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CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 24, 2005
CITY COMMISSION CHAMBERS@ 5:30P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Fireworks Display- Muskegon Country Club. CITY CLERK
C. FIRST READING: Amend the City Code of Ordinances - Bike Riding
Prohibited in Specified Areas. CITY CLERK
D. Sale of Buildable Vacant Lot at 340 Meeking. PLANNING & ECONOMIC
DEVELOPMENT
E. Sale of an Unbuildable Vacant Lot at Block 650 Lot 2. PLANNING &
ECONOMIC DEVELOPMENT
F. FIRST READING: Zoning Ordinance Amendment for Veterinary Clinics,
Without Outdoor Kennels. PLANNING & ECONOMIC DEVELOPMENT
G. Aggregates, Highway Maintenance Materials and Concrete. PUBLIC
WORKS
H. City- MOOT Agreement for Park St.. Young Ave. to Laketon Avenue.
ENGINEERING
o PUBLIC HEARINGS:
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Agreement with Digital Spectrum Enterprises, Inc. CDSEl to Manage PEG
Channel 77. ASSISTANT CITY MANAGER
B. FIRST READING: Rezoning Request for Properties Located Within 'Area
12'. PLANNING & ECONOMIC DEVELOPMENT
C. Consideration of Bids: Ireland Ave. Franklin St. to Davis St. & Franklin
St., Laketon Ave. to Ireland Ave. ENGINEERING
D. Consideration of Bids: Fair Avenue. Torrent Street to Addison Street.
ENGINEERING
E. Consideration of Bids: Fifth Avenue, Campus Ave. to Merrill Ave.
ENGINEERING
F. Concurrence With the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1. 1376 Sanford
2. 104 Catherine (Garage)- Area 11
3. 22 E. Muskegon
4. 252 Allen - Area 11
5. 1123 Chestnut- Area 11
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
o CLOSED SESSION: To discuss collective bargaining.
)> 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 lO minutes if previously registered with City Clerk.)
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) 72~6705 OR TDD: (231)
724-4172.
Date: May24, 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 Comnission
Worksession that was held on Monday, May 9, 2005; and the Regular
Commission Meeting that was held on Tuesday, May 10, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
MAY 24, 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, May 24, 2005.
Mayor Warmington opened the meeting with a prayer from Commissioner Shepherd
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 Kevin
Davis, Stephen Gawron, Clara Shepherd, Lawrence Spataro, and Chris Carter, City
Manager Bryon Mazade, City Attorney John Schrier, and City Clerk Gail Kundinger.
2005-47 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that
was held on Monday, May 9, 2005; and the Regular Commission Meeting that was held
on Tuesday, May 10, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Fireworks Display- Muskegon Country Club. CITY CLERK
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting approval of a fireworks
display permit for July 4th at the Muskegon Country Club, 2801 Lakeshore Drive. Fire
Marshall Metcalf will inspect the fireworks. The insurance coverage has been
approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
C. FIRST READING: Amend the City Code of Ordinances - Bike Riding Prohibited
in Specified Areas. CITY CLERK
SUMMARY OF REQUEST: To amend the City Code of Ordinances to repeal and reserve
Chapter 92, Sec. 92-33, section 6.32, bike riding prohibited in specified areas.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the ordinance change.
D. Sale of Buildable Vacant Lot at 340 Meeking. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 340 Meeking
Street to Urban Development and Construction Company, LLC, 109 E. Laketon Ave.,
Muskegon, MI. The lot is 100 x 134 ft. and is being offered to Urban Development and
Construction Company, LLC for $6,750. Urban Development and Construction
Company, LLC will be constructing a 3 bedroom, single family home with a two stall
garage, which will comply with the City's Policy for Sale of City-Owned Residential
Property. The True Cash Value for the property listed in the Assessor's Office is $9,000, so
our price is set at $6,750 which is 75% of that amount.
FINANCIAL IMPACT: The sale of this lot for construction of 1 (one) new home will
generate additional tax revenue for the City and will place the property back on the
City's tax rolls thus relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed.
E. Sale of an Unbuildable Vacant Lot at Block 650 Lot 2. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant unbuildable lot at Blk 650 Lot 2
to Ivan and Sandra Sanford, 2521 McCracken St., Muskegon, MI. The property is being
offered to Mr. and Mrs. Sanford to help clear their property title for $1. According to the
County Treasurer, the property taxes for the lot went unpaid in 1988 only. The property
went up for tax sale and the City obtained the lot in 1995 from the State. The State had
deeded a few properties at that time that had been redeemed by the property owner
to the City, but this property was not one of them. A previous City employee drafted a
memo in 1996 stating that they felt the deed was incorrect due to information they had
at that time. The property had been changed to being owned by Mr. and Mrs. Sanford
and combined with their property located at 2521 McCracken St. by the City Assessor's
Office. They have paid all the property taxes from 1989 to current, maintained the
property, and paid the special assessment. They are working on refinancing their home
and it was found that the City was deeded the property in 1995.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor
and the Clerk to sign said resolution and deed in order to clear this up.
F. FIRST READING: Zoning Ordinance Amendment for Veterinary Clinics, Without
Outdoor Kennels. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 1101 of Article XI (B-2, Convenience
and Comparison Business Districts) to add veterinary clinics, without outdoor kennels,
under Special Land Uses.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to
add language regarding veterinary clinics, without outdoor kennels.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of
the request at their 5/12/05 meeting. The vote was unanimous.
G. Aggregates. Highway Maintenance Materials and Concrete. PUBLIC WORKS
SUMMARY OF REQUEST: Award bid to supply Hl and H2 limestone chip blend to
Verplank Trucking Company. Award bid to supply road slag to Verplank Trucking
Company. Award bid to supply Sylvax patching material to Asphalt Paving, Inc.
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc. Award bid to
supply Calcium Chloride 38% (road brine) arid 32% (winter salting) to Liquid Dustlayer,
Inc. Award bid to supply screened top soil to Verplank Trucking Company. Award bid
to supply 7-sack mix concrete to Port City Redi-Mix Company; contingent upon product
availability, timely deliveries, and prices as quoted.
FINANCIAL IMPACT: $137,000 based on 2004 quantities at 2005 quotes.
BUDGET ACTION REQUIRED: None, monies appropriated in several budgets.
H. City - MOOT Agreement for Park St.. Young Ave. to Laketon Avenue.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the reconstruction of
Park Street from Young Avenue to Laketon Avenue and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MOOT's participation is estimated at $159.450 but not to exceed
81 .85% of eligible cost. The estimated total construction cost (without engineering) of
the project, including the non-participating items of watermain & sanitary sewer, is
$181.400.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come out
of the Major Street and water/sewer funds as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
Motion by Commissioner Gawron, second by Commissioner Carter to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
2005-48 NEW BUSINESS:
A. Agreement with Digital Spectrum Enterprises, Inc. (DSEl to Manage PEG
Channel 77. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: To authorize the Mayor to sign a one-year agreement between
the City of Muskegon and Digital Spectrum Enterprises, Inc. to manage the City's Public
Education & Government (PEG) Channel (77) provided through the Cable Franchise
Agreement.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval.
Motion by Vice Mayor larson, second by Commissioner Spataro to approve the
agreement with Digital Spectrum Enterprises to manage the City's Public Education &
Government Channel 77.
ROLL VOTE: Ayes: larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
B. FIRST READING: Rezoning Request for Properties located Within 'Area 12'.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone multiple properties located within 'Area 12'
(bounded generally by Laketon Avenue, Glade Street, 9th Street, Western Avenue,
Lakeshore Drive, Southern Avenue, and Franklin Street).
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 5/12/05 meeting.
Motion by Commissioner Gawron, second by Commissioner Spataro to approve the
rezoning request for properties located within "area 12".
ROll VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and larson
Nays: None
MOTION PASSES
C. Consideration of Bids: Ireland Ave, Franklin St. to Davis St. & Franklin St..
laketon Ave. to Ireland Ave. ENGINEERING
SUMMARY OF REQUEST: The reconstruction as well as underground utilities upgrade
contract (H-1600) on Ireland Avenue between Franklin Street and Davis Street and (H-
1602) on Franklin Street between Laketon Avenue and Ireland Avenue be awarded to
McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest
responsible bidder with a bid price of $362,361 .59.
FINANCIAL IMPACT: The construction cost of $362,361 .59 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
Motion by Vice Mayor Larson, second by Commissioner Davis to award the contract for
Ireland Avenue between Franklin Street and Davis Street and on Franklin Street between
Laketon Avenue and Ireland Avenue to McCormick Sand, Inc.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
D. Consideration of Bids: Fair Avenue, Torrent Street to Addison Street.
ENGINEERING
SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract (H-1598)
on Fair Avenue between Torrent Street and Addison Street be awarded to Schultz
Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $112,618.85.
FINANCIAL IMPACT: The construction cost of $112,618.85 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Commissioner Spataro, second by Vice Mayor Larson to award the contract
for Fair Avenue, Torrent Street to Addison Street to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and Spataro
Nays: None
MOTION PASSES
E. Consideration of Bids: Fifth Street. Campus Ave. to Merrill Ave. ENGINEERING
SUMMARY OF REQUEST: The paving as well as underground utilities upgrade contract
(H-1599) on Fifth Street, between Campus Avenue and Merrill Avenue be awarded to
Schultz Excavating, Inc., out of Ludington, MI. Schultz Excavating, Inc., was the lowest
responsible bidder with a bid price of $349,006.25.
FINANCIAL IMPACT: The construction cost of $349,006.25 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Schultz Excavating, Inc.
Motion by Vice Mayor Larson, second by Commissioner Gawron to award the contract
for Fifth Street, Campus Avenue to Merrill Avenue to Schultz Excavating, Inc.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and Warmington
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 are unsafe, substandard, a
public nuisance and that they be demolished within thirty 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.
1376 Sanford
1376 Sanford was withdrawn by staff.
252 Allen - Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
1123 Chestnut- Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Commissioner Shepherd to concur with
the Housing Board of Appeals notice and order to demolish 252 Allen and 1123
Chestnut.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and Carter
Nays: None
MOTION PASSES
104 Catherine (Garage)- Area 11
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Spataro, second by Vice Mayor Larson to concur with the
Housing Board of Appeals notice and order to demolish the garage at 104 Catherine.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
MOTION PASSES
22 E. Muskegon
FINANCIAL IMPACT: CDBG Funds.
BUDGET ACTION REQUI RED: None.
STAFF RECOMMENDATION : To concur w ith the Housing Board of Appeals decision to
demolish.
Motion by Commissioner Shepherd, second by Vice Mayor Larson to concur with the
Housing Board of Appeals notice and order to demolish 22 E. Muskegon.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron
Nays: None
MOTION PASSES
2005 -49 CLOSED SESSION: To discuss collective bargaining .
Motion by Commissioner Spataro, second by Commissioner Carter to go into Closed
Session to discuss collective bargaining at 6:27p.m.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Carter to go back into
Open Session at 6:57p.m.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission Meeting adjourned at 6:58p.m .
Respectfully su.b ; itted,
~Q . K~\N~r
Gail A. Kundinger, MMC
City Clerk
Q:ity of
~tatr of ilir~igau
WHEREAS, Zion Tabernacle House of God, 1282 Fourth Street, located in the City
of Muskegon, will hold a Pre-Memorial Day Service at 11:00 a.m. on
Sunday, May 29, 2005; and
WHEREAS, this service will honor the memory of all who, on our behalf, have
answered our nation's call to serve in the Armed Services and/or have
answered our community's call to serve in a peacekeeping role; and
WHEREAS, this service will mourn the loss of life, be it through service to country
or community, or any unnecessary act of violence; and
WHEREAS, this service will recollect our past and encourage continued efforts by
church, community, and government in the pursuit of peace among
mankind; and
WHEREAS, the City of Muskegon desires to acknowledge this special service, a first
for the Tabernacle.
NOW, THEREFORE, BE IT RESOLVED, that the City of Muskegon hereby recognizes
Zion Tabernacle House of God for its first Pre-Memorial Day Service
and encourages the .community's participation.
IN WITNESS WHEREOF, I hereunto set my
hand and cause the Seal of the City of
Muskegon to be affixed this 24th day of
May, 2005.
Stephen J. Warmington
Date: May24, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display- Muskegon Country Club
SUMMARY OF REQUEST: Melrose Pyrotechnics, Inc., is requesting
approval of a fireworks display permit for July 41h at the Muskegon
Country Club, 2801 Lakeshore Drive. Fire Marshall Metcalf will inspect
the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the
fireworks.
FM-51 (3-98)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
APPLICATION FOR FIREWORKS DISPLAY PERMIT
[81 PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL Date of Application 4/5/05
Name of Applicant Address Age (18 or over)
MELROSE Pl'ROTECHNICS, INC P. 0. BOX 302, KINGSBUR 1', IN 46345
If a Corporation, Name of President Address
MICHAEL CARTOLANO P.O. BOX 302, KINGSBURI', IN 46345
If a Non-resident Applicant: Name of Ml Address Phone No.
Attorney or Resident Agent (6 16) 794-0205
MIKE VANLOO P.O. BOX 123, BELDING, Ml48809
Name of Pyrotechnic Operator Address Age (18 or over)
MIKE VANLOO P.O. BOX 123, BELDING, All 48809 35
No. Years Experience No. Displays Where
141'EARS 250+ MICHIGAN, ILLINOIS, INDIA NA , KENTUCKY, 01110
Name of Assistant: Address Age
JOifN KLAPKO P.O. BOX 123, BELDING, !11148809 41
Name of Other Assistant: Address Age
SCOTT FERMAN P.O. BOX 123, BELDING, Ml48809 37
Exact Location of Proposed Display
Muskegou County Club grounds
Date of Proposed Display Ju(1• 4, 2005 Time of Proposed Display Dusk
No. Of Fireworks Kind of Fireworks to be Displayed
;lpproximatell• /, 200 Aerial displm• shells rrmf!illf! iu size from I 1/4 iuche.1 to 8 inches iu diameter
Manner & Place of Storage Prior to Display (Subject to Approval of Local Fire Authorities)
NO STORAGE NECESSA R I', DEL! JIERED ON DATE 0 F DISPLA I'
Amount of Bond of Insurance (to be set by local gov't)
55,000 000.00
I Name of Bonding Corporation or Insurance Company
BRITTON-GALLAGHER & ASSOCIATES
Address of Bonding Corporation or Insurance Company
6240 SOM CENTER RD.. CLEVELAND, OH 44139
Signature of Applicant
iJfMtdd fJ ehJJ&! ()
For Melrose P!•roleclmics, Inc.
SEE OTHER SIDE FOR INSTRUCTIONS
Authority: 1968 PA 358
Compliance: Voluntary but a permit will
not be issued without an
application.
FM-49 (6099)
MICHIGAN STATE POLICE
FIRE MARSHAL DIVISION
PERMIT
FOR FIREWORKS DISPLAY
This permit is not transferable. Possession of this permit authorizes the herein named person to possess,
transport, and display fireworks in the amounts, for the purpose of and at the place listed below only.
[gi PUBLIC DISPLAY 0 AGRICULTURAL PEST CONTROL
Issued To
MELROSE PYI/OTECHNICS, INC
I Age (18 or over)
Address
P.O. BOX 12.1, BELDING", M/48809
Name of Organization, Group, Firm, or Corporation
Muskef!OI/ OmllfTI' Club
Address
2801 Lake.\'IJOre Drive, A/usk£'1!011, Ml
Number and Types of Fireworks
Approximate(r 1,200 aerial di.\pluy site//.\" muging in .\'i:.ejl'om I 114 iuclle.\· to 8 inches in dhmll'fer
Exact Location of Display
28(J/ Luke.\·/wre Drh•e
City, Village, Township j Date Time
/lfl/.\'kl'f!OII JufJ•4,20fJ5 Dusk
Bond or Insurance Filed? Amount
~ Yes D No ss,nno,oon.oo
Issued by action of the D council IXl commission D board of the
rXl city D village D township of --"M"'"'u""'s""'k"'e"'g'"o><-n<=----------------
(Name of City, Village, Township)
Ma 2005
~~~17Commission/Board Representative)
Warmington
AUTHORITY: 1968 PA 358
COMPLIANCE: Required
PENALTY:
DATE{MM/DDNYYY)
ACORD,. CERTIFICATE OF LIABILITY INSURANCE I 4/20/2005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Britton-Gallagher and Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6240 SOM Center Rd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cleveland OH 44139
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Lexington Insurance Co
Melrose Pyrotechnics/ Inc. INSURERS: Granite State Insurance Co.
P.O. Box 302 Arch Specialty Ins Company
INSURERC:
Kingsbury IN 46345 Travelers Indemnity Co
INSURERD:
INSURERE:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR r,g~~
INSR POLICY EFFECTIVE POLICY EXPIRATION
TYeE• POLICY NUMBER LIMITS
A ~NERAL LIABILITY 2831404 4/1/2005 1/15/2006 EACH OCCURRENCE sl,OOO,OOO
DAMAG~~~rRENTED $SO, 000
~ aMERCIAL GENERAL LIABILITY PREMISE.§.J.Sa occurencel --
_ CLAIMS MADE ~ OCCUR MED EXP (Anyone parson) $
PERSONAL &ADV INJURY ,1,000,000
-
-
GENERAL AGGREGATE s2,ooo,ooo
~'LAGG~FxrE~LIMIT APnS PER: PRODUCTS -COMP/OP AGG s2,ooo,ooo
POLICY X ~~2-f LOG
B ~TOMOBILE LIABILITY CA62659312 4/1/2005 1/15/2006 COMBINED SINGLE LIMIT
1 1,000,000
~ANY AUTO (Ee accident)
-
All OWNED AUTOS BOD!L Y INJURY
(Per person) $
SCHEDULED AUTOS
x HIRED AUTOS
'x
f-
NON·OWNED AUTOS
BODILY INJURY
(Per accident) •
f- PROPERTY DAMAGE
(Per accident) •
RRAGE LIABILITY
ANY AUTO
AUTO ONLY- EAACCIDENT
EAACC
•
OTHER THAN
AUTO ONLY: '
c ~ESS/UMBRELLA LIABILITY ULP0005662 4/1/2005 1/15/2006 EACH OCCURRENCE
AGG
'$4,000,000
OCCUR D CLAIMS MADE AGGREGATE ,4,000,000
$
~ DEDUCTIBLE
RETENTION '10, 000 '
D WORKERS COMPENSATION AND 401X5907 4/1/2005 4/1/2006 x 1T"f,~ntJ~¥• 1 1°Jit '
EMPLOYERS' LIABILITY
E.L.. EACH ACCIDENT ,1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE· EA EMPLOYEE , 1 ,__ooo, ooo
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE· POLICY LIMIT sl,OOO,OOO
OTHER
DESCRIPTION OF OPERATJONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
DISPLAY DATE: July 4, 2005
LOCATION: Muskegon Country club - Muskegon, Michigan
ADDITIONAL INSURED: Muskegon Country Club; City of Muskegon, Michigan; Mr. Ron Whorton
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
Muskegon Country Club WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
Mr. Todd Beals CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
2801 Lakeshore Drive SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Muskegon MI 49441 THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
{kP.I:Ik=
ACORD 25 (2001/08) ©ACORD CORPORATION 1988
Date: May 24,2005
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Amend the City Code of Ordinances
SUMMARY OF REQUEST: To amend the City Code of Ordinances to repeal and
reserve Chapter 92, Sec. 92-33, section 6.32, bike riding prohibited in specified
areas.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the ordinance change.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2151
An ordinance to repeal and reserve Chapter 92, Sec. 92-33, section 6.32 (Riding prohibited
in specified areas) ofthe City of Muskegon Code of Ordinances.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Chapter 92, Sec. 92-33, section 6.32 (Riding prohibited in specified areas) of the City of
Muskegon Code of Ordinances is hereby repealed and reserved.
This Ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
Adoption Date: May 24,2005
Effective Date: June 11, 2005
First Reading: May 24,2005
Second Reading: N/A
CITY OF MUSKEGON .
Gail A. Kundinger, MMC
City Clerk
CERTIFICATE
The undersigned, being duly qualified Clerk of the City ofMuskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 241h day of May, 2005, at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon Clerk's Office. I further certify that the meeting was conducted and public notice was
given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be or have been made available as require thereby.
DATED: May 24, 2005
Clerk, City of Muskegon
shall assign a number to each bicycle so registered and delivery to the applicant
a license plate bearing the number so assigned. Such license plate shall be
firmly attached to the rear of the bicycle and shall be valid for that bicycle only
and shall not be transferred from one bicycle to another. Upon assigning such
number and issuance of such plate, the number of such bicycle shall be stamped
upon the framework of the bicycle so registered .
(2) All bicycle license plates shall remain the property of the city, and the chief of
police or any of the policemen of the city are hereby authorized to confiscate and
take possession and custody of any such plate attached to any such bicycle for
which it was not issued, or when the person to whom the plate was issued has
made or is making unlawful use thereof.
(3) In the event of the loss of a plate issued under this section, a duplicate plate may
be obtained by paying the cost thereof to the city.
(4) A person who violates this section is responsible for a civil infraction.
Section 6.30. After section 6.29, add section 6.30 as follows:
Section 6.30. Removal , alteration, etc., of license or frame number, license plate, seal,
etc.
(1) It shall be unlawful for any person to willfully or maliciously remove, destroy,
mutilate or alter the number of any bicycle frame registered pursuant to the
article. It shall be unlawful for any person to remove, destroy, mutilate or alter
any bicycle license plate, seal or registration card during the time in which such
license plate, seal or registration card is operative. Nothing in this section shall
prohibit the police department from stamping numbers on the frames of bicycles
on which no serial number can be found , or on which such number is illegible or
insufficient for identification purposes.
(2) The police department is herewith empowered and authorized to impound any
unlicensed bicycle or any bicycle found with the license or frame number
removed , destroyed, mutilated or altered until such time as the person in
possession, or the owner of the bicycle, can prove ownership. In the event proper
ownership is not proven within 60 days after the date of impoundment, the
bicycle can be sold at public auction.
(3) A person who violates this section is responsible for a civil infraction.
Section 6.31. After section 6.30, add section 6.31 as follows:
Section 6.31 . Riding prohibited on limited access or multilane roadway.
(1) No person shall ride any bicycle on Apple Avenue, Laketon Avenue, Webster
Avenue, Muskegon Avenue, Sherman Boulevard, Seaway Drive, or any other
limited access or multilane roadway within the city, where parking has been
prohibited. Any person operating along these routes shall be required to use the
pedestrian walkway adjacent thereto.
(2) A person who violates this section is responsible for a civil infraction.
------Section 6.32. After section 6.31, add section 6.32 as follows:
Section 6.32. Riding prohibited in specified areas.
1) No person shall ride any bicycle anywhere in the following area: that area
bounded on the north and south by Western Avenue and Clay Avenue and their
adjacent sidewalks, both inclusive, and bounded on the east and west by Pine
Street and Fourth Street, and their adjacent sidewalks, both inclusive. This same
prohibition upon riding shall extend to the easterly side of Jefferson Street and its
adjacent sidewalk between Clay Avenue and Webster Avenue.
(2) A person who violates this section is responsible for a civil infraction.
d section 6.33 as fot s:
Section 6.33. Operation in dangerous districts.
(1) If the safety of the operator of a bicycle, the condition of the sidewalk or highway,
the foot or vehicular traffic, including the safety of pedestrians, is such in any
district as to require the operator of the bicycle to dismount and push the vehicle
or to avoid such district in the exercise of ordinary caution and prudence, it shall
be the duty of such operator of any bicycle to dismount and push the same
through such dangerous district or to avoid the district entirely while it is unsafe
for the operation of such bicycle.
(2) A person who violates this section is responsible for a civil infraction.
Section 6.34. After section 6.33, add section 6.34 as follows:
Section 6.34. Pedal bicycle with helper motor not to be ridden on sidewalks.
(1) No person shall ride a pedal bicycle with helper motor on city sidewalks.
(2) A person who violates this section is responsible for a civil infraction.
Section 6.35. After section 6.34, add section 6.35 as follows:
Section 6.35. Racing and trick riding.
(1) It shall be unlawful for any person riding a bicycle to race with any other person
riding a bicycle, to ride without using both hands on handlebars, or to indulge in
other trick riding upon any streets, sidewalks, avenues, lanes, alleys, parks,
bridges or other public places within the city.
(2) A person who violates this section is responsible for a civil infraction.
Section 6.36. After section 6.35, add section 6.36 as follows:
Section 6.36. Riding abreast, curving to and fro.
(1) It shall be unlawful to ride abreast on bicycles upon any highway or public street,
or to ride curving to and fro thereon. It shall be unlawful for bicycles to be ridden
abreast on the sidewalks of the city, except when passing.
(2) A person who violates this section is responsible for a civil infraction.
State law reference(s)--Riding abreast on highways, MCL 257.660(2).
Section 6.37. After section 6.36, add section 6.37 as follows:
Section 6.37. Riding on private property.
(1) No person riding a bicycle shall ride the same upon or across the private property
of another person without the permission of the owner of such property or the
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 24,2005, the City Commission of the City of Muskegon adopted
an ordinance to repeal and reserve Chapter 92, Sec. 92-33, section 6.32 (Bike riding prohibited in
specified areas) of the City of Muskegon Code of Ordinances.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date ofthis publication.
Published June 1, 2005.
CITY OF MUSKEGON
By:
--~~~=-~--~~~------
Gail A. Kundinger, MMC
City Clerk
Commission Meeting Date: May 24, 2005
Date: May6, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department dC
RE: Sale of Buildable Vacant Lot at 340 Meeking
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 340 Meeking Street (Parcel #24-613-000-
0689-00) to Urban Development and Construction Company, LLC, 109 E. Laketon Ave,
Muskegon, MI. The lot is 100 x 134 ft. (13,400 sq. ft.) and is being offered to Urban
Development and Construction Company, LLC for $6,750. Urban Development and
Construction Company, LLC will be constructing a 3 bedroom, single family home with a two
stall garage, which will comply with the City's Policy for Sale of City-Owned Residential
Property. The True Cash Value (TCV) for the property listed in the Assessor's office is
$9,000, so our price is set at $6,750 which is 75% of that amount.
FINANCIAL IMPACT:
The sale of this lot for construction of 1 (one) new home will generate additional tax revenue
for the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed.
COMMITTEE RECOMMENDATION:
None.
5/6/05
Resolution No. 2005-47(d)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT AT 340
MEEKING STREET IN MARQU ETTE NEIGHBORHOOD FOR $6,750.
WHEREAS , Urban Devel opment and Construction Company, LLC has placed a $400
deposit for the parcel designated as parcel number 24-613 -000-0689-00, located at 340
Meeking Street; and
WHEREAS, the price for parcel number 24-613-000-0689-00 is set by the City at
$6,750, which is 75% of the True Cash Value (TCV) listed in the City Assessor's
Office; and
WHEREAS, the sale would generate additional tax revenue for the City and relieve the
City of further maintenance costs; and
WHEREAS, the sale is consistent with City policy regarding the disposition of buildable
lots.
NOW THEREFORE BE IT RESOLVED, that parcel number 24-6 13-000-0689-00,
located at 340 Meeking Street be sold to Urban Development and Construction
Company, LLC for $6,750.
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4 S Yz OF LOT 688 &
ALL LOTS 689
Adopted this 241h day ofMay, 2005.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Cm1er, and Davis
Nays: None
Absent: None
Gail Kundinger, MMC
City Clerk
CERTIFICATION
2005-47(d)
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan at a regular meeting held on May 24, 2005.
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made @ 0 '-' c:l ( , 2005, by and between the
CITY OF MUSKEGON, a municipal corpdfation, with offices at 933 Terrace, Muskegon,
Michigan 49440 ("Seller"), and Urban Development and Construction Company, LLC, a
Michigan limited liability company, of 109 E. Laketon Avenue, Muskegon, Michigan 49442
("Buyer").
1. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy real estate, and all improvements thereon, with all beneficial easements, and
with all of Seller's right, title and interest in all adjoining public ways, the real property located in
the City of Muskegon, Muskegon County, Michigan ("Premises"), and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4, LOT 688 & ALL
OFLOT689
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase p1ice for the Premises
shall be Six Thousand Seven Hundred Fifty and no/100 Dollars ($6,750.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (1 0) days prior
to closing, a commitment for title insurance, issued by Land America Transnation Title
Insurance Company, for an amount not less than the purchase price stated in this Agreement,
guaranteeing title on the conditions required herein. In the event the reservations, restrictions or
easements of record disclosed by said title commitment is, in the sole discretion of Buyer,
deemed unreasonable, Seller shall have forty-five (45) days from the date Seller is notified in
writing of such unreasonableness of restriction and such unmarketability of title, to remedy such
objections. If Seller resolves such restrictions and remedies the title (by obtaining satisfactory
title insurance or otherwise) within the time specified, Buyer agrees to complete this sale as
herein provided, within ten (1 0) days of written notification thereof. If Seller fails to resolve
such restrictions or remedy the title within the time above specified or fails to obtain satisfactory
title insurance, this Agreement will be terminated at Buyer's option. The premium for the
owner's title policy shall be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
premises one (1) single-family home, up to all codes, within eighteen (18) months of the closing
of this transaction. Buyer may only remove those trees necessary for construction of the home
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sa!es\340 Meeking\Purchase agreement. DOC
and driveway. The home shall be substantially completed within eighteen (18) months and, in
the event said substantial completion has not occurred, or the restriction of this paragraph
relating to tree removal is violated, in the sole judgment of the City, the property and all
improvements then installed shall revert in title to the City, without any compensation or credit
to Buyer. Buyer further covenants that the home shall be owner occupied for five (5) years after
the closing. The covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY W AlVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WANES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUBSTANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both acknowledge and agree that
neither has dealt with any real estate agents, brokers or salespersons regarding this sale, and that
no agent, broker, salesperson or other party is entitled to a real estate commission upon the
closing of this sale. Buyer and Seller both agree to indemnify and hold the other harmless from
any liability, including reasonable attorney fees, occasioned by reason of any person or entity
asserting a claim for a real estate commission arising from actions taken by the other party.
9. Closing. The closing date of this sale shall be on or before----:-----::=-:-:--::----
2005 ("Closing"). The Closing shall be conducted at Land America Transnation Title Insurance
Company, 570 Seminole Road, Ste. I 02, Muskegon, MI 49444. If necessary, the parties shall
execute an IRS closing report at the Closing.
0:\Pianning\COMMON\Property\Buildable lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement. DOC
I 0. Delivery of Deed. Seller shall execute and deliver a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit ofTitle.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e. Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
g. Survival of Representations and Warranties. The representations,
warranties, covenants and agreements contained in this Agreement and in any instrument
provided for herein shall survive the Closing and continue in full force and effect after
the consummation of this purchase and sale.
0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement. DOC
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
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BUYER: URBAN DEVELOPMENT AND
CONSTRUCTION COMPANY, LLC
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Its: Member
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0:\Pianning\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\Purchase agreement.DOC
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,;oa:V/(J)
ACCOMMODATION LETTER s--~r-or
Date: June 06 2005
RE: 340 Meeking Street
Muskegon, MI 49442
Escrow No.: MUS438570
We, the undersigned buyers and sellers, herein acknoWledge and agree that the closing, held as of
this date, on the above captioned property, is not being disbursed, and will not be considered
complete until the following requirements have been met:
•
Holding in Accommidation until reciept of funds from Scott Lubber at Fifth Third.
Scott is financing 100% of Construction which includes purchase of land.
If the above requirements have not been fulfilled by 06/30/2005 papers signed today and will be null
and void and all monies will be returned to the remitter(s). Upon making such delivery, and
performance of any other services included above, you will thereupon be released and acquitted from
any further liability concerning the deposit, it being expressly understood that liability in any event is
limited by the terms and conditions set forth herein. By acceptance of this agency, you are in no
way assuming any responsibility for the validity or authenticity of the subject matter of the deposit.
The undersigned further agree to hold harmless Transnation Title Insurance Company for loss or
damage resulting from the failure to perform.
The City of Muskegon
Closing Agent:
tj;l~itll~lf£1anner i Lender and/or Broker:
Urban Development and Construction Co., LLC
DELIVERY INSTRUCTIONS:
Buyers: __ Mail _ _ _ Delivery by Salesperson _ _ _ _ Pickup
Sellers: __ Mail _ _ _ Delivery by SalespersOn _ _ _ _ Pickup
Listing Commission: _ _ Pickup ___ Deliver
Selling Commission: _ _ Pickup ___ Deliver
ACKNOWLEDGEMENT OF HOMEOWNER'S PRINCIPLE RESIDENCE EXEMPTION
AFFIDAVIT AND REQUEST TO RESCIND HOMESTEAD EXEMPTION AND PROPERTY
TRANSFER AFFIDAVIT·
Date: June 06, 2005
Commitment No.: MUS438570
Property: 340 Meeking Street, Muskegon, Ml 49442
The undersigned herby acknowledges receipt of Property Transfer Affidavit form (Michigan
Department of Treasury Form No. L-4260) as same is required by Public Act 415 of 1994 which
imposes obligations on buyers/transferees to file said form within 45 days of the date of transfer.
The undersigned further acknowledges that Transnation Title Insurance Company is under no
obligation to provide said form but does as an accommodation to the undersigned. The
undersigned assumes all liability relative to compliance with the Act and, accordingly, holds the
Company harmless from and against any liability relative thereto.
Please check one of the following:
0 The undersigned do not request that Transnation Title Insurance Company file the form on
their behalf.
~The undersigned have fully and properly completed the form and request that Transnation
Jhtte Insurance Company mail the form by first class mail and acknowledges that the Company
'shall not be liable in the event that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or properly processed by the local tax
collecting unit.
The undersigned herby acknowledge receipt of the Homeowner's Principle Residence Exemption
Affidavit (Michigan Department of Treasury Form No. 2368) as same is required by Public Act 415
of 1994 which imposes obligations on Purchasers/Transferees to file the form within 45 days of
the date of transfer. The undersigned further acknowledge(s) that Transnation Title Insurance
Company is under no obligation to provide said form but does so as an accommodation to the
undersigned. The undersigned assume(s) all responsibility relative to compliance with the Act
·~d, accordingly, holds the Company harmless from and against any liability relative thereto.
The undersigned do not request that Transnation Title Insurance Company file the form on
th ir behalf. o
0 The undersigned have fully and properly completed the form and request that Trans nation
Title Insurance Company mail the form by first class mail and acknowledges that the Company
shall not be liable in the event that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or properly processed by the local tax
collecting unit.
BUYERS:
Urban Development and Con truction Co., LLC
( . <:;.. ··
By ··Paul Witek, Me ber
Michigan Department of Treasury L-4260
2766 (Rrv. 7-UO)
Thisjom1 is issued under altthority of
PROPERTY TRANSFER AFFIDAVIT P.A. 415 of 1994. Filing is mandatory.
This form must be filed whenever real estate or some txpes of personal property arc transfen·ed (even if you
are not recordmg a deed). It IS used by the assessor to msure the propelty 1s assessed properly and receives
the coJTect taxable value. It must be filed by the new owner with the assessor for the city or township
where the property is located within 45 days of the transfer. If it is not filed timely, a penalty of $5/day
(maximum $200) applies The information on this form is NOT CONFIDENTIAL
1. Street Address of Property 2. County 4. Date of Transfer {or land contract was signed)
340 Meeking Street Muskegun June 6, 2005
3. Cityrfownship/Village of Real Estate Township/City/Village
City Muskegon 5. Purchase Price of Real Estate
$6,750.00
6. Property Identification Number [EJM. If you don't have a PIN, attach a legal description. PIN. This number ranges from 10 to 25 digits. It
61-24-613-000-0689-00, usually includes hyphens and sometimes includes
letters. It is on the property tax bill and on the
assessment notice.
7. Seller's (Transferor) Name 8. Buyer's (Transferee) Name and Mailing Address
Citv of Muskegon, a municipal corporation I Urban Development and Construction Company, LLC, a Michigan
Limited Liability Company
Items 9~ 13 are optional. However, by completing
them you may avoid further correspondence.
340 Hooki•g Slfeet-- I •' 9 hfl!(r:T&A/
Muskegon MI 49442
Trausfers include deeds, land contracts, transfers involving
trusts or wills, certain long-term leases and interest in a ,9. Type ofTmnsfer?
business. See the back for a complete list.
II. Amount of Down Payment
I 0. Is the transfer between related persons?
l12. If you Gnanced the pmchase did you p:~y market rate of jnterest? 13. Amount Financed (Borrowed)
Exemptions ______________________________________________________________________________________
The Michigan Constitution limits how much a property's taxable value can increase while it is owned by the same person. Once
the property is transferred, the taxable value must be adjusted by the assessor in the following year to 50 percent of the
property's usual selling price. Certain types of transfers are exempt from adjustment. Below are brief descriptions of the types of
exempt transfers; full descriptions are in MCL Section 211.27a(7)(a-n). If you believe this transfer is exempt, indicate below the
type of exemption you are claiming. If you claim an exemption, your assessor may request more information to support your
claim.
D transfer from one spouse to the other spouse
D change in ownership solely to exclude or include a spouse
D transfer of that portion of a property subject to a life lease or life estate (until the life lease of life estate expires)
D transfer to effect the foreclosure or forfeiture of real property 'f
D transfer by redemption from a tax sale
D transfer into a trust where the settlor or the settlor's spouse conveys property to the trust and is also the sole beneficiary of the trust
D transfer resulting from a court order unless the order specifies a monetary payment
D transfer creating or ending a joint ownership if at least one person is an original owner of the property (or his/her spouse)
D transfer to establish or release a security interest (collateral)
D transfer of real estate through normal public trading of stocks
D transfer between entities under Common control or among members of an affiliated group
D transfer resulting from transactions that qualify as a tax-free reorganization
D transfer of qualified agricultural pr(!perty when the property remains qualified agricultural properfy and affidavit has been filed.
D other, specify:
Certification -------------------------------:------:--c------:c---c----:---:---------------------------
I certify that the information above is true and complete to be best of my knowledge.
( ~~~~~~~~----~-------------.
Ownet'S S~~at_ul$. lfsigner is other than the owner, print name and title.
· Ct:J-
--~---"'"·-..,_..:... __ _
Q!l!T-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation,
of933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to Urban Development and Construction Company, LLC, a Michigan limited liability
company, of 109 E. Laketon Avenue, Muskegon, Michigan 49442,
the following described premises situated in the City of Muskegon, County of Muskegon, State of
Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO.4,
SOUTH Y, OF LOT 688 & ALL OF LOT 689
for the sum of Six Thousand Seven Hundred Fifty and no/100 Dollars ($6,750.00)
PROVIDED, HOWEVER, Grantee, or its assigns, shall complete construction of one (I) single family
home on the premises herein conveyed within eighteen (18) months after the date hereof. In default of such
construction, title to the premises shall revert to the City of Muskegon free and clear of any claim of
Grantee or its assigns. In addition, the City of Muskegon may retain the consideration for this conveyance
free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary for
construction of the homes and driveways. 11 Complete construction" means; ( l) issuance of a residential
building permit by the City of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of
Inspections, substantial completion of the dwelling described in the said building permit. In the event of
reversion of title of the above-described premises, improvements made thereon shall become the property
of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one {I) single family home, and it shall be owner-occupied for five (5) years after the
date of this deed. These covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this ~day of C(\.a :J '2005.
Signed in the presence of:
c{;:j~ /o~
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before" me in Muskegon County, Michigan, on .,?~ , 2005, byll!ott
STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor ada Clerk, respectively, of
the CITY OF MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: John C. Schrier
Parmenter 0 1Toole
175 W. Apple Avenue/P.O. Box 786 :-f!'lh~"'~. .s.."A:~~>?"a.."!'"'...L""'-"---.,--=--county, Michigan
Muskegon, Ml 49443-0786 My Comm~rfxPires: -~2'-'-'-'.;?"'--'S'.>.c:.-..<.0'-"?'----~
Telephone: 2311722-1621
WHEN RECORDED RETURN TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
0:\Ptannlng\COMMON\Property\Buildable Lot Sales\2005 Buildable Lot Sales\340 Meeking\QUIT claim
deed.doc
Date: June 06 2005
Commitment No.: MUS438570
Property Address: 340 Meeking Street, Muskegon, Michigan 49442
The undersigned hereby acknowledge receipt of a Request to Rescind Homeowner's Principle
Residence Exemption Affidavit form (Michigan Department of Treasury Form No. 26092) as same is
required by Public Act 237 of 1994.
·~he
~If.
undersigned do not request that Transnation Title Insurance Company file the form on their
·
D The undersigned have fully and properly completed the form and request that Transnation Title
Insurance Company file the form with the appropriate local tax collecting unit. The undersigned
acknowledges and agrees that the Company will mail the form by first class mail, and that the
Company shall not be liable in the event that any of the information provided on said form is
inaccurate or incomplete, or in the event that said form is not received or properly processed by the
local tax collecting unit.
Sellers:
The City of Muskegon
Transnation Title Insurance Company
570 Seminole Rd Ste 102, Muskegon, MI 49444
Phone: 231-737-9111 Fax: 231-737-7304
BUYERS ACCEPT PROPERTY "AS IS"
Date: June 06, 2005
Property: 340 Meeking Street
Muskegon, MI 49442
Commitment No.: MUS438570
We, the undersigned, being the buyers of the above captioned property, understand and
acknowledge that Buyer(s) are buying the property in an "AS IS" condition and that neither the
Seller(s) nor Realtor make any warranties as to the structure(s) located upon the land purchased
or the condition thereof.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility andjor liability, loss or damage relative thereto .
•
The foregoing agreement is hereby accepted and approved on June 06, 2005.
Urban Development and Construction Co., LLC
-_\"~~~I' I
By-~~~~~~~~ ~-)'--;t~ VI_}X:;;~p~
( - \ r----
'
CONTINGENCY REMOVAL
Date: June 06, 2005
Property: 340 Meeking Street
Muskegon, MI 49442
Seller(s): City of Muskegon, a municipal corporation
Buyer(s): Urban Development and Construction Company, LLC, a Michigan Limited Liability
Company
Commitment No.: MUS438570
In reference to the sales agreement dated 5/24/2005 between the Buyer(s) and Seller(s)
herein identified, and all subsequent addendums to that agreement for the property stated above,
it is agreed by the Buyer(s) and Seller(s) that all contingencies pursuant to said agreement, have
been met, resolved or removed to the satisfaction of all parties concerned.
Further, the undersigned agree to indemnify, save and hold harmless and and
Transnation Title Insurance Company, from any responsibility and/or liability, loss or damage
relative thereto.
Urban Development and Construe ion Co., LLC
The City of Muskegon
~~it~~~ Planner/
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Amy Fett Title No.: MUS438570
Date: 06/06/2005
SELLER'S SETILEMENT STATEMENT
Seller(s): City of Muskegon, a municipal Buyer(s): Urban Development and Construction
corporation Company, LLC, a Michigan Limited Liability
0 Company
Property: 340 Meeking Street
Muskegon, MI 49442
Muskegon Urban Renewal 4, Lot 688 & 689
DEBIT CREDIT
Contract Sales Price $6,750.00
Earnest money held by seller $400.00
Commission Paid at Settlement $0.00
to
to
Settlement or closing fee to LandAmerica Transnation $125.00
Title insurance to LandAmerica Transnation $214.00
***** Sub Total $739.00 $6,750.00
Balance Due To Seller $6,011.00
Total $6,750.00 $6,750.00
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
Broker:
The City of Muskegon
~W-i£¥~~-r\ By:
Transnation Title Insurance Company
570 Seminole Rd Ste 102
Muskegon, MI 49444
Escrow Officer: Amy Fett Title No.: MUS438570
c
PURCHASER'S SETTLEMENT STATEMENT
Date: 06/06/2005
Buyer(s): Urban Development and Construction Seller(s): City of Muskegon, a municipal corporation
Company, LLC, a Michigan Limited "
Liability Company
Property: 340 Meeking Street
Muskegon, MI 49442
Muskegon Urban Renewal 4, Lot 688 & 689
DEBIT CREDIT
Contract Sales Price $6,750.00
Deposit or earnest money $400.00
Settlement or closing fee to LandAmerica $125.00
Transnation
Recording Deed: Mortgage: Releases: $14.00
Fees $14.00
***** Sub Total $6,889.00 $400.00
Balance Due From Borrower $6,489.00
Total $6,889.00 $6,889.00
The above figures do not include sales or use taxes on personal property.
ACCEPTED AND APPROVED
Broker:
Urban Development and Construe on Co., LLC
By:
. --
SURVEY WAIVER
Date: June 06, 2005
Property:340 Meeking Street
Muskegon, MI 49442
Commitment No.: MUS438570
We, the undersigned, herein acknowledge that we have been strongly advised to obtain a
land survey showing the dimensions of the property and the location of all buildings situated
thereon. We have agreed, completely of our own volition, not to obtain a survey and wish to
complete the transaction without the recommended survey.
Further, the undersigned agree to indemnify, save and hold harmless and and Transnation
Title Insurance Company, from any responsibility and/or liability, loss or damage concerning or
pertaining to survey matters, including but not limited to size of lot or land, location of boundary
lines, locations of buildings and encroachments of any kind .
. . ~rbanDevelopment and Construcrn Co., LLC
( J,~~~"~~ ~j~ ~ ... L• •Y*t
Commitment No: MUS438570
ADDENDUM TO PURCHASE AGREEMENT
Relative to the Purchase Agreement by <Jnd between City of Muskegon, a municipal corporation
as Seller(s) and Urban Development and Construction Company, LLC, a Michigan Limited Liability
Company as Buyer(s) of property located at 340 Meeking Street, Muskegon, MI 49442 dated
May 24, 2005, it is hereby agreed that the said Purchase Agreement is amended as follows:
Closing date shall be June 6, 2005
All other terms and conditions of said Purchase Agreement remain unchanged.
Date: ---------------------------
The City of Muskegon
~ flttcJa1(!
yep; Mitchell, A~-ant:.c~~Y- Planner {
Urban Development and Construction Co., LLC
'<- .. \_,_:;-;:;.~
__\_\~~~~ . ['--.. ~~ /
By Paul Witek, Member
Commission Meeting Date: May 24, 2005
Date: May 17,2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Cl3 L
RE: Sale of an unbuildable Vacant Lot at Blk 650 Lot 2
SUMMARY OF REQUEST:
To approve the sale of a vacant unbuildable lot at Blk 650 Lot 2 to Ivan and Sandra Sanford,
2521 McCracken St., Muskegon, MI. The property is being offered to Mr. and Mrs. Sanford
to help clear their property title for $1. According to the County Treasurer, the property taxes
for the lot went unpaid in 1988 only. The property went up for tax sale and the City obtained
the lot in 1995 from the State. The State had deeded a few properties at that time that had
been redeemed by the property owner to the City, but this property was not one of them. A
previous City employee drafted a memo in 1996 stating that they felt the deed was incorrect
due to information they had at that time. The property had been changed to being owned by
Mr. and Mrs. Sanford and combined with their property located at 2521 McCracken St. by
the City Assessor's Office. They have paid all the property taxes from 1989 to current,
maintained the property, and paid the special assessment. They are working on refinancing
their home and it was found that the City was deeded the property in 1995.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution and deed in order to clear this up.
COMMITTEE RECOMMENDATION:
None.
5/17/05
Resolution No. 2005-47(e)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF AN UNBUILDABLE LOT AT BLK 650 LOT
2 (LOT NEXT TO 2521 MCCRACKEN) LAKESIDE NEIGHBORHOOD FOR $1.
WHEREAS, Ivan & Sandra Sanford has placed a $ 15 deposit for the parcel designated as
Blk 650 Lot 2, located adjacent to 2521 McCracken Street; and
WHEREAS , the p1ice for parcel Blk 650 Lot 2 is set by the City at $1; and
WHEREAS, the sale would clear up the title for 2521 McCracken, which has Blk 650 Lot 2
already combined with it and they owners have maintained the prope11y as well as paid prope11y
taxes and special assessments; and
WHEREAS, the sale is consistent with City policy regarding the disposi tion of unbuildable Jots.
NOW THEREFORE BE IT RESOL YEO, that parcel Blk 650 Lot 2, located adjacent to 252 1
McCracken Street be sold to Ivan and Sandra Sanford for $ 1.
CITY OF MUSKEGON REVISED PLAT OF 1903 BLK 650 LOT 2
111
Adopted this 24 day of May 2005.
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and Davis
Nays: None
Absent: None
Gail Kundinger, MM
City Clerk
CERTIFICATION
2005-47(e)
I hereby ce1iify that the foregoing constitutes a true and complete copy of a resolution adopted
by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a
regular meeting held on May 24, 2005.
By:
LWGail Kundtnger, MM
City Clerk
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N
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of
933 Terrace Street, Muskegon, Michigan 49440,
QUIT CLAIMS to IVAN and SANDRA SANFORD, husband and wife, of 2521 McCracken, Muskegon, Michigan
49441,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON REVISED PLAT OF 1903, BLOCK 650 OF LOT 2
for the sum of: One Dollar ($1 .00)
PROVIDED, HOWEVER, If the Grantee or adjoining property owner loses the adjoining property due to
foreclosure or non-payment of taxes, the non-buildable lot shall revert to the Grantor. At that point in time when
any lien covers both parcels or there are not liens on either parcel, the property owner may request and the Grantor
shall agree to waive and terminate the reverter clause.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and
MCLA 207.526 Sec. 6(h)(i).
Dated this _ _ day of _ _ _ _ _ _ _ , 2005.
Signed in the presence of:
cd4r.IA /!tdt_
''"""· A.rrt'r
~~-\(~\[;_
4DC;.I\'f\ ~V.s~·,
STATE OF MICHIGAN
COUNTY OF MUSKEGON
Signed and sworn to before me in Muskegon County, Michigan, on ~%" £4 ,
2005 by STEPHEN
J. WARMINGTON and GAIL A. KUNDINGER, MMC, the Mayor and Clerk,;e pectively, ofthe CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
~s;~~taryPublic
Ac~n the County of
$us a k~o
PREPARED BY: John C. Schrier u.s J'f:fo n County, Michigan
Parmenter O'Toole MyConnn. E pires: ?-.,?S'-CJ~
175 W. Apple Avenue/P.O. Box 786
Muskegon, MI 49443-0786
Telephone: 231/722-1621
WHEN RECORDED RETUR"' TO: Grantee SEND SUBSEQUENT TAX BILLS TO: Grantee
Commission Meeting Date: May 24, 2005
Date: May3,2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C/!L-
RE: Zoning Ordinance Amendment for Veterinary Clinics, without
outdoor kennels
SUMMARY OF REQUEST:
Request to amend Section 1101 of Article XI (8-2, Convenience and Comparison Business
Districts) to add veterinary clinics, without outdoor kennels, under Special Land Uses.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance to add language regarding veterinary
clinics, without outdoor kennels.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 5/12 meeting. The vote
was unammous.
51312005
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
May 13,2004
Hearing; Case 2005-16: Staff initiated request to amend Section 1101 of Article XI (B-2,
Convenience and Comparison Business Districts) to add veterinary cliuics, without outdoor
kennels, under Special Land Uses
BACKGROUND
Presently the only zoning that allows veterinary clinics, without outdoor kennels, as a principal use or
as a special use, is the B-4, General Business zone. Since a request has been made to locate a
veterinary clinic, without outdoor kennels, in an existing building at 1550 W. Sherman Bouldvard, staff
has investigated whether it makes sense to include this type of business under Special Uses in a B-2
zone. Since the preamble to the B-2 zoning district language states that "All business establishments
shall be retail or service establishments dealiug directly with consumers...", it seems that a veterinary
clinic, without outdoor kennels, meets this criteria.
NEW LANGUAGE
Additions are in Bold below
Special Land Uses in B-2. Convenience and Comparison Business Districts
Excerpted from Section 1101 (SPECIAL LAND USES PERMITTED):
New #12. Veterinary clinics, without outdoor kennels.
DELIBERATION
I move that the amendment to Section 1101 of Article XI (B-2. Convenience & Comparison Business,
SPECIAL USES PERMITTED) be recommended to the City Commission for (approvaVdenial).
2
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2152
An ordinance to amend Section 1101 (Special Land Uses), of Article XI (B-2,
Convenience and Comparison Business Districts) of the City's Zoning Ordinance
to add veterinary clinics, without outdoor kennels.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 110 I (Special Land Uses), of Article XI (B-2, Convenience and Comparison
Business Dishicts) of the Zoning Ordinance of the City of Muskegon is hereby amended
to add veterinary clinics, without outdoor kennels: (New # 12)
12. Veterinary clinics, without outdoor kennels.
(Renumbering)
13. Accessory buildings and accessory uses customarily incidental to any of the above
Special Land Uses Permitted.
14. Uses similar to the above Special Land Uses Pennitted.
This ordinance adopted:
Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Cmter, and Davis
Nayes: None
Adoption Date: May 24, 2005
Effective Date: June II , 2005
First Reading: May 24, 2005
Second Reading: N/A
CITY OF MUSKEGON
By: __]_L~. ~D ~ , ~~
Gail A. Kundinger, MMC,
City Clerk
CERTIFICATE
2005-47(£)
The undersigned, being the duly qualified clerk of the City of Muskegon,
Muskegon County, Michigan, does hereby certify that the foregoing is a true and
complete copy of an ordinance adopted by the City Commission of the City of
Muskegon, at a regular meeting of the City Commi ssion on the 24th day of May, 2005, at
whi ch meeting a quorum was present and remained throughout, and that the miginal of
said ordinance is on file in the records of the City of Muskegon. I further certi fy that the
meeting was conducted and public notice was given pursuant to and in full compliance
with Act No. 267, Public Acts of Michigan of 1976, as amended, and that mi nutes were
kept and will be or have been made available as required thereby.
DATED: May 24, 2005.
Gail A . Kundinger, MMC
Clerk, City of Muskegon
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 24, 2005, the City Commission of the City of Muskegon adopted an
ordinance to amend Section 1101 (Special Land Uses), of Article XI (B-2, Convenience and
Comparison Business Districts) ofthe City's Zoning Ordinance to add veterinary clinics, without
outdoor kennels.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published JC( n c I ,2005 CITY OF MUSKEGON
By __________~------------
Gail A. Kundinger, MMC
City Clerk
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
AGENDA lTEM NO. _ __
CITY COMMISSION MEETING _ _ _ _ __
TO: Honorable Mayor and City Commission
FROM: Department of Public Works
DATE: May 24,2005
SUBJECT: Aggregates, Highway Maintenance Materials and Concrete
SUMMARY OF REQUEST:
Award bid to supply HI and H2 limestone chip blend to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409
Award bid to supply road slag to Verplank Trucking Company, PO Box 8,
Ferrysburg, MI 49409
Award bid to supply Sylvax patching material (CP-6 altemataive) to Asphalt Paving, Inc., 1000 E.
Shennan Boulevard, Muskegon MI 49444-0190
Award bid to supply bituminous asphalt product to Asphalt Paving, Inc., I 000 E. Shennan
Boulevard, Muskegon MI 49444-0190
Award bid to supply Calcium Chloride 38% (road brine) and 32% (winter salting) to Liquid
Dustlayer, Inc., P.O. Box 188, Manistee, MI 49660
Award bid to supply screened top soil to Verplank Trucking Company, PO Box 8,
Fenysburg, MI 49409
Award bid to supply 7-sack mix concrete to Port City Redi-Mix Company, 1780 Sheridan Road
Muskegon, MI 49442; contingent upon product availability, timely deliveries, and prices as
quoted.
FINANCIAL IMPACT:
$137,000 based on 2004 quantities at 2005 quotes.
BUDGET ACTION REQUIRED:
None; monies appropriated in several budgets.
STAFF RECOMMENDATION:
COMMITTEE RECOMMENDATION:
To: The City Commission Through The City Manager
From: Mohammed Al-Shatel, Deputy Director of Public Works
Date: May 22,2005
Subject: 2005 Aggregates, Highway Maintenance Materials, and Concrete
Requests for bids to provide road maintenance materials were solicited in The Chronicle and from
vendors on file. It is recommended that the vendor in bold ptint supply Public Works with product as
needed in 2005. Moneys have been appropriated for these purchases.
500 ton H1 Limestone Chip Blend ($13.78 in 2004; $1333)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $14.25 per ton, delivered
500 ton H2 Limestone Chip Blend ($13. 78 in 2004; $0)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $14.25 per ton, delivered
9,000 ton Road Slag 22-A Natural ($8.67 in 2004; $32,442)
Verplank Trucking Co. PO Box 8, Fenysburg, MI 49409 $9.35 per ton, delivered
Verplank Trucking Co. PO Box 8, Ferrysburg, Ml 49409 $8.20 per ton, delivered, gravel
500 tons Sylvax Patching Materials- UPM-CP-7, or ASTM Specification C-136 #9 or Statite CP-
6, or similar product ($56.00 in 2004; $4,372)
Asphalt Paving, Inc. 1000 E. Shennan Boulevard, Muskegon MI 49444-0190 $51.00 per ton, delivered
Rieth-Riley Construction Co. 867 Egypt Valley, Ada Ml 49301 $59.00 per ton, delivered
200 ton Bituminous Asphalt 4:12, Base ($35.00 in 2004; $3295)
Asphalt Paving, Inc. 1000 E. Shetman Boulevard, Muskegon MI 49444-0190 $34.00 per ton, picked up
Rieth-Riley Construction Co. 867 Egypt Valley, AdaMI 49301 $28.00 per ton, picked up
1,000 ton Bituminous Asphalt 4:12, Top ($35.00 in 2004; $42, 185)
Asphalt Paving, Inc. 1000 E. Shetman Boulevard, Muskegon MI 49444-0 I 90 $35.00 per ton, picked up
Rieth-Riley Construction Co. 867 Egypt Valley, Ada Ml49301 $30.00 per ton, picked up
85,000 gallons Calcium Chloride 38% (road brine) ($0.39 in 2004; $26,266)
Liquid Dustlayer, Inc. P.O. Box 188, Manistee, MI 49660 $0.39 per gallon, spread
Michigan Chloride Sales P.O. Box 526, Romeo, MI 48065 $0.47 per gallon, spread
15,000 gallons Calcium Chloride 32% (winter salting) ($0.32 in 2004; $950)
Liquid Dustlayer Inc. P.O. Box 188, Manistee, Ml 49660 $0.32 per gallon, stored
Michigan Chloride Sales P.O. Box 526, Romeo, MI 48065 $0.40 per gallon, stored
2005 Aggregates, Highway Maintenance Materials, and Concrete
Page 2
May 22,2005
15,000 gallons Polymer Modified Anionic Asphalt Emulsion (HFST Emulsion)
($0. 78 in 2002; no bid in 2003; $0)
No bid
Screened Top Soil (No bid requested in 2004; $0)
Verplank Trucking Co. PO Box 8, Ferrysburg, MI 49409 $11.05 per cubic yard, delivered
Concrete mix as needed (7 Sack Mix $64.00* in 2004, $19,766)
Port City Redi-Mix $74.00 per cubic yard, 7 Sack Mix, delivered*
1780 Sheridan Road, Muskegon, MI 49442
Consumers Concrete $76.00 per cubic yard, 7 Sack Mix, delivered
4400 E. Evanston Avenue, Muskegon MI 49442
Mt. Hope Redi-Mix, LLC $79.50 per cubic yard, 7 Sack Mix, delivered
19126 174111 Avenue, Spring Lake, MI 49456
*The 7-sack mix is the most commonly used product. It should be noted that concrete purchases may
include several miscellaneous charges, including, but not limited to, hot water, chloride, small loads,
second drops, winter price, extra unload time. Purchases will be made from recommended bidder,
contingent upon product availability, timely deliveries, and ptices as quoted.
LAA (L!Docs/Bids/2005 Agg ... Comm Ltr)
Date: May24, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- MDOT Agreement for:
Park St., Young Ave. to Laketon Ave.
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the reconstruction of Park St. from
Young Ave. to Laketon Ave. and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MOOT's participation is estimated at $159,450 but not to exceed 81.85% of eligible
cost. The estimated total construction cost (without engineering) of the project,
including the non-participating items ofwatermain & sanitary sewer, is $181,400.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
and water/sewer funds as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITIEE RECOMMENDATION:
RESOLUTION 2005-47(h)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BElWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
RECONSTRUCTION OF PARK ST. FROM YOUNG AVE. TO LAKETON AVE. ALONG WITH SOME
WATER MAIN AND SANITARY SEWER WORK TOGETHER WITH THE NECESSARY RELATED
WORK AND AUTHORIZATION FOR MAYOR STEPHEN J . WARMINGTON AND CITY CLERK GAIL
A KUNDINGER TO EXECUTE SAID CONTRACT
Moved by Commissioner Gawron and supported by
a ...
Commissioner_"""c.... r_..t..,.e..,.r_ _ _ _ _ _ _that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 05-5151 between the Michigan
Department of Transportation and the City of Muskegon for the reconstruction of Park St. from
Young Ave. to Laketon Ave. within the City is in the best interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 05-5151 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.
Adopted this 24th dayof May 12005,
BY
ATTEST ~ <tJ__ Q~,0
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
May 2 4 , 2005. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
STATE OF MICHlGAN
GLORIA J. JEFF
JENNIFER M. GRANHOLM
GOVERNOR
DEPARTMENT OF TRANSPORTATION DIRECTOR
LANSING
June 3, 2005
Ms. Gail Kundinger
Clerk
City of Muskegon
933 Terrace Street
P.O. Box 536
Muskegon,MI 49443-0536
Dear Ms. Kundinger:
RE: MDOT Contract Number: 05-5151
Control Section: STUL 61407
Job Number: 45546
Enclosed is a fully executed copy of the above noted agreement.
Sincerely,
Jackie Burch
Contract Processing Specialist
Design Support Area
Enclosure
Cc: M. Harbison, Design Support Area
Project Accounting, Financial Operations Division
Grand Region Engineer
MURRAY D. VAN WAGONER BUILDING • P.O. BOX 30050 • LANSING, MICHIGAN 48909
www.michigan.gov • (517) 373-2090
LH-LAN-0 (01/03)
STP RECEIVED DIR
CllY OF MUSKEGON Control Section STUL61407
L. MAY 1 2 2005
Job Number
Project
Federal Item No.
45546
STP 0561 (017)
HH 4267
ENGINEERING DEPARTMENT
CFDANo. 20.205 (Highway
Research Planning &
Construction)
Contract No. 05-5151
PARTI
THIS CONTRACT, cons1stmg of PART I and PART II (Standard Agreement
Provisions), is made and entered into this date of .1\JN 0 3 2005 , by and between
the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the
"DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal corporation,
hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing the rights and
obligations of the parties in agreeing to the following improvements, in the City of Muskegon,
Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I",
dated April 20, 2005, attached hereto and made a part hereof:
PART A- FEDERAL PARTICIPATION
Reconstruction work along Park Street from Young Avenue to Laketon Avenue;
including pavement removal, aggregate base, hot mix asphalt paving, and pavement
marking work; and all together with necessary related work.
PART B -NO FEDERAL PARTICIPATION
Watermain, sanitary sewer, and sidewalk repair work along Park Street from Young
Avenue to Laketon Avenue; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of
certain improvements on public roads; and
WHEREAS, the reference "FHWA" in PART I and PART II refersJf\vleN 1 nited States
Department of Transportation, Federal Highway Admini 6\'IOO'Ilf'!tiWI'"' ur:t'l\
tNEERING DEPARTMENT\
WHEREAS, the PROJECT, or portions of~_XKOlFCT, at the~quest of the
REQUESTING PARTY, are being programmed with the FHWA, for implementation with the
use of Federal Funds under the following Federal program(s) or funding:
09/06/90 STP.FOR 4/20/05
SURFACE TRANSPORTATION PROGRAM
WHEREAS, the patties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written contract.
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of
the parties and in conformity with applicable law, it is agreed:
I. The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.
2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.
Costs for construction engineering and inspection incurred by the DEPARTMENT will
be charged 100 percent to the REQUESTING PARTY. Any other costs incurred by the
DEPARTMENT as a result of this contract will be at PROJECT COST.
The costs incurred by the REQUESTING PARTY for preliminary engineering,
construction engineering and inspection, and right-of-way are excluded from the PROJECT
COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to administer
on behalf of the REQUESTING PARTY all phases ofthe PROJECT including advertising and
awarding the construction contract for the PROJECT or portions of the PROJECT. Such
administration shall be in accordance with PART II, Section II of this contract.
Any items of the PROJECT COST incurred by the DEPARTMENT may be charged to
the PROJECT.
4. The REQUESTING PARTY, at no cost to the PROJECT or to the
DEPARTMENT, shall:
A. Design or cause to be designed the plans for the PROJECT.
B. Appoint a project engineer who shall be in responsible charge of the
PROJECT and ensure that the plans and specifications are followed.
C. Perform or cause to be performed the construction engineering and
inspection services necessary for the completion of the PROJECT.
The REQUESTING PARTY will furnish the DEPARTMENT proposed t1mmg
sequences for trunkline signals that, if any, are being made patt of the improvement. No timing
09/06/90 STP.FOR 4/20/05 2
adjustments shall be made by the REQUESTING PARTY at any trunkline intersection, without
prior issuances by the DEPARTMENT of Standard Traffic Signal Timing Permits.
5. The PROJECT COST shall be met in accordance with the following:
PART A
Federal Surface Transpmiation Funds shall be applied to the eligible items of the
PART A portion of the PROJECT COST at the established Federal participation
ratio equal to 81.85 percent up to an amount not to exceed $159,450. The balance
of the PART A portion of the PROJECT COST, after deduction of Federal Funds,
shall be charged to and paid by the REQUESTING PARTY in the manner and at
the times hereinafter set forth.
PARTB
The PART B portion of the PROJECT COST is not eligible for Federal
participation and shall be charged to and paid I 00 percent by the REQUESTING
PARTY in the manner and at the times hereinafter set forth.
Any items of PROJECT COST not reimbursed by Federal Funds will be the sole
responsibility of the REQUESTING PARTY.
6. No working capital deposit will be required for this PROJECT.
In order to fulfill the obligations assumed by the REQUESTING PARTY under the
provisions of this contract, the REQUESTING PARTY shall make prompt payments of its share
of the PROJECT COST upon receipt of progress billings from the DEPARTMENT as herein
provided. All payments will be made within 30 days of receipt of billings from the
DEPARTMENT. Billings to the REQUESTING PARTY will be based upon the REQUESTING
PARTY'S share of the actual costs incurred less Federal Funds earned as the PROJECT
progresses.
In the event of any discrepancies between PART I and PART II of this contract, the
provisions of PART I shall prevail.
7. At such time as traffic volumes and safety requirements warrant, the
REQUESTING PARTY will cause to be enacted and enforced such ordinances as may be
necessary to prohibit parking in the traveled roadway throughout the limits of the PROJECT.
8. The performance of the entire PROJECT under this contract, whether Federally
funded or not, will be subject to the provisions and requirements of PART II that are applicable
to a Federally funded project.
9. The REQUESTING PARTY certifies that a) it is a person under 1995 PA 71 and
is not aware of and has no reason to believe that the property is a facility as defined in MSA
09/06/90 STP.FOR 4/20/05 3
13A.20101(l)(l); b) the REQUESTING PARTY further certifies that it has completed the tasks
required by MCL 324.20126 (3)(h); MSA 13A.20126(3)(h); c) it conducted a visual inspection
of property within the existing right of way on which construction is to be performed to
determine if any hazardous substances were present; and at sites on which historically were
located businesses that involved hazardous substances, it performed a reasonable investigation to
determine whether hazardous substances exist. This reasonable investigation should include, at a
minimum, contact with local, state and federal environmental agencies to determine if the site
has been identified as, or potentially as, a site containing hazardous substances; d) it did not
cause or contribute to the release or threat of release of any hazardous substance found within the
PROJECT limits.
The REQUESTING PARTY also certifies that, in addition to reporting the presence of
any hazardous substances to the Department of Environmental Quality, it has advised the
DEPARTMENT of the presence of any and all hazardous substances which the REQUESTING
PARTY found within the PROJECT limits, as a result of performing the investigation and visual
inspection required herein. The REQUESTING PARTY also certifies that it has been unable to
identify any entity who may be liable for the cost of remediation. As a result, the
REQUESTING PARTY has included all estimated costs of remediation of such hazardous
substances in its estimated cost of construction of the PROJECT.
I 0. If, subsequent to execution of this contract, previously unknown hazru·dous
substances are discovered within the PROJECT limits, which require environmental remediation
pursuant to either state or federal law, the REQUESTING PARTY, in addition to reporting that
fact to the Department of Environmental Quality, shall immediately notify the DEPARTMENT,
both orally and in writing of such discovery. The DEPARTMENT shall consult with the
REQUESTING PARTY to determine if it is willing to pay for the cost of remediation and, with
the FHWA, to determine the eligibility, for reimbursement, of the remediation costs. The
REQUESTING PARTY shall be charged for and shall pay all costs associated with such
remediation, including all delay costs of the contractor for the PROJECT, in the event that
remediation and delay costs are not deemed eligible by the FHWA. If the REQUESTING
PARTY refuses to participate in the cost of remediation, the DEPARTMENT shall terminate the
PROJECT. The parties agree that any costs or damages that the DEPARTMENT incurs as a
result of such termination shall be considered a PROJECT COST.
11. If federal and/or state funds administered by the DEPARTMENT are used to pay
the cost of remediating any hazardous substances discovered after the execution of this contract
and if there is a reasonable likelihood of recovery, the REQUESTING PARTY, in cooperation
with the Department of Environmental Quality and the DEPARTMENT, shall make a diligent
effort to recover such costs from all other possible entities. If recovery is made, the
DEPARTMENT shall be reimbursed from such recovery for the proportionate share of the
amount paid by the FHWA and/or the DEPARTMENT and the DEPARTMENT shall credit
such sums to the appropriate funding source.
09/06/90 STP.FOR 4/20/05 4
April 20, 2005
EXHIBIT I
CONTROL SECTION STUL 61407
JOB NUMBER 45546
PROJECT STP 0561(017)
ESTIMATED COST
CONTRACTED WORK
PART A PARTB TOTAL
Estimated Cost $152,900 $28,500 $181,400
COST PARTICIPATION
GRAND TOTAL ESTIMATED COST $152,900 $28,500 $181,400
Less Federal Funds* $125,100 $ 0 $125,100
BALANCE (REQUESTING PARTY'S SHARE) $ 27,800 $28,500 $ 56,300
*Federal Funds shall be applied to the eligible items of the PART A portion of the PROJECT
COST at a participation ratio equal to 81.85 percent up to an amount not to exceed $159,450.
NO DEPOSIT
09/06/90 STP.FOR 4/21105 8
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STANDARD AGREEMENT PROVISIONS
SECTION I COMPLIANCE WITH REGULATIONS AND DIRECTIVES
SECTION II PROJECT ADMINISTRATION AND SUPERVISION
SECTION III ACCOUNTING AND BILLING
SECTION IV MAINTENANCE AND OPERATION
SECTION V SPECIAL PROGRAM AND PROJECT CONDITIONS
SECTION I
COMPLIANCE WITH REGULATIONS AND DIRECTIVES
A. To qualify for eligible cost, all work shall be documented in accordance with the require-
ments and procedures of the DEPARTMENT.
B. All work on projects for which reimbursement with Federal funds is requested shall be
performed in accordance with the requirements and guidelines set forth in the following
Directives of the Federal-Aid Policy Guide (FAPG) of the FHWA, as applicable. and as
referenced in pertinent sections of Title 23 and Title 49 of the Code ofF ederal Regulations
(CFR), and all supplements and amendments thereto.
l. Engineering
a. FAPG (6012.1): Preliminary Engineering
b. F APG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. FAPG (23 CFR 635A): Contract Procedures
d. FAPG (49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. F APG (23 CFR 140E): Administrative Settlement Costs-Contract Claims
b. FAPG (23 CFR 1408): Construction Engineering Costs
c. FAPG (23 CFR 17): Recordkeeping and Retention Requirements for Federal-
Aid Highway Records of State Highway Agencies
d. FAPG (23 CFR 635A): Contract Procedures
e. FAPG (23 CFR 6358): Force Account Construction
f. F APG (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 6458): Accommodation of Utilities (PPM 30-4.1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid and other
Streets and Highways
1. FAPG (49 CFR I 8.22):UniformAdministrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
1
J. Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 140!): Reimbursement for Railroad Work
b. FAPG (23 CFR 646B): Railroad Highway Projects
C. In conformance with FAPG (23 CFR 630C) Project Agreements, the political subdivisions
party to this contract, on those Federally funded projects which exceed a total cost of
$100,000.00 stipulate the following with respect to their specific jurisdictions:
I. That any facility to be utilized in performance under or to benefit from this contract
is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
amended, and the Federal Water Pollution Control Act. as amended.
2. That they each agree to comply with all of the requirements of Section I I 4 of the
Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
and all regulations and guidelines issued thereunder.
3. That as a condition of Federal aid pursuant to this contract they shall notifY the
DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
in performance under or to benefit from this contract is under consideration to be
listed on the EPA List of Violating Facilities.
D. Ensure that the PROJECT is constructed in accordance with and incorporates all committed
environmental impact mitigation measures listed in approved environmental documents
unless modified or deleted by approval of the FHWA.
E. All the requirements, guidelines, conditions and restrictions noted in all other pertinent
Directives and Instructional Memoranda of the FHWA will apply to this contract and will
be adhered to, as applicable, by the parties hereto.
03-15-93 3
SECTION II
PROJECT ADMINISTRATION AND SUPERVISION
A. The DEPARTMENT shall provide such administrative guidance as it determines is required
by the PROJECT in order to facilitate the obtaining of available federal and/or state funds.
B. The DEPARTMENT will advertise and award all contracted portions of the PROJECT work.
Prior to advertising of the PROJECT for receipt of bids, the REQUESTING PARTY may
delete any portion or all of the PROJECT work. After receipt of bids for the PROJECT, the
REQUESTING PARTY shall have the right to reject the amount bid for the PROJECT prior
to the award of the contract for the PROJECT only if such amount exceeds by twenty percent
(20%) the final engineer's estimate therefor. If such rejection of the bids is not received in
writing within two (2) weeks after letting, the DEPARTMENT will assume concurrence.
The DEPARTMENT may, upon request, readvertise the PROJECT. Should the REQUEST-
ING PARTY so request in writing within the aforesaid two (2) week period after letting, the
PROJECT will be cancelled and the DEPARTMENT will refund the unused balance of the
deposit less all costs incurred by the DEPARTMENT.
C. The DEPARTMENT will perform such inspection services on PROJECT work performed
by the REQUESTING PARTY with its own forces as is required to ensure compliance with
the approved plans & specifications.
D. On those projects funded with Federal monies, the DEPARTMENT shall as may be required
secure from the FHWA approval of plans and specifications, and such cost estimates for
FHW A participation in the PROJECT COST.
E. All work in connection with the PROJECT shall be performed in conformance with the
Michigan Department of Transportation Standard Specifications for Construction, and the
supplemental specifications, Special Provisions and plans pertaining to the PROJECT and
all materials furnished and used in the construction of the PROJECT shall conform to the
aforesaid specifications. No extra work shall be performed nor changes in plans and
specifications made until said work or changes are approved by the project engineer and
authorized by the DEPARTMENT.
03-15-93 4
F. Should it be necessary or desirable that portions of the work covered by this contract be
accomplished by a consulting firm, a railway company, or governmental agency, fim1.
person, or corporation, under a subcontract with the REQUESTING PARTY at
PROJECT expense, such subcontracted arrangements will be covered by formal written
agreement between the REQUESTING PARTY and that party.
This formal written agreement shall: include a reference to the specific prime contract to
which it pertains; include provisions which clearly set forth the maximum reimbursable
and the basis of payment; provide for the maintenance of accounting records in
accordance with generally accepted accounting principles, which clearly document the
actual cost of the services provided; provide that costs eligible for reimbursement shall be
in accordance with clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 31,
23 CFR Part 140, OMB Circular A-87, etc. as applicable; provide for access to the
department or its representatives to inspect and audit all data and records related to the
agreement for a minimum of three years after the department's final payment to the local
unit.
All such agreements will be submitted for approval by the DEPARTMENT and, if
applicable, by the FHWA prior to execution thereof, except for agreements for amounts
less than $100,000 for preliminary engineering and testing services executed under and in
accordance with the provisions of the "Small Purchase Procedures" FAPG (23 CFR 172),
which do not require prior approval of the DEPARTMENT or the FHWA.
Any such approval by the DEPARTMENT shall in no way be construed as a warranty of
the subcontractor's qualifications, financial integrity, or ability to perform the work being
subcontracted.
G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall
make such arrangements with railway companies, utilities, etc., as may be necessary for
the performance of work required for the PROJECT but for which Federal or other
reimbursement will not be requested.
H. The REQUESTING PARTY, at no cost to the PROJECT, or the DEPARTMENT, shall
secure, as necessary, all agreements and approvals of the PROJECT with railway
companies, the Railroad Safety & Tariffs Division of the DEPARTMENT and other
concerned governmental agencies other than the FHWA, and will forward same to the
DEPARTMENT for such reviews and approvals as may be required.
I. No PROJECT work for which reimbursement will be requested by the REQUESTING
PARTY is to be subcontracted or performed until the DEPARTMENT gives written
notification that such work may commence.
03-15-93 5
J. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses
incurred in the performance of the work it agrees to undertake and perform.
K. The REQUESTING PARTY shall pay directly to the party performing the work all billings
for the services performed on the PROJECT which are authorized by or through the
REQUESTING PARTY.
L. The REQUESTING PARTY shall submit to the DEPARTMENT all paid billings for which
reimbursement is desired in accordance with DEPARTMENT procedures.
M. All work by a consulting firm will be performed in compliance with the applicable
provisions of 1980 PA 299, Subsection 2001, MCL 339.2001; MSA 18.425(2001), as well
as in accordance with the provisions of all previously cited Directives of the FHW A.
N. The project engineer shall be subject to such administrative guidance as may be deemed
necessary to ensure compliance with program requirement and, in those instances where a
consultant firm is retained to provide engineering and inspection services, the personnel
performing those services shall be subject to the same conditions.
0. The DEPARTMENT, in administering the PROJECT in accordance with applicable Federal
and State requirements and regulations, neither assumes nor becomes liable for any obliga-
tions undertaken or arising between the REQUESTING PARTY and any other party with
respect to the PROJECT.
P. In the event it is determined by the DEPARTMENT that there will be either insufficient
Federal funds or insufficient time to properly administer such funds for the entire PROJECT
or portions thereof, the DEPARTMENT, prior to advertising or issuing authorization for
work performance, may cancel the PROJECT, or any portion thereof, and upon written
notice to the parties this contract shall be void and of no effect with respect to that cancelled
portion of the PROJECT. Any PROJECT deposits previously made by the parties on the
cancelled portions of the PROJECT will be promptly refunded.
Q. Those projects funded with Federal monies will be subject to inspection at all times by the
DEPARTMENT and the FHWA.
03-15-93 6
SECTION III
ACCOUNTING AND BILLING
A. Procedures for billing for work undertaken by the REQUESTING PARTY:
1. The REQUESTING PARTY shall establish and maintain accurate records. in
accordance with generally accepted accounting principles, of all expenses incurred
for which payment is sought or made under this contract, said records to be
hereinafter referred to as the "RECORDS". Separate accounts shall be established
and maintained for all costs incurred under this contract.
The REQUESTING PARTY shall maintain the RECORDS for at least three (3)
years from the date of final payment of Federal Aid made by the DEPARTMENT
under this contract. In the event of a dispute with regard to the allowable expenses
or any other issue under this contract, the REQUESTING PARTY shall thereafter
continue to maintain the RECORDS at least until that dispute has been finally
decided and the time for all available challenges or appeals of that decision has
expired.
The DEPARTMENT, or its representative, may inspect, copy, or· audit the
RECORDS at any reasonable time after giving reasonable notice.
If any part of the work is subcontracted, the REQUESTING PARTY shall assure
compliance with the above for all subcontracted work.
In the event that an audit performed by or on behalf of the DEPARTMENT indicates
an adjustment to the costs reported under this contract, or questions the allowability
of an item of expense, the DEPARTMENT shall promptly submit to the
REQUESTING PARTY, a Notice of Audit Results and a copy of the audit report
which may supplement or modify any tentative findings verbally communicated to
the REQUESTING PARTY at the completion of an audit.
Within sixty (60) days after the date of the Notice of Audit Results, the
REQUESTING PARTY shall: (a)respond in writing to the responsible Bureau or the
DEPARTMENT indicating whether or not it concurs with the audit report, (b) clearly
explain the nature and basis for any disagreement as to a disallowed item of expense
and, (c) submit to the DEPARTMENT a written explanation as to any questioned or
no opinion expressed item of expense, hereinafter referred to as the "RESPONSE".
The RESPONSE shall be clearly stated and provide any supporting documentation
necessary to resolve any disagreement or questioned or no opinion expressed item
of expense. Where the documentation is voluminous, the REQUESTING PARTY
03-15-93 7
may supply appropriate excerpts and make alternate arrangements to conveniently
and reasonably make that documentation available for review by the
DEPARTMENT. The RESPONSE shall refer to and apply the language of the
contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE
within the sixty (60) day period constitutes agreement with any disallowance of an
item of expense and authorizes the DEPARTMENT to finally disallow any items of
questioned or no opinion expressed cost.
The DEPARTMENT shall make its decision with regard to any Notice of Audit
Results and RESPONSE within one hundred twenty (120) days after the date of the
Notice of Audit Results. If the DEPARTMENT determines that an overpayment has
been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay
that amount to the DEPARTMENT or reach agreement with the DEP ARTMENT on
a repayment schedule within thirty (30) days after the date of an invoice from the
DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or
reach agreement with the DEPARTMENT on a repayment schedule within the thirty
(30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall
deduct all or a portion of the overpayment from any funds then or thereafter payable
by the DEPARTMENT to the REQUESTING PARTY under this contract or any
other agreement, or payable to the REQUESTING PARTY under the terms of 1951
P A 51, as applicable. Interest will be assessed on any partial payments or repayment
schedules based on the unpaid balance at the end of each month until the balance is
paid in full. The assessment of interest will begin thirty (30) days from the date of
the invoice. The rate of interest will be based on the Michigan Department of
Treasury common cash funds interest earnings. The rate of interest will be reviewed
annually by the DEPARTMENT and adjusted as necessary based on the Michigan
Department of Treasury common cash funds interest earnings. The REQUESTING
PARTY expressly consents to this withholding or offsetting of funds under those
circumstances, reserving the right to file a lawsuit in the Court of Claims to contest
the DEPARTMENT'S decision only as to any item of expense the disallowance of
which was disputed by the REQUESTING PARTY in a timely filed RESPONSE.
The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
98-502.
The REQUESTING PARTY shall adhere to the following requirements associated
with audits of accounts and records:
a. Agencies expending a total of $300,000 or more in federal funds, from one or
more funding sources in its fiscal year, shall comply with the requirements of the
federal Office of Management and Budget (OMB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Form
The management letter to the agency, if one issued by the audit firm
The OMB Circular A-133 audit must be submitted to the address below in
accordance with the time frame established in the circular, as revised or amended.
b. Agencies expending less than $300,000 in federal funds must submit a letter to
the Department advising that a circular audit was not required. The letter shall
indicate the applicable fiscal year, the amount of federal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This information
must also be submitted to the address below.
c. Address: Michigan Department of Transportation
Bureau of Highways Technical Services
425 W. Ottawa, P.O. Box 30050
Lansing, MI 48909
d. Agencies must also comply with applicable State laws and regulations relative to
audit requirements.
e. Agencies shall not charge audit costs to Department's federal programs which are
not in accordance with the OMB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
include limited scope reviews and other on-site monitoring.
2. Agreed Unit Prices Work- All billings for work undertaken by the REQUESTING
PARTY on an agreed unit price basis will be submitted in accordance with the
Michigan Department ofTransportation Standard Specifications for Construction and
pertinent F APG Directives and Guidelines of the FHWA.
3. Force Account Work and Subcontracted Work - All billings submitted to the
DEPARTMENT for Federal reimbursement for items of work performed on a force
account basis or by any subcontract with a consulting firm, railway company,
governmental agency or other party, under the terms of this contract, shall be
prepared in accordance with the provisions of the pertinent FHPM Directives and the
procedures of the DEPARTMENT. Progress billings may be submitted monthly
during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year
03-15-93 9
billing. All billings shall be labeled either "Progress Bill Number ". or
"Final Billing".
4. Final billing under this contract shall be submitted in a timely manner but not later
than six months after completion of the work. Billings for work submitted later than
six months after completion of the work will not be paid.
5. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with Federal monies. the
DEPARTMENT will act as billing agent for the REQUESTING PARTY.
consolidating said billings with those for its own force account work and presenting
these consolidated billings to the FHWA for payment. Upon receipt of
reimbursement from the FHWA, the DEPARTMENT will promptly forward to the
REQUESTING PARTY its share of said reimbursement.
6. Upon receipt of billings for reimbursement for work undertaken by the
REQUESTING PARTY on projects funded with non-Federal monies, the
DEPARTMENT will promptly forward to the REQUESTING PARTY
reimbursement of eligible costs.
B. Payment of Contracted and DEPARTMENT Costs:
I. As work on the PROJECT commences, the initial payments for contracted work
and/or costs incurred by the DEPARTMENT will be made from the working capital
deposit. Receipt of progress payments of Federal funds, and where applicable. State
Critical Bridge funds, will be used to replenish the working capital deposit. The
REQUESTING PARTY shall make prompt payments of its share of the contracted
and/or DEPARTMENT incurred portion of the PROJECT COST upon receipt of
progress billings from the DEPARTMENT. Progress billings will be based upon the
REQUESTING PARTY'S share of the actual costs incurred as work on the
PROJECT progresses and will be submitted, as required, until it is determined by
the DEPARTMENT that there is sufficient available working capital to meet the
remaining anticipated PROJECT COSTS. All progress payments will be made
within thirty (30) days of receipt of billings. No monthly billing of a lesser amount
than $1,000.00 will be made unless it is a final or end of fiscal year billing. Should
the DEPARTMENT determine that the available working capital exceeds the
remaining anticipated PROJECT COSTS. the DEPARTMENT may reimburse the
REQUESTING PARTY such excess. Upon completion of the PROJECT, payment
of all PROJECT COSTS, receipt of all applicable monies from the FHWA, and
completion of necessary audits, the REQUESTING PARTY will be reimbursed the
balance of its deposit.
03-15-93 10
2. In the event that the bid, plus contingencies, for the contracted. and/or the
DEPARTMENT incurred portion of the PROJECT work exceeds the estimated cost
therefor as established by this contract. the REQUESTING PARTY may be advised
and billed for the additional amount of its share.
C. General Conditions:
I. The DEPARTMENT, in accordance with its procedures in existence and covering
the time period involved, shall make payment for interest earned on the balance of
working capital deposits for all projects on account with the DEPARTMENT. The
REQUESTING PARTY in accordance with DEPARTMENTprocedures in existence
and covering the time period involved, shall make payment for interest owed on any
deficit balance of working capital deposits for all projects on account with the
DEPARTMENT. This payment or billing is processed on an annual basis
corresponding to the State of Michigan fiscal year. Upon receipt of billing for
interest incurred, the REQUESTING PARTY promises and shall promptly pay the
DEPARTMENT said amount.
2. Pursuant to the authority granted by law, the REQUESTING PARTY hereby
irrevocably pledges a sufficient amount of funds received by it from the Michigan
Transportation Fund to meet its obligations as specified in PART I and PART II. If
the REQUESTING PARTY shall fail to make any of its required payments when
due, as specified herein, the DEPARTMENT shall immediately notify the
REQUESTING PARTY and the State Treasurer of the State of Michigan or such
other state officer or agency having charge and control over disbursement of the
Michigan Transportation Fund, pursuant to law, of the fact of such default and the
amount thereof, and, if such default is not cured by payment within ten (I 0) days,
said State Treasurer or other state officer or agency is then authorized and directed
to withhold from the first of such monies thereafter allocated by law to the
REQUESTING PARTY from the Michigan Transportation Fund sufficient monies
to remove the default, and to credit the REQUESTING PARTY with payment
thereof, and to notify the REQUESTING PARTY in writing of such fact.
3. Upon completion of all work under this contract and final audit by the
DEPARTMENT or the FHWA, the REQUESTING PARTY promises to promptly
repay the DEPARTMENT for any disallowed items of costs previously disbursed by
the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from
the Michigan Transportation Fund for repayment of all disallowed items and, upon
failure to make repayment for any disallowed items within ninety (90) days of
demand made by the DEPARTMENT, the DEPARTMENT is hereby authorized to
withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Funds in settlement of said claim.
03-15-93 II
4. The DEPARTMENT shall maintain and keep accurate records and accounts relative
to the cost of the PROJECT and upon completion of the PROJECT, payment of all
items of PROJECT COST, receipt of all Federal Aid, if any, and completion of final
audit by the DEPARTMENT and if applicable, by the FHW A, shall make final
accounting to the REQUESTING PARTY. The final PROJECT accounting will not
include interest earned or charged on working capital deposited for the PROJECT
which will be accounted for separately at the close of the State of Michigan fiscal
year and as set forth in Section C(l ).
5. The costs of engineering and other services performed on those projects involving
specific program funds and one hundred percent (100%) local funds will be appor-
tioned to the respective portions of that project in the same ratio as the actual direct
construction costs unless otherwise specified in PART I.
03-15-93 12
SECTION IV
MAINTENANCE AND OPERATION
A. Upon completion of construction of each part of the PROJECT, at no cost to the
DEPARTMENT or the PROJECT, each of the parties hereto, within their respective
jurisdictions, will make the following provisions for the maintenance and operation of the
completed PROJECT:
1. All Projects:
Properly maintain and operate each part of the project, making ample provisions each
year for the performance of such maintenance work as may be required, except as
qualified in paragraph 2b of this section.
2. Projects Financed in Part with Federal Monies:
a. Sign and mark each part of the PROJECT, in accordance with the current
Michigan Manual ofUniform Traffic control Devices, and will not install. or
permit to be installed, any signs, signals or markings not in conformance with
the standards approved by the FHWA, pursuant to 23 USC I 09( d).
b. Remove, prior to completion of the PROJECT, all encroachments from the
roadway right-of-way within the limits of each part of the PROJECT.
With respect to new or existing utility installations within the right-of-way
of Federal Aid projects and pursuant to FAPG (23 CFR 645B): Occupancy
of non-limited access right-of-way may be allowed based on consideration
for traffic safety and necessary preservation of roadside space and aesthetic
quality. Longitudinal occupancy of non-limited access right-of-way by
private lines will require a finding of significant economic hardship, the
unavailability of practicable alternatives or other extenuating circumstances.
c. Cause to be enacted, maintained and enforced. ordinances and regulations for
proper traffic operations in accordance with the plans of the PROJECT.
d. Make no changes to ordinances or regulations enacted, or traffic controls
installed in conjunction with the PROJECT work without prior review by the
DEPARTMENT and approval of the FHWA, if required.
03-15-93 13
B. On projects for the removal of roadside obstacles, the parties, upon completion of
construction of each part of the PROJECT, at no cost to the PROJECT or the
DEPARTMENT, will, within their respective jurisdictions, take such action as is necessary
to assure that the roadway right-of-way, cleared as the PROJECT, will be maintained free
of such obstacles.
C. On projects for the construction of bikeways, the parties will enact no ordinances or
regulations prohibiting the use of bicycles on the facility hereinbefore described as the
PROJECT, and will amend any existing restrictive ordinances in this regard so as to allow
use of this facility by bicycles. No motorized vehicles shaH be permitted on such bikeways
or walkways constructed as the PROJECT except those for maintenance purposes.
D. Failure of the parties hereto to fulfill their respective responsibilities as outlined herein may
disqualify that party from future Federal-aid participation in projects on roads or streets for
which it has maintenance responsibility. Federal Aid may be withheld until such time as
deficiencies in regulations have been corrected, and the improvements constructed as the
PROJECT are brought to a satisfactory condition of maintenance.
03-15-93 14
SECTIONV
SPECIAL PROGRAM AND PROJECT CONDITIONS
A. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the acquisition of right-of-way must be under construction by the close of the
twentieth (20th) fiscal year following the fiscal year in which the FHW A and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA. all
monies distributed as the FHWA'S contribution to that right-of-way.
B. Those projects for which the REQUESTING PARTY has been reimbursed with Federal
monies for the performance of preliminary engineering must be under construction by the
close of the tenth (I Oth) fiscal year following the fiscal year in which the FHWA and the
DEPARTMENT projects agreement covering that work is executed, or the REQUESTING
PARTY may be required to repay to the DEPARTMENT, for forwarding to the FHWA. all
monies distributed as the FHWA'S contribution to that preliminary engineering.
C. On those projects funded with Federal monies, the REQUESTING PARTY, at no cost to the
PROJECT or the DEPARTMENT. will provide such accident information as is available and
such other information as may be required under the program in order to make the proper
assessment of the safety benefits derived from the work performed as the PROJECT. The
REQUESTING PARTY will cooperate with the DEPARTMENT in the development of
reports and such analysis as may be required and will, when requested by the
DEPARTMENT, forward to the DEPARTMENT, in such form as is necessary. the required
information.
D. In connection with the performance ofPROJECTwork under this contract the parties hereto
(hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State
of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set forth
in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d. and 2000a-2000h-6 and the
Regulations of the United States Department of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B ", attached hereto and made a part hereof, and
will require similar covenants on the part of any contractor or subcontractor employed in the
performance of this contract.
E. The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.
03-15-93 15
APPENDIX A
PROHIBITION OF DISCRIM!NATION IN STATE CONTRACTS
In connection with the performance of work under this contract; the contractor agrees as follows:
1. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee
or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter
directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or
marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of
1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to
hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment,
because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position.
A breach of the above covenants shall be regarded as a material breach of this contract.
2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.
3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without
regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated·
to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
4. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin,
age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a
particular job or position.
5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
or workers' representative of the contractor's commitments under this appendix.
6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil
Rights Commission which may be in effect prior to the taking of bids for any individual state project.
7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan
Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment
statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books,
records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain
compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.
8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not
complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
based upon such findings, certify said findings to the Administrative Board of the State ofMichigan, which Administrative
Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for
future contracts with the state and its political and civil subdivisions, departments, and officers, and including the
governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights
Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the
contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights
Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such
possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.
9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
subcontractor or seller. March, 1998
(Rev. 03/92)
APPENDIX B
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
I. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally assisted programs of the Department of Transportation, Tijle 49, Code
of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
the Regulations), which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, or natural origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Michigan Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations or directives. Where any information required of a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan
Department of Transportation, or the Federal Highway Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor complies,
and/or
(b) Cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs I through 6 of
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
to any subcontract or procurement as the Michigan Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for non-
compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the
Michigan Department of Transportation to enter into such litigation to protect the interests of the State,
and, in addition, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
APPENDIXC
TO BE INCLUDED IN ALL FINANCIAL ASSISTANCE
AGREEMENTS WITH LOCAL AGENCIES
Assurance that Recipients and Contractors Must Make
(Excerpts from US DOT Regulation 49 CFR 26.13)
A. Each financial assistance agreement signed with a DOT operating administration (or
a primary recipient) must include the following assurance:
The recipient shall not discriminate on the basis of race, color,
national origin, or sex in the award and performance of any US
DOT -assisted contract or in the administration of its DBE
program or the requirements of 49 CFR Part 26. The recipient
shall take all necessary and reasonable steps under 49 CFR Part
26 to ensure nondiscrimination in the award and administration
of US DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR Part 26 and as approved by US DOT, is
incorporated by reference in this agreement. Implementation of
this program is a legal obligation and failure to carry out its
terms shall be treated as a violation of this agreement. Upon
notification to the recipient of its failure to carry out its approved
program, the department may impose sanctions as provided for
under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
B. Each contract MDOT signs with a contractor (and each subcontract the prime
contractor signs with a subcontractor) must include the following assurance:
The contractor, sub recipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of US DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate.
CITY COMMISSION AGENDA ITEM =-~---c-c--c-c-,--::
CITY COMMISSION MEETING DATE: May 24, 2005
To: Mayor and City Commissioners
From: Lee J. Slaughter, Assistant City Manager
Date: May 16, 2005
Re: Agreement with Digital Spectrum Enterprises, Inc. (DSE) to Manage PEG
Channel77
SUMMARY OF REQUEST:
To authorize the Mayor to sign a one-year agreement between the City of Muskegon and
Digital Spectrum Enterprises, Inc. to manage the city's Public Education & Government
(PEG) Channel (77) provided through the Cable Franchise Agreement.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Staff recommends approval.
Affirmative Action
1231\724-6703
FAX: (131)722-1214
~~Wifi~~~8alization
FAX: (231)726-5181
5~TN!l?'6~/fartment
FAX: (231)726-5617
City Mana}!:er
(231 )724-6724 West Mithigan's Shoreline Ill)'
FAX: (231)722-1214
Civ11 Service
May 25,2005
(23!)724-6716
FAX: (231)724-4405
Leslie Brogan, Director of Government Affairs
Clerk Com cast Cable
(231}724-6705
FAX: (231)724-4178
1070 Trowbridge Road
East Lansing, MI 48823
Re: The City of Muskegon Is Exercising Its Right To Have And Manage A
Computer Info. Government Access Channel As Provided For Within The Cable Franchise
cz~H~~'.r-56744 Agreement Between The City And Muskegon Cable TV.
FAX: (231)722-4301
~~'ii}~~~~.jb~ept.
Dear Ms. Brogan:
FAX: (231)727-6904
Per our telephone conversation on April 7, 2005, in which I advised you and John
Gardner of the City's interest in contracting with Digital Spectrum Enterprises of West
Michigan, Inc. (DSE) to manage the Government Access channel (as provided for in the
Fire Dept. Cable Franchise Agreement), and per subsequent interaction with Mr. Gardner regarding
(231 }724-6792
FAX: (231)724·6985 this issue, this is to confirm that the City Commission has contracted DSE to operate its
Government Access ChanneL Formal actions were taken at the City Commission
Income Tax
(23!)724-6770
FAX: (231)724-6768
meeting on May 24, 2005 (see Commission Agenda Item).
Enclosed is a copy of the Agreement between the City of Muskegon and Digital
Spectrum Enterprises of West Michigan, Inc.
Leisure Services
(231)724-6704
FAX: {231)724-1196
Please feel free to contact me if you have questions about this issue.
Mayor's Office Sincerely,
(231)724-6701
FAX: (231)722-1214
THE CITY OF MUSKEGON
PlannimUZoning
ar~-~
(231)724"-6702
FAX: (131)724-6790
Lee J. Slaughter
Assistant City Manager
rz~~~~tz~~~M, Dept. C: John Gardner, Corporate Affairs Manager
FAX: (131)722-4188
Ann Brats burg, President- Digital Spectrum Enterprises (DSE)
Treasurer's Office
(231 \724-6720
Bryon Mazade, City Manager
FAX: (231}724-6768 City Commission
~//ffz~~~~~\ Dept.
FAX: (231)724-6768
Water Filtration
(23ll724-4106
FAX: (231)7!55-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorclinecity.com
AGREEMENT BETWEEN CITY OF MUSKEGON
AND
DIGITAL SPECTRUM ENTERPRISES OF WEST MICHIGAN, INC.
This Agreement is made this il.J!!day of 7lly , 200.(by and between the City
of Muskegon, a Michigan municipal corporation ("City") and Digital Spectrum
Enterprises of West Michigan, Inc., a Michigan nonprofit corporation ("DSE"), who
agree as follows:
RECITALS
1. The City desires to provide support for the use of cable television, public,
educational, and government ("PEG") access channels provided pursuant to federal law.
2. The City has granted a franchise to Comcast, as successor of Taft Cable Partners
and Robert Fulk, Ltd. ("Cable Company") to operate a cable television system in the City
ofMuskegon ("Franchise Agreement").
3. The Franchise Agreement with Cable Company provides that certain channel
capacity be provided for PEG access, including a government access channel for use by
area municipal governments served by Cable Company (currently cable channel 77)
("Government Access Channel").
4. DSE, as the access management entity designated by the City, has indicated its
interest in serving the community by providing PEG access programming and services on
the Government Access Channel.
5. In exchange for broadcasting City events free of charge (as explained in Section
l .B below), the City agrees to allow DSE to use the Government Access Channel to
broadcast programming consistent with PEG channel purposes.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES: Pursuant to this Agreement, DSE shall provide
the following services:
A. OPERATE THE GOVERNMENT ACCESS CHANNEL. Operate the
Government Access Channel for local government and community access
programming purposes in a manner consistent with the principles set forth
in this Agreement and the Franchise Agreement between the City and
Cable Company, with the primary purpose being to administer, coordinate
and assist the City of Muskegon in providing local government
programmmg.
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK I A\C64506.DOC Page 1 ol
B. BROADCASTING LOCAL GOVERNMENT PROGRAMMING. Produce
and broadcast, at no expense to the City, City Commission meetings and
the meetings of other committees, boards, and commissions that the City
might require, and other reasonable programs or issues that the City
Commission may deem necessary.
C. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop
policies and procedures for use and operation of the PEG access
equipment, facilities, and channel and file such policies and procedures
with the City.
D. COMPLIANCE WITH LAWS, RULES, AND REGULATIONS. Administer
the Government Access Channel and facilities in compliance with
applicable laws, rules, regulation, and in compliance with the Franchise
Agreement between the City and Cable Company.
E. TRAINING. Train City residents, and when requested, City and school or
college employees in the techniques of video production, and provide
technical advice in the execution of productions.
F. SPECIAL NEEDS GROUPS. Support special needs groups, including but
not limited to the hearing impaired, in program production through
training and other means.
G. 01HER ACTIVITIES. Undertake other PEG access programming
activities and services as deemed appropriate by DSE and consistent with
the obligation to facilitate and promote PEG access programming and
provide non discriminatory access.
SECTION 2. CHANNELS OPEN TO PUBLIC: DSE agrees to keep the Government
Access Channel open to all potential users regardless of their viewpoint, subject to FCC
regulations and other relevant laws. Neither the City, nor the Cable Company, nor DSE
shall have the authority to control the content of programming placed on the Government
Access Channel so long as such programming is lawful. Provided that, nothing herein
shall prevent DSE, the City, or Cable Company from producing or sponsoring
programming, prevent the City or the Cable Company from underwriting programming,
or prevent DSE, the City or Cable Company from engaging in activities designed to
promote production of certain types of programming or use by targeted groups as
consistent with applicable laws and rules for use of PEG channels. DSE may develop
and enforce policies and procedures which are designed to promote local use of the
channel and make programming accessible to the viewing public, consistent with such
time, manner, and place regulations as are appropriate to provide for and promote use of
PEG access channels, equipment and facilities.
C:\Documents and Scttings\Potter\Loca\ Settings\Temporary Internet Files\OLKIA\C64506.DOC Page 2 o1
SECTION 3. INDEMNIFICATION: DSE shall indemnify, defend, and hold harmless
the City, its officers, agents, employees and volunteers from and against any and all
claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or
description, including payment of litigation costs and attorneys' fees, brought by any
person or persons for or on account of any loss, damage or injury to person, property or
any other interest, tangible or intangible, sustained by or accruing to any person or
persons, however the same may be caused, whether directly or indirectly arising or
resulting from any alleged acts or omission ofDSE, its officers, employees, agents or
subcontractors arising out of or resulting from the performance of this Agreement.
DSE shall indemnify and hold harmless the City, its officers, agents, employees and
volunteers from and against any and all claims or other injury, including costs of
litigation and attorneys' fees, arising from or in connection with claims or loss or damage
to person or property arising out of the failure to comply with any applicable laws, rules,
regulations or other requirements of local, state or federal authorities, for claims of libel,
slander, invasions of privacy, or infringement of common law or statutory copyright, for
breach of contract of other injury or damage in law or at equity which claims, directly or
indirectly, result from DSE use of channels, funds, equipment, facilities or staff granted
under this Agreement or the Franchise Agreement.
SECTION 4. COPYRIGHT.
A. CLEARANCE. Before cablecasting video transmissions, DSE shall
require all users to agree in writing that they shall make all appropriate
arrangements to obtain 1) all rights to all material cablecast and 2)
clearance from broadcast stations, networks, sponsors, music licensing
organizations' representatives, and any and all other persons as may be
necessary to transmit their program material over the Government Access
Channel. DSE shall maintain, for the applicable statute of limitations
period, copies of all such user agreements for the City's inspection, upon
reasonable notice by City.
B. OWNERSHIP. The City shall own the copyright of any programs that the
City requests DSE to produce. Copyright of all other programming shall
be held by the person( s) who produces the program.
SECTION 5. INSURANCE: DSE shall maintain in full force and effect at all times
during the term of this Agreement insurance as required by this Section. The cost of such
insurance shall be borne by DSE.
A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability
insurance, including protective, completed operations and broad form
contractual liability, property damage and personal injury coverage, and
comprehensive automobile liability including owned, hired, and non-
owned automobile coverage. The limits of such coverage shall be: (1)
bodily injury including death, $1,000,000 for each person, each
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occurrence and aggregate; (2) property damage, $1,000,000 for each
occurrence and aggregate.
B. EQUIPMENT INSURANCE. Insurance shall be maintained on all
equipment and facilities, including fixtures, to replacement cost. The
insurance shall include, at a minimum, insurance against loss or damage
beyond the user's control, theft, fire, or natural catastrophe. The City shall
be shown as lien holder on all policies.
C. WORKER'S COMPENSATION. Full Worker's Compensation Insurance
and Employer's Liability with limits as required by Michigan law,
provided through an insurance carrier satisfactory to the City.
D. CABLECASTER 'S ERRORS AND OMMISION INSURANCE. Insurance
shall be maintained to cover the content of productions which are
cablecast on the Government Access Channel in at least the following
areas: libel and slander; copyright or trademark infringement; infliction of
emotional distress, invasion of privacy; plagiarism; misuse of musical or
literary materials. This policy shall not be required to cover individual
access producers.
E. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be
named as a co-insured or additional insured on all aforementioned
insurance coverages. The policies shall provide that no cancellation,
major change in coverage or expiration may be affected by the insurance
company or DSE without first giving the City thirty (30) days written
notice prior to the effective date of such cancellation or change in
coverage. Any insurance or self-insurance maintained by the City, its
officers, agents, employees, or volunteers shall be in excess of the DSE
insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE. DSE shall file with the City proof of
insurance coverage as follows: (1) Comprehensive Liability and Workers'
Compensation; (2) equipment insurance upon the acquisition of any
equipment; (3) cablecaster's error and omission insurance within thirty
(30) days ofthe cablecasting of programming on the Government Access
Channel.
SECTION 6. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE.
A. DSE shall not discriminate against any person, employee or applicant for
employment or contract work on the basis of race, color, creed, religion,
sex, sexual preference, marital status, ancestry, national origin or physical
or mental handicap.
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B. DSE shall not discriminate in the delivery of services on the basis of race,
color, creed, religion, sex, sexual preference, marital status, ancestry,
national origin or physical or mental handicap.
SECTION 7. INDEPENDENT CONTRACTOR: It is understood and agreed that DSE
is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and DSE. If in the performance of this
Agreement any third persons are employed by DSE, such persons shall be entirely and
exclusively under the control, direction and supervision of DSE. All terms of
employment, including hours, wages, working conditions, discipline, hiring and
discharging, or any other term of employment, shall be determined by DSE and the City
shall have no right or authority over such persons or terms of employment.
SECTION 8. ASSIGNMENT AND SUBLETTING: Neither this Agreement nor any
interest herein shall be assigned or transferred by DSE, except as expressly authorized in
writing by the City.
SECTION 9. ANNUAL REPORTS: Prior to April15 of each year, DSE shall submit to
the City an annual report for the preceding fiscal year (January 1 -December 31 ). This
report shall contain, at a minimum, the following information:
A Statistics on programming and services provided;
B. Current and complete listing ofDSE's Board ofDirectors;
C. Year-end financial statements audited by an independent certified public
accountant.
SECTION 10. RECORDS. FISCAL AUDIT:
A. DSE shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from the City, DSE shall, at any time during
normal business hours, make available all of its records with respect to all
matters covered by this Agreement.
SECTION 11. ANNUAL PLAN AND BUDGET:
A On or before August 30 of each year in which this Agreement is in effect,
DSE shall provide to the City an Annual Plan and Budget outlining
activities and programs planned for the following fiscal year. Such plan
shall contain:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\C64506.DOC · Page 5 ol
1. A statement of anticipated number of hours of local original PEG
access programmmg;
2. Training classes to be offered and frequency of classes; and
3. Other access activities planned by DSE.
SECTION 12. FUNDING FROM OTHER SOURCES: DSE may, during the course of
this Agreement, receive funds from other sources, including, but not limited to,
fundraising activities. DSE may generate funding for programming through program
underwriting and sponsorship in a manner consistent with federal, state, or local non-
commercial PEG channel rules and regulations.
SECTION 13. TERM OF AGREEMENT.
A. This Agreement shall be for a period of one year commencing June 1,
2005 and ending May 31, 2006, unless terminated earlier, as provided in
this Agreement.
B. The City shall have two options to renew this Agreement for an additional
year each. Prior to 60 days before the end of the term, City shall notify
DSE of its intent to renew this Agreement for an additional year. If City
does not notify DSE of its intent to renew, the Agreement will terminate
automatically at the end of the term.
SECTION 14. TERMINATION OF AGREEMENT/TRANSFER OF ASSETS:
A. The City shall have the right upon sixty (60) days written notice to DSE to
terminate this Agreement for:
I. Breach of any provision of this Agreement by DSE;
2. Malfeasance, misfeasance, and/or misappropriation of public
funds;
3. Notice from Cable Company that DSE is engaging in commercial
advertising and/or fundraising in a manner inconsistent with PEG
channels; or
3. Loss of 501 ( c)(3) status by DSE.
B. DSE may avoid termination by curing any such breach to the satisfaction
of the City within thirty (30) days of notification or within a time frame
agreed to by the City and DSE. The City may also terminate this
Agreement at the expiration of its term, or any extension thereof
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK1A\C64506.DOC Page 6 o!
SECTION 15. TIME: Time is of the essence in this Agreement and for the performance
of all covenants and conditions of this Agreement.
SECTION 16. COOPERATION: Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 17. APPLICABLE LAW: This Agreement shall be interpreted and enforced
under the laws of the State of Michigan.
SECTION 18. NOTICES: All notices and other communications to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
TO: CITY OF MUSKEGON
Attn: Lee Slaughter
Assistant City Manager
933 Terrace Street
Muskegon, Ml49442
TO: DIGITAL SPECTRUM ENTERPRISES
Attn:
I 0 5 w·-=-=sh,_e-rm_a_n--:B::-:1,...-vd-:---
Muskegon, Ml 49444
Any party may change its address for notice by written notice to the other party at any
time.
SECTION 19. ENTIRE AGREEMENT: This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral. This
Agreement may be amended only by written agreement and no purported oral
amendment to this Agreement shall be valid.
[signatures appear on following page]
C:\Docrunents and Settings\Potter\Local Settings\Temporary Internet Filcs\OLKJA\C64506.DCX:: Page 7 oJ
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
written above.
CITY OF MUSKEGON, a Michigan municipal
And:----::::¥.~~~~!¥~~~~,!,__
Gail A. Kundinger, MMC
Its Clerk
DIGITAL SPECTRUM ENTERPRISES OF
WEST MICHIGAN, INC., a Michigan nonprofit
corporation
fufVV! B~
~~1111~
Name ____ ~----------~---------
Its _ _ _ _ _ _ _ _ _ _ __
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\C64506.DOC Page 8 oJ
Commission Meeting Date: May 24, 2005
Date: May3, 2005
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development ch-
RE: Rezoning request for properties located within 'Area 12'
SUMMARY OF REQUEST:
Request to rezone multiple tRroperties located within 'Area 12' (bounded generally by
Laketon Ave., Glade St., 9 St., Western Ave., Lakeshore Dr., Southern Ave., and
Franklin St.).
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 5/12 meeting.
5/3/2005
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN-
ORDINANCE NO. 2 1 53
An ordinance to amend the zoning map of th~ City to provide for zoning changes for certain properties within
the area bounded by Laketon Ave., Glade St., 91h St., Western Ave., Lakeshore Dr., Southern Ave., and
. Franklin St.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning ofthe following described
properties as follows (see attached map):
All properties located within the Revised Plat of 1903 ofthe City ofMuskegon:
• Block 455, Lots 1-8 from RT, Two-Family Residential to R-1, Single Family Residential
• Block 456, Lots 1-5 from RT, Two-Family Residential to R-1, Single Family Residential
• Blocks 411,412,413,414, 433,434,435,436,453, 454,478,479,480,481,484, 485, 486,487,488 from RT,
Two-Family Residential to R-1 Single Family Residential
• Blocks 471,472, and 473 from RM-1, Low Density Multiple-Family Residential toRT, Two-Family
Residential
• Block 483, Lots 1-5 and 16-20 from RT, Two-Family Residential to R-1 Single Family Residential
Properties located in Sub of Lots 1 & 2 and Part of Lot 3, Block 506 Lots 1-11 from RT Two-Family Residential to
R-1 Single Family Residential
Properties located in Sub ofPart ofLot 3 Block 506 Block 3 Lots 1-11, Block 2 Lots 1-22 and Block 1
• North Yz Lot 12 and Lots 13-22 from RT, Two-Family Residential to R-1, Single Family Residential
• South Yz ofLot 12 and Lot 11 from B-4, Convenience and Comparison Business to R-1, Single Family
Residential
This ordinance adopted:
Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and Larson
Nayes:_N_o_n_e_ __ _ __ _ __ _ __ _ __ _ _ __ _ _ _ _ _ __
Adoption Date:___M_a_y_2_4_,_2_0_0_5_ __
Effective Date: June 11 , 2005
-----~-----
First Reading: _ _ _M_a~y_2_4.:...,_2_0_0_5_ _ _ __
Second Reading:_ _N_/_A_ _ _ _ _ _ _ __
CERTIFICATE (City Commission Date: May 24,2005 Rezoning of Area 12
The undersigned, being the duly qualified clerk of the City ofMuskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission of the
111
City of Muskegon, at a regular meeting of the City Commission on the 24 day ofMay, 2005, at which meeting a
quomm was present and remained throughout, and that the miginal of said ordinance is on file in the records of the
City of Muskegon. I further certify that the meeting was conducted and public notice was given pursuant to and in
full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will
be or have been made available as required thereby. j
DATED: ¥ \5 , 2005. ~ Q. ~oL.-,.J~
Gail A. Kundinger, MMC
1
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (1 0) days of final adoption.
Area 12
Current Zoning
Zoning
c::J R.1,Stlg!•;'&'TifyRtS~n'el
D RT.TW<>f-·-··
[::J RW.. 1 . LowOtnstt,tM-•FtmlfYAts~li
E:22l ,.,.~wo6umCloM<Y""",...."""""""'""
Ill .....1 H\gl Oonsif1 ,....,.,...., "'"""""'
D FUO"""""
D
D '""·"'""'""'"'
S.I,U"""'""-·
C3 3.2,Corw..ttne•&Caf.pet'4011atSnes1
0 s~c"""!!o-•
[::;~ 5-<1, G-.,..11 !l:S;MSI
~ S 5.Gcwerntn«rte~SeMtes
c:J t-1,ll!tlt!ndJw!al
c:J I-:2, Ge"ltl'f!llr 0l."!Ott:el
c::J 'M-f!UO. w•P:rtlr.cllSUlal Plenntd t.:ll Qrr.~eloPCt*'lt
[::J osc. Ooen ~· CcrHtVetal
OSR. Open~· Racrta:Jon
C!:t t.R , l d<tl'rOI\t Rec:l'9tr.iOII
C:J WM, W.:.rl'tQnt W.erl~
D "".,..,
Area 12
Proposed Zoning
Amended Map
Nea 12 Proposed Zoning
0
Area 12
~ ~ lllllll II "' w• ~ H 1 1 1[] hI If )/rl filii[[ ITJ !':[]] t
S~ 1i lllllill!! !J~:w~ 111111116lltii1~~JII jl l ~~
R-1, S1ngi&-Famlly Residential
0 RT, Two-Family ResldenHal
0
i(
RM-1, Low Density Multlpi&-Femlly Residential
~ RM-2. Medium Density Multlpi&-Famlly Residential
RM-3• High Density Multi pi&-Family Residential
D pUC 01/erlay
D MC, Meclcal Care
Q B-1 ,Limlted Business
D B-2, convenience & Cal1parlSC11 Business
D B-3, Central Business
Q B-4. General BUsiness
~ B-5, Go~emmental Se/'lllces
D ~1, Ught lndustrtal
O 1·2, General industrial
0 Wl·pUD, Waterfront lndUstrtal Planned Unit Development
0 osc, open Space ConsO!VItlon
-----· -rn· l·v II Inn mn I I I I rlln 0 I !I \\
OSR, Open Space Recreation
E:J
Q
LR, Lakefront Recreation
WM, Waterfr0<1t Marine
l I r
CJ H, Herttogo
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on May 24, 2005, the City Commission of the City of Muskegon adopted an
ordinance amending the zoning map to change the zoning ofthe following desctibed properties as
follows:
All properties bounded by Laketon Ave., Glade St., 91h St., Western Ave., Lakeshore Dr., Southern
Ave., and Franklin St., as described below:
Properties located within the Revised Plat of 1903 of the City of Muskegon:
+ Block 455, Lots 1-8 from RT, Two-Family Residential to R-1, Single Family Residential
+ Block 456, Lots 1-5 from RT, Two-Family Residential to R-1, Single Family Residential
+ Blocks 411, 412,413,414,433,434,435,436,453,454,478,479,480,481,484,485,486,
487, 488 from RT, Two-Family Residential to R-1 Single Family Residential
+ Blocks 471, 471, and 473 from RM-1, Low Density Multiple-Family Residential toRT, Two-
Family Residential
+ Block 483, Lots 1-5 and 16-20 from RT, Two-Family Residential to R-1 Single Family
Residential
Properties located in Sub ofLots I & 2 and Part ofLot 3, Block 506 Lots 1-11 from RT Two-Family
Residential to R-1 Single Family Residential
Properties located in Sub of Part of Lot 3 Block 506 Block 3 Lots 1-11, Block 2 Lots 1-22 and Block
1
+ Notth 12 Lot 12 and Lots 13-22 from RT, Two-Family Residential to R-1, Single Family
Residential
+ South 12 of Lot 12 and Lot 11 from B-4, Convenience and Comparison Business to R -1,
Single Family Residential
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days :fiom the date of this publication.
Published _ ___,b
~-.!._
1 ____,2005 CITY OF MUSKEGON
By ___________________________
Gail A. Kundinger, MMC
Its Clerk
PUBLISH ONCE WITHIN TEN (1 0) DAYS OF FINAL PASSAGE.
AccountNo. 101-80400-5354
0:\Pianning\COMMON\Zoning\City Commission ltems\rezone\Approve\2005 Approvals\Case 2005-15 Area 12.doc
4
Date: May24, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Ireland Ave., Franklin St. to Davis St. &
Franklin St., Laketon Ave. to Ireland Ave.
SUMMARY OF REQUEST:
The reconstruction as well as underground utilities upgrade contract (H-1600) on Ireland
Ave. between Franklin St. and Davis St. and (H-1602) on Franklin St. between Laketon
Ave. and Ireland Ave. be awarded to McCormick Sand, Inc. out of Shelby, MI. McCormick
Sand, Inc. was the lowest (see attached bid tabulation) responsible bidder with a bid price
of $362,361.59
FINANCIAL IMPACT:
The construction cost of $362,361.59 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to McCormick Sand, Inc.
COMMITTEE RECOMMENDATION:
n"'IUUU- 1"-L...L..I"'\1'1..., 1'"\Y &..., """l""lY 1'-1 '-1 I. I'-' I 1'-l""ll'l'-11-11' '-"I •
BID TABULATION 05/17/05
!,.VI'I. I f'Vo\V I VI SCHULTZ EXCAVATING JACKSON-MERKEY MCCORMICK SAND
lDDRES: ENGINEER'S 5565 6TH ST 555 E. WESTERN AVE. 998 S. 102ND AVE.
CITY/STJZIP ESTIMATE LUDINGTON Ml 49431-0683 MUSKEGON, Ml 49441 SHELBY Ml 49455
ITEM OF WORK UNIT QTY UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
1 ADJUST MANHOLE CASTING EACH 3 $325.00 $975.00 $ 400.00 $ 1,200.00 $ 375.00 $ 1,125.00 $ 475.00 $ 1.425.00
2 AGGREGATE BASE COURSE 22A@ 6" C.I.P. SQ. YD. 3659 $5.00 $18,295.00 $ 6.10 $ 22,319.90 $ 6.25 $ 22,868.75 $ 4.63 $ 16,941.17
3 BENDS D.C.I. 8" 45° M.J. EACH 8 $250.00 $2,000.00 $ 215.00 $ 1,720.00 $ 275.00 $ 2,200.00 $ 290.00 $ 2,320.00
4 BIT.LEVELINGMIX3C@165#/S.Y. TON 302 $45.00 $13,590.00 $ 43.15 $ 13,031.30 $ 43.10 $ 13,016.20 $ 41.10 $ 12,412.20
5 BIT. TOP MIX4C @ 165#/S.Y. TON 302 $50.00 $15,100.00 $ 46.50 $ 14,043.00 $ 46.25 $ 13,967.50 $ 44.24 $ 13,360.48
6 CATCH BASIN CASTING JEW #7045 OR EQUAL EACH 6 $500.00 $3,000.00 $ 440.00 $ 2,640.00 $ 565.00 $ 3,390.00 $ 600.00 $ 3,600.00
7 CATCHBASINFLATTOP EACH 6 $1,300.00 $7,800.00$ 1,150.00 $ 6,900.00 $ 1,280.00 $ 7,680.00 $ 900.00 $ 5,400.00
8 CONCRETE DRIVE APPROACH 6" STANDARD SQ. YD. 17 $28.00 $476.00 $ 29.00 $ 493.00 $ 29.70 $ 504.90 $ 45.00 $ 765.00
9 CONCRETE GUTTER PAN LIN. FT. 61 $15.00 $915.00 $ 16.00 $ 976.00 $ 16.50 $ 1,006.50 $ 16.00 $ 97
...... .. ... -- --- $3.00 $1,050.00 $ 2.50 $ 875.00 $ 2.50 $ 875.00 $ 2.50 $ 87
n CORP. STOP 1" 15000 OR EQUAL $225.00 $4,725.00 $ 175.00 $ 3,675.00 $ 245.00 $ 5,145.00 $ 220.00 $ 4,62
12 CROSS D.C.!. 8"x 8" $450.00 $900.00 $ 375.00 $ 750.00 $ 350.00 $ 700.00 $ 600.00 $ 1,20
13 CURB & GUTTERS DETAIL I $9.00 $720.00 $ 16.00 $ 1,280.00 $ 16.50 $ 1,320.00 $ 16.00 $ 1,28
"W/1 ~#15150 OR EQUAL $250.00 $500.00 $ 500.00 $ 1,000.01
$1.400.00 $2,800.00 $ 1,500.00 $ 3,000.00 $ 1,295.00 $ 2,590.00 $ 1,575.00 $ 3,150.00
11.1 $800.00 $8,880.00 $ 550.00 $ 6,105.00 $ 1,690.00 $ 18,759.00 $ 875.00 $ 9,712.50
$475.00 $475.00 $ 350.00 $ 350.00 $ 460.00 $ 460.00 $ 450.00 $ 450.00
18 $150.00 $150.00 $ 300.00 $ 300.00 $ 750.00 $ 750.00 $ 300.00 $ 300.00
JU~~~ 8" TO 6" D.C.I. M.J. 1 EACH I 4 t $200.00 $800.00 $ 250.00 $ 1,000.00 $ 160.00 $ 640.00 $ 265.00 $ 1,060.00
~OVING CATCH BASIN EACH 6 $300.00 $1,800.00 $ 260.00 $ 1,560.00 $ 400.00 $ 2.400.00 $ 290.00 $ 1,740.00
,......,,. .. ,...,. "''"'u":. CURB .1 LJ_N_~_~T. 49 $10.00 $490.00 $ 5.00 $ 245.00 $ 18.00 _$ 882.00 $ 12.00 $ 588."'"'
:. CURB & GUTTER I $800.00 $ 640.00 $ 48v.
3C $110.50 -~ _ __c15,3"'.0"0'-""---="'-
~PAN I LIN. FT. 61 $10.00 $610.00 $ 5.00 $ 305.00 $ 7.00 $ 427.00 $ 6.00 $ 36
NC.SW ESQ.. 350 $2.00 $700.00 $ 2.00 $ 700.00 $ 1.25 $ 437.50 $ 1.00 $ 35
""'~OVING PA~ iQ.YD. 3659 $4.00 $14,636.00 $ 3.75 $ 13,721.25 $ 2.50 $ 9,147.50 $ 2.00 $ 7,
r SAND REFILL ~U.YD. 1697 $6.00 $10,182.00 $ 10.00 $ 16,970.00 $ 8.00 $ 13,576.00 $ 10.00 $ 16,
J SLEEVES LONG 6" EACH 4 $400.00 $1,600.00 $ 200.00 $ 800.00 $ 2.50 $ 10.00 $ 555.00 $ 2,22
29 <"> ,..,....,.., ... I ""U"' <>" I
EACH 1 $450.00 $450.00 $ 225.00 $ 225.00 $ 300.00 $ 300.00 $ 430.00
30 I STORM SEWER 1 0" ! 35 .IN. FT. I 24 $35.00 I $840.001 $ 63.00 I $ 1,512.00 I$ 25.00 I $ 600.00 I$ 47.00 I $ 1,
31 TEE D.C.!. 8" x 8' EACH I 2 I $300.00 I $600.00 I $ 360.00 I $ 720.00 I $ 350.00 I $ 700.00 $ 420.00 $ g,
32 TRAFFIC CONTR LUMP -1- 1 -t $7,500.00 I $7,500.001 $ 7,500.00 $ 7,500.00 $ 4,175.00 $ 4,175.00 $ 2,000.00 $ 2,000.00
i REPAIR ;o.oo-1- $4,000.0g(_ s 9o.oo-J. s 7,200.00-J- $ 10.00-1- s 8oo.oo s 16.00 $ 1,28o.oo
JRAIN 6" PIPE 2,592.00 $ 4.00 $ 1,728.0Q_
.LVE 6" GATE M.J. W/BOX 15o.oo I s 625.1 615.00 1,230.00 $ 72(
.)0 vf-l.LVE 8" GATE M.J. W/BOX 800.
37 WATER SERV 727. $ 2,74:>.UU
38 WATERMAIN I 51 $35.1 ,683.1 $ 1,73~ ~~
., 0 'MA.TERMAIN 8" D.C.!. CL. 52 LIN. $34.on $40,528.001 $ 31 37,548.1
""'+ $1;
TOTAL ~
PAGE 1 OF 2
~------------,------ -------------------
BID TABULATION 05/17/05
IUK WADEL STABILIZATION DAN HOE EXCAVATING
ENGINEER'S 2500 N. OCEANA DR. 13664 ROCKY'S RD
HART, Ml 49420 l-Int I AMn. Ml 49423
ITEM OF WORK UNIT QTY UNIT COST! TOTAL PRICE UNIT COST TOTA~-~RICE I UNIT COST TOTAL PRIC
ADJUST MANHOLE CASTING EACH 3 $325.00 $975.1 450.1 35 1,050.
AGGREGATE BASE COURSE 22A@ 6" C.I.P. SQ. YD. 3659 $5.00-f_ -s:; 5.00 $ 18,295.
BENDS D.C.I. 8" 45° M.J. EACH 8 $2~ 350 00 350.00 $ 2,800.vv
BIT. LEVELING MIX 3C@ 165#/S.Y. TON 302 1.00 $ 18,120.00
BIT. TOP MIX 4C @ 165#/S.Y. TON 302
$-
$50.00 . -- - •o,l20.1
~-
6 ICATCH BASIN CASTING JEW#7045 OR EQUA~- _ EACH 6 $500.0ot $3,000. 3,300.1
$7,800. 6!
$476.
CHINE GRAi:uNG Moo. -STA. 11.1 $8oo.oo S8,8so.oo s 1,8oo.oo s 19,98o.oo s 1,5oo.oo
""--'"'.ECASTINGEJIW#10400REQUAL EACH 1 $475.00 $475.00 $ 800.00 $ 800.00 $ 550.00 IS 550.00_
-:;:FLOW LINE EACH 1 $150.00 $150.00 $ 600.00 $ 600.00 $ 500.00 I$ 500.
8" TO 6" D.C.!. M.J. EACH 4 $200.00 $800.00 $ 225.00 $ 900.00 $ 250.00j_ $ 1,Q_Q_QJ
:MOVI~ ~H .00 ...!, 1,500.1
:MOVI~ . Fl ]0 735~
rtc1v1UVING CONC. CURB & GUTTER . Fl .00 1.
REMOVING CONC. DR I.YI •O,;;JU -1'11Uo>1U -1' ..lU.UU ,jl ;;JIU.UU .1) IUoUU ,jl IIU.UU
REMOVING CONC. GU LIN. FT. 61 $10.00 $610.00 $ 15.00 $ 915.00 $ 10.00 $ 610.00
REMOVING CONC. SW ESQ.. 350 $2.00 $700.00 $ 3.00 $ 1,050.00 $ 1.00 $ 350.00
..... REMOVING PAVEM SQ.YD. 3659 $4.00 $14,636.00 $ 4.50 $ 16,465.50 $ 4.00 $ 14,636.00
27 SAND REFILL CU.YD. 1697 $6.00 $10,182.00 $ 12.00 $ 20,364.00 $ 9.00 $ 15,273.00
"
0
SLEEVES LONG 6" D.C.!. M.J. EACH 4 $400.00 $1,600.00 $ 1,000.00 $ 4,000.00 $ 500.00 $ 2,000.00
) LONG 8 .. D.C. I. M.J. EACH 1 $450.00 $450.00 $ 1,000.00_ $ 1,000.00 $ 500.00 $ 500.00
STORM SEWER 10" SDR 35 -LIN. FT. I 24 ~~5.00 I $840,QQU_ 80.00 I $ 1,920.00 I$ 45.00[$ 1,080.00
TEE D.C.!. 8" X-~" x 6" EACH I I
TRAFFIC CONl
TRENCH REPA
LUMP -+
2
1 -+ $300.00
$7',500.00
$50.00
$600.00 $
$4,000.00 $
350.00 $
$7,500.00 $ 4,500.00 $
40.00 $
700.00
4,500.00
3,200.00
$
$
$
400.00 $
3,000.00 $
125.00 $
800.00
3,000.01
10,000.1
UNDERDR 4: $15.00 $6,480.00 $ 6.00 $ 2,592.00 $ 8.00 $ 3,456.1
VALVE 6" I AC $§J5.oo $1,15o.oo $_ 75o.oo s ~.~oo.oo $ 75o.oo s 1,500.1
'ALVE 8" AC $70o.oo I $5,soo.ool s 95o.oo I s 7,6oo.oo $ 85o.oo s 6,8oo.1
VATER SERVICET'fYPE' 5.00 $ 1,525.00 $ 15.00 $ 4,575.1
VATERMAIN 6" D.C.I. CL 5: 40.00-+ $ 2,040.00 $ 25.00 $ 1,275.1
I .:,,., I'IVATERMAIN 8" D.C.!. CL. 5: Ll 1192 :1.01 34,568.00 $ 30.00 $ 35,760.1
]TOTAL ~1"-7 !';.R7,!';.0 ~?M ~?~}H> S:?n? . .4?n nnl
PAGE20F2
n"" I UU£.- 1-1"'-l'"U,r'-1...11'1 "-'I., ~~ '-._ 1 - • ' " ,-,w - · • - •• ""--•.., • - • ~• - ·
BID TABULATION 05/17/05
CONTRACTOR I SCHULTZ EXCAVATING JACKSON-MERKEY MCCORMICK SAND
A ENGINEER'S 555 E. WESTERN AVE. 998 S.102ND AVE.
MUSKEGON, Ml 49441 SHELBY Ml 49455
Q UNIT COST I TOl
onn.,..,..,....,..,..
, ,,,..,._ ... ..., , ............... , .,..,....,..
,..., ,AL PRICE UNIT COST TOTAL PRICE
ITEM OF WORK
1 ADJUST MANHOLE CASTING $3: )25.001 $ 380.00 $ 1,900.00 $ 375.00 $ 1,875.00 $ 475.00 $ 2,375.00
2 AGGREGATE BASE COURSE 22A 6" C.LP. SQ. Y[ ,29- 6.25 $ 18,306.25 $ 6.50 $ 19 038.50 $ 4.63 $ 13,561.27
3 BENDS D.C.I. 8" 45° M.J. EA' 225.00 $ 1,800.00 $ 275.00 $ 2,200.00 $ 290.00 $ 2,320.00
4 BIT. LEVELING MIX 3C@. 165#/S.Y. TC 43.50 $ 10,483.50 $ 43.45 $ 10,471.45 $ 41.41 $ 9,979.81
5 BIT. TI"\D
• -· .....
l c4C_@T65#/S.Y. 46.50 $ 11,206.50 $ 44.45 $ 10,
CATCH BASIN CASTING EJIW #7045 OR EQUAL EA
CATCHBASIN FLAT TOP EACH 1 $1,300.00 $1,300.00 $ 1,050.00 $ 1,050.00 $ 1,300.00 $ 1, 00
CORP.STOP1"MUELLER#150000REQUAL EACH 5 $225.00 $1,125.00 $ 190.00 $ 950.00 $ 245.00 $ 1,225.00 $ 220.00 $ 1,
CROSS D.C.!. 8"x 8" M.J. EACH 2 $450.00 $900.00 $ 350.00 $ 700.00 $ 350.00 $ 700.00 $ 600.00 $ 1,200.uu
CURB & GUTTER STANDARD DETAIL I LIN. FT. 10 $9.00 $90.00 $ 16.00 $ 160.00 $ 16.50 $ 165.00 $ 20.00 $ 200.00
CURB STOP I" WI BOX MUELLER#15150 OR EQUAL EACH 5 $250.00 $1,250.00 $ 300.00 $ 1,500.00 $ 275.00 $ 1,375.00 $ 260.00 $ 1,300.00
'"" CUT,CAP AND RESTRAIN EXIST. 6" WATER MAIN EACH 1 $300.00 $300.00 $ 875.00 $ 875.00 $ 850.00 $ 850.00 $ 650.00 $ 650.00
13 HYDRANT STD. EACH 3 $1,400.00 $4,200.00 $ 1,500.00 $ 4,500.00 $ 1,295.00 $ 3,885.00 $ 1,525.00 $ 4,575.00
14 MACHINE GRADING MOD. STA. 9.3 $800.00 $7,440.00 $ 650.00 $ 6,045.00 $ 1,900.00 $ 17,670.00 $ 1,036.00 $ 9,634.80
15 MANHOLE CASTING EJIW #1040 OR EQUAL EACH 3 $475.00 $1,425.00 $ 350.00 $ 1,050.00 $ 460.00 $ 1,380.00 $ 450.00 $ 1,350.00
16 REDUCERS 8" TO 6" D.C.I. M.J. EACH 4 $200.00 $800.00 $ 250.00 $ 1,000.00 $ 160.00 $ 640.00 $ 265.00 $ 1,060.00
··~· .. ··~CATCH BASIN EACH 1 $300.00 $300.00 $ 300.00 $ 300.00 $ 400.00 $ 400.00 $ 290.00 $ 290.00
I •• ~~- .. ~'""'~ ~ONC. CURB & GUTrER $ 120.00 $ -60.00
'AVEMENT $ 8,054. 75 $ 4.393.50
I .t:-1 SANI'fARYSEWER8"SDR35 - - - -- -- - l.IN.Ft----:---- 180- $40.00 $7,200.06$ 33.00 $ 5,940.00 $ 54.00--
...... >LEEVES LONG 6" D.C.I. M.J. EACH 4 $400.00 $1,600.00 $ 275.00 $ 1,100.00 $ 250.00 $ 1,000.00 $ 555.00 $ 2,220.00
_ dLEEVES LONG 8" D.C.I. M.J. EACH 2 $450.00 $900.00 $ 315.00 $ 630.00 $ 300.00 $ 600.00 $ 430.00 $ 860.00
..... ~~aRM SEWER 10" SDR 35 LIN. FT. 4 $35.00 $140.00 $ 400.00 $ 1,600.00 $ 35.00 $ 140.00 $ 47.00 $ 188.00 I
1 SLEEVE 12"X8" WNALVE & BOX EACH 1 $2,000.00 $2,000.00 $ 2,500.00 $ 2,500.00 $ 2,650.00 $ 2,650.00 $ 2,500.00 $ 2,500.00
rEED.C.I.8"x8"x6"M.J. ---r-EAcH-- 3- $300.0o - $900.00--$ 36o.oo $ -f,o8o.oo f- 350.00- $ 1--:DSo.oo s-42Ci":"oo ~26o.oo
27 TRAFFIC CONTROL LUMP 1 $7,500.00 $7,500.00 $ 7,500.00 $ 7,500.00 $ 6,750.00 $ 6,750.00 $ 4,500.00 $ 4,500.00
28 TRENCHREPAIRMAJORSTREETTYPEIV LIN. FT. 22 $45.00 $990.00 $ 115.00 $ 2,530.00 $ 190.00 $ 4,180.00 $ 121.82 $ 2,680.04
29 TRENCH REPAIR SPECIAL LIN. FT. 322 $50.00 $16,100.00 $ 82.00 $ 26,404.00 $ 8.50 $ 2,737.00 $ 28.58 $ 9,202.76
30 UNDERDRAIN 6" PIPE LIN. FT. 500 $15.00 $7,500.00 $ 5.75 $ 2,875.00 $ 6.00 $ 3,000.00 $ 4.00 $ 2,000.00
~~ VALVE 6" GATE M.J. W/BOX EACH 3 $575.00 $1,725.00 $ 625.00 $ 1,875.00 $ 615.00 $ 1,845.00 $ 720.00 ... ~ ~~- --
.:: U I UI/DI"W 1:"1\I""U !), <i:"7M nn ¢5,600.00 $ 800.00 $ 6,400.00 $ 750.00 $ 6,000.00 $ 855.01
2_!25.00 $ 19.00 $ 2,945.00 $ 21.nn <I: "".,~-= nn 1!: - -·
1,575.00 41.00 $ 1,845.00 34.00 o!> o, .... ...-• ...-v
IWATERMAIN 8" D.C.I 7,570.00 $ 51,106.25 $ 41,990.00
TAL $187,188.00 $ 199,482.40 $18"7 R.1r~ .1n
PAGE1 0F2
11-IVV,.._-, • ....,.....,,,,.._,,., " " ' ' ' _....,.,,_,_,.,~ .. • - • · - ,,.., _ _ •u,._ ,,..,_,
BID TABULATION 05/17/05
IUK WADEL STABILIZATION DAN HOE EXCAVATING
ADDRESS ENGINEER'S 2500 N. OCEANA DR. 13664 ROCKY'S RD
HART. Ml 49420 1-101 I ANn, Ml49423
ITEM OF WORK UNIT QTY TOTAL PRICE UNIT COST fOTAL PRICE UNIT COST TOTAL PRICE
1 ADJUST MANHOLE CASTING EACH 450.00 !,250.00 $ 350.00 $ 1,75o.on
2 AGGREGATE BASE COURSE 22A@ 6" C. J.P. SQ. YD. 2929 ----s:36 5.00 $ 14,645.1
3 BENDS D.C.!. 8" 45° M.J. EACH 8 $2s0:oo 350.00 50.00 $ 2,800.1
4 BIT. LEVELING MIX 3C 165#!S.Y. TON 241 $45.00 $10,845.00 41.10 60.00!
5 BIT. TOP MIX4c_@ 165#/S.Y. TON 241 $50.00 $12,050.00 60.00 14,460.(
6 CATCH BASIN CASTING EJIW #7045 OR EQUAL EACH 1 $500.00 550.(
7 CATCHBASIN FLAT TOP EACH 1 $1,300.00 $1,300.00 $ 1, - 00.{
1....1.t
8 CORP. STOP 1" MUELLER#15000 OR EQUAL EACH 5 $225.00 $1,125.00 $ ~ 2,500. '.5.(
n '::ROSS D.C.I. B"x 8" M.J. EACH 2 $450.00 $900.00 $ l 1,300. ;'
,--
n;
:URB&GUTTERSTANOARD DETAIL! LIN. FT. 10 $9.00 $90.00 $ 22.01 220.
:URB STOP I" WI BOX MUELLER#15150 OR EQUAL EACH 5 $250.00 $1,250.00 $ 250.00 ,.. ··--~--- ,.. ·--·-- ... ---·- ..
~AND RESTRAIN EXIST. 6" \IV~TER MAIN EACI:l._ 1 $300.00 $300.00 $ 450.00 $ 450.00 $ 750.00 $ 750.00
NT STD. EACH 3 $1,400.00 $4,200.00 $ 1,600.00 $ 4,800.00 $ 1,250.00 $ 3,750.00
I<+ fMACHINE GRADING MOD. STA. 9.3 $800.00 $7,440.00 $ 2,000.00 $ 18,600.00 $ 1,500.00 $ 13,950.00
"r u.o.uu,...,r::r-.o.._.TINGEJIW#10400REQUAL EACH 3 $475.00 $1,425.00 $ 800.00 $ 2,400.00 $ 550.00 $ 1,650.00
·o 6" D.C.!. M.J. EACH 4 $200.00 $800.00 $ 225.00 $ 900.00 $ 250.00 $ 1,000.00
CATCH BASIN EACH 1 $300.00 $300.00 $ 350.00 $ 350.00 $ 250.00 $ 250.00
)VING CONC. CURB & GUTTER LIN. FT. 10 $10.00 $100.00 $ 30.00 $ 300.00 $ 10.00 $ 100.00
._....,.VI"> 2929 $4.00 $11,716.00 $ 4.50 $ 13,180.50 $ 4.00 cr, H.,~~ nn
2619 _!8.00 $2q,~_~Ll___ 14.00 ~-- 36,666.00 $ 9.00
ITER8"SDR35 UN.FT. 180 $40.00 $7,200.00$ 30.00 $ 5,400.00 $ 50.00 $ 9,000.
22 SLEEVES LONG 6" D.C.I. M.J. EACH 4 $400.00 $1,600.00 $ 1,000.00 $ 4,000.00 $ 500.00 $ 2,000.1
23 SLEEVES LONG 8" D.C.I. M.J. EACH 2 $450.00 $900.00 $ 1,000.00 $ 2,000.00 $ 500.00 $ 1,000.Uu
,. STORM SEWER 10" SDR 35 LIN. FT. 4 $35.00 $140.00 $ 75.00 $ 300.00 $ 45.00 $ 180.00
TAPPING SLEEVE 12"X8" WNALVE & BOX EACH 1 $2,000.00 $2,000.00 $ 2,100.00 $ 2,100.00 $ 3,000.00 $ 3,000.00
X 6" M.J.
I EACH 3 $300.00 $900.00 $ 350.00 $ 1,050.00 $ 400.00 $ 1,200 ......
' nn cr,-, ,500.00 $ 8,0
_gl90.
100.
iiO
I VALVE 8" GATE M.J. W/BOX EACH 8 $700.00 $5,600.00 $ 950.1 ~0
t,WAT_I;RSERVICE 1" TYPE "K" COPPER LIN. FT. 155 $15.00 $2,325.00 $ 5.00 00-
~ 6" D.C.!. CL. 52 UN. FT. 45 $35.00 $1,575.00 $ 40.00 1,800.00 $ 25.0( 00
~--?_':_D.C.!. Cl. 52 __ UN. FT·_ 1105 $34.00 $37,570.00 $ 31.00_ 34,255.00 $ 30.00
TOTAL $187_188_00 2:_00
PAGE20F2
SCHULTZ EXCAVATING MCCORMICK SAND DAN HOE EXCAVATING WADEL STABILIZATION
5565 6TH ST 998 S.102ND AVE. 13664 ROCKY'S RD 2500 N. OCEANA DR.
. PAGE10F2
Date: May 24, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Fair Ave., Torrent St. to Addison St.
SUMMARY OF REQUEST:
The paving as well as sanitary sewer upgrade contract (H-1598) on Fair Ave. between
Torrent St. & Addison St. be awarded to Schultz Excavating, Inc .. out of Ludington, MI.
Schultz Excavating, Inc,. was the lowest, see attached bid tabulation, responsible bidder
with a bid price of $112,618.85.
FINANCIAL IMPACT:
The construction cost of $112,618.85 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Schultz Excavating, Inc..
COMMITIEE RECOMMENDATION:
H-1598, W-674 & S-607 FAIR AVE. TORRENT ST. TO ADDISON ST.
BID TABULATION 05/17/05
{.;UNIKAI..>IUH DAN HOE EXCAVATING SCHULTZ EXCAVATING JACKSON-MERKEY
~DDRESS ENGINEER'S 13664 ROCKY'S RD 5565 6TH ST 555 E. WESTERN AVE.
LUDINGTON Ml 49431·0683 MUSKEGON, Ml 49441
ITEM UNii .. T COST UNIT COST TOTAL PRICE UNIT COST TOTAL PRICE
1 ADJUST MANH6II=-CASTINGS EA. 425.00 350.00 ).00
2 AGGREGATE PREPARATORY WORK STA. ,600.Qg 300.00 ;,900.0_0 565.00 ).00
BIT. LEVELING MIX3C@ 165#/S.Y. TON _1 0.01 46. 44.60
C @ 165#/S. Y. TON 242 48. ,616. 47.50
CATCH BASIN CASTING E.J.#5051 OR EQUAL EACH ,20 ,20 400. 800. 535.00 $-~.00
CATCH BASIN CASTING E.J.#7045 OR EQUAL EACH $ --~ ..... ,60 450. 1.800. 575.00 $ 2,300.00
CATCH BASIN 2' J.D. EACH I $1,
sa~-~~ 1 ! ~·~~~- 1,000 5,00 1,050.00 $ 5,250.00
~,... .. ,,... CURB & GUTTER STD. DETAIL
HOP 1" MUELLER#15000 OR
lOX
---.
1!
4
35
Ts....
I:)
...
I
~
f6
....
1,08
64¥·~-
1,000.00
16.50
225.00
245.00
$
$
$
3,184.50
900.00
980.00
'E~
'E~
s
s
[).00
[).OC
2,906.75
.,., ....., 2.75
3 MANHOLE CASTING E.J.#1000 OR EQUAL ' [).OC ;·~~I: 3
i1- REM. BIT. SURFACE BY COLD MILLING 3" TO 4" 2
15 REMOVING CONC. CURB LIN. FT. 122 $9.00 $1,098.00 $ 15.00 $ 1,830.00 $ 5.00 $ 610.00 $ 16.00 $ 1,952.
16 REMOVING CONC. CURB & GUTTER LIN. FT. 193 $5.00 $965.00 $ 8.00 $ 1,544.00 $ 5.00 $ 965.00
$ 7.00 $ 1,351.
17 REMOVING CONC. SIDEWALK SQ.FT. 1051 $1.50 $1,576.50 $ 1.00 $ 1,051.00 $ 1.35 $ 1,418.85 $ 1.10 $ 1,156.
18 SANITARY SEWER 10" D.C.I. CL. 52 LIN. FT. 14 $165.00 $2,310.00 $ 75.00 $ 1,050.00 $ 150.00 $ 2,100.00 $ 115.00 $ 1,610.uu
19 SANITARYSEWERSERVICE6"SDR35 LIN. FT. 130 $25.00 $3,250.00 $ 40.00 $ 5,200.00 $ 48.00 $ 6,240.00 $ 39.00 $ 5,070.00 j
20 SANITARY SEWER 8" SDR35 LIN. FT. 213 $25.00 $5,325.00 $ 55.00 $ 11,715.00 $ 45.00 $ 9,585.00 $ 69.00 $ 14,697.00
21 SANITARY SEWER WYE 8"x 6" SDR 35 EACH 9 $150.00 $1,350.00 $ 200.00 $ 1,800.00 $ 100.00 $ 900.00 $ 80.00 $ 720.00
22 STORM SEWER 10" S.D.R. 35 LIN. FT. 81 $27.50 $2,227.50 $ 40.00 $ 3,240.00 $ 46.00 $ 3,726.00 $ 24.00 $ 1,944.00
23 STORM SEWER 15"" S.D.R. 35 LIN. FT. 30 $33.00 $990.00 $ 50.00 $ 1,500.00 $ 49.50 $ 1,485.00 $ 29.00 $ 870.00
'J..t TOPSOIL, SEED & MULCH S.Y. 55 $2.00 $110.00 $ 10.00 $ 550.00 $ $
7.00 $
385.00 5.00 $ 275.00l
TRAFFIC CONTROL LUMP 1 $4,000.00 $4,000.00 $ 6,500.00 $ 6,500.00 $ 4,000.00 $ 4,000.00 $ 4,450.00 $ 4,450.00
TRENCH REPAIR, LOCAL STREET TYPE I (EXTRA STRENGTH 9 SAC LIN. FT. 117 $85.00 $9,945.00 $ 75.00 $ 8,775.00 $ 87.00 $ 10,179.00 $ 78.00 $ 9,126.00
TRENCH REPAIR, LOCAL STREET TYPE Ill (AGG. BASE LIN. FT. 243 $20.00 $4,860.00 $ 8.00 $ 1,944.00 $ 35.00 $ 8,505.00 $ 15.50 $ 3,766.50
WATER SERVICE 1" TYPE_'_'K"COPPER LIN. FT. 83 $20.00 $1,660.00 $ 16.00 $ 1,328.00 $ 28.00 $ 2,324.00 $ 19.00 $ 1,577.00
~ - g: - g: -
COTALI _j
Date: May24, 2005
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Fifth St., Campus Ave. to Merrill Ave.
SUMMARY OF REQUEST:
The paving as well as underground utilities upgrade contract (H-1599) on Fifth St.,
between Campus Ave. & Merrill Ave. be awarded to Schultz Excavating, Inc. out of
Ludington, MI. Schultz Excavating, Inc. was the lowest, see attached bid tabulation,
responsible bidder with a bid price of $349,006.25.
FINANCIAL IMPACT:
The construction cost of $349,006.25 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Shultz Excavating, Inc.
COMMITTEE RECOMMENDATION:
H-1599,W-663,S-599 FIFTH ST./CAMPUS TO MERRILL
SCI-IULlZ EXCAVATING JACKSON-MERKEY WADEL STABILIZATION DAN HOE EXCAVATING
ENGINEER'S 5565 6TH ST 555 E. WESTERN AVE. 2500 N. OCEANA DR. 13664 ROCKY'S RD
DATE: May 16, 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-050085 Address:
1376 Sanford.
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
1376 Sanford 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-050085 - 1376 Sanford
Location and ownership: This structure is located on Sanford between Isabella
and Washingto!l and is owned by Marshall Redder.
Staff Correspondence: A dangerous building inspection was conducted on
02/16/05 and the notice and order to repair was issued on 02/23/05. On 04/07/05
the HBA declared the structure substandard and dangerous. The case began
after structure was damaged by fire . A progress inspection conducted 05/05/05
home is partially demolished .
Owner Contact: Owner pulled permit to demolish 03/01/05. Mr. Redder sent
letter to Inspections Department stating the demolition would be complete by
04/30/05.
Financial Impact CDBG Funds
Budget action required : None
State Equalized value: $10,000
Estimated cost to repair: Not able to repair
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, May 24, 2005.
C:\Docume nts and Settings\Potter\Local SettingsU'emporary Internet Files'OLK IA\AGENDA- 1376 Sanford.do c page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1376 Sanford (Fire Damaged)
02116/05
Inspection noted:
I. Home was severely damaged by fire, major structural damage occurred to roof
system, floors, walls, and bearing beams.
2. Home has sat vacant in damaged state since December 2004. No permits to
renovate or demolish have been obtained. No contact with owner on intentions.
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\1376 Sanford.doc
/ 3"1~ s- AN~\'~81. /di.;;>:YI.,;)OOc{.
Fl £'L DA-rnA-<(~aO.
/l4 \(_S t-J_,(.\-(j__ {2_~ ~
3<\ ba 3 tJ+-~ ~r, .sv.J,
C\-~' ~~ 0't ll E_ l\ ~ (
DATE: May 16,2005
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-01-044 Address:
252 Allen.
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
252 Allen- AREA 11 is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN-01-044 - 252 Allen
Location and ownership: This structure is located on Allen between Fork and
Cedar St and is owned by William Pace Sr.
Staff Correspondence: A dangerous building inspection was conducted on
09/06/01 and an interior inspection on 10/31/01. The Notice and Order to Repair
was issued on 09/14/01. On 06/05/03 the HBA declared the structure
substandard and dangerous.
Owner Contact: The property was represented by the daughter of the owner at
the HBA meeting dated 11/01/01 stating intentions that the family would rehab.
HBA tabled the case for 60 days. Case brought back to HBA 01/03/02. Mr. Pace
and his step-daughter were present to represent this case. It was stated the
issue with Andy Johnson has been resolved and the 1999 taxes have now been
paid. They need more time to get contractors lined up. The HBA tabled case for
30 days to allow time for owner to submit a time line for repairs, and apply for
permits. Case brought back to HBA 02/07/02. This case was removed from the
agenda. The owner had been in contact with the Inspection Department and was
in the process of repairing. A permit was issued 02/05/02 to repair roof and
permit issued 06/24/03 for vinyl siding. Case brought back to HBA 06/05/03. Mr.
Grabinski gave a history on this case and stated that it appears work has come
to a standstill. The owner's daughter-in-law was present and stated that work
has stopped because they ran out of money. The house is gutted now and new
rafters have been put on. There has been no contact from the owners since April
2002. The HBA declared the house dangerous, substandard and a public
nuisance 06/05/03.
C:\Documents and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA- 252 Allen. doc page I of2
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $17,400
Estimated cost to repair: $25,000
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, May 24, 2005.
C;\Documcnts and Settings\Potter\Local Settings\remporary Internet Files\OLKIA\AGENDA ~ 252 Allen.doc page 2 of2
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
252 Allen Ave.
916101
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any pennits or certificates of occupancy will be
issued.
2. No water, no gas, electric pulled 9/5/01.
3. Steps to upstairs floor broken, missing.
4. Filth, garbage tlu·oughout structure.
5. Infested with roaches, mice and ants.
6. Ceilings gone or falling- water leaks throughout.
7. Open splices -many areas.
8. Roof system failing- rafters pulling away.
9. Extension cord use in basement.
I 0. Broken windows- front.
II. Bathroom floor weak- not level.
12. Walls crumbling- plaster falling.
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.
ert Grabinski, Fire Marshal/Inspection Services
F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\252
Allen.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
252 Allen Ave.
(INTERIOR INSPECTION)
Inspection noted:
I. Large amount of ceiling damage due to water infiltration- ceiling covering of
Lath and plaster falling off ceiling throughout entire home.
2. Upper staitway deteriorated, rotted treads and risers very unsafe. Deteriorated
guardrail.
3. Roof covering installed over damaged rafters.
4. No smoke detectors.
5. Replace furnace and all duct work.
6. Replace all gas lines.
7. Replace all plumbing. (piping and fixtures)
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.
\D - 3 1-0 l
DATE
. :')(
F:\lnspcct ions\Grabinski _ Lorra inc\W ord\DAI'\ G EROU S BUILDING INSPECTION
REI'ORTS\STANDAIW FORMS\D81NSI'ECTIOCI REPORT FORM-INTERIOR.doc
/
_____.....
... - ___________ .
ODATE: May 16,2005
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-040054
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
1123 Chestnut- AREA 11 is unsafe, substandard, a public nuisance and that it
be demolished within thirty (30) days. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor
and City Clerk be authorized and directed to execute a contract for demolition
with the lowest responsible bidder.
Case# & Project Address: # EN-040054- 1123 Chestnut
Location and ownership: This structure is located on Chestnut between Isabella
and Catherine and is owned by Lam Long.
Staff Correspondence: A dangerous building inspection was conducted on
05/06/04. An interior inspection was conducted 06/01/04. The Notice and Order
to Repair was issued on 05/12/04. On 03/03/05 the HBA declared the structure
substandard and dangerous.
Owner Contact: No one was present to represent case at HBA meeting. Permit
issued 07/07/04 but expired 11/07/04. There has been no owner contact since
that time.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $15,300
Estimated cost to repair: $35,000
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, May 24, 2005.
C:\Documcnts and Settings\Potter\Local Settings'U'emporary Internet Files\OLKIA\AGENDA ~ 1123 Chestnut.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1123 Chestnut
516104
Inspection noted:
1. Siding is rotted and deteriorating.
2. Front porch roof needs to be replaced.
3. Side stairway needs to be replaced.
4. Side stair roof needs to be replaced.
5. Window sashes are rotted.
6. Chimney needs to be repaired or replaced.
7. Lean to on north side of home is failing.
8. Roof needs to be replaced.
9. Gas meters are missing.
10. Exterior lights are incomplete or missing.
11. Interior inspection with building, plumbing, mechanical, and electrical
inspectors required.
12. 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.
DONALD LABRENZ II, BUILDING OFFICIAL DATE
C:\Documents and Settings\Potter\Loca1 Settings\Temporary Internet Files\OLKIA\1123 Chestnut.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1123 CHESTNUT
(INTERIOR INSPECTION)
611104
Inspection noted:
1. Circulation pump needs rewiring and supported.
2. All water pipe to be replaced.
3. Water heater and boiler need to be revented.
4. Boiler to be separated from kitchen area.
5. Chimney to be repaired or replaced.
6. Second floor space heater to be revented and re-gas piped.
7. Two inch bucket trap in crawl space needs to be replaced.
8. House to be rewired to meet 2003 Michigan Residential Code.
9. Electric service to be replaced to meet 2003 Michigan Residential Code.
10. Smoke alarms to be installed to meet 2003 Michigan Residential Code.
11. Install proper joist column floor support.
12. Rebuild apartment upper stairs to meet 2003 Michigan Residential Code.
13. Second floor apartment floor system needs to be replaced for proper
loading and span.
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
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DATE: May 16,2005
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-040063
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
104 Catherine (Garage)- AREA 11 is unsafe, substandard, a public nuisance
and that it be demolished within thirty (30) days. It is further requested that
administration be directed to obtain bids for the demolition of the structure and
that the Mayor and City Clerk be authorized and directed to execute a contract
for demolition with the lowest responsible bidder.
Case# & Project Address: # EN-040063- 104 Catherine (Garage Only)
Location and ownership: This structure is located on Catherine between
Ransom and Arthur and is owned by Randal Bowman.
Staff Correspondence: A dangerous building inspection was conducted on
06/15/04. An interior garage inspection was conducted 07/14/04. The Notice and
Order to Repair was issued on 06/15/04. On 01/06/05 the HBA declared the
structure substandard and dangerous.
Owner Contact: Randal & Sandra Bowman was present to represent this case.
Sandra Bowman stated they planned to tear down the garage themselves but
was waiting for dumpster to be delivered. They had wanted to repair it but
concluded it was not cost effective. No permits have been issued nor any
contact from the owners since that time. The HBA declared the structure
(garage) dangerous, substandard and a public nuisance 01/06/05.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $16,000
Estimated cost to repair: $5,000 (Garage 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, May 24, 2005.
C:\Documcnts and Settings\Potter\Local SettingsU'emporary Internet Files\OLKlA\AGENDA- 104 Catherine-G.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
104 Catherine- Garage
6115/04
Inspection noted:
1. Roof is rotted and has fallen into garage.
2. Exterior siding is exposed to weather.
3. Trash and debris in yard.
4. Interior inspection of garage is required.
5. 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.
Don LaBrenz, Building Official DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKIA\104 Catherine-G.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
104 Catherine- Garage Interior Inspection
7114104
Inspection noted:
1. Roof rafters are rotted (total roof system failure).
2. Wall studs are rotted.
3. Bottom plates are rotted.
4. 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.
Don LaBrenz, Building Official DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK lAI I 04 Catherine-G-
additions.doc
___...
DATE: May 16,2005
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-040052 Address:
22 E. Muskegon.
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 22
E. Muskegon 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-040052 - 22 E. Muskegon
Location and ownership: This structure is located on E. Muskegon between Pine
and Spring and is owned by William Scraver.
Staff Correspondence: A dangerous building inspection was conducted on
05/06/04 and the notice and order to repair was issued on 05/13/05. On 08/05/04
the HBA declared the structure substandard and dangerous.
Owner Contact: Owner pulled permit to repair 09/01/04. A progress
inspection occurred 01/04/05.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $5,600
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, May 24, 2005.
C:\Documents and Settings\Potter\Local Settings'U'emporary Internet Files\OLKlA\AGENDA- 22 E Muskegon.doc page 1 of 1
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
22 E. Muskegon
516104
Inspection noted:
1. House to be wired to meet 2003 Michigan Residential Code.
2. Service to be grounded and bonded to meet 2003 Michigan Residential
Code.
3. Plumbing system unsanitary and must be completely replaced.
4. Mechanical system does not function properly and must be completely
replaced.
5. Floor joists are rotted.
6. Floor joists cut or notched improperly.
7. Floors rotted.
8. Joist support at exterior walls overspanned.
9. Building appears to be rodent infested.
10. Grey water being pumped on ground.
11. Raw sewage coming out of ground.
12. Guard rail missing on steps.
13. Deck improperly constructed.
14. Roof needs to be replaced.
15. Tuck pointing required.
16. Exterior light is improperly installed.
17. 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.
DON LABRENZ II, BUILDING OFFICIAL
DATE
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLKlA\22 E Muskegon.doc
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