90% _l        7%         6%

           Population by Age and Gender- Nims                                         Population b\ Age and Gender - City_ of Muskegon
       Male            Female                                                           Male           Female
       1,728            1,725                                                              20,971          19,134
        Age           Number      Percentage                                            Age            Number     Percentage
        1-14             801       23.10%                                               1-14            9,845        24.40%
       15-24             555       16.02%                                              15-24            6,129        15.20%
       25-34             523       15.09%                                              25-34            6,672        16.50%
       34-44             560       16.16%                                              34-44            6,222        15.40%
       45-54             404       11.66%                                              45-54            4,670        13.50%
       55-64             207        6.00%                                              55-64            2,555        11.60%
        65+              403       11.63%                                               65+             4,977 _._6,30%

                         Race                                                                           Race
       White               2,926        84.70%                                         White             24,309             60.61%
       Black                212          6.12%                                         Black             12,701             31.67%
      His[Janic             318          9.18%                                        Hispanic            2,560              6.38%

                             Demolitions in Nims                                                             Total Demolitions
       2000          I     2001      I 2002        I   2003     I    2004               2000        I     2001     _j_ 2002            I     2003   J        2004
         3           I       5       I     3       I     1      I      8                 38         I      37        I   38            I      20        I     36

   Homeownership vs Rental Rates- Nims                                            Homeownership vs Rental Rates- Muskegon
Total Units         1,536                                                        Total Units        15,999
Occupied Units      1,408           91.7%                                        Occupied Units     14,569
Owner-Occupied       937            61.0%                                        Owner-Occupied      8,284        51.80%
_Rental Occupied     471            30.7%                                        Rental Occupied     6,285        39.30%
Vacant               125            8.10%                                        Vacant              1,430         8.10%
                                        Lakeside Neighborhood and City of Muskegon Comparison
                                                                                                 City of Muskeqon Population
Year                                                             2000       Year             I     1970      I 1980 I 1990 I                    2000
Population                                                       3,678      Population      J     44,631     1 . 40,823  I 40,283 1            40,1 o5

I% Change in Population since 1970                               -24.6% ]   I% of Change in Population since 1976                              -10.1%    I

     Persons Per Household                                                              Persons Per Household                    Number of Households
                      2.2                                                   City of Muskegon I             I        2.5                      14,770

       Median Household         I ' ~·W"~ '"'     v·~ .. ,   I                            Median Household
                 $     36,042                 I    ~~~                      City of Muskegon I               I$     27,929

                 Educational Attainment                                             Educational Attainment - City of Muske on
High School      ISome College !Associates !Bachelors                       High School     JSome College JAssociates Bachelors
     32.30%      I 29.40% I 8.70% I 11 .so%                                      37.10%      I 24.90% I             7%     _6%

        Population by Aqe and Gender        I                                   Population by Age and Gender - Ci!)t_of Musk~on
      Male            Female                                                      Male           Female
                                            I
      1,788            1,890                                                     20,971           19,134
       Age            Number     Percentage '                                      Age           Number     Percentage
       H4               667       18.10%                                           1-14           9,845        24.40%
      15-24             418        j j .40%                                       15-24           6,129        15.20%
      25-34             605       16.40%                                         25-34            6,672        16.50%
      34-44             536       14.60%                                          34-44           6,222        15.40%
      45-54             468       12.70%                                         45-54            4,670        13.50%
      55-64             345         9.40%                                         55-64           2,555        j j .60%
       65+              639       17.40%                                           65+            4,977         6.30%

                     Race                                                                        Race
White                  3,403         93.07%                                 White                 24,309          60.61%
Black                    94          2.50%                                  Black                 12,701          31.67%
Hispanic                j 31         3.85%                                  Hispanic               2,560           6.38%

                      Demolitions in Lakeside                                                         Total Demolitions
      2000       I    2001      I 2002 I           2003      I    2004             2000      I     2001     l   2002         I     2003   .I    2004
        j        I      0       I      2      I       j
                                                             I      0               38       I      37        I   38         I      20           36

       Homeownership vs Rental Rates                                         Homeownership vs Rental Rates - Muskegon
Total Units         1,266                                                   Total Units            15,999
Occupied Units      1,051          83%                                      Occupied Units         14,569
Owner-Occupied       303         23.90%                                     Owner-Occupied          8,284      51.80%
Rental Occupied      748         59.10%                                     Rental Occupied         6,285      39.30%
Vacant               215         16.90%                                     Vacant                  j ,430      8.10%
                                     Beachwood/Bluffton Neighborhood and City of Muskegon Comparison

          Beachwood/Bluffton Population Chan< e 1970 - 2000                                  City of Muskegon Population                         '
Year             I    1970      I 1980           1990 I 2000            Year             I      1970     I 1980 I 1990            I    2000
PO£L]Iation      I    2,000     I 1,627          1,388 I 1,301          Population       I    44,631     I 40,823 I 40,283        I   40,105

I% Change in Population since 1970 ·                     -34.9%]        I% ofChailge in Populaffi)nsmce   1976                        -10.1%     I

     Persons Per Household                                                         Persons Per Household                  Number of Households
                      2.1                                               City of Muskegon I            I          2.5                  14,770

       Median Household                                                              Median Household
                 $     53,712                                           City of Muskegon I                I$     27,929

                 Educational Attainment                                        Educational Attainment- City_of Muske on
High School      ISome College !Associates IBachelors                   High School     ISome College !Associates Bachelors
     18.90%      I 31.00% I 10.80% 1 18.80%                                  37.10%          24.90%           7%        6%

        Population by Age and Gender                                        Population by Age and Gender- City of Musk~on
      Male            Female                                                  Male           Female
       647              654                                                  20,971           19,134
       Age            Number     Percentage                                    Age           Number     Percentage
       1-14             156       11.90%                                       1-14           9,845       24.40%
      15-24             114        8.80%                                      15-24           6,129       15.20%
      25-34              86        6.60%                                     25-34            6,672       16.50%
      34-44             186       14.30%                                      34-44           6,222       15.40%
      45-54             270       20.80%                                     45-54            4,670       13.50%
      55-64             201       15.40%                                      55-64           2,555       11.60%
       65+              288       22.10%                                       65+            4,977        6.30%

                     Race                                                                    Race
White                  1,258           96.70%                           White                 24,309           60.61%
Black                    16             1.23%                           Black                 12,701           31.67%
Hispanic                 17
                         ---------
                                        1.31%                           Hispanic               2,560            6.38%

                 Demolitions in Beachwood/Bluffton
      2000           2001           2002         2003     2004                2000                                                    2004
        1               4             1                     0                  38                                38                    36

       Homeownership     vs Rental Rates                                 Homeownership vs Rental Rates - Muskegon ,
Total Units              693                                            Total Units            15,999
Occupied Units           625            90.20%                          Occupied Units         14,569
Owner-Occupied           528            76.20%                          Owner-Occupied          8,284      51.80%
Rental Occupied           97            14.00%                          Rental Occupied         6,285      39.30%
Vacant                    70            10.10%                          Vacant                  1,430       8.10%
                                       Gambell/Glenside Neighborhood and City of Muskegon Comparison

         Campbeli/Giens'1de Pooulation Chance 1970 - 2000                                             City of Muskegon Population                                I

Year            I     1970      I 1980          1990 I 2000                    Year               I     1970      I 1980 I 1990                    I    2000
                                               3,468 I 3,402                                                      I 40,823 I 40,283                I             '
Population            4,168     I 3,728                                        Population         I    44,631                                          40,105    i



I% Change in Population since 1970                              -18%   n   J   I 0/o of Change in Population   sil1ce 1970                             -1 0.1%   I

     Persons Per Household                                                                Persons Per Household                           Number of Households
                      2.1                                                      City of Muskegon I            I               2.5                      14,770

       Median Household                                                                      Median Household
                 $     27,269                                                       of Muskegon I                    I$      27,929

                 Educational Attainment                                                Educational Attainment- City_ of Muske on
High School      Some College Associates        Bachelors                      High School      ISome College !Associates Bachelors
     40.50%         22.80%          6.00%         8.40%                             37.10%      I 24.90% l            7%         6%

        Population by Aqe and Gender                                                Population by Age and Gender- City of MuskeQon
      Male            Female                                                          Male           Female
      1,537            1,865                                                         20,971           19,134
       Age            Number     Percentage                                            Age           Number    Percentage
       1-14             737       21.70%                                               1-14           9,845       24.40%
      15-24             441       12.90%                                              15-24           6,129       15.20%
      25-34             539       15.80%                                             25-34            6,672       16.50%
      34-44             439       12.90%                                              34-44           6,222       15.40%
      45-54             332        9.80%                                             45-54            4,670       13.50%
      55-64             208        6.10%                                              55-64            2,555      11.60%
       65+              706       20.80%                                               65+            4,977        6.30%

                     Race                                                                             Race
White                 2,937            86.30%                                   White                  24,309             60.61%
Black                  277              8.14%                                   Black                  12,701             31.67%
Hispanic               105    --
                                   L    3.09%                                   Hispanic                2,560              6.38%

                 Demolitions in Campbell/Glenside                                                            Total Demolitions
      2000       I  2001        I 2002 I 2003               I   2004                  2000        I      2001      I   2002           I     2003   1    2004
        3        I     0        I    0      I     1         I     0                    38         I       37            38                   20          36

         Homeownership vs Rental Rates                                           Homeownership vs Rental Rates - Muskeqon
  Total Units              1763                                                 Total Units            15,999
  Occupied Units           1580        89.6%                                    Occupied Units         14,569
 ·owner-Occupied            790        44.8%                                    Owner-Occupied          8,284      51.80%
  Rental Occupied           790        44.8%                                    Rental Occupied         6,285      39.30%
I Vacant                    183        10.4%                                    Vacant                  1,430_ - -  8.10%
          Commission Meeting Date: March 22, 2005




Date:       March 22, 2005
To:         Honorable Mayor & City Commission
From:       Planning & Economic Development Department cJ;~
RE:         Environmental Program Mowing and Trash Clean·
            up Contract


SUMMARY OF REQUEST:
The contract for mowing of lots and trash clean up of public and private
properties previously held by Freelance Enterprises Inc. will expire on
March 28, 2005. A request for bids was advertised and two companies
placed bids. Freelance Enterprises is the low bidder for a two-year
agreement.

FINANCIAL IMPACT:
The bids came in lower than the amounts        paid under the previous
contract, this may lower the cities costs.

BUDGET ACTION REQUIRED: None.

STAFF RECOMMENDATION:
To approve the contract and to authorize the mayor and City Clerk to
sign a 2-year agreement with Freelance Enterprises (see attachments),
for the mowing of lots and trash removal on properties located within the
city.

COMMITTEE RECOMMENDATION: None
                                                                     Planning Department




Memo
 To:       Honorable Mayor and City Commission
 From:     Mike Cameron, Acting Code Coordinator
 Date:     March 22, 2005
 Re:       Environmental mowing & trash contract bids



 The request for bids resulted in two submissions from area contractors to perform the services needed.
 The two bids for a two-year contract were as follows: Freelance Enterprises Inc., 1385 E. Keating,
 which is in Muskegon Township. Their bids were $33.00 per hour for small mowing and trimming,
 $39.00 per hour for tractor and brush hog mowers and $36.00 per hour for a trash pick-up crew. The
 other bidder is Greenscapes of West Michigan LLC, 181 N. Getty, Muskegon. They submitted bids for
 small mowing and trimming of $ 35.00 per hour, $41.00 per hour for tractor and brush hog mowers and
 $37.00 per hour for a trash pick-up crew. Attached are copies of the bidding sheets submitted which will
 also show the three-year bids.

Staffs recommendation is to accept the two-year bid with Freelance Enterprises as low bidder and not
a three-year bid for a number of reasons. The cost savings for a three year contract is minimal when
compared to the lowest two year bid and would have no savings impact on our mowing costs which is
a substantial portion of the contract. Beginning with last years season we began closely tracking the
hours and money spent on each individual Jot so benchmarks could be established for the Jots.
Unfortunately, last year was a very wet season causing the grass to grow rapidly and therefore more
time spent on each lot, additionally we ended up cutting some of the Jots more frequently. If we
committed to a two-year contract this would allow us time to continue to gather data that would better
reftect the normal summer season. With this data, we could get a better average of time and funds
spent on maintenance of the lots. Our use of this data would be to re-evaluate the way we are bidding
the upkeep of the lots and try to find a better method or Jess costly one. If one were found, it would be
to our advantage to be in a shorter-term agreement with our contractor.

The equipment list of Freelance Enterprises Inc. currently has all the needed equipment to perform the
needed tasks. The Equipment list of Greenscapes of West Michigan LLC indicates that they have the
required tractors and mowing decks, an adequate number of small mowers and trimmers. The Jist also
indicates they have trucks and trailers of a larger size than our minimum requirements which could
make it difficult to negotiate the tight alleys and places we commonly send our trash crews.
Greenscapes did not indicate any camera equipment in their bids as requested.




• Page 1
Freelance Enterprises Inc. Bid sheets:




                                                  Schedule 1 of Agreement

                                          CONTRACT PRICE PROPOSAL


  ThiS.'b~~~~salis based on  ~~n-hou~ly rate of two (2) person teams.' The amount of time that is necessary
  tbr-the completion of a lot wiJI be agreed upon between the Contractor and the City's Representative.


                                                               2-Year Bid            3-Year Bid

  1.      Pick up w/operator and large trailer.~­
          minimum I 0 cubic yd. capacity

  2.     Tractor w/opcrator and brush hogs
         5' mowing bed

  3.     Lawn mower and trimmer for lots
         and Operator

  4.     Helping Labor, consisting of2 persons

                                             EQUIPMENT LIST




 TRACTOR                                  r Leased             Name of Lessor       Name of Vendor
 Year/Make/Model

  1.    _'Nl<\~    cJO 7'10                )f;...,.Nt ).col!
 2.    JAoc! I     Jl? 796                   f(JR.vv(; )cvj
                                              I
 J.    '&35 l'~~'j {.e64W        _
 4. __l(jt>J?J !NrJ6    - S-f2e=v!'-'-JO>--t#--~----'--'--
 MOWER                    Date Owned or Leased                 Name of Lessor       Name of Vendor
 Year/Make/Model


 1.      H-~~='v=o~~ae=4=b~a=0~----------
 2. _ _ _ _ _.

 3. _________________________________________________

 4. - - - - - - - - - - -
       'mUCK          · ·.           Date Owned or Leased                       Name of Lessor   Name of Vendor
      W/LARGE ·fltAILER
      Ycar/Make/Model



      ~: ______________________________________________
      ).
                ~j~I.Lij,@,~~i~L!l!CJ~~L..W~~=!/!'.!.._.j~~:!~cc--------
           ________(J§_!L;_
                                                                    ___
      4. ___________________________________________________


      SMALL MOWERS                  Date Owned or Leased                        Name of Lessor   Name of Vendor
      Type/Size

      L      I ;h.
             i
      2. ______________________________________________________

     }.    ___________________________________________________
     4--------------------------------------------------~-

     POWER                          Date Owned or Leased                        Name of Lessor   Name of Vendor
     TRIMMERS
     Type/How Many?
                                       6
      L          {           0;JobJ     (

     2.    --'f~-lfl"'~-'o:;JLIIIIruG""''LlLifJ..._
                                                ..; ____________________
     3. ____________________________________________________

     4,


     CAMERA                         Date Owned or Leased                        Name of Lessor   Name of Vendor
     Type/How Many?



     2.
     }.    __________________________________________
     4.




     0:\Pianning\COMMON\Envlronmen!a!\2005 bids_noUces\2005 Conlract.doc
                                                                           11

• Page3
Greenscapes of West Michigan LLC Bid sheets:




                                                              Schedule 1 of Agreement

                                                     CONTRACT PJUCE PROPOSAL


 This proposal is based on an hourly rate of two (2) person teams. The amount of time that is necessary
 for the completion of a lot will be agreed upon between the Contractor and the City's Representative.


                                                                                  2-Year Bid       3-Year Bid

 I.        Pick up w/opcrator and large trai1cr~-
           minimum 10 cubic yd. capacily                                           :3 7411>
 2.        Tractor w/operator and brush hogs
           5' mowing bed                                                           q,~

 3.        Lawn mower and trimmer for lots



                                                                                  --
                                                                                  ,3.\¢:

                                                                                                   -
           and Operator

 4.        Helping Labor, consisting of2 persons

                                                          EQUIPMENT LIST

 List all of the equipment that you own or have access to for this contract.

 TRACTOR                          Date Owned or Leased                            Name of Lessor   Name of Vendor
 Year/Make/Model

 1. •      K~~Lboftr              Vkp _____!~ii-"-'t--'-'A,_,6«=·,(__             5/t JeJ-.
                                                                                         r
                                                                                  I
 2.   K"-bo\1'1-         ~~h~~~--~~~~~~~u~:~,,~"rL___,__, ___
                                                            ''-------------------
 3.~_2m~I·~P---+~~rY~J~~---'-'--'-1----------------­
                                             fu         f)lec:d

 MOWER                            Date Owned or Leased                            Name of Lessor   Name of Vendor
 Ycor/Make/Model

 L~k.. --'"U'~----'-'"----'D.ll.i
          .2Q0.3 7J"              e.k                          I     i2irl•.t
 2. bmAfll<           ~ 19<)':\        5'/''                        (Otll M(,< 1.:,(

3. BoLm-1.           JOo(l            :v"




Q:,Piannir'IQ\COMMONIEnvlronmenta!\2005   bids~ nolices\2005 Conlr(l.Ctdoc

                                                                             10
    TRUCK .         Date Owned or Leased                                        Name of Lessor   Name of Vendor
    W/LARGE TRAILER
    Ycar/Make/Model

     I.   J!;tJ.J fOflJ         !"_:{,£()_     Ole<,../

    2.    Jooo      fC,?J      1"'1(50        !J\CSC j
    3.    J.ili?.!Llo,z,l 6/ill               Mes.-t
    4.    au_o"".&"'             2sm          Dl~

    SMALL MOWERS                    Date Owned or Leased                        Name of Lessor   Name of Vcndor
    Typc/Si>c

    !.     /JomPA p~•L ra~·ee z!''
    2.     IZA/Jlorn.,-J          3J.'        C.ii4/Jtbc::~i.&

    3. -------------------------------------------------------
    4.


    POWER                          Date Owned or Leased                         Name of Lessor   Name of Vendor
    TRIMMERS
    Type/How Many?

    !.     2   ecLo       54,>l(lj J;?f ~s__ ___________________

    2.    d    ./ru1MkA I'               1<

    3.        S\) b l                 II

    4. - - - - - - - ·


    CAMERA                         Date Owned or Leased                         Name of Lessor   Name of Vendor
    Type/How Many'!

    I.

    2. _____________________________________________________

    3.

    4. _________________________




    0:\P!anning\COMMON\Environmen!al\2005 bids_notices\2005 Contrac!.doc
                                                                           II



• Page5
                                                   CITY OF MUSKEGON
                                                 CONTRACT FOR SERVICES

           This Agreement is effective on this 29'". day of March, 2005, between City of Muskegon, a
           Michigan municipal corporation, of 933 TeiTace Street, Muskegon, Ml 49443 ("City"), and,
           Lindsay Ames, of Freelance Entemrises Inc. ("Contractor"), with reference to the following facts:

                                                              Background

           A.         City requested bid proposals for yard maintenance and trash clean up of City-owned,
                      State-owned and privately-owned properties located within the City limits of Muskegon,
                      as well as areas including but not limited to railroad and street right-of-ways and terraces.

           B.         Contractor submitted a bid proposal for the yard maintenance and trash clean up the City-
                      owned, State-owned and privately-owned properties located within the City limits of
                      Muskegon as listed above.


           Therefore, the parties agree as follows:

           I.         Inclusion of Additional Agreements. This Agreement includes, but may not be limited
                      to the following:

                      a.         Invitations to bid, instructions to bidders and the pre-bid conference with
                                 minutes;

                      b.         All descriptions of services not included in this Agreement but used in
                                 connection with the bidding process;

                      c.         The bid proposal and any requirement included with or attached to the bid
                                 documents and this Agreement; and

                      d.         Any specifications used in connection with this Agreement.

This Agreement, together with the documents described above, constitutes the Agreement between the
parties and shall be considered as part of the Agreement as if attached or repeated herein.

In the event that there are inconsistencies within the Agreement, the Contractor shall immediately notify
the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.

           2.        Services. Contractor shall provide the following services, under the direction and
                     supervision of the City Planning Department, relating to yard maintenance and trash
                     clean up of the above listed prope11ies. Contractor shall perform the services set fm1h in
                     this contract in a timely, workman-like manner.

                     a.         Mowing. Contractor shall mow all grass, weeds and brush including
                                mowing around all obstacles, up to three inches (3") in diameter, leaving no
                                ridges of high or uncut grass.


\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids._notices\2005 Final Contract. doc
                                                                       1
                      b.        Trimming/Cutting/ Raking. Contractor shall trim all bushes and unsightly
                                branches, cut large tree limbs or logs, rake and remove heavy concentrations of
                                yard clippings, small debris and fallen leaves and/or branches. Contractor shall
                                also sweep or blow sidewalk and/or driveways clean of debris.

                     c.         Garbage, debris and waste removal. Contractor shall pick up and remove all
                                garbage, debris, trash and waste materials, including but not limited to cans,
                                bottles, loose papers, dead tree limbs, grass and bush clippings,
                                abandoned/broken/unused household appliances, fumiture, and other like items.
                     d.         Disposal.

                                1.         Contractor shall handle and dispose of Freon according to the applicable
                                           State and Federal mandates.
                                11.        Contractor shall ensure the separation and individual disposal of garbage
                                           and lawn debris.
                                111.       All garbage, debris, trash, waste materials, grass, weeds, brush,
                                           appliances, fumiture and other items removed from each site shall be
                                           transported by the Contractor for disposal to a location predetermined by
                                           City.

                     e.         Photographs. Contractor shall photograph each job site prior to and after
                                completion. The photographs will indicate each job site address and/or location
                                to ensure proper identification of the location and/or property. The photographs
                                shall also indicate the date the picture was taken. All film and processing costs
                                associated with this service shall be the sole responsibility of the Contractor.

                     f.         Record Keeping. Contractor agrees to keep proper records of all work
                                perfom1ed on behalf of City.

                     g.         Other. Contractor may be required to perfon11 other related work as deemed
                                necessary by the City Planning Department.

          3.         Equipment. Contractor shall fumish or supply all the equipment and labor necessary to
                     carry out its obligations under this Agreement. The equipment and labor includes but is
                     not limited to: general labor, technical personnel, machinery, tools, transportation, fuel,
                     and all other such materials. All equipment must meet the safety standards as required
                     by MlOSHA.

                     a.        Inspection. City or its designated agents shall inspect for safety, appearance and
                               sanitation, all equipment used by Contractor to carry out its obligations under this
                               Agreement. All vehicles used in the transport of garbage, trash and other waste
                               must be police safety inspected. City may refuse Contractor the right to utilize
                               any equipment that is deemed to be unsafe, unsanitary or of an unsightly
                               appearance based on that inspection. In that event, Contractor shall repair,
                               replace or restore the equipment to a suitable condition as soon as reasonably
                               possible.


                     b.        Required Equipment.




\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                      2
                                1.         Two (2) trucks.
                                11.        Two (2) truck trailers. Minimum size: 10 yards with a 4,000 lb.
                                           capacity.
                                111.       Four (4) tractors. Must have a brush hog type mower or flail type mower
                                           with a mower deck of a minimum five feet (5') diameter.
                                IV.        Power trimmers.
                                v.        Chain saws.
                                VI.       Lawn mowers.
                                VII.      Hand Tools, including rakes, brooms, shovels, pitch forks, and other
                                          tools as deemed appropriate for the job site.
                                viii.     Lawn edger blowers. One per team or work crew.
                                IX.       Digital Cameras. Minimum 3 megapixel resolution with automatic
                                          dating capacity.
                                x.        CD-R compact discs for the transfer of digital images.
                                XI.       Personal computer with ability to record photo images to CD-R compact
                                          discs.

                     c.         Method of Transport. Contractor agrees to haul tractors, mowers and other
                                equipment to the job location, unless otherwise approved by City.

           4.        Expenses. Contractor shall be responsible to pay for all expenses incurred by Contractor
                     related to the performance of its duties under this Agreement and for all compensation
                     owed to its workers and/or subcontractors.

           5.        Contract Price. City agrees to pay Contractor, in full consideration for the complete
                     perfom1ance of Contractor's obligations under this A!,'feement, the amount set forth in
                     the Contractor's bid proposal and documents described in paragraph 1.

           6.        Assignments. Work assignments are detem1ined on an as needed basis.

           7.        Contractor Work Crew.

                     a.        Number. Each work crew shall consist of two (2) persons per assignment,
                               unless otherwise approved by the City. City reserves the right to limit the size of
                               work crews at any time.

                     b.        City Representatives. City may assign one or more persons to the job site as its
                               Representative(s). The City Representative(s) may supervise work crews in their
                               perfom1ance at the job site, and may instruct the work crews as to what tasks
                               must be perfonned.

          8.         Schedule.

                     a.        Work schedules shall be completed by City on a daily or as needed basis.

                     b.        Provisions shall be made, at Contractor's expense, for contacting the
                               Contractor on short notice or in an emergency situation by any the following
                               methods:

                                1.       Telephone;
                               n.        Cellular Telephone; or


\\Muskdata\Oata\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final   Contractdoc
                                                                     3
                               111.        Beeper.




           9.        Work Orders.

                     a.         Distribution. Work orders will be distributed to the Contractor at a location
                                designated by the City.

                     b.         Completion. All jobs listed in a work order must be completed within five (5)
                                working days following receipt of the work order by Contractor. Time
                                extensions may be pennitted for inclement weather and similar restricting
                                circumstances, as determined by the City. All completed work orders shall be
                                returned to the City by 8:00a.m. the following work day after the work is
                                completed.

           10.       Payment.

                     a.         Form.

                                1.        Requests for payment shall be submitted on a form prepared and
                                          approved by the City;
                                11.       Requests shall include a list of job numbers with the corresponding cost
                                          of each job;
                                111.      Requests shall be on a per-quarter hour basis; total time per job to be
                                          agreed to by the Contractor and City Representative.
                               1v.        Requests for work completed that were not perfonncd in compliance
                                          with subsection 9(b) may not be compensated.
                                v.        Inadvertent payment made to the Contractor for work not perfonned in
                                          compliance with the tenns of this contract, or for any other reason, will
                                          be deducted by the City from subsequent payments.

                     b.         Frequency. Requests for payment shall be made monthly and payment will be
                                made on the second and fourth Friday of each month.

                     c.         Travel Time. Travel time shall be charged by Contractor as follows:

                                1.        Time may be charged for travel from a completed job site to another job
                                          site. Travel time shall be shown on a voucher completed for the
                                          destination site.
                                n.        Time may be charged for travel to and from a disposal site with a full
                                          load of garbage, trash, waste and other items. Travel time shall be
                                          indicated on a dump voucher or slip.
                                111.      Travel time shall only be compensated for direct and logical routes.
                               1v.        All vouchers, bills, slips and pictures pe11aining to a work order or a job
                                          site shall be submitted to the City at the same time.
                               v.         Requests for payment that are submitted without the proper
                                          documentation, including but not limited to vouchers, bills, slips and
                                          pictures will not be accepted until such time all such items are submitted.




\\Muskdata\Data\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                      4
           II.        Specific Reservations.

                      a.         City reserves the right to have Contractor bag or remove debris and/or trash from
                                 the property and place the same on the terrace at the property for removal by the
                                 City refuse contractor.

                      b.         City reserves the 1ight to have the City refuse contractor clean up the debris
                                 and/or trash left on the terrace at a work site prope11y on an as needed basis.

                      c.        City reserves the right to use volunteers, court ordered public service workers
                                and/or prisoners in lieu of Contractor's services for any work indicated
                                throughout this Agreement.

           12.        Terms and Termination.

                      a.        This Agreement shall be effective on March 29'", 2005, and shall remain in full
                                force and effect until March 29'", 2001, with an annual extension option through
                                _____
                                March 29'" , 2008.

                      b.        This Agreement may be tem1inated by either party, without cause, upon thirty
                                (30) days' written notice to the other party.

           13.        Commencement and Damages.

                     a.         Commencement. Contractor shall co111111ence work no later than the time set
                                forth in the Agreement.

                     b.         Damages. In the event that Contractor fails to co111111ence performance at the
                                specified time and is in default of the Agreement, Contractor shall pay to the City
                                the sum of $200 for each and every calendar day that the Contractor is in default.
                                The amount of damages shall not be construed as a penalty, but to ensure the
                                City's ability to provide substituted services and costs associated with that
                                default. Damages shall be detennined by the City after investigation by the City.
                                Damages shall be deducted from payment.

                     c.         Violations. Following Contractor's commencement ofperfonnance of this
                                Agreement, City shall notify Contractor of each violation of the Agreement
                                rep011ed to City. It shall be the duty of Contractor to remedy the cause of the
                                complaint. Failure of Contractor to take remedial measures shall be considered a
                                breach of the Agreement, and for the purpose of computing damages under the
                                provisions of this section, it is agreed that City may deduct trom payments due or
                                to become due to Contractor the City's cost to remedy or substitute perfom1ance.

Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive, scheduled,
working days, or failure for a similar period, to perfom1 in the manner required, and provided such failure
is not a result of war, insurrection, riots, or acts of God, the City may, at its option and after written notice
to Contractor, utilize any or all of Contractor's equipment used in perfonnancc of this Agreement until
such time the matter is resolved and the Contractor is perfom1ing under the tem1s of the Agreement.

Any and all expenses incurred by City during such time may be deducted from payments due or to
become due to Contractor.



\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids~notices\2005 Final Contract. doc
                                                                      5
 Should Contractor be unable to resume performance at the close of ten (1 0) calendar days, all liability of
 the City under this Agreement shall cease and City shall be free to negotiate with other contractors for the
 perfonnance of work. Any contract thereby entered into with another contractor shall not release
 Contractor from liability to City for breach of this Agreement.

                      d.        Appeal. The City's detennination shall be final and binding on both parties,
                                unless appealed, in writing to the City Manager or his designee within ten ( 10)
                                working days after notice. The City Manager or his designee shall grant
                                Contractor an infom1al hearing upon such request. The decision of the City
                                Manager shall be final and binding.

                     e.         Waiver. City may waive all or any portion of damages without prejudicing its
                                rights under this Agreement.


           14.       Insurance and Indemnity.

                     a.        Hold Harmless Agreements. To the fullest extent pennitted by law, Contractor
                               agrees to defend, pay in behalf ot; indemnify, and hold hannless the City, its
                               elected and appointed officials, employees, volunteers, and others working on
                               behalf of the City against any and all claims, demands, suits, or losses, including
                               all costs cmmected therewith, and for any damages which may be asserted,
                               claimed or recovered against or from the City, its elected and appointed officials,
                               employees, volunteers, or others working on behalf of the City, arising out of or
                               is any way connected or associated with this contract. The obligation to defend
                               and hold hannless extends to City's employees, agents, subcontractors, assigns
                               and successors.

                     b.        City Insurance Requirement. Contractor shall not commence work under this
                               contract until obtaining the insurance required under this paragraph. All
                               coverages shall be with insurance companies licensed and admitted to do
                               business in the State of Michigan and Best Rated A VIII. All coverage shall be
                               with insurance carriers acceptable to City.

                     c.        Workers' Compensation Insurance. Contractor shall procure and maintain
                               during the life of this contract, Workers' Compensation Insurance, including
                               Employers Liability Coverage, in accordance with all applicable Statutes of the
                               State of Michigan.

                     d.        Vehicle Liability Insurance. Contractor shall procure and maintain during the
                               life of this contract, Vehicle Liability Insurance, in accordance with all applicable
                               Statutes of the State of Michigan.

                     e.        Commercial General Liability Insurance. Contractor shall procure and
                               maintain during the life of this contract, Commercial General Liability Insurance
                               on an "Occurrence Basis" with limits of liability not less than $1 ,000,000 per
                               occurrence and/or aggregate combined single limit, Personal Injury, Bodily
                               Injury and Property Damage. Coverage shall include the following extensions:
                               (A) Contractual Liability; (B) Products and Completed Operations; (C)
                               Independent Contractors Coverage; (D) Broad Fonn General Liability Extensions


\\Muskdata\Oata\Pianning\COMMON\Environmenta!\2005 bids_notices\2005 Final Contractdoc
                                                                     6
                                or equivalent; (E) Deletion of all Explosion, Collapse and Underground (SCU)
                                exclusions, if applicable.

                      f.        Additional Insured. Commercial General Liability Insurance, as described
                                above, shall include an endorsement stating the following shall be "Additional
                                Insureds": The City, all elected and appointed officials, all employees and
                                volunteers, all boards, commissions and/or authorities and board members,
                                including employees and volunteers thereof. The endorsement adding the City as
                                additional insured shall read exactly as follows: "The City of Muskegon~
                                hereby added as an additional insured ... "

                     g.         Cancellation Notice. Workers' Compensation Insurance and Commercial
                                General Liability Insurance, as described above, shall include an endorsement
                                stating the following: "It is understood and agreed that Thirty (30) days'
                                Advance Written Notice of Cancellation, Non-Renewal, Reduction and/or
                                Material Change shall be sent to: CITY OF MUSKEGON PLANNING
                                DEPARTMENT.

                     h.         Proof of Insurance Coverage. Contractor shall provide the City at the time the
                                contracts are returned for execution, certificates and policies endorsing the City
                                as additional insured as listed below:

                                1.        Two (2) copies of Certificate of Insurance for Workers' Compensation
                                          Insurance, if applicable;

                                ii.       Two (2) copies of Certificate of Insurance for Commercial General
                                          Liability Insurance; and

                                iii.      If so requested, Certified Copies of all policies mentioned above will be
                                          furnished.

                     1.         If any of the above coverages expire during the tenn of this contract, Contractor
                                shall deliver renewal certificates and/or policies to City at least ten (I 0) days
                                prior to the expiration date.

           15.       Income Tax Withholding. Contractor shall withhold income taxes from each employee
                     who is subject to such withholding, and pay such tax in accordance with the City of
                     Muskegon Income Tax Ordinance and all applicable laws associated with that ordinance.
                     Contractor shall require the same from each subcontractor, consultant or vendor used in
                     the perfonnance of his duties and obligations in this Agreement. City reserves the 1ight
                     to withhold payments otherwise due to Contractor to assure compliance with this
                     Agreement or to cure such noncompliance.




          16.        General Provisions.

                     a.        Notices. Any notice that either party may give or is required to give under this
                               Agreement shall be in writing, and, if mailed, shall be effective on the day it is
                               delivered to the other party at the other party's address set forth in this Agreement


\\Muskdata\Data\Pianning\COMMON\Environmental\2005 bids_notices\2005 Final Contract.doc
                                                                     7
                                or at any other address that the other party provides in writing. Notices given in
                                person are effective on the day they are given.

                     b.         Governing Law. This Agreement is executed in accordance with, shall be
                                governed by, and constmed and interpreted in accordance with, the laws of the
                                State of Michigan.

                     c.         Assignment or Delegation. Neither party shall assign all nor any portion of its
                                rights and obligations contained in this Agreement without the express prior
                                written approval of the other party, which approval may be withheld in the other
                                party's sole discretion.

                     d.         Entire Agreement. This Agreement shall constitute the entire agreement, and
                                shall supersede any other Agreements, written or oral, that may have been made
                                or entered into, by, and between the parties with respect to the subject matter of
                                this Agreement, and shall not be modified or amended except in a subsequent
                                writing signed by the party against whom enforcement is sought.

                     e.         Binding Effect. This Agreement shall be binding upon, and inure to the benefit
                                of, and be enforceable by, the parties and their respective legal representatives,
                                permitted successors, and assigns.

                     f.         Non-Waiver. No waiver by any party of any provision of this Agreement shall
                                constitute a waiver by such party of such provision on any other occasion or a
                                waiver by such pmty of any other provision of this Agreement.

                     g.         Severability. Should any one or more of the provisions of this Agreement be
                                determined to be invalid, unlawful, or unenforceable in any respect, the validity,
                                legality, and enforceability of the remaining provisions of this Agreement shall
                                not in any way be impaired or affected.

                     h.         Venue. The parties agree that, for purposes of any dispute in connection with
                                this Agreement, the Muskegon County Circuit Court shall have exclusive
                                personal and subject matter jurisdiction and venue.

                     1.         Survival. All representations, warranties, and covenants in this Agreement shall
                                survive the signing of this Agreement.




\\Muskdata\Data\P!anning\COMMON\Environmental\2005 bids_notices\2005 Final Conlract.doc
                                                                     8
 City and Contractor have executed this Agreement on the date written next to their signatures to be
 effective according to the term(s) stated in this document.


                                                                 City-

           Date:     .3- 3/          , 200 .s-




                                                                 And:         ~;LQC ~.:v
                                                                          Gail A. Kundinger, MMC
                                                                          City Clerk



                                                                 contra.ct1Jn .                  d)
           Date:    1· ~5            , 20Q.5                     By:          ~h( L!1fch

                                                                                           o_ .~_-:._1~- ·- - - - - - -
                                                                 Jts:_.L._H.._'f!;;....cs_:;




\\Muskdata\Data\Pianning\COMMON\EnvJronmental\2005 bids_notices\2005 Final Contract. doc
                                                                        9
                             AGENDA ITEM NO. _ _ _ __

                  CITY COMMISSION MEETING _ _ _ _ _ __



TO:            Honorable Mayor and City Commission


FROM:          Department of Public Works


DATE:          March 22,2005


SUBJECT:       Contract Extension Agreement-! year Street Sweeping Contract for 2005


SUMMARY OF REQUEST:
To enter into 1 year contractual agreement with TRI-US SERVICES, INC. to provide street
sweeping services for 2005.


FINANCIAL IMPACT:
$137,866.40 cost for 1 year contract. Funds to cover all expenses are budgeted. Trunkline
expenses are reimbursed by State funding.


BUDGET ACTION REQUIRED:
None; monies appropriated in Highway and State trunkline budgets


STAFF RECOMMENDATION:
Approve request to contract out service for !-year extension as specified in previous contract.
Memorandum
To:     Honorable Mayor and City Commission
From:   DPW Staff
Date:   3/17/2005
Re:     Street Sweeping-2005 Contract Extension




The Department of Public Works is requesting permission to exercise its contractual
option to enter into 1-year contractual extension agreement with TRI-US
SERVICES, INC, to provide street sweeping services for 2005, (as provided for in
our 2002-2004 contract proposal).

TRI-US SERVICES, INC. has proposed to extend the street sweeping contract for
2005, at an additional cost of$24,204.16 to the City of Muskegon ($113,662.24
verses $137.866.40), based on the following criteria:

1. Staff has increased sweeping mileage by approximately 2 miles due to the
   construction of additional streets
2. Staff has eliminated two dump areas leaving only one location for the temporary
   storage of street sweeping. This was necessary because of environmental
   concerns. The elimination of the two storage sites leaves only one available
   location and therefore adds increased travel time for each sweeper.
3. Additional fuel costs.

These first two increases have added more that 3 00 hours of additional billing costs
to contractor that were not in anticipated in previous contracts. These changes were
necessitated and were added by staff throughout the previous 2002-2004 contract.

TRI-US SERVICES, INC is also offering the following, during the proposed 2005
contract extension:

1. Lowering per hour sweeping charges from $90.00 per hour for State roadway
   sweeping to $70.00 per hour.
2. Lowering local and major roadway per hour sweeping charges from $73.00 to
   $70.00 per hour.
3. Lowering special sweeps from $1 00.00 per hour to $73.00 per hour.



                                                                                        1
                                                                         March 17, 2005

TRI-US SERVICES, INC has provided a number of special sweepings, at our
request over years, sometimes at no charge to the City of Muskegon. They also have
provided our residents with excellent customer service and have met staffs'
changing requests, throughout previous contracts, time and again.




                                                                                     2
APRIL 1, 2005


Robert L. Simons
Tri-Us Services
78 Ball Creek NW PO Box 123
Kent City, Michigan 49330

Dear Mr. Simons:

I am pleased to notify you that our City Commission has accepted your offer
to extend the 2002-2004 street sweeping contract for the year 2005. The action
was formally adopted on March 22, 2005, commission action number 2005-31 (B).

Enclosed you will find three copies of an Agreement covering this extension and three
copies of Quotation Request (blue form) required by the State of Michigan for trunkline
work. On the Agreement forms, please provide information requested and necessary
signatures. The blue forms require your signature next to the penciled "X". Return all
forms along with the required performance/labor and materials bonds, sureties, and all
insurance certification documentation that is required. One copy with city
representative's signatures will be returned to you.

Additionally, you have requested a special payment schedule as provided for in the
attached Agreement. Upon execution of said payment agreement, contact our Finance
Director, Tim Paul (231) 724-6709, to make the necessary arrangements.

Do not hesitate to call me at (231) 724-6993 with questions or concerns.

Sincerely,



Doug Sayles
Public Works Superintendent

Enc.
APRIL 4, 2005


Robert L. Simons
Tri-Us Services
78 Ball Creek NW PO Box 123
Kent City, Michigan 49330

Dear Mr. Simons:

Per your request, I have proposed a 12 month payment schedule, for the 2005 street
sweeping contract, with our Finance Director. Upon signed extension agreement,
contact should be made with Tim Paul (231) 724-6709 for monthly payment set-up.

The 2005 street sweeping extension contract has been approved by our Commission
at a cost of $137,866.40 for 4 scheduled sweeps, as outlined by the previous 2002-
2004 contract. Under the existing 2002-2004 agreement TRI-US Services would bill
the City of Muskegon after each sweep an amount equal toY. ($28,415.56)of the total
yearly contract cost($113,662.24).

Under the proposed 12 month payment plan, the City of Muskegon Finance
Department will schedule payment with you, which is equal to 1/12 (approximately
$11 ,488.87) of the total yearly cost ($137,866.40). This payment program will start
from the beginning of the contract, as stipulated by the Finance Director.

Monthly invoices should be sent to the DPW stating hours worked and status of each
sweep. If special sweeping requests are required then these will be invoiced
separately as well.


Do not hesitate to call me at (231) 724-6993 with questions or concerns.

Sincerely,



Doug Sayles
Public Works Superintendent
                                             AGREEMENT

THIS AGREEMENT, made this _ _ _4_t___h_ _ _ _day of             April      . 2005, by

And between:          Tri-Us Services, Inc.
{a corporation organized and existing under the laws of the state of _ _ _ _ _ ___.

or [a partnership consisting of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___,

or{an individual trading as _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __.

hereinafter called the "Contractor", and the CITY OF MUSKEGON, MICHIGAN:

WITNESSETH, that the Contractor and the City of Muskegon, for the consideration stated herein,
mutually agree as follows:

ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical
personnel, labor, materials, machinery, tools, equipment, and services, including utility and
transportation services, and perform and complete all work required for the construction of the
improvements embraced in this Contract, NAMELY: "2005 Street Sweeping"
                                                       *Extens1on of 2002, 2003, 2004 Contract
and required supplemental work for the completion of this Project, all in strict accordance with
the Contract, including all Addenda.

ARTICLE 2. The Contract Price. The City of Muskegon will pay the Contractor for the.
performance of this Contract and the completion of the work covered therein an amount in
currentfundsnottoexceed $ 137,866.40              . Excluding special requests.

Article 3. Contract. The executed contract shall consist of, but not be limited to, the following:

a.     Invitation for Bids                              Section II- Equal Opp & Employment
b.     Part1:                                                         Specifications
       Section I - Instructions to Bidders              Section Ill - Adopted Labor Stnds.
       Section II- Bid Proposal                         Section IV- Prevailing Wage
c.     Part 2- Agreement                                              Decision
d.     Part 3:                                   e.     Part 4- Technical Specifications
       Section I - General Specifications        f.     Part 5- Special Specifications
                 for Project Performance         g.     Construction and/or Engineering Plans

This Agreement, together with other documents enumerated in this Article 3, which said other
documents are as fully a part of the Contract as if attached hereto or repeated herein, form the
Contract between the parties hereto.

In the event any provision in any component part of this Contract conflicts with any provision of
any other component part, the Contractor shall contact the City immediately in writing for a
determination, interpretation and/or clarification of conflicting parts and priority of same. Said
determination from the City shall be in writing and shall become an Addendum to this Contract



                                                -18-
AGREEMENT (continued)                    Page2


IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in

          3         original counterparts on the day and year first written above.


ATTEST:



                                                          Robert L. Simons, President
                                                        printed name and title

ATTEST:


                                                                                     Mayor




              (SEAL)


CERTIFICATION (if applicable)

1,     Robert L. Simons               , certify that 1am the _ _P_re_s_i_d_en_t_ _ _ _ __
of the Corporation named as the Contractor herein;

That _ _R_ob_e_r_t_L_._S_i_mo_n_s_____ , who signed this Agreement on behalf of the


Contractor, was then _ _ _ _ _P_re_s_i_d_en_t_ _ _ _ _ _ of said Corporation;

That said Agreement was duly signed for and in behalf of said Corporation by authority of
its governing body, and is within the scope of its corporate powers.




              (CORPORATE SEAL)                    Robert L. Simons, President
                                                 printed name and title

                                           -19-
                                PERFORMANCE BOND


KNOW ALL MEN BY THESE PREENTS, that we, _ _ _ _ _ _ __


as Principal, and
--~------~~~~~~----~----~~~----~----~-------'
as Surety, are held and firmly bound unto the City of Muskegon, its certain
attorney, successors or assigns (hereinafter called the Obligee) , in the full and
justsumof ________________~~~------~--~~------------------
dollars ($                       ) lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns, jointly and severally, firmly
by these presents:

WHEREAS, said Principal has entered into a certain contract with Obligee,

dated ------------------' 20_ _, (hereinafter called the Contract)
for: ___________________________________________________________

and the specifications for said work shall be deemed a part hereof as fully
as if set out herein:
NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION ARE SUCH THAT:

(a)   If the Principal shall faithfully perform the Contract on his/her part, as of
      the time and in the manner therein provided; shall satisfy all claims and
      demands incurred in or for the same, or growing out of the same, or for
      injury or damages to persons or property in the performance thereof; shall
      fully indemnify and save harmless said Obligee from any and all cost and
      damage which the Obligee may suffer by reason of the Principal's failure to
      do so; and shall fully reimburse and par the Obligee any and all outlay and
      expense which it may occur by reason of such default; and

(b)   If, after completion and acceptance of the work by the Obligee, the
      Principal shall promptly remedy any defects in the work due to faulty
      materials or workmanship which shall appear within the period of one year
      from the date of completion and final acceptance of the work, and pay for
      any damage to said Obligee, to the State of Michigan, or to any municipal
      subdivision or local authority thereof to which the rights and privileges of
      said Obligee have passed or been assigned,

then this obligation shall be null and void; otherwise it shall remain in full force
and virtue.

The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract to the work to
be performed thereunder, or to the specifications accompanying the same, shall
in any wise affect its obligations on this Bond; and it does thereby waive notice of
any such change, extension of time, alteration or addition to the terms of the
Contract, or to the work or specifications.

                                         -20-
It is hereby further stipulated and agreed that, if the Principal is a non-Michigan
Corporation, neither the Principal nor the Surety shall be discharged from liability on this
Bond, nor the bond surrendered, until such Principal files with the Obligee a certificate
from the Michigan Department of Revenue evidencing the payment in full of all taxes,
penalties and/or interest, and a certificate from the Unemployment Compensation
Commission evidencing the paymanet of all unemployment compensation contributions,
penalties and/or interest, due the State of Michigan from said Principal, or any non-
Michigan corporation, subcontractor thereunder, or for which liability has accrued but
the time for payment has not arrived.

SIGNED, SEALED AND DELIVERED IN _ _ _ _ _ORIGINAL COUNTERPARTS

THIS _ _ _ _ _,DAY OF _ _ _ _ ___, 20 _ ______,


Individual Principals Sign Here:                        In the Presence of:
_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)

_ _ _ _ _ _ _ _ _ _ _ _ (SEAL)

_ _ _ _ _ _ _ _ _ _ _ _ _ (SEAL)


Corporate Principals Sign Here:                         Attest:




Surety Sign Here:                                       Attest:




(Printed Name and Title)


The rate of premium charge is $_ _ _ _ _ _ _ _ _ _ _ _ _ _ per thoursand.

The total amount of premium charged is$-::--:::,-----:--:::---:-;----------
                        (to be filled in by the Corporate Surety).




                                           -21 -
                        LABOR AND MATERIALMEN'S BOND


KNOW ALL MEN BY THESE PRESENTS, that we,                 Tri -Us Services      Inc.


as Principal, and
                      Auto-Owners Insurance Company
as Surety, are held and finnly bound unto the City of Muskegon, its certain
attorney, successors or assigns (hereinafter called the Obligee) in the penal
sum of One hundred thirty-seven thousand eight hundred sixty-six
  & 40/100    dollars($ 137,866. 40      ) lawful money of the United States, for
the payment of which sum well and truly to be made, we bind ourselves, our
heirs, personal representatives, successors and assigns, jointly and severally,
firmly by these presents:

WHEREAS, said Principal has entered into a certain contract with said
Obligee, dated        April 4th              , 20..Q.§_. (hereinafter called the Contract)
for: Street sweeping in 2005, a contract extension of the 2002
     2003, 2004 contract.
and the specifications for said work shall be deemed a part hereof as fully as if
set out herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if said
Principal, all subcontractors to whom any portion of the work provided for in
said Contract is sublet, and all assignees of said Principal and of such
subcontractors, shall promptly make payment for all material furnished, labor
supplied or performed, rental for equipment employed and services rendered by
public utilities in or in connection with the prosecution of the work, whether or
not said material, labor, equipment or services entered into become component
parts of the work or improvement contemplated in said Contract, in any
amendment, extension of, or addition to said Contract, then the above obligation
shall be void; otherwise, it shall remain in full force and effect; PROVIDED,
HOWEVER, that this Bond is subject to the following conditions and limitations:

(a)    All persons who have performed labor, rendered services or furnished
       materials or equipment, shall have a direct right of action against the
       Principal and Surety on this Bond, which right of action shall be asserted
       in proceedings instituted in the State in which such labor was performed,
       services rendered or materials furnished (or where labor has been
       perfonned, servies rendered or materials furnished under said Contract in
       more than one state, then in any such states). Insofar as permitted by the
       laws of such State, such right of action shall be asserted in a proceeding
       instituted in the name of the Obligee to the use and benefit of the persons
       instituting such action and any or all other persons having claims
       hereunder; and any other person having a claim hereunder shall have the
       right to be made a party to such proceedings, but not later than one year
       after the complete performance of said Contract and final settlement
       thereof, and to have such claim adjudicated in such action and judgment
       rendered thereon; PROVIDED HOWEVER, that the Obligee shall not be
       liable for the payment of any costs or expenses of any such suit.

(b)    The Surety shall not be liable hereunder for any damages or
       compensation recoverable under any workmen's compensation or
       employer's liability statute.




                                          - 22-
(c)    In no event shall the Surety be liable for a greater sum than the penalty of
       this Bond, or subject to any suit, action or proceeding thereon, that is
       instituted later than one year after the complete performance of said
       Contract and final settlement thereof.

(d)    As used herein: The term "Person" refers to any individual, firm or
       corporation which has furnished materials, equipment or public utility
       services to be used on or incorporated in the work, or the prosecution
       thereof, provided for in said Contract or any amendment, extension of, or
       addition to said Contract; and/or to any person engaged in the
       prosecution of the work provided for in said Contract or any, extensions
       of, or addition to said Contract, who is an agent, servant or employee of
       the Principal or of any subcontractor, or any assignee of said Principal or
       any subcontractor; and also anyone so engaged who performs the work
       of a laborer or mechanic, regardless of any contractual relationship
       between the Principal or any subcontractor, or any assignee of said
       Principal or subcontractor and such laborer or mechanic; BUT shall not
       include office employees not regularly stationed at the site of the work.

(e)    It is hereby further stipulated and agreed that, if the Principal is a non-
       Michigan corporation, neither the Principal nor the Surety shall be
       discharged from liability on this Bond, nor the Bond surrendered, until
       such Principal files with the Obligee a certificate from the Michigan
       Department of Revenue evidencing the payment in full of all taxes,
       penalties and/or interest due the State of Michigan from the Principal, or
       any non-Michigan corporation, subcontractor thereunder, or for which
       liability has accrued but the time for payment has not arrived.

The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract, to the work
to be performed thereunder, or to the specifications accompanying the same,
shall in any wise affect the obligations of this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms
of the Contract, the work thereunder, or the specifications.

SIGNED, SEALED AND DELIVERED IN_-"-3_ _ _0RIGINAL COUNTERPARTS

THIS _ _4t_h_ _ _ _DAYOF            April          , 20 05

In the Presence of:                         Individual Principals Sign Here:




                                            (Printed Name and Address)



                                            (Printed Name and Address)



                                            (Printed Name and Address)


                                       -23-
ATTEST:



                           Robert L. Simons, President
(Printed Name)           (Printed Name and Title)



                                      (SEAL)



                         Surety Sign Here:




(Printed Name)           (Printed Name and Title)




                 • 24.
      DIRECTIONS FOR PREPARATION OF PERFORMANCE AND LABOR AND
                         MATERIALMEN'S BONDS




1.      Individual sureties, partnerships, or corporations not in the surety
        business will not be acceptable.

2.      The name of the Principal shall be shown exactly as it appears in the
        Contract.

3.      The penal sum shall not be less than that required by the Specifications.

4.      If the Principals are partners, or joint venturers, each member shall
        execute the bond as an individual, with his/her place of residence shown.

5.     If the Principal is a corporation, the bond shall be executed under its
       corporate seal. If the corporation has no corporate seal, the fact shall be
       stated, in which case a scroll or adhesive seal shall be affixed following
       the corporate name.

6.     The official character and authority of the person(s) executing the bond
       for the Principal, if a corporation, shall be certified by the Secretary or
       Assistant Secretary thereof under the corporate seal; OR
       There may be attached copies of such corporation records as will
       evidence the official character and authority of the officer signing, duly
       certified by the Secretary or Assistant Secretary of the corporation, under
       the corporate seal, to be true copies.

7.      The current Power-of-Attorney of the person signing for the surety
        company must be attached to the bond.

8.      The date of the bond MUST NOT BE PRIOR TO THE DATE OF THE
        CONTRACT.

9.      The following information must be placed on the bond by the surety
        company:

              a.      The rate of premium in dollars per thousand; and
              b.      The total dollar amount of the premium charged.

10.     The signature of a witness shall appear in the appropriate place, attesting
        to the signature of each party to the bond.

11.     Type or print the name underneath EACH SIGNATURE appearing on the
        bond.

12.     An executed copy of the bond must be attached to each copy of the
        Contract (original counterpart) intended for signing.




                                        -25-
21.   INSURANCE AND INDEMNITY- continued

           b.    Contractor lnsur!Jnce Requirement.  Contractor and Subcontractors shall
                 not commence work under this contract until obtaining the insurance
                 required under this paragraph. All coverages shall be with insurance
                 companies licensed and admitted to do business in the State of Michigan
                 and Best Rated A VIII. All coverage shall be with insurance carriers
                 acceptable to CITY.

           c.    Workers' Compensation Insurance.         The Contractor and Subcontractor
                 shall procure and maintain during the life of this contract, Workers'
                 Compensation Insurance, including Employers Liability Coverage, in
                 accordance with all applicable Statutes of the State of Michigan.

           d.    Commercial General Liabilitv Insurance. The Contractor shall procure and
                 maintain during the life of this contract, commercial general Liability
                 Insurance on an "Occurrence Basis" with limits of liability not less than
                 $1,000,000 per occurrence and/or aggregate combined single limit. Personal
                 Injury, Bodily Injury and Property Damage coverages shall be included.
                 Coverage shall also include the following extensions:       (A) Contractual
                 Liability; (B) Products and Completed Operations;          (C) Independent
                 Contractors Coverage; (D) Broad Form Liability Extensions or equivalent;
                 (E) Deletion of all explosion, collapse and underground (SCU) exclusions, if
                 applicable. The said insurance shall cover liability caused by the activities
                 of any subcontractor.

           e.    Motor Vehicle Liability.    The Contractor shall procure and maintain during
                 the life of this contract Motor Vehicle Liability Insurance, including Michigan
                 No-Fault Coverages, with limits of liability for third party claims of not less
                 than $1,000,000 per occurrence or combined single limit Bodily Injury and
                 Property Damage. Coverage shall include all owned vehicles, all non-owned
                 vehicles and all hired vehicles. The said insurance shall cover liability
                 caused by the activities of any subcontractor.

           f.    Additional Insured.     Commercial General Liability and Motor Vehicle
                 Liability Insurance, as described above, shall include an endorsement
                 stating the following shall be "Additional Insureds" using the following
                 language: "The CITY and all elected and appointed officials, all employees
                 and volunteers, all boards, commissions and/or authorities and board
                 members, including employees and volunteers thereof are hereby added as
                 'Additional Insureds"'.

           g.    Cancellation Notice.      Workers' Compensation Insurance, Commercial
                 General Liability Insurance and Motor Vehicle Liability Insurance, as
                 described above, shall include an endorsement stating the following: "It is
                 understood and agreed that Thirty (30) days Advance Written Notice of
                 Cancellation, Non-Renewal, Reduction and/or Material Change shall be sent
                 to: CITY OF MUSKEGON ENGINEERING DEPARTMENT".
                                               34a
21.   INSURANCE AND INDEMNITY- continued

           h.    Owner's and Contractor's Protective Liability.            The Contractor shall
                 procure and maintain during the life of this contract Owner's and
                 Contractor's Protective Liability with limits of liability not less than
                 $1,000,000 per occurrence and/or aggregate, combined single limit.
                 Personal injury, Bodily injury and Property Damage coverages shall be
                 included. The CITY shall be "Named Insured" on this coverage. Thirty (30)
                 days notice of cancellation to the CITY shall be required. Said insurance
                 shall cover liability caused by the activities of any subcontractor(s) either by
                 means of a rider attached to the Prime Contractor's Certificate of Insurance
                 indicating this coverage for subcontractors; or the subcontractor(s) shall
                 submit their own Certificate of Insurance.

           i.    Proof of Insurance Coverage.       The Contractor and Subcontractors shall
                 provide the CITY at the time the contracts are returned by him for execution,
                 certificates and policies endorsing the City as additional insured as listed
                 below:

                        (1.)   Two (2) copies of Certificate of Insurance for Workers'
                               Compensation Insurance;

                        (2.)   Two (2) copies of Certificate of Insurance for Commercial
                               General Liability Insurance;

                        (3.)   Two (2) copies of Certificate of Insurance for Vehicle Liability
                               Insurance;

                        (4.)   Original Policy, or original Binder pending issuance of policy,
                               for Owner's and Contractor's Protective Liability Insurance;

                        (5.)   If so requested, Certified Copies of all policies mentioned
                               above will be furnished.

           j.    If any of the above coverages expire during the term of this contract, the
           Contractor and Subcontractors shall deliver renewal certificates and/or policies to
           CITY at least ten (1 0) days prior to the expiration date.

22.   MATERIALS AND WORKMANSHIP

           a.     Unless otherwise specifically provided for in the Technical or Special
           Specifications, all workmanship, equipment, materials and articles incorporated in
           the work shall be new and the best grade of the respective kinds for the purpose.
           Where equipment, materials, articles or workmanship are referred to as "equal to"
           any particular standard, the City will decide the question of equality.

           b.     The City of Muskegon may require the Contractor to dismiss from this
           Project such employee(s) as the City may deem incompetent, careless, and/or
           insubordinate.

                                            35
                         CONTRACTQR'3) CERTIFICATE AND RELEASE
                            and REQUEST FOR FINAL PAYMENT

FROM: ________________________________________                       (Name of Contractor)

TO: The City of Muskegon

RE: Contract No.

ENTERED INTO THE           DAY OF                         , 20__ , BETWEEN THE CITY
     OF MUSKEGON, 933 Terrace Street, Muskegon, Michigan 49443, AND

---------------------- of ____________________                ________ ,
     (Contractor)                    (City)                         (State)      (ZIP)

FOR THE            2005 Street Sweeping
 Terms as specified in previous 2002, 2003, 2004 Street Sweeping contract.
                             (Name of Operations to be Performed)

UNDER THE CONTRACT ENTITLED

PROJECT NO._ _ LOCATED IN THE CITY OF MUSKEGON, MICHIGAN;

KNOW ALL MEN BY THESE PRESENTS:

      1.    The undersigned hereby certifies that there is due from and payable by the CITY
            OF MUSKEGON to the CONTRACTOR under the Contract and duly approved
            Change Orders and modifications THE BALANCE OF $

      2.    The undersigned further certifies that in addition to the amount set forth in
            Paragraph 1, there are outstanding and unsettled the following items which the
            Contractor claims are just and due and owing by the City of Muskegon to the
            Contractor:

            a. ---------------------------------------------------
            b. __________________________________________________

            c.
                 --------------------------------------------
            d, ____________________________________________
                           (Itemize claims and amounts due; if none, so state)

      3.    The undersigned further certifies that all work required under this Contract,
            including work required under Change Orders Nos.                     , has been
            performed in accordance with the terms thereof, and that there are no unpaid
            claims for materials, supplies or equipment and no claims of laborers or
            mechanics for unpaid wages arising out of the performance of this Contract, and
            that the wage rates paid by the Contractor and all Subcontractors were in
            conformity with the Contract provisions relating to said wage rates.

      4.    Except for the amounts stated under Paragraphs 1 and 2 hereof, the undersigned
            has received from the CITY OF MUSKEGON all sums of money payable to the
            undersigned under or pursuant to the above-mentioned Contract or any
            modification or change thereof.
                                            -52-
(Contractor's Certificate and Release- Continued)

       5.     That in consideration of the payment of the amount stated in Paragraph 1
              hereof, the undersigned does hereby release the CITY OF MUSKEGON from
              any and all claims arising under or by virtue of this Contract, except the
              amount listed in Paragraph 2 hereof; provided, however, that if for any
              reason the City of Muskegon does not pay in full the amount stated in
              Paragraph 1 hereof, said deduction shall not affect the validity of this
              release, but the amount so deducted shall be automatically included under
              Paragraph 2 as an amount which the Contractor has not released but will
              release upon payment thereof.

              The Contractor further certifies that upon the payment of the amount listen
              in Paragraph 2 hereof, and of any amount which may be deducted from
              Paragraph 1 hereof, the Contractor will release the City of Muskegon from
              any and all claims of any nature whatsoever arising out of said Contract or
              modification thereof, and will execute such further releases or assurances
              as the City may request.


IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this __
_ _ _ _ _ day of                     20 _ __

                                           CONTR~CT :

       (SEAL)                              by
                                                  ti
                                                Ra=:?8;n~=~=£_~rz
                                                      ,
                                                                   -/=
                                                                   A         z   ~



                                                    (Printed name and title of signer)
                                                                                         ·




-----------,----:----=' the affiant signing this instrument, being first
duly sworn on oath, deposes and says: First, that he/she is the

_ _ _ _ _ _ _ _ _ _ _ _(title) of the - - - - - . , - - - - - - o - - - - - - -
                                                              (name of company)
Second, that he/she has read the foregoing certificate by him/her subscribed as _ _ __
_ _ _ _ _ _ _ (title) of t h e - - - - - - - - - - - '

Affiant further states that the matters and things stated are, to the best of his/her
knowledge and belief, true.

                                           Affiant:--------------
Subscribed and sworn to before me this ______ day of-------' 20 _ _ __



                                           Notary

                                           My commission e x p i r e s - - - - - - - - -



                                            -53-
                        CONTRACTOR AFFIDAVIT- SURETY RELEASE



State of Michigan )
                  )    ss
County of Muskegon          )


--------------------(Contractor)



Being duly sworn, deposes and says that he/she entered into a contract with the City of
Muskegon on the --:-:-:---_day of                 , 20_, for the construction of the City
of Muskegon Project No. _ _.

Deponent further says that the work under the terms of the said contract has been completed
and all indebtedness incurred by him/her to subcontractors, material suppliers, and persons in
his/her employ has been paid in full.

Deponent further says this affidavit is furnished before final payment, or before the ten percent
(10%) withheld in accordance with the contract may be reduced.

Deponent further says this affidavit is made pursuant to provisions of Public Act 179 of 1891,
section 4, as amended.


Witnesses:                               SIGNED




Subscribed and sworn to before me this _ _ _ _ _day of _ _ _ _ _ _ , 20


Notary Public

Commission expires_ _ _ _ _ _ __

                                    CONSENT OF SURETY

We, as surety on the above described contract, hereby give our consent to the payment to the
Contractor as indicated above.

Date:-----------                                Signed:------------
                                                   (Attorney-in-fact)


NOTE: Two completed copies of this or similar form MUST BE SUBMITTED to and accepted by
      the City of Muskegon BEFORE REDUCTION OF 10% RETAINAGE AND FINAL PAYMENT
      WILL BE MADE.

                                              -54-
                                                                                                                                          lblbJ       orr;,-:v.Loo
Apr 01 05 06:41p                                                    TRI-US SERIIICES

               APr                  200~           H6PM                 51688)6215                                                                             Noms                        p       3/~


                                        CERTIFICATE OF LIABILITY INSURANCE;RicJ~ 1Jaj
                                                                                                                                                                                                 OAT E. {Mlv/lltJfVV)
       A(;.ORQ,
                                                                                                                                                                                                    07/06/04
 P'I\)OVJ;Eft                                                                                                tHIS CERYI'ICArt <S ISSUED AS A MAnER OF INFORMATION
                                                                                                             ONlY AND CONFI:R5 NO RIGk'l~ UF'ON THE CERIII="ICATE
 Lane          ~ Reed Insuxance Agcy. Inc                                                                    HOLDER. THIS CERTIFICATf. DOES NOT AMEND, EXTEND OA
 P.O.          nox 188                                                                                       ALTER THE COVERAGe AFFORO~O BY THI; POLICIES BELOW
 Spart.a. MI 49145
                                                                                                                                        INSUREAS AF'FOROINC. <.;OVERAGl:
 l'hone:                 616-A~7-7349                    ~a~:S16-807-627S
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                         1350 E. Keating
                         Muske9'on HI 49442                                                                                   )




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~C:ORD         25-S 17/97)                                                                                                                                                          ) COA:i·vnl\1 IVI'f         no a
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                                                                               ,.   .... .,'
officials, all employees & voluntee~s 1 all boards 1 t:tJnwiasions and/or
authot>ities & boat:d member!i, including e~t~ployees  vOlunte&rs thereof ar<>
hereby adcied a3 "Ad.d.1tional l.nsu.reas"                                                             '
L<" llriLA I< ,                                IN I·             '    ........,'"'""'"'"'" ClTYOOl    $M0V~0   .t.r.v 0"   Y~E A•OV{ OESt-11''8(0 IIOU&tU II( I;;ANI;HlliO 6!1101''!1. Yt!f

                                                                                                      OATt! Y~f."EOf, THf I.!JSU!MC I~SUA(A, WILL fNO{I\IJOR l'O MAll..                    ...lil.._ DAYS WAilTEH
                    City Of Hu,keqon                                                                  .. OYIC~ tQ t"&;   t;ERTl~lf;.&Tt: ~0~11f,lt NAM[O       10   TW[ u:t'r.   BUT I' AllURS:              fn n(l   SO 'SN•LL
                    Dept ~f ~ublic works G                                 Ut1l1.t~
                                                                                                      IMPOSf NO OlliGP.TfDN Dl\ liABILIT'I' OF ANY 111"10 IJ"Ot-1 THt: INSURe~, IU l'lGENTS OR
                    1350 E. 1\eating
                                                                                                      RlPR£SlN1AllvES,
                    Mllok<><jOt> MI 49442
                                                                                                                            '""
                                                                                                     I WilHam W               Raed
ACORD >S-S 17191)                                                                                                                                                                    r•v•r                              1988
Michigan 0!;!partment
 of Transnortallon
                                  QUOTATION REQUEST FOR                                                DISTRIBUTION:
                                                                                                       0 Maintenance Div.
                                                                                                              DISTRICT NO.
                                                                                     0 District Maintenance
  426 (1/90)
                                  SERVICES OR EQUIPMENT                              0 County or Municipality
INSTRUCTIONS: To be used by contract county or mun·,cipa!Hy only. See Prohibition of Discrimination statement & authority on reverse.
              Complete in triplicate and distribute as indicated.
                                             TOBE=c=O~M~P~L=E=T~ED~B~Y~C~O~N=T=R7
                                                                                A~C=T~C~O=u7N~T=Y~O~A~M~U~N~IC=I=P7A~LI=T~Y~----------------------
 COUNTY OR MUNICIPALITY                                                                 DATE REQUEST ISSUED      RETURN NO LATER THAN
         City of Muskegon                                                                 4-4-05
 ADDRESS                        Street No.                    City                      QUOTATION County-Calendar Year OR Municipality      Fiscal Year
         1350 E. Keating Avenue                           Muskegon                      FORo    FY 2005                       \
 TYPE OF WORK EQUIPMENT                                                                                          TAUNKLINE HWY. NO.
     oR sERvicEs TO BE usEo FOR         Street Sweeping                                                            M46 & US31BR (96)
 ESTIMATED USE (No. of times or duration)                                                                        ROUTE SECTION NO.
      Four (4) sweeps between April and end October 2005                                                           M46 &US31BR (96)
 LOCATION (G1ve complete descnptlon.)


      State trunklines located within the City of Muskegon
CONDITION OF EQUIPMENT
a.       All equipment furnished without an operator, will be in proper operating condition when delivered for use by the Department of
         Transportation. It is understood that, when due to mechanical failure, any and all repairs and/or replacement of parts to said equipment
         is the responsibility of the vendor.

b.       When equipment and an operator, or a service, is furnished by the vendor, the vendor is responsible for all maintenance, labor, materials
         and other expenses involved therewith.

The vendor shall save harmless and indemnify the State, The Michigan Department of Transportation and the Michigan State Transportation
Commission against all claims for damages to public or private property and for injuries to persons arising out of and during the progress of
the work herein described and to its completion

            DETAILED DESCRIPTION OF EQUIPMENT OR SERVICES                                QUANTITY       UNIT     UNIT BID PRICE          TOTAL COST
                                                                                                                  BY VENDOR

      Sweeping of 27.20 miles (street & paved                                             27.20             4        70.00         $7616
      shoulders) of State trunklines within the
      City of Muskegon at $70.00 per mile
      x four(4) sweeps per year.
      Note: Trunkline = 13.6 curbed miles x 2
                        for paved shoulders
      $1904 per sweep


                                                             TO BE COMPLETED BY VENDOR
It is proposed, subject to the conditions listed COMPANY NAME (If any.)
above, to contract with above named County or Tri-Us Services, Inc.
Municipality to furnish the Equipment or STREET AuDRESS OF COMPANY OR OWNER                                            City                     State
Service(s) listed above.
                                                        4725 lQ_ Mi 1e Road,_ PO Box 123 Kent Cit                                                 MI
Operator's Wages are included
                                                       ;y~;:TY%se~onall~~
                                                                                                                                  DATE
in the Unit Bid Price.    0 Yes              0No                                                                                   Y'--6 -cJ5-
EST. TOTAL COST                                        CONTRACT COUNTY OR MUNICIPALITY                                            DATE
                                                       Signature of Designated Maintenance Superintendent
     $   7616
            FOR LANSING MOOT USE ONLY                  The above named County or Municipality is hereby authorized to contract with the above
                                                       named vendor for the equipment or service(s) described.
                                                       MICHIGAN DEPARTMENT OF TRANSPORTATION                                      DATE
                                                       District Maintenance Engineer Approval:


                                                       Maintenance Division Approval:                                             DATE


                                                       MICHIGAN STATE TRANSPORTATION COMMISSION                                   DATE
                                                       Approval:
                                 AGENDA ITEM N O . - - - - - -

                            CITY COMMISSION MEETING _ _ _ __


TO:            Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          March 14, 2005

RE:            Bathroom Facilities Agreement with Fisherman's Landing, Inc.




SUMMARY OF REQUEST:
To approve a development and reimbursement agreement between the City and Fisherman's
Landing, Inc. The agreement will enable the constructions of a new bathroom facility at
Fisherman's Landing and provides for a reimbursement of the costs for the same by
Fisherman's Landing, Inc.




FINANCIAL IMPACT:
$146,926.24




BUDGET ACTION REQUIRED:
The 2005 budget will need to be readjusted to account for this new expenditure.




STAFF RECOMMENDATION:
To approve the attached agreement.




COMMITTEE RECOMMENDATION:




PMB- 0: (BLM FISHERMAN'S LANDING BATH AGENDA 031405)
                                                                                   :< oos-.J J Cc)
                                                                                    .3-.:l~-oS"'



            DEVELOPMENT AND REIMBURSEMENT AGREEMENT

 This Development and Reimbursement Agreement is made as of March 22, 2005,
between the CITY OF MUSKEGON, a Michigan municipal corporation (the "City"), and
Fisherman's Landing, Inc., a non-profit corporation, whose business address is 11434
First Street, Montague, Michigan 4943 7 ("Corporation").


                                       RECITALS

 A. City owns real property located at the east end of Muskegon Lake, commonly
referred to as Fisherman's Landing and Campground.

       B. Corporation is interested in making capital improvements at Fisherman's
Landing and Campground. Corporation has executed a contract for architectural work
with Richard C. Borgeson and for construction of capital improvements with Scott
Geerling Contractors of Zeeland, Michigan ("Geerling").

      C. City is willing to pay for the improvements at the Fisherman's Landing and
Campground so long as City is reimbursed by Corporation for the cost of the
improvements.

       D. The City is in the process of borrowing sums for capital improvements on City
properties, including monies to cover the expenses related to the capital improvements at
Fisherman's Landing and Campground.                                 ·


                             TERMS AND CONDITIONS

 Therefore, in exchange for the consideration in and referred to by this Agreement, the
parties agree as follows:

       1. IMPROVEMENTS.

      Corporation and Geerling have entered into a contract for a variety of public
improvements. A copy of the contract is attached Exhibit A.

       2. FINANCIAL OBLIGATIONS.

       2.1 Corporation has entered into a contract with Richard C. Borgeson
("Borgeson") for architectural work associated with the public improvements in the
amount of$6,055.00. Corporation has paid Borgeson $5,146.76, leaving a balance owing
of$908.24.
       2.2     Corporation has entered into a construction contract with Geerling for the
construction of public improvements provided for in Exhibit A in the amount of $184,725.00.
Corporation has paid Geerling $38,809.00, leaving a balance owing of$145,916.

        3.     CITY OBLIGATIONS.

        3 .I   City agrees to assume the obligations including paying such amounts that are or
               will be owed to Corporation related to Borgeson and Geerling for the construction
               of the Public Improvements as provided in attached Exhibit A. City agrees to
               execute an assignment of Exhibit A from Corporation to City.

        3.2    City shall provide sufficient funds to pay for the improvements provided for in
               Exhibit A.

        3.3    City shall have the exclusive right to authorize any change orders with Borgeson
               and/or Geerling. Such change orders may alter the amount owed to either
               Borgeson and/or Geerling, which Corporation acknowledges would alter the
               amount Corporation owes City.

       4.      CORPORATION OBLIGATIONS.

       4.1     Corporation agrees to assign its interest in Exhibit A to City by executing attached
               Exhibit B.

       4.2     Corporation agrees to pay City the amount City pays Borgeson and Geerling for
               improvements on Fisherman's Landing and Campground, plus interest in the
               unpaid portion at the interest rate the City pays for the monies borrowed to satisfy
               the debt to Geerling. The principal amount of the contracts, plus or minus any
               additions or deletions, plus interest shall be satisfied by payments of $10,000 on
               each and every January I, commencing January I, 2006, until the full amount has
               been paid.

        5.       Interpretation. This is the entire agreement, including attachments, between the
parties as to its subject. It shall not be amended or modified except in writing signed by the
parties. It shall not be affected by any course of dealing and the waiver of any breach shall not
constitute a waiver of any subsequent breach of the same or any other provision. This
Agreement shall be interpreted and construed in accordance with Michigan law and the parties
agree to jurisdiction and venue within the courts for the County of Muskegon.

        6.      Binding. This Agreement and the rights and obligations under this Agreement
are unassignable and untransferable without the consent of the other parties. It shall, however,
be binding upon any successors or permitted assigns of the parties. Corporation and City have
negotiated together to reach the terms of this Development Agreement, have participated in the
drafting of this Agreement, acknowledge that this product is a joint effort of both parties.




                                                2
       7.      Waiver. One or more waivers by any party of any covenant or condition ofthis
Agreement shall not be construed as a waiver of a subsequent breach of the same or of any other
covenant or condition. The consent or approval given by any party with respect to any act by the
other party requiring such consent or approval shall not be deemed to waive or render
unnecessary further consent or approval of any subsequent similar act by such party.

        8.     Notice. Any notice provided for herein or given pursuant to this Agreement, shall
be deemed in compliance herewith if in writing and sent by United States certified or registered
mail, postage prepaid, return receipt requested, or by personal delivery to the parties as follows:

                      To Muskegon:

                      CITY OF MUSKEGON
                      933 Terrace, P.O. Box 536
                      Muskegon,MI 49443-0536
                      Attn: City Manager

                      To Corporation:

                      FISHERMAN'S LANDING, INC.
                      c/o Thomas Kampenga
                      11434 First Street
                      Montague, MI

       9.     Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original and all of which shall constitute one and the same
Agreement.

           WHEREFORE, this Agreement has been executed as of the date first written above.




Attest:


Gail A. Kundinger MMC, City


FISHERMAN'S LANDING, INC.

By: ~M~'--
    Thomas Kamp nga


C:\Documents and Settings\Potter\Local Settlngs\Temporary Internet Files\OLK1Aifishermans landing agreement 31505.doc
                                                                      3
              EXHIBIT A

CONTRACT BETWEEN GEERLING CONTRACTORS
     AND FISHERMAN'S LANDING, INC.




                 4
MAR-21-05   12:13   PM   C.RICHARD.BORGESON             231   780   4727
                                                                           RECEi\J'ED
                                                                               MAR 2 1 2005
                                                                                MUSKEGON
                                                                           CITY MANAGER'S OFFICE
     Standard Form of Agreement Between Owner and
      Contractor where the basis or paymsnt is a
                                STIPULA'l'E:D SUM
        Origina~           Contract when this is red.
AGREEMENT made as of the 20th day of December, 2004 BETWEEN the

Owner                    FISHERMANS LANDING INC,
                         538 EAST WESTERN AVENUE
                         MUSKEGON, MICHIGAN 49440


And the Contractor       GEERLINGS DEVELOPMENT
                         8436 HOMESTED
                         ZEELAND, MICHIGAN 49464

The Project is:          TOILET ROOMS FOR FISHERMANS LANDING
                         538 EAST lfESTERN A.VENUE
                         MUSKEGON, MICHIGAN 49440

The Architect is:        c. Richard Borgeson Architect
                         550 WEST WESTERN AVENUE
                         MUskegon, HI 49440
The Owner and Contractor agrees as follows.
ARTICLE 1 THE CONTRACT DOCUMENTS
     The Contract Documents consist of this Agreement, Conditions of the Contract
     Draw1ngo, AddendQ issued prior to execution of this Aqreement, and other documents
     listed in thio Agreement and Modification• issued after execution of this
     agreement; these form the Contract, and are as fully a part of the Contract a~
     fully as if attached to thi$ Agreement or repeated herein. The Contract represents
     the entire and inteqrated agreement between the parties hereto and supersedes prior
     neqotiation, representations of agreement5, either written or oral. An enume~ation
     of the Contract Documents, other than Modifications, appears in Article e.

ARTICLE 2 THE WORK OF THIS CONTRACT
    The Contractor shall tully execute the Work described in the Contract Documents,
    except to the extent specifically indicated in the Contract Documents to be the
    responaibility of other •.
MAR-21-05         12:13    PM     C.RICHARD.BORGESON                            231    780     4727                     P.02




ARTICLE 3 DATE OF COMMENCEMET AND SUBSTANTIAL COMPLETION
      3.1 The date of commencement ofthe Wmk &hall be the date of this Agreement unless a difli:Nnl date is staled below or
      provi~ionis made for lhe date to be fixed in a notie<lto prooeed irnlod by the Ow!ler.

      3.2 The Contract Time ohall be measured from the date of commencement.

      3.3 The Contractor shall achieve substantial Completion of the entire Work not
      later than 120       DA~S    from the date of commencement
      subject to adjustments of this Contract Time a• provided in the Contract Documents.

ARTJCU 4 CONTRACT SUM
     4.1 The owner shall pay the Contractor the Contract Sum in current funds for the
     Contractor's performance of the Contract. The Contract shall be eKE HUNDRID
     IIxrriiGHT THOUIAMD BIGHT HUNDRIP SBVIMTY riVB Dollars t$1&8,175.00), subject to
     additions and deduction• •• provided in the Contract Document•.

     4.2 The Contract Sum is based upon the following alternates, if any, which are
     de•cribed in the Contract Documents and are hereby accepted by the owner: ~
     Addlt1ona Ol' cMduotiona tt1ll M ude c:Ne to the Mlay in u .. !Mitween tl\a bid ISle date and con•tnct.S.on.
     ata.rt elate.

ARTICLE 5 PAYMENTS
     5. 1 PROGRESS PAYMENTS
     5,1,1 Ba1ed upon Applications for Payment submitted to the Architect by the
     Contractor and Certificates for Payment issued by the Architect, the Owner •hall
     make proqress payments on account of the Contract Sum to the Contractor as provided
     below and elsewhere in the Contract Documento.

     5.1.2 The period covered by each Application for Payment •hall be one calendar
     month ending on the last day of the month, or as follows:

     5.1.3 Provided that an Application for Payment is received by the Architect not
     later than the riRIT (1''J day of a month, the Owner shall make payment to the
     Contractor not later than the !KNTH 110•1 day of the month, If an Application for
     Payment is received by the Architect after the application date fixed above,
     payment •hall be ~de by the Owner not later than 10 days after the Architect
     receives the Application for Payment.

     5.1.4 tach Application for Payment shall be based on the most recent schedule of
     value• •ubmitted by the Contractor in accordance with the Cont~act Documents. The
     schedule of values shall allocate the entire Contract sum arnonq the various portion
     of the Work. The schedule of values shall be prepared in such form and suppotted
     by such data to substantiate ita accuracy as the Architect may require. This
     schedule, unless objected to by the Architect, •hall be used as a basis for
     reviewing the Contractor's Application for Fayment.

     5.1.5 Applications for Payment shall indicate the percentage of completion of each
     pottion of the Work as of the end of the period covered by the Application for
     Payment.
MAR-21-BS    12!13   PM   C.RICHARD.BORGESON              231    78B   4727              P.03




     5.1.6 Subject to other provision• of the Contract Documents, the amount of each
     progress payment shall be computed oo follow•:
            .1 Takw that po~tion of the Contract sum properly allocable to completed Work
            a• determined by multiplying the percentage completion of each portion of the
            Work by the share of the Contract Sum allocated to that portion of the Work
            in the schedule of values, leo• retainaq~ of TEN percent (10%). Pending
            final determination of cost to the Owner of changes in the Work, amount not
            in dispute shall be included as provided in Subparagraph 7.3.6 of AlA
            Document A20l-l997;
            .2 Add that portion of the Contract Sum properly allocable to materials and
            equipment delivered and auitably stored at the site for subsequent
            incorporation in the completed construction (or, if approved in advance by
            the Owner, suitably stored off the site at a location agreed upon in
            writing), less retainage of~ percent (lOt) .

            . 3 Subtract the aggregate of previous payments made by the owner

    5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6
    ahall be further modified under the following cireum&tances:
            .1 Add, upon Subatantial completion of the Work, a sum sufficient to increase
            the total paymenta to •xMTY BIGHT CPI•I of the full amount of the Contract
            Sum, less ouch amounts as the Architect shall determine for incomplete Work,
            retainage applicable to such work and unsettled claims.

    5.1.8 Reduction or limitation of retainage, if any, shall be •• follow•:         ~

    5.1.9 Except with the Owner's prior approval, the Contractor shall not make
    advance payments to suppliers tor materiol or equipment which have not been
    delive~ed and stored at the &ite.

    5.1 FINAL PAYMENT
    5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum,
    •hall be made by the Owner to the Contractor when:

          .1 the contractor ha• fully performed the Contract except for the
          Contractor's responsibility to correct Work to satisfy other requirement•, if
          any, which extend beyond final payment; and

          .2 a final Certificate tor Payment has been   io~ued   by the Architect.

    5.2.2 The Owner's final payment to the Contractor shall be made no later than 30
    days after the isauance of the Architect's final Certificate for Payment, or as
    follow•:

 ARTICLE 7 MISCELLANEOUS PROVISIONS
   7.1 Where reference is made in thia Agreement to a  prov~s~on of AIA Document A20l-
   l997 or another Contract Document, the reference refer• to that provision as
   amended or supplemented by other provision• of the Contract Document•.
~AR-21-05    12:14      PM      C.RICHARD.BORGESON                             231    780   4727              P.G4




    7,2 Payrnenta due and unpaid under the Contract shall bear interest from the date
    payment is due at the rate stated below, or in the absence thereof, at the legal
    rate prevailing from time to time at the place where the Project is located.
    2 P01)1'T8 OV&R I'SUNI M   l)l'l'&RM!HBD DY f"R& COH'fRACTCQUJ MNJt OF JWCOJU).


    ?.3 The Owner's representative io:                               KAIII'inga
                                                                 TOIII
                                                                 11434 1" ltnet
                                                                 N<>nt&!J1H', Kiohi9An •9U7

    7,4 The Contractor's representative io1                      Scott Geerlinga
                                                                 Geedi"'ll• Devel~nt
                                                                 8 U6 HOWES TED
                                                                 &-land, Kiabigan 494U

    7,5 Neither the Owner's nor the Contractor's representative shall be changed
    without ten days written notice to the other party.

    7.6 Other provisions: Ron•

 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
    8.1 The Contract Documents, except for Modifications issued after execution of this
    ~greement,     are enumerated as followa1

    8, l , l This document

    8,1,2 The Drawing• are             &I follows, Fieharmana            Landing and are dated JUne 21, 2004
    and revised December 14, 2004
    Number 1                                   Title TITL& PAGE
             2                                          I'LOOJI, I'OUIIIDATIOK, Pl.UMa!l.fG PLAlll
             3                                          aoor  STIWCl'VJII, SCIIZDULIII, ZXT»UOR ZLIVllTIOiil
             t                                          BUILIIniCI SIC'l'%011 ' JIXTP]:OR ZLZVJ.TIOIII'8
             5                                          BUILIIIJIB S&C'l'ION!I
             5                                          LirmTDIII, - · IIECIIA)IlCAL
            prepared by c. Richard Borqeson Architect                      550   w.   Western Ave. Muskegon

    8.1 .3 The Addenda, if any, are as follows' IIOIU

    This Agreement is entered into as of the day and year first written above and io
    executed in at least three original copieo, of which one is to be delivered to the
    Contractor, one to the Architect for us in the adminiotration of the Contract, and
    the remainder to the Owner.


    4n~ t. ~PA1-.

                                                 (PrJnted name and title}
       EXHIBITS

ASSIGNMENT OF CONTRACT




          5
                               ASSIGNMENT OF CONTRACT

        This Assignment effective as of March 22, 2005, by Fisherman's Landing, Inc., a non-
profit corporation, whose business address is 11434 First Street, Montague, Michigan
("Corporation") and the City of Muskegon, a Michigan municipal corporation, whose address is
933 Ten·ace, P.O. Box 536, Muskegon, Michigan (the "City") with reference to the following
facts:


                                           Background


       A.      The City owns real property known as Fisherman's Landing and Campground.

       B.      Corporation, in order to make capital improvements at Fisherman's Landing and
Campground, entered into a contract with Scott Geerling Contractors of Zeeland, Michigan
("Geerling") for Geerling to make the improvements at Fisherman's Landing and Campground
("Construction Contract").

      C.    The City agreed to pay for the cost of such improvements at Fishennan's Landing
and Campground, subject to reimbursement by Corporation for the cost of the improvements.

        D.     Corporation entered into a contract with the City in order that the City assume the
obligations associated with the Construction Contract ("Development Contract").


       Therefore, for good and valuable consideration, the parties agree as follows:

        I.    Assignment. Corporation assigns to the City all of its rights and obligations
under the Construction Contract as they relate to making improvements at Fishem1an's Landing
and Campground.

        2.      Consideration. As consideration for the assignment of the Construction
Contract, Corporation shall pay the City $50,000 upon execution of the Development Contract,
together with the unpaid balance of the Construction Contract paid to Geerling by the City for
the cost of the improvements. The balance shall be reimbursed by Corporation by payments of
$10,000 on each and every January I, commencing January I, 2006, until the full amount,
including interest at the rate of 7% per annum, is paid in full.

         3.       Warranties. Corporation wanants to the City that the Construction Contract is in
effect; that Corporation has not assigned, pledged, transfened, or otherwise encumbered the
Construction Contract or Corporation's rights or interests in that agreement. Corporation agrees
that it will not, without written consent from the City, consent to any tennination or modification
of the Construction Contract.

       4.       Governing Law. This Assignment shall be interpreted and enforced pursuant to
the laws of the State of Michigan.


                                               -I -
The City hereby accepts this Assignment and agrees to complete all of Corporation' s obligations
under the Construction Contract.


Dated:    3 - ;1.. ~   , 200~                       FISHERMAN'S LANDING, INC.


                                                    ByThomas
                                                        ~~-  Kam enga


                                                    CITY OF MUSKEGON




                                                    Attest:




                                             - 2-
     ACKNOWLEDGMENT AND AGREEMENT TO THE ASSIGNMENT OF THE
                   CONSTRUCTION CONTRACT

        Scott Geerling ("Geerling") as the general contractor under the Construction Contract
subject to this Assignment, acknowledges and consents to the preceding Assignment. Geerling
confirms that the construction contract is in effect and that, as far as Geerling knows, no party to
the construction contract is in default under that agreement.

        Geerling agrees that, after the date of this Assignment,

        1.      it shall not modify the construction contract without written consent from
City; and

        2.      all notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) one
day after depositing in the custody of a nationally-recognized receipted overnight delivery
service with delivery fees prepaid; or (iii) three days after posting in the United States Mail first-
class, postage prepaid. Notices shall be sent to the parties as follows:

       To City:                Name:           CITY OF MUSKEGON
                               Address:        933 Terrace, P.O. Box 536
                               Address:        Muskegon, Ml 49443-0536
                               Attn:           City Manager

       To Contractor:          Name:           SCOTT GEERLING CONTRACTORS
                               Address:        8436 Homestead
                               Address:        Zeeland, Michigan 49464
                               Attn:           Scott Geerling


Contractor -



~~~~,,~-'t
Title: Prdent
Date: fY~ ~()             , 2005




                                                 -3-
Date:        March 22, 2005
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Clay Ave., Terrace to Spring


SUMMARY OF REQUEST:
Award the paving, using asphalt, and underground utility construction contract (H-1592,
W-666 & S-601) for Clay Ave. between Terrace & Spring to Wadel Stabilization out of
Hart, MI. Wadel was the lowest, see attached bid tabulation, responsible bidder with a bid
price of $364,887.60


FINANCIAL IMPACT:
The construction cost $364,887.60 plus engineering cost which is estimated at an
additional 15%.




BUDGET ACTION REQUIRED:

None.


STAFF RECOMMENDATION:
Award the contract to Wadel Stabilization



COMMITTEE RECOMMENDATION:
                                                     H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST.
                                                                       ASPHALT BID TABULATION                                            MMe•n
                                                                                                                                           WAOELSTABIUZATION                     SCHULTZ EXCAVATING                                                          JACKSON-MERKEY
                                                                                                                                            2500 N. OCEANA OR.                         5565 6TH ST                             13064 WISNER                 555 E. WESTERN AVE.

                                                                                                                   ESTIMATE                   HART.   Ml 49420                 LUDINGTON Ml 49431·                                NT, Mt 4932
                                                                                    !TY    I   UNI1                fOTAL PRIC              T COST      TOTAL PRICE           UNIT COST     TOTAL P                                     OTAL
                                                                                                                   s      350.0              200,00   $      200,00         ..    A~~ ~A ..                                                                   300.00
                           CASTING   ~LE                                                                           s    1,400.0              475.00   $    1,900.00
               . BASE COURSE 22A@ ~                                                                                                            4.75   s     zo,··-                                                                                              :l,l:!U   ~


  ~ Dt:NDS 6" D.C.!. M.J. 45 DEG.                                                                                                            205.00   s                                                                                       598.            235.00      $
  5 BENDS a·· D.C.I. M.J. 45 DEG.                                                                      $300.0                                250.00   $      1,                                                                             2,208.            275.00      $
  > BENDS 12" O.C.I. M.J. ~                                                                            SSOOJl                              ~or        ..                                                                                     1.
   r   BITUMINOUS LEVEUNI                                                                                                                                                                                                                  18.
  a    BITUMINOUS TOP MIX                                                          TON                                                                      16,716.40      Is·      4:4_.45   Is   11,557.                              _____1L_
          ·-   -M-   ....   0   00   0                                             ~                                        50.1
                                                                                                                           :00.1                                                                                          5!                                  565.00
       CATCH BASil
                                                               -··                                                 s   10,400.'                                                                                        2,01                                 1,230.00
                                                                                                                   s   1a,soo.
       CONCRETE C
       CONCRETEJ
       CONC.SIDEV
                                                                "=!                                                L____!,I§9.
                                                                                                                                                                                                                                                                a.40_


       CONC.SIDEV
       CORP. STOP 1"                                              6.0                                  $210.1          _j,                   25              1,500.00             30,                 ,aoo.oo     I s_____ ~a                1,110.0Q_        200.1            1,200.0
       CROSS 12"x a" D............. .                                                                  $800,1                                                                     SOU.·                                                                                          445.0
       CURB STOP 1'                                                                EACH                                                                                           300.u•                                                           ·7a.oo                       1,320.00
                                                                               ""EAC                                                                                              300.01                                                           6a.oo                        1,520.00
                                                                                   S.YD.                                                                                         ~                                                                 73.60                        7,4aa.oo
                                                                                                                                                             4,500.00            2,000.01                                                          sa.oo                           3a.a5
                        iRADING I                                                                                                                            2,750.'             2,200.01                                                                                       6,971.50
            ~ec.ASTiNG, E.J.#tooo OREC                                                                                                                       7,200.vu              350.01                                                                                       5,520.00
                 .,.... ,.., 4'1.0. 0' TO 10' DEEP              ·: a.o         I   EACH
                                                                                    ACH
                                                                                           I          $2,0(
                                                                                                       $21
                                                                                                                                                                 ,400.00
                                                                                                                                                                 ~
                                                                                                                                                                                 1,600.n•
                                                                                                                                                                                   250.
                                                                                                                                                                                                         1o.oo    Is    1,847.t
                                                                                                                                                                                                                          30a.l
                                                                                                                                                                                                                                                                                """'n 00
                                                                                                                                                                                                                                                                                      00
                                                                                    ~:~                                                                           2a5.·            360.                                   505.1                                                      .00
                            CATCH ...,...,..,                                                                                                                                                                                                                                         .00
                                ;.DRlVI                                                                                                                                                                                                                                               ~
                                :RETE:
                                         ~
            !QW

                                                                                                         $25.·
                                                                                                         $35.
                                                                                                         $45.                                                o,5s;                                   :1,166.0
                                                                                                                                                             2,201                                   2,000.0                                    :49.1
                                           CTM..                                                                                                                                                      1,100.0                                 . '53.1
                                                                  2.0                                                                                                                                                                        1,908.00
                                                                2fii                                                                                                                                                                         1,122~
                                                               15o':i                                    $20.0                                                                                                                               6,795.             19.00
                                                               95.ii                                     $25.00    $    2,:                                                                                ·.00                                                 22.00     $      2,090.00
          _Q_f{M SEWER 12" C 76 CLV                              4:3~1                                   $25.00    $   11,                                                                                                                                      26.00     s    1:
                                                                                                      $4,500.00    s   13,                 3,90(                                                                        3.7                                  3,885.00     ..   ...
       .:: 12"X 'IL .... <> U, ..... l•                                                                $600.00     s    1.
                                                                                                                                             ~:                                                                           5
                                                                                                                                                                                                                                                              ~~:-~~
I 4SjTEE 12"x 12"x 8" C                                                                                   ;5o.oo s           .........
       TERRACE GRADIJI.                                                                                   :10.00   $    8,57'
       TRAFFIC CONTRO                                                                                     aoo.oo s      5,oo,                                                                                                              22,464.                                ~
       TRENCH REPAIR !                                                                                   $65.00 s      10,14'
       VALVE GATE 6" M                                                                                  $550.00 s       1,650.0
                   iATE                                                                                 $650.00 $       1,950.0                                                                                                                                745.00
                   ;ATE                                                                                            t         950.(J                                                                                                       ~
                                                                                                                                                                                                                                             1               1,260.00
                                                                                                                                                                                                                                                                .... nn
                   nAINt
                                                                      Z__,Q_                            --~~j

                                                                                                          $20,
                                                                                                          S30.~260.0_Q_                                       1,988.00
                                                       H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST.
                                                                    CONCRETE BID TABULATION 03/15/05
                                                                    I..VI'III'V-\I,..IVI                                        WADEL STABILIZATION                  SCHULTZ EXCAVATING             GRANT TOWER EXCAVATING                 JACKSON-MERKEY
                                                                          ADDRESS          I                                     2500 N. OCEANA OR.                       55656THST                       13064 WISNER                    555 E. WESTERN AVE.

                                                                                                                                   HART Ml 49420                                                        GRANT           I 49327                    I Ml 49441

        lUST CATCH BASIN CASl
                                       rr                                                                                                                                                                                                               ~PRICE
                                                                                                                                                                                                                                                          300.00
                                                                                                                                                                                                                                                                         I
        lUST MANHOLE CASTING                                                                                    ..Ji     .00                       ~                                                                             93         375.00     ~-~
J AGG. BASE COURSE 22A@ •                                                                                                                                                                                                                              24,1o2.oo I
I                                                                                                                                                                                                       299.00                                            470.00
;                                                                                                                                                  __!_,_!                                              368.00     '~       2,                          1,650.00
;                                                                                                                                                                                                       607.00
                                                                                                                                                                                                       ""142.iiO
                                                                                                                                                                                                        596.00                        '     0

                                     •..                          326.0
                                                                                                                                                                                                                                      ~   1,1

                 VEMI
                 lEW'
 ' o.,;uNo.,;. ;:.1DEWJ!
 S CORP. STOP 1'
 :; CROSS 12"x 8" D.C.!. 1......
 i CURB STOP 1" MUELI                         OW/80
 7 CURB STOP 2" FORO                          tW/80
 ~   GEOTEXTILE
 ~   HYDRANTST                                                                                                                                        4,500.00   s   2,000.
                                                                                iTA.                                                                  0,020.00   s   2 200.
                                                ~EQ.
                                                                                :;:;:;u-                                                              7.200.00   s     350•.
                                                OEP                                                                                                   0,000.00   s   1,600.
                                                                                                                                                        645.on   ~     ?<:n
                                                                                                                                                        285.1
                                                                                                                                                      ;;nru:;;
                                      APPRC
                                      DEWI'J
                           MOLl                                                                                                                                                       .......   ~



                           :ME~                                                                                                                                                       5,735•.
          >REFILl                                                                                                        ~                                                            1,625.                                                     ~           12,600.00
                     ;wE                                                                                                                                                                   44.
                     :WE                                                                                                                                                                   92.·
                                  '' SOR 35                                                                                        36.~             20,553.                                                                                     65.50        36,483.50
                                                                                                                                  '5"5oJ             2,200.'                                                                                ~
                                                                                                                                  8oo.i               ~·~00.'                                                                               320•.
36 SLEEVE LONG 1
37 STORM SEWER 6" S.D
38 STORM SEWER 10" S.D.
   -TORM SEWER 12" S.D.R
    rORM SEWER 12" C 76 C                                                                                                          28.00                                                                                                      26.00
                             <VALV                                                                                                900.00                                                                                                    ,885.00
                        .C.I.M.I
       EE 12"x 12"x 8" O.C.I.                                                                                                     ~=-~~                                                                                                     ~~=-~~
       ERRACE GRAniNr.
       RAFFIC CON
       RENCH REPJ
     I.ALVEGATE6"M.J. W/BOX                                       ~                                                   650.00
     VALVE GATE I                                                                                                     ,950.00
      ALVEGATE·                                                                                                       ~
      IATERMAJN s-- u.o.,;                                                                      szs.oo     , .
      MTERMAIN 8" O.C
        fERMAIN 12" D.•
                                                                                                535.00
                                                                                                S-45.00
                                                                                                           '~'
        fER SERVICE T,
        rERSE~IC~
                                           :ROETJ
                                           K"COP
                                                                                               $400.00
                                                                                                $20.00     ''     '
                                                                                                                                                       1,00~
                                                                                                $30.00     ~                                           1.98~


                                                                                TOTAL                     [$                               i   $                               [$                                                                       [$
                            CITY COMMISSION MEETING
                               Tuesday March 22, 2005




TO:            Honorable Mayor and City Commissioners

FROM:          Anthony L. Kleibecker
               Director of Public Safety

DATE:          March 17, 2005

SUBJECT:       2005 Fire Act Grant

SUMMARY OF REQUEST:

The Director of Public Safety requests the Commission's authorization to apply for a
2005 Fire Act Grant (Federal). The amount that will be requested is $55,000. The funds
will be used to purchase turnout gear, helmets and boots. We would also purchase cold
water rescue suits. We have previously applied for, and been awarded, three grants
under this program. The city is responsible for a 10% match ($5500).

FINANCIAL IMP ACT:

The funds for the match would come from the Fire Department equipment fund.

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Approval of this request.
DATE:               March 10, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-03-72 Address:
                    1907 Hoyt Street.


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
1907 Hoyt 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: # EN-03-72 - 1907 Hoyt

Location and ownership: This structure is located on Hoyt between Holbrook and
Keating and is owned by Scott Smith.

Staff Correspondence: This case began 06/13/03 because of the house being
vacant, open and large amount of trash & debris left. A police report dated
05/20/03 was issued answering complaint from neighbor because home was left
open and in a state of disrepair inside. A dangerous building inspection was
conducted on 06/13/03 and an interior inspection conducted 07/09/03 the notice
and order to repair was issued on 08/22/03. On 10/02/03 the HBA tabled the
case to allow owner time to obtain permits and complete required repairs. The
HBA declared the structure substandard and dangerous on 12/02/04.

Owner Contact:      The owner was present for the HBA meeting in October of
2003 stating he planned on doing repairs but had just buried his son. There has
been no permits pulled or owner contact since that time. Brian Sokol
representing Huntington Bank requested copies of inspection reports in
December of 2004.

Financial Impact:             General Funds

Budget action required:                 None

State Equalized value:                  $33,800

Estimated cost to repair:               $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.


C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKIA\AGENDA- 1907 Hoyt. doc   page I of2
City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, March 22, 2005.




C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA ~ 1907 Hoyt.doc   page 2 of2
                                    CITY OF MUSKEGON

                  DANGEROUS BUILDING INSPECTION REPORT

                                            1907Hoyt

                                              6/13/03


Inspection noted:

1.      An interior inspection with building, plumbing, mechanical, and electrical
        inspectors is required.
2.      Broken windows on house and garage.
3.      Garage roof is rotted.
4.      Northeast corner of garage is rotted.
5.      Garage is unserved.
6.      Roof on house needs to be replaced.
7.      Rain gutters are rotted and falling of building.
8.      All work requires construction permits. These permits must be obtained prior to
        work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




DONALD LABRENZ, BUILDING OFFICIAL                                          DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1907 Hoyt.doc
                  I !JU/ IIOyt




llSCIIU046.J PG                  OSC00047.JPG




DSC00040.J PG                    OSCOOil4!l .•U'(;
                1907 lloyt




DSCOOOSO.JPG                 OSCOOOSl.JPG




                /Cftl7
OSC00052.JI'G                DSC00053.JPG
DATE:               March 10, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040055 Address: ·
                    1142 Washington.


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
1142 Washington- Area 12 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: # EN-040055- 1142 Washington

Location and ownership: This structure is located on Washington between
Barclay St. and Davis St. and is owned by Bank One Assoc. 9350 Waxie Way,
San Diego, CA 92123.

Staff Correspondence: A dangerous building inspection was conducted on
05/12/04 and the notice and order to repair was issued on 05/12/04. On 08/05/04
the HBA declared the structure substandard and dangerous.

Owner Contact: No one was present to represent this case for the HBA meeting.
The only contact from the owner was after the first notice was issued. She called
to state she is being foreclosed on. She has moved out and left no forwarding
address with the Inspection Department.

Financial Impact:             General Funds

Budget action required:                  None

State Equalized value:                  $30,900

Estimated cost to repair:               $25,000 Exterior Only

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, March 22, 2004.




C:\Documents and Settings\Potter\Local Settings'lfemporary Internet Files\OLKlA\AGENDA -1142 Washington.doc   page 1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                      1142 Washington

                                             5112104


Inspection noted:

1.      Roof covering on home needs to be replaced. Sheathing and rafter
        investigation required when roof covering is stripped.
2.      Missing, rotted siding on home; replace missing siding- scrape and paint
        entire exterior siding, fascia, soffit, window frames.
3.      Back porch entry of structure is failing -falling away from foundation -
        must be replaced to code.
4.      Remove all non-compliant awnings, starirs, OSB and replace to code.
5.      Repair or replace all foundation damage to meet code.
6.      Remove rear yard shed -severe structural damage and collapsing.
7.      Repair- replace all interior wall, floor and ceiling damaged in each
        apartment.
8.      Smoke alarms required per code- hard wired interconnected.
9.      Provide egress windows in bedrooms.
10.     Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.

11.     All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                     DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1142 Washington.doc
   ,,.._,




                   L-l - u.._N \--:\
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-
DATE:               March 10, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040072: 1694 Pine


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
1694 Pine 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: # EN-040072 -1694 Pine

Location and ownership: This structure is located on Pine between Dale and
Larch and is owned by Joel Ramos.

Staff Correspondence: This case began as a rental complaint because of a
collapsed ceiling. A dangerous building inspection was conducted 06/30/04.
Notice and Order was sent 07/23/04. The case came before the HBA 09/02/04
and was declared dangerous, substandard and a public nuisance.

Owner Contact: The owner wrote a letter to the Inspection Department dated
09/01/04 stating that he had just purchased the home and due to financial strain
was not able to repair it. He asked for six months to make necessary
improvements. An electrical permit was pulled in 02/03/03 but no inspection was
scheduled. No other permits have been pulled or inspections scheduled and no
further contact with owner since that time.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $16,500

Estimated cost to repair:               $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, March 22, 2005.



C:\Documents and Settings\Potter\Local Settings\remporary Internet Files"'LKIA\AGENDA- 1694 Pine.doc   page I of I
DATE:               March 10, 2005

TO:                 Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: EN-040068 Address:
                    1756 Ray- Garage.


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
1756 Ray- Garage 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: # EN-040068 - 1756 Ray - Garage

Location and ownership: This structure is located on Ray between E. Laketon
Ave and E. Larch Ave and is owned by Samuel/Debra McClure.

Staff Correspondence: A dangerous building inspection was conducted on
07/22/04 and the notice and order to repair was issued on 07/23/04. On 09/02/04
the HBA declared the structure substandard and dangerous.

Owner Contact:      There has been no owner contact, no permits issued and no
inspections scheduled.

Financial Impact:             CDBG Funds

Budget action required:                 None

State Equalized value:                  $15,900 (Entire Building)

Estimated cost to repair:               $2,500.00 *Exterior Only -Garage

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, March 22, 2004.




C:\Documents and Settings\Potter\Local Settings\femporary Internet Files\OLKIA\AGENDA- 1756 Ray.doc   page I of I
                            CITY OF MUSKEGON
                   DANGEROUS BUILDING INSPECTION REPORT

                                           1756 RAY
                                           GARAGE

                                             7122104


Inspection noted:

1.      Windows missing.
2.      Doors missing.
3.      Siding missing.
4.      Structural evaluation by building inspector is required.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




DON LABRENZ, BUILDING OFFICIAL                                             DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\1756 Ray-G.doc
,./ Y/ ·- .
DATE:                March 10, 2005

TO:                  Honorable Mayor and Commissioners

FROM:               Anthony L. Kleibecker, Director of Public Safety

RE:                  Concurrence with the Housing Board of Appeals Notice and Order
                     to Demolish. Dangerous Building Case#: EN-040053 Address:
                     291 Washington.


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
291 Washington- Area 10b 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: # EN-040053 - 291 Washington

Location and ownership: This structure is located on Washington between Sixth
St. and Seventh St. and is owned by Bank One Assoc, 9350 Waxie Way, San
Diego, CA 92123.

Staff Correspondence: A dangerous building inspection was conducted on
05/06/04 and an interior inspection on 08/02/04 the notice and order to repair
was issued on 05/07/04. On 08/05/04 the HBA declared the structure
substandard and dangerous.

Owner Contact: Mr. Holden was present to represent this case. He stated he
lives at 291 Washington and can start repairs in 30 days. He was given a copy
of the interior inspection that was conducted earlier in the week at the HBA
meeting. There has been no permits issued or inspections scheduled and no
owner contact since that time.

Financial Impact:              CDBG

Budget action required:                  None

State Equalized value:                   $13,300

Estimated cost to repair:                $30,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, March 22, 2004.


C:\Documents and Settings\Potter\Local Settings'U'emporary Internet Files'OLK1A\AGENDA -291 Washington. doc   page   1 of 1
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       291 Washington

                                              516104


Inspection noted:

1.      Roof covering on home must be completely removed - a sheathing and
        rafter inspection must be scheduled to access the numerous visual
        structural damage. Large holes in roof.
2.      Porch and decks are collapsing and must be rebuilt to code.
3.      Back carport is structurally unstable and does not meet span, loading
        requirements. Remove and rebuild to code - must provide construction
        drawings for review.
4.      Incomplete addition on home - rotted OSB - non-compliant framing.
5.      Siding and windows are broken, missing, must be replaced.

6.      Interior inspection with building, plumbing, mechanical, and electrical
        inspectors required.

7.      All work requires construction permits. These permits must be obtained
        prior to work beginning.

Please contact Inspection Services with any questions at 231-724-6715.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                      DATE




C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\291 Washington.doc
                                    CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                       291 Washington

                                 (INTERIOR INSPECTION)
                                              812104



Inspection noted:

1.      Service - romex not run through fittings.
2.      Circuits not fused.
3.      Bonding jumper is missing.
4.      Metal covers not grounded.
5.      Kitchen to be wired per Michigan Residential Code 2003.
6.      Smoke detectors required per Michigan Residential Code 2003.
7.      Closet light improperly wired (needs new fixtures).
8.      Repair front concrete steps.
9.      Side deck needs repair/replacement.
10.     Interior soffit (already installed) requires permit.
11.     Sister cut floor joist in basement.
12.     Replace all structural damage on roof and back wall section to meet
        Michigan Residential Code 2003.


ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.

PLEASE CONTACT INSPECTION SERVICES WITH ANY QUESTIONS: 231-
724-6715.
ALL WORK REQUIRES A BUILDING PERMIT. THIS PERMIT MUST BE
OBTAINED PRIOR TO WORK BEGINNING.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I
HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN
SECTION 10-61 OF THE MUSKEGON CITY CODE.




HENRY FALTINOWSKI, BUILDING INSPECTOR                                     DATE



C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\291 Washington
(2).doc
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