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CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 22, 2003
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
ROLL CALL:
CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. FIRST READING: Zoning Ordinance Amendment for Downtown
Parking Correction. PLANNING & ECONOMIC DEVELOPMENT
c. Comprehensive Economic Development Strategy Project List and
Resolution. PLANNING & ECONOMIC DEVELOPMENT
d. Great Lakes Marina Property Purchase. LEISURE SERVICES
e. Tall Ships 2003 Reguest. LEISURE SERVICES
f. Great Lakes Naval Museum Reguest. LEISURE SERVICES
g. 2003 Water Treatment Chemical Bids. WATER FILTRATION
h. Utility Boxes. PUBLIC WORKS
i. Consideration of Bids: Clifford, Lakeshore Drive to Miner.
ENGINEERING
j. Consideration of Bids: Washington St., Franklin to Lakeshore Drive.
ENGINEERING
k. Consideration of Bids: Mann/Moon, Harrison to Lakeshore Drive.
ENGINEERING
I. City - MDOT Agreement for: Creston St., Evanston to Apple.
ENGINEERING
m. Set Public Hearing for Amendment to Brownfield Plan-Verplank
Dock Co. PLANNING & ECONOMIC DEVELOPMENT
n. Appointment to Various Boards and Committees. CITY CLERK
o. Appointment to Various Boards and Committees. CITY CLERK
PUBLIC HEARINGS:
a. DWRF Project Plan. WATER FILTRATION
b. Public Hearing and Resolution Revoking IFT Certificate from Burgess
Norton Manufacturing. PLANNING & ECONOMIC DEVELOPMENT
c. Create a Special Assessment District for Nims St. & Irwin Ave., Getty
to Wood. ENGINEERING
NEW BUSINESS:
a. Approval of Resolution and Quitclaim for 322 Amity. COMMUNITY
& NEIGHBORHOOD SERVICES
b. Transmittal of 2002 Comprehensive Annual Financial Report.
FINANCE
c. Creation of HDC Study Committee. PLANNING & ECONOMIC
DEVELOPMENT
d. Approval to Submit Notice of Intent (NOi) for Partnership for
Traditional Neighborhood Redevelopment (ParTNeR} Program.
PLANNING & ECONOMIC DEVELOPMENT
e. Approval of Agreements with Muskegon Township Regarding the
Sale of the Water System. CITY MANAGER
f. Concurrence with the Housing Board of Appeals Notice and Order
to Demolish: INSPECTIONS
1. 1698 Seventh (Area 10)
2. 1686 Seventh (Area 10)
3. 570 Catawba (Garage) (Area 11)
4. 453 Catherine (Area 11)
8. 784 Washington (2004 Blight Flight)
5. 489 E. Isabella (House & Garage) (Area 11)
6. 518 Oak (Area 11}
7. 1136 Williams
9. 1887 Letart
CLOSED SESSION:
a. Pending Litigation
Date: April 22, 2003
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 Commission
Worksession that was held on Monday, April 7, 2003; and the Regular
Commission Meeting that was held on Tuesday, April 8, 2003.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
APRIL 22, 2003
CITY COMMISSION CHAMBERS@ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933
Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday, April 22, 2003.
Mayor Warmington opened the meeting with a prayer from Reverend Michael Bogert of
First Christian Reformed Church, after which members of the City Commission and
members of the public joined in reciting the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners Stephen
Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence Spataro; City
Manager Bryon Mazade, City Attorney John Schrier and City Clerk Gail Kundinger.
2003-35 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, April 7, 2003; and the Regular Commission Meeting that was held on
Tuesday, April 8, 2003.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
b. FIRST READING: Zoning Ordinance Amendment for Downtown
Parking Correction. PLANNING Et ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to make a correction related to the previous zoning
ordinance amendment for downtown parking.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 4/10 meeting. The vote was unanimous with B. Mazade and B. Smith
absent.
d. Great Lakes Marina Property Purchase. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the purchase of Lakeshore Trail property from
Great Lakes Marina.
FINANCIAL IMPACT: $57,000
BUDGET ACTION REQUIRED: None, money to come from the Golf Course Fund.
STAFF RECOMMENDATION: Approve
f. Great Lakes Naval Museum Request. LEISURE SERVICES
SUMMARY OF REQUEST: The Great Lakes Naval Memorial and Museum is requesting that
the City allow them to apply for a Coastal Management Grant for the construction of a
picnic shelter on the City's property along the channel and have appropriate paved
parking.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
g. 2003 Water Treatment Chemical Bids. WATER FILTRATION
SUMMARY OF REQUEST: Recommend endorsement of lowest responsible bidders to
supply aluminum sulfate, sodium hypochlorite, and fluoride for the Water Filtration
Plant.
FINANCIAL IMPACT: Annual cost of $70,975.00 (based on average annual water pumped
to mains).
BUDGET ACTION REQUIRED: None at this time. These chemicals are budgeted
annually.
STAFF RECOMMENDATION: Staff recommends the Mayor and City Commission endorse
the contract renewals and enter into contracts with General Chemical, Alexander
Chemical, and Lucier Chemical for aluminum sulfate, sodium hypochlorite, and fluoride
respective[ y.
h. Utility Boxes. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase 4 truck utility boxes.
FINANCIAL IMPACT: Total Cost $12,828.00
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve purchase of four utility boxes from Truck ft Trailer
Specialties.
i. Consideration of Bids: Clifford, Lakeshore Drive to Miner.
ENGINEERING
SUMMARY OF REQUEST: The construction of Clifford, Lakeshore Dr. to Miner using
concrete surface (Alternate Bid) contract be awarded to Dan Hoe Excavating of Holland.
Dan Hoe was the lowest, responsible bidder with a bid price of $125, 695.00.
FINANCIAL IMPACT: The construction cost of $125,695.00 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Dan Hoe with Alternate Bid.
j. Consideration of Bids: Washington St., Franklin to Lakeshore Drive.
ENGINEERING
SUMMARY OF REQUEST: The reconstruction of Washington St., Franklin to Lakeshore Dr.
contract be awarded to Prince Bridge & Marine of Grand Haven. Prince Bridge was the
lowest, responsible bidder with a bid price of $326,073.26.
FINANCIAL IMPACT: The construction cost of $326,073.25 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Prince Bridge & Marine.
k. Consideration of Bids: Mann/Moon, Harrison to Lakeshore Drive.
ENGINEERING
SUMMARY OF REQUEST: The reconstruction of Mann & Moon from Harrison to Lakeshore
Dr. contract be awarded to Prince Bridge & Marine of Grand Haven. Prince Bridge was
the lowest, responsible bidder with a bid price of $123,074.35.
FINANCIAL IMPACT: The construction cost of $123,074.35.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Prince Bridge & Marine.
I. City - MDOT Agreement for: Creston St., Evanston to Apple.
ENGINEERING
SUMMARY OF REQUEST: To approve the contract with MDOT for the Milling &
Resurfacing of Creston Street from Evanston to Apple and to approve the resolution
authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: MDOT's participation is about $232,400 but not to exceed 81.85% of
eligible cost. The estimated total (including engineering) cost of the project is
$335,000.
BUDGET ACTION REQUIRED: None at this time. The City's share of the cost will come
out of the Major Street Fund as was budgeted.
STAFF RECOMMENDATION: That the agreement and resolution be approved.
m. Set Public Hearing for Amendment to Brownfield Plan-Verplank Dock
Co. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the resolution setting a public hearing for an
amendment for the Brownfield Plan. The amendment is for the inclusion of property
owned by Verplank Dock Co., located at 205 E. Western Ave., in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in setting the public hearing,
although the expansion of the current Verplank Dock Co. to the new site will add to the
tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk
to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment Authority met on April
15, 2003 and approved the Brownfield Plan Amendment and recommends the approval
of the Brownfield Plan Amendment to the Muskegon City Commission. In addition, the
Brownfield Redevelopment Authority recommends that the Muskegon City Commission
set a public hearing on the Plan Amendment for May 27, 2003.
n. Appointment to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Lynn Spearing to the Equal Opportunity Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Community Relations Committee recommended
approval.
o. Appointment to Various Boards and Committees. CITY CLERK
SUMMARY OF REQUEST: To appoint Julie Waltz to the LRC replacing Tommie Watson
who has moved from the city. Also, to appoint Paul Veltkamp to the DDA replacing
William Stone.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To make the appointments.
COMMITTEE RECOMMENDATION: The Community Relations Committee recommended the
appointments.
Motion by Vice Mayor Buie, second by Commissioner Spataro to approve the Consent
Agenda minus items c and e.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
2003-36 ITEMS REMOVED FROM AGENDA:
c. Comprehensive Economic Development Strategy Project List and
Resolution. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the project list and resolution requesting
participation and project inclusion in the Regional Comprehensive Economic
Development Strategy (CEDS).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve resolution.
COMMITTEE RECOMMENDATION: The Planning Commission has approved the list of
projects.
Motion by Commissioner Spataro, second by Vice Mayor Buie to approve the project
list and resolution requesting participation and project inclusion in the Regional
Comprehensive Economic Development Strategy with Farmers Seafood Market
description to read Downtown Area.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
e. Tall Ships 2003 Request. LEISURE SERVICES
SUMMARY OF REQUEST: The Tall Ships 2003 committee is requesting that the City waive
the fees for City services for this event.
FINANCIAL IMPACT: Approximately $40,000
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
Motion by Commissioner Larson, second by Commissioner Shepherd to approve the
waive of City fees for services for the Tall Ships 2003 event.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
2003-37 PUBLIC HEARINGS:
a. DWRF Project Plan. WATER FILTRATION
SUMMARY OF REQUEST: To receive comments and views of interested persons on the
Draft Project Plan and the environmental impacts of the proposed water system
improvement alternatives.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To hold the Public Hearing.
The Public Hearing opened at 6:03pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Schweifler, second by Vice Mayor Buie to close the Public
Hearing at 6: 12pm.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Commissioner Gawron to adopt the
Resolution adopting a final project plan for water system improvements and
designating an authorized project representative.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
b. Public Hearing and Resolution Revoking IFT Certificate from Burgess
Norton Manufacturing. PLANNING &. ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To hold a public hearing and approve the resolution revoking
the IFT Certificate held by Burgess Norton Manufacturing.
FINANCIAL IMPACT: The revoking of the certificate will allow the City to seek
reimbursement by Burgess Norton for the amount of abated taxes, which totals
$46,041.87.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To hold the Public Hearing and approve the revoking of the
IFT Certificate.
The Public Hearing opened at 6:14pm to hear any comments for the public. No
comments were heard.
Motion by Commissioner Spataro, second by Vice Mayor Buie to close Public Hearing
at 6:22pm and take no action on the resolution at this time and allow staff to meet
with Burgess Norton to discuss certificate and possible revocation.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSES
c. Create a Special Assessment District for Nims St. & Irwin Ave., Getty
to Wood. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the proposed Special Assessment of
the Nims St. & Irwin Ave., Getty St. to Wood St. Project, and to create the Special
Assessment District and appoint two City Commissioners to the Board of Assessors, if it
is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the Special Assessment and assign two City
Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 6:24pm to hear any comments for the public. Comments
in opposition were heard from Russell Hill of Flex-Space, 1649 Getty.
Motion by Commissioner Spataro, second by Commissioner Larson to close the Public
Hearing at 6:29pm and to create the special assessment and assign two City
Commissioners to the Board of Assessors by adopting the Resolution. Commissioner
Spataro and Mayor Warmington were appointed to Board of Assessors.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
2003-38 NEW BUSINESS:
a. Approval of Resolution and QuitClaim for 322 Amity. COMMUNITY &
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to sign the Resolution and
QuitClaim for the sale of the City owned rehabilitated home at 322 Amity, Operation
"New Life", to Idella Levelston for the price of $60,000.
The house at 322 Amity was obtained by the City of Muskegon through the foreclosure
process and was rehbilitated with HOME Funds.
The rehabilitation of 322 Amity is another example of the City's commitment to the
revitalization of its neighborhoods.
FINANCIAL IMPACT: Funding will be added to the HOME account.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the sale.
COMMITTEE RECOMMENDATION: The Land Reutilization Committee approved the
rehabilitation of the project.
Motion by Commissioner Spataro, second by Commissioner Shepherd to approve the
sale of City owned rehabilitated home at 322 Amity Operation "New Life" to Idella
Levelston for $60,000 and to authorize the Mayor and City Clerk to sign Resolution
and QuitClaim.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
b. Transmittal of 2002 Comprehensive Annual Financial Report.
FINANCE
SUMMARY OF REQUEST: The City's 2002 Comprehensive Annual Financial Report (CAFR)
has previously been distributed to City Commissioners. At this time, the CAFR is being
formally transmitted to the Commission in accordance with State Law. The 2002 CAFR
has been prepared in accordance with GASB 34 accounting standards and is markedly
different than in previous years. For this reason, Commissioners may wish to have a
more in-depth review of the report at the monthly Work Session.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial activities for
2002 and includes the independent auditor's unqualified opinion on the City's financial
statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2002 CAFR.
Motion by Commissioner Spataro, second by Commissioner Schweifler to accept the
2002 Comprehensive Annual Financial Report.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
c. Creation of HDC Study Committee. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Members of the Historic District Commission and various other
organizations are concerned about the historic structures located within the mall. For
new historic district establishment, the State Statute requires that the City Commission
appoint a study committee to conduct all necessary research and reports. The
Committee shall contain a majority of persons who have knowledge or interest in
historic preservation, and shall contain representation from a local historic preservation
organization. The request is to appoint a study committee to determine whether
certain buildings located in the Mall should be designated in a historic district.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends to appoint Brian Lazor and Bob Grabinski
as staff to the Study Committee and to approve the resolution and authorize the Mayor
and Clerk to sign said resolution.
COMMITTEE RECOMMEDATION: The Historic District Commission Chairman recommends
the appointment of the following persons to the Study Committee: Daniel Chambers,
Lawrence Spataro, Mary O'Connor, Jon Colburn and a member of the Charter
Development Group. The Historic District Commission has voted to recommend that the
City Commission approve the creation of the Study Committee with the members
identified.
Motion by Commissioner Schweifler, second by Commissioner Spataro to create a
HDC study committee to determine whether certain buildings located in the Mall
should be designated in an Historic District and appoint staff Brian Lazor and Bob
Grabinski to the study committee and approve the resolution and authorize the
Mayor and Clerk to sign.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Schweifler
Nays: Larson, Shepherd
MOTION PASSES
d. Approval to Submit Notice of Intent (NOi) for Partnership for
Traditional Neighborhood Redevelopment (ParTNeR) Program.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon has been invited to submit a NOi for the
ParTNeR Program, through the State of Michigan. If the NOi is approved, the City will
be asked to submit a formal grant application. The actual grant funds will be requested
through the County of Muskegon, since they will be additional CDBG funds that only the
County is eligible to receive. If the grant is accepted, the County will receive the grant
funds (acting as fiduciary) from the State. The City of Muskegon will actually
administer the program. The funds will be used to hire a consultant to conduct a plan,
and to complete an infrastructure project on Third Street. In order to apply for the
NOi, the City Commission is requested to approve the resolution.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the costs
of a consultant to conduct a plan for the identified area and to purchase two buildings
on Third Street for demolition and/or renovation. In addition, funds will be used for
streetscape improvements. The amount being applied for is $400,000. The local match
must be 10 percent, or $40,000. The City would pledge $20,000 in CDBG funds, and the
Community Foundation for Muskegon County would pledge $20,000 from their MSHDA
funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor and Clerk
to sign.
Motion by Vice Mayor Buie, second by Commissioner Shepherd to approve the
Resolution authorizing the submittal of a Notice of Intent to participate in the State
Partnership for Traditional Neighborhood Redevelopment Program and authorize the
Mayor and City Clerk to sign.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
e. Approval of Agreements with Muskegon Township Regarding the Sale
of the Water System. CITY MANAGER
Request from Staff to move item to Closed Session for discussion.
f. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish: INSPECTIONS
SUMMARY OF REQUEST: This is to request City Commisison concurrence with the findings
of the Housing Board of Appeals that the structures located at 1) 1698 Seventh (Area
10), 2) 1686 Seventh (Area 10), 3) 570 Catawba (Garage) (Area 11), 4) 453
Catherine (Area 11 ), 5) 489 E. Isabella (House & Garage) (Area 11 ), 6) 518 Oak (Area
11 ), 7) 1136 Williams (Area 11 ), 8) 1119 Sophia (Area 11 ), 9) 784 Washington (2004
Blight Flight), and 10) 1887 Letart are substandard, public nuisances and that they be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition
of the structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
1. 1698 Seventh (Area 10)
CASE# 8: PROJECT ADDRESS: 02-049 - 1698 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between E. Dale
and Larch and is owned by Edward McKenzie.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A
notice for an interior inspection was issued 10/9/02, but the interior was not conducted
due to failure of the owner to appear. A Notice and Order to repair or remove was
issued 11 /25/02. The case was heard before the HBA 2/6/03 and the board declared
the structure substandard and a dangerous building on that date. The City boarded the
property twice after the owner was notified and failed to secure the building.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $17,100
ESTIMATED COST OF REPAIRS: $3,000 plus cost of interior repairs.
2. 1686 Seventh (Area 10)
CASE# 8: PROJECT ADDRESS: 02-83 - 1686 Seventh
LOCATION AND OWNERSHIP: This structure is located on Seventh Street between E. Dale
and Larch and is owned by Dan Heller.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 12/9/02.
Notice for an interior inspection was issued 11 /1 /02, but the interior was not conducted
due to failure of the owner to appear. A Notice and Order to repair or remove was
issued 12/18/02. The case was heard before the HBA 2/6/03 and the board declared
the structure substandard and a dangerous building on that date.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $37,700
ESTIMATED COST OF REPAIRS: $12,000 plus cost of interior repairs.
3. 570 Catawba (Garage) (Area 11)
CASE# & PROJECT ADDRESS: 02-058-570 Catawba - Garage only
LOCATION AND OWNERSHIP: This structure is located on Catawba between Maple and
Chestnut. It is owned by Aristotle Stewart who lives here.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/11 /02.
A Notice and Order to repair or remove was issued 9/26/02. Steve Sanders appeared at
the HBA meeting 12/5/02 and stated he holds the land contract on the property and
that he would repair the garage. There has been no contact from the owner since then.
OWNER CONTACT: Attended the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $1,700
ESTIMATED COST OF REPAIRS: $2,500
4. 453 Catherine (Area 11)
CASE# & PROJECT ADDRESS: 02-059 - 453 Catherine
LOCATION AND OWNERSHIP: This structure is located on Catherine between Wood and
Williams. It is owned by the State of Michigan.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/11 /02.
A notice for an interior inspection was issued 10/10/02, but the interior was not
conducted due to failure of the owner to appear. A Notice and Order to repair or
remove was issued 11 /25/02. The case was heard before the HBA 2/6/03 and the board
declared the structure substandard and a dangerous building on that date.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV $7,300
ESTIMATED COST OF REPAIRS: $3,000 plus cost of interior repairs.
8. 1119 Sophia
CASE# & PROJECT ADDRESS: 02-047 - 1119 Sophia
LOCATION AND OWNERSHIP: This structure is located on Sophia between Wood and
Apple Ave. and is owned by Eugene Robar.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A
notice for an interior inspection was issued 9/30/02. A Notice and Order to repair or
remove was issued 1/25/02. The case was heard before the HBA 2/6/03 and the board
declared the structure substandard and a dangerous building on that date.
OWNER CNTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $15,900
ESTIMATED COST OF REPAIRS: $30,000
9. 784 Washington (2004 Blight Flight)
CASE # & PROJECT ADDRESS: 03-01 - 784 Washington
LOCATION AND OWNERSHIP: This structure is located on Washington between Beidler
and Henry Street and was owned by Jeffrey Bandel who has filed bankruptcy.
STAFF CORRESPONDENCE: This structure was written as a dangerous building after the
housing inspector had the fire marshal do an inspection because of dangerous
conditions. A Notice and Order to repair or remove was issued 3/31 /03/ The case was
heard before the HBA 2/ 6/03 and the board declared the structure substandard and a
dangerous building on that date. The structure has had to be boarded by the City
twice.
OWNER CONTACT: There has been no contact.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $27,200
ESTIMATED COST OF REPAIRS: $30,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals
for the demolition of said structures and direct administration to obtain bids for
demolitions.
Motion by Commissioner Larson second by Commissioner Shepherd to concur with
Housing Board of Appeals to demolish the structures at 1698 Seventh, 1686
Seventh, 570 Catawba (Garage), 453 Catherine, 1119 Sophia and 784 Washington
and to direct administration to obtain bids for demolitions.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
5. 489 E. Isabella (House 8: Garage) (Area 11)
CASE# & PROJECT ADDRESS: 02-044 - 489 E. Isabella
LOCATION AND OWNERSHIP: This structure is located on Catherine between Williams
and Chestnut. It is owned by U.S. Bancorp in Ohio.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/06/02.
A notice for an interior inspection was issued 9/30/02, but the interior was not
conducted due to failure of the owner to appear. The case was heard before the HBA
2/6/03 and the board declared the structure substandard and a dangerous building on
that date. A contact from the bank rescheduled the interior inspection, which was
conducted 4/4/03. A notice for City Commission hearing was issued 4/9/03 along with
a letter explaining what needs to be done to save the house.
OWNER CONTACT: The bank has been in contact since March 2003.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None.
SEY: $14,700
ESTIMATED COST OF REPAIRS: $30,000
STAFF RECOMMENDATION: City Commission concur with the Housing Board of Appeals
for the demolition of said structure and direct administration to obtain bids for
demolition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with
the Housing Board of Appeals to demolish 489 Isabella (House and Garage) and to
authorize staff to obtain bids for demolitions.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
Buie
Nays: None
MOTION PASSES
6. 518Oak(Area11)
CASE# & PROJECT ADDRESS: 02-072 - 518 Oak.
LOCATION AND OWNERSHIP: This structure is located on Oak between Scott and
Williams. It is owned by Marylou and Robert Anderson.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/12/02.
A notice for an interior inspection was issued 9/30/02, but the interior was not
conducted until 2/26/03 after the owner appeared at the 2/03 HBA meeting. A Notice
and Order to repair or remove was issued 11 /26/02, but there had been no contact until
the HBA meeting. The case was table for 30 days to allow the owner time to have the
interior inspection, submit an agreeable timetable for repairs and pull permits. The
owner contacted the Inspection office after the interior inspection because he did not
agree with the violations noted, but he did not pull permits. The house has since been
listed for sale with a realtor with an offer pending.
OWNER CONTACT: The owner has been in contact.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEY: $13,800
ESTIMATED COST OF REPAIRS: $40,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals
for the demolition of said structure and direct administration to obtain bids for
demolition.
Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with
the Housing Board of Appeals to demolish 518 Oak and to authorize staff to obtain
bids for demolition.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
7. 1136 Williams
CASE# & PROJECT ADDRESS: 02-079 - 1136 Williams
LOCATION AND OWNERSHIP: This structure is located on Williams between Isabella and
Catherine. It is owned by Phyllis Moore and Kenta Moore (Glovestate Realty).
STAFF CORRESPONDENCE: This structure was written as a dangerous building 9/6/02. A
notice for an interior inspection was issued 9/23/02 and notice and order to repair or
demolish was issued 12/18/02. The structure was declared dangerous at the HBA
meeting 2/6/03. The owner had contacted CNS for financial help, but was denied.
OWNER CONTACT: The owner has been in the office when she applied for rental rehab
and indicated she wanted to repair. She did not attend the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
SEV: $15,100
ESTIMATED COST OF REPAIRS: $15,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals
for the demolition of said structure and direct administration to obtain bids for
demolition.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals to demolish 1136 Williams and to authorize staff to
obtain bids for demolition.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
10. 1887Letart
CASE# & PROJECT ADDRESS: 02-92 - 1887 Letart
LOCATION AND OWNERSHIP: This structure is located on Letart between Torrent and
Crozier and is owned by Patrick Closz.
STAFF CORRESPONDENCE: This structure was written as a dangerous building 12/9/02
when the owner had an interior inspection conducted. He contacted the Inspection
office because of what he called "black mold". The building inspector also did an
inspection on 1/10/03. Mr. Closz purchased this house from HUD and has let it go back
to the bank because it is in a flood plain and has severe water damage. A notice and
order to repair or demolish was issued 2/3/03 and the case was heard and declared by
the HBA on 3/6/03.
OWNER CONTACT: The owner, neighbor and realtor attended the HBA meeting.
FINANCIAL IMPACT: The cost of demolition will be paid with general funds.
BUDGET ACTION REQUIRED: None
SEV: $32,900
ESTIMATED COST OF REPAIRS: $25,000
STAFF RECOMMENDATION: City Commission concurs with the Housing Board of Appeals
for the demolition of said structures and direct administration to obtain bids for
demolitions.
Motion by Commissioner Spataro, second by Commissioner Gawron to concur with
the Housing Board of Appeals to demolish 1887 Letart and to authorize staff to
obtain bids for demolition.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
2003-39 CLOSED SESSION:
Motion by Commissioner Schweifler, second by Commissioner Gawron to go into
Closed Session at 8:37pm.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
Motion by Commissioner Spataro, second by Vice Mayor Buie to go out of Closed
Session at 9:08.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
a. Pending Litigation
e. Approval of Agreements with Muskegon Township Regarding the Sale
of the Water System. CITY MANAGER (Item moved from New Business)
SUMMARY OF REQUEST: To approve the following documents for the sale of the water
system in Muskegon Township to Muskegon Charter Township and settle the outstanding
litigation with Muskegon Township.
1. Inter-Governmental Agreement between the City of Muskegon and Muskegon Charter
Township.
2. Water Purchase Contract.
3. Operation and Maintenance Agreement.
FINANCIAL IMPACT: Sale of the water system will generate $1 million for the City's
water system.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the agreements.
Motion by Commissioner Schweifler, second by Commissioner Shepherd to concur
with the City Attorney's recommendation on Pending Litigation and to authorize the
Mayor and City Clerk to exercise documents with Muskegon Township regarding the
sale of the Water System.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
The Regular Commission Meeting for the City of Muskegon was adjourned at 9: 10PM.
Respectfully submitted,
~Leb~
Gail Kundinger, MMC
~oo3- .:3S- 6)
Commission Meeting Date: April 22, 2003
Date: April~1,2003
To: Honorable Mayor and City Commiss·oners
From: Planning & Economic Development ~
RE: Zoning Ordinance Amendment for Downtown Parking
Correction
SUMMARY OF REQUEST:
Request to make a correction related to the previous zoning ordinance amendment for
downtown parking.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends amendment of the Zoning Ordinance as described above.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 4/10 meeting ..
The vote was unanimous with B. Mazade and B. Smith absent.
4/11/2003
CITY OF MUSKEGON •
MUSKEGON COUNTY, MICHIGAN
ORDINANCE N0.1.1.Ql_
An ordinance to amend the Zoning Ordinance of the City to amend Section 2326 (Off-Street
Parking) of Article XXIII (General Provisions).
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article 2326 of the Zoning Ordinance of the City of Muskegon is hereby amended to delete
paragraph 4. Location of Parking Areas and renumber the remaining paragraphs accordingly.
This ordinance adopted:
Ayes:
- - - - - - - -- - -- - - - - - - - - - - - - -
Nayes:_.,.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adoption Date:
-""--------- - - - - - - - - - -
Effective Date: May 17, 2003
First Reading: _ _A..._pr_i_1_2_2.,_,_2_0_0_3_ __ _ _ _ _ _ _ __
Second Reading:
-----------------
CITY OF MUSKEGON
CERTIFICATION
This ordinance was adopted at a regular meeting of the City Commission, held on April
22, 2003. The meeting was properly held and noticed pursuant to the Open Meetings Act
of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~a.L ~
GailA.Kundinger, MMc,Citlerk
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 22, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending Article XXIII (General Provisions), section 2326 (parking) of the Zoning
Ordinance.
The amendment deletes conflicting language related to an earlier amendment of this section, which
added regulations for a downtown parking overlay district.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Te1rnce Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published _ _LM"'a:,_y_7L,c__.:2.,..0e,0..,3_ _,, 2003 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC
Its Clerk
--------------·--------------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
4
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
April 10, 2003
Hearing; Case 2003-11: Staff initiated request to amend the parking standards of the
Zoning Ordinance in order to make corrections related to the previous downtown parking
standards amendment.
BACKGROUND
In Februaiy, when the Downtown Parking Overlay was added to the Zoning Ordinance, the
language was intended to replace the existing #4 of Section 2326 (Off-Street Parking and
Loading). The amendment was written to add #13 and #14 but neglected to remove the existing
#4. The current language is therefore conflicting, and staff is asking to remove #4 to 'clean-up'
the language.
The proposed language to be deleted is in gy,·ik@.!1,n1. The new language just added is in italics.
SECTION 2326: OFF-STREET PARKING AND LOADING [amended 2/02]
1. Intent: It is the intent of this section that off-street parking spaces shall be provided and
adequately maintained by each property owner in every district for the parking of motor
vehicles for the use of occupants, employees and patrons of each building and premise
constructed, altered, or enlai·ged under the provisions of this Ordinance.
2. Scope: At the time any building or structure is erected, enlarged or increased in capacity, or a
new land use is established, off-street parking spaces for new or additional development shall
be provided according to the requirements of this section and Table IB.
3. Pai·king and Loading Plan Review: Whenever three (3) or more vehicle parking spaces are
required for a given use of land, plans, specifications for the construction or alteration of an
off-street parking area shall be submitted for approval by the Zoning Administrator before a
development permit is issued. Such plans and specifications shall indicate the location,
precise use of buildings, size, design, surfacing, marking, lighting, drainage, curbing and curb
cuts, entrances, exits, landscaping, and other detailed features as required by the provisions
and standards of this zoning ordinance and other applicable laws ai1d rules.
4, bocatioR. of Pal.4:eiR:g Ai:e:.M?Si 11-1 all Qisg:icts, ex;cept J~hu:inegs Districts (B 1 thro11gh B )), off
stt:eet parkigg and loadi;i,g ;uecu: shall l>e located ol-l the Se\Rl@ lot or oa an e14iace1+1: lot ia th:e
same got-nag district as the bl:lildia.g 3 strl:lcture, or the parkiR:g area th.ey are il+1:e;a,ded to serire
hi tl.le case ofB1u:iA.ess Districts, pa;.king ma~/ be pro,rideQ ,,,ithiR. tl,:i:ree l:p1g,r.;lred (JOO) feet so
loR.g as t.l1e p~iR.g is not locateQ iR. a i:eEideI+1:ial goae
City of Muskegon Planning Commission - 4/10/03
5. Parking Areas Existing Before the Effective Date of This Ordinance: No parking area or
parking space or loading area which exists at the time this Ordinance becomes effective shall
be relinquished or reduced in any manner below the requirements established by this
Ordinance.
6. Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively for the
parking of vehicles associated with a building, structure or land use in a manner consistent
with the purpose for which it is designed. No commercial activity or selling of any kind shall
be conducted within required parking areas. Permitted temporary uses may operate in
overflow parking areas or setback areas provided no clear vision or other safety hazard is
present. Vehicles shall not be repaired, stored, or displayed for sale or hire in parking lots
unless the principal use is classified for such uses.
7. Design and Access Standards: Multi-family, commercial and industrial land use areas shall
meet the screening, landscaping, and lighting standards of this ordinance.
8. Maintenance Standards: Parking and loading areas in all districts shall be paved, marked and
defined by curbing or curb stops.
9. Maximum Parking: The maximum amount of parking permitted for any use or group of uses
shall not exceed the minimum parking requirements by more than one-third (33%)
10. Loading Space Required: In order to prevent undue interference with public use of streets,
parking lots and alleys, uses such as manufacturing, storage, warehouse, department store,
wholesale store, retail store, hotel, hospital, laund1y, dairy, mortuary, and other uses similarly
and customarily receiving or distributing goods by motor vehicle shall provide space on the
premises for that number of vehicles that will be at the premises at the same time on an
average day of full use. Loading spaces shall:
a. Be provided as area additional to off-street parking space and shall not be considered
as supplying off-street parking space.
b. Not interfere with fire access.
c. Provide adequate space for standing, loading, and unloading services and be not less
than twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet
in height, open or enclosed, for similar uses similarly involving the receipt or
distribution by vehicles of materials or merchandise.
d. Have access provided as directly as possible from a public street or alley and be
arranged so as to provide sufficient off-street maneuvering space.
11. Joint Use of Parking Areas: The joint use of parking facilities by two or more uses may be
allowed whenever such use is practical and satisfactory to each of the uses intended to be
served, and when all requirements for location, design, and construction are met.
City of Muskegon Planning Commission-4/10/03 2
a. Computing Capacities: In computing capacities of any joint use, the total space
requirement is the sum of the individual requirements that will occur at the same
time each day. If space requirements for individual uses occur at distinctly
different times, the total of such off-street parking facilities required for joint or
collective use may be reduced by the Planning Commission below the same total
of the individual space requirements.
b. Record of Agreement: A copy of an agreement between joint users shall be
provided to the City. The agreement shall include provisions which assure
continued long-term use and maintenance of the parking facility by each party,
and their successors in interest, including owners and occupants of the premises
which are served by the parking facility.
12. Dimensional Requirements: Each parking space shall be a minimum of eight (8) feet wide
by eighteen (18) feet long. Maneuvering isles shall be a minimum of twelve (12) feet wide
for one-way traffic and twenty-two (22) feet for two-way traffic. Excessively wide isles shall
not be permitted.
13. Downtown Parkinf!. Overlay District: A downtown parking overlay district is hereby created
as outlined in Figure 23-2. Within said overlay area is permitted the follm11ing: [amended
2/03]
a. In the downtown parking overlay district only, all land uses, except
residential, may use on-street parking for up to thirty percent (3 0%) of
their required parking area.
b. In the downtown parking overlay district, shared parking agreements are
encouraged Parking areas for other than single or two-family residential
uses may be located up to 1,000 feet from the building they are intended to
serve and may be provided in any zoning district except the R-1 district.
I 4. In all areas except for the downtown parking overlay district, ojj:street parking for
nonresidential uses shall be either on the same property or on a property zoned to permit
parking areas. The parking area shall be within three hundred (3 00) feet of the building it is
intended to serve, measured from the nearest point of the building to the nearest point of the
off-street parking lot. [amended 2/03]
City of Muskegon Planning Conunission - 4/10/03 3
Date: April 9, 2003
To: Honorable May~r and City Commissioners
From: Ric Scott 1
,V
'(,/;Jzrt/
RE: Great lakes Marina Property Purchase
SUMMARY OF REQUEST:
To authorize the purchase of Lakeshore Trail property
from Great Lakes Marina
FINANCIAL IMPACT:
$57,000
BUDGET ACTION REQUIRED:
None, money to come from the Golf Course Fund
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affir mative Action
23 l /724-6703
FAX/721 1214
Assessor
231/724-670h
FAX/726'.5181
Cemetery
231/724-6783
FAX/726-5617
C iv il Service
231/724-67 16
FAX/724-4405 West Michigan's Shol'ellne City
C ler k
23 l /724-6705
FAX/724-4178
Date: April 9 , 2003
:::o::~: ~ dCity CoDDDissioners
Comm. & Neigh.
Services
231/724-6717 To:
FAX/726-250 I
From:
E n gineering
231/724-6707 Re: Great Lakes Marina Property Purchase
FAX/727-6904
F inance
Attached is a purchase agreement with Great Lakes Marina
231/724-6713 for the purchase of property from Great Lakes Marina for
FAX/724-6768
the Lakeshore Trail , phase I. The price is $57 ,000,
Fire Dept. which is the appraised value of the land.
231/724-6792
FAX/724-6985
I would ask that the Mayor and Clerk be authorized to
Income Tnx sign the purchase agreement and that staff be authorized
23 I /724-6770
FAX/724-6768
to finalize the purchase of the property.
I nfo. System s Thank you for your consideration.
231/724-6744
FAX/722-4301
L eisur e Service
23 l/724-6704
FAX/724-1196
Man ager's O fOce
231/724-6724
FAX/722- 12 14
Mayor's Office
23 1/724-670 I
FAX/722- 1214
I n spectlon Services
231/724-6 715
FAX/726-2501
Plnn nlng/Zo nlng
231/724-6702
FAX/724-6790
Police Dept.
23 l /724-6750
FAX/722-514 0
P u b Uc Works
231/724-4100
FAX/722-4188
Trcnsurer
231/724-6720
FAX/724-6768
Wntcr Dilling Dept.
231/724-6718
FAX/724-6768
W a t er Flltrnllon
23 l /724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
2003-35 (d)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made April 22 , 2003, by and between
GREAT LAKES MARINA & STORAGE, L.L.C., a Michigan limited liability company, of
1920 Lakeshore Drive, Muskegon, Michigan 49441 ("Seller"), and the CITY OF MUSKEGON,
of 933 Terrace Street, Muskegon, Michigan 49440 ("Buyer").
I. General Agreement and Description of Premises. Seller agrees to sell, and
Buyer agrees to buy, marketable record title of real estate, and all improvements thereon
("Premises") specifically described as:
That part of Block 596 of the Revised Plat of 1903, City of Muskegon, described
as commencing at the Southeasi corner ofElock595 as the point of beginning;
thence Southwesterly along a curve to the right 49.77 feet (2850.00 foot radius,
chord bearing South 63°36'10" West 49.77 feet); thence South 64°06'10" West
895.53 feet; thence along a curve to the right 731.50 feet (25,756.58 foot radius,
chord bearing South 64°55'00" West 731.48 feet); thence along a curve to the
right 5.11 feet (3054.53 foot radius, chord bearing South 65°15'45" West 5.11
feet); thence North 24°00'10" West 24.00 feet; thence along a curve to the left
5.00 feet (3030.53 foot radius, chord bearing North 65°15'43" East 5.00 feet);
thence along a curve to the left 307.41 feet (25,732.58 foot radius, chord bearing
North 65°23'17" East 307.41 feet); thence North 25°28'05" West 4.00 feet; thence
along a curve to the left 423.38 feet (25,729.58 foot radius, chord bearing North
64°34'28" East 423.38 feet); thence North 64°06'10" East 895.53 feet; thence
along a curve to the left 63.49 feet (2822.00 foot radius, chord bearing North
63°36'10" East 63.49 feet); thence South 00°06'10" West 31.29 feet to the point of
beginning.
subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements ofrecord are acceptable to Buyer and subject to any governmental
inspections required by law.
2. Purchase Price and Manner of Pavment. The purchase price for the Premises
shall be Fifty-seven Thousand Dollars ($57,000), payable in cash or by City check to Seller at
closing.
3. Taxes and Assessments. All taxes and assessments which are due and payable
at the time of closing shall be paid by Seller prior to or at closing. All taxes and special
assessments which become due and payable after closing shall be the responsibility of Buyer;
provided, because the Premises is part of a larger property, the parties agree that Seller shall pay
in full all taxes due in 2002, including those billed on December 1, 2002, and Buyer shall
reimburse Seller for a prorated portion of the said December 2002 tax bill, which shall be pro-
rated prospectively in accordance with MCL 211.2 (3).
- 1-
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (I 0) days prior
to closing, a commitment for title insurance issued by 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 are, 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 (I 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 owners' title policy shall
be paid by Buyer.
5. Personal Propertv and Fixtures. All personal property and fixtures which
Seller wishes to remove shall be removed on or before closing. Any personal property which is
left on the Premises shall be the property of Buyer who may dispose of same.
6. Survey. Buyer has obtained a survey and is satisfied with same, provided no
change has been made to the property since the date of the survey.
7. Environmental Matters. Seller represents and warrants to Buyer as follows:
a. To the best of Seller's knowledge, the Premises have been used and
operated by Seller's in compliance with all applicable federal, state and local laws and
regulations related to air quality, water quality, waste disposal or management, hazardous
or toxic substances, and the protection of health and the environment.
b. Seller has not disposed of any hazardous or toxic substances on or in the
Premises, but the premises may have been characterized as part of a "facility" under
Michigan law. The Premises may constitute a facility because of historic fill materials in
or in the vicinity of the Premises. Seller is unaware of any plume of contaminated
groundwater in or affecting the Premises.
c. To the best of Seller's knowledge, the Premises do not include any
"underground storage tank," as that term is defined by state or federal law.
Such representations and warranties shall be deemed to have been made again by Seller
as of the closing. Seller agrees to indemnify Buyer and hold it harmless from and against any
and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, but
not limited to, reasonable attorneys' fees, resulting from any misrepresentation or breach of the
warranties set forth in this paragraph. The representations, warranties and covenants set forth in
this paragraph shall survive the closing.
-2-
· 8. Condition of Premises and Examination by Bnyer. SUBJECT TO THE
ABOVE REPRESENTATIONS, NO IMPLIED WARRANTIES OF HABITABILITY,
QUALITY, CONDITION, FITNESS FOR APARTICULAR PURPOSE, OR ANY OTHER
IMPLIED WARRANTIES SHALL OPERATE BETWEEN SELLER AND BUYER. 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 IT
HAS PERSONALLY INSPECTED THE PREMISES AND IS SATISFIED WITH THE
CONDITION OF THE LAND, TAKING INTO ACCOUNT THE REPRESENTATIONS OF
SELLER.
9. Fences. At the time it installs the trail, Buyer shall construct and maintain a
fence along the trail on the property conveyed pursuant to this Agreement, the said fence to be
constructed between the trail and the marina.
I 0. 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.
I I. Closing. The closing date of this sale shall be on or before June 1, 2.003
___ ("closing"). The closing shall be conducted at Transnation Title Company, Muskegon,
Michigan. If necessary, the parties shall execute an JRS closing report at the closing.
12. Delivery of Deed. Seller shall execute and deliver a warranty deed to Buyer at
closing for the Premises.
13. Affidavit of Title. At closing, Seller shall deliver to Buyer an executed Affidavit
of Title.
14. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of closing.
15. Costs. Seller shall be responsible to pay the Michigan transfer tax in the amount
required by law. Seller shall be responsible to pay for the recording of any instrument which
must be recorded to clear and convey marketable title to the extent required by this Agreement or
by the title insurance company. Buyer shall pay for the cost of recording the warranty deed to be
delivered at closing and the title company fees for closing.
16. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
-3-
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 and continue until all liabilities of Buyer have
been fully satisfied.
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 Agreem
above written. ·
WITNESSES:
-4-
:z:re..n"-- ~
a{{]jdh /I:(?
Drafted by: Business Address:
PARMENTER O'TOOLE 175 W. Apple Avenue, P.O. Box 786
BY: John C. Schrier Muskegon, Michigan 49443-0786
Telephone: 231/722-162 l
-5-
Date: April 15, 2003
To: Honorable May~r and City Commissioners
From: Ric Scott if}:¢
RE: Great Lakes Naval Museum Request
SUMMARY OF REQUEST:
The Great Lakes Naval Memorial and Museum is requesting
that the City allow them to apply for a Coastal
Management grant for the construction of a picnic
shelter on the city's property along the channel and
have appropriate paved parking.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231/724-6703 .
FAXf722-1214
Assessor
231/724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231/724-6716
F AX/724-4405 West Michigan's ShoreUne City
C lerk
23 I /724-6705
FAX/724-4178
Comm. & Neigh.
Date: April 15, 2003
Services
231/724-6717 To: Honorable ~ w ; ~ i t y Commissioners
FAX/726-2501
From: Ric Scott ~
Engineering
231/724-6707 Re: Great Lakes Naval Museum Request
FAX/727-6904
Finance
Attached is a letter from George Micka of the Great
23l/724-6713 Lakes Naval Memorial and Museum requesting the City's
FAX/724-6768
authorization to submit a grant application to the
Fire Dept. Coastal Management program to construct a picnic shelter
231/724-6792
FAX/724-6985 on city property where the Museum is located. They
Income Tax
would also provide paved parking and handicapped
23 I /724-6770 accessibility as a part of the project.
FAX/724-6768
While this is city owned property , it is not considered
Info. Systems
231 /724-6744 park property.
FAX/722-4301
Staff would recommend approval of the request.
Leisure Service
231/724-6704 Thank you for your consideration.
FAX/724-1196
Manager's Office
231/724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
231/724-6715
FAX/726-2501
Plannlng/Zoulng
231/724-6702
F AX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Publlc Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water DIiiing Dept.
231/724-6718
F AX/724-6768
Water FIitration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Great Lakes Naval Memorial and Museum
1346 Bluff
Muskegon MI 49441
231-755-1230 Phone 231-755-5883 Fax
Proposed Picnic/Event Shelter at U.S.S. Silversides
April 14, 2003
The Great Lakes Naval Memorial and Museum proposes to construct a rectangular picnic
and event shelter at the museum's Muskegon channel location. The City of Muskegon
owns the property at the site.
The purpose of the shelter would be to accommodate the museum's 30,000 annual
visitors by providing a facility for meetings and group events, and provide shelter during
inclement weather during the Memorial Day Spectacular event. The facility would be
open to the public, and open to groups by reservation. There would be no charge for the
general public and school groups to use the facility. Fees would be charged for reunions,
receptions, and other large events to cover the cost of cleaning and maintaining the
facility and grounds. The proposed shelter would be forty feet in width and eighty feet in
length, consist of a steel roof, steel pillars, and laminated wood columns, and would be
able to accommodate over 200 visitors. Event visitor numbers will vary based upon the
space needed for staging, beverage, food service, etc.
The project will also include construction of a new parking area for 20 cars, paving an
existing gravel parking area for 15 cars (35 paved parking spaces total), installation of
concrete sidewalks, and purchase of 50 picnic tables. At this time temporary event
lighting will be used for events, with a permanent electrical lighting system installation
under future consideration.
Cost of the project is estimated at $90,000, with $35,000 for materials, $25,000 for
labor/installation, $25,000 for asphalt paving and concrete sidewalks, and $5,000 for
picnic tables. Sufficient asphalt handicap parking spaces would be designated in
accordance with applicable regulations. Parking will also be available at city parking lots
along the Muskegon Channel and Margaret Drake Elliot Park, with overflow event
parking on the grass adjacent to the shelter. Public restroom facilities are available at
Margaret Drake Elliot Park, and portable restroom facilities will be provided. A
handicap-accessible restroom is available inside the museum gift shop.
The picnic and event shelter and related parking facilities will be fully utilized. The
public will have access to the facilities during the day, and museum overnight groups will
utilize them during evening, night and morning hours. Funding for the project will be
provided by a Michigan Department of Environmental Quality Coastal Zone
Management Grant (if awarded) and by the Great Lakes Naval Memorial Museum.
The Michigan Department of Environmental Quality, Coastal Zone Management
Program will only fund construction projects on municipal property, with a municipal
applicant. The application requires a resolution from the City of Muskegon for funding
consideration.
Thank you for your consideration. Please contact George P. Micka IV for more
information, at 231-755-8755.
Sincerely,J/6ft1X ( ~r;:_
George P. Micka IV
Program Facilitator, GLNMM
The Great Lakes Naval Memorial and Museum
1346 Bluff
Muskegon MI 49441
231-755-1230 Phone 231-755-5883 Fax
Mr. Ric Scott
Director
Department of Leisure Services
Muskegon, Michigan 49443
April 14, 2003
Dear Mr. Ric Scott:
The Great Lakes Naval Memorial and Museum supports the City of Muskegon's grant
application for $45,000, from the Michigan Department of Environmental Quality,
Coastal Zone Management Program.
The funding (if awarded) will be used to construct a 40' x 80' picnic shelter at the Great
Lakes Naval Memorial and Museum site at the Muskegon Channel. The funding will
also provide for installation of concrete flooring and connecting sidewalks, construct a
new parking lot for 20 earn, pave an existing gravel parking area for 15 cars, and provide
50 picnic tables. The new facility will be able to accommodate groups of200 or more,
and provide shelter during special events. The museum currently receives over 30,000
annual visitors.
The Great Lakes Naval Memorial and Museum offers youth overnight educational
programs year-round. The picnic shelter will provide a facility where youth groups can
meet during their stay at the museum. The parking and walkway improvements will meet
regulatory requirements, provide handicap accessibility, and improve public access to the
museum.
The Great Lakes Naval Memorial and Museum agrees to provide the required matching
funds for the project, obtain the necessary permits and approvals, meet applicable
regulatory requirements, and maintain the facilities.
Please contact me if I can be of any assistance.
Sincerely,
Robert G. Morin, Sr.
Chairman & Director, Great Lakes Naval Memorial and Museum
Date: April 22,2003
To: Honorable Mayor and City Commissioners
From: Water Filtration Plant
RE: 2003 Water Treatment Chemical Bids
SUMMARY OF REQUEST:
Recommend endorsement of lowest responsible bidders to supply
aluminum sulfate, sodium hypochlorite, and fluoride for the Water
Filtration Plant
FINANCIAL IMPACT:
Annual cost of $70,975.00 (based on average annual water pumped to
mains).
BUDGET ACTION REQUIRED:
None at this time. These chemicals are budgeted annually.
STAFF RECOMMENDATION:
Staff recommends the Mayor and City Commission endorse the contract
renewals and enter into contracts with General Chemical, Alexander
Chemical, and Lucier Chemical for aluminum sulfate, sodium
hypochlorite, and fluoride respectively.
COMMITTEE RECOMMENDATION
MEMORANDUM
4/14/03
TO: R. KUHN, DPW
FROM: R.VENEKLASEN,WFP
RE: CHEMICAL BIDS - WATER FILTRATION PLANT
BACKGROUND
In 1996 the Water Filtration Plant began the process of competitively bidding water
treatment chemicals jointly with the Cities of Grand Haven, Grand Rapids, Wyoming and
Holland. The original bids (1996) allowed for mutually agreed upon annual contract
renewal. Subsequent bids have also allowed for contract renewal in two or three year
intervals.
HISTORICAL CHEMICAL COSTS
This process worked in the City's favor as the costs for treatment chemicals over the
past four years have remained low. This is best indicated in the following table:
YEAR ALUMINUM SULFATE CHLORINE FLUORIDE
1992 $143.00 $235.00 $150.88
1993 138.92 375.00 153.00
1994 136.89 375.00 165.00
1995 136.80 360.00 153.50
1996 136.29 (6 mos.) 395.00 138.80
1997 125.00 332.00 129.00
1998 125.00 332.00 (7 months) 129.00
1999 125.00 107.67 141.50
2000 136.50 107.67 141.50
2001 136.50 107.20 145.00
2002 136.50 107.20 142.30
NOTE: Began use of Sodium Hypochlorite as disinfectant in 1998.
In January of 1998 joint bids were released for Sodium Hypochlorite with the Cities of
Wyoming and Holland. Again the process was successful and a favorable cost was
obtained for the Hypochlorite.
The historical annual average chemical usage in tons, based on average pumpage is:
CHEMICAL TONS
Aluminum Sulfate 210
Sodium Hypochlorite 300
Fluoride 70
CHEMICAL BIDDING FOR 2002
2000 was the first year, of three years possible, for bids for Sodium Hypochlorite.
Aluminum Sulfate and Fluoride were bid this year due to contract expiration.
The Sodium Hypochlorite supplier, Alexander Chemical, Inc. will hold the current price of
$107.20 per ton as allowed in the contract extension. Aluminum Sulfate and Fluoride
were jointly bid for 2002, with the following results:
HYDROFLUOROSILICIC ACID (FLUORIDE)
SUPPLIER YEAR G. RAPIDS WM COOP
Lucier (LCI) 2002 $142.30 $142.30
2003 142.30 142.30
2004 146.30 146.30
Pescod 2002 $148.00 $148.00
2003 149.50 149.50
2004 151.00 151.00
Solvay 2002 $160.00 $160.00
2003 160.00 160.00
2004 160.00 160.00
ALUMINUM SULFATE
SUPPLIER YEAR G. RAPIDS WM COOP
General Chemical 2002 $136.50 $136.50
2003 136.50 136.50
2004 3% max. cap. 3% max. cap
US Aluminate Co. Inc. 2002 $145.50 $145.50
2003 145.50 145.50
2004 145.50 145.50
The results display that Lucier Chemical is the low fluoride bidder for the cooperative
joint purchasing group at a cost of $142.30 per Ton for year one of the three-year period.
The results also display that General Chemical is the low aluminum sulfate bidder at a
cost of $136.50 per Ton for year one of the three-year period.
SUMMARY
All three chemical suppliers have elected to extend the current pricing for 2003. The
joint cooperative chemical bid extensions for 2003 are as follows:
CHEMICAL SUPPLIER COST
Aluminum Sulfate General Chemical $136.50
Sodium Hypochlorite Alexander Chemical $107.20
Fluoride Lucier Chemical $142.30
*The prices are "per ton" FOB each location.
RECOMMENDATION
It is my recommendation that the Mayor and City Commission endorse the contract
extensions received, with the joint purchase approach, for aluminum sulfate, fluorosilicic
acid; and sodium hypochlorite.
Date: 04/07/03
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Utility Boxes
SUMMARY OF REQUEST: Approval to purchase 4 truck utility boxes.
FINANCIAL IMPACT: Total Cost $12,828.00
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase of four utility boxes from
Truck & Trailer Specialties.
Memorandum
To: RobertKuhn
From: Brett Kraley
Date: 04/11/03
Re: Utility Boxes
The Equipment Division has ordered the replacement trucks that are going to be
used as construction in the water department. The water department has requested
that these trucks be equipped with utility boxes for tools and parts storage. This is
the standard set-up for our construction trucks and was budgeted for. When we
ordered the trucks, we opted to delete the standard boxes, which saved us over
$2000.00.
We currently have boxes from the top manufactures and after comparing cost
and quality we decided on the Rawson-Koenig boxes. Truck & Trailer Specialties
are the area sales representatives for Rawson-Koenig.
In accordance with established purchasing policy, I am requesting permission to
purchase four utility boxes from Truck & Trailer Specialties.
1
Utility Body April 11, 2003
T Serles
2
Scientific Brake , Hoekstra Allied Truck Truck & Trailer I
Til!e of Purchase 314 W. Genesee 280 36th St. 5125 Clai Rd. 6726 Hanna Rd
Saginaw Mi. Grand Ra(!ids Mi. Grand Ral!ids Mi. Dutton Mi.
4 Utility Boxes $13,200.00 $15,580.00 $15,124.00 112,828.00
' I
I
i
I
Date: April 22, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Clifford, Lakeshore Dr. to Miner
SUMMARY OF REQUEST:
The construction of Clifford, Lakeshore Dr. to Miner using concrete surface (Alternate Bid)
contract be awarded to Dan Hoe Excavating of Holland. Dan Hoe was the lowest, see
attached bid tabulation, responsible bidder with a bid price of $125,695.00.
FINANCIAL IMPACT:
The construction cost of $125,695.00 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Dan Hoe with alternate bid.
COMMITTEE RECOMMENDATION:
BID TABULATION
CLIFFORD ST from Miner Ave to Lakeshore Drive, H-1558
04/08/03
CONTRACTOR NAME NORTH RIVER EXC WADEL STABILIZATION FELCO CONTRACTORS RINCE BRIDGE & MARIN DAN HOE EXC
ADDRESS 9918 NORTH RIVER RD 2500 OCEANA DR 874 PULASKI AVE PO BOX 510 13664 ROCKY'S RD
ClTY/ST/ZJP NEWAYGO, Ml 49337 HART, Ml 49420-8116 MUSKEGON, Ml 49441 GRAND HAVEN, Ml 49417 HOLLAND, Ml 49424
DESCRIPTION QUANTIT UNIT UNIT PRICE AMOUNT UNIT PRIC AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 ADJUST MANHOLE CASTING 5 EACH S350.00 $1,750.00 $450.00 $2,250.00 $400.00 $2,000.00 $300.00 $1,500.00 $325.00 $1.625.00
2 AGGREGATE BASE COURSE 22A@ 6" C.I.P. 1210 SQ.YD. $5.50 $6.655.00 $5.50 $6,655.00 $7.00 $8,470.00 $7.50 $9,075.00 $5.50 $6,655.00
3 AGGREGATE BASE COURSE 22A@ 8" C.LP. 70 SQ.YD. $6.00 $420.00 $6.50 $455.00 $8.00 $560.00 $10.00 $700.00 $7.50 $525.00
4 BEND 8" DC! MJ 45 DEGREE 2 EACH $285.00 $570.00 $225.00 $450.00 $240.00 $480.00 $250.00 $500.00 $250.00 $500.00
5 BIT. LEVELING MJX 3C@ 165#/S.Y. 120 TON $57.46 $6.895.20 $52.24 $6,268.80 $55.00 $6.600.00 $52.25 $6,270.00 $52.25 $6,270.00
6 BIT. TOP MIX 4C @ 165#/S.Y. 120 TON $63.71 $7.645.20 $57.92 $6,950.40 $65.00 $7,800.00 $57.95 $6,954.00 $58,00 $6,960.00
7 CAP 6" DCI MJ 3 EACH $300.00 $900.00 $750.00 $2,250.00 $225.00 $675.00 $125.00 $375.00 $125.00 $375.00
8 CEMENT 1 TON $165.00 $165.00 $150.00 $150.00 $300.00 $300.00 $100.00 $100.00 $150.00 $150.00
9 CONC. CURB & GUTTER, STANDARD DETAIL 3 1140 UN. FT. $8.25 $9.405.00 $11.00 $12,540.00 $10.00 $11,400.00 $8.75 $9,975.00 $8.25 $9,405.00
10 CONC. DR!VE APPROACH 6" STD. 100 SQ.YD. $29.70 $2,970.00 $40,00 $4,000.00 $28.00 $2,800.00 $24.00 $2,400.00 $33.00 $3,300.00
11 CONC. SIDEWALK 4" 2000 SQ.FT. $2.75 $5,500.00 $3.50 $7,000.00 $2.75 $5,500.00 $2.30 $4,600.00 $3.00 $6,000.00
12 CORPORATION STOP, 1" MUELER 15000 OR EQUAL 10 EACH $275.00 $2,750.00 $750.00 $7,500.00 $380.00 $3,800.00 $270.00 $2,700.00 $500.00 $5,000.00
13 CURB STOP & BOX, 1" MUELLER 15150 OR EQUAL 3 EACH $130.00 $390.00 $450.00 $1,350.00 $400.00 $1,200.00 $320.00 $960.00 $500.00 $1,500.00
14 HYDRANT.STANDARD 2 EACH $1,550.00 $3,100.00 $1,550.00 $3,100.00 $2,000.00 $4,000.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00
15 MACHINE GRADING 5.9 STA. $4,000.00 $23,600.00 $1,500.00 $8,850.00 $3,200.00 $18,880.00 $330.00 $1,947.00 $2,450.00 $14,455.00
16 MANHOLE CASTING E.J.#1000 OR EQUAL 3 EACH $500.00 $1,500.00 $650.00 $1,950.00 $775.00 $2,325.00 $700.00 $2,100.00 $350.00 $1,050.00
17 REDUCER 8" X 5n DCI MJ 1 EACH $250.00 $250.00 $200.00 $200.00 $190.00 $190.00 $225.00 $225.00 $175.00 $175.00
18 REMOVING BIT SURFACE 620 SQ.YD. $5.00 $3,100.00 $6.00 $3,720.00 $8.00 $4,960.00 $6.50 $4,030.00 $3.50 $2,170.00
19 REMOVING CONC. CURB & GUTTER 100 LFT $6.00 $600.00 $6.00 $600.00 $7.00 $700.00 $4,50 $450.00 $4.00 $400.00
20 REMOVING CONG. DRIVE APPROACH 30 SQ.YD. $7.00 $210.00 $6.00 $180.00 $19.00 $570.00 $6.00 $180.00 $7.00 $210.00
21 REMOVING CONC. SIDEWALK 1900 SQ.FT. $1.00 $1,900.00 $0,75 $1,425.00 $7.00 $13,300.00 $2.50 $4,750.00 $0.65 $1,235.00
22 REMOVING PAVEMENT, 9" BIT 70 SQ.YD. $10.00 $700.00 $10.00 $700.00 $21.00 $1.470.00 $7.00 $490,00 $8.00 $560.00
23 REMOVING STUMP, 19" - 36" 1 EACH $75.00 $75.00 $500.00 $500.00 $2,000.00 $2,000.00 $200.00 $200.00 $125.00 $125.00
24 REMOVING TREES 8" TO 12" 1 EACH $50.00 $50.00 $300.00 $300.00 $800.00 $800.00 $200.00 $200.00 $250.00 $250.00
25 REMOVING TREES 13" TO 24" 1 EACH $500.00 $500.00 $500.00 $500.00 $1,200.00 $1,200.00 $300.00 $300.00 $450.00 $450.00
26 RET AIN!NG WALL DET All 60 SFT $300.00 $18,000.00 $30.00 $1,800.00 $50.00 $3,000.00 $40.00 $2,400.00 $22.00 $1,320.00
27 SANJT ARY SEWER REPAIR 1 O" SOR 35 WI FITTINGS 10 LIN. FT. $3,000.00 $30,000.00 $200.00 $2,000.00 $54.00 $540.00 $100.00 $1,000.00 $125.00 $1,250.00
28 SLEEVE LONG 8" DCI MJ 2 EACH $350.00 S700.00 $1,200.00 $2,400.00 $350.00 $700.00 $220.00 $440.00 $200.00 $400.00
29 TAPPING SLEEVE & VALVE 6" X 6" WITH BOX 1 EACH $4,000.00 $4,000.00 $2,750.00 $2,750.00 $2,200.00 $2,200.00 $1,850.00 $1,850.00 $1,500.00 $1,500.00
30 TAPPING SLEEVE & VALVE 24" X 8" WITH BOX 1 EACH $7,500.00 $7,500.00 $3,500.00 $3,500.00 $3.400.00 $3,400.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00
31 TEE 8" X 8" X 6" DC! MJ 2 EACH $400.00 $800.00 $350.00 $700.00 $400.00 $800.00 $400.00 $800.00 $250.00 $500.00
32 TERRACE GRADING 590 LIN. FT. $18.00 $10,620.00 $10,00 $5,900.00 $23.00 $13,570.00 $15.00 $8,850.00 $10.00 $5,900.00
33 TRAFFIC CONTROL 1 LUMP $13,500.00 $13,500.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00
34 TRENCH REPAIR LOCAL STREET TYPE Ill 25 LFT $300.00 $7,500.00 $150.00 $3,750.00 $70.00 $1,750.00 $310.00 $7,750.00 $80.00 $2,000.00
35 VALVE 6' GATE MJ WITH BOX 2 EACH $700.00 $1.400.00 $850.00 $1,700.00 $900.00 $1,800.00 $875.00 $1,750.00 $450.00 $900.00
36 WATER MAIN 6" DCI CL 52 30 LIN. FT. $28.00 $840.00 $50.00 $1,500.00 $32.00 S960.00 $28.00 $840.00 $24.00 $720.00
37 WATER MAIN 8" OCJ CL 52 600 UN. FT. $30.00 $18,000.00 $34.00 $20,400.00 $43.00 $25,800.00 $28.00 $16,800.00 $30.00 $18,000.00
38 WATER MEETER PIT, COMPLETE 5 EACH $500.00 $2,500.00 S500.00 $2,500.00 $790.00 $3,950.00 $1,500.00 $7,500.00 $950.00 $4,750.00
39 WATER SERVICE 1"TYPE "K" COPPER 200 LIN.FT. $13.00 $2,600.00 $4.00 $800.00 $23.00 $4,600.00 $28.00 $5,600.00 $15.00 $3,000.00
TOTAL $199,560.40 $133,044.20 $170,050.00 $126,561.00 $118,085.00
BID TABULATION-ALTERNATE
$199,560.40 \ $133,044.20 $170,050.001 I $126,561.00 s11s,os5.oo I
DESCRIPTION
DELETE THE FOLLOWING 810 ITEMS QUANTIT UNIT UNIT PRICE AMOUNT UNIT PRJC AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 AGGREGATE BASE COURSE 22A@ 6" C.!.P. -1210 SQ. YD. $5.50 -$6,655.00 $5.50 -$6,655.00 $7.00 -$8,470.00 $7.50 -$9,075.00 $5.50 -$6,655.00
2 BIT. LEVELING MIX 3C@ 165#/S.Y. -120 TON $57.46 -$6,895.20 $52.24 -$6,268.80 $55.00 -$6,600.00 $52.25 -$6,270.00 $52.25 $6,270.00
3 BIT. TOP MIX 4C@ 165#/S.Y. -120 TON $63.71 -$7,645.20 $57.92 -$6,950.40 $65.00 -$7,800.00 $57.95 -$6,954.00 $58,00 -$6,960.00
4 CONG CURB & GUTTER STD DET 3 -1140 LN.FT. $8.25 -$9,405.00 $11.00 -$12,540.00 $10.00 -$11.400.00 $8.75 -$9,975.00 $8.50 -$9,690.00
5 MACHINE GRADING -5.9 STA $4,000.00 -$23,600.00 $1,500.00 -S8,850.00 $3,200.00 -$18,880.00 $330.00 -$1,947.00 $2,450.00 -$14,455.00
ADO THE FOLLOWING BIO ITEMS
6 AGGEGATE BASE COURSE 22A@ 6" CIP 5 SQ. YD. $10.00 $50.00 $100.00 $500.00 $12.00 $60.00 $20.00 $100.00 $35.00 $175.00
7 BIT LEVEL MIX 3C@ 165#/SYO 10 TON $66.00 $660.00 $75.00 $750.00 $70.00 $700.00 $60.00 $600.00 $60.00 $600.00
8 BIT LEVEL MIX 4C @ 165 #/SYD 10 TON $71.50 $715.00 $85.00 $650.00 $75.00 $750.00 $65.00 $650.00 $65.00 $650.00
9 CONC CURB & GUTTER STD DET 1 50 LN.FT. $10.00 $500.00 $20.00 S1 ,000.00 $14.00 $700.00 $20.00 $1,000.00 $20.00 $1,000.00
10 CONC PAVEMENT W/CURB STD DET 3, NON REINF, 6" 1200 SQ. YD. $31.20 $37,440.00 $40.00 $48,000.00 $35.65 $42,780.00 $24.75 $29,700.00 $27.00 $32,400.00
11 MACHINE GRADJNG INCLUDING SALV AG BASE 3* CIP 5.9 STA $4,000.00 $23,600.00 $2,000.00 $11,800.00 $4,000.00 $23,600.00 $330.00 $1,947,00 $2,650.00 S16,815.00
TOTAL $208,325.00 $154,680.00 $185,490.00 $126,337.00 $125,695.00
ENGINEER'S ESTIMATE
CLIFFORD ST from Miner Ave to Lakeshore Drive, H-1558
ENGINEER'S ESTIMATE APRIL 1 2003
DESCRIPTION QUANTITY UNIT PRICE PRICE
1 ADJUST MANHOLE CASTING 5 EACH $400.00 $2,000.00
2 AGGREGATE BASE COURSE 22A@ 6" C.I.P. 1210 SQ.YD $5.00 $6,050.00
3 AGGREGATE BASE COURSE 22A@ 8" C.LP. 70 SQ.YD. $6.00 $420.00
4 BEND 8" DC! MJ 45 DEGREE 2 EACH $150.00 $300.00
5 BIT. LEVELING MIX 3C@ 165#/S.Y. 120 TON $40.00 $4,800.00
6 BIT. TOP MIX 4C @ 165#/S.Y. 120 TON $60.00 $7,200.00
7 CAP 6" DCJ MJ 3 EACH $100.00 $300.00
8 CEMENT 1 TON $180.00 $180.00
9 CONG. CURB & GUTTER, STANDARD DETAIL 1 1140 LIN. FT. $9.00 $10,260.00
10 CONG. DRIVE APPROACH 6" STD. 100 SQ.YD. $28.00 $2,800.00
11 CONG. SIDEWALK 4" 2000 SQ.FT. $3.00 $6,000.00
12 CORPORATION STOP, 1" MUELER 15000 OR EQUAL 10 EACH $200.00 $2,000.00
13 CURB STOP & BOX, 1" MUELLER 15150 OR EQUAL 3 EACH $300.00 $900.00
14 HYDRANT, STANDARD 2 EACH $1,500.00 $3,000.00
15 MACHINE GRADING 5.9 STA. $500.00 $2,950.00
16 MANHOLE CASTING E.J.#1000 OR EQUAL 3 EACH $500.00 $1,500.00
17 REDUCER 8" X 6" DCI MJ 1 EACH $200.00 $200.00
18 REMOVING BIT SURFACE 620 SQ.YD. $6.00 $3,720.00
19 REMOVING CONG. CURB & GUTTER 100 LFT $5.00 $500.00
20 REMOVING CONG. DRIVE APPROACH 30 SQ.YD. $10.00 $300.00
21 REMOVING CONG. SIDEWALK 1900 SQ.FT. $1.00 $1,900.00
22 REMOVING PAVEMENT, 9" BIT 70 SQ.YD. $100.00 $7,000.00
23 REMOVING STUMP, 19" - 36" 1 EACH $300.00 $300.00
24 REMOVING TREES 8" TO 12" 1 EACH $300.00 $300.00
25 REMOVING TREES 13" TO 24" 1 EACH $400.00 $400.00
26 RETAINING WALL DETAIL 60 SFT $20.00 $1,200.00
27 SANITARY SEWER REPAIR 10" SOR 35 W / FITTINGS 10 LIN. FT. $50.00 $500.00
28 SLEEVE LONG 8" DCI MJ 2 EACH $300.00 $600.00
'" TAPPING SLEEVE & VALVE 6" X 6" WITH BOX l tcAl·'1 '!.-.1, ,-,,4 II ·.Ill -i;·,1 , .... ,111J)f
30 TAPPING SLEEVE & VALVE 24" X 8" WITH BOX 1 EACH $3,000.00 $3,000.00
31 TEE 8"X 8"X6"DCIMJ 2 EACH $200.00 $400.00
32 TERRACE GRADING 590 LIN. FT. $10.00 $5,900.00
33 TRAFFIC CONTROL 1 LUMP $2,000.00 $2,000.00
34 TRENCH REPAIR LOCAL STREET TYPE Ill 25 LFT $100.00 $2,500.00
35 VALVE 6' GATE MJ WITH BOX 2 EACH $700.00 $1,400.00
36 WATER MAIN 6" OCI CL 52 30 LIN. FT. $30.00 $900.00
37 WATER MAIN 8" DCI CL 52 600 LIN. FT. $40.00 $24,000.00
38 WATER MEETER PIT, COMPLETE 5 EACH $900.00 $4,500.00
39 WATER SERICE 1" TYPE "K" COPPER 200 LIN. FT. $300.00 $6D,000.00
TOTAL $174,680.00
Date: April 22, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Washington St., Franklin to Lakeshore Dr.
SUMMARY OF REQUEST:
The reconstruction of Washington St., Franklin to Lakeshore Dr. contract be awarded to
Prince Bridge & Marine of Grand Haven. Prince Bridge was the lowest, see attached bid
tabulation, responsible bidder with a bid price of $326,073.26.
FINANCIAL IMPACT:
The construction cost of $326,073.25 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Prince Bridge & Marine.
COMMITTEE RECOMMENDATION:
BID TABULATION
H-1559, W-638 & S-581 WASHINGTON AVE. LAKESHORE DR. to FRANKLIN
04/08/03
CONTRACTOR NAME NORTH RIVER EXC WADEL STABILIZATION FELCO CONTRACTORS R\NCE BRIDGE & MARIN DAN HOE EXC JACKSON-MERKEY
ADDRESS 9918 NORTH RIVER RD 2500 OCEANA DR 874 PULASKI AVE PO SOX 510 13664 ROCKY'S RD 555 E. WESTERN AVE
CITY/ST/ZIP NEWAYGO, Ml 49337 HART, Ml 49420-8116 MUSKEGON, Ml 49441 GRAND HAVEN, Ml 49417 HOLLAND, Ml 49424 MUSKEGON, Ml 49441
ITEM DESCRIPTION QUANTITY UNIT UNIT PRIG AMOUNT UNIT PRIG AMOUNT UN!T PRICE AMOUNT UNIT PRIG AMOUNT UNIT PR/C AMOUNT UNIT PR!C AMOUNT
1 ADJUST MANHOLE CASTING 1 EACH $250,00 $250.00 $400.00 $400.00 $500.00 $500.00 $300.00 $300.00 $275.00 $275.00 $475.00 $475.00
2 ADJUST CATCH BASIN CASTJNG 2 EACH $250.00 $500.00 $300.00 $600.00 $450.00 $900.00 $300.00 $600.00 $275.00 $550.00 $400.00 $800.00
3 AGGREGATE BASE COURSE 22A@ 8" CJ.P. 4410 SQ.YD. $6.00 $26,460.00 $5.50 $24,255.00 $6.00 $26,460.00 $6.25 $27,562.50 $5.50 $24,255.00 $5.75 $25,357.50
4 BENDS D.C.I. 8" 45° M.J. 14 EACH $285.00 $3,990.00 $225.00 $3,150.00 $280.00 $3,920.00 $250.00 $3,500.00 $200.00 $2,800.00 $280.00 $3,920.00
5 BIT. LEVELING MIX 3C@ 165#/S.Y. 390 TON $43.00 $16,770.00 $39.10 $15,249.00 $43,00 $16,770.00 $39.10 $15,249.00 $39.09 $15,245.10 $39.15 $15,268.50
6 BIT. TOP MIX 4C MOD. POYLMER ASPH. @220#/S.Y. 540 TON $50.60 $27,324.00 $46.03 $24,856.20 $49.00 $26,460.00 $46.05 $24,867.00 $46.03 $24,856.20 $46.00 $24,840.00
7 CATCH BASIN CASTING E.J.#7045 OR EQUAL 3 EACH $385.00 $1,155.00 $500.00 $1,500.00 $700.00 $2,100.00 $470.00 $1,410.00 $500.00 $1,500.00 $535.00 $1,605.00
8 CATCH BASIN FLAT TOP 1 EACH $600.00 $600.00 $1,000.00 $1,000.00 $1,900.00 $1,900.00 $1,000.00 $1,000.00 $1,250.00 $1,250.00 $1,390.00 $1,390.00
9 CEMENT 3 TON $165.00 $495.00 $0.01 $0.03 $200.00 $600.00 $100.00 $300.00 $150.00 $450.00 $165.00 $495.00
10 CONC. CURB & GUTTER F*4 MOD. 2430 UN. FT. $8.64 $20,995.20 $10.00 $24,300.00 $10.00 $24,300.00 $8.50 $20,655.00 $8.75 $21,262.50 $8.65 $21,019.50
11 CONC. DRIVE APPROACH 6" STD. 193 SQ.YD. $22.28 $4,300.04 $27.00 $5,211.00 $28.50 $5,500.50 $24.00 $4,632.00 $24.00 $4,632.00 $22,25 $4,294.25
12 CONC. SIDEWALK 4" 3801 SQ.FT. $2.48 $9,426.48 $2.75 $10,452.75 $2.50 $9,502.50 $2,00 $7,602.00 $2.10 $7,982.10 $2.45 $9,312.45
13 CONG. SIDEWALK 6" 175 SQ.FT. $2.65 $463.75 $3.00 $525.00 $3.25 $568.75 $2.60 $455.00 $2.60 $455.00 $2.75 $481.25
14 CONG. STEPS PER DETAIL 471 SQ.FT. $16.00 $7,536.00 $17.50 $8,242.50 $8.00 $3,768.00 $9.75 $4,592.25 $7.62 $3,589.02 $16.00 $7,536.00
15 CORP. STOP 1" MUELLER #15000 OR EQUAL 35 EACH $275,00 $9,625.00 $500.00 $17,500.00 $250.00 $8,750.00 $225.00 $7,875.00 $200.00 $7,000.00 $225.00 $7,875.00
16 CROSS D.C.I. B"x 8" M.J. 1 EACH $500.00 $500,00 $500.00 $500.00 $550.00 $550.00 $325.00 $325.00 $500.00 $500.00 $450.00 $450.00
17 CURB STOP I" W / BOX MUELLER #15150 OR EQUAL 10 EACH $130.00 $1,300.00 $250.00 $2,500.00 $350.00 $3,500.00 $250.00 $2,500.00 $225.00 $2,250.00 $275.00 $2,750.00
18 HYDRANT STD. 4 EACH $1,550.00 $6,200.00 $1,250.00 $5,000.00 $2,100.00 $8,400.00 $1,500.00 $6,000.00 $1,650.00 $6,600.00 $1,450.00 $5,800.00
19 MACHINE GRADING MOD. 12.33 STA. $2,250.00 $27,742.50 $750.00 $9,247.50 $900.00 $11,097.00 $600.00 $7,398.00 $1,950.00 $24,043.50 $1,075.00 $13,254.75
20 MANHOLE CASTING E.J.#1000 OR EQUAL 6 EACH $500.00 $3,000.00 $400.00 $2,400.00 $600,00 $3,600.00 $400.00 $2,400.00 $400.00 $2,400.00 $545.00 $3,270.00
21 MANHOLE STD. 4' I.D. O' TO 10' DEEP 5 EACH $1,450.00 $7,250.00 $1,100.00 $5,500.00 $1,800.00 $9,000.00 $1,200.00 $6,000.00 $1,500.00 $7,500.00 $1,450.00 $7,250.00
22 REDUCERS 8" TO 6" D.C.!. M.J. 3 EACH $250.00 $750.00 $200.00 $600.00 $200.00 $600.00 $250.00 $750.00 $225.00 $675.00 $200.00 $600.00
23 REMOVING CONG. DRIVE APPROACH 132 SQ.YD. $6,00 $792.00 $4.50 $594.00 $12.00 $1,584.00 $5.50 $726.00 $3.25 $429.00 $9.00 $1,188.00
24 REMOVING CONG. SIDEWALK 4315 SQ.FT. $1,00 $4,315.00 $0.50 $2,157.50 $2.00 $8,630.00 $1.50 $6,472.50 $0.40 $1,726.00 $1.00 $4,315.00
25 REMOVING MANHOLE 3 EACH $400.00 $1,200.00 $200.00 $600.00 $1,000.00 $3,000.00 $350.00 $1,050.00 $200.00 $600.00 $650.00 $1,950.00
26 REMOVING PAVEMENT 4960 SQ.YD. $6.00 $29,760.00 $3.00 $14,880.00 $3.00 $14,880.00 $4.00 $19,840.00 $3.75 $18,600.00 $6.45 $31,992.00
27 REMOVING 12" VIT. SANITARY SEWER 75 UN. FT. $10.00 $750.00 $6.00 $450.00 $15.00 $1,125.00 $10.00 $750.00 $6.00 $450.00 $10.00 $750.00
28 SAND REFILL 3920 CU.YD. $6.50 $25,480.00 $10.00 $39,200.00 $7.00 $27,440.00 $8.45 $33,124.00 $7.00 $27,440.00 $6.35 $24,892.00
29 SANITARY SEWER SERVICE 6" SOR 35 1450 LIN. FT. $15.00 $21,750.00 $21.00 $30,450.00 $26.00 $37,700.00 $16.00 $23,200.00 $23.00 $33,350.00 $28.00 $40,600.00
30 SAN!TARY SEWER 8" SOR 35 1142 LIN. FT. $28,00 $31,976.00 $22.00 $25,124.00 $29.00 $33,118.00 $18.00 $20,556.00 $25.00 $28,550.00 $29.50 $33,689.00
31 SAN!TARY SEWER WYE S"x 6" SOR 35 45 EACH $160.00 $7,200.00 $50.00 $2,250.00 $55.00 $2,475.00 $90.00 $4,050.00 $150.00 $6,750.00 $75.00 $3,375.00
32 SLEEVES LONG 6" D.C.I. M.J. 3 EACH $350.00 $1,050.00 $750.00 $2,250.00 $250.00 $750.00 $180.00 $540.00 $300.00 $900.00 $490.00 $1,470.00
33 SLEEVES LONG 8" D.C.I. M.J. 1 EACH $400.00 $400,00 $800.00 $800.00 $290.00 $290.00 $220.00 $220.00 $350.00 $350,00 $575.00 $575.00
34 STORM SEWER 10" SDR 35 10 UN. FT. $50.00 $500.00 $45.00 $450.00 $33.00 $330,00 $25.00 $250.00 $55.00 $550.00 $28.00 $280,00
35 TEE D.C.I. 8" x 8" x 6" M.J. 4 EACH $400.00 $1,600.00 $275.00 $1,100.00 $250.00 $1.000.00 $275.00 $1,100.00 $375.00 $1,500.00 $290.00 $1,160.00
36 TERRACE GRADING 1233 UN. FT. $8,00 $9,864.00 $7.50 $9,247.50 $14.00 $17,262.00 $9.00 $11,097.00 $10.00 $12,330.00 $9.50 $11,713.50
37 TRAFFIC CONTROL 1 LUMP $3,500.00 $3,500.00 $2,000.00 $2,000.00 $4,000.00 $4,000.00 $2,400.00 $2,400.00 $2,700.00 $2,700.00 $6,475.00 $6,475.00
38 VALVE 6" GATE M.J. W/BOX 4 EACH $700.00 $2,800.00 $650.00 $2,600.00 $800.00 $3,200.00 $800,00 $3,200.00 $575,00 $2,300.00 $600.00 $2,400.00
39 VALVE 8" GATE M.J. W/BOX 3 EACH $800.00 $2,400.00 $800.00 $2,400.00 $900.00 $2,700.00 $1,000.00 $3,000.00 $700.00 $2,100.00 $800,00 $2,400.00
40 WATERMAJN 6" D.C.J. CL. 52 79 LIN. FT. $28.00 $2,212.00 $23.00 $1,817.00 $36.00 $2,844.00 $25,00 $1,975.00 $24.00 $1,896.00 $27.00 $2,133.00
41 WATERMA!N 8" D.C.\. CL. 52 1294 UN, FT. $30.00 $38,820.00 $26.00 $33,644.00 $39.00 $50,466.00 $25.00 $32,350.00 $25.00 $32,350.00 $33,00 $42,702.00
42 WATER METER PIT COMPLETE 10 EACH $500.00 $5,000.00 $450.00 $4,500.00 $300.00 $3,000.00 $500.00 $5,000.00 $950.00 $9,500.00 $745.00 $7,450.00
43 WATER SERVICE 1" TYPE "K" COPPER 920 LIN. FT. $13.00 $11,960.00 $3.00 $2,760.00 $17.00 $15,640.00 $10.00 $9,200.00 $12.00 $11,040.00 $19.50 $17,940.00
TOTAL $379,961.97 $342,262.98 $400,180.75 $326,073.25 $355,481.42 $397,493.70
H-1559, W-638 & S-581 WASHINGTON AVE. LAKESHORE DR. to FRANKLIN
STREET, WATERMAIN & SEWER IMPROVEMENTS
ENGINEER'S ESTIMATE MARCH 11 2003
DESCRIPTION QUANTITY UNIT PRICE PRICE
1 ADJUST MANHOLE CASTING 1 EACH $300.00 $300.00
2 ADJUST CATCH BASIN CASTING 2 EACH $275.00 $550.00
3 AGGREGATE BASE COURSE 22A@ 8" C.1.P. 4410 SQ.YD. $5.00 $22,050.00
4 BENDS D.C.l. 8" 45° M.J. 14 EACH $250.00 $3,500.00
5 BIT. LEVELING MIX 3C@ 165#/S.Y. 390 TON $40.00 $15,600.00
6 Bff. TOP MIX 4C MOD. POYLMER ASPH.@ 220#/S.Y. 540 TON $60.00 $32,400.00
7 CATCH BASIN CASTING E.J.#7045 OR EQUAL 3 EACH $450.00 $1,350.00
8 CATCH BASIN FLAT TOP 1 EACH $1,300.00 $1,300.00
9 CEMENT 3 TON $175.00 $525.00
10 CONG. CURB & GUTTER F·4 MOO. 2430 LIN. FT. $9.00 $21,870.00
11 CONG. DRIVE APPROACH 6" STD. 193 SQ.YD. $28.00 $5,404.00
12 CONG. SIDEWALK 4" 3801 SQ.FT. $2.50 $9,502.50
13 CONG. SIDEWALK 6" 175 SQ.FT. $3.50 $612.50
14 CONG. STEPS PER DETAIL 471 SQ.FT. $6.00 $2,826.00
15 CORP. STOP 1" MUELLER #15000 OR EQUAL 35 EACH $225.00 $7,875.00
16 CROSS D.C.I. 8"x 8" M.J. 1 EACH $450.00 $450.00
17 CURB STOP I" W / BOX MUELLER #15150 OR EQUAL 10 EACH $250.00 $2,500.00
18 HYDRANT STD. 4 EACH $1,400.00 $5,600.00
19 MACHINE GRADING MOD. 12.33 STA. $500.00 $6,165.00
20 MANHOLE CASTING E.J.#1000 OR EQUAL 6 EACH $500.00 $3,000.00
21 MANHOLE STD. 4' 1.0. O' TO 1O' DEEP 5 EACH $1,500.00 $7,500.00
22 REDUCERS 8" TO 6" D.C.I. M.J. 3 EACH $200.00 $600.00
23 REMOVING CONG. DRIVE APPROACH 132 SQ.YD. $6.00 $792.00
24 REMOVING CONG. SIDEWALK 4315 SQ.FT. $1.00 $4,315.00
25 REMOVING MANHOLE 3 EACH $500.00 $1,500.00
26 REMOVING PAVEMENT 4960 SQ.YD. $5.00 $24,800.00
27 REMOVING 12" VIT. SANITARY SEWER 75 LIN. FT. $10.00 $750.00
28 SAND REFILL 3920 CU.YD. $6.75 $26,460.00
29 SANITARY SEWER SERVICE 6" SOR 35 1450 LIN. FT. $28.00 $40,600.00
30 SANITARY SEWER 8" SOR 35 1142 LIN. FT. $28.00 $31,976.00
31 SANITARY SEWER WYE 8"x 6" SOR 35 45 EACH $150.00 $6,750.00
32 SLEEVES LONG 6" D.C.I. M.J. 3 EACH $400.00 $1,200.00
33 SLEEVES LONG 8" D.C.I. M.J. 1 EACH $450.00 $450.00
34 STORM SEWER 10" SOR 35 10 LIN. FT. $25.00 $250.00
35 TEE D.C.I. 8" x 8" x 6" M.J. 4 EACH $300.00 $1,200.00
36 TERRACE GRADING 1233 LIN. FT. $10.00 $12,330.00
37 TRAFFIC CONTROL 1 LUMP $10,000.00 $10,000.00
38 VALVE 6" GATE M.J. W/BOX 4 EACH $650.00 $2,600.00
39 VALVE 8" GATE M.J. W/BOX 3 EACH $800.00 $2,400.00
40 WATERMAIN 6" D.C.I. Cl. 52 79 LIN. FT. $25.00 $1,975.00
41 WATERMAlN 8" D.C.I. CL. 52 1294 LIN. FT. $30.00 $38,820.00
42 WATER METER PIT COMPLETE 10 EACH $700.00 $7,000.00
43 WATER SERVICE 1" TYPE "K" COPPER 920 LIN. FT. $20.00 $18,400.00
TOTAL $386,048.00
Date: April 22, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Consideration of Bids
Mann/Moon Harrison to Lakeshore Dr.
SUMMARY OF REQUEST:
The reconstruction of Mann & Moon from Harrison to Lakeshore Dr. contract be awarded
to Prince Bridge & Marine of Grand Haven. Prince Bridge was the lowest, see attached
bid tabulation, responsible bidder with a bid price of$123,074.35.
FINANCIAL IMPACT:
The construction cost of $123,074.35 plus related engineering expenses.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Prince Bridge & Marine.
COMMITTEE RECOMMENDATION:
MANN/MOON STS., HARRISON AVE. TO LAKESHORE DR.
H-1550/H-1549 • 5-582/5-583
BID TABULATION
4/15/03
CONTRACTOR DAN HOE EX FELCO RINCE BRIDGE & MARIN WADEL STABILIZATION MCCORMICK SAND NORTH RIVER EX GRANT TOWER INC
ADDRESS 13664 ROCKY'S RD 874 PULASKI AVE PO BOX 510 2500 OCEANA DR 995 S. 102ND AVE. 9918 N. RIVER RD 13064 WISNER
C11Y/ST/ZIP HOLAND, Ml 49424 MUSKEGON, Ml 49441 GRAND HAVEN, Ml 49417 HART, Ml 49420-8118 SHELBY, Ml 49455 NEWAYGO, Ml 49337 GRANT, Ml 49327
ITEM DESCRIPTION UANTIT UNIT UNIT PRICE TOTAL PRIG NIT PRIG TOTAL PRIG NIT PRIG TOTAL PRICE NIT PRIG TOTAL PRIG NIT PRIG TOTAL PRIG NIT PRIG OTAL PRIG NIT PRIG OTAL PRIG
1 ADJUST CATCH BASIN CASTING 3 EACH $350.00 $1,050.00 $475.00 $1,425.00 $275.00 $825.00 $250.00 $750.00 $200.00 $600.00 $300.00 $900.00 $435.00 $1,305.00
2 ADJUST MANHOLE CASTING 5 EACH $350.00 $1,750.00 $475.00 $2,375.00 $275.00 $1,375.00 $500.00 $2.500.00 $200.00 $1,000.00 $300.00 $1,500.00 $432.00 $2,160.00
3 AGGREGATE BASE COURSE, 22A /i5:J 6" C.I.P. 2004 SYD $8.00 $16,032.00 $4.65 $9,318.60 $7.00 $14,028.00 $5.25 S10.521.00 $4.50 $9,018.00 $5,75 $11,523.00 $4.25 $8,517,00
4 BITUMINOUS LEVELING COURSE 3C @_ 165#/SQ.YD. 18 TON $126.00 $2,268.00 $150.00 $2,700.00 $126.00 $2,268.00 $70.00 $1,260.00 $85.00 $1.530.00 $125.00 $2,250.00 $142.00 $2,556.00
5 BITUMINOUS TOP COURSE 4C lffl 165#/SQ.YD 18 TON $126.00 $2,268.00 $152.00 $2,736.00 $128.00 $2,304.00 $75.00 $1,350.00 $85.00 $1,530.00 $125.00 $2,250.00 $142.00 $2,556.00
8 CATCH BASIN CASTING E.J. 7045 OR EQUAL 8 EACH $550.00 $3,300.00 $525.00 $3,150.00 $500.00 $3.000.00 $650.00 $3,900.00 $564.00 $3,384.00 $650.00 $3,900.00 $690.00 $4 140.00
7 CATCH BASIN FLATTOP 3 EACH $1,250.00 $3,750.00 $1.600.00 $4,800.00 $1.200.00 $3.600.00 $1,750.00 $5,250.00 $300.00 $900.00 $500.00 $1,500.00 $440.00 $1,320.00
8 CONCRETE CURB & GUTTER F-4 MOD. 55 LFT $12.00 $660.00 $15.00 $825.00 $10.00 $550.00 $20.00 $1,100.00 $15.40 $847.00 $15.75 $866.25 $12.40 $682.00
9 CONCRETE DRIVE APPROACH, 6" 351 SYD $29.00 $10.179.00 $26.00 $9,126.00 $24.00 $8.424.00 $36.00 $12,636.00 $24.70 $8.669.70 $28.50 $10,003.50 S27.00 $9,477.00
10 CONCRETE PAVEMENT 6" WITH INTEGRAL CURB 1842 SYD $28.00 $51,576.00 $30.55 $56,273.10 $24.75 $45.589.50 $38.50 $70,917.00 $28.80 $53.049.60 $33.00 $60,786.00 $27.00 $49 734.00
11 CONCRETE SIDEWALK. 4" 430 SFT $3.00 $1,290.00 $4.00 $1,720.00 $2.30 $989.00 $4.00 $1,720.00 $2.75 $1.182.50 $2.95 $1,268.50 $2.70 $1,161.00
12 CONCRETE SIDEWALK, 6" 200 SFT $3.50 $700.00 $5.00 $1,000.00 S2.50 $500.00 $4.50 $900.00 $3,00 $600.00 $3.50 $700.00 $2.90 $580.00
13 MANHOLE CASTING E.J. # 1000 OR EQUAL 5.67 STA $3,500.00 $19,845.00 $1.400.00 $7,938.00 $700.00 $3.969.00 $2.000.00 $11,340.00 $1.559.08 $8,839.98 $3,000.00 $17,010.00 $2,152.00 $12,201.84
14 MACHINE GRADING MODIFIED 4 EACH $400.00 $1.600.00 $550.00 S2.200.00 $400.00 $1,600.00 $550.00 $2,200.00 S457.00 $1.828.00 $575.00 $2,300.00 $677.00 $2,708.00
15 RECONSTRUCTING CATCH BASIN 2 VT.FT $250.00 $500.00 $225.00 $450.00 $500,00 $1,000.00 $300.00 $600.00 $210.00 $420.00 $250.00 $500.00 S275.00 $550.00
18 REMOVING BIT SURFACE 99 SYD $3.50 $346.50 $7.00 $693.00 $4.75 $470.25 $8.00 $792.00 $2.00 $198.00 $8.00 $792.00 $2.00 $198.00
17 REMOVING CATCH BASIN 3 EACH $200.00 $600.00 $800.00 $2.400.00 $325.00 $975.00 $500.00 $1.500.00 $315.00 $945.00 $350.00 $1,050.00 $310.00 $930.00
18 REMOVING CONCRETE APPROACH 343 SYD $5.00 $1,715.00 $6.00 $2,058.00 S10.00 $3,430.00 $6.00 $2.058.00 SB.DO $2,744.00 $10.00 $3,430.00 $4.00 $1.372.00
19 REMOVING CONCRETE SIDEWALK 800 S FT $0.75 $450.00 $4.00 $2.400.00 $2.50 $1,500.00 $6.00 $3.600,00 $1.00 $600.00 $1.25 $750.00 $0.42 $252.00
20 REMOVING PAVEMENT 2004 SYD $5.00 $10,020.00 $4.00 $8,016.00 $5.65 $11,322.60 $6.00 $12,024.00 $8.57 $17,174.28 $10.00 $20.040.00 $5.50 $11.022.00
21 SANITARY SE\/IJER 18" SOR 35 128 LFT $60.00 $7,680.00 $79.00 $10,112.00 $40.00 $5,120.00 $65.00 $8.320.00 $96.00 $12 288.00 $75.00 $9.600.00 $74.00 $9,472.00
22 STORM SEWER, 1 O" SOR 35 71 LFT $24.00 $1,704.00 $65,00 $4,615.00 $35.00 $2,485.00 $45.00 $3,195.00 $27.00 $1,917.00 $30.00 $2.130.00 $28.00 $1,988.00
23 TERRACE GRADING 580 LFT $12.00 $6,720.00 $22.00 $12,320.00 $5.00 $2,800.00 $12.50 $7.000.00 $11.57 $6,479.20 $15.00 $8.400.00 $10.20 $5.712.00
24 TRAFFIC CONTROL 1 LUMP $6,000.00 $6,000.00 $4.500.00 $4.500.00 $4.950.00 $4,950.00 $3,000.00 $3.000.00 $3,800.00 $3,800.00 $7,500.00 $7.500.00 $4,910.00 $4,910.00
TOTAL $152,003.50 $153,150.70 $123,074.35 $168,433.00 $139,544.26 $170,949.25 $135,503.84
12
H-1550/H-1555 MANN/MOON, HARRISON TO LAKESHORE ENGINEER'S ESTIMATE 1/24/03
S-582/S-583
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
1 ADJUST CATCH BASIN CASTING 3 EACH $300.00 $900.00
2 ADJUST MANHOLE CASTING 5 EACH $400.00 $2,000.00
3 AGGREGATE BASE COURSE, 22A@6" C.I.P. 2004 SYD $6.00 $12,024.00
4 BITUMINOUS LEVELING COURSE 3C@ 165#/SQ.YD. 18 TON $80.00 $1,440.00
5 BITUMINOUS TOP COURSE 4C@ 165#/SQ.YD. 18 TON $85.00 $1,530.00
6 CATCH BASIN CASTING E.J. 7045 OR EQUAL 6 EACH $500.00 $3,000.00
7 CATCH BASIN FLAT TOP 3 EACH $1,300.00 $3,900.00
8 CONCRETE CURB & GUTTER F-4 MOD. 55 L FT $20.00 $1,100.00
9 CONCRETE DRIVE APPROACH, 6" 351 SYD $26.00 $9,126.00
10 CONCRETE PAVEMENT 6" WITH INTEGRAL CURB 1842 SYD $32.00 $58,944.00
11 CONCRETE SIDEWALK, 4" 430 S FT $3.00 $1,290.00
12 CONCRETE SIDEWALK, 6" 200 S FT $4.00 $800.00
13 MACHINE GRADING MODIFIED 5.67 STA. $500.00 $2,835.00
14 MANHOLE CASTING E.J. # 1000 OR EQUAL 4 EACH $450.00 $1,800.00
15 RECONSTRUCTING CATCH BASIN 2 VT.FT. $400.00 $800.00
16 REMOVING BIT SURFACE 99 SYD $26.00 $2,574.00
17 REMOVING CATCH BASIN 3 EACH $400.00 $1,200.00
18 REMOVING CONCRETE APPROACH 343 SYD $13.00 $4,459.00
19 REMOVING CONCRETE SIDEWALK 600 S FT $2.00 $1,200.00
20 REMOVING PAVEMENT 2004 SYD $15.00 $30,060.00
21 SANITARY SEWER 18" SDR 35 128 LFT $70.00 $8,960.00
22 STORM SEWER, 10" SDR 35 71 L FT $15.00 $1,065.00
23 TERRACE GRADING 560 L FT $8.00 $4,480.00
24 TRAFFIC CONTROL 1 LUMP $10,000.00 $10,000.00
TOTAL $165,487.00
;,.oo"s- 3S J)
Date: April 22, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City - MDOT Agreement for:
Creston St., Evanston to Apple
SUMMARY OF REQUEST:
To approve the attached contract with MOOT for the milling & resurfacing of Creston
Street from Evanston to Apple and to approve the attached resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
MDOT's participation is about $232,400 but not to exceed 81.85% of eligible cost.
The estimated total (including engineering) cost of the project is $335,000.
BUDGET ACTION REQUIRED:
None at this time. The City's share of the cost will come out of the Major Street
Fund as was budgeted.
STAFF RECOMMENDATION:
That the attached agreement and resolution be approved.
COMMITTEE RECOMMENDATION:
RESOLUTION 2003-35 ( 1)
RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BElWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE MILLING &
RESURFACING OF CRESTON FROM EVANSTON TO APPLE (M-46) 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 Vice Mayor Buie and supported by
Commissioner----'S""pc..c.ac..ct..c..ca=-r-"-o_ _ _ _ _ _ _that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into Contract no. 03-5106 between the Michigan
Department of Transportation and the City of Muskegon for the resurfacing & widening of the
southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of
Muskegon.
RESOLVED, that entry by the City into Contract Agreement Number 03-5106 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 22nd day of April
ATTEST ~ a.L~r
Gail A Kundinger, City Clerk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
Apri 1 22 , 2003. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSIJ GON _
By ~ Q. ~.1,..-.r-v
Gail A. Kundinger, Clerk
STP DIR
Project STP 0361(014)
Job Number 56365
Control Section STUL 61407
Fed Item# HH 3504
Contract No. 03-5106
PART!
THIS CONTRACT, consisting of PART I and PART II (Standard Agreement Provisions),
ismadeandenteredintothisdateof ll/iAY O7 2003 ,byandbetweentheMICHlGAN
DEPARTMENT OF TRANSPORTATION, hereinafter refe1Ted 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"!", dated March 31, 2003, attached
hereto and made a part hereof:
Hot mix asphalt paving work along Creston Street from Evanston Avenue to
Highway M-46 (Apple Avenue); including pavement removal, drainage structure
adjustment, grading, concrete base, and curb and gutter work; 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 refers to the United States
Department of Transportation, Federal Highway Administration; and
WHEREAS, the PROJECT, or portions of the PROJECT at the request 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:
SURF ACE TRANSPORTATION PROGRAM
WHEREAS, the parties 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.
09/06/90 STP.FOR 3/31/03 1
NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the
parties and in conformity with applicable law, it is agreed: ·
1. 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 of the 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 timing sequences
for trunkline signals that, if any, are being made part of the improvement. No timing adjustments
shall be made by the REQUESTING PARTY at any trunkline intersection, without prior issuances
by the DEPARTMENT of Standard Traffic Signal Timing Permits.
09/06/90 SIP.FOR 3/31/03 2
5. The PROJECT COST shall be met in part by contributions by the Fe-deral
Government. Under the terms of this contract, Federal Surface Transportation Funds shall be
applied to the eligible items of the PROJECT COST at the established Federal participation ratio
equal to 81.85 percent up to an amount not to exceed $360,000. The balance 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.
Any items of PROJECT COST not reimbursed by Federal Funds shall 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 ofreceipt 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, the provisions of PART I
shall prevail.
7. Upon completion ofconstruction of the PROJECT, the REQUESTING PARTY will
promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to
prohibit parking in the roadway right-of-way throughout the limits of the PROJECT.
8. The performance of the e~tire PROJECT under this cn~.tr~r• wJ.,~•1-,er 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
13A.20101(1)(1); 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.
09/06/90 STP.FOR 4/1/03 3
The REQUESTING PARTY also certifies that, in addition to repo11ing 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 hazardous 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
Depai1ment 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 re mediating 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
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.
12. The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration
pursuant to Title 23 of the United States Code.
Any and all approvals of, reviews of, and recommendations regarding contracts, agreements,
permits, plans, specifications, or documents, of any nature, or any inspections of work by the
DEPARTMENT or its agents pursuant to the terms of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such
approvals, reviews, inspections and recommendations by the DEPARTMENT or its agents shall not
relieve the REQUESTING PARTY and the local agencies, as applicable, of their ultimate control
and shall not be construed as a warranty of their propriety or that the DEPARTMENT or its agents
is assuming any liability, control or jurisdiction.
09/06/90 STP.FOR 3/31/03 4
The providing of recommendations or advice by the DEPARTMENT or its agents does not
relieve the REQUESTING PARTY and the local agencies, as applicable of their exclusive
jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3. 996( 102).
When providing approvals, reviews and recommendati_ons under this contract, the
DEPARTMENT or its agents is performing a governmental function, as that term is defined in MCL
691.1401; MSA 3.996(10 I), which is incidental to the completion of the PROJECT.
13. The DEPARTMENT, by executing this contract, and rendering services pursuant to
this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT
for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the
purposes ofMCL 691.1402; MSA 3. 996(102) rest with the REQUESTING PARTY and other local
agencies having respective jurisdiction.
14. The REQUESTING PARTY shall approve all of the plans and specifications to be
used on the PROJECT and shall be deemed to have approved all changes to the plans and
specifications when put into effect. It is agreed that ultimate responsibility and control over the
PROJECT rests with the REQUESTING PARTY and local agencies, as applicable.
15. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with this
contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made
itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting
of costs incurred under the terms of this contract.
16. The parties shall promptly provide comprehensive assistance and cooperation in
defending and resolving any claims brought against the DEPARTMENT by the contractor, vendors
... ., .,. -"" 0
,,. ·-·t-1·••'-'•- 0 -,, r ... ---- r.--•0 the DEPARTMENT'S .... ,u. r·'.... '-·
0 ,·· 1 •
•"C ,.. __ .... ~-- 0 ·•· 0 ,,c •'-
0
··--·--·--·•'0-- .,··-·-oct
•··· ------····-···-·- ~
•--••· ~or the
J..
PROJECT. Costs incurred by the DEPARTMENT in defending or resolving such claims shall be
considered PROJECT COSTS.
17. The DEPARTMENT shall require the contractor who is awarded the contract for the
construction of the PROJECT to provide insurance in the amounts specified and in accordance with
the DEPARTMENT'S current standard specifications for construction, and to:
A. Maintain bodily injury and property damage insurance for the duration of the
PROJECT.
B.
Provide owner's protective liability insurance naming as insureds the State of
Michigan, the Michigan State Transportation Commission, the
DEPARTMENT and its officials, agents and employees, the REQUESTING
PARTY and any other party with jurisdiction for the roadway being
constructed as the PROJECT, and their employees, for the duration of the
PROJECT and to provide copies of certificates of insurance to the insureds.
09/06/90 STP.FOR 3/31/03 5
It is understood that the DEPARTMENT does not assume jurisdiction of the
highway described as the PROJECT as a result of being named as an insured
on the owners protective liability insurance policy.
C. Comply with the requirements of notice of cancellation and reduction of
insurance set forth in the current standard specifications for construction and
to provide copies of notices and reports prepared to those insured.
09/06/90 STP.FOR 3/31/03 6
18. This contract shall become binding on the parties hereto and of full force and effect
upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption
of the necessary resolutions approving said contract and authorizing the signatures thereto of the
respective officials of the REQUESTING PARTY, a certified copy of.which resolution shall be
attached to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY OF MUSKEGON MICHIGAN DEPARTMENT
OF..'..l'µ,A SPORTATION
09/06/90 STP.FOR 3/31/03 7
March 31, ioo3
EXHIBIT I
PROJECT STP 0361(014)
JOB NUMBER 56365
CONTROL SECTION STUL 61407
ESTIMATED COST
CONTRACTED WORK
Estimated Cost $292,400
COST PARTICIPATION
GRAND TOT AL ESTIMATED COST $292,400
Less Federal Funds* $239.300
BALANCE (REQUESTING PARTY'S SHARE) $ 53,100
*Federal Funds shall be applied to the eligible items of the PROJECT COST at a participation ratio
equal to 81.85 percent up to an amount not to exceed $360,000.
NO DEPOSIT
09/06/90 SIP.FOR 3/31/03 8
DOT TYPEB
BUREAU OF HIGHWAYS
03-15-93
PART II
STAND ARD 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
I
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 of Federal Regulations
(CFR), and all supplements and amendments thereto.
1. Engineering
a. FAPG (6012.1): Preliminary Engineering
b. FAPG (23 CFR 172): Administration of Engineering and Design Related
Service Contracts
c. FAPG (23 CFR 635A): Contract Procedures
d. FAPO (49 CFR 18.22): Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
2. Construction
a. FAPO (23 CFR l 40E): Administrative Settlement Costs-Contract Claims
b. FAPO (23 CFR 140B): Construction Engineering Costs
C. FAPO (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 635B): Force Account Construction
f. FAPO (23 CFR 645A): Utility Relocations, Adjustments and Reimbursement
g. FAPG (23 CFR 645B): Accommodation of Utilities (PPM 30-4.1)
03-15-93 2
h. FAPG (23 CFR 655F): Traffic Control Devices on Federal-Aid ancf other
Streets and Highways
1. FAPG (49 CFR 18.22):Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments-Allowable Costs
Modification Or Construction Of Railroad Facilities
a. FAPG (23 CFR 1401): 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 114 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 unaer 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 FHW A.
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
FHWA 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, firm.
person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT
expense, such subcontracted arrangements will be covered by formal v,yitten 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. 0MB
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 FHW A prior to execution thereof, except for agreements for amounts less
than $25,000 for preliminary engineering and testing services executed under and in accor-
dance 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 inno 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 FHW A, 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 exp-enses
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 I 8.425(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:
I. 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 ofan 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 may
supply appropriate excerpts and make alternate arrangements to conveniently and
03-15-93 7
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. Jfthe 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 DEPARTMENT 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
PA 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 ot 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 (0MB) Circular A-133, as revised or
amended.
03-15-93 8
The agency shall submit two copies of:
The Reporting Package
The Data Collection Fonn
The management letter to the agency, if one issued by the audit finn
The 0MB Circular A-133 audit must be submitted to the address below m
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 offederal funds spent, the name(s) of
the Department federal programs, and the CFDA grant number(s). This infonnation
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 0MB Circular A-133 requirements.
f. All agencies are subject to the federally required monitoring activities, which may
mc,uuc 1m1ited 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 tenns 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 $ I ,000.00 shall be submitted unless it is a final or end of fiscal year
billing. All billings shall be labeled either "Progress Bill Number _ _ _ ", or
"Final Billing".
03-15-93 9
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 fr·: 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 ofreceipt 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. andfor 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 DEPARTMENT procedures 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 at:,.,orized 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 11
4. The DEPARTMENT shall maintain and keep accurate records and accounts reiative
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 (I 00%) 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 of Uniform 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 FHW A, 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 shall 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 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 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 (10th) 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
DEP ARTMENT;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 I 971, I 975a-l 975d, 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 DISCRIMINATION IN STA TE 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
Ln" ~..,_;~,Hs L·ucnmbsion, 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 of Michigan, 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 ofan 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 (l) 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, Title 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 shail 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 i's 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
ofUS 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.
:J._.o oc7:> ~s- W\)
Commission Meeting Date: April 22, 2003
Date: April 15, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department cf>0
RE: Set Public Hearing for Amendment to Brownfield
Plan- Verplank Dock Co.
SUMMARY OF REQUEST: To approve the attached resolution setting a
public hearing for an amendment for the Brownfield Plan. The
amendment is for the inclusion of property owned by Verplank Dock Co.,
located at 205 E. Western Avenue, in the Brownfield Plan.
FINANCIAL IMPACT: There is no direct financial impact in setting the
public hearing, although the expansion of the current Verplank Dock Co.
to the new site will add to the tax base of the City of Muskegon.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and
authorize the Mayor and Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The Brownfield Redevelopment
Authority met on April 15, 2003 and approved the Brownfield Plan
Amendment and recommends the approval of the Brownfield Plan
Amendment to the Muskegon City Commission. In addition, the
Brownfield Redevelopment Authority recommends that the Muskegon
City Commission set a public hearing on the Plan Amendment for May
27, 2003.
RESOLUTION NOTIFYING TAXING UNITS
AND CALLING PUBLIC HEARING REGARDING
APPROVAL OF AN AMENDMENT TO THE BROWNFIELD PLAN OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
City of Muskegon
County of Muskegon, Michigan
2003- 35 (m)
Minutes of a Regular Meeting of the City Commission of the City of
Muskegon, County of Muskegon, Michigan (the "City"), held in the City Commission
Chambers, on the 22nd day of April, 2003, at 5:30 o'clock p.m., prevailing Eastern
Time.
PRESENT:
Members Mayor Stephen Warmington, Vice Mayor Karen Buie, Commissioners;
Stephen Gawron, Bill Larson, Clara Shepherd, Robert Schweifler, Lawrence Spataro
ABSENT: Members
None
The following preamble and resolution were offered by Member
Vice Mayor Buie and supported by Member commissioner Spataro
WHEREAS, the City of Muskegon, County of Muskegon, Michigan (the
"City") is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as
amended ("Act 381"), to create a brownfield redevelopment authority; and
WHEREAS, pursuant to Act 381, the City Commission of the City duly
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority"); and
WHEREAS, in accordance with the provisions of Act 381, the Authority has
prepared and approved a Brownfield Plan Amendment; and
WHEREAS, the Authority has forwarded the Brownfield Plan Amendment to
the City Commission requesting its approval of the Brownfield Plan Amendment;
and
WHEREAS, prior to approval of the Brownfield Plan Amendment, the
Muskegon City Commission desires to hold a public hearing in connection with
consideration of the Brownfield Plan Amendment as required by Act 381; and
WHEREAS, prior to approval of the Brownfield Plan Amendment, the City
Commission is required to provide notice and a reasonable opportunity to the taxing
jurisdictions levying taxes subject to capture to express their views and
recommendations regarding the Brownfield Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby acknowledges receipt of the Brownfield
Plan Amendment from the Authority and directs the City Clerk to send a copy of the
proposed Brownfield Plan Amendment to the governing body of each taxing
jurisdiction in the City, notifying them of the City Commission's intention to consider
approval of the Brownfield Plan Amendment [after the public hearing described
below].
2. A public hearing is hereby called on the 27th day of May, 2003 at
5:30 p.m., prevailing Eastern Time, in the City Hall to consider adoption by the City
Commission of a resolution approving the Brownfield Plan Amendment.
3. The City Clerk shall cause notice of said public hearing to be
published in the Muskegon Chronicle, a newspaper of general circulation in the
City, twice before the public hearing. The first publication of the notice shall be not
less than 20 days or more than 40 days before the date set for the public hearing.
The notice shall be published as a display advertisement prominent in size.
4. The notice of the hearing shall be in substantially the following form:
CITY OF MUSKEGON
COUNTY OF MUSKEGON, STATE OF MICHIGAN
PUBLIC HEARING ON A BROWNFIELD PLAN AMENDMENT OF THE
CITY OF MUSKEGON BROWNFIELD REDEVELOPMENT AUTHORITY
TO ALL INTERESTED PERSONS IN THE CITY OF MUSKEGON:
PLEASE TAKE NOTICE that the Muskegon City Commission of the City of
Muskegon, Michigan, will hold a public hearing on Tuesday, the 27th day of May,
2003, at 5:30 p.m., prevailing Eastern Time in the City Hall located at 933 Terrace
Street, Muskegon, Michigan, to consider the adoption of a resolution approving a
Brownfield Plan Amendment for the City of Muskegon Brownfield Redevelopment
Authority pursuant to Act 381 of the Public Acts of Michigan of 1996, as amended.
The property to which the proposed Brownfield Plan Amendment applies is:
205 E. Western Avenue
(Former Consumer's Energy Fly Ash Disposal Facility)
Muskegon, Michigan
Copies of the proposed Brownfield Plan Amendment are on file at the office of the
City Clerk for inspection during regular business hours.
At the public hearing, all interested persons desiring to address the City
Commission shall be afforded an opportunity to be heard in regard to the approval
of the Brownfield Plan Amendment for the City of Muskegon Brownfield
Redevelopment Authority. All aspects of the Brownfield Plan Amendment will be
open for discussion at the public hearing.
5. All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
AYES: Members
Commissioners; Spataro, Gawron, Larson, Schweifler, Shepherd, Mayor Warmington
Vice Mayor Buie
NAYS: Members
None
RESOLUTION DECLARED ADOPTED.
~ o.LJ.,.,~<A,~-
City Clerk 0
FURTHER INFORMATION may be obtained from the City Clerk.
This notice is given by order of the City Commission of the City of
Muskegon, Michigan.
th;L
City Clerk
o.LcL,,_r;_,
I hereby certify that the foregoing is a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
State of Michigan, at a regular meeting held on April 22, 20011nd that said
meeting was conducted and public notice of said meeting was given pursuant to
and in full compliance with the Open Meetings Act, being Act 267, Public Acts of
Michigan, 1976, as amended, and that the minutes of said meeting were kept and
will be or have been made available as required by said Act.
~a-4
City Clerk
- - - - - --- - ~ - - - - - - - - -
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CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN AMENDMENT
Original Plan Approved by the Board of the City of Muskegon Brownfield
Redevelopment Authority on February 23, 1998.
Original Plan Approved by the City Commission of the City of Muskegon on
April 14, 1998.
Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on August 10, 1998
Amended by the City Commission of the City of Muskegon on August 11, 1998
Amended by the Board of the City of Muskegon Brownfield Redevelopment
Authority on April 15. 2003
Amended by the City Commission of the City of Muskegon on
_ May 27, -t•Q3
City of Muskegon Brownfield Plan Amendment
April 2003
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITY
BROWNFIELD PLAN
INDEX
I. INTRODUCTION
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan
B. Maximum Amount of Indebtedness
C. Duration of the Brownfield Plan
D. Displacement/Relocation of Individuals on
Eligible Properties
E. Local Site Remediation Revolving Fund
Ill. SITE SPECIFIC PROVISIONS
A. Kirksey/Anaconda Property (Approved 4/14/98)
B. Dilesco Corporation Property (Approved 8/11 /98)
C. Verplank Dock Company (Approved _ _ _ ___,
City of Muskegon Brownfield Plan Amendment
April 2003
I. INTRODUCTION
In order to promote the revitalization of commercial, industrial, and residential
properties within the boundaries of the City of Muskegon (the "City"), the City
established the City of Muskegon Brownfield Redevelopment Authority (the
"Authority") pursuant to Act 381, Public Acts of Michigan, as amended ("Act
381"), and a resolution adopted by the Muskegon City Commission on February
10, 1998.
The major purpose of this Brownfield Plan ("Plan") is to promote the
redevelopment of eligible properties within the City that are impacted by the
presence of hazardous substances in concentrations that exceed Michigan's
Part 201 Generic Cleanup Criteria Criteria ("facilities') or that have been
determined to be Functionally Obsolete or Blighted. Inclusion of property within
this Plan can facilitate financing of environmental response activities,
infrastructure improvements, demolition, lead or asbestos abatement, and site
preparation activities at eligible properties; and may also provide tax incentives
to eligible taxpayers willing to invest in revitalization of eligible properties. By
facilitating redevelopment of underutilized eligible properties, the Plan is intended
to promote economic growth fro the benefit of the residents of the City and all
taxing units located within and benefited by the Authority.
This plan is intended to be a living document, which can be amended as
necessary to achieve the purposes of Act 381. It is specifically anticipated that
properties will be continually added to the Plan as new projects are identified.
The Plan contains general provisions applicable to each site included in the
Plan, as well as property-specific information for each project. The applicable
Sections of Act 381 are noted throughout the Plan for reference purposes.
This Brownfield Plan contains the information required by Section 13(1) of Act
381, as amended. Additional information is available from the City Manager.
City of Muskegon Brownfield Plan Amendment
April 2003
II. GENERAL PROVISIONS
A. Costs of the Brownfield Plan (Section 13(1 )(a))
Any site-specific costs of implementing this Plan are described in the site-
specific section of the Plan. Site-specific sources of funding may include tax
increment financing revenue generated from new development on eligible
brownfield properties, state and federal grant or loan funds, and/or private
parties. Where private parties finance the costs of eligible activities under the
Plan, tax increment revenues may be used to reimburse the private parties. The
initial costs related to preparation of the Brownfield Plan were funded by the
City's general fund. Subsequent amendments to the Plan are funded by the
person requesting inclusion of a project in the Plan.
The Authority intends to pay for administrative costs and all of the things
necessary or convenient to achieve the objectives and purposes of the Authority
including, but not limited to:
i) the cost of financial tracking and auditing the funds of the Authority,
ii) costs for amending and/or updating this Plan, including legal fees, and
iii) costs for Plan implementation
with any eligible tax increment revenues collected pursuant to the Plan.
However, at this time, there are no properties included in this plan that will utilize
tax increment financing and therefore there are currently no tax increment
revenues to pay for these costs. As noted above, most costs related to the
preparation of Plan amendments are borne by the person requesting inclusion of
a project within the Plan.
B. Method for Financing Costs of Plan (Section 13(1)(d) and (e)))
The Authority does not intend at this time to incur debt, such as through the
issuance of bonds or other financing mechanisms. In the future, the City or
Brownfield Authority may incur some debt on a site-specific basis. Please refer
to the site-specific section of this Plan for details on any debt to be incurred by
the City or Authority. When a property proposed for inclusion in the Plan is in an
area where tax increment financing is a viable option, the Authority intends to
enter into Development Agreements with the property owners/developers of a
properties included in the Plan to reimburse them for the costs of eligible
activities undertaken pursuant to this Plan. Financing arrangements will be
specified in the Development Agreement, and also identified in the Site Specific
section of the Plan.
City of Muskegon Brownfield Plan Amendment
April 2003
C. Duration of the Brownfield Plan (Section 13(1 )(f))
The Plan, as it applies to a specific eligible property, shall be effective up
to five (5) years after the year in which the total amount of any tax increment
revenue captured is equal to the total costs of eligible activities attributable to the
specific eligible properly, or thirty (30) years from the date of approval of the Plan
as it relates to an individual site, whichever is less. The total costs of eligible
activities include the cost of principal and interest on any note or obligation
issued by the Authority to pay for the costs of eligible activities, the reasonable
costs of a work plan or remedial action plan, the actual costs of the Michigan
Department of Environmental Quality's or Michigan Economic Growth Authority's
review of the work plan or remedial action plan, and implementation of the
eligible activities.
D. Displacement/Relocation of Individuals on Eligible Properties
(Section 13(1)i, j,k,/))
At this time, eligible properties identified in this Plan do not contain
residences, nor are there any current plans or intentions by the City for
identifying eligible properties that will require the relocation of residences.
Therefore the provisions of Section 13(1)(i-l) are not applicable at this time.
E. local Site Remediation Revolving Fund (Section 8; Section 13(1 )(m))
At the time this Plan includes a property for which taxes will be captured
through the increment financing authority provided by Act 381, it is the
Authority's intent to establish a local Site Remediation Revolving Fund ("Fund").
The Fund will consist of tax increment revenues that exceed the costs of eligible
activities incurred on an eligible property, as specified in Section 13(5) of Act
381. Section 13(5) authorizes the capture of tax increment revenue from an
eligible property for up to 5 years after the time that capture is required for the
purposes of paying the costs of eligible activities identified in the Plan. It is the
intention of the Authority to continue to capture tax increment revenues for 5
years after eligible activities are funded from those properties identified for tax
capture in the Plan. The amount of school operating taxes captured for the
Revolving Fund will be limited to the amount of school operating taxes captured
for eligible activities under this Plan. It may also include funds appropriated or
otherwise made available from public or private sources.
The Revolving Fund may be used to reimburse the Authority, the City, and
private parties for the costs of eligible activities at eligible properties and other
costs as permitted by Act 381. It may also be used for eligible activities on
eligible properties for which there is no ability to capture tax increment revenues.
The establishment of this Revolving Fund will provide additional flexibility to the
City of Muskegon Brownfield Plan Amendment
April 2003
Authority in facilitating redevelopment of brownfield properties by providing
another source of financing for necessary eligible activities.
City of Muskegon Brownfield Plan Amendment
April 2003
Ill. SITE SPECIFIC PROVISIONS
C. Verplank Dock Company
Eligibility and Project Summary (Sec. 13(1 )(h)
Verplank Dock Company is located at 205 E. Western Avenue, Muskegon,
Michigan ("Verplank Property"). A Legal Description and map of the Verplank
Property is included in Attachment C-1. The Verplank Dock Company recently
acquired this 53-acre property, which was formerly used by Consumers Energy
as a fly ash disposal site. A Baseline Environmental Assessment, conducted
pursuant to Part 201 of Michigan's Natural Resources and Environmental
Protection Act, was completed for the property on December 8, 1999. The BEA
and an accompanying Section 7a (Due Care) Compliance Analysis was affirmed
by the Michigan Department of Environmental Quality on January 3, 2000.
The BEA concludes that the property is a "facility" pursuant to Part 201, and is
therefore an eligible property pursuant to Act 381. This eligible property includes
all personal property.
Verplank Dock Company intends to construct a commercial ship canal and
loading dock for the delivery and storage of aggregate. The canal will be
approximately 30 feet deep and material excavated from the canal will be placed
on-site to raise and even elevation. The fly ash from the surface of the
excavation will be capped by clean soils as well as by six inches of aggregate.
Verplank Dock also plans to construct an office and scale on the northwest
portion of the property.
Current plans are to initiate pre-construction activities upon approval of this Plan,
with completion in approximately 2 years. Verplank Dock Company has
represented that the estimated total capital investment for the project is $6
million. Two jobs are likely to be transferred to the new dock and an estimated
two new jobs created.
Eligible Activities, Financing, Cost of Plan (Sec. 31(1)(a),(b),(c),(d),(g))
Eligible activities that have been conducted on the property include preparation
of a Baseline Environmental Assessment and Section 7a (Due Care)
Compliance Analysis. Future eligible activities would likely be related to Due
Care response activities. The property owner is funding these costs, therefore
there are no eligible costs being financed with tax increment revenues. As such,
City of Muskegon Brownfield Plan Amendment
April 2003
there are no costs to the City of Muskegon or its taxing jurisdictions as a result of
the Verplank property being included in this Plan.
Single Business Tax Credit
The Verplank Property is included in the Plan to enable "qualified taxpayers" as
defined by Act 228 of 1975, as amended, to avail themselves of eligibility for a
credit against their Michigan single business tax liability for "eligible investments"
as defined by P.A. 228. "Eligible investments" include demolition, construction,
restoration, alteration, renovation, or improvement of buildings or site
improvements on eligible property and the addition of machinery, equipment, and
fixtures to eligible property after the effective date of this Plan Amendment.
Effective Date of Inclusion in Brownfield Plan
The Verplank Property was added to this Plan on _ _ _ _ _2003.
City of Muskegon Brownfield Plan Amendment
April 2003
ATTACHMENT C-1
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City of Muskegon
Brownfield Redevelopment Authority
County of Muskegon, State of Michigan
RESOLUTION APPROVING BROWNFIELD PLAN AMENDMENT
Minutes of a regular meeting of the Board of the City of Muskegon Brownfield
Redevelopment Authority, County of Muskegon, State of Michigan, held in the City Hall
Conference Room 103 on the 15th day of April, 2003, at 4 o'clock p.m., prevailing Eastern Time.
PRESENT: Members: B. Mazade, C. Sawyer, K. Cierpial, R. Taylor, B. Bifoss, M. Plichta, M.
Bottomley.
ABSENT: Members: E. Fethke, K. Jackson, W. Stone, L. Wood.
The following preamble and resolution were offered by Member R. Taylor and supported
by Member C. Sawyer:
WHEREAS, a Brownfield Plan has been adopted pursuant to Act 381, Public Acts of
Michigan, 1996, as amended ("Act 381"), a copy of which is on file with the Secretary of the City
of Muskegon Brownfield Redevelopment Authority (the "Authority"); and
WHEREAS, the Authority is authorized to approve an amendment to the Brownfield Plan
and recommends the amendment that adds the Verplank property to the Plan for approval to
the City of Muskegon, County of Muskegon, State of Michigan (the "City").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Approval of Brownfield Plan. The Board hereby adopts and approves the
Brownfield Plan Amendment and recommends the approval of the
Brownfield Plan Amendment by the Muskegon City Commission.
2. Public Hearing. The Board hereby requests the Muskegon City
Commission to provide a notice of Public Hearing on the proposed
Brownfield Plan Amendment, and further requests that such hearing
notice be provided to all taxing jurisdictions. Notice of the time and place
of the hearing shall be given by publication twice, the first of which shall
be not less than 20 or more than 40 days before the date set for the
hearing.
3. Deliver Resolution and Brownfield Plan to City. The Secretary of the Authority is
directed to deliver a certified copy of this resolution and the Brownfield Plan Amendment
to the City Clerk.
4. Disclaimer. By adoption of this resolution and approval of the Brownfield Plan
Amendment, the Authority assumes no obligation or liability to the owner, developer or
lessor of the Eligible Property for any loss or damage that may result to such persons
from the adoption of this resolution and Brownfield Plan Amendment. The Authority
makes no guarantees or representations as to the determinations of the appropriate
state officials regarding the ability of the owner, developer or lessor to qualify for a single
business tax credit pursuant to Act 228, Public Acts of Michigan, 1975, as amended, or
as to the ability of the Authority to capture tax increment revenues from the State and
local school district taxes for the Brownfield Plan, if applicable.
5. Repealer. All resolutions and parts of resolution in conflict with the provisions of
this resolution are hereby repealed or amended to the extent of such conflict.
AYES: B. Mazade, C. Sawyer, K. Cierpial, R. Taylor, B. Bifoss, M. Plichta, M. Bottomley.
NAYS: None.
-2-
RESOLUTION DECLARED ADOPTED.
Secretary
-3-
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the Board of the City of Muskegon Brownfield Redevelopment Authority, County of Muskegon,
State of Michigan, at a regular meeting held on April 15, 2003, and that said meeting was
conducted and public notice of said meeting was given pursuant to and in full compliance with
the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of
said meeting were kept and will be or have been made available as required by said Act.
Secretary
-4-
Date: April22,2003
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Appointment to Various Boards and Committees
SUMMARY OF REQUEST: To appoint Lynn Spearing to the Equal
Opportunity Committee.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
COMMITTEE RECOMMENDATION: Community Relations Committee
recommended approval
Date: April22,2003
To: Honorable Mayor and City Commission
From: Community Relations Committee
City Clerk Gail Kundinger
RE: Appointments to various boards/committees.
SUMMARY OF REQUEST: To appoint Julie Waltz to the LRC replacing
Tommie Watson who has moved from the city. Also, to appoint Paul
Veltkamp to the ODA replacing William Stone.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION:. To make the appointments.
COMMITTEE RECOMMENDATION: The Community Relations
Committee recommended the appointments.
2oo3 -3 <,, ~)
Commission Meeting Date: April 22, 2003
Date: April15,2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department <1_,f;l--,,
RE: Comprehensive Economic Development Strategy
Project List and Resolution
SUMMARY OF REQUEST: To approve the attached project list and
resolution requesting participation and project inclusion in the Regional
Comprehensive Economic Development Strategy (CEDS).
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve resolution.
COMMITTEE RECOMMENDATION: Planning Commission has
approved the attached list of projects.
Resolution No. 2003-36 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION REQUESTING PARTICIPATION AND PROJECT INCLUSION
IN REGIONAL COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
WHEREAS, the City of Muskegon currently and actively participates in the economic
development activities of the West Michigan Shoreline Regional Development
Commission (WMSRDC);
WHEREAS, the City of Muskegon has identified a number of economic development
projects that will improve our community;
NOW THEREFORE, BE IT RESOLVED that the City of Muskegon requests that our
economic development projects be included in the 2003 Comprehensive
Economic Development Strategy (CEDS) Annual Report of the WMSRDC; and
that iit is our intention to utilize this CEDS to fulfill the planning requirements of
the U. S. Department of Commerce-Economic Development Administration.
Adopted this 22nd Day of April 2003
Ayes: 7
Nays: o
Absent: o
BY:
ATTEST:
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on April 22, 2003. ~
L ~ -
Gail Kundinger, Clerk
Memorandum
To: Mayor & City Commission
From: Joel Fitzpatrick, Business Development Specialist
Date: 04/15/03
Re: 2003 Comprehensive Economic Development Strategy (CEDS) Project
Submissions - City of Muskegon
Please find the enclosed copies of the City of Muskegon projects proposed for inclusion in
the 2003 Comprehensive Economic Development Strategy for the West Michigan Shoreline
Regional Development Commission (WMSRDC). The CEDS process is required by the
U.S. Economic Development Administration as a way of identifying projects that may
receive funding through the EDA. Projects that are not included in the CEDS will not be
considered for Federal funding.
Each year the City is requested to provide a list of projects that require federal assistance.
By placing these projects on the funding list, the City ensures that the projects are, at a
minimum, considered for funding. It is important to note that the CEDS process is not an
application for funds, bnt rather a process of getting our projects on-line for future funding.
All of the projects submitted are repeat submissions and there have been no significant
changes in the projects.
The process for including City projects in the CEDS is as follows:
I. Identification of projects.
2. Planning Commission review of projects.
3. Plam1ing Commission recommendation to City C01mnission for project to be
included in the CEDS.
4. City Commission approval of resolution submitting projects for the CEDS.
5. Submission of projects and resolution to the West Michigan Shoreline Regional
Development Commission.
2003 CEDS Project List
Medendorp Industrial Center Expansion
Medendorp Industrial Center Rail Spur
Downtown Muskegon/Lakefront Development
Port City Industrial Park Expansion
Farmers Seafood Market
Relocation of Michigan Steel
2003 CEDS PROJECT SUBMITTAL FORM
Medendorp Industrial
Applicant Name: City of Muskegon Project Name: Center Expansion
Contact Person: _ _,,.,_Jo'-'-"e..._J-"F-'i_.t~z"--lp-"a"-t........_r...,i.,.ccnk~--- Phone: 231 7 24 6702
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: ~s'-"e'-"e'----'a"-'t"'-t""a=c,.,h"'e"'d,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Estimated Project Start Date: -~2~0~0~4,___ _ _ _ __ 0 New Project lil Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide rhe required site
location map wilh Ihis form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
0 New Submission l&l Repeat Submission (20__J ;/;3 Yes O No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 2 DOD ODD j j
0:Secured 0 Lacking
State: Potential Job Creation (estimated)
-----------------
1 00+ 0 NA
Not Applicable
Other: Potential Job Retention (estimated)
-----------------
100+ 0 NA
TOTAL: --~$.,_2--s'""o~o.,_,_,.0=0=0,___ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
lia Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
0 Lacking O NA document?
Not Applicable ~ Yes (identify) 0 No
Master Plan, CEDS, LDFA Plan, CIP
Do not write below this line,
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
PROJECT DESCRIPTION
Medendorp Industrial Center - Property Acquisition & Site Preparation
A. Background - The Medendorp Industrial Center is one of the fastest growing
industrial districts in Muskegon County. During 1997, the City of Muskegon sold its
last three industrial lots in the Center. Given the present economic climate, it is vital
for the City of Muskegon to make ready additional industrial property. The current
inventory of industrial property in the City of Muskegon is near exhaustion.
B. Project Scope - The acquisition and development of the project area specified within
the Medendorp Industrial Center is a priority for the City has there is a definite need
for ready-to-develop industrial land. The total project area is 45 acres. The industrial
lots within the project area will range between 2-8 acres, thus creating greater
diversity of industrial lots.
C. Project Cost & Timing - To complete the property acquisition and site preparation,
the estimated cost is $2.5 million. This amount includes acquisition and demolition
of 24 houses, relocation and extension of utilities to the area for industrial use. Also
included is the cost of paving Madison, Nims, and Brunswick Streets. If funded the
project could start in 2004.
D. Funding Sources - Local match would be available from city water and sewer funds,
Major Street funds, private contributions, and State funds.
E. Project Beneficiaries - The City of Muskegon, as a whole, will benefit from an
increase in industrial land. If industries in Muskegon are to be encouraged to expand,
and new industries are to locate in the City, additional industrial property is a must.
With the acquisition of the property within the Medendorp Industrial Center, new
industries will increase the tax and employment base while clearing blighted
properties.
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2003 CEDS PROJECT SUBMITTAL FORM
Medendorp Industrial
Applicant Name: City of Muskegon ProjectName: Center Rail Spur
Contact Person: Joel Fitzpatrick Phone: 2 31 7 2 4 6 70 2
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: __s=e-=ec_::a:.:t=--t=a=-c=h-=e-=d'---------------------------
Estimated Project Start Date: . ,2"-'0"-0"----'-4_ _ _ _ _ _ __ Iii New Project D Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
0 New Submission i6I Repeat Submission (20_J 0 Yes O No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 500 ooo ~ Secured 0 Lacking
'
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Potential Job Creation (estimated)
1 00+ 0 NA
Local: _____.2..;5"-'o.,_,_,,.,
o,.,o,.,o_ _ _ _ _ _ _ __ Not Applicable
Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Potential Job Retention ( estimated)
10-99 0 NA
TOTAL: --~$w7.-'J5C>J0c.,.,..u0cu0cu0c____ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
0 Complete D In Progress Plan, TIFA Plan, Financing Plan, or similar
xil Lacking O NA document?
Not Applicable ~ Yes (identify) 0 No
CEDS, LDFA Plan
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(23 I) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhri@wmsrdc.org
PROJECT DESCRIPTION
Medendorp Industrial Center - Rail Spur
A. Background - Several resident industries of the Medendorp Industrial Center have
expressed an interest in utilizing rail services. As pmi of the Center's development
plan, a rail spur would expand the level of services available to both existing and
future industries.
B. Project Scope - To construct industrial grade rail service from the CSX line within the
Medendorp Industrial Center. A Master Development Plan exists for the Center.
C. Project Cost & Timing - Construction and related costs are estimated to be $750,000.
If funded, the project could begin as early as 2004.
D. Funding Sources - If funding were approved, local match would be provided by the
LDFA, the City, or private sources.
E. Project Beneficiaries - The project will benefit resident industries and retain
approximately I 50 jobs and help attract new industries to the Center.
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2003 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon ProjectName: Downtown Muskegon Lakefront
Development
Contact Person: Joel Fitzpatrick Phone: 2 3 1 7 24 6 7 O2
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: _ _.§sge:.e___.aJ;..l;_;;l..G.b._ed.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Estimated Project Start Date: -=2"-0"-0=4_ _ _ _ _ _ __ JQl New Project 0 Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding flrm(s))
0 New Submission il Repeat Submission (20__) 0 Yes IZl No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 1 600 000 15:() Secured 0 Lacking
State: Potential Job Creation (estimated)
-----------------
100+ 0 NA
Local: 400 000
------==~~------- Not Applicable
0th er: - - - - - - - - - - - - - - - - Potential Job Retention (estimated)
10-99 0 NA
TOTAL: ---~$"'2..,,,...,o~o=o"-+--,o.,_o,,_o~------ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
0 Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
:.0 Lacking ONA document?
Not Applicable Ga Yes (identify) 0 No
Master Plan, CEDS, DDA Plan
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
PROJECT DESCRIPTION
Downtown/Lakefront Redevelopment
A. Background - The City has established a goal to redevelop its Muskegon Lake
frontage. The City has a downtown/lakeshore Master Plan and a Waterfront
Development Plan to help meet this goal. Other projects funded to implement this
goal include: $1 million MDEQ Site Assessment Grant for determining the
marketability of contaminated sites along the lakefront; $3 million from the federal
and state government for the Enterprise Community; and $12,000,000 from MDOT
for the design of the completion of Shoreline Drive. Specific site development efforts
are hampered by the typical brownfield versus greenfield scenarios. Therefore, sites
for redevelopment must be prepared to a greater extent than in rural or suburban
areas.
B. Project Scope - Several sites contained within our MDEQ study area are targeted by
developers. These sites will require land assembly and infrastructure improvements
to make sites suitable for development upon completion of remediation of
environmental concerns. Infrastructure improvements will include the relocation of
existing and construction of new utilities and access drives.
C. Project Cost & Timing - Estimated costs are $2 million for land assembly and
infrastructure improvements. If funded, the project could begin as soon as 2002.
D. Funding Sources - If funding were approved, local match would be provided by the
City and/ or private sources.
E. Project Beneficiaries - The project will benefit the entire community but more
specifically downtown residents and property owners. It is estimated that as many as
300 employment opportunities could arise from this project.
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2003 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon ProjectName: Port City Industrial Park
Expansion
ContactPerson: Joel Fitzpatrick Phone: 231- 724-6702
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: _,.seaes.seL.<a._t'°-t""-"-a,,c1Jhcses.sd,___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Estimated Project Start Date: _,,2'-"0'-"0'--'4'----------- 0 New Project @ Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
0 New Submission @ Repeat Submission (20__) ~ Yes O No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: _ _ ___,_1_,_•.,_J,,.o,,o_,_•.,,o.,,ocs.O,___ _ _ _ _ __ ~ Secured 0 Lacking
State: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Potential Job Creation (estimated)
Local: _ _ _ _ __.2-3u.D,._,,...,o.,_,o.,_o.,________
• NA
Not Applicable
Other: Potential Job Retention (estimated)
-----------------
$1 330 =
TOTAL: -----'lc.i..,.,-.,.=+. aaa~ - - - - - - -
100+ • NA
Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
IZI Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
0 Lacking O NA document?
Not Applicable 0: Yes (identify) 0 No
Master Plan, LDFA, CEDS
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
PROJECT DESCRIPTION
Port City Industrial Park - Expansion
A. Background - The Port City Industrial Park was created in the 1960's and comprises
over 400 acres. Additional land became available for development with the extension
of Black Creek Drive. Developable industrial land within the park has been
exhausted and the need for additional industrial land within the City is very urgent.
B. Project Scope - The acquisition of a triangular piece of property south of the Sunrise
Memorial Gardens Cemetery, construction of utilities to the property, and the
extension ofindustrial Boulevard south to the property, which will provide an
additional 22 acres for industrial use.
C. Project Cost & Timing - Staff has estimated the project cost to be approximately
$1.33 million, whic.h includes roadway extension, water and sewer services, and
property acquisition. If funding is secured the project could begin as soon as 2004.
D. Funding Sources - If the City of Muskegon, were the recipient ofan EDA grant, local
match would be available from the Local Development Finance Authority, water and
sewer funds, and State funds.
E. Project Beneficiaries - By providing infrastructure to an unimproved area, new
development will occur that will add to the tax and employment base of the
community.
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2003 CEDS PROJECT SUBMITTAL FORM
Applicant Name: City of Muskegon ProjectName: Farmers/Seafood Market
Contact Person: Joel Fitzpatrick Phone: 231-724-6702
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: ---"s'--'e'--'e"-'a'"-t"'--"t_,,a"'c"'h'-'e'--'d"----------------------------
Estimated Project Start Date: ~2'--'0'-'0'-4,.__ _ _ _ _ __ Iii New Project 0 Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per category)
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
0 New Submission Gll Repeat Submission (20_) 0 Yes O No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 2,000.000 0 Secured :[) Lacking
State: Potential Job Creation ( estimated)
-----------------
1 0-99 0 NA
Lo caI: - - - ~ c
4 ,OQQ
, = OQO
=.-=-------- Not Applicable
Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Potential Job Retention (estimated)
1 - 9 0 NA
TOTAL: _ _..,$.,,,6_,_,.,,,o_,,_o.,,_o_,_._,,_o_,,_o_,,_o_ _ _ _ _ __ Not Applicable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
0 Complete O In Progress Plan, TIFA Plan, Financing Plan, or similar
IJl Lacking O NA document?
Not Applicable IKl Yes (identify) 0 No
Master Plan, CEDS
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
PROJECT DESCRIPTION
Farmer's/Seafood Market
A. Background - The idea of a downtown Farmer's/Seafood Market first surfaced during
the Master Plan process. The Muskegon Boilerworks and the Mart Dock have been
identified as the possible locations for the complex. The locations were chosen for
their proximity to the waterfront and the central business district.
B. Project Scope - This project will enhance the image of downtown and provide a new
outlet for fresh produce/seafood.
C. Project Cost & Timing - To complete the property acquisition and rehabilitation as
well as the installation of new utilities, the estimated cost is $6 million.
D. Funding Sources - If funding were approved, local match would be provided by the
City and/ or private sources.
E. Project Beneficiaries - The project will benefit the entire community but more
specifically downtown residents and property owners. Inner-city residents and
employees would greatly benefit from the availability of fresh produce. An activity
of this sort would also increase the amount of pedestrian activity in the downtown.
2003 CEDS PROJECT SUBMITTAL FORM
Relocation of West
Applicant Name: City of Muskegon Project Name: Michigan steel
Contact Person: Joel Fitzpatrick Phone: 231 - 724-6702
Note: Please use a separate page for each project submitted.
Location of Project: City of Muskegon County: Muskegon
Project Description: _.s,_,e.,e=-.Jaa.t.1e.;.t.9a""c"'hcsea..sd.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Estimated Project Start Date: ___,2,.,0,.,0!;;4.____ _ _ _ _ __ 0 New Project Iii Facility Expansion
(check one box)
Important: For Economic Development Infrastructure Construction Project, please remember to provide the required site
location map with this form.
(Check one box per categol)')
Project Type Letters of Commitment (from incoming and/or expanding firm(s))
D New Submission i]I Repeat Submission (20__) 0 Yes (] No O NA
Not Applicable
Project Costs: (estimated or actual) Matching Funds
Federal: 5. ooo .ooo 0 Secured rn Lacking
State: 5 000 000 Potential Job Creation (estimated)
10-99 0 NA
Local: 1 000 000 Not Applicable
Other: 4 000 000 Potential Job Retention (estimated)
100+ 0 NA
TOTAL: $1 5 000 000 Not ApIJ:licable
Preliminary Engineering Is your project in a Comprehensive Plan, Master
D Complete D In Progress Plan, TIFA Plan, Financing Plan, or similar
121 Lacking ONA document?
Not Applicable lD Yes (identify) 0 No
Master Plan, CEDS
Do not write below this line.
Creation/Cost Ratio: Distress Level: Category:
Retention/Cost Ratio: Low/Mod%: TOTAL POINTS:
Return this form to: 2003 CEDS Projects
West Michigan Shoreline Regional Development Commission
P.O. Box 387
Muskegon,MI 49443-0387
(231) 722-7878 ext. 18 Fax: (231) 722-9362
E-mail: ekuhn@wmsrdc.org
PROJECT DESCRIPTION
Michigan Steel Relocation
A. Background - Michigan Steel is one of the last industrial uses located on the
shoreline of Muskegon Lake. To completely redevelop the shoreline, Michigan Steel
should be relocated to a more proper location in one of the Industrial Centers in the
City of Muskegon.
B. Project Scope - The project scope would be first to locate a new site for the company,
followed by building a new facility and installing new utilities and infrastructure.
Secondly, the companies existing assets would need to be relocated to the new
facility. The existing facility would then require demolition and environmental
remediation to prepare it for new development. New commercial/development would
be more appropriate for a Iakeshore location.
C. Project Cost & Timing - Total estimated costs are $ I 5 million. This includes costs
for building a new facility or purchasing an existing facility, equipment moving costs,
environmental remediation, new infrastructure and utilities. If this project were to
receive funding, the project could begin in 2004.
D. Funding Sources - If funding were approved, local match would be provided from
State, City, and private sources.
E. Project Beneficiaries - The general public would benefit from the relocation of the
facility both economically and ecologically. The relocation would also benefit
Michigan Steel by placing them in a more proper location with better highway access.
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.2-003 -3 i., e)
Date: April 15, 2003
To: Honorable Mayor and City Commissioners
From: RicScott~
RE: Tall Ships 2003 Request
SUMMARY OF REQUEST:
The Tall Ships 2003 committee is requesting that the
City waive the fees for city services for this event.
FINANCIAL IMPACT:
Approximately $40,000
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board meets on Monday
Affirmative Action
231/724-6703
FAX/722-1214
Assessor ,
231/724-6708
FAX1726-5181
Cemetery
231/724-6783
FAX/726-5617
Civil Service
231/724-6716
F AX/724-4405 West Michigan's Shoreline City
C lerk
23 l /724-6705
FAX/724-4178
Comm, & Neigh.
Date: April 15, 2003
Services
231/724-6717
FAX/726-2501
To: Honorable ~~of ~~d - City Conunissioners
From: Ric S c o t t ~
Engineering
23 I /724-6707 Re: Tall Ships 2003 Request
FAX/727-6904
Finance
The Tall Ships 2003 conunittee is requesting that the
231/724-6713 City waive the fees for services for this year's event
F AX/724-6768
to be held on August 8 th , 9 th , and 10 th • The City spent
Fire Dept. about $40,000 in 2001 for the event.
23 l /724-6792
FAX/724-6985
The Leisure Services Board will meet Monday night to
Income Tox discuss the request
231/724-6770
FAX/724-6768 Staff reconunends approval of the request.
Info. Systems
231/724-6744
Thank you for your consideration.
FAX/722-4301
Leisure Service
231/724-6704
FAX/724-1196
Monngcr's omce
231/724-6724
FAX/722-1214
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
231/724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
F AX/724-6790
Police Dept.
231/724-6750
F AX/722-5140
PublJc Works
231/724-4100
FAX/722-4188
Treasurer
231/724-6720
F AX/724-6768
Water Billing Dept,
231/724-6718
F AX/724-6768
Water FUlretlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
Date: April22,2003
To: Honorable Mayor and City Commissioners
From: Water Filtration Plant
RE: DWRF Project Plan
SUMMARY OF REQUEST: To receive comments and views of interested
persons on the Draft Project Plan and the environmental impacts of the
proposed water system improvement alternatives.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To hold the public hearing.
NOTICE OF PUBLIC HEARING
ONTHE
CITY OF MUSKEGON DWRF PROJECT PLAN
Notice is hereby given that the City of Muskegon will hold a public hearing on the
proposed City of Muskegon Draft Project Plan for Water Treatment and Distribution
System Improvements, for the purpose of receiving comments from interested persons.
The hearing will be held at 5:30 p.m. on April 22, 2003 in the City Commission
Chambers, 933 Terrace Street, Muskegon, Michigan.
The purpose of the hearing is to receive comments and views of interested persons on the
Draft Project Plan and the environmental impacts of the proposed water system
improvement alternatives. Discussions on the existing condition of the water system
facilities, alternatives evaluated, anticipated environmental impacts, project costs and
estimated user costs will be presented at the hearing.
The recommended plan includes improvements to major components of the water
treatment process, conversion of existing facilities into residuals collection and treatment
facilities, and improvements to the water distribution system.
The total estimated project cost is $20,667,000. The City is pursuing a low-interest loan
from the Michigan Drinking Water Revolving Fund (DWRF) loan program to finance the
project. The projected increase in the cost to a typical residential customer will be
discussed at the public hearing.
Copies of the plan detailing the proposed project will be available for public inspection
on March 22, 2003, in the Clerk's office at City Hall.
Written comments received through the close of the public hearing on April 22, 2002 will
be entered into the public hearing record and should be sent to the City Clerk's office at
933 Terrace Street, Muskegon, MI 49443.
Michigan Department of Environmental Quality
Jennifer M. Granholm, Governor
Steven E. Cheste1~ Director
DEkl
http:/ /www.michigan.gov
Drinking Water Revolving Fund Project Plan Submittal
Name of the Project Applicant's Federal Employer Identification Number (EIN)
Legal Name of Applicant (The legal name of the applicant may Areas Served by this Project
be different than the name of the project. For example, a county
may be the applicant for bonding purposes, while the project may
be named for the particular village or township it serves.) Counties
City of Muskegon, Michigan
Address of Applicant (Street, PO Box, City, State & Zip) Congressional Districts
State Senate Districts
State House Distrlcts
Population Served by the Water Supplier
If you are interested in an interim planning loan for the immediate reimbursement of project planning costs, check here D
(An interim planning laon is available only to a municipality serving a population of less than 10,000.)
Brief Description of the Project
Estimated Total Cost of the Project Construction Start Target Date
Name and Title of Applicant's Authorized Representative Telephone FAX
Address of Authorized Representative
if same as address above, check here D
Signat~re of Authorized Representative Date
Joint Resolution of Project Plan Adoption/Authorized Representative Designation is attached check here •
A final project plan, prepared and adopted in accordance with the Department's Drinking Water Revolving
Fund Program Project Plan Preparation Guidance, must be submitted by July 1st in order for a proposed
project to be considered for placement on Michigan's Project Priority List for the next fiscal year. Please
send your final project plan with this form to:
MUNICIPAL FACILITIES SECTION
ENVIRONMENTAL SCIENCE AND SERVICES DIVISION
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
PO BOX30457
LANSING Ml 48909-7957
Kundinger, Gail.
From: Benoit, Dennis J. -- MPS [Dennis.Benoit@ttmps.com]
Sent: Monday, April 14, 2003 4:11 PM
To: Veneklasen, Bob
Cc: Kuhn, Bob; Paul, Tim; Kundinger, Gail
Subject: DWRF Public Hearing
DWRF PP Muskegon
mittal Form.dot.d Resolution.doc
Bob
Are you going to get a map showing the distribution system improvements
(Item 4 of Wendy Jansma's letter)
This is the list of items that will need to be included as part of the Final
Project Plan for the May 1 submittal:
* Revised public participation section to reflect the public hearing
and resolution. (we will complete this)
* Not necessary, but it is a good idea to reference the public
participation actions in the Executive Summary.
* Completed and signed DWRF Project Plan Submittal Form. (form is
attached).
* Copy of the published notice of public hearing (Gail should have
this)
* Copy of the the public hearing sign-in sheet (Clerk should record
and provide the list after the hearing)
* Copy of a verbatim transcript of the public hearing (Does Gail have
this covered?)
* Copy of any written comments received on the project (we will
compile this)
• Copy of the resolution adopting the proposed project by the City
Commission
* A resolution authorizing the Authorized Representative (currently
listed as Bob Kuhn but could be changed to anyone in the City) (copy
attached)
«DWRF PP Submittal Form.dot.doc» «Muskegon Resolution.doc>>
We should get together and make sure all of these are being covered. Let me
know if you need anything else.
Thanks,
Dennis J. Benoit, P.E.
Senior Vice President
Tetra Tech MPS
3949 Sparks Drive SE, Suite 101
Grand Rapids, Ml 49546
616-942-5566
616-942-5787(Fax)
dennis.benoit@ttmps.com
1
Pl-+
Kundinger, Gail
From: Zill, Nathan A. -- MPS [Nate.Zill@ttmps.com]
Sent: Monday, March 17, 2003 3:41 PM
To: Kundinger, Gail
Subject: FW: Water Treatment Improvements Project Plan
Here is the other email that I mentioned.
Thanks, Gail
Nate
> -----Original Message-----
> From: Zill, Nathan A. -- MPS
> Sent: Thursday, March 06, 2003 11 :33 AM
> To: 'Bob.Veneklasen@postman.org'
> Cc: 'gail.kendinger@postman.org'; Benoit, Dennis J. -- MPS; Whitehead,
> Ben C. -- MPS
> Subject: Water Treatment Improvements Project Plan
>
> Bob,
>
> After our telephone conversation this morning, at your suggestion I talked
> with Gail Kundinger about the public hearing. She said that she will take
> care of getting the public hearing notice published and a resolution
> adopting the project plan on the agenda of the April 22 Commission
> meeting. We will also plan on having copies of the project plan displayed
> in the Clerk's office, 30 days prior to the hearing. The following is the
> schedule to comply with the MDEQ deadline of May 1 for submitting the
> Final Project Plan.
>
> * TTMPS submits proposed public hearing notice to Clerk's office
> March 14
> • Publication of notice in Muskegon Chronicle (arranged by Clerk's
> office) March 22
> * Copies of Draft Project Plan displayed at Clerk's office for public
> review March 22
> * TTMPS submits draft Commission resolution adopting proposed project
> to Clerk's office April 14
> • Hold Public Hearing
> April 22
> * City Commission passes resolution adopting proposed project
> April 22
> * Final Project Plan* Submitted to MDEQ
> May 1
>
> • The Final Project Plan must include the following documents:
> • City Commission resolution
> • Copy of the Public Hearing notice as it appeared in the Muskegon
> Chronicle
> • List of public hearing attendees (names and addresses)
> • Either a verbatim transcript or a copy of a video or audio tape of
> the public hearing
> • Copy of any written comments received
>
> If you have any questions, please give me a call.
>
>
> Nate Zill
> Tetra Tech MPS
1
NOTICE OF PUBLIC HEARING
ONTHE
CITY OF MUSKEGON DWRF PROJECT PLAN
Notice is hereby given that the City of Muskegon will hold a public hearing on the
proposed City of Muskegon Draft Project Plan for Water Treatment and Distribution
System Improvements, for the purpose of receiving comments from interested persons.
The hearing will be held at 5 :30 p.m. on April 22, 2003 in the City Commission
Chambers, 933 Terrace Street, Muskegon, Michigan.
The purpose of the hearing is to receive comments and views of interested persons on the
Draft Project Plan and the environmental impacts of the proposed water system
improvement alternatives. Discussions on the existing condition of the water system
facilities, alternatives evaluated, anticipated environmental impacts, project costs and
estimated user costs will be presented at the hearing.
The recommended plan includes improvements to major components of the water
treatment process, conversion of existing facilities into residuals collection and treatment
facilities, and improvements to the water distribution system.
The total estimated project cost is $20,667,000. The City is pursuing a low-interest loan
from the Michigan Drinking Water Revolving Fund (DWRF) loan program to finance the
project. The projected increase in the cost to a typical residential customer will be
discussed at the public hearing.
Copies of the plan detailing the proposed project will be available for public inspection
on March 22, 2003, in the Clerk's office at City Hall.
Written comments received through the close of the public hearing on April 22, 2002 will
be entered into the public hearing record and should be sent to the City Clerk's office at
933 Terrace Street, Muskegon, MI 49443.
Kundinger, Gail
From: Paul, Tim
Sent: Monday, March 17, 2003 3:14 PM
To: 'Benoit, Dennis J. -- MPS'; Veneklasen, Bob
Cc: Zill, Nathan A. -- MPS; Kundinger, Gail
Subject: RE: Sticker Shock
Nathan or Dennis -
I note on the original message you had Gail's address as "kendinger'' ... it should be "kundinger''. In speaking with Gail ,
she has not received the notice so you may want to re-send.
Thanks
•·---Original Message----
From: Benoit, Dennis J. -- MPS [mailto:Dennis.Benoil@ttmps.com)
Sent: Sunday, March 16, 2003 2:47 PM
To: Veneklasen, Bob; Kuhn, Bob; Mazade, Bryon; Al-Shale!, Mohammed; Paul, Tim
Cc: Whitehead, Ben C. -- MPS; Zill, Nathan A. -- MPS
Subject: Sticker Shock
In anticipation that some of you may be wondering where in the$%"&" did they come up with $20,667,000
(which is the number that will be in the public notice for the Project Plan hearing that will be published next
week) as a project cost for the water system improvements, let me provide the following:
Construction costs of $16,533,000 (includes some items not in the current design plans including extra
water main, fill valve at Harvey Reservoir, etc which is why it is slightly higher than previously discussed)
A 25% allowance for Engineering, Legal, Administrative and Contingencies of $4,134,000 is added to the
construction cost opinion (It is recognized that most of the engineering fees are already determined and that
there is some estimating contingency included in the $16,533,000 cost opinion but MDEQ prefers that a
conservative estimate be put forth at this time)
Remember that this number does not lock the City in to this size of a loan as that would be re-determined at
the time the loan is closed and would be done after bids are received so the contingency percentage and
engineering costs can hopeully be finalized before then.
If you still have any questions, call or reply
Thanks,
Dennis J. Benoit, P.E.
Senior Vice President
Tetra Tech MPS
3949 Sparks Drive SE, Suite 101
Grand Rapids, Ml 49546
616-942-5566
616-942-5787(Fax)
dennis.benoit@ttmps.com
-····Original Message-----
From: Zill, Nathan A. ·- MPS
Sent: Friday, March 14, 2003 1:36 PM
To: 'gail.kendinger@postman.org'
Cc: 'Bob.Veneklasen@postman.org'; Benoit, Dennis J. •· MPS; Whitehead, Ben C. •· MPS
Subject: Public Hearing Notice
Hi Gail,
As we discussed, attached is the public hearing notice for publishing in the March 22 edition of the Muskegon
Chronicle.
If you have any questions, or you would like to make any changes please give me a call.
Thank you.
<< File: MuskegonNotPH.doc >>
Nate Zill
Tetra Tech MPS
Phone: (734) 213-4030
Fax: (734) 665-2570
2
Kundinger, Gail
From: Benoit, Dennis J. -- MPS [Dennis.Benoit@ttmps.com]
Sent: Monday, March 17, 2003 3:26 PM
To: Paul, Tim; Veneklasen, Bob
Cc: Zill, Nathan A. -- MPS; Kundinger, Gail
Subject: RE: Sticker Shock
Nate
Can you re-send
Thanks,
Dennis
-----Original Message-----
From: Paul, Tim [mailto:Tim.Paul@postman.org]
Sent: Monday, March 17, 2003 4:14 PM
To: 'Benoit, Dennis J. -- MPS'; Veneklasen, Bob
Cc: Zill, Nathan A. -- MPS; Kundinger, Gail
Subject: RE: Sticker Shock
Nathan or Dennis -
I note on the original message you had Gail's address as "kendinger" ... it
should be "kundinge('. In speaking with Gail, she has not received the
notice so you may want to re-send.
Thanks
> -----Original Message-----
> From:Benoit, Dennis J. -- MPS [mailto:Dennis.Benoit@ttmps.com]
> Sent: Sunday, March 16, 2003 2:47 PM
> To: Veneklasen, Bob; Kuhn, Bob; Mazade, Bryon; Al-Shale!, Mohammed;
> Paul, Tim
> Cc: Whitehead, Ben C. -- MPS; Zill, Nathan A. -- MPS
> Subject: Sticker Shock
>
> In anticipation that some of you may be wondering where in the $%•&* did
> they come up with $20,667,000 (which is the number that will be in the
> public notice for the Project Plan hearing that will be published next
> week) as a project cost for the water system improvements, let me provide
> the following:
>
> Construction costs of $16,533,000 (includes some items not in the current
> design plans including extra water main, fill valve at Harvey Reservoir,
> etc which is why ii is slightly higher than previously discussed)
>
> A 25% allowance for Engineering, Legal, Administrative and Contingencies
> of $4,134,000 is added to the construction cost opinion (It is recognized
> that most of the engineering fees are already determined and that there is
> some estimating contingency included in the $16,533,000 cost opinion but
> MDEQ prefers that a conservative estimate be put forth at this time)
>
> Remember that this number does not lock the City in to this size of a loan
> as that would be re-determined at the time the loan is closed and would be
1
> done after bids are received so the contingency percentage and engineering
> costs can hopeully be finalized before then.
>
> If you still have any questions, call or reply
>
> Thanks,
>
>---------
> Dennis J. Benoit, P.E.
> Senior Vice President
> Tetra Tech MPS
> 3949 Sparks Drive SE, Suite 101
> Grand Rapids, Ml 49546
> 616-942-5566
> 616-942-5787(Fax)
> dennis.benoit@ttmps.com
>
>
>
> -----Original Message-----
> From: Zill, Nathan A. -- MPS
> Sent: Friday, March 14, 2003 1:36 PM
> To: 'gail.kendinger@postman.org'
> Cc: 'Bob.Veneklasen@postman.org'; Benoit, Dennis J. -- MPS;
> Whitehead, Ben C. -- MPS
> Subject: Public Hearing Notice
>
> HiGail,
> As we discussed, attached is the public hearing notice for
> publishing in the March 22 edition of the Muskegon Chronicle.
> If you have any questions, or you would like to make any changes
> please give me a call.
> Thank you.
>
> << File: MuskegonNotPH.doc »
>
> Nate Zill
> Tetra Tech MPS
> Phone: (734) 213-4030
> Fax: (734) 665-2570
2
> 710 Avis Drive
> Ann Arbor, Ml 48108
> Phone: (734) 213-4030
> Fax: (734) 665-2570
2
2003- 37 (a)
CITY OF MUSKEGON RESOLUTION
ADOPTING A FINAL PROJECT PLAN
FOR WATER SYSTEM IMPROVEMENTS AND
DESIGNATING AN AUTHORIZED PROJECT REPRESENTATIVE
WHEREAS, the City of Muskegon recognizes the need to make improvements to its existing
water treatment and distribution system; and
WHEREAS, the City of Muskegon authorized Tetra Tech MPS, Inc. to prepare a Project
Plan, which recommends the construction of improvements to major components of the water
treatment process, conversion of existing facilities into residuals collection and treatment
facilities, and improvements to the water distribution system; and
WHEREAS, said Project Plan was presented at a Public Hearing held on April 22, 2003 and
all public comments have been considered and addressed;
NOW THEREFORE BE IT RESOLVED, that the Muskegon City Commission formally
adopts said Project Plan and agrees to implement the selected alternative (Alternative No. 1).
BE IT FURTHER RESOLVED, that the Muskegon Director of Public Works, a position
currently held by Robert Kuhn, P.E., is designated as the authorized representative for all
activities associated with the project referenced above, including the submittal of said Project
Plan as the first step in applying to the State of Michigan for a Drinking Water Revolving
Fund Loan to assist in the implementation of the selected alternative.
Yeas: 7
Nays: 0
I certify that the above Resolution was adopted by the Muskegon City Commission on April
22, 2003.
BY: Gail Kundinger, City Cierk
4 -2.3- 03
Date
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
April 22, 2003 . The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By -'---"
L =-=-=--~Q
_ _ _ ___ _L------._·-
Gail A. Kundinger, City Cler~
Public Hearing Sign - In Sheet
City of Muskegon Water System Improvements
DWRF Project Plan
April 22, 2003
Name (Please Print) Address
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Public Hearing Sign - In Sheet
City of Muskegon Water System Improvements
DWRF Project Plan
April 22, 2003
Name (Please Print) Address
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Public Hearing Sign - In Sheet
City of Muskegon Water System Improvements
DWRF Project Plan
April 22, 2003
Name (Please Print) Address
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Public Hearing Sign-In Sheet
City of Muskegon Water System Improvements
DWRF Project Plan
April 22, 2003
Name (Please Print) Address
Irene Deml!sey 54499 Sheridan Muskegon 49440
Gail Kundinger 1400 Marlbora Muskegon 49441
David Loring 4756 Airline Muskegon 49444
Rod VanMorttis 2785 Crystal Lake Twin Lake 49461
Andy Maciejewski 2305 Ruddiman NMuskegon 49445
Michael Borgert 1617Moulton N Muskegon 49445
Brenda Wakefield 877 Bradley Muskegon 49441
Tom Wakefield 877 Bradley Muskegon 49441
Bryan Mazade 933 Terrace Muskegon 49443
Rick Scott 2448 Estes Muskegon 49441
Stel!hen Gawron 1362 Palmer Muskegon 49441
Karen Buie 1367 Dudley Muskegon 49442
Dennis Benoit 3949 SI!rarks SE G Ral!ids 49546
Mike Cox PO box 30457 Lansing 48909
Jamie Kolkema POBox629 Muskegon 49443
Jeff Geiger 980 Jefferson Muskegon 49440
Mohammad Alshatel 933 Terrace Muskegon 49440
William D Uecker 3352 Peck Muskegon 49444
Robert Veneklasen 1900 Beach Muskegon 49441
John Schrier 1332 Lakeshore Muskegon 49441
Bill Larson 1178 Creeckview Muskegon 49441
Robert Schweifler 3200 Sandy Cove Ct Muskegon 49441
Lawrence O SI!ataro 1567 Sixth Muskegon 49441
Wilmer Griffin 2015 Addison Muskegon 49441
Russ Hill 1649 Gettt Muskegon 49442
Terry Redman 1350 Keating Muskegon 49442
Nancy Waters 1883 Eloise Muskegon 49444
Phyllis Moore 2913 Waalkes Muskegon 49444
Millie Ortez 1158 Walnut Grove Muskegon 49441
Patrick Closz 3527 Hoyt Lot #72 Muskegon 49444
George Micka 1308WSummit Muskegon 49441
Rall!h Anderson 1873 Letart Muskegon 49441
Roberta Andderson 1873 Letart Muskegon 49441
Joann Katek 610 W Western Muskegon 49440
Tim Paul 2380 Estes Muskegon 49441'
Sandy Walker 1541 Terrace B Muskegon 49442
Carol Wells 1541 Terrace A Muskegon 49442
Public Hearing Sign-In Sheet
City of Muskegon Water System Improvements
DWFR Project Plan
April 22, 2003
Marr Lou Andersen 518 Oak Muskegon 49442
Donald Mack 1541 Terrace Muskegon 49442
Donald West 943 Jefferson #3 Muskegon 49441
RC Burns 2445 Hadden Muskegon 49441
Bob Kuhn 3080 W Sherman Muskegon 49441
Ray Diggs 80 Seaway Dr Muskegon 49440
Idella Levelston 344 Amity Muskegon 49441
J-Oo 3 - :=s 1 b)
Commission Meeting Date: April 22, 2003
Date: April15,2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department M('_,,
RE: Public Hearing and Resolution Revoking IFT
Certificate from Burgess Norton Manufacturing
SUMMARY OF REQUEST: To hold a public hearing and approve the
resolution revoking the IFT Certificate held by Burgess Norton
Manufacturing.
FINANCIAL IMPACT: The revoking of the certificate will allow the City to
seek reimbursement by Burgess Norton for the amount of abated taxes,
which totals $460,041.87.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To hold the public hearing and approve
the revoking of the IFT certificate.
COMMITTEE RECOMMENDATION:
Resolution No. ---
MUSKEGON CITY COMMISSION
RESOLUTION REVOKING INDUSTRIAL FACILITIES EXEMPTION
CERTIFICATE NO. 96-741
BURGESS NORTON MANUFACTURING
WHEREAS, the City of Muskegon issued an Industrial Facilities Exemption Certificate
to Burgess Norton Manufacturing, on October 22, 1996; and
WHEREAS, a signed Tax Abatement Contract between Burgess Norton Manufacturing
and the City of Muskegon took effect on October 22, 1996, with Burgess Norton
Manufacturing agreeing to install $4,396,000 $4 409 000 in machinery and
equipment and to make $1,080,000 in real property improvements; and
WHEREAS, the Industrial Facilities Exemption Certificate is scheduled to expire in
2008;and
WHEREAS, Burgess Norton Manufacturing agreed to retain existing jobs and create new
jobs: and
WHEREAS, Burgess Norton Manufacturing is planning to sell its assets at auction and
has substantially eliminated the jobs created or retained; and
WHEREAS, Section Three of the Tax Abatement Contract states that "the closing of the
Company's facilities in the City" shall be considered an event of default; and
WHEREAS, according to Section Four of the Tax Abatement Contract, in instances of
default Burgess Norton Manufacturing consents to the immediate revocation of
the IFT Certificate; and
WHEREAS, appropriate certified notice has been sent to Burgess Norton Manufacturing
on April 9, 2003, notifying the company of the intent to revoke Industrial
Facilities Exemption Certificate No. 96-741.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission that
Industrial Facilities Exemption Certificate No. 96-741, Burgess Norton
Manufacturing, is revoked and Burgess Norton Manufacturing owes $460,041.87,
equal to the amount of previously abated taxes.
Adopted this 22nd Day of April 2003
Ayes:
Nays:
O:\Planning\COMMON\Econ. Dev\Resolutions\JFT.revoke.BN.res.doc
Absent:
BY:
Stephen Warmington, Mayor
ATTEST:
Gail Kundinger, Clerk
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the Muskegon City Commission, County of Muskegon, Michigan, at a regular
meeting held on April 22, 2003.
Gail Kundinger, Clerk
O:\Planning\COMMON\Econ. Dev\J?.esolutions\JFF.revoke.BN.res.doc
Date: March 25, 2003
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Create Special Assessment District for:
Nims St. & Irwin Ave., Getty St. to Wood St.
SUMMARY OF REQUEST:
To hold a public hearing on the proposed special assessment of the Nims St. & Irwin Ave.,
Getty St. to Wood St. project, and to create the special assessment district and appoint two
City Commissioners to the Board of Assessors if it is determined to proceed with the project
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To create the special assessment and assign two City Commissioners to the Board of
Assessors by adopting the attached resolution
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2003-37 (c)
Resolution At First Hearing Creating Special Assessment District
For Nims St. from 181' west of Getty St. to Irwin Ave. and Irwin Ave. from Nims St. to 200'
east of Wood St.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
I. A hearing has been held on April 22, 2003 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the hearing held April 22, 2003, there were 13. 71/o objections by the owners of the
property in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has
considered the advisability of proceeding with the project.
FINDINGS:
1. The City Commission has examined the estimates of cost to construct the project
including all assessable expenses and determines them to be reasonable.
2. The City Commission has considered the value of the prope1iy to be assessed and the
value of the benefit to be received by each property proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the property.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
property set forth in Exhibit A attached to this resolution.
2. The City Commission determines to proceed with the improvements as set forth in the
feasibility study and estimates of costs, and directs the City Engineer to proceed with
project design, preparation of specifications and the bidding process. If appropriate and
if bonds are to be sold for the purposes of financing the improvements, the Finance
Department shall prepare plans for financing including submission of application to the
Michigan Department of Treasury and the beginning of bond proceedings.
3. The City Commission hereby appoints a Board of Assessors consisting of City
Commissioners Spataro and Mayor Warmington
and the City Assessor who are hereby directed to prepare an assessment roll.
Assessments shall be made upon front foot basis.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected
that approximately 24.62 % of the cost of the street improvement will be paid by special
assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes_ _ 7.:.___ _ __ __ _ __ __ __ __ __ __ _ __ _ _ _ _ __
Nays_ _-=- 0_ _ _ _ __ __ _ _ _ __ __ __ __ _ _ _ _ _ __ __ _
CITY OF MUSKEGON
By4rt9;k
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on April 22, 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By ~~~--L--=---~------=---=i.-c--
Gail A. Kundinger, Clerk
EXHIBIT A
Nims St. Getty to Irwin
SPECIAL ASSESSMENT DISTRICT
• All properties abutting that section of Nims St. from 181' west of Getty St. to
Irwin Ave. and Irwin Ave. from Nims St. to 200' east of Wood St.
ENGINEERING FEASIBILITY STUDY
For
Nims St., Getty to Irwin
The proposed reconstruction of Nims St. Getty to Irwin was initiated by the City due to the
conditions its in. The existing conditions of that section of roadway, we feel, is beyond
salvaging. In addition, the roadway has no curbs nor is it wide enough (20').
The proposed improvements will address at least two of the established goals, and they are;
• Improve the City's infrastructure
• enhance the appearance of that area.
A memorandum from the Assessor's office, which addresses appraisal and benefits to abutting
prope1iies, is attached.
The preliminary cost estimate for the work associated with paving is approximately $350,000
with the length of the project being approximately 2200 lineal feet or 2777 of assessable footage.
This translates into an estimated improvement cost of$126 per assessable foot. The assessment
figure will be at a cost not to exceed a $35.50 per assessable foot as established in the 2003
Special Assessment for this type of improvement.
H-1564 - NIMS/IRWIN, GETTY ST. TO WOOD ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
EfEI PERCENTAGE TOTAL NUMBER OF PARCELS· 6
FOR OPPOSE
LETTER ST# ST NAME PARCEL# FEET LETTER ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2777.000 *** • 5 500 IRWIN 24-205-095-0001-65 115.11
4 1649 getty 24-205-099-0001-10 267.42
FRONT FEET OPPOSED 382.53 13,77%
RESPONDING FRONT FEET IN FAVOR 0.000 0.00%
NOT RESPONDING - FRONT FEET !N FAVOR 2394.470 86.23%
TOTAL FRONT FEET !N FAVOR 2394.470 86.23%
TOTALS 0.00 382.53
• Property owner has agreed to the assessment per conversation w/Mohammed AI-Shatel
TABULATEDAS OF: 01:17PM
04/23120031:17 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON NIMS
~ MUSKEGON COUNTY
173 E. APPLE AVE, BUILDING C, MUSKEGON, MICHIGAN 49442
~M C H G A N (231) 724-6386
FAX (231) 724·1129
EQUALIZATION DEPARTMENT
BOARD OF COMMISSIONERS
Kenneth J. Hulka, Chair
Bill Gill, Vice Chair
Paul Baade
Douglas Bennett
Nancy G. Frye
James J. Kobza
Louis McMurray
Tony Moulatsiotis
Clarence Start
April 8, 2003
Mohammed Al-Shatel, City Engineer
933 Terrace Street
Muskegon, MI 49443
Mr. Al-Shatel:
In accordance with your request, I have examined the proposed special assessment district
I entailing the reconstruction of Nims St located between Getty St and Irwin Ave, & the milling
and resurfacing ofirwin Ave located between Nims St and Wood St. The purpose of this
analysis is to document the reasonableness of this special assessment district by identifying and
I quantifying any accrued benefits. It is subject to the normal governmental restrictions of
escheat, taxation, police power and eminent domain. The effective date is April 8, 2003.
In conclusion, it is my opinion that the special assessment amounts justly and reasonably
represents the accrued benefits to the properties encompassed by this project. The amounts
reflect the sum of the immediate estimated value enhancement and the intrinsic value that will
accrue from an overall increase in property values due to an improved quality oflife created
by the proposed project. As previously presented, the proposed special assessment district
encompasses a mixture of properties, but the front foot rate of$ 17.85 for milling &
resurfacing appears reasonable in light of our analysis that indicates a probable enhancement
of$!8.48. Likewise, the front foot rate of$35.50 for reconstruction appears reasonable in
light of our analysis that indicates a probable enhancement of $37.07. The conclusions are
based upon the data presented within this limited analysis in restricted format, and on
supporting information in my files.
Sincerely,
·?~ ~
Dan VanderKooi, CMAE 3
Senior Appraiser
TDD (231) 722-4103 • An EEO I ADA I AA Employer
recycled paper
April 11, 2003
OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, Ml 49441 1
Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET
NOTICE OF HEARING ON SPECIAL ASSESSMENT
Dear Property Owner:
The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:
NIMS ST & Irwin AVE .., WOOD ST. TO GETTY ST ..
The proposed special assessment district will be located as follows:
All parcels abutting Nims St from 181' west of Getty St to Irwin Ave. & Irwin Ave.
from Nims St. to 200' east of Wood St.
It is proposed that a portion of the above improvement will be paid by special
assessme'nt against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.
Public Hearings
An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on APRIL 22, 2003 at 5:30
P.M. You are encouraged to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the proposed special
assessment. We are enclosing a Hearing Response Card for you to indicate your
agreement or opposition to the special assessment. This card includes the property
identification and description, assessable footage per City policy, and the estimated cost
of the assessment. You may also appear, as above, in lieu of, or in addition to mailing
your response card to the City Clerk. Written objections or appearances must be made
at or prior to the hearing. NOTE: THE SPECIAL ASSESSMENT WILL BE CREATED
OR NULLIFIED AT THIS HEARING. IT IS IMPORTANT FOR YOU TO COMMENT AT
THIS HEARING IF YOU WANT YOUR OPINION COUNTED FOR THE SPECIAL
ASSESSMENT.
A second public hearing will be held, if the district is created, to confirm the special
assessment roll after the project is completed. You will be mailed a separate notice for
the second hearing. At this second hearing the special assessment costs will be spread
on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the properties to be assessed
shall object to the assessment in writing at or before the hearing, the improvement shall
not be made unless the City Commission determines by affirmative vote of all its
members that the safety or health of the public necessitates the improvement.
Estimated Costs
The total estimated cost of the street portion of the project is $350,000.00 of which
approximately 24.62% ($84,920.46) will be paid by special assessment to property
owners. Your property's estimated share of the special assessment is shown on the
attached hearing response card. The remaining costs will be paid by the City.
The street assessment, which covers improvements to the roadway, may be paid in
installments over a period of up to ten (10) years. Any work on drive approaches or
sidewalks will be assessed to the property at actual contract prices and these costs may
also be paid in installments over ten (10) years. Please note this work is in addition to
the street special assessment.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and financial assistance programs available.
I urge you to return the enclosed hearing response card indicating your preference and
to attend the scheduled public hearing. Your views are important to the City and to your
neighbors. Additional information, including preliminary project plans and cost
estimates is available in the Engineering Department located on the second floor of City
Hall. Regular business hours are from 8:00 A.M. to 5:00 P.M. Monday through Friday
except holidays.
Sincerely,
//j/l/)~~ 11 v_i_ «J1[i("
Mohammed Al-Shale!, P.E.
City Engineer
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
inciuding delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By MARCH 25, 2003
Project Title: NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
Project Description MILLING & RESURFACING
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address:
Parcel Number 24-XXX-XXX-XXXX-XX
Assessable Frontage: 172.67 Feet
Estimated Front Foot Cost: $17.85 per Foot
ESTIMATED TOTAL COST $3,082.16
Property Description
CITY OF MUSKEGON
SEC 29 T10N R16W
PART OF THE SE 1/4
A TRIANGULAR PIECE OF LAND
BOUNDED BY NIMS ST ANO SUPERIOR ST
AND DALE AVE
Your vote COUNTS!
I AM IN FAVOR • CoOwner/Spouse
I AM OPPOSED •
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
Owner
Signature
----------- Signature
-------------
Address Address
3
Thank you for taking the time to vote on this important issue.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
SPECIAL ASSESSMENT DISTRICT
PLEASE TAKE NOTICE that a special assessment district is proposed to be created by the Muskegon
City Commission for the following project:
Nims St. & Irwin Ave., Getty St. to Wood St.
The location of the special assessment district and the properties proposed to be assessed are:
• All parcels abutting Nims St. from 181' west of Getty St. to Irwin Ave. and Irwin Ave.
from Nims St. to 200' east of Wood St.
It is proposed that a percentage of the cost of the improvement will be paid through special assessments.
Preliminary plans and cost estimate are on file in the City Hall in the Engineering Depmtment and may be
examined during regular business hours at the Engineering Department between 8:00 A.M. and 5:00 P.M.
on weekdays, except holidays.
THE HEARING WILL BE HELD IN THE MUSKEGON CITY COMMISSION CHAMBERS ON
APRIL 22, 2003 AT 5:30 O'CLOCK P.M.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HA VE THIRTY (30) DAYS FROM
THE DA TE OF CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN
WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
TRIBUNAL WILL BE LOST.
By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.
PUBLISH: April 12, 2003 Gail Kundinger, City Clerk
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 or TDD (231) 724-6773
SPECIAL ASSESSMENT H 1s64
RECONSTRUCTION, MILLING & RESURFACING HEARING DATE APRIL 22, 2003
NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
24-129-400-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 1649.13
933 TERRACE ST COST PER FOOT: $35.50
@ 445.0 IRWIN AVE MUSKEGON Ml ESTIMATED P.O. COST: I $58,544.12 1
24-129-400-0001-00 CITY OF MUSKEGON ASSESSABLE FEET: 347
933 TERRACE ST COST PER FOOT: $17.85
@ 445.0 IRWIN AVE MUSKEGON Ml ESTIMATED P.O. COST: I $6, 193_95 1
24-129-400-0002-00 CITY OF MUSKEGON ASSESSABLE FEET: 86.34
933 TERRACE ST COST PER FOOT: $35.50
@ 715.0 NIMS ST MUSKEGON Ml ESTIMATED P.O. COST: I $3,065.01 1
24-129-400-9991-00 STATE OF MICHIGAN ASSESSABLE FEET: 0
PO BOX 30735 COST PER FOOT: $35.50
@ 764.0 NIMS ST LANSING Ml ESTIMATED P.O. COST: $0_.0_0_,I
. _ I_ _ _
24-205-095-0001-65 CLIFFORD BUCK CONSTRUCTIO ASSESSABLE FEET: 115.11
500 IRWIN AVE COST PER FOOT: $17.85
@ 500.0 IRWIN AVE MUSKEGON Ml ESTIMATED P.O. COST: I~ -$2,054.71
--~
24-205-096-0001-50 FESCO ACQUISITION CO ASSESSABLE FEET: 312
444 IRWIN AVE COST PER FOOT: $17.85
@ 444.0 IRWIN AVE MUSKEGON Ml ESTIMATED P.O. COST: I $5,569.20 1
24-205-099-0001-10 FLEX-SPACE INC ASSESSABLE FEET: 267.42
1657 S GETTY COST PER FOOT: $35.50
@ 1649. S GETTY ST MUSKEGON Ml ESTIMATED P.O. COST: 1~_$_9_,4_93_.4_1~
4/11/2003 Page 1 of 2
RECONSTRUCTION HEARING DATE APRIL 22, 2003
NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
SUM OF ASSESSABLE FOOTAGE: 2777.00 SUM OF ESTIMATED P.O. COST: $84,920.46 I
TOTAL NUMBER OF ASSESSABLE PARCELS 7.00
4/11/2003 Page 2 of 2
\.
SPECIAL ASSF~SMENT
I ' ''.
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By APRIL 22, 2003
Project Title: NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
Project Description: * MILLING & RESURFACING
• PROJECT CON81ST OF COMPLETE REMOVAL OF EXISTING PAVEMENT & CONSTRUCTION OF CURB &
GUTTER WITH ASf0 HALT PAVEMENT SURFACE
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to th_e City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing: Be sure lo seai tr1i;, form wii11 a smaii µiec"' ur lope or staple prior lo mailing. IF
YOU DO NOT SEND IN THIS FORM YOl)R VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 500 IRWIN AVE
Parcel 24-205.095.0001-65 , . . .l tdV(
Assessable Frontage: 115.11 Feet -.:;:, dis?~~
Estimated Front Foot Cost: $17.85 per Foot
ESTIMATED TOTAL COST 2 054 71
$ , · RECEIVED
Property Descriptioo.
CITY OF MUSKEGON APR 1 8 2003
REVISED PLAT OF 1903
PART OF NLY 1/2 OF VAC NIMS AVE
LYING NELY OF BU< 91:l
Citv Clerks Office
AND PART OF PERE MARQUETTE RR ROW
LYING NEL Y AND ADJ TO SD VAC NIMS AVE
Your vote COUNTS!
; AM IN FAVOR •
Please vote either in favor or opposed to the Special Assessment Street Paving Proj
I AM OPPOSED
Owner J.~~v.e.L~::::.:.__ CoOwner/Spouse _ _ _ _ _ _ _ _ _ _ __
. ..,.,j\~&:~~c..~··(\6:i·
Signature
Address ~;;f~ Signature
· Address
Thank you for taking the time to vote on this important issue. 5
H-1564 - NIMS/IRWIN, GETTY ST. TO WOOD ST.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
= PERCENTAGE
LETTER ST# ST NAME
FOR
PARCEL#
TOTAL NUMBER OF PARCELS· 7
FEET
OPPOSE
LETTER ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2777.000 u. • 5 500 \RWIN 24-205-095-0001-65 115.11
u'\:-,
FRONT FEET OPPOSED 115.11 4.15%
(\1\
RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 'o
/
NOT RESPONDING - FRONT FEET IN FAVOR 2661.890 95.85% .'( /
,t.! \!--
TOTAL FRONT FEET IN FAVOR 2661.890 95.85%
c), ✓
ff
TOTALS 0.00 115.11
• Property owner has agreed to the assessment per conversation w!Mohammed AI-Shatel
TABULATED AS OF: 04:53 PM
4/22/034:53 PMTABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON NIMS.xis
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By APRIL 22, 2003
Project Title: NIMS ST. & IRWIN AVE., WOOD ST. TO GETTY ST.
Project Description: * RECONSTRUCTION
* PROJECT CONSIST OF COMPLETE REMOVAL OF EXISTING PAVEMENT & CONSTRUCTION OF CURB &
GUTTER WITH ASPHALT PAVEMENT SURFACE
INSTRUCTIONS
Ir you wish to have your written vote included as part of the tabulation of votes forwa rded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
. showing. Be sure iu seai Lhe fur rn wilii c1 srr1c:1ii pi8C8 of tc1p8 or stapie prior to iYialiing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1649 S GETTY ST
Parcel Number 24-205-099-0001-10
Assessable Frontage: 267.42 Feet
Estimated Front Foot Cost: $35.50 per Foot
ESTIMATED TOTAL COST $9,493.41 RECEIVED
Property DescripJion APR 2 2 2003 .
CITY OF MUSKEGO!~
REVISED PLAT OF 1903 City Clerks Office
THAT PART OF BLK 99 DESC AS:
COM AT NW COR OF SD BLK
TH N 80D OOM 00S E ALG N LINE SD BLK 205.20 FT
TH S 50D 17M 57S E ALG l'JEL Y LINE SD BLK 342.44 FT
Your vote COUNTS!
Owner
I AM IN FAVOR
f L /! X- SpA( I:
•
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM OPPOSED
CoOwner/Spouse _ _ _ _ _ _ _ _ _ __
~
Signature ~
C! ~ I" 1it:Z?:
GTOfi~(,.{:
Signature _ _ _ _ _ _ _ _ _ _ _ __
Address / (:, tf J 5 o, G frT rf Address
Thank you for taking the time to vote on this important issue. 4
Commission Meeting Date: April 22, 2003
Date: April 15, 2003
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Approval of Resolution and QuitClaim
SUMMARY OF REQUEST: To authorize the Mayor and City Clerk to
sign the attached resolution and quit claim to sale the city owned
rehabilitated home at 322 Amity Operation "New Life" to Idella Levelston
for the price of $60,000.
The house at 322 Amity was obtained by the City of Muskegon through
the foreclosure process and was rehabilitated with HOME funds.
The rehabilitation of 322 Amity is another example of the City's
commitment to the revitalization of its neighborhoods.
FINANCIAL IMPACT: Funding will be added to the HOME account
BUDGET ACTION REQUIRED: N/A
STAFF RECOMMENDATION: To approve the sale
COMMITTEE RECOMMENDATION: the Land Reutilization Committee
approved the rehabilitation of the project.
MUSKEGON CITY COMMISSION
2003-38 (a)
RESOLUTION TO APPROVE THE SALE OF
CITY-OWNED PROPERTY AT 322 AMITY
WHEREAS, the City of Muskegon is dedicated to the redevelopment of its
neighborhoods and;
WHEREAS, the City of Muskegon is dedicated to promoting high quality
affordable single-family housing in the community and;
WHEREAS, the City of Muskegon is dedicated to promoting homeownership
throughout its neighborhoods;
NOW THEREFORE, BE IT RESOLVED that the City Commission hereby
approved the sale of the rehabilitated single-family home located 322 Amity to
Idella Levelston for the price of $60,000.
Adopted this 22 nd day of April, 2003
Ayes: 7
Nays: 0
MEW_ Resolution
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
~pril 22, , 200:3 The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
Gail A. Kundinger, City Clerk
2003-38 (a)
QUIT-CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, Ml 49440,
QUIT CLAIMS TO: Idella C. Levelston, of344 Amity, 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 E 36 FT of S 92 FT LOT 15 BLK 204
for the sum of Sixty Thousand and no/ I 00 Dollars ($60,000.00)
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 __A~p_r_i_l______, 200_]__.
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this(l'/Jli day of ~o·/ ,
200_2._, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respecively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY:
~
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: ? -,;:; ,..;-- 0 b
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 6 I 6/722- I 62 I
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
O:\CNS\COMMON\WPDATA\HOME\Good Neighbor $1 Homes\quit-daim.doc
Date: April 22, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Transmittal of 2002 Comprehensive Annual Financial Report
SUMMARY OF REQUEST: The City's 2002 Comprehensive Annual Financial
Report (CAFR) has previously been distributed to City Commissioners. At this time
the CAFR is being formally transmitted to the Commission in accordance with state
law. The 2002 CAFR has been prepared in accordance with GASB 34 accounting
standards and is markedly different than in previous years. For this reason,
Commissioners may wish to have a more in-depth review of the report at the monthly
work session.
FINANCIAL IMPACT: None. The CAFR report summarizes the City's financial
activities for 2002 and includes the independent auditor's unqualified opinion on the
City's financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the 2002 CAFR.
COMMITTEE RECOMMENDATION: There is no committee recommendation
at this time.
9/18/97
Commission Meeting Date: April 22, 2003
Date: April 16, 2003
To: Honorable Mayor & City Commission (\;; ,
From: Planning & Economic Development Department~)
RE: Creation of HDC Study Committee
SUMMARY OF REQUEST:
Members of the Historic District Commission and various other organizations are concerned
about the historic structures located within the mall. For new historic district establishment,
the state statute requires that the City Commission appoint a study committee to conduct all
necessary research and reports. The committee shall contain a majority of persons who
have knowledge or interest in historic preservation, and shall contain representation from a
local historic preservation organization. The request is to appoint a study committee to
determine whether certain buildings located in the mall should be designated in an historic
district.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends to appoint Brian Lazor and Bob Grabinski as staff to the study committee
and to approve the attached resolution and authorize the Mayor and Clerk to sign said
resolution.
COMMITTEE RECOMMENDATION:
The Historic District Commission Chairman recommends the appointment of the following
persons to the study committee: Daniel Chambers, Lawrence Spataro, Mary O'Connor, Jon
Colburn and a member of the Charter Development Group. The Historic District
Commission has voted to recommend that the City Commission approve the creation of the
study Committee with the members identified.
___-_-_-_-~-----=-=-=-=--~--------=----=----=----=----=----=-=~
Resolution No. 2003-38 ( c)
MUSKEGON CITY COMMISSION
RESOLUTION TO APPOINT MEMBERS TO THE STUDY COMMITTEE TO PERFORM
RESEARCH AND REPORTS AS A REQUIREMENT FOR ESTABLISHING AN HISTORIC
DISTRICT.
WHEREAS, the resources located in the mall are described as: CITY OF MUSKEGON
REVISED PLAT OF 1903, Lot 16 EXC SWLY 8 FT, BLK 565 (Daniels); CITY OF
MUSKEGON REVISED PLAT OF 1903 LOT 17, BLK 565 (Century Club); CITY OF
MUSKEGON REVISED PLAT OF 1903, LOT 18, BLK 565 (Savings and Loan/ GTE); CITY
OF MUSKEGON REVISED PLAT OF 1903, LOT 8, BLK 311 (Natipnal City); CITY OF
MUSKEGON REVISED PLAT OF 1903, LOT 11, BLK 310, AND THEE 35 FT OF N 10 FT
OF V AC FIRST ST AND N ½ OF V AC E/W ALLEY ADJ. TO SD PROP (Hackley Bartle);
WHEREAS, a historic district designation allows the use of historic preservation tax credits;
WHEREAS, the historic preservation tax credit can only apply to rehabilitation of historic
structures located within an established historic district;
WHEREAS, under state statute in establishing an historic district (section 399.203 of Public Act
169), the local legislative body shall appoint an historic district study committee, which shall be
charged to conduct basic research, inventory, and determine the historic significance of a
resource or resources within a proposed historic district;
WHEREAS, the study committee shall perform the basic research and reports to meet the
requirements of the state statute; and shall be charged to perform one specific project then
dissolved.
NOW THEREFORE BE IT RESOLVED, that a study committee be created to consider this
specific proposed historic district.
Adopted this 22nd day of April, 2003
Ayes: 5
Nays: 2
Absent O
CERTIFICATION
I hearby 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 April 22, 2003. ,--\ ' ~ .
By ,:J,h:;..lo
Gail A. Kundinger, MMC, C
~
rk
Commission Meeting Date: April 22, 2003
Date: April 15, 2003
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department e,8G
RE: Approval to submit Notice of Intent (NOi) for
Partnership for Traditional Neighborhood
Redevelopment (ParTNeR) Program
SUMMARY OF REQUEST: The City of Muskegon has been invited to submit a NOi
for the ParTNeR program, through the State of Michigan. If the NOi is approved, the
City will be asked to submit a formal grant application. The actual grant funds will be
requested through the County of Muskegon, since they will be additional CDBG
funds that only the County is eligible to receive. If the grant is accepted, the County
will receive the grant funds (acting as fiduciary) from the State. The City of
Muskegon will actually administer the program. The funds will be used to hire a
consultant to conduct a plan, and to complete an infrastructure project on Third Street
(see attachment). In order to apply for the NOi, the City Commission is requested to
approve the attached resolution.
FINANCIAL IMPACT: If approved for the grant, the funds will be used to cover the
costs of a consultant to conduct a plan for the identified area (see map attached) and
to purchase two buildings on Third Street for demolition and/or renovation. In
addition, funds will be used for streetscape improvements. The amount being
applied for is $400,000. The local match must be 10 percent, or $40,000. The City
would pledge $20,000 in CDBG funds, and the Community Foundation for Muskegon
County would pledge $20,000 from their MSHDA funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached resolution and authorize the
Mayor and Clerk to sign.
COMMITTEE RECOMMENDATION: None.
Resolution No. 2003-38 ( d)
MUSKEGON CITY COMMISSION
RESOLUTION AUTHORIZING THE SUBMITTAL OF A
NOTICE OF INTENT TO PARTICIPATE IN THE STATE PARTNERSHIP FOR TRADITIONAL
NEIGHBORHOOD REDEVELOPMENT (ParTNeR) PROGRAM
WHEREAS, the Michigan Economic Development Corporation (MEDC), in partnership with the
Michigan State Housing Development Authority (MSHDA) and the State Historic Preservation
Office (SHPO), is requesting Notice of Intent (NOi) submissions for the ParTNeR program; and
WHEREAS, the City of Muskegon has been invited to submit a NOi, as the central city of the
County of Muskegon; and
WHEREAS, funds are available through the Community Development Block Grant Program,
through the County of Muskegon, for economic development infrastructure projects, and
WHEREAS, the proposed area for the ParTNeR program includes the commercial corridors along
Western Avenue between Third and Eighth Streets; and Third Street between Western Avenue
and Merrill Streets, and the residential areas bounded by Third Street, Muskegon Avenue,
Shoreline Drive and Eight Street; and
WHEREAS, it is the intention of the City that the Project will include a comprehensive
neighborhood revitalization planning process, as well as an infrastructure project that involves the
acquisition of buildings on Third Street, to be rehabilitated and/or demolished, and to provide
parking lot improvements and streetscape improvements along Third Street;
NOW, THEREFORE, BE IT RESOLVED, THAT the City Commission authorizes staff to submit
an NOi to the MEDC, and if approved for the ParTNeR project, to coordinate the project with the
County of Muskegon and the Community Foundation of Muskegon County,
AND, BE IT FURTHER RESOLVED, THAT the City Commission authorizes the expenditure of
$20,000 in CDBG funds to be used towards the match, if the grant is approved by the MEDC for
the project.
Adopted this 22nd of April, 2.003
AYES: 7
NAYS: 0
ABSTAIN:
0
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on
April 22, 2003fhe meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By LQ.
Gail
iL~
Kundinger, CityClek
A.
Partnership for Traditional Neighborhood Redevelopment (ParTNeR)
Proposed Project for Muskegon
(April 15, 2003)
Overview
The local group that will be applying for the ParTNeR Program from MEDC, MSHDA
and MSHPO, consists of the City and County of Muskegon, the Neighborhood
Investment Corporation (NIC) and the Community Foundation of Muskegon County.
We only became aware of the potential for this grant in December, and began generating
ideas at that point.
We received the Notice oflntent (NOI) form from the MEDC on April 1, and we have
until April 25 to submit it. The City of Muskegon is the only city in the County that is
eligible to apply for the grant, as it is the Core City. The City of Muskegon must be the
applicant for the NOL The grant funding is available through an additional Community
Development Block Grant (CDBG) allocation, that will come directly through the
County. Therefore, the County must be the applicant for the actual grant funds.
The local community must provide a 10% match for the CDBG funds. The matching
funds will be used to fund a consultant that will develop a neighborhood revitalization
plan for our area (we are anticipating that the Plan can also be used to address the
Neighborhood Preservation Plan/NPP that NIC is working on). The consultant is
expected to cost between $30,000- $40,000 per community. If the City is able to
contribute more than the amount needed for the consultant, the funds can be used directly
towards the project that is identified.
Part of the grant requirement is job creation or a low-moderate benefit. In addition to the
match, additional investment and benefit to the area must be identified.
Proposed Project for Muskegon
NIC has already acquired the Walt Plant building on Third Street. They will put offices
on the first floor and residential on the second. They are also improving the parking lot
in the rear. There are two buildings next to Walt Plant (to the South) that are for sale.
The City could purchase these with the grant funds, and then ownership could be given to
NIC. The City could possibly contribute rental rehab funds and MSHDA may be another
source for funding the residential. One building should probably be demolished, the
other (formerly Mosley's Driving School) can be rehabilitated for retail on the first floor
(a restaurant is a possibility) and residential above (possibly loft apartments). A walkway
can be constructed from Third Street to the rear parking lot, on the property where the
building will be demolished. Streetscaping, that will be consistent with that proposed on
Western Avenue (in our MDOT Transportation Enhancement Grant) can be added along
Third Street, and through the walkway to the rear parking. The rear parking lot will also
be improved. The proposed budget for this project is:
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-049-
1698 Seventh.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1698 Seventh 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: 02-049 - 1698 Seventh
Location and ownership: This structure is located on Seventh Street between
E. Dale and Larch and is owned by Edward McKenzie.
Staff Correspondence: This structure was written as a dangerous building
9/6/02. A notice for an interior inspection was issued 10/9/02, but the interior
was not conducted due to failure of the owner to appear. A Notice and Order to
repair or remove was issued 11/25/02. The case was heard before the HBA
2/6/03 and the board declared the structure substandard and a dangerous
building on that date. The city boarded the property twice after the owner was
notified and failed to secure the building.
Owner Contact: There has been no contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $17,100
Estimated Cost of Repairs: $3,000 plus cost of interior repairs.
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File#: 421875
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Edward McKenzie
PROPERTY: 1698 Seventh
PARCELNO: 24-205-449-0002-00
DESCRIPTION: Lot 2 Blk 449
FROM RECORDS OF TRANSNATION TITLE
LIBER: 2070
PAGE: 113
DATE OF DEED: January 31, 1998
GRANTOR NAME & ADDRESS: Mahesh Properties, L.L.C., 3713 Norton
Hills, Muskegon, MI 49441
GRANTEE NAME & ADDRESS: Edward McKenzie, 860 Evart, Muskegon,
MI49442
LIENS OR MORTGAGES: 2070/114; 2133/664; 3158/37
TODAY'S DATE: September 12, 2002
EFFECTIVE DATE: August 22, 2002 at 8:00 AM
Abstracted by: ~ tl, ~
TRANSNAON TITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
.--~.·--•-,.=-~·-··--····---.--------,,....--------....--,-------
c:,,;,,&o- 6
/50,c:>() - s
·2Q70im113
/ 7.)., {),:) ST ATE 01' M!C1111,M,
..COUNTY Ol'J~U'.:,;Ft,'.J:_c-~·-· ·-<-·
RECEIVED\~':·· :
1998 FfP 26 PM 3, .17 .
?
(!..tUA.,,~!..
. '
<.lc:1-1:,?;;;.,:
RE(,1$1£{1 or flr=FOS.
WARRANTY DEED STATUTORY FORM FOR INDiVIDUA.LS
This Indenture, Dated this day of:
KNOW ALL MEN BY THESE PRESENTS THAT: JANUARY 31, 1998
MAHBSH PROPBRTIBS, L. L, C., A MICHIGAN LIMITED LIABILITY CO
37!3 NORTON HILLS
MUSKEGON, Ml 49441
Convey(s) and Warrant(s) Toi
EDWARD MCKENZIE, A MARRIED MAN
860EVART
MUSKEGON, Ml 49442
for the sum or
TWENTY THOUSAND AND 00/100 DOLLARS ···($20,000.00)
the following de.,crlbed premises slluated In
THE CITY OF MUSKEGON, COUNTY OF MUSKEGON ANli STATE OF MICHIGAN TO WJT:
LOT 2, BLOCK 449, REVISED PLAT OF THE CITY OF MUSKEGON AS RECORDED IN LIBER 3 OF
PLATS, PAGE 71, MUSKEGON COUNTY RECORDS, P.P. #61·31·30455-009 [06831]
THIS DEED IS GIVEN PURSUANT ·TO A LAND CONTRACT BETWEEN THE PARTIES DATED
SEPTEMBER I, 1996. GRANTORS DO NOT WARRANT ANY ACTS OR OMISSIONS OF GRANTEES SINCE
THE DATE OF SAID LAND CONTRACT, SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS
AND LIMITATIONS OF RECORD, IF ANY, =~-• ., .., ., . n . .. . ~ ·
Parcel/161- . • . •- -1@8':2 -· •
i------1.,_,.~..:;.QQ.S, .1
Signed and Scaled
MAHESH PROPERTIES, L, L, C,, A MICHIGAN
LIMITED L~JLITY CO
BY
MAHIMAHES~
p~
ITS OWNER
STATE OF MICHIGAN COUNTY OF MUSKEGON
The ,foregoing Instrument wu acknowledged before me Ill
ON JANUARY 31, 1998 BY MAH! MAHESH, OWNER MICHI;ijSTATURIWSFER TAX ,:
OF MAHBSH PROPERTIES, L. L. C., A MICHIGAN I of~
M G rurrv
172 00,•
• ':! · ·
LIMITED LIABILITY CO
0992 . 1998 $ . 22.00!'1:.· ..
• · 00158557 · s 150, 00 's'
PREPARED BY:
MAHESH PROPERTIES, L. L. C.
3713 NORTON HILLS
MUSKEGON, MI49441 .,
cite R, Weaver . -····
ASSISTED BY: NOTARY PUBLIC MUSKEGON COUNTY, MICl«GAN
THE TITLE OFFICE, INC. MY COMMISSION EXPIRES: 09/03/1998
493 WEST NORTON
MUSKEGON, MICHIGAN 49441 WHEN RECORDED RETURN TO
·~GRANTEE
·'" ... __ ..
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;'.;:~,: ;;-:~ ;,:;:.':,~·: ~:~: !~~ :'.:'.:~::;i: :i~\: ~~;;·f.x~)~;;: :~, ;~:+g:', ~~.~C-:,:;~f.~,'i~~;g;i:,1J~;r~t:~:~i~;,;, ' '
1 1
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
1698 Seventh
(Address of Property)
TO: All owners and interested parties:
Edward McKenzie, 739 Allen, Muskegon, Ml 49442
TMS 4837 Watt Ave. North Highlands. CA 95660
(Other interested parties)
Muskegon County Treasurer. P.O. Box 177. Muskegon, Ml 49443
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
F ~ HOUSING BOARD OF APPEALS
By ~J~fSd ll,c,.J..· .l: •
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
To: Edward McKenzie, 739 Allen, Muskegon, Ml 49442
Owners Name & Address
TMS 4837 Watt Ave, North Highlands, CA 95660
Names & Addresses of Other Interested Parties
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 1698 Seventh.,_Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
\ ,i! ' ,.·
F~HE HOUSING BOARD OF APPEALS
I ;jg_,
RobEjrt B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 1698 Seventh
TO: Edward McKenzie, 739 Allen, Muskegon, Ml 49442
[Name & Address of Owner]
TMS, 4837 Watt Ave, North Highlands, CA 95660
[Names & Addresses of Other Interested Parties]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 11/25/02.
At the hearing on Thursday, February 6, 2003, at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CIT~~i~Et~N INSPECTION DEPARTMENT,
: : B E ~ & ~ ~ ~ F APPEALS
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: November 25, 2002
Address of the Property: 1698 Seventh
TO: Edward McKenzie, 739 Allen, Muskegon, Ml 49442
[Name & Address of Owner]
TMS, 4837 Watt Ave. North Highlands, CA 95660
Names & Addresses of Other Interested Parties]
Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1 ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1698 Seventh,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
~ F MUSKEGON INSPECTIONS DEPARTMENT
,IMv31L._1~~1.
1
Robert B. Grabinski, Director of Inspections
Affirmafl11e Action
23 l/724-{'i703
FAX/722-1:.!14
Asse55or
2311724-6708
FAX/726--5181
Cemetery
23 I /724-6783
FAX/726--5617
Clvll Sen-·lce
l\01·ernber .J. ~001
231/724-6716
FAX/724-4405 West ~Uchlgan's Shoreline City
Clerk Echrnrd McKenzie
2)1/724-6705
FAX/724-4178 739 Allen Ave.
Comm. & Neigh.
Muskegon. M[ 49442
Senfres
231/724-6717
FAX1726-2501 Dear Property Owner:
Engineering
231/724-6707 Subject: Board-up: 1698 Seventh St., Muskegon Ml
FAX/727-6904
Finance The structure owned by you at the subject address has recently been found to be
231/724-6713
FAX/724-6768 dangerous because it is unsecured. Unsecured structures are not only an invitation to
children, but also to vagrants, vandals. and others who would use them for illegal
Fire Dept.
231/724-6792 purposes.
FAX/724--6985
Income Tai:: To combat this. City building regulations require that windows, doors. or other openings
231/724.fJ770
FAX/724-6768 on vacant structures be kept intact and securely locked or neatly boarded up in order to
prevent entrance by unauthorized persons. Please board up/secure all doors and first
Info. Systems
23l/724.fJ744 floor windows of all structures. Boarding must be done with exterior grade plywood
FAX1722-4301
at feast½ inch thick which is painted to blend with the colors of the building so as to
Leisure Service be as inconspicuous as possible.
231/724-6704
FAX1724-1196
Please note, however. that under City ordinance a property may not remain boarded up
Manager's Office
23l/724.fJ724 for longer than 180 consecutive days. As a dangerous building, your structure(s) must be
FAX1722-1214 secured within ten (10) days of the date of this notice. [fthe building is not secured
Mayor's Office within this time frame, the City of Muskegon will take action to hal'e it secured and the
231/724-6701
FAX1722-1214
cost assessed against the property.
Any unpaid in\'Oices could be sent to a collection agency and may affrct your credit
Inspection Services
231/724-6715 rating if not paid.
FAX1726-2501
Planning/Zoning If you ha\'e any questions concerning this matte
231/724-6702 724-6715.
FAX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
mcetlt__~ ~ . ~-·
231/724-4I00 Rob rt B. Grabinski
FAX1722-4188
Dir ctor [nspections Dept.
Roturn n»u,ipt Fee,
Treuurer rn (tndurser1wn1 1-\l•qi1i;HJ1
231/724-6720 r'l
Rr,stnstcd Otdi\'tW·-' h•c,
FAX/724-6768 D (Ln,i',l~<elll~l)'. li,;q\,1rt•cii
D
Waler BIiiing D~pt.
D
231/724-6718 ru ----- ------·- __ -___ ·___ :::-· . __ :__·_ -- -_--
________ -----.--.
FAX.1724-6768 Lil ! f wc~u;·t ';; N!mw (Plo1y,r• /·'fin/ t:fo~,rly) (To /Jo comploted by mm/er)
D !1_____ .~___(__ , i~'.'?~~:!-L!. 1
•
Sir"f'rei, Ii.pi. N,;,; r,r ."0 £:,,,.- N,-,
__ { ) \ _ ( _((A.-.s-_-;.1.7~~---·•----------
Water Filtration
231/724-4I06 Di
FAX1755-5290 ~ h:i1)::::;i.~i~'.·2:,r:.-:i -·--
I"- !
City or Muskegon, 933 Terrace Street, P.O. llol'tff'.~iJ,{;;~;;, (i\ '£}1}1~t?)7;""'t'l!Tt¥cftt!fill:mm1f/m;;,'
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: October 9, 2002
Address of Property: 1698 Seventh
TO: Edward McKenzie, 739 Allen, Muskegon, Ml 49442
[Name & Address of Owner]
TMS, 4837 Watt Ave. North Highlands, CA 95660
(Interested Parties)
Muskegon County Treasurer, P.O. Box 177. Muskegon, Ml 49443
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
\Ve intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Thursday, October 24, 2002
at 1:30 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Robert B. Grabinski, Director oflnspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1698 SEVENTH
9/6/02
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Structure boarded over 180 days.
3. Siding is damaged.
4. Foundation requires repair.
5. No utilities.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
~ F THE MUSKEGON CITY CODE.
U:.t_~ lLJ;_,Je_•
1 C/ ~ 0 ,•
RO ERT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
O:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1698
Seventh.doc
HBA Minutes 2/6/03
Case #02-49-1698 Seventh - Edward McKenzie, 739 Allen, Muskegon, Ml
49442
No one was present to represent this case and there has been no contact from
the owner.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
13 ofl8
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-83-
1686 Seventh.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1686 Seventh 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: 02-83 - 1686 Seventh
Location and ownership: This structure is located on Seventh Street between
E. Dale and Larch and is owned by Dan Heller.
Staff Correspondence: This structure was written as a dangerous building
12/9/02. A notice for an interior inspection was issued 11/1/02, but the interior
was not conducted due to failure of the owner to appear. A Notice and Order to
repair or remove was issued 12/18/02. The case was heard before the HBA
2/6/03 and the board declared the structure substandard and a dangerous
building on that date.
Owner Contact: There has been no contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $37,700
Estimated Cost of Repairs: $12,000 plus cost of interior repairs.
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File#: 422891
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Dan Heller
PROPERTY: 1686 Seventh Street
PARCEL NO: 24-205-449-0001-00
DESCRIPTION: Lot 1 Blk 449
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1392
PAGE: 644 and 645
DATE OF DEED: May 1, 1987 and May 4, 1987
GRANTOR NAME & ADDRESS: Mary Lou Hunt, Independent Personal
Representative of the Estate of Craig M. Meier, deceased and Barry M. Meier
GRANTEE NAME & ADDRESS: Daniel James Heller ands wife Mary
Katherine Heller
LIENS OR MORTGAGES: 1967/948 Mtg. 2109/107
TODAY'S DATE: October 30, 2002
EFFECTIVE DATE: October 4, 2002 at 8:00 AM
Abstracted by: ) i_f_
/ l~ l:_ -l/ · ')[_) ~- /.L.
TRANS ATION TITLE INSURANCE COMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
H. l I
The Orantor(1} Barry M. MeieJ:, a ;single man
139 Monroe, Muskegon, Michi<<an :~9441 '
convey(•)and ,nrrant(1) to Daniel !ame·s Heller and wife, Mary
Katherine Heller, as tenants in,· common 1"7 MAY 20 p 2, c
P.O. Box 181, He :peria, Michigan 49421
-.,-.·-..'. -.:_..:.-:..." .
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who,e addreu ii
'
the following deacribed preml&es situat..!d in th.· City
oC Muskegon , County of Muskegon
and St.te of Michigan:
An undivided one half i~terest in Lot 1, Block 449,
Revised Plat (of 1903) of the City of Muskegon, ·•
as recorded in Liber 3 of !>lats, Page 71, :'-\uskegon Coun~?' R(, ''lrds
forthe"-lmof Thirty-six Thousand! Five Hund.·ed Dollars ($36,500)
1ubJed to eaaement1 and building and us" rnst:;ktions of r<'coni ~nd furthN subfoct to lie~s, encumbrances an:1 other
acts of parties other than'the 1.9rantor since March 8, 1982, the date of a land con.ract
between the parties pursuant to ·which this dPed is given. !)
1:,
, 19 87
,
'i;
..., · Oept•. of
Toxatron
,uh!m
,. 1,
STATE OF l\1ICIIIGAN'.. '}
I SS.
COUNTY OF Mn ak MOO "
The forqolng instrument wu acknowledg"d bc,forc, mc, this--"'"'--- cl~y of ____#{-p.U.O--:;,..._________
19___fU__, by '
.,(((if{.y~!pjA~-
Notuy Public, Muskegon Countr.
Michignn
October 29, 1988
I
Mycommission,;,xpirc,~;'.
., I' r
l
County Trei.rurer•• Cerlificate
•!.
I C,,:,
Sc,nd Subsequent Tax Dills To:
Grantee
Drafl<'d By:
Robert L, Forsythe Iii&
I
BusincM Addrc,ss:
500 Lumberman's Bank Bldg.
Muskegon, MI 49443
(Street AddrelS)
(City and Stale)
Tu Parcel• o &r 30 Recording Fee Transfer Tax
* TYPE OR PRINT NAMES UNDER SIGNATURES.
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
1686 Seventh
(Address of Property)
TO: All owners and interested parties:
nd
Dan Heller, 192 St. Hesperia, Ml 49421
Aggressive Mortgage Corp, 21800 W. 10 Mile Rd. #209, Southfield, Ml 48075
(Other interested parties)
Eguicredit Corp, 10401 Deerwood Park Blvd, Jacksonville, FL 32256
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
FO~M
CITY OF MUSKEGON INSPECTIONS DEPT.
~ArrtS
By_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Robert Bi Grabinski, Director of Inspections
AFFIDAVIT OF SERVICE OR MAILING
OIINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
nd
To: Dan Heller, 192 St. Hesperia, Ml 49421
Owners Name & Address
Aggressive Mortgage Corp, 21800 W.10 Mile Rd #209, Southfield, Ml
48075
Names & Addresses of Other Interested Parties
Equicredit Corp, 10401 Deerwood Park Blvd, Jacksonville, FL 32256
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 1686 Seventh, Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
Rob&rt B. Grabinski, Director of Inspections
0 IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 1686 Seventh
nd
TO: Daniel Heller, 192 St, Hesperia, Ml 49421
[Name & Address of Owner]
Aggressive Mortgage Corp. 21800 W. 10 Mile Rd. #209, Southfield, Ml 48075
[Names & Addresses of Other Interested Parties]
Equicredit Corp. 10401 Deerwood Park Blvd, Jacksonville, FL 32256
Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 12/18/02.
At the hearing on Thursday, February 6, 2003 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTIQN..OEPARTMENT,
O~L?~+~O~INi ~0/f~ OF APPEALS
By ,{Cf(·. ·'--- . ~
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: December 18, 2002
Address of the Property: 1686 Seventh
nd
TO: Dan Heller, 192 St. Hesperia, Ml 49421
[Name & Address of Owner]
Aggressive Mortgage Corp. 21800 W. 10 Mile Rd. #209, Southfield, Ml 48075
Names & Addresses of Other Interested Parties]
Equicredit Corp, 10401 Deerwood Park Blvd, Jacksonville, FL 32256
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1686 Seventh,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: November 1, 2002
Address of Property: 1686 Seventh
TO: Dan Heller, 192nd St. Hesperia, Ml 49421
[Name & Address of Owner]
Aggressive Mortgage Corp, 21800 W. 10 Mile Rd #209, Southfield, Ml 48075
(Interested Parties)
Equicredit Corp. 10401 Deerwood Park Blvd, Jacksonville, FL 32256
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Wednesday, November 20,
2002 at 11 :30 A.M. Failure to appear and allow the inspection will result in this
office seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Rob rt B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
I 686 SeYenth
12/9/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing. mechanical.
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Roof system deteriorating. provide access for complete roof system inspection.
3. Siding around entire perimeter is ripped and/or warped and falling off building.
4. Windows and doors arc in need of replacement or repair. Broken brick molding -
frames need to be sealed and protected from weather elements.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT TI-IE STRUCTURE MEETS THE DEJ'JNJTJON OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH lN SECTION
4-23 OF THE MUSKEGON ClTY CODE.
_\'.:J.-,- q / C ;-L
HENRY FAD JNOWSKL BU[LDJNG INSPEClz'C R DATE
O:· Inspections'.Grabinski_Lorrnine\Word .DANGEROUS BUILDING INSPECTION REPORTS -1686
Seventh.doc
I-IBA Minutes 2/6/03
Case #02-83-1686 Seventh - Daniel Heller, 192nd St. Hesperia, Ml 49421
No one was present to represent this case and there has been no contact from
the owner.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Clara Shepherd and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
se #02-47 - 1119 Sophia - Eugene Robar, 122 Meadow Hills #7, F
Ml 12
ent to represent this case and there has
Staff Recommendation: De e this buildin
and dangerous building and fo
A motion was made by Randy M
staff recommendation.
AYES: EXCUSED:
Nick Kroes
14 of 18
Consultant Fee $40,000
Acquisition of two buildings $60,000
Rehabilitation of one building $80,000
Demolition of one building $10,000
Construction and landscaping for
Walkway between buildings $15,000
Parking lot improvements $50,000
Fa,;;ade improvements $20,000
Design Costs $40,000
Streetscape improvements $125,000
TOTAL $440,000*
*Includes $400,000 for CDBG grant and $40,000 for local match
The possibility may exist to sell the renovated building in the future, and start a revolving
fund for additional building acquisition and improvement.
Another aspect of this grant is to request that the funding agencies encourage the
Michigan Department of Transportation (MDOT) to approve the City and County grant
request for the Enhancement Grant. This grant has been submitted to MDOT at least
three times (most recently in March 2003). If approved, the grant will fund landscaping
and bumpouts on Western Avenue between Third and Ninth Streets. It also includes
improvements to the County's depot building. It only makes sense to combine the
improvements outlined in the Enhancement Grant application, with those requested in the
ParTNeR Program.
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-058-
570 Catawba (Garage).
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 570 Catawba (Garage) Is unsafe, substandard, a public nuisance and
that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: 02-058 - 570 Catawba - Garage only
Location and ownership: This structure is located on Catawba between Maple
and Chestnut. It is owned by Aristotle Stewart who lives there.
Staff Correspondence: This structure was written as a dangerous building
9/11/02. A Notice and Order to repair or remove was issued 9/26/02. Steve
Sanders appeared at the HBA meeting 12/5/02 and stated he holds the land
contract on the property and that he would repair the garage. There has been no
contact from the owner since then.
Owner Contact: Attended the HBA meeting.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $1700
Estimated Cost of Repairs: $2,500
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
~----
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
570 Catawba
(GARAGE)
9/11/02
Inspection noted:
1. Garage fire damaged. Repair.
2. Roof deteriorated - replace.
3. Footing and foundation inspection required.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
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.
HENRY ALTINOWSKI, BUILDING I SPECTOR DATE
O:\lnspections\Grabinski_l.orrainc\ Word\Di\NGEROUS BUILDING INSPECTION REPORTS\570
Catawba ~G.doc
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: September 26, 2002
Address of the Property: 570 Catawba (Garage), Muskegon, Michigan
TO: Aristotle Stewart, 570 Catawba, Muskegon, Ml 49442
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. '--'X,___ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2 _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 570 Catawba (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
61att~l~~PARTMENT
'
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: November 25, 2002
Address of the Property: 570 Catawba (Garage)
TO: Aristotle Stewart, 570 Catawba, Muskegon, Ml 49442
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, December 5, 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30
o'clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous, substandard and a nuisance, and demolished,
or repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair issued 9/26/'12.
At the hearing on Thursday, December 5, 2002 , at 5:30 o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.
-·~
Cl~~:'fii~KJ.;"~~~5!~~,~~PARTMENT,
ON B E H ~ \ [ f ~ O OF APPEALS
By_--+-------------------
RobertB. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: December 6, 2002
To: Aristotle Stewart, 570 Catawba, Muskegon, Ml 49442
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, December 5, 2002 does hereby order that the
following structure(s) located at 570 Catawba (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 3.0 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORO\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
~ H E HOUSING BOARD OF-APPEALS:
~'i3 ;J,J;,Je_.
Rob~rt B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.OOC
'
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
570 Catawba (Garage only)
(Address of Property)
TO: All owners and interested parties:
Aristotle Stewart, 570 Catawba, Muskegon, Ml 49442
None
(Other interested parties)
On December 5, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
~~E HOUSIN-G BOARD OF APPEALS
By .
Ul~,<l ),- l
j J ~--~ .
,' ',-·"'Ji')
,,,l.CJL::·_·_--,-~.f ---·~-
Robert B. Grabinski, Director of Inspections
AFFIDAVIT OF SERVICE OR MAILING
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
HBA Minutes 12/5/02
DANGEROUS BUILDING NEW CASES:
#02-058 - 570 Catawba (Garage)-Aristotle Stewart, same address
Steve Sanders was present to represent the property. He holds the land contract
on the property. He stated he never received a notice on the garage. Mr.
Grabinski read the certified mail receipts showing who signed for the mail. Mr.
Sanders stated he will repair the garage.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, but delay forwarding to city commission for their
concurrence until March 2003 to allow Mr. Stewart time to repair the garage.
A motion was made by Randy Mackie and seconded by Jon Rolewicz to accept
staff recommendation.
A roll cal vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie Clara Shepherd
Jerry Bever
Jon Rolewicz
Nick Kroes
John Warner
The motion carried.
02-057 - 560 Catawba - Lee Berghuis, same address
Mr. Be · was present and stated he is in the process o airing the roof.
The front, e nd west sides are done. He does n ve the back of the
house done, due e weather. He has been i ntact with the Inspection
Department. He was e office on Octob and talked to Henry Faltinowski.
Henry stated the work is do but Mr. ghuis needs to schedule an interior
inspection and pull a permit for f repair.
Mr. Borgman stated part e reason · case is on the dangerous building list
is the length of time i ved in the repair cess. Mr. Berghuis stated he has
has been in a VA hospit
Mr. Gra · i stated because of the blight fight involve , ·s case was written as
ad rous building. He also stated because this home is er occupied and
roof work is almost completed at this point he will not require
3 of8
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-059-
453 Catherine.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 453 Catherine 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: 02-059 - 453 Catherine
Location and ownership: This structure is located on Catherine between Wood
and Williams. It is owned by the State of Michigan.
Staff Correspondence: This structure was written as a dangerous building
9/11/02. A notice for an interior inspection was issued 10/10/02, but the interior
was not conducted due to failure of the owner to appear. A Notice and Order to
repair or remove was issued 11/25/02. The case was heard before the HBA
2/6/03 and the board declared the structure substandard and a dangerous
building on that date.
Owner Contact: There has been no contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $7,300
Estimated Cost of Repairs: $3,000 plus cost of interior repairs.
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
___ ~i_J____l __ L __J~ 1___ L_____Ll___l__
1-----------------
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-- -497
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22 428 438 0 ,1011 ·--
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·-------··
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For The Inspection Department File#: 422134
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: State of Michigan
PROPERTY: 453 Catherine
PARCEL NO: 24-205-079-0002-10
DESCRIPTION: E ½ Lot 2 Blk 79
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3087
PAGE: 553
DATE OF DEED: August 28, 2000
GRANTOR NAME & ADDRESS: State of Michigan, 430 W. Allegan, Lansing,
MI48922
GRANTEE NAME & ADDRESS: State of Michigan, Department of Natural
Resources, Real Estate Division, P. 0. Box 30448, Lansing, MI 48909-7946
LIENS OR MORTGAGES: 2007/99; 2012/833; 2127/778
TODAY'S DATE: September 24, 2002
EFFECTIVE DATE: August 30, 2002 at 8:00 AM
Abstracted by: ~~ {)
TRANSNATIOTITLE INSURANCE COMP ANY
u~ )
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said infom1ation is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infmmation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
Sf ATE OF MICillGAN
COUt/TY OF MUS~EGtN
kcCEIVED FOR RECORD
1iIIJ SEP I 8 AH 9: 113
j;'i.Ll-~
REGISTER DEEDS
OF
u.;,,.,pn ~ olTreuury. LPS This deed Is exempt from Real l:6tate
465 (4,97)Formerly l•2J.f9
Transfer Tax and State Real Eslate
Transfer Ta.x ,mder MCL sections 207.505
STATE TREASURER DEED {H) and 207 .526 (H)(I) respectively
Issued llllde1 eulhonty or secoo11 211 67a. l,,!Cl 184882
On lhis 2nd of May, 2000 the grantor. Mark A Murray, State Treasurer, State of Michigan, 430 W. Allegan St., Lansing,
Michigan 48922, by his aut':'jrized represenlallve Thomas E. Willard, quit-claims the following described property to the State of
Michigan, whose address isifepartment of Natural Resources, Rea.I Estate Divls!on,P.O. Box 30446, Lansing, Michigan 48909-7948,
Title became absolute in the State of Michigan by court decree of lhe Circuit Court of the County named below and nonredempfion
from the 1999 tax sale within the statutory period. Under section 67a of PA 206 or 1893,as amended, the granter, for and in
consideration of the premises, conveys lo the grantee, Slate of Michigan, lhe following:
MUSKEGON County, State of Michigan.
Township of Blue Lake SN186
FRUl1VALE
Lois 1 to 48 incl Blk 22
610423200100
Township of Blue Lake SN190
FRUl1VALE
Lots 37 & 38 Blk 46
610425603700
Township or Blue Lake SN195
SUPERVISOR'S PLAT OF LAKEVIEW ADDITION TO FRUITVALE
Lois 55 & 56 Blk 3
610434305500
Continued on next page
Witnesses:
Drafted by Jan Rfal
Local Property Servlce5 Division
Treasury Building
STATE OF MICHIGAN ) Lansing, Michigan 48922
)$$
County of Ingham l
On this 28th day of August
by Thomas E. W,llard, aulhorized representat,ve ol !he Stale Treasurer. ,1 _
,2000 , the foregoing instrument was acknowledged belore me
,1 _
~w.fllw"""'--'C.<.,;.d,,:;;,c--::,.,C[._,,ttl'..c,~'"=:~---
My commission expires November 07, 2002 Toni L. Falcon. Notary Pubhc, Ingham County ,.--0
c;;;✓
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NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
453 Catherine
(Address of Property)
TO: All owners and interested parties:
State of Michigan, DNR Real Estate Division, P.O. Box 30448, Lansing, Ml
48909-7946
(Other interested parties)
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
1
Fop~ H us1N~OARD ~FAP~EALS
,../01 ,- L . J yf i., I\,,
,,...\ v....,_I:__ \() ,,(J.~ , ,.-.J:,.
By .
Robert,B. Grabinski, Director of Inspections
O:\INSPECTlONS\GRABINSKI_LORRAINE\VVORD1CC t1~EETINGS\ST ANDARD FORMS1NOTICE OF CITY COl1MvllSSION
HEAf~!NG.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 7, 2003
To: State of Michigan, DNR Real Estate Division, P.O. Box 30448, Lansing,
Ml 48909-7946
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals. having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 453 Catherine,_Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals. to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
FOR THE HOUSING BOARD OF APPEALS:
~
0 IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIOROER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 453 Catherine
TO: State of Michigan, DNR Real Estate Division, P.O. Box 30448, Lansing, Ml
48909-7946
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6 1 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish.
At the hearing on Thursday, February 6, 2003 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
RITY OF MUSKEGON INSPECTION DEPARTMENT,
ON B~!fl1~!~~:~~-~~tRD OF APPEALS
By-+------------------
Rob rt 8. Grabinski, Director of Inspections
0 \INSPECTIONSIGRABINSKI_LORRAINEIWOROIHBA MEETINGSISTANDARD FORl~SINOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: November 25, 2002
Address of the Property: 453 Catherine
TO: State of Michigan, DNR Real Estate Division, P.O. Box 30448, Lansing. Ml
48909-7946
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. '-'X'---_ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 453 Catherine,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: October l 0, 2002
Address of Property: 453 Catherine
TO: State of Michigan, DNR, Real Estate Division, P.O. Box 30448, Lansing, Ml
48909-7946
[Name & Address of Owner]
None
(Interested Parties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Tuesday, November 12, 2002
at 1 :30 P.M. Failure to appear and allow the inspection will result in this oHice
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
453 Catherine
9/11/02
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Structure vacant and boarded over 180 days.
3. Windows broken out.
4. No utilities.
5. Porch roof deteriorated.
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.
ROBERT B. GRABINSKL DIRECTOR or INSPECTIONS DATE
O:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\453
Catherine.doc
HBA Minutes 2/6/03
DANGEROUS BUILDING NEW CASES:
Case# 02-59 - 453 Catherine - State of Ml
No one was present to represent this case and there has been no contact from
owner.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by John Warner to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
David Holst, Byron Center, Ml
was present for the meeting and stated that he did wha as told to do.
is used for storage. Mr. Grabinski read the ins on report to clarify
what needs completed. Mr. Holst stated he neve eived it and Mr.
Grabinski stated tm,ljil<!Perwork was also posted o e building.
commission.
A motion was made
staff recommend · n.
NAYES: EXCUSED: ABSENT:
7 of18
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-047-
1119 Sophia.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1119 Sophia 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: 02-047 - 1119 Sophia
Location and ownership: This structure is located on Sophia between Wood
and Apple Ave. and is owned by Eugene Robar.
Staff Correspondence: This structure was written as a dangerous building
9/6/02. A notice for an interior inspection was issued 9/30/02. A Notice and
Order to repair or remove was issued 1/25/02. The case was heard before the
HBA 2/6/03 and the board declared the structure substandard and a dangerous
building on that date.
Owner Contact: There has been no contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $15,900
Estimated Cost of Repairs: $30,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File#: 421880
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Eugene Robar
PROPERTY: 1119 Sophia
PARCEL NO: 24-205-249-0009-00
DESCRIPTION: Pait of Lot 9 as follows NELY 40.4 ft. ofNWLY 34.6 ft. &
SWLY 34.4 ft. ofNELY 74.8 ft. ofNWLY 38.6 ft. ex Sly 2.66 ft. ofWly 2.4 ft.
thereof & Swly 57.34 ft. ofSely 30.2 ft. ofNwly 32.6 ft. of Lot 9 Blk 249
FROM RECORDS OF TRANSNATION TITLE
LIBER: 1074
PAGE: 99
DATE OF DEED: December 22, 1975
GRANTOR NAME & ADDRESS: Avis M. Bayer Howe, 4570 S. Broton Rd.,
Fruitport, MI 49415 ..,
GRANTEE NAME & ADDRESS: Eugene G. Robar and Paul E. Robar, 1119
Sophia Street, Muskegon, MI
LIENS OR MORTGAGES: 1602/909; 1602/922;1761/559
TODAY'S DATE: September 13, 2002
EFFECTIVE DATE: August 22, 2002 at 8:00 AM
' /'l I /'/ _ _
Abstracted by: V.1 cl I_ -, f_ • (,___ /,;): -r)/1ic<:' .,-... )
TRANSNATI N TITLE INSURANCE COMPANY
The above information is to be used for reference pufl)oses only and not to he relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infom1ation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title lnsurance Company.
Yi r:::w n::r;:
R X
um1G74 rm 99
Transamerma Title Insurance Co
-,.-(·'.-::fF;·:\!/\
(1
i
StA1t or MICHIG.',N --------'-------<L.S.)
r:OUNIY or MUSKcGON f
:u.. ;. ED fOR ~E:'.'OHO ~
·-------'------
14 PM 3 o.a---------'-------(L.S,).
J
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
1119 Sophia
(Address of Property)
TO: All owners and interested parties:
Eugene Robar, 122 Meadow Hills #7, Fremont, Ml 49412
Michigan Treasury Collection Div. P.O. Box 30158, Lansing, Ml 48909
(Other interested parties)
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FO~E,HOUSl,Ng13,,0A_i;f o; ~P1E;Ls
By {al:t-vi ,,(lj.,c-,~~~,
Robert lil. Grabinski, Director of Inspections
AFFIDAVIT OF SERVICE OR MAILING
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
To: Eugene Robar, 122 Meadow Hills #7, Fremont, Ml 49412
Owners Name & Address
Michigan Treasury Collection Div, P.O. Box 30158, Lansing, Ml 48909
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 1119 Sophia,_Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
F~F'tH!tr ~t-ALS
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 1119 Sophia
TO: Eugene Robar, 122 Meadow Hills #7. Fremont, Ml 49412
[Name & Address of Owner]
Michigan Treasury Collection Div. P.O. Box 30158, Lansing. Ml 48909
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 11 /25/02.
At the hearing on Thursday, February 6, 2003 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
By
B~ot~r~tt~~
Cl~MUSKEGON INSPECTION,DEPARTMENT,
0~
,
OF APPEALS
Robert B. Grabinski, Director of Inspections
O\INSPECTIONS\GRABINSKI_LORRAINE\WORO\HBA MEETINGS\STANDARD FORl✓,S\NOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE
DATE: November 25, 2002
Address of the Property: 1119 Sophia
TO: Eugene Robar, 122 Meadow Hills #7, Fremont, Ml 49412
[Name & Address of Owner]
Michigan Treasury Collection Div. P.O. Box 30158, Lansing, Ml 48909
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. '--'X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1119 Sophia, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
C)JY-OF MYSKEG?N,'NSPECTIONS l~EPARTMENT
J I j I I-< . , r, 7 •
~ 'i_d /\_-/,..(_ ··--·· _, :~".,:;..t::,._
Rob B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1119 Sophia
(INTERIOR INSPECTION)
10/30/02
Inspection noted:
1. Service installed - no permit.
2. Building has knob and tube. and romex wiring.
3. Building has open splices.
4. All wiring to comply with 2000 MRC.
5. Plumbing needs to be replaced.
6. Heating system inoperable and needs to be replaced.
7. foundation repair needed. Stabilize foundation walls, tuck point. repair all
damaged flooring, joists, decking. Horne is in need of structural repair.
8. Replace or repair numerous damage to interior ceiling and walls. llooring.
9. Stairs exterior and interior. structurally unsound. Upper stairway is in danger of
collapse.
I 0. Repair or replace all damaged windows in home.
11. Egress windows are required in bedrooms. Section R3 l 0.
12. Smoke alarms to be installed per Sec.R3 l 7 MRC 2000.
BASED UPON MY RECENT INSPECTION or THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 or THE MUSKEGON CITY CODE.
Henry Falt" 1owski. BUILDING INSPEG OR DATE
CJ :II nspections\G rnbinski_ Lorraine\ WorJIDAN G EROUS BlJ ILD ING INSPECT ION
REPORTS\STANDARD fORMSII I 19 Sophia.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: September 30, 2002
Address of Property: 1119 SOPHIA
TO: Eugene Robar, 122 Meadow Hills #7, Fremont, Ml 49412
[Name & Address of Owner]
Sir Inc, 5234 Portage Rd. Portage. Ml 49002
(Interested Parties)
Green Tree Acceptance. 3835 28 th ST SE. P.O. Box 888347. Grand Rapids.
Ml 49588-8347
Michigan Treasury Collection Division. P.O. Box 30158, Lansing. Ml 48909
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Wednesday, October 30,
2002 at 2:00 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
1119 SOPHIA
9/6/02
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Structure vacant and boarded over 180 days.
3. Windows broken out and open.
4. Yard full of trash.
5. Rear of structure open to vermin.
6. Exterior not weather protected.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
A-230r TJ~E MUJ1\EG.T c;,TY CODE.
101x):_ ,tf Ah,, ,.Jc. ?-(,,, C) )-
ROBERT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
O:1lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\! I I 9
Sophia.doc
HBA Minutes 2/6/03
Case #02-47-1119 Sophia-Eugene Robar, 122 Meadow Hills #7, Fremont,
Ml 49412
No one was present to represent this case and there has been no contact from
the owner.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by John Warner to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
e #02-77 -1447 Terrace (Garage)- Murray Vanderstelt, 1459 Terr
was present to represent this case. He is waiting for
e. He had a permit, but it expired 1/12/03.
he needs a ne,IA7"!..,rmit and the garage needs roof and s wall repair. Clara
Shepherd stated the ·s full of debris and needs e cleaned up. Officer
Stier spoke to him about the cars in the yar
A motion was made by
staff recommendati .
NAYES: EXCUSED: ABSENT:
15 of 19
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals Notice and Order
to demolish. Dangerous building case #03-01-784 Washington.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 784 Washington 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: 03-01 - 784 Washington.
Location and ownership: This structure is located on Washington between
Beidler and Henry Street and was owned by Jeffrey Brandel who has filed
bankruptcy.
Staff Correspondence: This structure was written as a dangerous building
after the housing inspector had the fire marshal do an inspection because of
dangerous conditions. A Notice and Order to repair or remove was issued
3/31/03. The case was heard before the HBA 2/6/03 and the board declared the
structure substandard and a dangerous building on that date. The structure has
had to be boarded by the city twice.
Owner Contact: There has been no contact.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $27,200
Estimated Cost of Repairs: $30,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File #: 424400
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Jeffrey Brandel
PROPERTY: 784 Washington
PARCEL NO: 24-205-342-0002-00
DESCRIPTION: Bile 342 Lot 2
FROM RECORDS OF TRANSNATION TITLE
LIBER: 2007
PAGE: 208
DATE OF DEED: July 15, 1997
GRANTOR NAME & ADDRESS: John M. Kowalski, a single man, 17076
Lovell, Spring Lake, MI 49456
GRANTEE NAME & ADDRESS: Jeffrey Brandel, a married man, 265 Church
Road, Twin Lake, MI 49457
LIENS OR MORTGAGES: 2295/459; 3276/458; 3276/460; 3276/462; 3417/388
TODAY'S DATE: January 23, 2003
EFFECTIVE DATE: December 23, 2003 at 8:00 AM
Abstracted by: ~ U. ~
TRANSNATIOTI!LEINSURANCECOMPANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. /\ccordingly, said information is furnished al a reduced rate, and the Company's liability sh.ill in no event
exceed the amount paid for said infotmation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
'g7//-'1
AFFIX REl'.l EST,._, MNSFER
11'" 2007?AG[208 TAX $TAMP AFTER RECOflDINO
'.. : .•' :· ,. ~ ::
1,;; ,.., ? I ::1 :\: 12
(!..1'
WARRANTY DEED STATUTORY FORM FOR INDIVIDUALS
Dated this day of:
This Indenture, JULY 15, 1997
KNOW ALL MEN H'I' THESE PRESENTS THAT:
JOHN M. KOWALSKI, A SINGLE MAN
18076 LOVELL
SPRING LAKE, Ml 494%
Convcy(s) and Warrant(s) To:
JEFFREY BRANDEL, A MARRIED MAN
265 CHURCH RD
TWIN LAKE, Ml 49457
for the sum or
REAL ESTATE TRANSFER VALUATION AFFIDAVIT flLEIJ
the following described premises .dluall'd in
THEC'ITY OF MUSKEGON, COlJNTY OF MUSKEGON AND STATE OF MICIIIGAN TO WIT:
LOT 2, BLOCK .14.2, REVISl::D PLAT OF THE CITY OF MllSKEGON, AS RECORDED IN UBER 3 OF
PLATS ON PAGE 71.
P.P. #5170
SUBJECT TO EASE~H'.NTS. RES ERV 1\TIONS, RESTRICTIONS AND l.lMITATIONS OF RECORD, IF ANY.
[';~~: '.: : ·~=-~ ·=:~:· ;·~~::i.;~.;:~\:~.~--=c~ ~,- ~~=~-~- ,
Signed and Scaled
~ r . . 'NJ.
., '-' /,,_L,'
.\'.\\,, \t-t j'()IJN~i.
_J
K()WALSKI
•
~--'-~---'-'~'---
U: NM. DAILY I
/ , ' /
MAI.LIE M. SI~(MONS
STATE OF MICHIGAN COUNTY OF MUSKEGON
The foregoing Instrument was acknowledged before me
ON JULY 15, 1991 BY JOHN M. KOWALSKI, A SINGLE
MAN
PREPARED BY:
JOHN M. KOWALSKI
18076 LOVELL
SPRING LAKE, Ml 49456
ASSISTED B'I':
THE TITLE OFFICE. INC.
493 WEST NORTON
MUSKEGON, MICHIGAN 49441
4664 LMD 611
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
784 Washington
(Address of Property)
TO: All owners and interested parties:
Jeffrey Brandel, 6451 Kedzi, Twin Lake, Ml 49457
Allegra Credit Co. 150 Allegheny Center Mall, Pittsburgh, PA 15212-5356
(Other interested parties)
Eguicredit Corp. 10401 Deerwood Park Blvd, Jacksonville, FL 32256
National City Bank, 3500 W. Broad St. Columbus, OH 43204
On March 6 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FOR.I-Hs_,HOUSING BOIDOF AP1P.EALS
c JJ ,__.. A·
By ~vi · JL:::,,,,. •
Robert ljl. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI LORRAll<F·WORD\CC MEETINGS•STANOARD FORl~S,NOTICE OF CITY COk1MISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2003
To: Jeffrey Brandel, 6451 Kedzi, Twin Lake, Ml 49457
Owners Name & Address
Allegra Credit Co. 150 Allegheny Gener Mall, Pittsburgh, PA 15212-5356
Names & Addresses of Other Interested Parties
~ 7 tjQ •..Aj ' I.,{
National city Bank, 3180 E. Broad St. Columbus, OH 43209
Equicredit Corp. 10401 Deerwood Park Blvd. Jacksonville, FL 32256
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, March 6, 2003 does hereby order that the following
structure(s) located at 784 Washington, Muskegon, Michigan, shall be demolished for
the reason that the said structure or structures are found, based upon the evidence
before the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISHDOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
#~±-
F ~ E HOUSl~c;. BOARD OF APPEALS:
\t< _)jJ;jg_.
Robert B. Grabinski, Director of Inspections
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: February 21, 2003
Address of the Property: 784 Washington
J q.,_: ; I tQ d-i t e
1
TO: Jeffrey Brandel, 265 Church, Twin Lake, Ml 49457
[Name & Address of Owner]
Allegra Credit Co. 150 Allegheny Center Mall, Pittsburgh, PA 15212-5356
[Names & Addresses of Other Interested Parties]
National City Bank, 3180 E. Broad St. Columbus, OH 43209
Equicredit Corp. 10401 Deerwood Park Blvd. Jacksonville, FL 32256
Please take notice that on Thursday, March 6 1 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued 1/31/03.
At the hearing on Thursday, March 6, 2003, at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
. Grabinski, Director of Inspections
O.IINSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
Memo
To: PIONEER RESTORATION
ATTN: DEB
From: Lorraine
CC: CDBG REIMBURSMENT FILE
Date: April 11, 2003
Re: REQUEST FOR BOARD UP
PLEASE BOARD THE FOLLOWING PROPERTIES
ADDRESS LOCATION TO BOARD/SECURE
784 Washington Board all unsecured windows and doors (rear window
missing-board)
IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CALL ME AT
(231) 724-6715.
THANKS!
• Page 1
CITY OF MUSKEGON::
Inspections · ~
Departmellt •
Memo
To: PIONEER RESTORATION
ATTN: DEB
From: Lorraine
CC:
Date: February 13, 2003
Re: REQUEST FOR BOARD UP
PLEASE BOARD THE FOLLOWING PROPERTIES:
ADDRESS LOCATION TO BOARD/SECURE - ~ - ~ -~~_ J
784 Washington Any broken windows and unsecured doors 1Sl& 2
nd
floors J
IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CALL ME AT
(231) 724-6757.
THANKS I
ii: Page 1
Affirmatl\·e Action
231/724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726-5181
Ceml'tery
231/724-6783
FAX/726-5617
CMI Sen·lce
February 4. 2()()3
231/724-6716
F AX/724-4405 \lest Mlchigan's Shoreline Cil)'
Clerk
231/724-6705
FA X/724-4178 Jeffrey Brandel
Comm. & Neigh.
265 Church Rd.
Sen·lces Twin Lake. Ml 49457
231/724-6717
FAX/726-2501
Dear Properly Owner:
Engineering
23 I /724-6707
FAX1727-6904
Subject: Board-up: 784 \Vashington. Muskegon MI
Finance
231/724-6713
FAX/724-6768 The structure ol\·ned by you at the subject address has recently hem found to be
dangerous because it is unsecured. Unsecured structures arc not only an i1witation to
Fire Dept.
231/724-6792 children. but also to \'agrants. vandals. and others who would use them for illegal
FAX/724-6985
purposes.
Income Tai
231/724-6770
FAX/724-6768 To combat this. City building regulations require that "·indows. doors. nr other openings
on vacant structures be kept intact and securely locked or neatly boarded up in order to
Info. Systems
231 /724-6744 prevent entrance by unauthorized persons. Please board up/secure all doors and first
FAX1722-4301
floor windows of all structures. Boarding must be done with exterior grade plywood
Leisure Ser\'lce at least½ inch thick which is painted to blend with the colors of the building so as to
231/724-6704
FAX/724-1196
be as inconspicuous as possible,
Manager's Office
231 /724-6724 Please note. hmw,·cr. that under City ordinance a property 111ay not remain boarded up
FAX/722-1214 for longer than 180 consecutive days. As a dangerous building. your slructure(s) must be
Mayor's Office secured \\·ithin ten (10) days of the date of this notice. If the building is not secured
231/724-6701
FAX/722-1214
within this time frame. the City of Muskegon "·ill take action to han, it secured and the
cost assessed against the property.
Inspection Sen·lces
231/724-6715 Any unpaid im·oices could be sent to a collection Uf'""~, ·"
FAX1726-2501 rating if not paid.
Planning/Zoning
231/724-6702
If you haw any questions concerning this matter. p .
211!,~t~~i\.,c
FAX/724-6790
Police Dept,
231-724-6715.
; .:,::r;·---
231/724-6750
Sincereh·.
FAX/722-5140
~ - ..
~#¾~ill·
Publlc Works
231/724-4100 1'-
IT'
FAX/722-4188
Postm<1rk
Treasurer Here
231/724-6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX1724-6768
Water Filfratlon
23)/724-4106
FAX/755-5290
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: January 31, 2003
Address of the Property: 784 Washington
TO: Jeffrey Brandel, 265 Church Rd, Twin Lake, Ml 49457
[Name & Address of Owner]
Allegra Credit Co. 150 Allegheny Center Mall, Pittsburgh, PA 15212-5356
(Interested Parties)
National City Bank, 3180 E. Broad St. Columbus, OH 43209
Equicredit Corporation, 10401 Deerwood Park Blvd, Jacksonville, FL 32256
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. X Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. --- Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 784 Washington, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
~ F MUSKEGON INSPECTION DEPARTMENT
J):J_vJ ,l;J,..
RobE)rt B. Grabinski, Director of Inspections
Affirmati\'e Action
616/724-6 703
fAX/722-1214
Asscs~ur
616/724-6708
FAX/724-4178
Cemetery
616/714-6783
FAX/726-:'i6 l 7
Ci,·il Sen·ice
6(6/724-6716
FAX/724-4055
West Michigan's Shoreline City
Clerk
616/724-670:'i
FAX1724-4178
January 16, 2003
Comm. & l\'eigh.
Sero ices
6!6/724-6717
FAX/726-2501
Engineering Occupants of 784 Washington
616/724-6707
FAX/727-6904
Re: Fire and Life Safety Violations
Finance
(,16/724-6713
FAX/724-6768 Dear Occupants:
Fire Dept.
616/724-6792 On 1/15/03 at 11: 15 AM, fire and building inspections were conducted at 784
FAX/724-698.S
Washington. The structure is a 2-stmy apaiiment house with four apmiments, two on
Income Tax the first floor and two on the second floor. During the course of the inspection several
616/724-6770
FAX/724-6768 fire and life safety violations were found and noted by the Fire Marshal and Housing
Info. Systems
Inspector. Due lo the seve1ity of the fire hazards, the Muskegon Fire Depaiiment Fire
616/724-6706 Prevention Bureau and City of Muskegon Inspection Services Department are
FAX/722-4301
classifying this building as an unsafe structure and not suitable for living. The following
Leisure Service fire and life safety issues were found:
616/724-6 704
FAX/724-1196 1. Electrical hazards.
:\1anagcr's Office 2. No working smoke detectors.
616/724-6724
FAX/722-1214
3. lmproper heating practices (unsafe).
4. Structure integiity problems.
Mayor's Office
616/724-6701
5. No fire extinguishers.
FAX/722-1214 6. Ceiling penetrations.
Neigh. & Const 7. No fire safety evacuation plan.
Sen:ices 8. Unsafe furnace.
(,16/724-671.S
FAX/726-2501 9. Poor housekeeping habits.
10. Leaking waler pipes.
Planning/Zoning
616/724-6702
FAX/724-6790
These items are violations International Fire Code sections below:
Police Dept.
616/724-67.S0
110.1 General. If during the inspection of a premises, a building or structure
FAX/722-5140
or any building system, in whole or in part, constitutes a clear and inimical
Public Works
616/724-41 OU
threat lo human life, safety or health, the code official shall issue such notice
FAX1722-4188 or orders lo remove or remedy the conditions as shall be deemed necessary
Treasurer
in accordance with this section and shall refer the building to the building
616/724-6720 department for any repairs, alterations, remodeling, removing or demolition
FAX/724-6768
required.
Water Billing lJept.
(1)6/724-6718
FAX/724-6768
Water Filtralion
616/724-4106
FAX1755-5290 City of Muskegon, 933 Tcrra,·c Street, P.O. Box 536, Muskegon, Ml 49443-0536
)
110.1. l Unsafe conditions. Structures or existing equipment that are or
hereafter become unsafe or deficient because of inadequate means of egress
or which constitute a fire hazard, or are otherwise dangerous to human life
or the public welfare, or which involve illegal or improper occupancy or
inadequate maintenance, shall be deemed an unsafe condition. A vacant
structure which is not secured against unauthorized entry as required by
Section 311 shall be deemed unsafe.
110.1.2 Structural hazards. When an apparent structural hazard is caused
by the faulty installation, operation or malfunction of any of the items or
devices governed by this code, the code official shall immediately notify the
building code official in accordance with Section 110.1.
110.2 Evacuation. The code official or the fire department official in charge
of an incident shall be authorized to order the immediate evacuation of any
occupied building deemed unsafe when such building has hazardous
conditions that present imminent danger to building occupants. Persons so
notified shall immediately leave the structure or premises and shall not enter
or re-enter until authorized to do so by the code official or the fire
department official in charge of the incident.
11 0.3 Summary abatement. Where conditions exist that are deemed
hazardous to life and prope1iy, the code official or fire department official in
charge of the incident is authorized to abate summarily such hazardous
conditions that are in violation of this code.
Due to this dangerous situation, all occupants shall remove themselves from 784
Washington immediately as of 1/17/03. Failure to do so will result in fines, or an-est.
This order is being enforced per the City of Muskegon Fire Marshal.
~-
Majorl,f
Fire Marshal
c: Bryon Mazade, City Manager
John Schrier, City Attorney
Patrick Simpson, Fire Chief
Robe1i Grabinski, Director oflnsp,>ctions
Roxi Wever, Housing Inspector _,,.
Family Independence Agency
Protective Services
\v EST MICHIGAN BANKRUPTCY CLINIC, P.C.
880 FIRST STREET, STE. 307
P.O. BOX 1225
MUSKEGON, MICHIGAN 49443
JANET S. THOMAS TELEPHONE: (231) 726-4823
L. CREIGHTON REDDY (OF COUNSEL) FAX: (231) 728-3805
January 9, 2003
Ms. Roxi Wever
City of Muskegon
P.O.Box 536
Muskegon, Michigan 49443-0536
Re: JEFFREY A. BRANDEL and MARY C. BRANDEL
Bankruptcy Court File No. HG02-l 1601
Dear Ms. Wever:
Please be informed that my client in the above-noted matter filed a Chapter 7
Bankruptcy in the Western District on October 17, 2002. You were included as a pre-
petition creditor in the above-noted matter and all of thier rental properties have been
surrendered back to the lenders.
Enclosed please find a copy of the Order and Notice of Stay that was filed with the
United States Bankruptcy Court and I would request at this time that you have no further
contact with my client in any form or nature.
Thank you for your attention to this matter.
Very truly yours,
/
C Jari;t S. Thomas
JST/ef
Enclosure(s)
U.Nl 1 ED STATES BANKRUPTCY LvURT
Western District of Michigan
P.O. Box 3310
Grand Rapids, Michigan 49501
In re: Jeffrey A. Brandel Case No. 02 - I 1601 jrh
Social Security 'iu: 383-64-4866
6451 Kedzie
Twin Lake, :Vil 49457 Chapter 7
Mary C. Brandel
Social Security No: 374-90-6705
Debtor(s)
ORDER AND NOTICE OF STAY
ALL CREDITORS and interested persons are hereby notified that the above noted debtor(s) has
filed a petition for relief under Chapter 7 of the Bankruptcy Code and is entitled to the protection of
the Automatic Stay provisions of Section 362.
IT IS ORDERED that, pursuant to Section 362 of the Bankruptcy Code, from the time and date
of the filing of this case, all persons, their agents, employees and attorneys are hereby stayed and
restrained from commencing or continuing any suits, and from levying any attachments,
garnishments or other executions upon earnings or wages, and from repossessing property (or
selling property repossessed) in the possession or under the control of the Debtor or in which the
Debtor has any interest; and all such persons are further stayed and restrained from molesting,
harassing or disturbing the Debtor or his employer or other persons on account of any debt or
claim, or with respect to any property which the debtor has submitted to the exclusive jurisdiction
of this Court, unless and until permission and leave of the Court be first obtained.
This order does not in any way modify the provisions of 11 USC 362. You should consult this
statute to determine applicable exceptions.
A copy of this order will be returned to the Debtor for service on appropriate creditors and
interested parties. The Debtor shall file a proof of service listing all persons served with this order.
Case Filed: 10/17 /02 Jeffrey R. Hugh es
~ t c y Judge A .I~ ·.
7 l lt - 0Ln t J I.A./Ulvo_,
By Katrina Willis
Deputy Clerk
Parties Served: Debtor(s)/Attorney for Debtor(s)
CC: File
3-1
Roxi \V~n~r
\-i<i\;,lll:; h·ipt.:-:tnr
BRAf-iDES JEFF?~EY
6451 KSDZIE RD
TWIN LAKE, MI 49457
Dear ?roperty Owner:
In an effort to encourage regular and proper maintenance of non-owner
occupied housing in Muskegon, the City requires that all non-owner
occupied dwellings have a valid Certificate of Compliance in order to be
legally occuoied. The Certificate is issued when a non-owner occupied
proper~y complies with the maintenance standards set forth in the Housin:
Code (Chapter 4, Article V of the City Code).
Our records indicate that the Certificate of Compliance for the followin:
non-owner occupied dwelling owned by you has either expired or one
has not been issued.
784 WASHINGTON (A 1.-i.- '-i f) p T ' )
As a result, this is to notify you that I will be making an inspection o:
this property at the following time:
wednesday 01/15/03 at 11:15 A.M.
In order to make the inspection, I must have access to every portion
of the building,as well as the basement. It is your responsibility to
ma.ke arrangement.s to have sor:1eo:-ie , t2~ant o::: representative, at the
property so that entry may be gained chroughout.
Please note that there will be a $75.00 base charge for the inspection
plus $15.00 per unit after the first or.e. If we are unable to gain entr,_.
to the entire property, there will be a $60.00 charge and a new inspecti:
date will be set within two weeks. Additior.al charge? will be made for
each reinspec~ion required if violatic~s are found.
If this inspection time is not convenie~~. p:ease contact me a~ least
three work days in advance to reschedule the i~speccion and avo~d t~e
non-en~ry fee. In addition, should ycc have a~y questions, : ca~ be
reached a:: (231) 724-6715.
SinceY-~ly,
Housing Inspector
City of Muskegon, Inspection Services
HBA Minutes 3/6/03
ff Recommendation: Table this case 120 days to allow the sale
led and an interior inspection to be conducted.
A motion wa ade by Randy Mackie and seconded ohn Warner to accept
staff recommend · n.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bev
T motion carried.
Case #03-01 - 784 Washington - Jeffrey Brandel, 6451 Kedzie, Twin Lake
Mr. Brandel was not present to represent this property. He has filed bankruptcy
and not been back to the structure at all. Squatters were living in the house, but
it was shut down and boarded due to carbon monoxide and gas leaks.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by John Warner and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Clara Shepherd
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever
The motion carried.
5 of7
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-044-
489 E. Isabella.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 489 E. Isabella 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: 02-044 - 489 E. Isabella
Location and ownership: This structure is located on Catherine between
Williams and Chestnut. It is owned by U.S. Bancorp in Ohio.
Staff Correspondence: This structure was written as a dangerous building
9/6/02. A notice for an interior inspection was issued 9/30/02, but the interior
was not conducted due to failure of the owner to appear. A Notice and Order to
repair or remove was issued 11/25/02. The case was heard before the HBA
2/6/03 and the board declared the structure substandard and a dangerous
building on that date. A contact from the bank rescheduled the interior
inspection, which was conducted 4/4/03. A notice for City Commission hearing
was issued 4/9/03 along with a letter explaining what needs to be done to save
the house.
Owner Contact: The bank has been in contact since March 2003.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $14,700
Estimated Cost of Repairs: $30,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
--· __ J-.. _ J__J____·~._J~ l __ J____J __J__J_ -
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... ---------- -
For The Inspection Department File#: 421877
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Firstar Bank
PROPERTY: 489 E. Isabella
PARCEL NO: 24-205-077-0006-00
DESCRIPTION: Lot 6 Blk 77
FROM RECORDS OF TRANSNATION TITLE
UBER: 3267
PAGE: 851
DATE OF DEED: September 7, 2001
GRANTOR NAME & ADDRESS: James C. Duram, a deputy sheriff in and for
Muskegon County, MI
GRANTEE NAME & ADDRESS: Firstar Bank, N.A., P. 0. Box 1038 ML
1295, Cincinnati, OH 45201
LIENS OR MORTGAGES: None
TODAY'S DATE: September 12, 2002
EFFECTIVE DATE: August 22, 2002 at 8:00 AM
Abstracted by: ~ a~
TRANSNATIOTITLE INSURANCE COMPANY
The above infonnation is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
UBER 3 ;_ l PAGE 8 5 I
~-70
·••lJJ \F.P I q PM !?., I I
Tl !IS 1:--.'0ENTURE mudc till' 71h Uuy of SL'ptcmhL•r, 200 I between James C. Duram u deputy sheriff in und for
:,..111skcgon ('oi111ty, Mic hi gun, pm-iy l)f the ri1s1 purt, and FIRSTAR 13ANK. N.A,, P.O. 80:i1 l038 ML 1295 Cincinnati, OH, 45201,
party of the sccm1tl pun (hcrcinartcr called the gnu1tce).
Witm·sscth, that whcrcus, Hur.cl Robcrstm whose uddrcss is 489 East lsabtlla, Muskcgm1, Ml 49442 llltlllc u ccnuin mortgu~e to
Firs1ur nank, N.A. (hL•n:innlh•r called "}.·Iortgugc1:"), which ,,,ns duly recorded in the office of the Register of Deeds of ;\·lusktgon
County in Uber 2285, Page JS7, ~'hlskcgon C'oumy Records, and
\\'H !:REAS. said mortgagl' L'011tai111:d u power of sulc which \ms bccoim:· opcrnti\'C· by n:uson of dc\'nult in till: tenns urn..! cornliUons of
the mortgugc; und
WHEREAS, 110 suit or proceeding ut law orin equity \ms been instituted lo rccowr the tlcbt secured by lhe mortg.uge or uny purl
1hernof: uml
WHEREAS, by virn1c of the power of sale, and pmsu11nt to the statutes of the State of Michigan in such case muUc and provid1.:d, a
notice wus duly published and a copy thereof was duly 11ostcd in a conspicuous p\uce upon the premiSL>s described in the mortgage thut
lhe premises, or soml' part of them, would be so\J 011 the 7th duy or September, 200 I, at the Pinc Street cntnmce to the Muskegon
County Court Bldg. in Muskegon, that bdng the plucc of holding the Circuit Court for Muskegon County wherein the premises urc
located: und
WHEREAS, pursuant to suid notice I did. at 11 :00 u.m., local time, on the date stated above, e:<pose !br sale at public venue the said
lumh uml tem·ments described bl.'low, and on sud1 sale did strike offnnd sell the said lands and tenements to the gra11tec for the sum of
'l'Wl!llt\'-Sc,•cu Thousand & 0/IOO Dollars(27 1000.00), that being the highest bid therefore and the gruntce being the highest bidder;
and
WHEREAS, said lands and tc11e1ncnts arc situated in tht!' City of Muskegon, Muskegon County, Michigan, and urc more particularly
described as:
Lot 6, Block 77 of the reYiscd plat of 1903, or lhc city of Muskegon, as recorded in Liber 3, Page 71 Muskegon Count)' Records
1'ux# 61-24-205-077-0006-00
Mure commonly known as 489 East Isabella.
No\\', this indenture witnc:m.•th, thal I, the Deputy Sheriff aforesaid, by virtue of,md pursuant to the statute in such case made and
provided, and in consideration of the sum of money so paid as aforesaid, ho\'e granted, conveyed, bargained and sold, and by this det.'U.
do grant, convey, bargain, and sell unto the grantee, its succe$sors and assit1ns, FOREVER, all the estate, right, title, 11nd interest
wbkh the said Mon~agor(s) had in said land and tenements and every port th cof, on 13th day of August, l 999, thal being the date of
said mor1gage, or any time thereafter, to have and to hold the said lands and nements and every part thereof to the'said grantee, its
successors and assigns forever, to their sole and only use, benefit and behoo e forever, us fully and absolutely as I, the Deputy Sheriff
aforesaid, under the authority aforesaid, might, could, or ought to sell the s \"
In witness whereof I have set my hund and seal. ~
Jarres
This Sheriff's Deed on Mortgage Sule was ackuowled~ed before me this 7th day of September, 2001, by
J s C. Durarn , Deputy Sheriff for Muskegon County, Michigan.
Muskegon County, Michigan
My commission e:<pircs:
E. LOREEN FLORY
llollly Publlc, Musbgon County, MldllQln
Ill Commlal0<1 W... llllltXW006
MlCHlGiiN REAL ESTATE TRANSFER TAI
29,70
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29. 70 C
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CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
489 E. Isabella
9/6/02
Inspection noted:
1. Front steps deteriorated.
2. Front entry door missing.
3. Foundation failing.
4. Windows broken.
5. No utilities.
6. Soffitt and fascia needs repair.
7. Entry door to cellar broken.
8. Siding deteriorated.
9. Interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical).
GARAGE
1. Roof deteriorated.
2. Needs exterior weather protection.
3. No door.
4. No foundation.
5. Structural lean.
6. Windows broken.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-?QE";HE MUSKEGON CITY CODE.
.bl):_~ liJ_<,~1• g __ (o -d iJ
ROBE~ B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
O:\lnspections\Grabinski_Lmraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\489 E.
Isabella.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: September 30, 2002
Address of Propetiy: 489 E. Isabella
TO: Firstar Bank, P.O. Bopx 1038 ML 1295, Cincinnati, OH 45201
[Name & Address of Owner]
None
(Interested Patties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described prope1iies on Wednesday November 6,
2002 at 3:00 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: November 25, 2002
Address of the Property: 489 E. Isabella
TO: U.S. Bancorp, 8534 E.Kemper, Cincinnati, OH 45201
[Name & Address of Owner)
None
Names & Addresses of Other Interested Parties)
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ,_,X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 489 E. Isabella,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
Robe B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 489 E. Isabella
TO: U.S. Bancorp, Ken Gift, 8534 E. Kemper, Cincinnati. OH 45201
[Name & Address of Owner]
None
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6 1 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 11 /25/02.
At the hearing on Thursday, February 6, 2003, at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
0\INSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARINGDOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
To: U.S. Bancorp, Ken Gift, P.O. Box 1038 ML 1295, Cincinnati. OH 45201
Owners Name & Address
None
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 489 E. lsabella,...Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISHDOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
~E}HO~S~G BOARD OF APPEALS
1~vd li\0.l~~1.
Robert B. Grabinski, Director of Inspections
O:\INSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
489 Isabella
(INTERIOR INSPECTION)
4/4/03
Jnspection noted:
I. Lights improperly installed.
2. Paddle fan improperly installed.
3. Smoke detectors missing.
4. Incandescent light in closet.
5. Switch in hall is broken.
6. Exterior light improperly wired.
7. Wiring in basement is deteriorated.
8. All waler, waste, and vent need replacing.
9. Mechanical needs cleaning, servicing, and certification.
I 0. Replace and support all damaged floor joists, support beams and foundation sill and rim.
Must meet Michigan Residential Code 2000.
11. Stabilize foundation block wall - loose block and missing mortar.
12. Provide weather resistant covering for Bilco door access.
13. Replace all damaged floor coverings.
14. Smoke detectors - hardwired - inter connected required.
15. All handrail and guardrail to be installed to Michigan Residential Code 2000 requirements.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMJNED THAT THE STRUCTURE MEETS THE DEFJNITION OF A DANGEROUS
AND/OR SUBSTANDARD BUJLDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.
,TINOWSKJ, BUJLDJNG ll'f PECTOR DATE
'
0: lnspections\Cirabinski_ l .orrainc\Word\DA'-JGEROUS BUil.DING INSPECTION REPORTS\STANDARD
FORMS\489 Isabella.doc
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
489 E. Isabella
(Address of Property)
TO: All owners and interested parties:
U.S. Bancorp, Michael Graham, P.O. Box 1038 ML 1295, Cincinnati, OH 45201
None
(Other interested parties)
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FOR THE HOUSING BOARD OF APPEALS
,,,,-----.. .
,r \:
By •
Robe B. Grabinski, Director of Inspections
O:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
Affirmatin· Action
(231)724-6)03
FAX: (231)722-1214
~WJ.ff.r!r~rtizatiun
FAX: (231 )726-5181
Ccmeten Dejiartment
(231 )724:678
l-"AX: {23 I)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
April 9, 2003
Ch-ii Service
(23))724-6716
FAX: (231)724-4405
Cll'rk
(23 l )724-6705
FAX: (231)724-4178
U.S. Bancorp
Attn: Michael Graham
P.O. Box 1038 ML 1295
Cincinnati, OH 45201
Compuler Info.
,2Jl;W.r.1144 Re: 489 E. Isabella
FAX: (231)722-4301
Dear Michael,
fi~1i1~trt-lh¥Clll.
FAX: (231)727-6904
As stated in our telephone conversation today, this letter will confirm what needs
to take place to stop the demolition process on the above address. I have also
included the inspection report, which shows the repairs that need to be
completed.
When I spoke with Tiffany one question she had was the extent of the repairs.
Income Tax
(2Jl)724-6770 There appears to be significant damage to the structure of the home and the
FAX: (231)724-6768
garage. The foundation is failing and the garage looks ready to collapse. As you
1fnff~~~iftr·ices will see in the inspection report, this structure is in bad condition. Tiffany stated
FAX: (231)728-4371 your company sells the house as is. In order for the City of Muskegon to ensure
the repairs will be completed or the money is available to pay for the demolition
Leisure Sen·ices
(2Jl }724-6704 the following is required to stop this process at this point:
FAX: (231)724-1196
Mayor's Orrice 1. Escrow $5000 with the City of Muskegon, Ml
(23l }724-670)
FAX: (231)722-1214 2. Submit a timetable of repairs acceptable to the city and apply for
required permits before April 22, 2003.
If you do not intend on repairing the structure, the city will proceed with the
process to demolish the house. If you have any questions, please call 231-724-
6715.
Public Works Dept.
(2Jll724-4l00
FAX: {231)722-4188
Sincerely,
Treasurer's Office ,.../) rr · '\r'i \_)_ L \,, ·
,rnm,.mo
FAX: (231 )724-6768
l/l "-' \ 1.. cAl''-' -·sl. ino,.,.,, c,
Lorraine Grabinski
0
n'FAX:
f/rf,:;~~1' 1' '•'·
(231)724-6768
Dept. Secretary
Water Filtration
(73lJ724-4l06
FAX: (231)7!i5-!i290
City of Muskegon, 933 Terrace Street, P._O. I/ox 536, Muskegon, Ml 49443-0536
w"·w.shorcl1ncc11)·.com
HBA Minutes 2/6/03
Case #02-44 - 489 E. Isabella - Firstar/Bancorp, Cincinnati, OH
No one was present to represent this case and no interior inspection has been
conducted.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Clara Shepherd and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
se #02-40 - 477 Mclaughlin - Judy Irish, 12138 Stafford St, Ra
Ms. Iris s present to represent this case. She stated she p ased it from a
state auction feels as though she has been duped. Sh rchased it as an
investment and in ed it to be a rental unit, but the e of the damage inside
was more than she an · ated. She has a purchas reement with the state,
but no clear title yet. She s to sell it, but ca ' ithout a title.
A motion was made by Jerry
recommendation.
AYES: NAYES: EXCUSED:
Gre orgman Nick Kroes
dy Mackie
:Jon Rolewicz
9 of 17
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-072-
518 Oak.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 518 Oak 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: 02-072- 518 Oak.
Location and ownership: This structure is located on Oak between Scott and
Williams. It is owned by Marylou and Robert Anderson.
Staff Correspondence: This structure was written as a dangerous building
9/12/02. A notice for an interior inspection was issued 9/30/02, but the interior
was not conducted until 2/26/03 after the owner appeared at the 2/03 HBA
meeting. A Notice and Order to repair or remove was issued 11/26/02, but there
had been no contact until the HBA meeting. The case was tabled for 30 days to
allow the owner time to have the interior inspection, submit an agreeable
timetable for repairs and pull permits. The owner contacted the Inspection office
after the interior inspection because he did not agree with the violations noted,
but he did not pull permits. The house has since been listed for sale with a
realtor with an offer pending.
Owner Contact: The owner has been in contact.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $13,800
Estimated Cost of Repairs: $40,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
-- -- - .-,.·
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For The Inspection Department File #: 422308
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Mary Lou Anderson
PROPERTY: 518 Oak Ave.
PARCEL NO: 24-205-041-0012-00
DESCRIPTION: W ½ Lot 12 Blk 41
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3142
PAGE: 499
DATE OF DEED: February 1, 2001
GRANTOR NAME & ADDRESS: Jeremy D. Leffring, 4365 Evanston Ave.,
Muskegon,MI49442
GRANTEE NAME & ADDRESS: Mary Lou Anderson, 518 Oak St.,
Muskegon,MI49442
LIENS OR MORTGAGES: 3396/823
TODAY'S DATE: October 3, 2002
EFFECTIVE DATE: September 12, 2002 at 8:00 AM
Abstracted by: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TRANSNATION TITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
.·:wz::t:---· w ;;;:::tr:t::,'J-•·
llBER3 I q2Pm~qq,
, ,
l 7.l'tbt
.
S.TATE Of M1C,:1G,\N
COUNTY Of t,lUi,EGtN
./
RECEIVED F(tR RECORD
·10•1FEB I q;' AH II: 15.
1/Ml~REG!STEA ~F DEEDS
~ Metropolitan Title Company
For[Offidal Uu
QUIT CLAIM DEED (Pfatt,d Land) Sta111tory Fonn
Knou;Al/Penomb-y 1odl!"Prdents:That Jeremy D. Leffring a single Man.
whose address is 4365 Evanston Ave. Muskegon MI 49442
Quit Claim(s) to Mary Lou Anderson
whose address is 518 Oak St. Muskegon MI 49442
the following described premises situated in the City of Muskegon County of Muskegon
andStateofMichigan,to-wit: West 1/2 of Lot 12 Block 41 Revised Plat of
the City of Muskegon as recorded in Liber 3
of Plats Page 71 Muskegon County Records.
More commonly known :u: -.s I &- a AK
For the full consideration of: Six Thousand and 0011 000 ($6,000)
- NICHI6AN REAL ESTATE TF.P.','SFER HU
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>VSKEGO!l ' N' Iv
51 '0
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171861 I B IS &. &0 C
• 00174017 1- 45. 00 S
1st day of February 2001
. I., ,
Gerald Leffring / .
. . . -?~CA t «<-L
Juanita Westerbeek
Sbtc of ,"'.lichj yan
County of Muskegon
The foregoing instrument was :tcknowlcdgcd before me
this 1.st. day of February 2001
by
Dnfwlby, Return to: Send i:u: Bills to:
Gerald J. Leffring Grante Mary Lou Anderson
1386 Quarterline 518 Oak· St.
Muskegon MI 49442 Muskegon MI 49442
Recording Fee: Sutc Transfer Tu: Tu P:trccl No.:
File Number: County l'r:i.nsfer Tax:
l!»-227 Rav."'97
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
518 Oak
9/12/02
Inspection noted:
1. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Siding missing.
3. Front steps broken.
4. Handrail missing.
5. Fence broken.
6. Ramp to side entrance improper.
7. Fascia boards deteriorated.
8. Additions to structure improper and without permit.
9. Roof deteriorated.
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
ru~
4-23? H E MUSKE?.~N CITY CODE.
. , yf I ~
c_ \/:5 /,h,L'.oJe.·
ROBERT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
O:llnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\518
Oak.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: September 30, 2002
Address of Property: 518 Oak
TO: Mary Lou Anderson, 518 Oak, Muskegon, Ml 49442
[Name & Address of Owner]
None
(Interested Parties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Monday, November 4, 2002
at 3:00 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Ro' ert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: November 26, 2002
Address of the Property: 518 Oak
TO: Marylou Anderson, 518 Oak, Muskegon, Ml 49442
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 518 Oak, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
B. Grabinski, Director of Inspections
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 518 Oak
TO: Robert & Marylou Anderson, 518 Oak, Muskegon, Ml 49442
[Name & Address of Owner]
American Business Mortgage Services, 111 Presidential Blvd Ste. 107, Bala
Cynwyd, PA 19004
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 11 /26/02.
At the hearing on Thursday, February 6, 2003, at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CIJ,¥-fmMUSKEGON INSPECTION DEPARTMENT,
:: B~Viltl:~~'D OF APPEALS
Robert B. Grabinski, Director of Inspections
OIINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
ORDER TO TABLE THIS CASE 30 DAYS
Date of Order: February 11, 2003
Address of the property: 518 Oak
To: Robert & Marylou Anderson, 518 Oak, Muskegon, Ml 49442
Owners Name & Address
American Business Mortgage Services, 111 Presidential Blvd. Ste. 107,
Bala Cynwyd, PA 19004
Names & Addresses of Other Interested Parties
CASE TABLED FOR 30 DAYS
The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled for 30 days. This will provide you with time to have an interior
inspection, submit a timeline for completion of repairs, and pull the necessary permits.
If you have any questions, please call the Inspection Department at 231-724-6715.
CITY OF MUSKEGON
HOUSING BOARD OF APPEALS
~i
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RobEirt B.Grabinski, Director of Inspections
2
This office has been informed that you have been in contact with Community and
Neighborhood Services. It is our understanding that they are unable to assist
you for a variety of reasons.
It is important for you to be available for the interior inspection on February 26,
2003 at 2:00 P.M.
Once the interior inspection is complete, you will have a better understanding of
what will be required to bring your structure in to compliance. This will further
give you an opportunity to develop and submit a timeline for completion. Once
the timeline is approved and permits are pulled you may begin making repairs.
CIT\' OF 1\1 LISl-:ECO!\
D.-\"iCEROl'S Bl'ILDl"iG INTERIOR l"iSl'ECTIO\' REl'Ol{T
518 011/,
2/26/03
lnspection nolc'd:
I. No tr,1p 011 hath Lt,·.
Inadequate clcmancc to cornhustihlcs 011 s1x1cc he,1ter.
3. \\'atcr heater installed 011 blocks. relier piping too short.
4. No trap <)11 stand pipe.
5. Roorkaking 11·atcr on top or1Yaler heater.
(1. No trap 011 kitchen sink.
7. Chimney needs rcp,1ir.
8. Roor 111ust be stripped sheathing re11101-cd - replace rafters.
9. Siding needs lo be installed correctly -- rcmol"c.
10. Winck,11s need headers. proper fra111ing: are not plumb or lewl.
I I. Re11101·e addition - i111propcrly built.
12. Floor in hnrne is scYcrcly deteriorated - foundation damage - structural lluuring.
need foundation.
13. Re111m·e rarnp.
14. No cra,YI acc~ss or attic ::icccss.
15. Ligbts hanging d()\\·11.
16. No e~terior lights on addition.
I7 Lights arc incornpletc.
I 8. Washer/dryer not permitted in rronl ,,r load ccnlc1·.
19. Kitchen counters not senwl by outlets. Kitchen outlets arc not (iJ-'I protected.
211. Circuils o,·L-rfuscd.
21. Sen·icc not grounded ()r bonded.
'' ScrYic,· must he repbccd.
"
--'· SmukL' dL'll'clnrs missing.
2.J. l11camlcscc11t lights in ci<,set.
25. Paddle rans irnpmpcrly hung.
BASED \il'ON I'dY RI TENT INSPECTION OF THE /\130VE PROPERTY. I 11.1\ \'E
DETERMl;',;LJ) Tl 1/\T Tl IE STRUCTURE MLFTS THL DEFINITION UF .c\
DANGEROl!S AND/OR SUBST/\ND,'\IU) BUILDING /\S SET FORTH Ii\ SITTIO'c
4-23 OF Tl IE l\1l!SIS:.E(,ON CITY CODE.
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111::NRY FA(JlJNO\\'SKL Bl'ILl)IN(i li\Sl'ICTOll D,\I E
l ): ! 11spcct ions Cii-,ihin..,ki. ] ,(llT<I inc Wtird IL\'.\( i 1,J\( )t !S Ht,: IL! )I '.\(i I \'S[)LCTH )N
IZIJ'Ol(TS STM·W.c\1(1) Hlll"IS ,1, Oakdnc
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: February 21, 2003
Address of the Property: 518 Oak
TO: Robert & Marylou Anderson, 518 Oak, Muskegon, Ml 49442
[Name & Address of Owner]
American Business Mortgage Services, 111 Presidential Blvd. Ste.107
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, March 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is to review what has progressed since your case was heard
in February.
At the hearing on Thursday, March 6, 2003, at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
~ : A F OF THE HOUSING BOARD OF APPEALS
B. Grabinski, Director'oflni;'pections
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2003
To: Robert & Marylou Anderson, 518 Oak, Muskegon, Ml 49442
Owners Name & Address
American Business Mortgage Services, 111 Presidential Blvd. Ste. 107,
Bala Cynwyd, PA 19004
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, March 6, 2003 does hereby order that the following
structure(s) located at 518 Oak, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
F ~ E H. ou_ S1~.Q_, BO,i',nDOF A PEALS:
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Robei-t B. Grabinski, Director of Inspections
I J '
O\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
Affirmatl,·c Attlon
2311724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726-51111
Cemetery
231/724-6783
FAX/726-5617
CMI Sen·lcc
231/724-6716
FAX/724-4405
\\l'SI Mkhlgan's Short'llne Cil )'
Clerk
231/724-6705 March 17, 2003
F AX/724-4178
Comm. & Neigh,
Sen·lces
23]/724-6717
FAX/726-2501 Robert & Mary Lou Anderson
Engineering 518 Oak
231/724-6707
FAX/727-6904
Muskegon, Ml 49442
Finance
231/724-6713 Re: Repairs 518 Oak
FAX/724-6768
Fire Dept. Dear Mr. And Mrs. Anderson:
231/724-6792
F AX/724-6985
I was informed of an agency that may be able to financially help you with the
Income Tax
231/724-6770 repairs of your home. One of the members of the Housing Board of Appeals
FAX/724-6768
notified me today that Muskegon Investment Corporation may be of assistance to
Info. Systems you. Their telephone number is 231-727-0809.
231/724-6744
FAX/722-4301
Please call them as soon as possible to find out if they can help you at all. Keep
Leisure Sen·lce
231/724-6704 in mind that a time table of repairs and permits are required for the work.
FAX/724-1196
Manager's Office Sincerely,
231/724-6724
FAX/722-1214
Mayor's Office
231/724-6701
JCJ/'v\C)~(. "" ,'.\•v,.IJ..c,:-,,;,t.., ·
FAX/722-1214 Lorraine Grabinski
Inspection Sen·lccs Secretary, Inspection Dept.
231/724-6715
FAX/726-2501
Planning/Zoning
231/724-6702
FAX1724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4100
FAX1722-4188
Treasurer
231/724--6720
FAX/724-6768
Water BIiiing Dept.
231/724-6718
FAX/724-6768
Water Filtration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Si reel, P.O. !lox 536, Muskegon, Ml 49443-0536
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
518 Oak
(Address of Property)
TO: All owners and interested parties:
Robert & Marylou Anderson, 518 Oak, Muskegon, Ml 49442
American Business Mortgage Services, 111 Presidential Blvd, Ste. 107, Bala
Cynwyd, PA 19004
(Other interested parties)
On March 6, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard. a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
F O ~ HfUSIN~OA~D OF AP\EALS
By
) !.. _ l ·.!-<!· yf,~ 1.,: ...
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1
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1:,
Robert,B. Grabinski, Director of Inspections
O:\INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
HBA Minutes 2/6/03
Case #02-72 - 518 Oak-Robert & Mary Lou Anderson, same address
The Andersons were present to represent this case. Mr. Grabinski stated this
area is the targeted area to fight blight. He looked at the structure and it is
partially sided and there has not been an interior inspection yet. Mr. Anderson
stated he didn't know what he is supposed to do and Mr. Grabinski stated all mail
sent to him had been signed for. He also went over the exterior inspection
report. The ramp, addition and roof are bad and no permits have been issued.
Mr. Grabinski stated he would like them to contact CNS because he thinks they
would qualify financially for help.
Staff Recommendation: Table this case for 30 days to see if they qualify for help
with CNS.
A motion was made by Randy Mackie and seconded by Clara Shepherd to
accept staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
ase #99-33 - 1113 Peck - Joshua Kirksey, same address_..,,_,,_,,_,,.-
The Kirkseys ent for the meeting and M inski asked what their
plans are. Mr. Kirksey s ·ust beca ner in July 2002. He has
purchased on a land contract due ung age and has a 6 month balloon
period to secure the financing. """'.bt,ed he just found out this was a
dangerous building on 1/2 . He was given · terior inspection report at this
meeting. The exteri,,,,.,.,vairs won't be done until wa eather and he will be
contacting CN inancial help. He isn't sure about the us building. He
is thinkinn-"'"'me 1st floor being commercial. Mr. Grabinski stated if i 1 , •
11 of 17
HBA Minutes 3/6/03
Case #02-72- 518 Oak- Robert & Mary Lou Anderson, same address
The Andersons were present to represent this structure. Bob Grabinski gave a
history of the case and stated at last month's meeting the case was tabled 30
days to allow the Andersons to seek financial help with CNS. They were denied
help because of the different colors of siding on the house and the roof was not
leaking inside. An interior inspection had previously been conducted and it was
noted there is a significant amount of repair required. The electrical service
poses a very serious danger and Mr. Grabinski stated it needs to be repaired
soon or the board will have to take action for their safety. He inquired if the
Andersons could stay with Mrs. Anderson's son, Donald Heck, who was present
at the meeting also. He stated they could stay there temporarily, but not for too
long. Mr. Grabinski also stated the work really needs to be done by a contractor
and he estimated the total cost for all repairs to be in the area of $20,000. Mr.
Anderson stated he has lived there a long time and will not move out.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Clara Shepherd
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever
The motion carried.
and, Muskegon
e of dangerous
2 of7
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-079-
1136 Williams.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1136 Williams 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: 02-079 - 1136 Williams·
Location and ownership: This structure is located on Williams between Isabella
and Catherine. It is owned by Phyllis Moore and Kenta Moore {Glovestate
Realty).
Staff Correspondence: This structure was written as a dangerous building
9/6/02. A notice for an interior inspection was issued 9/23/02 and notice and
order to repair or demolish was issued 12/18/02. The structure was declared
dangerous at the HBA meeting 2/6/03. The owner had contacted CNS for
financial help, but was denied.
Owner Contact: The owner has been in the office when she applied for rental
rehab and indicated she wanted to repair. She did not attend the HBA meeting.
Financial Impact: The cost of demolition will be paid with CDBG funds.
Budget Action Required: None
SEV: $15,100
Estimated Cost of Repairs: $15,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File#: 422127
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: Glovestate Realty LLC
PROPERTY: 1136 Williams
PARCEL NO: 24-205-077-0008-00
DESCRIPTION: N ½ Lot 8 Blk 77
FROM RECORDS OF TRANSNATION TITLE
LIBER: 2293
PAGE: 681
DATE OF DEED: September 24, 1999
GRANTOR NAME & ADDRESS: Kenta R. Moore and Phyllis Moore, 2913
Waalkes, Muskegon MI 49444
GRANTEE NAME & ADDRESS: Glovestate Realty, L.L.C., 2913 Waalkes,
Muskegon,MI49444
LIENS OR MORTGAGES: 3010/164; 3052/256; 3407/734
TODAY'S DATE: September 24, 2002
EFFECTNE DATE: August 30, 2002 at 8:00 AM
Abstracted by: ~ 0. ~
TRANSNATINTITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title insurance Company.
11BfR2293 r!Gl 681
STATE OF MIC1IIGAN
COUNTY OF MUS~EGCN
REGf:/Vf:D FOR llECORO
/999 SEP 28 PH 2: 25
(!_~[ ' e.,,[,.;{::. '
·G/srr:n ., · 1 :·•• •• ~-
QI III CJ AIM DE.lill
The Gn:mtor, KENTA R. MOORE. a single man, nm! PHYLLIS MOORE, a single wornnn, whose strcel number and post omcc
a<ldrt·ss is 2913 Wnnlkes. Muskegon, Michigan 49444, QUIT CLAIMS 10 GLOYESTATE REALTY, L.L.C,, a Michigan limited liability
t·on1pa11y. whose street nrnnbt'r and post office address is 2913 Waalkcs, Muskegon, Michigan 49444, lhc following described premises:
C'ily of Muskegon. County of Muskegon, State of Michigan to-wii:
Nonh Half of Lot 8. lllock 77, revise,! plt1t (of 1903) of the City of Muskegon as r,cconlcd in Uber 3 of Pints.
Subjcl'"I to cascll\l.!nts, rcstrktions, encumbrnnccs and reservations of record,
for the sum of S ! .00 Dollar and no/\00!hs {$1.00).
This dcl·d i.~ exempt from 1ransfcr tax by reason of MSA 7.456(5)(n) nnd MCL 207.526 Sec. 6(a).
TIK• Grn111or giants 10 1hc Graulec nil of his subdivision righls under Section 108 of the Land Divmon Act. Act No. 288 of the Public Acts
or\%7.
·1111s pn.>pt•11y may be \ocn1cd within the vicinity of farmland or form opcrn1ion. Gcncrnlly accepted ngricuhural and manngemcnt practices
whkh may gcncrntc no1sefust od~rs a11d other nssocilltccl condi1io11s may be used and me protcclt:d by the Michigan righl to faim net.
D,i)/J 1hi,'.1.:l dny ofJ.f-g;;;; .......... 1999.
w{;t·Nt:. ·sr:s: SIGNED AND SEALED, /J/7
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l'HYI.LIS tjOORE
Julie K, Bush
STATE OF MICIIIGAN
) ss.
COUNTY or MUSKEGON )
ublic
✓Prep.ired by: After recording rclllrn to:
WILLIAMS, MUGHES. CORWIN & SININGER
Oy: William R. Sininger
120 West Apple Avenue, P.O. Box 599
Muskc!JOn. Ml 49443-0599
Subst!quent Tax Bills to:
Tnx Purce! No. _ _ ; Recording Fee _ _ ; Revenue Slomps _ _
I l':\USEl{S\JKU\REAI.ESl\MoorcG!ov\:sl;l\~.QCll.wpd
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
1136 Williams
(Address of Property)
TO: All owners and interested parties:
Glovestate Realty LLC, Phyllis Moore, 2913 Waalkes, Muskegon, Ml 49442
U.S. District Court C/O W. Francesca Ferguson, AUSA, P.O. Box 208, Grand
Rapids, Ml 49501-0208
(Other interested parties)
On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FO~~O,USINGJ_.2A] OF- APPEALS
By
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Robert El'. Grabinski, Director of Inspections
o.\lNSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC -
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: February 10, 2003
To: Glovestate Realty LLC, 2913 Waalkes, Muskegon, Ml 49442
Owners Name & Address
U.S. District Court C/O W.Francesca Ferguson, AUSA, P.O. Box 208,
Grand Rapids, Ml 49501-0208
Names & Addresses of Other Interested Parties
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 1136 Williams,...Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
O:\INSPECTIONS\GRABINSKI_LORRAINE\W0RDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISHOOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
F ~ E HOUSING BOARD OF APPEALS
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>f!a1x:1:_ 'D. /41\CJL:y,.,•. J1.•
Robert B. Grabinski, Director of Inspections
0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: January 23, 2003
Address of the Property: 1136 Williams
TO: Glovestate Realty LLC. 2913 Waalkes, Muskegon, Ml 49444
[Name & Address of Owner]
U.S. District Court C/O W.Francesca Ferguson, AUSA, P.O. Box 208, Grand
Rapis, Ml 49501-0208
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, February 6, 2003, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 12/18/02.
At the hearing on Thursday, February 6, 2003, at 5:30 o"clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
OIINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE
DATE: December 18, 2002
Address of the Property: 1136 Williams
TO: Glovestate Realy LLC, 2913 Waalkes, Muskegon, Ml 49444
[Name & Address of Owner]
None
Names & Addresses of Other Interested Parties]
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. --- Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1136 Williams,
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.
Please see the attached inspection report
~{22'71 ~•EPARTMENT
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
OANGEROlJS BlJILDING INSPECTION REPORT
1136 Williams
(INTERIOR INSPECTION)
10/22/02
Inspection noted:
I. Plumbing system - water installed with non-approved materials and not
supported, some portions arc broken, waste lines installed improperly and broken.
old cast iron disconnected and left open. Fixtures are either damaged or not
installed, kitchen sink cabinet not made of approved material.
2. Heating system - duct damaged and furnace inoperable. Chimney is improperly
sealed.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, l l-!AVE
DETERMINED THAT THE STRUCTURE MEETS TI-IE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
[(. ·).)-Ll--
owski, BUILDING INSPECTO DATE
0 :\I nspections\Grabinski_Lorrnincl Word\DANG EROU S fl UI LD ING INSPECTION
REPORTS\STANDARD FORMS\! 136 Williams.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: September 23, 2002
Address of Prope11y: 1136 Williams
TO: Glovestate Realty, 1136 Williams, Muskegon, Ml 49442
[Name & Address of Owner]
None
(Interested Parties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described prope1iies on Tuesday, October 22, 2002 at
3:30 P.M. Failure to appear and allow the inspection will result in this office seeking
a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
~fU-vJ,<l,,L1.
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
I l}l, WILLIAMS
9/6/02
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical,
electrical and building) before any permits or ce11ificates of occupancy will be
issued.
2. Structure vacant and boarded over 180 days.
3. Windows broken.
4. Exterior needs scraped and painted.
5. Roof deteriorated - repair or replace.
6. Fascia and soffitt must be repaired.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
~ T H E MUSKEGON CITY CODE.
~~~.
ROB RT B. GRABINSKI, DIRECTOR OF INSPECTIONS DATE
O:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\! 136
Williams.doc
HBA Minutes 2/6/03
Case #02-79-1136 Williams - Glovestate Realty LLC, 2913 Waalkes,
Muskegon Ml 49444
No one was present to represent this case. The owner had been in the office to
talk to CNS about help, but was not honest with statements made and has been
denied help.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Clara Shepherd and seconded by Jon Rolewicz to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever
The motion carried.
Case #02-46-1032 Wood - Maria Garcia, 4618 Mallow, Houston, TX 77051
No e was present to represent this case and there has been no c.~o_.,~,
the ow
Staff Recomme ion: Declare this building subs;.1aliffird, a public nuisance,
and dangerous buil nd forward to city c 1ssion for their concurrence.
AYES:
Nick Kroes
17 of 19
DATE: April 14, 2003
TO: Honorable Mayor and City Commissioners
FROM: Robert B. Grabinski, Director Inspection
Services Dept.
Re: Concurrence with the Housing Board of Appeals
Notice and Order to demolish. Dangerous building case #02-92-
1887 Letart.
SUMMARY OF REQUEST: This is to request City Commission
concurrence with the findings of the Housing Board of Appeals that the structure
located at 1887 Letart 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: 02-92 - 1887 Letart
Location and ownership: This structure is located on Letart between Torrent
and Crozier and is owned by Patrick Closz.
Staff Correspondence: This structure was written as a dangerous building
12/9/02 when the owner had an interior inspection conducted. He contacted the
Inspection office because of what he called "black mold". The building inspector
also did an inspection on 1/10/03. Mr. Closz purchased this house from HUD
and has let it go back to the bank because of it is in a flood plain and has severe
water damage. A notice and order to repair or demolish was issued 2/3/03 and
the case was heard and declared by the HBA on 3/6/03.
Owner Contact: The owner, neighbor and realtor attended the HBA meeting.
Financial Impact: The cost of demolition will be paid with general funds.
Budget Action Required: None
SEV: $32,900
Estimated Cost of Repairs: $25,000
CITY COMMISSION RECOMMENDATION: The Commission will consider
this item at it's meeting on Tuesday, April 22, 2003.
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For The Inspection Department File#: 423761
City of Muskegon
FROM CITY ASSESSOR'S RECORDS
OWNER: ABN AMRO Mortgage Group
PROPERTY: 1887 Letart Ave
PARCEL NO: 24-645-000-0028-00
DESCRIPTION: Neumans Sub-division ofBlk 616 of Lot 28
FROM RECORDS OF TRANSNATION TITLE
LIBER: 3155
PAGE: 571
DATE OF DEED: February 21, 2001
GRANTOR NAME & ADDRESS: Marvin G. VanderWall and Carol A.
VanderWall, husband and wife, 1887 Letart Ave., Muskegon, MI 49441
GRANTEE NAME & ADDRESS: Patrick Closz, a single man, 3681 S.
Sheridan, Muskegon, MI 49444
LIENS OR MORTGAGES: 3155/572; 3155/580; 3486/674
TODAY'S DATE: December 23, 2002
EFFECTIVE DATE: October 23, 2002 at 8:00 AM
Abstracted by: ~Q.~
TRANSNATITITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
LIBER3 I 55~m51 f
,r~: ttl.R I 2 A'I 8: 53
I r',' ':" ' ·.r '. • · .)
WARRANTY DEED STATUTORY FORM FOR INDIVIDUALS
This Indenture, Da<ed this day of:
KNOW ALL MEN BY THESE PRESENTS THAT: FEBRUARY 21, 2001
MARVIN G. VANDERWALL AND CAROL A.VANDERWALL, HUSBAND AND WIFE
1887 LETART AVENUE
MUSKEGON, Ml 49441
Conve,v(s) nnd Warnmt(s) To:
PATRICK CLOSZ, A SINGLE MAN
368 I S. SHERIDAN
MUSKEGON, Ml 49444
for lhc sum of
REAL ESTATE TRANSFER VALUATION AFFIDAVIT FILED
fhr following de.i;cribcd premises situated in
THE CITY OF MUSKEGON. COUNTY OF MUS~EGON AND STATE OF MICHJGAN TO WIT:
I.OT 28 OF NEUMANN'S SUBDIVISION OF BLOCK 616 OF THE CITY OF MUSKEGON, AS RECORDED IN
UBER 8 OF PLATS. PAGE 14. MUSKEGON COUNTY RECORDS.
I Parcel 1161-,2. i-k ;,..i • CCC. £. t:2, _;;, J'.. C o ~--:1...
5LIBJEC'T TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND LIMITATIONS OF RECORD, IF ANY.
~ ~w~Jl~-
Witnesses:
/£ 7. Sig:2Jj/;
44i;;~'£;-f.~:;i;;S;'-,';--"-''---''---
i= ~_Jg~™~~~~- c~. " , cl
CAROL A. VANDER WALi,
··utv> ',{,f, lt «.ff
0 JOHN NEDEAU
0JJ
iS STATE OF MICIIIGAN COUNTY OF MUSKEGO.~
·-
.c
U The forc~oing instrument \\US 11ckUo\1Jcdgcd before me
OJ\' FEBRUARY 21. 2001 BY MARVIN G. Vt\NDER
WALL AND CAROL A.VANDERWALL. HUSBAND
A:S:DIVIFE
PREPARED BY:
MARVIN G. VANDERWALL
1887 LETART AVENJ;E
MUSKEGON, Ml 49-1-41
aron·G. Bylund
NOTARY PUBLIC MUSK
ASSISTED BY: MY COMMISSION EXP
CHICAGO TITLE OF MICHIGAN. INC
493 WEST NORTON WHEN RECORDED RETURN TO
MUSKEGON, MICHIGAN 49441 PATRICK CLC6Z
1887 LETART AVE
MUSKEC/:t-l, MI 4 9441
610034951 SGB 6ll
NOTICE OF HEARING BEFORE THE CITY COMMISSION
DATE: April 9, 2003
1887 Letart
(Address of Property)
TO: All owners and interested parties:
Patrick Closz, 3527 Hoyt #72, Muskegon, Ml 49444
ABN Amro Mortgage Group, 3600 Big Beaver Rd. Troy, Ml 48084
(Other interested parties)
Steve McKee/Vollmer Real Estate, 840 Norton, Muskegon, Ml 49441
On March 6 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.
The City Commission will hold a hearing on Tuesday, April 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, April 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon. Michigan, with counsel. if you desire. to present any relevant evidence and
arguments concerning the decision to demolish the above structures.
CITY OF MUSKEGON INSPECTIONS DEPT.
FOR THE HOUSING BOARD OF APPEALS
~
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Robert B. Grabinski, Director of Inspections
I
AFFIDAVIT OF SERVICE OR MAILING
O:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS
Date: March 7, 2003
To: Patrick Closz, 3527 Hoyt Lot 72, Muskegon, Ml 49444
Owners Name & Address
ABN Amro Mortgage Group, 3600 Big Beaver Rd. Troy, Ml 48084
Names & Addresses of Other Interested Parties
Steve McKeeNollmer Real Estate, 840 Norton, Muskegon, Ml 49441
ORDER TO DEMOLISH STRUCTURE
The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, March 6, 2003 does hereby order that the following
structure(s) located at 1887 Letart, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.
The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.
The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and lime when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.
0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\DRDER TO DEMOLISH.DOC
NOTICE TO OWNER AND INTERESTED PARTIES
Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.
The City Commission may concur with this order, or disapprove or modify the
order.
~ H 7 Ho,u~_l/t-J: BOARD OF t PPEALS:
{o{x±_V:J ,• . . -c:>,~'
Rol:lert B. Grabinski, Director of Inspections
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
CITY OF MUSKEGON
CITY OF MUSKEGON HOUSING BOARD OF APPEALS
NOTICE OF HEARING
Date: February 21, 2003
Address of the Property: 1&8'1 Ldvrt
TO: ABN Amro Mortgage Group, 3600 Big Beaver Rd. Troy. Ml 48084
[Name & Address of Owner]
Patrick Closz, 3681 S. Sheridan, Muskegon, Ml 49444
[Names & Addresses of Other Interested Parties]
Please take notice that on Thursday, March 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.
The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued 2/3/03.
At the hearing on Thursday, March 6, 2003 , at 5:30 o"clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.
CITY OF MUSKEGON INSPECTION DEPARTMENT,
.,M~s
:~ 7 o l 1 2 U S I N G B~ARU 0f APPEALS
0
Robert~• Grnbicski, D
O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
CITY OF MUSKEGON
NOTICE AND ORDER TO REPAIR OR REMOVE {DEMOLISH) A STRUCTURE
DATE: February 3, 2003
Address of the Property: 1887 Letart
TO: ABN Amro Mortgage Group, 3600 Big Beaver Rd. Troy, Ml 48084
[Name & Address of Owner]
Patrick Closz, 3681 S. Sheridan, Muskegon, Ml 49444
(Interested Parties)
The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.
You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):
1. X Obtain the issuance of all permits required to accomplish the repair
of the structure defects listed in the attached schedule within
30 days of this notice. All repairs shall be accomplished within the
times set forth in the permits. All work must be physically
commenced within 30 days of the date of this notice.
2. _ __ Obtain the issuance of the appropriate permit for the demolition of
structures within 30 days, and accomplish the demolition thereof
within 60 days of this notice.
The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
FAILURE TO COMPLY
After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.
SCHEDULE OF CONDITIONS
The following conditions are present at the structure at 1887 Letart, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.
Please see the attached inspection report
Robert B. Grabinski, Director of Inspections
CITY OF MUSKEGON
DANGF:ROlJS BUILDING INSPF:CTION RF:PORT
1887 Letart
(INTERIOR INSPECTION)
J/j()/()3
Inspection noted:
1. Front porch needs to be replaced.
2. Damaged storm door.
3. Foundation ,val! is in need of structural repair - structural engineer design is
required.
4. Basement stairs need repair due to water damage.
5. Center bearing wall in basement needs to be replaced to MRC 2000 requirements.
6. Replace all water damaged framing.
7. Repair all wall - ceiling damage.
8. Replace all siding damage.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED Tl--IA T THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY FAf JNOWSKI. BUILDING INSPE 'TOR DATE
O:\lnspections\Grabinsh _J.orrainc\ Word\DANGEROUS BUILDING INSPECTION
R EPORTS\Sli\NDARD FORMS\ 1887 Letart interior.doc
CITY OF MUSKEGON
DANGEROUS BUILDING INSPECTION REPORT
l 887 LcTarte
I 2/9/02
Inspection noted:
I. An interior inspection is required by all trade inspectors (plumbing, mechanical.
electrical and building) before any permits or certificates of occupancy will be
issued.
2. Severe water damage and mi !clew noted in basement level.
3. West wall of basement has bow inward.
4. Significant cracking noted to basement walls.
5. Replace fornace.
6. Repair center wall and properly install columns.
7. Repair basement stairs.
8. Electrical inspection is required.
9. Front steps settling - repair or replace.
I 0. Repair or replace front screen door.
11 . Repair broken windows.
12. Electrical, plumbing. and mechanical work must be performed by licensed
contractors after appropriate permits are obtained from City of Muskegon.
Inspection Services.
BASED UPON MY RECENT INSPECTION OF TT-IE ABOVE PROPERTY. 1 l-lAVE
DETERMINED Tl-lAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTII IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
HENRY !'NL f!NOWSKI. BUILDING INSPE 'TOR DATE
O:"dnspcctions.Cirabinski_Lorraine·Wmd·JJANGEROUS BUI LIJING INSPECTION REPORTS" 1887
l,eTarte.doc
CITY OF MUSKEGON
NOTICE FOR INTERIOR INSPECTION
DATE: December 18, 2002
Address of Prope1ty: 1887 LeTarte
TO: ABN Amro Mortgage Group Inc. 1887 Letart, Muskegon, Ml 49441
[Name & Address of Owner]
None
(Interested Parties)
The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.
We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described prope1ties on Friday, January 10, 2003 at
11 :30 A.M. Failure to appear and allow the inspection will result in this office seeking
a search warrant to conduct the inspection.
CITY OF MUSKEGON INSPECTION SERVICES
Robei't B. Grabinski, Director of Inspections
Sl,,J, MICHIC'v\N
COIJNiY Of MUSKEGON
RECENED FOR RECORD
I
2~ SEP -5 All 9: 22
AFFIDAVIT OF ABANDONMENT
STATEOFMICffiGAN )
)SS
COUNTY OF OAKLAND )
Sondra D. Pvl<q being lint duly awom, deposes and 11)'11hat bdsbe is the duly authorized agent of ABN AMRO Mortpp
Group, Inc. ofa CCr1ain mortgage executed on February 21, 2001. by f'alrjcl; Clog as Mortgagor to American Fjpancjal
Mortgage Com., afftljatc of North Counl(V Ban)c & Tom aa Mortgagee, securing cer1ain lands. premi,es and property
situated in the Cjty of MuslcellOIL County of Muskegop. Michigan, mono particularly described u:
Loi 28 of Neumann's Subdivilion of Block 616 of the City of Muskegon, as recorded in Liber 8 of Plats. Page 14,
Muskegon County Reconls.
which mortpge was duly reooided in the Offioe of the Regist,r of Deeds in Muskegon County, Michigan, on Man;h 12,
iQ01 in Liber 3 ISS oo Page S72. and was u,igeed by lllid mortgagee to the ABN AMRO Mortpm nmup, Inc,. u
assignee byan 8S8ignmeot dated Febnwy 21, 2001 which was receiV?d by and reoorded Maroh 12. 2001, in Liber 315S on
Page S80 Muskegop County Recorda, and
that Swdr! D. Puker has OD August 19, 2002, caused to be mailed by certified mail, mum receipt requested, to the last
known address of said Mortgagor, a notice that said mortgage is in default and that ABN AMRO Mortgage Group Inc,
intends to foreclose it punu.ant to the provisioos of Sec. 3241, Act. No. 104 Public Acta of 1971, being Compiled Laws
(I 948) Sec. 3241, and that the Aid Mortgago< has not I<SpO!lded to Aid notioe; and
That ARN AMRO Mortgage Group, Inc. has caused to be made a pmollll inspectioo of the above described premues and
the irupection does not mu! that the Aid Mortgago< or anyone claimina under him ..., presently occupying or intend to
occupy said premises; and
affidavit to said Mortgagor at hi& last known address. J.
That on August 22. 2002. Sando D PuJm. has caused to be mailed by oertified mail, mum receipt requested. a copy of this
Ii\ n
_ ttbu. kl- Y~hNJh,
Sandno D. Pukcr
Attorney for ABN AMRO Mortgage Group. Inc.
Trott & Trott, P.C.
30400 Telegraph Road, Suite 200
Bingham Farms, Michigan 48025
Subscribed and sworn to before me at Bingham FllllDS, Michipn this 22
DRAFTED BY AND WHEN RECORDED
RETIJRN TO: Sandra D. P&der
Trott & Trot1, P.C.
30400 Telegraph Road, Suite 200
Bingham Farms, Michigan 48025
Patrick Clou / ff &T # 200224626
HBA Minutes 3/6/03
Case #02-92 -1887 Letart - Patrick Closz, 3527 Hoyt Lot 2, Muskegon
This case started when the owner requested the Inspection Department investigate
what he called "black mold". Mr. Closz purchased this HUD home in February 2001.
He has never lived in the house because of a water problem and is currently in
litigation. Every time it rains the basement gets 3- 4 feet of water in it. Mr. Tolle
was there on behalf of the bank foreclosure, as a listing agent. The water problem
was discussed in detail and whose jurisdiction the drainage problem would come
under- county or city.
Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.
A motion was made by Randy Mackie and seconded by John Warner to accept
staff recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman Clara Shepherd
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever
The motion carried.
n was present to represent this garage. She w the garage
do it. Mr. Grabinski
e by Jon Rolewicz and seconded by Nick
4 of8
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 4/22/03
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Maza de, City Manager
DATE: April 16, 2003
RE: Approval of Agreements with Muskegon Township Regarding the Sale of the Water
System
SUMMARY OF REQUEST:
To approve the following documents for the sale of the water system in Muskegon Township to
Muskegon Charter Township and settle the outstanding litigation with Muskegon Township:
1. Inter-Governmental Agreement between the City of Muskegon and Muskegon Charter
Township
2. Water Purchase Contract
3. Operation and Maintenance Agreement
FINANCIAL IMPACT:
Sale of the water system will generate $1 million for the City's water system.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the agreements.
COMMITTEE RECOMMENDATION:
None
O:COMMON\OEPTMENl\ADMIN\AGNDAFRM
JMS · 0: (MUSKTWNSHIP-WTR SYSTEM SALE)
PARMENTER o-TOOLE
Attorneys at Law
175 West Apple Avenue • P.O. Box 786 • Muskegon, Michigan 49443-0786
Phone 231.722.1621 • Fax 231.722.7866or231.728.2206
www.Parmenterfaw.com
April 23, 2003
Gail Kundinger
City Clerk
City of Muskegon
933 Terrace
Muskegon,MI
Re: Sale of Water System
Dear Ms. Kundinger:
Enclosed please find the following fully executed original documents:
1) Inter-Governmental Agreement Between the City of Muskegon and the Charter
Township of Muskegon, with all Attachments;
2) Operation and Maintenance Agreement;
3) Water Purchase Contract; and
4) Termination of 1994 Extension Agreement.
After I receive a conformed copy of the Consent Order of Dismissal, I will put together a book of
all documents.
Sincerely yours,
M~::,~:;'..,
Fax: 231. 728.2206
E-Mail Address: jcs@parmenterlaw.com
c: Bryon Mazade (without copies)
Tim Paul (without copies)
Bob Kuhn (without copies)
G:\EOSI\FILES\00100\025403\LTR\AW0785.DOC
INTER-GOVERNMENTAL AGREEMENT BETWEEN
CITY OF MUSKEGON AND CHARTER TOWNSHIP OF MUSKEGON
This Agreement is effective on p--z._,,
2003, between the City of Muskegon, of933
Ten-ace Street, Muskegon, Michigan (" ity") and Charter Township of Muskegon, 1990 E.
Apple Avenue, Muskegon, Michigan ("Township").
Introduction
A. In 1972 a Judgment was entered in the United States District Court for the
Western District of Michigan in Civil Action No. 4731 that provided for the operation, guarantee
of financing and ownership of Muskegon Township Water System No. 2.
B. In 1995 the parties signed an agreement providing for the 1994 extension of the
Water System ("1994 Extension Agreement"), in which the City consented to the extension of
the water system.
C. The parties believe that the sale to the Township of the Muskegon Township
Water System No. 2 (hereinafter "Water System,") as described in Exhibit A hereto and an
agreement as to the distribution between the parties of the overall costs and responsibilities
related to the operation and maintenance of the Water System, now, and in the future
("Operations and Maintenance Agreement"), will resolve current and future disputes regarding
the system. Acceptance and execution of this Agreement will result in a dismissal of the pending
lawsuit and all disputes relating to ownership and operation of the Water System.
Purpose of the Agreement
The parties intend that this Agreement shall:
1. Provide the terms of sale of the Water System.
2. Identify all costs and expenses to be paid by the Township related to the transfer
of ownership of the Water System.
3. Identify the respective obligations of the parties as to the future operation and-···
maintenance of the Water System, including preserving water service to the City of Muskegon's
Port City Industrial Park following the sale of the Water System.
4. Resolve certain specific issues presently between the parties:
a. Hydrant rentals past and future;
b. Provide for a vacation of the 1972 Judgment, as amended, and a
termination of the 1994 Extension Agreement; and
c. Fully settle the pending litigation between the parties hereto.
G:\ED$1\FILES\00100\025403\AG\AV9976.DOC
Incorporating the above introductory provisions and the statement of purpose, the
parties agree as follows:
l. Sale of the Water System. The City agrees to sell to the Township and the Township
agrees to purchase the Water System.
2. Purchase Price; Payment Terms. The purchase price for the Water System is
$1,000,000, which shall be paid as follows:
a. Downpayment. Township shall pay the City $500,000 in cash, certified funds
or wire transfer within 30 days after the date all documents necessary to effectuate this
purchase have been executed; and
b. Balance of Purchase Price. The balance of the purchase price shall be paid
by the Township no later than 12 months following the date of the downpayment without
demand for such.
3. Required Actions of Parties. At the time this Agreement is executed, the parties will
take the following actions and deliver the following documents:
a. City will execute and deliver to Township within 15 days, following payment
in full, a Bill of Sale for the Water System, a copy of which is attached as Exhibit Band
copies of all as-built plans for the system as may be requested by the Township to the
extent City has such;
b. The City and the Township shall execute the following agreements:
i. Operations and Maintenance Agreement, a copy of which is
attached as Exhibit C;
u. Water Purchase Contract, a copy of which is attached as Exhibit D;
and
c. The parties shall instruct their attorneys to execute and file a stipulation
for dismissal of the Lawsuit with prejudice and without costs, a copy of which is attached
as Exhibit F. The parties shall execute Exhibit E to terminate the 1994 Extension
Agreement and such other documents as may be reasonably requested by the respective
party related to effectuating the terms of this Agreement.
4. Responsibilities of Township Following Purchase. Following the purchase of the
Water System, the Township shall have the following responsibilities, duties, and
obligations:
a. Harvey Street Reservoir.
1. Within two years following the effective date of this Agreement,
G:\EOSI\FILES\00100\025403\AG\AV9976.DOC
the Township shall pay for the acquisition and installation of the following:
(1) Separate electric and control panels; and
(2) New electric meter;
ii. Township shall own, operate, replace and maintain the pumps,
valves and controls, transformer switchgear and motor control center dedicated to
the Water System that are located therein;
111. Township shall be responsible to pay for power costs, including
alternate power installation and maintenance for the operation of the Water
System including the Port City Industrial Park ("Industrial Park"), while the City
will be responsible for electrical power costs for pumping to city mains not within
the Industrial Park;
iv. Township shall be responsible to pay all costs charged by the City
to maintain, operate, and calibrate telemetry devices at the filtration plant; and
v. Township shall own existing and future master meters and the
City, at its discretion, may request calibration when deemed necessary pursuant to
the Water Purchase Contract of even date.
b. Keating Avenue Pump Station.
1. Township assumes ownership of Keating Avenue Station;
11. Township will be responsible for all of the costs, operations, and
maintenance;
iii. It is anticipated that the Keating Avenue Pump Station will
eventually be abandoned when the Township constructs a second reservoir; and
iv. Township shall own existing and future master meters and the
City, at its discretion, may request calibration when deemed necessary pursuant to
the Water Purchase Contract of even date.
c. Evanston Avenue Elevated Tank ("Tank").
1. Township assumes ownership of Tank;
ii. After the date of execution, Township will be responsible, at its
own expense, for all Tank maintenance;
G:\EDS I\FI LES\00100\025403\AG\AV9976. DOC
iii. Township will be responsible to pay all costs charged by the City
to maintain, operate, and calibrate the telemetry systems; and
iv. City has entered into a Site Lease with NPI Wireless-Traverse City
relating to the elevated tanks at Evanston Avenue, which is being sold by City to
Township, and Marshall Street and Nims Street, which will remain owned by the
City. A copy of the Site Lease is attached as Exhibit G. Effective upon execution
of this Agreement, City agrees that Township is entitled to one-third (1/3) of all
amounts payable thereafter by NPI to City pursuant to the Site Lease and in
furtherance thereof City assigns all of its rights and obligations as to the Evanston
Avenue site. The parties agree that the City will use its best efforts to amend the
Site Lease with NPI to provide the Township with all of the rights, obligations,
and protection that the City has as "owner" with respect to the Evanston Avenue
tank and that such amendment may include the ability of Township to be paid
directly by NPI under the terms and conditions of the Site Lease as to the
Evanston Avenue tank. If such amendment cannot be effected with NPl, then
payment reflecting one-third (1/3) of the future NPI payments shall be made by
City to Township on a mutually agreeable schedule.
The Township will permit the City to place a communication device, without rent,
on the Tank for its own use at City's cost, provided such placement does not
produce interference with existing devices located thereon and does not impair or
adversely affect the structural integrity or operation of the Tank.
d. Proposed Northerly Reservoir.
i. It is anticipated that the Township will eventually build a new
ground level Nmtherly Reservoir to provide the Township's secondary water
source. All costs related to the construction of the proposed Northerly Reservoir
will be paid by entities other than the City; and additional costs for infrastructure
necessary to fill said reservoir shall be shared on a mutually agreed upon basis;
and
ii. Once the Northerly Reservoir is constructed, the Township as
owner of the Keating Avenue Booster Station shall abandon and shut it down on a
schedule determined by the Township.
5. Responsibilities of City Following Sale. Following the sale of the Water System,
the City shall have the following responsibilities, duties, and obligations:
a. Harvey Street Reservoir.
i. City will maintain and replace, at City's discretion and its own
expense, the containment structure;
11. City will pay for any necessary building improvements and
grounds care;
G;\EDSI\FILES\00100\025403\AG\AV9976. DOC
m. City will maintain, at the Township's expense, operating,
replacing, and calibrating of telemetry devices that pertain to the operation of the
Water System; City, at City expense, will operate, replace and calibrate telemetry
devices that pertain to the City's Water System other than the City's Port City
Industrial Park;
iv. Township shall own existing and future master meters and the
City, at its discretion, may request calibration when deemed necessary pursuant to
the Water Purchase Contract of even date;
v. City will operate and maintain the pumps, valves and controls
dedicated to City; and
v1. City shall calibrate its meters in the Industrial Parle
b. Keating Avenue Pump Station.
Township shall own existing and future master meters and the City, at its
discretion, may request calibration when deemed necessary pursuant to the Water
Purchase Contract of even date.
c. Evanston Avenue Elevated Tank.
i. City will, at Township's expense, maintain, operate, and calibrate
telemetry device for the tank; and
ii. Within 90 days of closing, unless weather prohibits, City will paint
"Township of' on the water tower subject to Township's prior approval.
d. Proposed Northerly Reservoir.
i. Township shall own existing and future master meters and the
City, at its discretion, may request calibration when deemed necessary pursuant to
the Water Purchase Contract of even date; and
ii. Once constructed, the City will be responsible to fill the Proposed
Northerly Reservoir using City normal operating water pressure.
e. Industrial Park. The City will maintain, at its own expense, the transmission
mains that run through the Industrial Park which serve the Water System.
6. Billing Services. The City shall provide billing services for the Township at no
charge for a period of twelve months commencing on the date the Township pays the down
payment of the purchase price to the City. At the conclusion of the twelve month period, the
City and Township may agree to continue having the City undertake the billing function
based upon a mutually agreeable fee. City shall send notice to Township customers of water
G:\EDSI\F!LES\00100\025403\AGVW9976.DOC
rate adjustments effective upon separation, based upon mutually agreeable language. During
the period that the City provides billing services to the Township, the Township agrees to
defend against and pay claims solely related to water rate increases initiated by Township.
7. Hydrant Rental Fees. The parties agree that all claims for fees or credits for past or
future hydrant rentals are waived.
8. Restrictions Regarding Use of Water System. The Township agrees as follows:
a. Compatibility. The City must approve of all specifications pertaining to
supply systems such as telemetry compatibility, pumps, operators, valving, and metering.
Any new or replacement items that are added to or used upon the Water System must be
compatible with the operations of the City's water system. It shall be in the sole
discretion of the City whether such is compatible;
b. No Additional Pressnre Boosting Stations. No new in-line pressure
boosting stations will be permitted to be connected to the City system, it being the intent
of the parties that the Keating Avenue Pumping Station shall be the only such station
permitted on the Water System; and
c. Maximum Water Supply and Geographical Area. At no time shall the
water usage by the Township exceed 3.6 MGD peak day, and the geographical area for
which the City shall provide water shall be limited to Muskegon, Egelston, and Moorland
Townships.
9. Arbitration. Any controversy or claim arising out of or relating to this
Agreement, or breach thereof, but specifically excluding the Water Purchase Agreement and
Operation and Maintenance Contract, shall be settled by arbitration. In the event of arbitration
pursuant to any provision contained herein, each party shall select an individual to serve on the
arbitration panel and the two so selected shall select a third. All arbitrators selected herein shall
have with expertise to resolve the arbitrable issue(s). The three shall form the arbitration panel
with the votes of two necessary to resolve any issue(s) submitted to arbitration. Each party shall
bear their costs and the cost of the person they select to serve on the panel. The cost of the
neutral arbitrator and incidental costs, room rental, etc., shall be split evenly between the two
paiiies. The parties agree that the Arbitration Hearings shall be_!J~ld in Muskegon County.
10. Miscellaneous.
a. Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
b. Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to its subject matter. This Agreement supersedes and/or replaces
any oral or written Agreement(s) relating to the subject matter entered into by the parties
before the date of this Agreement.
G:\EOSI\FlLES\00100\025403\AG\AV9976.DOC
c. Additional Agreements. Buyer and Seller agree to enter into any further
agreements, contracts or consents necessary to fully effectuate the terms of this
Agreement.
The parties have executed this Agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
G:\EDS 1\FILES\001 00\025403\AG\AV9976. DOC
EXHIBIT A
MUSKEGON TOWNSHIP WATER SYSTEM NO. 2 FACILITIES AND COMPONENTS
500,000 GALLON ELEVATED STORAGE TANK ON EVANSTON AVENUE
INCLUDING INSTRUMENTATION AND W ARANTIES, IF ANY, AND RADIO
TELEMETRY EQUIPMENT.
KEATING AVENUE PUMP STATION (1316 KEATING AVENUE) INCLUDING
ELECTRICAL EQUIPMENT, PUMPS, MOTORS, VALVES, INSTRUMENTATION
AND RADIO TELEMETRY EQUIPMENT.
PUMPS, VALVES, AND CONTROLS DEDICATED TO THE TOWNSHIP
PRESSURE ZONE LOCATED IN THE HARVEY STREET RESERVOIR (2501 S.
HARVEY STREET) INCLUDING TRANSFORMER, SWITCH-GEAR, MOTOR
CONTROL CENTER, INSTRUMENTATION AND RADIO TELEMETRY
EQUIPMENT.
ALL EXISTING LEASES FOR COMMUNICATIONS DEVICES LOCATED ON THE
EVANSTON A VENUE ELEVATED TANK.
MUSKEGON TOWNSHIP WATER SYSTEM NO. 2 LOCATED WITHIN THE
CHARTER TOWNSHIP OF MUSKEGON AND ALL APPURTENANCES,
EXTENSIONS, AND AS-BUILT DRAWINGS, EXCEPTING THEREFROM THE 24"
TRANSMISSION MAIN FROM THE HARVEY STREET RESERVOIR SUPPLYING
THE ENTIRE MUSKEGON TOWNSHIP SYSTEM AND THE PIPING SYSTEM,
INCLUDING ALL APPURTENANCES, WITHIN THE CITY'S INDUSTRIAL PARK
BOUNDARIES.
8 INCH AND 12 INCH WATER MAIN IN LAKETON A VENUE RIGHT OF WAY
WITHIN THE CITY OF MUSKEGON FROM ROUSE STREET EASTWARD.
12 INCH PIPE IN KEATING AVENUE WITHIN THE CITY OF MUSKEGON
EXITING FROM THE KEATING AVENUE LIFT STATION EASTWARD WHICH
WILL BE ABANDONED UPON THE COMPLETION OF THE NORTHERLY
RESERVOIR.
G:\EDSI\FILES\00100\025403\AG\AV9976.DOC
EXHIBITB
BILL OF SALE
G:\EDSI\FILES\00100\025403\AG\AV9976.DOC
BILL OF SALE AND ASSIGNMENT
The City of Muskegon, of 933 Terrace Street, Muskegon, Michigan ("City "), for valuable
consideration, the receipt of which is acknowledged, sells, warrants, and assigns to Charter Township of
Muskegon, of 1990 E. Apple Avenue, Muskegon, Michigan ("Township") all of its right, title, and
interest in certain water system facilities and components, commonly referred to as the Muskegon
Township Water System No. 2 (the "Water System"), specifically identified on attached Exhibit A.
City covenants and agrees with Township to warrant and defend title to the Water System
transferred against any and all persons and claims.
City further represents and warrants, as follows:
1. City has the full right to sell and transfer the Water System.
2. City warrants that title to the Water System is clear and unencumbered, and agrees to
defend that title as vested, by reason of this sale, in Township against any and all claims.
The Water System is sold without any express or implied warranties, except the warranties
specifically stated above. The Township has had ample opportunity to inspect the Water System. City
makes no representations about the condition, performance, or safety of the Water System as they exist
now.
City has executed this Bill of Sale on
---------
City - City of Muskegon
An1crt111 /nfcrnaiionil/ - f'o!c p. I
1 O( liefs Dh-i,1·ioll By_ _ _ _ _ _ _ _ _ __
Stephen J. Warmington, Mayor
and. _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger, MMC, Clerk
_ _ _ _ _ _ _, Notary Public
Muskegon County, Michigan
My Comm. Expires: _ _ __
G:\EDSI\FILES\00100\025403\BOS\JW6561.DOC
EXHIBITC
OPERATIONS AND MAINTENANCE AGREEMENT
G:\EDSI\FILES\00100\025403\AG\AV9976.DOC
OPERATION AND MAINTENANCE AGREEMENT
This Agreement is effective ongP/<IL Z. ~ , 2003, between the City of
Muskegon, 933 Terrace Street, Muskegon, Michigan ("City"), and the Charter
Township of Muskegon, 1990 East Apple, Muskegon, Michigan ("Township").
Introdnction
A. In 1972 a Judgment was entered in the United States District Court for the
Western District of Michigan that provided for the operation, guarantee of financing and
ownership of the Muskegon Township Water System No. 2 located in Township.
B. The City and Township have entered into a contract for the sale of the
Muskegon Township Water System No. 2 as described in Exhibit A of the "Inter-
Govemmental Agreement between City of Muskegon and Charter Township of
Muskegon" ("Water System").
C. The Township and City desire to enter into a contract for the City to
provide operation and maintenance functions of the Water System.
THE PARTIES AGREE AS FOLLOWS:
I. Maintenance Function. The City agrees to provide emergency on-call
maintenance, routine maintenance and meter reading.
2. Rate. City shall charge Township on a time-and-material basis, as follows:
a) Material. City shall charge Township for all materials at cost plus the
City Commission standard overhead rate, which is presently fifteen percent (15%). City
shall provide itemized bills for materials.
b) Sub-contractors. City shall charge Township for all sub-contractors at
cost plus the City Commission determined standard overhead rate, which is presently
fifteen percent (15%). City shall provide itemized bills for sub-contractors.
c) Time. City shall charge Township for all time attributable to the Water
System, including travel time and any minimum time that the City is obligated to pay an
employee. City shall charge the Township the hourly rate the City pays the employee
performing the work, plus a calculated percentage to cover fringe benefits and other
non-direct costs plus the City Commission determined standard overhead rate, which is
presently fifteen percent (15%). The calculated percentage multiplier shall be detennined
annually based on the current City of Muskegon Water Utility Maintenance Budget.
G:\EDSI\FILES\00100\025403\AG\AV3052.DOC
d) Equipment. The charge for equipment shall be at the rate that the State
of Michigan sets for equipment rental. If the State does not have such a charge, the rate
shall be that set by the City.
e) Rate Changes. As the hourly rates for employees and cost of fringe
benefits change, City shall immediately inform Township as to changes in hourly rates,
fringe benefit costs, and overhead rate. Changes in the overhead rate will be applied
prospectively, only, but the hourly rate and fringe benefit cost may be changed
retroactively, but only if the settlement of a labor contract results in a change in the
hourly rate of City employees.
3. Payment. Township shall pay City, as follows:
a) Annual Fee. Township shall pay City on a calendar year basis an
amount equal to one man year equivalent ($80,000 in calendar year 2003). The annual
one man year equivalent will be determined each year based on the annual City of
Muskegon Water Maintenance Budget and will be equivalent to the estimated cost of one
man year. The formula for determining the one man year equivalent, using actual 2003
figures, is attached as Exhibit A. City shall bill the Township on a monthly basis for the
amount owed on the Water System for the previous month. The Township shall pay any
such monthly bill within 30 days of receipt. At the end of each calendar year there shall
be a reconciliation between what the Township actually paid during that calendar year
and the amount equal to one man year equivalent for that particular year. To the extent
that the Township paid less than the amount established for that particular calendar year's
one man year equivalent, Township shall pay the difference to the City within thirty (30)
calendar days. The annual fee shall be on a pro rata basis for calendar year 2003.
b) City shall send an invoice to Township for materials, sub-contractors,
and equipment on a regular basis, in any event not later than the 30th day of the month
following the close of the month in which such services were rendered. Township shall
pay such charges within thirty (30) days.
4. Arbitration. Each party shall have the right to arbitrate disputes relating to this
contract, except for disputes relating to the hourly rate of City employees and the
calculated percentages to cover fringe benefits and other non-direct costs. As to
arbitrable matters each party shall select an individual to serve on the arbitration panel
and the two so selected shall select a third. All arbitrators selected herein shall have
expertise to resolve the arbitrable issue(s). The three shall form the arbitration panel,
with the votes of two necessary to resolve any matter. The cost of the neutral arbitrator,
and any incidental expenses, shall be split evenly by the parties. The arbitration award
may be entered in any court having jurisdiction. Arbitration Hearings shall be held in
Muskegon County, Michigan.
G:\EDSI\FILES\00100\025403v\G\AV3052.00C
5. Miscellaneous.
a. Governing Law. This Agreement shall be governed in all respects by the
laws of the State of Michigan.
b. Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to its subject matter. This Agreement supersedes and/or replaces
any oral or written Agreement(s) relating to the subject matter entered into by the parties
before the date of this Agreement.
c. Additional Agreements. City and Township agree to enter into any
further agreements, contracts or consents necessary to fully effectuate the terms of this
Agreement.
d. Termination. Either party may terminate this contract on one hundred
eighty (180) days notice.
e. Assignment. This contract may be assigned by the Township to the
County of Muskegon or an entity consisting of the Township, County of Muskegon,
Egelston Township, Moorland Township and/or the Northside water system after
notification to Seller. Assignment to any other entity, or an entity which includes entities
other than specified above, shall only be permitted upon prior review and approval of
Seller, which shall not be unreasonably withheld.
The parties have executed this Agreement with the consent and approval of their
governing bodies. It is effective on the effective date set forth above.
Charter Township of Muskegon
Date: 'f/2,,
7
?.-,,
, 2003 By (?
Date: '(17,.v , 2003
I
'f 'L /z..
Date:-~,~------- , 2003
Date: _'1..f..(_7..._'1--
_ _ _ _ _ , 2003
G:\EDSI\FILES\00100\025403V'\G\AV3052.DOC
!Total Chargeable Sa_l"1ries Excluding vacations, sick leave, holidays
! - -- I - -
I
I Fringes Includes vacati~ns,s1ck leave,h_olid_ars __ - ! '
Supervision + Fringes _ [ ; - L
Contractual Services - · 1 f.fofcharged di,rectly- Lai:irictryService,MedicalServices,Pri11ting~BuITd1ng-rental
I_ ---~~L____ __ __J L _ __
_ _ jSuJ)r,lies_ _ ___ ~tJ~lic:_atio_ris,r:i:ie_r_riberships,uniforms,tools,repair !illp_[>~e_s,e_ciuip_me~t supp_l~e~
Other
--- ---- -- - -- -- J__
Training, Travel.Seminars
---------- -- ----- --- - ,-- -- --------
I ···----- ·------- --------1··~.------·------+--------t--- I
' Minor Capital__ _ ____ _§quiJJment p_urcrh_ase_s, equipment repair ' ----
I Example Multplier Calculation
I
I- - - -----j~~;~~;able Salaries__ -- -
Supervision + Fringes
_ 1----
:
- :~~¾'~"~-~-r ---- .
369,314.00
1- - -1------ I
r--- _ __ j ~~~~T~;ual s~_rvices _-:-_=--~~~ r_-~ _ _-__2_!-:~:;-~-;-:~-~-+-------+--
' I
~:~~; Capital =.====f _ I -::~1{{§+---
1,092,960.00 Ji_ 783,877.00 ---- 1.394
1--------- - 1.000
-- -2.3941MULTIPLIER --
15.96hr X 2.394 $38.20 IHR
-t------~- ------~-+--
I I
I
-----iExample Mar,Year Equiva'lent Calculation 2080hr X $38.20 $79,456 IYear
: --- -- - - I I
I · - - -- I 1 -
EXHIBITD
WATER PURCHASE CONTRACT
G:\EDSI\FILES\001 00\025403\AG\AV9976.DOC
WATER PURCHASE CONTRACT
This contract for the sale and purchase of water is entered into as of the _"c. c day of
A r/<J1..... , 2003, between the CITY OF MUSKEGON, a Michigan Municipal Corporation,
933 Terrace Street, Muskegon, Michigan 49442, hereinafter referred to as the "Seller," and the
CHARTER TOWNSHIP OF MUSKEGON, a Michigan Municipal Corporation, 1990 E.
Apple Avenue, Muskegon, Michigan hereinafter collectively referred to as the "Purchaser",
WITNESSETH:
WHEREAS, the Seller owns and operates a water supply distribution system with a
capacity currently capable of serving the present customers of the Seller's system and the
estimated number of water users to be served by the said Purchaser pursuant to this contract; and
WHEREAS, Purchaser, contemporaneous with this agreement, will be acquiring the
Muskegon Township Water District No. 2 as described in Exhibit A of the "Inter-Governmental
Agreement Between City of Muskegon and Charter Township of Muskegon" ("Water System"),
which presently provides water to certain portions of Muskegon Township, and may provide
water to additional areas in Muskegon Township, as well as Egelston Township and Moorland
Township.
SELLER AGREES:
I. Quality and Quantity. To furnish the Purchaser at the point of delivery hereinafter
specified, during the term of this contract or any renewal or extension thereof,
potable treated water meeting applicable purity standards of the State of
Michigan, Department of Public Health, Division of Water Supply in such
quantity as may be required by the Purchaser not to exceed 3.6 million gallons per
peak day.
2. Point of Delivery and Pressure. That water will be furnished at normal City
operating pressures at ground level reservoirs (current and future). Emergency
failures of pressure of supply due to main supply line breaks, power failure, flood,
fire and use of water to fight fire, earthquake or other catastrophe shall excuse the
Seller from this provision for such reasonable period of time as may be necessary
to restore service.
3. Reading of Meters. The master metering equipment shall be read on a regular
basis at least once per month. Final billable flows to the Purchaser will be
determined by subtracting flows from the City's customer meters in the City's
Industrial Park from the Purchaser's master meter readings to determine net
Purchaser flow.
G:\EDSI\FILES\00100\025403\AG\AV3022.DOC
4. Billing Procedure. To furnish the Purchaser at the above address, on a regular
basis, with an itemized statement of the amount of water furnished the Purchaser
during the preceding month.
PURCHASER AGREES:
1. Rates and Payment Date. To pay the Seller, not later than 30 days after invoice
for water delivered in the previous month in accordance with the following
schedule of rates:
a. A rate equal to 1.35 times the rate charged by the Seller to its own
customers within the City of Muskegon during the existence of this
contract. Such charge to be determined by applying such rate to the actual
units of water delivered, as calculated from the above master meter
reading procedure. Purchaser agrees that it has the right but not the
obligation to examine and review Seller's costs to supply water. Purchaser
and Seller agree that the rate agreed upon (135%) is acceptable for the
term of this contract and not legally invalid.
b. Bills not paid after due date shall be subject to be paid with interest at
12% per annum from their due date until paid.
C. That master meters registering not more than two percent (2 % ) above or
below the test result shall be deemed to be accurate. The previous readings
of any meter, disclosed by test to be inaccurate, shall be corrected for the
six (6) seasonally adjusted months previous to such test in accordance
with the percentage of inaccuracy found by such tests. If any meter fails to
register for any period, the amount of water furnished during such period
shall be deemed to be the amount of water delivered in the corresponding
period in the previous year, unless Seller and Purchaser shall agree upon a
different amount.
2. Purpose of Purchased Water.
a. That water purchased is for purposes of supplying water to the areas of the
Charter Township of Muskegon, and possibly Egelston Township, and
Moorland Township. Purchased water shall not be supplied outside of
those areas without the express written consent of the Seller or by an
amendment to this contract.
b. Purchaser agrees that it shall purchase all its water supply from Seller,
delivered through the master meter(s). There shall be no purchase of
water by Purchaser for its municipal system from any other source, and
the water supply furnished by Seller shall be solely for consumption
within the corporate boundaries of Purchaser except when connection is
G:\EOSI\FILES\00100\025403\AG\AV3022.00C
made for Egelston Township and Moorland Township.
3. Backflow Prevention. Purchaser agrees to include in its system all necessary
devices to prevent backflow of any kind into the Water System which might
contaminate the Water Systems of Seller or Purchaser from backflows occurring
in Purchaser.
4. Master Meter Replacement and Calibration.
a. The Purchaser shall own existing and future master meters which meter
total flow of water into the Water System. If the condition of any master
meter indicates the need for replacement, the Purchaser shall do so at its
cost. The Purchaser shall pay costs for all annual recalibrations.
b. Annual recalibration of master meters by Purchaser at Purchaser's cost
shall coincide with annual recalibration of City Industrial Park customer
meters equal to or larger than 4 inches at City cost.
c. The Seller may at its discretion request calibration of the Purchaser's
master meters when deemed necessary. The cost for the calibration shall
be paid by the Purchaser if calibration is over two percent (2%) accuracy
of the meter. The cost for the calibration shall be paid by the Seller if
calibration is not over two percent (2%) accuracy of the meter.
d. The Purchaser may at its discretion request calibration when deemed
necessary of City Industrial Park customer meters equal to or larger than 4
inches. The cost for the calibration shall be paid by the Seller if
calibration is over two percent (2%) accuracy of the meter. The cost for
the calibration shall be paid by the Purchaser if calibration is not over two
percent (2%) accuracy of the meter.
IT IS FURTHER MUTUALLY AGREED BETWEEN THE SELLER AND THE
PURCHASER AS FOLLOWS:
1. Term of Contract. That this contract shall extend until December 31, 2021, and,
thereafter, may be renewed or extended for suclfterm, or terms, as may be agreed
upon by the Seller and Purchaser.
2. Failure to Deliver. That the Seller will, at all times, operate and maintain its
system in an efficient manner, and will take such action as may be necessary to
furnish the Purchaser with quantities of water required by the Purchaser.
Temporary or partial failures to deliver water shall be remedied with all possible
dispatch. In the event ofan extended shortage of water, or the supply of water
available to the Seller is otherwise diminished over an extended period of time,
the supply of water to Purchaser's consumers shall be reduced or diminished in
the same ratio or proportion as the supply to Seller's other consumers.
G:\EOSI\FILES\00100\025403\AG\AV3022.DOC
3. Modification of Contract. That the provisions of this contract, pertaining only to
the schedule ofrates to be paid by the Purchaser for water delivered, are subject
to modification on 90 day's notice. Other provisions of this contract may be
modified or altered only by mutual agreement.
4. Regulatory Agencies. This contract is subject to such rules, regulations, or laws as
may be applicable to similar agreements in this State. The Seller and Purchaser
will cooperate in obtaining such permits, certificates, or the like, as may be
required to comply therewith.
5. Successor to the Purchaser. In the event of any occurrence rendering the
Purchaser incapable of performing under this contract, any successor of the
Purchaser, whether the result of legal process, assignment, or otherwise, shall
succeed to the rights of the Purchaser hereunder.
6. Assignment. This contract may be assigned to the County of Muskegon or an
entity consisting of the Purchaser, County of Muskegon, Egelston Township,
Moorland Township and/or the Northside water system after notification to
Seller. Assignment to any other entity, or an entity which includes entities other
than specified above, shall only be permitted upon prior review and approval of
Seller, which shall not be unreasonably withheld.
In witness whereof, the parties hereto, acting under authority of their respective governing
bodies, have caused this contract to be duly executed.
CHARTER TOWNSHIP OF MUSKEGON,
Purchaser
es E. Nielsen, Clerk
G:\EDSI\FILES\00100\025403\AG\AV3022.DOC
EXHIBITE
TERMINATION OF 1994 EXTENSION AGREEMENT
G:\EDSI\FILES\00100\025403\AG\AV9976.DOC
TERMINATION OF 1994 EXTENSION AGREEMENT
Effective this z_ c_
day of J.f'!",Rr '-- , 2003, the CITY OF MUSKEGON, a Michigan
Municipal Corporation, 933 Terrace Street, Muskegon, Michigan 49442, hereinafter referred to
as the "City," and the CHARTER TOWNSHIP OF MUSKEGON, a Michigan Municipal
Corporation, 1990 E. Apple Avenue, Muskegon, Michigan hereinafter collectively referred to as
the "Township", agree as follows:
1. In 1995, the parties signed an agreement providing for the 1994 extension of the
Muskegon Township Water System No. 2 ("Water System"), in which the City consented to the
extension of the Water System.
2. Contemporaneous with this Agreement, the parties have executed an agreement entitled
the "Inter-Governmental Agreement Between the City of Muskegon and the Charter Township
of Muskegon" which provides for the sale of the Water System by the City to the Township.
3. Based on the sale of the Water System, the 1994 Extension Agreement is hereby null and
void and of no further effect and any obligations pursuant to the 1994 Extension E Agreement
are waived.
CHARTER TOWNSHIP OF MUSKEGON
G:\EDSI\FILES\00100\025403\AG\AV6701.00C
EXHIBITF
DISMISSAL OF LITIGATION
G:\EOSJ\FILES\00100\025403\AG\AV3023.DOC
~""':'·
1_, t ·:
UNITED STATES DISTRICT COURT FOR THE
OJ APR 23 PM 3: 37
WESTERN DISTRICT OF MICHIGAN
'· : o ..,,:; T C~J~ftt.t\
Wf.:ST~.-.:-i :::s;:11ci MICH
r V ---A)/f /J
CHARTER TOWNSHIP OF MUSKEGON, FILE NO. l:00-CV-717 °'--'-'- rr-·----
1
Plaintiff, HON. ROBERT HOLMES BELL.
v.
CITY OF MUSKEGON,
Defendant.
_________________ /
Philip A. Grashoff, Jr. (Pl4279)
VARNUM, RIDDERING, SCHMIDT & HOWLETT, LLP
Attorneys for Charter Township of Muskegon
formerly Muskegon Township
333 Bridge Street, N.W.
Grand Rapids, MI 49504
(616) 336-6431
John C. Schrier (P36702)
Scott R. Sewick (P54392)
PARMENTER O'TOOLE
Attorneys for Defendant City of Muskegon
175 W. Apple Avenue
P.O. Box 786
Muskegon,MI49443-0786
(231) 722-1621
------------------'
CONSENT ORDER OF DISMISSAL
At a session of said Court held in the U.S. District Court, Western
District of Michigan, on this cJ..iJ day of April, 2003.
Present: Hon. Robert Holmes Bell
The Court having reviewed the parties' stipulation to dismiss the complaint with
full prejudice and without costs and the court otherwise being duly advised in the
premises;
G:\£MN'lLES\00100'Cll401\0llDU\AU222t.DOC
IT IS ORDERED that the complaint filed in this cause be hereby dismissed with
prejudice and without costs.
IT IS FURTHER ORDERED that the judgment entered by the Honorable
Wallace W. Kent on June 15, 1972 in case number 4731 is hereby vacated and held for
a~~-~
naught.
Hon. Robert Holmes Bell
'
oho C. Schrier (P36702)
-
PARMENTER O'T00LE
Attorney for Defendant
G:'20Sl\flLESIDOIOO'DlS401\0llDEJl\AU2lll.OOC
EXHIBITG
EVANSTON AVENUE ELEVATED TANK LEASES
G:\EOSI\FILE$\00100\025403\AG\AV9976.DOC
...
/'
9 f- '/J'C,I)
SITE LEASE
THIS SITE LEASE ("Lease") is made and entered into on this L
day of ;~ f,h, r
1998, by and between City of Muskegon, a Michigan Municipal Corporation, whose address is
933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443 ("Owner"), and NP!
WIRELESS-TRAVERSE CITY, LLC, a Michigan Limited Liability Company, whose address is
3054 Cass Road, Traverse City, Michigan 49684 ("NPI").
WITNESS ETH:
I. Leased Site. Owner leases to NP!, and NP! hires from Owner, on the terms and
subject to the conditions contained herein, space at the top of three existing water towers located
at Marshall Street, Muskegon, Michigan, Nims Street, Muskegon, Michigan, and Evanston
Street, Muskegon, Michigan ("Water Towers"), and a 100 square foot area at the base of the
Water Towers, which is required for cable runs to connect NP! equipment and an easement for
the right of access thereto and for a suitable service of electricity, telephone and other utility
facilities under the property described on attached Exhibit A (collectively, the "Site"). The
parties acknowledge and agree that Owner's execution of this lease constitutes a permit for NP!
to use the Site and that NP! intends to locate at the Site shown on attached Exhibit A, a PCS
antenna array and associated cables, wires, electrical equipment, base station, etc. (the "Antenna
Facilities").
2. Term. The initial term ("Initial Term") of this Lease shall be for a period of ten
(I 0) years, commencing on the date this Lease is executed on behalf of NP! (the
"Commencement Date").
3. Renewal Option. NPI may extend this Lease after the Initial Term for an
additional ten (10) year period (the "Extension Term") provided that NP! gives Owner written
notice of its intention to extend this Lease at least ninety (90) days before the expiration of the
Initial Term. The word "Term" as used in this Lease shall include the Initial Term and any
Extension Term.
4. Rent. NP! shall pay to Owner monthly rent during the Term of this Lease in the
amounts set forth in the attached Exhibit B, payable in advance in monthly installments on the
first day of each month during the Term ("Rent"). The Rent payments for the partial months at
the beginning and end of the Term shall be appropriately prorated. The first Rent payment will be
due when NP! begins installing its equipment. All payments shall be made by check mailed to
Owner at the address set forth above, care of Robert H. Kuhn, Director of Public Works, or such
other place as Owner may from time to time designate in writing. A change of Owner's address
will be effective ten ( 10) days after notice of same has been given to NP!.
G:\COMMON\AKU\SITE2.LSE - 1-
5. Possession. NPI shall take non-exclusive possession of the Site on the
Commencement Date.
6. Use of the Site.
a. NPI, at NPI's sole expense, may use the Site for the installation, operation
and maintenance of its Antenna Facilities for the transmission, reception and operation of
a communications system and uses incidental thereto, and for the storage of related
equipment in accordance with the terms of this Lease. Owner may permit others to use
other portions of the Water Towers and/or the Site. NPI's installation of all such Antenna
Facilities shall be done according to plans approved by Owner. NPI shall be strictly
liable for any contamination caused to water in the Water Towers or damage done to the
Water Towers and/or the Site during installation and/or during operations. Any
contamination caused to water in the Water Towers shall be remedied by NPI within
twenty-four (24) hours of being notified of the same. Any damage done to the Water
Towers and/or the Site during installation and/or during operations shall be repaired or
replaced within ten (I 0) days at NP I's sole expense and to Owner's sole satisfaction.
b. NPI shall, at NPI's sole expense, comply with all present and future
federal, state and local laws, ordinances, rules and regulations (including laws and
ordinances relating to health, radio frequency emissions, other radiation and safety), if
applicable, in connection with the use, operation, maintenance, construction and/or
installation of the Antenna Facilities and/or the Site. Owner agrees to reasonably
cooperate with NPI in obtaining any federal licenses and permits required for or
substantially required by NPI's use of the Site.
c. Upon termination of this Lease, ifrequested to do so by Owner, NP!, shall
remove the Antenna Facilities and all support structures that are not shared or used by
another user of the Water Towers and/or the Site for the premises. Such removal shall be
done in a workmanlike and careful manner and without interference or damage to the
water in the Water Towers, the Water Towers and/or the Site, or any other equipment,
structures or operations on the Site, including use of the Site by Owner or any of Owner's
assignees or lessees. NPI agrees that in addition to any removal required by Owner
pursuant to this paragraph, NPI shall also restore the Site to the reasonable satisfaction of
Owner. All costs and expenses for the removal and restoration performed by NPI
pursuant to this paragraph shall be borne solely by NP!, and NPI shall hold Owner
harmless from any portion thereof.
G:\COMMotMKU\StTE2.LSE -2-
d. Owner reserves the right to install additional bracketing material or similar
structural supports to allow for the co-location of other lessees' antenna or similar
radiating or broadcasting equipment. Owner agrees, as a precondition to any such
additional installation, to provide all reasonable and necessary assurances to NP! that
such co-location will not disturb, disrupt or cause harm to NPI's antenna or radiating
equipment. Should NP! cause or have cause to terminate this Lease, Owner shall have
the right to cause NP! to remove all supporting attachments placed on the Water Towers
and/or the Site by NP! or elect not to cause NP! to remove its supporting hardware.
7. Equipment Upgrade. NP! may update or replace the Antenna Facilities from
time to time with the prior written approval of Owner, which approval shall not be unreasonably
withheld, provided that the replacement facilities are not greater in number or size than the
existing facilities and that any change in their location on the Water Towers and/or the Site is
satisfactory to Owner. NP!, at NPI's sole expense, shall submit to Owner a detailed proposal for
any such replacement facilities and any supplemental materials as may be requested for Owner's
evaluation and approval.
8. Maintenance.
a. NP! shall, at NPI's sole expense, maintain the Antenna Facilities on or
attached to the Site in a safe condition, in good repair and in a manner suitable to the
Owner so as not to conflict with the use of or other leasing of the Water Towers and/or
the Site by Owner. In carrying out its maintenance responsibilities, NP! shall not
interfere with the use of the Water Towers and/or the Site, the premises, related facilities
or other equipment of other tenants.
b. NP! shall have sole responsibility for the maintenance, repair and security
of its equipment, personal property, Antenna Facilities, and leasehold improvements, and
shall keep the same in good repair and condition during the term of this Lease.
c. NP! shall keep the Site free of debris and anything of a dangerous, noxious
or offensive nature or which would create a hazard or undue vibration, heat, noise or
interference.
G:\COMMONIAKU\SITE2.LSE -3-
9. Utilities. During the Term of this Site Lease, NPI may tie into and use any
electric lines or facilities installed or used by the Owner which exist from time to time, on, in,
under, above, or across the Site at NPI's cost. NPI agrees to install a meter for the
communications facility and agrees to the reading of such meter quarterly. NPI will pay Owner
for the amount of said utilities used during such quarterly period. The cost to maintain, repair,
operate and replace the electric facilities, upgrades, extensions or tie-ins to the Site requested by
NPI shall be paid by NP!. NPI shall promptly repair at NPI's expense any damage occasioned by
said construction or maintenance on the Site. NP! shall be responsible for all charges for utilities
required for NP I's operation of the communications facility on the Site. To secure and facilitate
payment, NP! will provide Owner with escrowed funds to be replenished whenever determined
necessary by Owner in the amount of Five Hundred ($500.00) Dollars for payment of said utility
usage.
10. Taxes. NPI shall be responsible for paying all personal property taxes assessed
directly upon and arising solely from its own use of the Antenna Facilities on the Site during the
Term of this Lease.
11. Use of Technician/Inspectors. Notwithstanding anything contained herein to the
contrary, in order to protect the health, welfare and safety of its residents, Owner shall have the
right to have a technician and or inspector witness all work done at the Site by NP! or its
contractors. Accordingly, NP! shall give Owner reasonable advance notice of all work to be
performed at the Site.
12. Interference. NPI's installation, operation, and maintenance of its Antenna
Facilities shall not damage or interfere in any way with Owner's Water Towers and/or the Site's
operations or related repair and maintenance activities or with such activities of other tenants of
the Water Towers and/or the Site. Owner, at all times during this Lease, reserves the right to take
any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Site
in connection with city operations as may be necessary, including leasing parts of the Water
Towers and/or the Site and surrounding ground space to others.
Any requests received by Owner for co-location on the Water Towers and/or the
Site from any other third party shall be granted at the sole discretion of Owner. Owner shall
require such reasonable measures as Owner determines are necessary by other lessees to avoid
interference with NPI's communication, reception or computer functions at the site. In the event
of an objection by NP! concerning other installations except those for city functions, the Owner
shall mediate the positions of competing users of the site to accommodate NP! and the other
users and avoid interference. Owner shall require all users to avoid any interference with other
users. If interference cannot be avoided, then the first user in time shall have priority and any
interfering user shall be removed from the Site.
G:\COMMONIAKUISITE2.LSE -4-
NPI represents and warrants to Owner that the operation of the Antenna Facilities
at the Site will not interfere with any communications, reception or computer functions at the
Site or adjacent properties, other than those installed by third parties subsequent to the execution
of this Lease. Such interference shall be dealt with by Owner and NPI as provided in this section.
I 3. Insurance. NPI shall maintain, at its sole cost during the Term of this Lease,
commercial general liability insurance insuring NPI against liability for personal injury, death or
damage to personal property arising out of the use of the Site by NPI. Such insurance shall
provide coverage in an amount not less than $3,000,000 for bodily injury, including death,
arising from any one occurrence, and $3,000,000 for damage to the property arising from one
occurrence. NP! shall provide Owner with a certificate of insurance evidencing such coverage
which states that the carrier has insured NP! for all liabilities under this Lease and that it will not
cancel or change any policy of insurance issued to NPI except after thirty (30) days notice in
writing to Owner. Owner shall be added to the policy as an additional insured. The fact that NPI
is required to furnish insurance in accordance with this paragraph or the fact that such insurance
is furnished does not and shall not relieve NPI from its obligations to Owner under the provisions
of Paragraph 17 of this Lease for any deficiency amount of which NPI is responsible to Owner.
14. NPI'S Property. All Antenna Facilities installed by NPI at the Site shall remain
the property ofNPI and shall not be subject to any lien or encumbrance of Owner or any third
party acting pursuant to an agreement with Owner.
15. Damage to the Owner's Facilities. NPI shall exercise reasonable precaution to
avoid damage to the Water Towers and/or the Site, including contamination caused to the water
supply, and, hereby assumes all responsibility for any and all loss or damage to such facilities
caused by NPI. NPI shall make an immediate report to Owner of the occurrence of any damage
and agrees to reimburse Owner for the reasonable expense incurred in making repairs upon NPI's
receipt of a written invoice from Owner's contractor evidencing both the cost of the repairs and
that the repairs were completed.
16. Maintenance of the Water Towers and the Site. Owner shall maintain in good
order and repair the Water Towers and/or the Site so that it will adequately support all ofNPI's
Antenna Facilities.
17. Indemnity. NPI shall indemnify and hold Owner harmless from any and all costs
(including, but not limited to, reasonable attorneys' fees and court costs) and claims of liability or
loss which arise out of the use and/or occupancy of the Site by NP!, including liability or loss
arising from environmental contamination as provided in Paragraph 18 below. This indemnity
shall not apply to any claims arising from the sole negligence or intentional misconduct of
Owner.
G:\COMMON'v\KU\SITE2.LSE -5-
18. Hazardous Substances. Owner represents and warrants that it has no
knowledge, nor should it have any knowledge, of any substance, chemical or waste (collectively,
"Substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. NPI agrees not to introduce or use any Substance on the
Site in violation of any applicable law. Except as caused solely by the acts or omissions of NP!,
Owner shall indemnify and hold NP! harmless from any and all costs (including, but not limited
to, reasonable attorneys' fees and court costs) and claims of liability or loss which arise from
breach of Owner's representation and warranty to NP! in this paragraph.
19. Assignment. This Lease may not be assigned unless Owner consents in writing to
an assignment.
20. Condemnation. If all or substantially all of Owner's property upon which the Site
is located is condemned by an authorized governmental or quasi-governmental authority, this
Lease shall terminate upon the date of the taking. NPI shall receive no part of any award, except
to the extent the award compensates NP! for the value or relocation of its equipment.
2 I. Termination. NP! shall have the right to terminate this Lease at any time without
further liability to Owner if (i) NP! cannot obtain all certificates, permits, licenses or other
approvals (collectively "Approvals") required from any governmental authority and/or any
easements required from any third party to operate its communications facility; (ii) such
Approvals are canceled, expire, lapse, withdrawn or terminated; (iii) Owner fails to hold legal
title to the property on which the Site is located; (iv) Owner does not have the authority to enter
into this Lease under Paragraph 25(b) of this Lease; or (v) for any other reason, NP!, in its sole
discretion, determines that it will be unable to use the Site for the use intended by this Lease.
Owner may terminate this Lease if NP! ceases operations at the Site continuously for more than
one (I) year.
22. Notices. All notices shall be in writing and sent by U.S. certified mail, postage
prepaid, return receipt requested or by overnight express delivery to the address of Owner set
forth above, care of Robert H. Kuhn, Director of Public Works, to the address of NP! set forth
above, or as otherwise directed in writing by either party or as provided under applicable state
law. Notice is deemed given three (3) days after being deposited in the U.S. Mail for certified
mail delivery or one ( 1) day after being deposited with an overnight express delivery courier for
delivery to the correct address.
23. Compliance with Laws. Owner represents that Owner's property (including,
without limitation, the Site) and all improvements thereto, are in compliance with all building
life/safety, disability and other laws, codes and regulations of any governmental or quasi-
governmental authority. NP! agrees that, subject to Owner's compliance with the terms of this
paragraph, any improvements constructed by NP! on the Site and all of the operations of NP!
within the Site shall be in compliance with all applicable laws, codes and regulations.
G:\COMMON'AKUIS!TE2.LSE -6-
23. Attorney Fees. NP! agrees to reimburse Owner for any legal expense incurred in
connection with the Site Lease, including but not limited to its review, negotiation, revision, and
execution.
24. Miscellaneous.
a. NP! shall peaceably and quietly have, hold and enjoy the Site, to
the extent this non-exclusive Lease provides.
b. Owner represents and warrants that Owner has full authority to
enter into and sign this Lease; provided that his Lease is subject to getting
approval ofNPI's use, which Owner does not guarantee.
c. The terms and conditions of this Lease shall extend to and bind the
heirs, personal representatives, successors and assigns of Owner and NP!.
d. Owner, upon receipt of the fully executed Lease from NP!, shall
execute and deliver within two (2) days to NP! for recording a Short Form of this
Lease in the form substantially as set forth in the attached Short Form of Lease.
e. This Lease shall be construed pursuant to the Jaws of the State of
Michigan.
f. This Site Lease may not be amended or modified unless Owner and
NP! consent in writing to the amendment or modification.
g. This Lease contains all agreements, promises and understandings
between Owner and NP!. All Exhibits are incorporated by reference.
fully executed this Site Lease as of the date set forth above.
Owner-
,LLC, CITY OF MUSKEGON,
a Michigan municipal corporation
_-.LJ.Lf,''.I..LlA--?--::......,L-_ _~ y t~~!h~~r J
By~:O..!.&:'..-~~""'-"~~:,fl,J~'---
Gail A. Kundinger, Its Clerk
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EXHIBIT A
LEGAL DESCRIPTIONS
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MEMORANDUM
TO: Bob Kuhn, Director of Public Works
FROM: Jerry Bartoszek, Deputy Director of Public Works
DATE: October 8, 1998
RE: Water Tank Legal Descriptions
The following are descriptions of the land that the water tanks are located on that will be having
the cellular antennas installed for NPI:
Nims Tank - A triangular piece of land bounded by Nims Street, Superior Street and Dale
Avenue.
Marshall Tank-East 198 feet of west 660 feet of south 100 feet of Block 5.
Evanston (Muskegon Township) Tank - Commencing at the intersection of Harvey Street and
the south line of Evanston Avenue, thence easterly along the south side of Evanston Avenue,
35.6 feet, thence south parallel with the west line of Section 27, 331.37 feet, thence east 266.5
feet for the point of beginning, thence east 80 feet, thence south 80 feet, thence west 80 feet,
thence north 80 feet to the point of beginning, being part of the southwest 25 rods of west ¼
Section 27 Township 10 North, Range 16 West.
These descriptions are from the Assessor's records.
EXHIBITB
RENT SCHEDULE
Term Year Annual Rent MQnthl;i::: Rent Pa;i:::ment
1. Initial 1998-99 $19,800 $1,650
2. Initial 1999-00 $20,400 $1,700
3. Initial 2000-01 $21,012 $1,751
4. Initial 2001-02 $21,636 $1,803
5. · Initial 2002-03 $22,284 $1,857
6. Initial 2003-04 $22,956 $ I ,9 I 3
7. Initial 2004-05 $23,640 $1,970
8. Initial 2005-06 $24,348 $2,029
9. Initial 2006-07 $25,080 $2,090
I 0. Initial 2007-08 $25,836 $2,153
I I. Extension 2008-09 $26,604 $2,217
12. Extension 2009-10 $27,408 $2,284
I 3. Extension 2010-11 $28,236 $2,353
14. Extension 2011-12 $29,076 $2,423
I 5. Extension 2012-13 $29,952 $2,496
I 6. Extension 2013-14 $30,852 $2,571
17. Extension 2014-15 $31,776 $2,648
18. Extension 2015-16 $32,724 $2,727
I 9. Extension 2016-17 $33,708 $2,809
20. Extension 2017-18 $34,716 $2,893
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