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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 12, 2002
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• HONORS AND AWARDS: Retirement Resolution for Ardath Driscoll
• CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
b. Notice of Intent Resolution, Capital Improvement Bonds for
Sidewalks. FINANCE
c. Replacement of Copiers FINANCE
d. Time Clock Purchase. PUBLIC WORKS
e. Demolition of Hackley Fire Barn, Consideration of Bids.. PUBLIC
WORKS
f. Garbage Cart Purchase. Second Shipment of 2002. PUBLIC
FACILITIES-SANITATION
g. Sale of Non-buildable Lot at 437 Oak Ave. PLANNING &
ECONOMIC DEVELOPMENT
h. Sale of Non-buildable Lot at 611 W. Clay Ave. PLANNING &
ECONOMIC DEVELOPMENT
i. Sale of Buildable Vacant Lot on Ducey Avenue. PLANNING &
ECONOMIC DEVLOPMENT
j. Extension of Option to Purchase Buildable Large Vacant Lots in
Jackson Hill Neighborhood for Finlay Properties Inc for Senior
Housing Development. PLANNING & ECONOMIC DEVELOPMENT
k. Environmental Assessment - Former Muskegon Mall Parking Lots.
CITY MANAGER
I. Gypsy Moth Program Contract LEISURE SERVICES
m. Great Lakes Dock & Material Lease Agreement LEISURE SERVICES
n. Michigan Hazard Mitigation Grant Program ENGINEERING
o. Budgeted Vehicle Purchases PUBLIC WORKS
o PUBLIC HEARINGS:
a. Leisure Services Master Plan 2003 LEISURE SERVICES
b. Spreading of the Special Assessment Roll: Black Creek Road,
Sherman to Latimer. ENGINEERING
c. Second Amendment to the Special Assessment Roll. Sidewalk
Replacement Program for 2002 (Area ES}. ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o NEW BUSINESS:
a. Water Rate Study. FINANCE
b. Request for Permission to Purchase a 24' Boston Whaler Rescue
Boat with Twin Mercury Engines and Tandem Axle Trailer: FIRE
DEPARTMENT
c. CMI Brownfield/Smartzone Professional Services Contract ERM.
PLANNING & ECONOMIC DEVELOPMENT
d. CMI Brownfield/Smartzone Consulting Contract Anne Couture.
PLANNING & ECONOMIC DEVELOPMENT
o UNFINISHED BUSINESS:
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
• CLOSED SESSION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING 11/12/02
TO: Honorable Mayor and City Commissioners
FROM: Robert Kuhn, Director of Public Works
DATE: November 1, 2002
RE: Resolution Acknowledging Ardath Driscoll
SUMMARY OF REQUEST:
To have the Mayor present a resolution and publicly acknowledge Ardath Driscoll, Dispatcher
for the Senior Citizen Transit System, for her 29 plus years of service to the City of Muskegon.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Approval.
COMMITTEE RECOMMENDATION:
O:COMMON\DEPTMENTu\DMIN\AGNDAFRM
JMS - 0: (RESOLUTION-A DRISCOLL)
2002-122
~tatr nf ilirqigan
Ardath Driscoll was hired by the Public WorksDepartment on August 6, 1973,
when the Senior Citizen Transit System Program was first established for the
senior residents of the City of Muskegon; and
· :~- -~-· :fl}~ j:i;,-c-- ,
WHEREAS, Ard<a1t~ Driscoll has seen many changes while performing her duties as
Dispa\t;her - including the change from a six-day operation at 25 cents a ride in
. the ..ch'ecker cab-style vehicles that held 12 people to the current $1.00 a ride in
recycled police cruisers that hold.four people; and
iNI-IEREAS, Ardath Driscoll's experience in scheduling transportation will surely be missed by
the other transit drivers as she was very instrumental in scheduling appointments
and notifying the drivers of various changes in the scheduled appointments for
the drivers; and
WHEREAS, her friendly and well-known voice will undoubtedly be missed by the senior
citizens who called to schedule transportation for various doctor appointments,
hair appointments, and general shopping errands; and
. 'WHEREAS, to the best of the City's knowledge, Ardath Driscoll holds the record for being the
oldest employee, whether full or part time, currently working for the City until her
retirement of November 1, 2002.
NOW, THEREFORE, BE IT RESOLVED, that I, Steve Warmington, Mayor of the City of
· ··· Muskegon, and speaking on behalf of the entire City Commission, do hereby
t
publicly acknowledge Ardath Driscoll on her retirement on the 1s day of
November, 2002, and extend our sincere gratitude for her years of dedicated
service to the City of Muskegon.
BE IT FURTHER RESOLVED, that we wish you much happiness and good health in your
coming retirement years.
IN WITNESS WHEREOF, I hereunto set my hand
and cause the Seal of the City of Muskegon to be
affixed this 1z!h day of November, 2002.
Steve Warmington, Mayor
Date: November 12, 2002
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 Regular
Commission Meeting that was held on Tuesday, October 22, 2002; and
the Special City Commission Meeting that was held on Thursday,
October 24, 2002.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 12, 2002
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, November 12,
2002.
Mayor Warmington opened the meeting with a prayer from Pastor Hal Hester
of Vineyard Christian Baptist Fellowship Church, located at 1428 Terrace St., 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 REG~UlAR 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.
2002-122 HONORS AND AWARDS: Retirement Resolution for Ardath Driscoll.
SUMMARY OF REQUEST: To have the Mayor present a resolution and publicly
acknowledge Ardath Driscoll, Dispatcher for the Senior Citizen Transit System,
for her 29 plus years of service to the City of Muskegon.
FINANCIAL IMPACT: None
BUDGET IMPACT: None
STAFF RECOMMENDATION: Approval
Mayor Warmington presented Ardath Dirscoll with a Retirement Resolution for
her 29 plus years of service with the City of Muskegon Senior Citizen Transit
System.
2002-123 CONSENT AGENDA:
a. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, October 22, 2002; and the Special City
Commission Meeting that was held on Thursday, October 24, 2002.
FINANCIAL IMPACT: None
BUDGET IMPACT: None
STAFF RECOMMENDATION: Approval of the minutes.
b. Notice of Intent Resolution, Capital Improvement Bonds for
Sidewalks. FINANCE
SUMMARY OF REQUEST: Previously special assessment bonds were issued to
finance the City's ongoing sidewalk program. These bonds have always
presented procedural difficulties since borrowings are limited to the amount
of confirmed special assessments and roll confirmation under our charter
does not take place until all work is completed. Earlier this year, legislation
creating a new type of "capital improvement bond" was approved. We are
recommending that this type of bond be used to finance the final three
years of the sidewalk program. This will allow us to borrow the full amount
needed up front at today's historically low interest rates. (Please note that
the bonds would still be paid via special assessments levied on benefiting
property owners.) The first step in this process is adoption of the attached
resolution. This "Notice of Intent" resolution notifies the public of the City's
intent to issue these bonds. Upon adoption of this resolution public notice will
be placed in the Muskegon Chronicle advising citizens that Capital
Improvement bonds will be issued without referendum unless a petition
requesting an election is filed with the City Clerk within forty-five (45) days .
. The petition must be signed by at least ten percent of the City's registered
voters.
FINANCIAL IMPACT: The only immediate cost associated with this action is the
cost of publication in the Chronicle. Additional City Commission actions will
be required before bonds are actually sold.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper .
publication can be covered within the current budget. Once bonds are
sold, debt service costs will be paid by special assessments for the life of the
bonds ( l O years).
STAFF RECOMMENDATION: Approval of the resolution.
COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.
c. Replacement of Copiers. FINANCE
SUMMARY OF REQUEST: To award a four year contract for the City's copier
needs to Commercial Equipment Company the lowest bidder. The City
recently solicited bids for replacement copiers which included the purchase
of 18 copiers plus total maintenance/service costs based on copy volumes
less guaranteed buy back of equipment at the end of 48 months.
FINANCIAL IMPACT: Equipment costs are $95,375 ($119,893 less $24,518 for
buy back of 1998 copiers). Funds in the amount of $76,091 have been
accumulated over the last four years for copy machine replacement. It is
recommended that the additional funding for this purchase be financed
internally and repaid by adjusting the per copy charge levied against
departmental users.
BUDGET ACTION REQUIRED: None. Copy costs are included in each
departments budget.
STAFF RECOMMENDATION: Select Commercial Equipment Company for
copier replacement.
d. Time Clock Purchase. PUBLIC WORKS
SUMMARY OF REQUEST: We desire to pu1·chase 2 time clocks for the Public
Service Building and 1 time clock for the Water Filtration Plant. These would
replace the existing paper card time clock with versions and the software
that would track employee time and attendance. This purchase would
significantly reduce the clerical labor currently expended to track employee
time and attendance. Quotations were obtained from 2 companies that
supply time clock hardware and software. Site visits were conducted at local
industries to verify the quality of the products.
FINANCIAL IMPACT: Ban-Koe Systems of Grand Rapids was the lowest price of
$12,311. .
BUDGET ACTION REQUIRED: None. This project is included in the funded Year
2002 capital improvements for the Public Service Building.
STAFF RECOMMENDATION: Staff recommends that the quote of $12,311.00
from Ban-Koe Systems be accepted.
e. Demolition of Hackley Fire Barn, Consideration of Bids.
PUBLIC WORKS
SUMMARY OF REQUEST: The contract for the demolition Hackley Avenue Fire
Barn be awarded to Press's LLC since they were the lowest (see bid
tabulation) responsible bidder with a bid price of $10,850.
FINANCIAL IMPACT: None
The demolition cost of $10,850.
This has been budgeted with the Capitol Improvements Fund in the 2002
budget.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Award the contract to Press' LLC.
g. Sale of Non-buildable Lot at 437 Oak Avenue. PLANNING
& ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a portion of a vacant
buildable lot (Parcel #24-205-045-0004-00) at 437 Oak Avenue to Robert and
Brandy Hillsburg, 453 Oak Avenue, Muskegon, Ml 49442. This 33 x 120 ft.
portion of this buildable lot was originally an unbuildable lot, which was
routinely combined by the Assessor's Office with two other 33 ft. lots to form a
99 ft. x 120 ft. buildable lot. The Land Reutilization Committee reviewed the
request and since the Hillsburgs home is located on a 33 x 120 ft. lot, agreed
to the sale. Approval of this sale will allow the adjacent property owner to
expand their current yard. As is required by City policy, the subject parcel is
being offered for $100 to the Hillsburgs.
FINANCIAL IMPACT: The sale of this lot will allow the property to be placed
back on the City's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign the resolution.
COMMITTEE RECOMMENDATION: The land Reutilization Committee
recommended approval at their January 22, 2002 meeting.
h. Sale of Non buildable Lot at 611 W. Clay Avenue.
PLANNING & ECONOMIC DEVELOPMENT
Request from Staff to have item removed from agenda.
i. Sale of Buildable Vacant Lot on Ducey Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the sale of a vacant buildable lot at 1260
Ducey Ave. (designated as parcel # 24-611-000-0428-00) described as CITY
OF MUSKEGON URBAN RENEWAL PLAT NO. 2, LOT 428 and WLY 38.84 ft. 429 to
SSL Properties, LLC (Scott Langlois), of 450 W. Norton Ave., Muskegon, Ml. The
lot is 116.4 x 131.9 ft. and is being offered to Mr. Langlois for $9,000. He plans
to use the land for the construction of a 1,450• sq. ft. single-family home. The
home will contain 3 bedrooms, a full basement, and a 2-stall attached
garage. The appraised value of the lot is $9,000 and the Mr. Langlois
submitted the only bid of $9,000.
FINANCIAL IMPACT: The sale of this lot for construction of a new home will
generate additional tax revenue for the City and will place the property
back on the City's tax rolls thus relieving the City of continued maintenance
costs.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign said resolution.
j. Extension of Option to Purchase Buildable Large Vacant
Lots in Jackson Hill Neighborhood for Finlay Properties. Inc.
for Senior Housing Development. PLANNING & ECONOMIC
DEVELOPMENT
SUMMARY OF REQUEST: Due to a delay in approval of MSHDA funding for this
project, Findlay Properties, Inc. has requested an extension to their option
agreement to purchase two large parcels of vacant land in Jackson Hill
Neighborhood (designated as parcel numbers 24-205-020-0008-00 and 24-
205-0019-0012-20). The approval of the funding was delayed longer than
expected and consequently some other issues must be cleared up before
closing. Two such issues are the vacation of McLaren Street and site-plan
approval, which still needs to go before the Planning Commission and City
Commission for approvals.
FINANCIAL IMPACT: Now that the funding has been secured, the sale of
these lots for construction of a senior housing development will generate
additional tax revenue for the City originally through a PILOT, but it eventually
will be placed back on the property back on the City's tax rolls thus relieving
the City of continued maintenance cost.
BUDGET ACTION REQUIRED: None
· STAFF RECOMMENDATION: To approve the resolution and to authorize both
the Mayor and the Clerk to sign said option agreement extension.
k. Environmental Assessment - Former Muskegon Mall
Parking Lots. CITY MANAGER
SUMMARY OF REQUEST: To enter into a contract with Environmental
Resources management (ERM) to conduct a Phase I Environmental Site
Assessment on the former Muskegon Mall parking lots. This is necessary prior
to purchase of the lots.
FIANCIAL IMPACT: Phase I is $3,000. There will be additional costs if a Phase II
assessment is required.
BUDGET ACTION REQUIRED: A budget adjustment will be required to
accommodate this expense.
STAFF RECOMMENDATION: To approve the contract with ERM.
m. Great Lakes Dock & Material Lease Agreement. LEISURE
SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign a lease
agreement with Great lakes Dock & Materials to use the deep boat well at
the Amoco Property.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve.
n. Michigan Hazard Mitigation Grant Program. ENGINEERING
SUMMARY OF REQUEST: To submit a grant application requesting funds to
either replace the culvert behind the Butch's gas station or add an
additional one. This project is proposed to reduce if not eliminate the
ongoing flooding of Sherman. The estimate cost of the project is $100,000.
FINANCIAL IMPACT: The grant requires a match of 25% of the cost.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the project submittal and resolution.
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve
the Consent Agenda, except for items f, I, and o.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
2002-124 ITEMS REMOVED FROM AGENDA:
f. Garbage Cart Purchase, Second Shipment of 2002. PUBLIC
F.¼-CILITIES- SANITATION
SUMMARY OF REQUEST: Authorization to purchase 504 garbage carts from
Toter Incorporated Statesville North Carolina. (Other outlets are in California
& Texas) These are replacement carts for those in service for more than 12
years.
FINANCIAL IMPACT: Unit cost per cart $44.37 (504 per truckload)= $22,362.48
BUDGET ACTION REQUIRED: This purchase to be charged to the 2002
sanitation budget Account# l 01-60523-5700 (capital outlay equipment)
Budgeted amount is $25,000.
STAFF RECOMMENDATION: Staff recommends approval of the purchase.
Motion by Commissioner Shepherd second by Commissioner Larson to
approve the purchase of 504 garbage carts from Toter Incorporated
Statesville North Carolina as replacement carts for those in service for more
than 12 years.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
I. Gypsy Moth Program Contract. LEISURE SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the 2003
Gypsy Moth Program Agreement with Muskegon County .
. FINANCIAL IMPACT: Unknown
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approve
Motion by Commissioner Shepherd, second by Vice Mayor Buie to approve
the 2003 Gypsy Moth Program Agreement with Muskegon County, and to
authorize the Mayor and Clerk to sign the agreement.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
o. Budgeted Vehicle Purchases. PUBLIC WORKS
. SUMMARY OF REQUEST: Approval to purchase three Dodge 1500 trucks.
FINANCIAL IMPACT: Total Cost $45,614.34 for all three units.
BUDGET ACTION REQUIRED: None. We will be using funds still available for
2002.
STAFF RECOMMENDATION: Approve purchase of three Dodge 1500 trucks
using The State of Michigan Purchasing Contract.
Motion by Commissioner Larson to award the contract for the purchase of
three Dodge 1500 trucks to Family Motors of Muskegon. There was no
support and Motion Died.
Motion by Commissioner Spataro, second by Commissioner Schweifler to
approve the purchase of three Dodge 1500 trucks using the State of Michigan
Purchasing Contract.
ROLL VOTE: Ayes: Gawron, Schweifler, Shepherd, Spataro, Warmington, Buie
Nays: Larson
MOTION PASSES
2002-125 PUBLIC HEARINGS:
a. Leisure Services Master Plan of 2003
SUMMARY OF REQUEST: To adopt the Leisure Services Master Plan of 2003.
STAFF RECOMMENDATION: Approve.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
COMMITTEE RECOMMENDATION: Leisure Services Board Recommends
approval.
The Public Hearing was opened at 5:54pm to hear any comments from the
public. No comments were heard.
Motion by Commissioner Schweifler, second by Commissioner Buie to close
the Public Hearing at 6:13 and to table this item until December 10, 2002
Regular Commission Meeting.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
b. Spreading of the Special Assessment Roll • Black Creek
Road, Sherman to Latimer. ENGINEERING
SUMMARY OF REQUEST: To hold a public hearing on the spreading of the
special assessment for Black Creek Rd. from Sherman to Latimer, and to
adopt the resolution confirming the special assessment roll.
FINANCIAL IMPACT: A total of $55,762.98 would be against the twelve-(12)
parcels abutting the project.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the special assessment roll and adopt
the resolution.
The Public Hearing was opened at 6: 14pm to hear any comments from the
public. Comments were heard from Mr. Jim Duncan of 2300 Black Creek Rd.
He requested to have his portion of the assessment reviewed, due to shape
of his property.
Motion by Commissioner Schweifler, second by Commissioner Gawron to
close the Public Hearing at 6:18 and approve the spreading of the special
assessment roll for Black Creek Rd. from Sherman to Latimer, and adopt the
resolution.
ROLL VOTE: Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron,
Larson
Nays: None
MOTION PASSES
c. Second Amendment to the Special Assessment Roll,
Sidewalk Replacement Program for 2002 (Area ES).
ENGINEERING
SUMMARY OF REQUEST: It is respectfully requested that the amended 2002
sidewalk roll be amended one more time to remove, add and adjust the
special assessment amounts due to an oversight on our part in the
engineering department. The special assessment roll for the 2002 sidewalk
program be amended to:
869 Amity Remove
1061 Allen Remove
858 Amity Reduce assessment from $265 to
$132.50
1240 Isabella Add an assessment of $132.50 to
the roll, signed a waiver.
FINANCIAL IMPACT: A total of $153,787.70 will be assessed against 295
parcels.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the amended special assessment roll
and adopt the resolution.
The Public Hearing was opened at 6: 18pm to hear any comments from the
public. No comments were heard.
Motion by Commissioner Larson, second by Commissioner Shepherd to close
the Public Hearing at 6:21 and to approve the amended special assessment
roll and adopt the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson,
Schweifler
Nays: None
MOTION PASSES
2002-126 NEW BUSINESS:
a. Water Rate Study. FINANCE
SUMMARY OF REQUEST: Although traditionally, the City has adjusted its utility
rates without the use of consultants, staff is recommending at this time
retaining an outside consultant to review water rates. There are three
reasons for this: 1) substantial state mandated capital improvements will be
necessary over the next few years and we want to ensure the rate structure is
adequate to fund these needs; 2) as the percentage of system users outside
of the city increases, we need to ensure that system costs are equitably
allocated and that city residents receive full benefit for the 100+ years of
investment they have made in the system; and 3) recent court decisions
have made it particularly important to fully justify and document user fees
changes. Previously the city has selected Tetra Tech to perform the current
system reliability study and to serve a design engineer for the
aforementioned water plant improvements. Based on their knowledge of
our system and its capital needs, we recommend this firm also be authorized
to perform the water rate study.
FINANCIAL IMPACT: $10,900 to be paid from the water fund.
BUDGET ACTION REQUIRED: None at this time. The cost of the study can be
absorbed within the current budget. The 2003 budget assumes adjustments
are made to the current water rates.
STAFF RECOMMENDATION: Approval of Tetra Tech to perform the water rate
study for the city.
Motion by Commissioner Schweifler, second by Commissioner Buie to
approve Tetra Tech to perform the water rate study for the City.
ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler,
Shepherd
Nays: None
MOTION PASSES
b, Request for Permission to Purchase a 24' Boston Whaler
Rescue Boat with Twin Mercury Engines and Tandem Axle
Trailer. FIRE DEPARTMENT
SUMMARY OF REQUEST: The Fire Department is requesting City Commission
permission to accept and award bids for a 24' Boston Whaler Justice
Commercial Rescue boat with twin mercury 150 XL Optimax engines and
tandem axle trailer.
FINANCIAL IMPACT: $54,640.00
BUDGET ACTION REQUIRED: $54,640.00 from the public improvement funds
designated for fire fighting equipment.
STAFF RECOMMENDATION: Staff recommends approval of the following
purchases:
1-24' Boston Whaler Rescue Boat from Boston Whaler Commercial and
Government Products, Inc. for $36,938.00.
2-Mercury 150 XL Optimax engines from Mercury Marine Government and
Commercial Division for $14,202.00.
1-Double axle trailer from Lakeside Marine for $3,500.00.
Motion by Commissioner Larson, second by Commissioner Schweifler to
approve the purchase of a 24' Boston Whaler Rescue Boat from Boston
Whaler Commercial and Government, Inc, 2 Mercury 150 XL Optimax
engines from Mercury Marine Government and Commercial Division and 1
double axle trailer from Lakeside Marine.
ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Shepherd,
Spataro
Nays: None
MOTION PASSES
c. CMI Brownfield/Smartzone Professional Services Contract.
ERM. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon was awarded a Clean
Michigan Initiative (CMI) Brownfield Grant, in an amount up to $1,000,000 for
the purposes of due care activities and grant administration for the
SmartZone site. Environmental Resources Management, Inc. (ERM) has been
the City's consultant for this site through the Site Assessment Fund Grant.
Since ERM is familiar with this site and it's environmental condition, it is
recommended that they be retained to conduct the environmental work on
this site for the CMI Brownfield Grant. Therefore, the Commission is asked to
approve the proposal from ERM and authorize the Mayor to sign.
FINANCIAL IMPACT: The budget for the project will not exceed $1,000,000,
less the Project Manager's costs. These costs will be covered by the CMI
Brownfield Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposal between the City of
Muskegon and ERM, and authorize the Mayor to sign the proposal.
Motion by Commissioner Gawron, second by Commissioner Schweifler to
approve the proposal between the City of Muskegon and Environmental
Resources Management Inc., conditional to final review and approval by City
Attorney.
ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington
Nays: None
MOTION PASSES
d. CMI Brownfield/Smartzone Consulting Contract, Anne
Couture. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City of Muskegon was awarded a Clean
Michigan Initiative (CMI) Brownfield Grant, in an amount up to $1,000,000 for
the purposes of due care activities and grant administration for the
SmartZone site. Anne Couture, of Couture Environmental Strategies LLC, has
been the City's consultant for grant administration and grant writing for these
activities. It is recommended that Ms. Coµture be retained in this capacity to
continue with the grant administration during the duration of the grant
activities. Therefore, the Commission is asked to approve the proposal from
Ms. Couture and authorize the Mayor to sign.
FINANCIAL IMPACT: The budget for grant administration activities is $45,000.
The cost will be covered by the grand funds.
BUDGET ACTION REQUIRED: None
. STAFF RECOMMENDATION: To approve the proposal between the City of
Muskegon and Couture Environmental Strategies, and authorize the Mayor to
sign the proposal.
Motion by Commissioner Larson, second by Commissioner Gawron to
approve the proposal between the City of Muskegon and Couture
Environmental Strategies LLC, and authorize the Mayor to sign the proposal.
ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro,
Warmington, Buie
Nays: None
MOTION PASSES
2002-127 ANY OTHER BUSINESS:
Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve
Commissioner Larson as Acting Vice Mayor during the period of Mayor
Warmington's and Vice Mayor Buie's absent between November 16th and
201h.
ROLL VOTE: Ayes: Larson, Schweifler, Shepherd, Spataro, Warmington, Buie,
Gawron
Nays: None
MOTION PASSES
Vice Mayor Buie announced that the Amsted Tall Ship would be visiting the
City of Muskegon August 16, 17, and 18th 2003 at the end of the Unity Festival.
Commissioner Shepherd commented on a Business Community Breakfast at
the Holiday Inn that she attended earlier that day. A Business District Weekly
magazine is available for reviewing.
ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon
was adjourned at 6:42pm.
Respectfully submitted,
Gail Kundinger, MMC
'J,"
r)OO
Date: November 12, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Notice of Intent Resolution - Capital Improvement Bonds for Sidewalks
SUMMARY OF REQUEST: Previously special assessment bonds were issued to
finance the City's ongoing sidewalk program. These bonds have always presented
procedural difficulties since borrowings are limited to the amount of confirmed special
assessments and roll confirmation under our charter does not take place until all work is
completed. Earlier this year, legislation creating a new type of "capital improvement bond"
was approved. We are recommending that this type of bond be used to finance the final
three years of the sidewalk program. This will allow us to borrow the full amount needed
upfront at today's historically low interest rates. (Please note that the bonds would still be
paid via special assessments levied on benefiting property owners.) The first step in this
process is adoption of the attached resolution. This "Notice of Intent" resolution notifies the
public of the City's intent to issue these bonds. Upon adoption of this resolution public notice
will be placed in the Muskegon Chronicle advising citizens that water revenue bonds will be
issued without referendum unless a petition requesting an election is filed with the City Clerk
within forty-five (45) days. The petition must be signed by at least ten percent of the City's
registered voters.
FINANCIAL IMPACT: The only immediate cost associated with this action is the cost of
publication in the Chronicle. Additional City Commission actions will be required before
bonds are actually sold.
BUDGET ACTION REQUIRED: None at this time. The cost of the newspaper
publication can be covered within the current budget. Once bonds are sold, debt service
costs will be paid by special assessments for the life of the bonds (10 years).
STAFF RECOMMENDATION: Approval of the attached resolution.
COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.
9/18/97
Founded in l 852 MICIIIGAN: Ann Arbor
by Sidney Davy Miller Detroit • Grand Rapids
MILLER Howell • Kalamazoo
Lansing • Monroe • Troy
CANFIELD
MILLER, CANFIELD, PADDOCKANoSTONE, P.L.c.
New York, NY
Pensacola, FL
Washington, DC
1852-2002
CANADA: Windsor, ON
150 West Jefferson, Suite 2500 POLAND: Gdynia
JOEi, L. PIELL
Detroit, Michigan 48226 Katowice • Warsaw
TEL: (313) 496-7518 TEL: (313) 963-6420
FAX: (313) 496-8450 FAX: (313) 496-7500
E-I\1AIL: piell@millercanfield.com www.millercanfield.com
October 25, 2002
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box 536
Muskegon,MI 49443-0536 Via Email
Dear Tim:
Warren called me the other day to advise that the City wishes to proceed with a
capital improvement bond pursuant to Act 34, as opposed to a special assessment bond
for sidewalk purposes. As you know, the capital improvement procedure requires the
adoption and publication of a notice of intent, which gives rise to a 45 day referendum
period.
I am sending you herewith a suggested form of notice of intent resolution for the
City Commission's November 12'h meeting. I would ask you to review it and if it is
satisfactory, submit same to the Commission for its consideration. The resolution speaks
to bonds in an amount not to exceed $2,000,000. As you know, until and unless
amended, this will set the outside amount of the City's borrowing.
The notice found within the body of the resolution should be published once in the
Muskegon Chronicle in large point type taking up no less than one-quarter of the page
upon which it appears. The notice should be published as a display ad. These
requirements are statutorily jurisdictional to the power of the City to issue the bonds and
should therefore be met.
Upon adoption of the resolution, I would ask that you send three certified copies
of same to me along with three affidavits of publication.
FINANCE DEPT.
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Mr. Timothy J. Paul -2- October 25, 2002
Should you have any questions concerning this or if I can be of other assistance to
you, please do not hesitate to contact me.
Very truly yo rs,
MIL~ FJELD, PADDOCK AND STONE, P.L.C.
By:L-==-----=-------+'L-'--------1-- - - - -- - -- - -- --
Joel L. Piel
Enclosures
cc: Warren M. Creamer, III Via Email
Hard copies via U.S. Mail
DELIB:2362576. I\063684-00032
NOTICE OF INTENT RESOLUTION
GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS
2002-123(b)
City of Muskegon
County of Muskegon, State of Michigan
Minutes of a regular meeting of the City Commission of the City of Muskegon, County
of Muskegon, State of Michigan (the "City") held on the 12th day of November, 2002, at 5:30
o'clock p.m. Eastern Standard Time.
PRESENT: Members Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Schwei:filer
ABSENT: None
Members----=------------------------
0
The following preamble and resolution were offered by Member _ _,_V-"iGwe._uM"'ay,_,o,,r~B=ti.uie.___
~ andsupportedbyMember Commissioner Schweifl:er
z
,~
0 WHEREAS, the City intends to issue and sell general obligation capital improvement
bonds, pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to
~
0 exceed Two Million Dollars ($2,000,000) for the purpose of paying part of the cost of acquiring
~
0 and constructing certain capital improvement items related to the City's sidewalk improvement
~ program, together with necessary related appurtenances and attachments (the "Projects"); and
..5
i WHEREAS, a notice of intent to issue bonds must be published before the issuance of the
aforesaid bonds in order to comply with the requirements of Section 517 of Act 34, Public Acts
of Michigan, 2001, as amended.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish a notice of intent to
issue bonds in the Muskegon Chronicle, a newspaper of general circulation in the City.
2. Said notice of intent shall be published as a one-quarter (1/4) page display
advertisement in substantially the following form:
NOTICE TO ELECTORS
OF THE CITY OF MUSKEGON
OF INTENT TO ISSUE BONDS SECURED BY THE TAXING
POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Muskegon
County, Michigan, intends to issue and sell general obligation capital improvement bonds,
pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an amount not to exceed
Two Million Dollars ($2,000,000) for the purpose of paying part of the cost of acquiring and
constructing certain capital improvement items related to the City's sidewalk improvement
program together with necessary and related appurtenances and attachments.
Said bonds will mature in annual installments not to exceed thirty (30) in number, with
interest rates to be determined at sale but in no event to exceed seven percent (7%) per annum
on the unpaid balance from time to time remaining outstanding on said bonds. The bonds may
be issued in one or more series as shall be determined by the City Commission.
"
.J
"zw SOURCE OF PAYMENT OF BONDS
~
i THE PRINCIPAL AND INTEREST OF THE BONDS shall be payable from the general
0 funds of the City lawfully available for such purposes including special assessments and
@
~ property taxes levied within applicable charter, statutory and constitutional limitations.
~-
~ RIGHT OF REFERENDUM
,~ THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS
A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN
FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH PETITION
IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A
MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON.
THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts
of Michigan, 2001, as amended.
Gail Kundinger
Clerk, City of Muskegon
-2-
3. The City Commission does hereby determine that the foregoing f01m of Notice of
Intent to Issue Bonds and the manner of publication directed is the method best calculated to
give notice to the City's taxpayers and electors of this Commission's intent to issue the bonds,
the purpose of the bonds, the security for the bonds, and the right of referendum relating thereto,
and the newspaper named for publication is hereby determined to reach the largest number of
persons to whom the notice is directed.
4. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded.
AYES: Member Shepherd, Spataro, Warmington, Buie, Gawron, Larson, Schweif-ler
NAYS: Member None
-- - - - - - - - - - - - -- - - - -- - -- -- - - -
I RESOLUTIONDECLAREDADOPT~ _Q_ ~
~ City Clerk
i
6
iil
!ffi
:l
:!
-3-
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 November 12, 2002, 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.
dw,O. ~
City Clerk
DELIB:2362375.1 \063684-00032
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Affirmative A~tfon
(231)724-6703
FAX: (231)722-1214
A11sessor/Equailzation
(231)724-6706
FAX: (231)726-5131
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(231)724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)7?4--4405
Clerk
·(231)724~705
FAX: (231)724-4178
Communlty and December 5, 2002
Neigh, Services
(231)724-6717
FAX: (231)726-2501
Computer !nfo.
Systems Mr. Joel L. Piell
(231)724-6744
!FAX: (231)722-4301 Miller, Canfield, Paddock
& Stone, P.L.C.
Engineering Dept.
(231)724-6707 150 West Jefferson, Suite 2500
FAX: (231)727-6904 Detroit, MI 48226
iFlrmnceDept
(231)724-1)713
!FAX: (231)724-6768
Dear Mr. Piell:
IFtre Department
(231)724-6792
Enclosed are certified copies of the notice of intent resolution and affidavits of
FAX: (231)724-6985 publication.
IncomeTaK
(231)724-6770 If you have any questions, please call me at (231) 724-6705.
FAX: (231)724-6768
Inspect!on Services
(231)724-6715
Thank you,
!FAX: (231)72:l--l3n
J')t!f;•
/,✓
.,
!Leisure Services
(23 i )124-670<!
·1 . /J:ti
L/1_/f/l .~L--7 /;r,- ,, .,,l
,✓-
I;./ -. ...
FAX: (231)724-U96
Linda Potter
Mayor's Office
(231)724-6701
Deputy City Clerk
:FAX: (231)722-1214
!Planning/Zoning
Enc.
(231)724-6702
!FAX: (231)724-6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Wol'ks Dept,
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231)724-6720
FAX: (231)724--6768
Water BIiling Dept.
(231)724-6718
FAX: (231)724-6763
Water .Filtration
(231)724-4106
FAX: (131)755-5290
City of Muskegon, 933 'lferrnee Sirnel, P.O. iBox 536, Muskegon,, MR 49443-0536
'WW"-J/f __c;,:horr,,JliinP_rn11-w .,Nl>M
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller Detroit • Grand Rapids
MILLER Howell • Kalamazoo
Lansing • Monroe • Troy
CANFIELD
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
New York, NY
Pensacola, FL
Washington, DC
1852-2002
CANADA: Windsor, ON
150 West Jefferson, Suite 2500 POLAND: Gdynia
JOELL. PIELL Detroit, Michigan 48226 Katowice • Warsaw
TEL: (313) 496-7518 TEL: (313) 963-6420
~"AX: (313) 496-8450 FAX: (313) 496-7500
E-MAIL: picll@millercanfield.com www.millercanfield.com
December 11, 2002
Mr. Timothy J. Paul
Finance Director
City of Muskegon
933 Terrace St
PO Box536
Muskegon,MI 49443-0536
/
----------
Dear Tim:
I am writing this letter to ackn wledge receipt of the mailing of the notice of intent
for the City's capital improvement, bonds. I note that the notice was published on
November 23 rd , which means that/ the referendum period will expire at the close of
business on Monday, January 6th . At that time the City Clerk may execute the form of
No Referendum Certificate which is included herewith.
I would ask that three copies of this certificate be returned to me.
Very truly ~ours, · )
MILLER ,CANFIEifD, PADDOCK AND STONE, P.L.C,
;
1 ,
By:
( I
/l(J'i
Joel L. Pielf ·'
I
Enclosures
cc: Warren M, Creamer, III
DELIB :2374239. I1063684-00032
NO REFERENDUM CERTIFICATE
I, the undersigned, do hereby certify that I am the duly acting and qualified Clerk
of the City of Muskegon, and that in connection with a Notice To Electors Of The City
Of Muskegon Of Intent To Issue Bonds, published in the Muskegon Chronicle, on
November 23, 2002, 45 days have elapsed and no petition for referendum has been filed
with my office.
Clerk, City of Muskegon, Michigan
Dated: -71°~.,__/t\LL-C:...."_1_"'-
_ _ , 2003
DELIB,2374241.1 \063684-00032
Affirmative Action
(23))724-6703
FAX: (231)722-1214
Assenor/Equ • llzallon
(231)724-6708
FAX: (231)726-5181
Cemetery Department
(231)724-6783
FAX: (231)726-5617
City Manager
(23))724-6724
FAX: (231)722-1214
Civil Service
(231)724-6716
FAX: (231)7244405
Clerk
(231)724-6705
FAX: (231)724-4178
Community and January 7, 2ooi
Neigh. Services
(231)724-6717
FAX: (231)726-2501
Computer Info,
Systems Mr. Joel L. Piell
(231)724-6744
FAX: (231)722-4301 Miller, Canfield, Paddock
& Stone, P.L.C.
Engineering Dept,
(23))724-6707 150 West Jefferson, Suite 2500
FAX: (231)727-6904
Detroit, MI 48226
F1nance Dept.
(231)724-6713
FAX: (231)724-6768
Dear Mr. Piell:
F1re Department
(231)724-6792 Enclosed are three No Referendum Certificates signed by the City Clerk.
FAX: (231)724-6985
Income Tax If you have any questions, please call me at (23 I) 724-6705.
(231)724-6770
FAX: (231)724-6768
Thank you,
Inspection Services
~~
(23 J )724-67 J 5
FAX: (231)728-4371
Leisure Services
(231)724-6704
FAX: (231)724-1196
Linda Potter
Deputy City Clerk
Mayor's Office
(231)724-6701
FAX: (231)722-1214 Enc.
Planning/Zoning
(23 I )724-6702
FAX: (231)724-6790
Police Deptartment
(231)724-6750
FAX: (231)722-5140
Public Works Dept.
(231)724-4100
FAX: (231)722-4188
Treasurer's Office
(231 )724-6720
FAX: (231)724--6768
Water Bllllng Depl.
(231)724-6718
FAX: (231)724-6768
Water Filtrallon
(231)724-4I06
FAX: {231)755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
www.shorelinecity.com
Founded in 1852 MICHIGAN: Ann Arbor
by Sidney Davy Miller Detroit • Grand Rapids
MILLER Howell • Kalamazoo
Lansing • Monroe • Troy
CANFIELD
MILLER, CANFIELD, PADDOCKANoSTONE,r.L.c.
New York, NY
Pensacola, FL
Washington, DC
CANADA: Windsor, ON
JOELL. PIELL 150 West Jefferson, Suite 2500 POLAND:Gdynia
TEL: (313) 496-7518 Detroit, Michigan 48226 Katowice• Warsaw
FAX: (313) 496-8450
E-MAIL: picll@millercanfield.com
TEL: (313) 963-6420
FAX: (313) 496-7500
www.millercanfield.com
January 10, 2003
Ms. Linda Potter
Deputy Clerk
City of Muskegon
933 Terrace St
PO Box536
Muskegon,MI 49443-0536
Dear Ms. Potter:
I am writing this note to acknowledge your mailing of the No Referendum
Certificate for the City's special assessment bonds. Thank you for sending this along to
me.
Very truly yours,
Joel L. Piell
cc: Mr. Timothy J. Paul
Warren M. Creamer, III
DELIB :2380753.11063684-00032
Date: November 5, 2002
To: Honorable Mayor and City Commissioners
From: Assistant Finance Director
RE: Replacement of Copiers
SUMMARY OF REQUEST: To award a four year contract for the City's copier
needs to Commercial Equipment Company the lowest bidder. The City recently solicited
bids for replacement copiers which included the purchase of 18 copiers plus total
maintenance/service costs based on copy volumes less guaranteed buy back of
equipment at the end of 48 months.
FINANCIAL IMPACT: Equipment costs are $95,375 ($119,893 less $24,518 for buy
back of 1998 copiers). Funds in the amount of $76,091 have been accumulated over
the last four years for copy machine replacement. It is recommended that the additional
funding for this purchase be financed internally and repaid by adjusting the per copy
charge levied against departmental users.
BUDGET ACTION REQUIRED: None. Copy costs are included in each
departments budget .
STAFF RECOMMENDATION: Select Commercial Equipment Company for copier
replacement.
COMMITTEE RECOMMENATION:
City of Muskegon
Finance Department
Memo
To: City Commission /\ .
From: Elizabeth Lewis, Assistant Finance Directo'll)t...>1----"
Date: 11/5/02
Re: 2002 Copier Replacement Program
In 1994 the City implemented a four-year, single contract replacement program for its fieet of copy
machines. Prior to this, individual departments purchased or leased copiers from a variety of vendors
under different contract terms and at different costs. The new replacement program allowed the City to
take an organization-wide look at its copier needs, standardize equipment, and substantially reduce
both front-end capital costs and the ongoing maintenance costs of its copier fleet. This program
worked well for the City in 1994 and 1998.
Bids were recently submitted for replacement of the 1998 copy machines. Under the terms of the 1998
agreement, the vendor Commercial Equipment Company will repurchase the old machines from the
City at 25% of the original purchase price ($98,071 x 25% = 24,517.75). A summary of the bid results
is attached. It is recommended that the City select Commercial Equipment as low bidder. The bid is for
18 copiers. All sites will receive a digital copier and most copiers are fully networkable so they can
function as high speed, low-cost laser printers reducing department printing costs. The typical cost for
each laser printed page is much higher than a digital copy page.
Please let me know if you have any questions.
Thank you.
• Page 1
CITY OF MUSKEGON
ANALYSIS OF COPIER BIDS RECEIVED - 2002
Commerical Applied Reed Office Office Machine
VENDOR NAME Equipment Co. Imaging IKON Systems Company
4265 Grand
1101 Hackley 949 W Broadway 2780 44th St Haven Rd 1171 E Sherman
LOCATION Muskegon, Ml Muskegon, Ml Grand Rapids, Ml Muskegon,MI Muskegon, Ml
COPIER BRAND Toshiba Ricoh Ricoh Konica Sharp
PROPOSAL
EQUIPMENT COSTS 119,893.00 123,641.00 115,280.00 133,115.00 167,525.00
PER COPY MAINTENANCE COSTS 0.0069 0.0069 0.0068 0.00699 0.0055
TOTAL MAINTENANCE COSTS 35,226.76 35,226.72 34,716.23 35,686.24 28,079.30
LESS: EQUIPMENT BUY-BACK (23,978.60) (22,000.00) (15,974.00) (25,128.75)
TOTAL COSTS $ 131,141.16 $ 136,867.72 $ 149,996.23 $ 152,827.24 $ 170,475.55
1998 - Commerical Equipment Co.
EQUIPMENT COSTS 98,071.00
PER COPY MAINTENANCE COSTS ANALOG 0.007
PER COPY MAINTENANCE COSTS DIGITAL 0.0095
TOTAL MAINTENANCE ANALOG 14,125.10
TOTAL MAINTENANCE DIGITAL 28,069.54
LESS: EQUIPMENT BUY BACK (24,517.75)
TOTAL 4 YEAR COST $ 115,747.89
CITY COMMISSION MEETING November 12, 2002
To: Honorable Mayor and City Commissioners
From: Robert Kuhn, Public Works Director
Date: November 12, 2002
RE: Time Clock Installation
SUMMARY OF REQUEST:
We desire to purchase 2 time clocks for the Public Service Building and 1 time clock
for the Water Filtration Plant. These would replace the existing paper card time clock
with versions and the software that would track employee time and attendance. This
purchase would significantly reduce the clerical labor currently expended to track
employee time and attendance. Quotations were obtained from 2 companies that
supply time clock hardware and software. Site visits were conducted at local
industries to verify the quality of the products.
FINANCIAL IMPACT:
Ban-Koe Systems of Grand Rapids was the lowest price of $12,311.
BUDGET ACTION REQUIRED:
None. This project is included in the funded Year 2002 capital improvements for the
Public Service Building.
STAFF RECOMMENDATION:
Staff recommends that the quote of $12,311.00 from Ban-Koe Systems be accepted.
Public Works: Time Clock Installation
Public___ I
Works
I
Memo
To: Robert Kuhn, DPW Director
From: Bob Fountain, Special Operations Supervisor
Date: 10/29/02
Re: Purchase of Time Clocks
It is now time to replace our old paper time clock with a computerized model. These are widely used by.
employers and will save our clerks and supervisors time in monitoring time and attendance. I have
obtained quotes from two companies, Ban-Koe Systems and ADP. Pat Bice, Doug Sayles and myself
have made site visits to local industries to see products from both vendors in operation. The equipment
is identical and the software nearly so. I believe that we can confidently pick the lower bid of $12,311
from Ban-Koe Systems and know that we will be getting the best hardware and software available. The
time clocks will be configured to use employee ID badges. This will be the first use of badges and a big
step in security. The time clocks will do much to automate our time and attendance procedures.
We would be purchasing 3 time clocks, one for the Filtration Plant and 2 for the Public Service Building.
The first unit would replace the existing DPW time clock located at the building entrance and the
second clock would be installed in the Equipment Division Office. The Equipment time clock would be
used by the mechanics to record time spent on repair jobs and would serve as a working spare for the
building.
3
Kundinger, Gail
From: Fountain, Bob
Sent: Wednesday, November 06, 2002 1:07 PM
To: Kundinger, Gail
Subject: Vendor addresses for time clock agenda item
Gail:
Here are the addresses of the 2 vendors cited in the DPW timeclock agenda item.
Ban-Koe Systems
3900 Costa Ave., NE
Grand Rapids, Ml 49525
ADP
741 Kenmoor Ave, SE
Grand Rapids, Ml 49546
Bob Fountain, Special Operations Supervisor
City of Muskegon Dept. of Public Works
1350 East Keating Ave.
Muskegon, Ml 49442
Voice: 231-724-6990
Fax: 231-722-4188
Maillo:bob.fountain@postman.org
1
Public Works: Time Clock Installation
Summary of Quotes:
Ban-Koe Systems (Grand Rapids) 12,311.00
ADP (Grand Rapids) 18,657.50
2
Date: November 12, 2002
To: Honorable Mayor and City Commissioners
From: Public Works
RE: Consideration of Bids
Demolition of the Hackley Fire Barn
SUMMARY OF REQUEST:
The contract for the demolition Hackley Avenue Fire Barn be awarded to
Press's LLC since they were the lowest (see bid tabulation) responsible
bidder with a bid price of $10,850.
FINANCIAL IMPACT:
None
The demolition cost of $10,850.
This has been budgeted with the Capitol Improvements Fund in the 2002
budget.
~UDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Award the contract to Press's LLC.
COMMITTEE RECOMMENDATION:
City of Muskegon - Hackley Avenue Fire Barn
Bid Tabulation for Demolition of Hackley Fire Barn
Bid Opening October 29, 2002
Compainy Address City Amount
-
Press's LLC 8081 Holton Duck Lake Rd. Holton, Ml $10,850.00
Specialized Demolition 3641 38th St. Hamilton, Ml $11,000.00
Diversified Contractors 6775 Harvey Spring Lake, Ml $22,000.00
Fensco, Inc. 15432 220th Ave. Big Rapids, Ml $24,450.00
Commission Meeting Date: November 12, 2002
Date: October 28, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development C,/;J
RE: Sale of Non-buildable Lot at 437 Oak Avenue
SUMMARY OF REQUEST:
To approve the sale of a portion of a vacant buildable lot (Parcel #24-205-045-0004-00)
at 437 Oak Avenue to Robert and Brandy Hillsburg, 453 Oak Avenue, Muskegon, Ml
49442 This 33 x 120 ft. portion of this buildable lot was originally an unbuildable lot,
which was routinely combined by the Assessor's Office with two other 33 ft. lots to form
a 99 ft x 120 ft. buildable lot. The Land Reutilization Committee reviewed the request
and since the Hillsburgs home is located on a 33 x 120 ft. lot, agreed to the sale.
Approval of this sale will allow the adjacent property owner to expand their current yard
(see attached map). As is required by City policy, the subject parcel is being offered for
$100 to the Hillsburgs.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
The Land Reutilization Committee recommended approval at their January 22, 2002
meeting.
10/28/2002 1
CITY OF MUSKEGON
RESOLUTION #2002-123 ( g)
RESOLUTION APPROVING THE SALE OF A CITY-OWNED NON-BUILDABLE LOT
WHEREAS, the City of Muskegon has received $100 from Robert and Brandy Hillsburg, 453
Oak Avenue, Muskegon, MI 49442 for the purchase of a portion of a vacant, City-owned lot
located adjacent to their property at 437 Oak Avenue (parcel #24-205-045-0004-00);
WHEREAS, this lot is not considered buildable under the City's Zoning Ordinance,
WHEREAS, the sale would enable the City to place this property back on the tax rolls, and
would relieve the City of further maintenance;
WHEREAS, the sale of this property would be in accordance with property disposition goals and
special recommendation of the Land Reutilization Committee (LRC);
NOW, THEREFORE BE IT RESOLVED, that THE CITY OF MUSKEGON REVISED PLAT
OF 1903 LOT 4 BLK 45 EX THE S 12 FT FOR ALLEY be sold to Robert and Brandy Hillsburg
for $100.
Resolution adopted this 12th day of November, 2002.
Ayes: Shepherd , Spataro , Warmington, Buie, Gawron, Larson , Sc hwe ifl er
Nays:
Absent:
By:
Stephe .~ '-1'--'&!J.'I.Ui',E>t
Mayor
Attest: ~(W., 0-~
Gail A. Kundinger, MMC
-9'~
U
.Clerk ·
2002-123(9)
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 November 12, 2002, 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. ·
· · ~M- O~L ~·
City Clerk
DELIB:2362375.1 \063684-00032
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2002 - 123 (g)
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, whose
address is 933 Terrace Street, Muskegon, MI 49440,
QUIT CLAIMS TO: ROBERT HILLSBURC and BRANDY HILLSBURG, husband and wife, of 453 Oak
Avenue, Muskegon, MI 49442, ·
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
Lot 4, Block 45, except the South 12 feet for alley, of the CITY
of MUSKEGON REVISED PLAT OF 1903
for the sum of One Hundred and no/100 Dollars ($100.00)
This deed is exempt from real estate transfer tax pursuant to the provisions'ofMCLA 207.505(h)(i) and
MCLA207.526 Sec. 6(h)(i).
Dated this .J11Juay of November , 2002
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 12th:lay of November , 2002, by
Stephen J. Warmington and Gail A. Kundinger, MMC, Mayor and City Clerk, respectively, of the CITY OF
MUSKEGON, a municipal corporation, on behalf of the City.
PREPARED BY: . %'~~ · ,':-~t,!L
John C. Schrier Notary Public, Muskegon County, Michigan
Parmenter O'Toole My commission expires: 5 ~ l ~~ C'S
175 W. Apple Ave., P. 0. Box 786
Muskegon, MI 49443-0786
Telephone: 616/722-1621
SEND SUBSEQUENT TAX BILLS TO: Grantee WHEN RECORDED RETURN TO: Grantee
C:\DOCUME~1\anguilm\LOCALS~1\Temp\AJ8494.DOC
Commission Meeting Date:
Date: October 24, 2002
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Sale of Non-buildable Lot at 611 W. Clay Avenue ·
SUMMARY OF REQUEST:
To approve the sale of a vacant non-buildable lot (Parcel #24-205-322-0002-00) at 611
W. Clay Avenue to L & K Company, LLC, 3541 Sand Bar Ct., Muskegon, Ml 49441
(owner of Lee Printing, 639 & 623 W. Clay Avenue). Approval of this sale will allow the
adjacent property owner to expand their current property (see attached map). (The
other adjacent property owner is delinquent to the City for over $5,000 in demolition
fees on his property at 607 W. Clay.) As is required by City policy, the subject parcel is
being offered for $100 to L & K Company, LLC.
FINANCIAL IMPACT:
The sale of this lot will allow the property to be placed back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to
sign the resolution.
COMMITTEE RECOMMENDATION:
10/24/2002
Commission Meeting Date: November 12, 2002
Date: October 30, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department <'J5:::__
RE: Sale of Buildable Vacant Lot on Ducey Avenue
SUMMARY OF REQUEST:
To approve the sale of a vacant buildable lot at 1260 Ducey Avenue (designated as parcel
number 24-611-000-0428-00) described as CITY OF MUSKEGON URBAN RENEWAL
PLAT NO. 2, LOT 428 and WLY 38.84 ft 429 to SSL Properties, LLC (Scott Langlois), of
450 W. Norton Avenue, Muskegon, Ml. The lot is 116.4 x 131.9 ft. and is being offered to
Mr. Langlois for $9,000. He plans to use the land for the construction of a 1,450+ sq. ft.
single-family home. The home will contain 3 bedrooms, a full basement, and a 2-stall
attached garage. The appraised value of the lot is $9,000 and the Mr. Langlois submitted
the only bid of $9,000.
FINANCIAL IMPACT:
The sale of this lot for construction of a new home will generate additional tax revenue for
the City and will place the property back on the City's tax rolls thus relieving the City of
continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said resolution.
COMMITTEE RECOMMENDATION:
10/30/02
ResolutionNo. 2002-123 ( i)
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING THE SALE OF A BUILDABLE LOT ON DUCEY A VENUE IN
MARQUETTE NEIGHBORHOOD FOR $9,000.
WHEREAS, SSL Properties, LLC has placed a $400 deposit for the parcel designated as parcel
numbers 24-611-000-0428-00, located on Ducey A venue;
WHEREAS, SSL Properties, LLC has submitted the only bid of $9,000 for the parcel designated
as parcel numbers 24-611-000-0428-00, located ort Ducey A venue;
WHEREAS, the sale would generate additional tax revenue for the City and relieve the City of
further maintenance costs;
WHEREAS, the sale is consistent with City policy regarding the disposition ofbuildable lots;
NOW THEREFORE BE IT RESOLVED, that parcel number 24-611-000-0428-00, located at
1260 Ducey Avenue be sold to the above-mentioned buyer.
CITY OF MUSKEGON REVISED PLAT OF 1903 URBAN RENEWAL PLAT NO. 2
LOT 428 & WLY 38.84 FT LOT 429;
Adopted t h i s ~ day of November, 2002
Ayes: Si1epherd, Spataro, Warmington, Buie, Gawron, Larson, Schweifler
Nays: None
Absent None
I hereby certify that the foregoing is a true and complete copy of a resolutiol). adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a ·
regular meeting held on November 12, 2002, 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.
~O-~~· City Clerk
DELIB:2362375. l \063684-00032
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2002-123 ( i)
REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT is made November 12 , 2002, by and between the
CITY OF MUSKEGON, a municipal corporation, with offices at 933 Terrace, Muskegon,
Michigan 49440 (ASelle1=), and SSL PROPERTIES, LLC, a Michigan limited liability
company, of 550 W. Norton Avenue, Muskegon, MI 49444 ("Buyer").
1. 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, with all
beneficial easements, and with all of Seller's right, title and interest in all adjoining public ways,
the real property located in the City of Muskegon, Muskegon County, Michigan ("Premises"),
and specifically described as:
CITY OF MUSKEGON URBAN RENEWAL PLAT
NO. 2, Lots 428 and the Westerly 38.84 feet of Lot 429
(1260 Ducey Avenue)
Subject to the reservations, restrictions and easements of record, provided said reservations,
restrictions and easements of record are acceptable to Buyer upon disclosure and review of the
same, and subject to any governmental inspections required by law.
2. Purchase Price and Manner of Payment. The purchase price for the Premises
shall be Nine Thousand and no/100 Dollars ($9,000.00).
3. Taxes and Assessments. All taxes and assessments that are due and payable at
the time of Closing shall be paid by Seller prior to or at Closing. All taxes and special
assessments that become due and payable after Closing shall be the responsibility of Buyer.
4. Title Insurance. Seller agrees to deliver to Buyer's attorney, ten (10) 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 is, in the sole discretion of Buyer, deemed unreasonable,
Seller shall have forty-five (45) days from the date Seller is notified in writing of such
unreasonableness ofrestriction 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 (10) 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 satisfact01y title insurance, this
Agreement will be terminated at Buyer's option. The premium for the owner's title policy shall
be paid by Seller.
5. Covenant to Construct Improvements and Use. Buyer acknowledges that, as
part of the consideration inuring to the City, Buyer covenants and agrees to construct on the
C:\DOCUME~1\anguilm\LOCALS~1\TemplAK0820.DOC
premises a single-family home, up to all codes, within eighteen (18) months of the closing of this
transaction. Buyer may only remove those trees necessary for construction of the home and
driveway. The home shall be substantially completed within eighteen (18) months and, in the
event said substantial completion has not occurred, or the restriction of this paragraph relating to
tree removal is violated, in the sole judgment of the City, the property and all improvements then
installed shall revert in title to the City, without any compensation or credit to Buyer. Buyer
further covenants that the home shall be owner occupied for five ( 5) years after the closing. The
· covenants in this paragraph shall survive the closing and run with the land.
6. Survey. Buyer at its own expense may obtain a survey of the Premises, and
Buyer or its surveyor or other agents may enter the Premises for that purpose prior to Closing. If
no survey is obtained, Buyer agrees that Buyer is relying solely upon Buyer's own judgment as to
the location, boundaries and area of the Premises and improvements thereon without regard to
any representations that may have been made by Seller or any other person. In the event that a
survey by a registered land surveyor made prior to closing discloses an encroachment or
substantial variation from the presumed land boundaries or area, Seller shall have the option of
effecting a remedy within thirty (30) days after disclosure, or tendering Buyer's deposit in full
termination of this Purchase Agreement, and paying the cost of such survey. Buyer may elect to
purchase the Premises subject to said encroachment or variation.
7. Condition of Premises and Examination by Buyer. NO IMPLIED
WARRANTIES OF HABITABILITY, QUALITY, CONDITION, FITNESS FOR A
PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTIES SHALL OPERATE
BETWEEN SELLER AND BUYER, AND BUYER EXPRESSLY WAIVES ANY AND ALL
SUCH IMPLIED WARRANTIES. BUYER UNDERSTANDS AND AGREES THAT THE
PREMISES ARE TAKEN "AS IS," SUBJECT TO THE EXPRESS COVENANTS,
CONDITIONS AND/OR EXPRESS WARRANTIES CONTAINED IN THIS PURCHASE
AGREEMENT. BUYER FURTHER SAYS THAT HE HAS PERSONALLY INSPECTED
THE PREMISES AND IS SATISFIED WITH THE CONDITION OF THE LAND, AND THE
BUILDINGS AND IMPROVEMENTS THEREON, AND THAT THE PROPERTY IS BEING
PURCHASED AS A RESULT OF SUCH INSPECTION AND INVESTIGATION AND NOT
DUE TO ANY REPRESENTATIONS MADE BY OR ON BEHALF OF SELLER. SELLER
KNOWS OF NO HAZARDOUS SUBSTANCES OR CONTAMINATION, AND BUYER
WAIVES ANY CLAIM AGAINST SELLER IN THE EVENT SUCH STUB STANCES ARE
FOUND.
8. Real Estate Commission. Buyer and Seller both aclmowledge 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 tal,en by the other party.
C:\DOCUME~1\anguilm\LOCALS-1\Temp\AK0820.DOC
9. Closing. The closing date of this sale shall be on or before-------~
2002 ("Closing"). The Closing shall be conducted at Transnation Title Insurance Company,
570 Seminole Road, Ste. 102, Muskegon, MI 49444. If necessary, the parties shall execute an
IRS closing report at the Closing.
10. Delivery of Deed. Seller shall execute and deliver. a quit claim deed to Buyer at
Closing for the Premises.
11. Affidavit of Title. At the Closing, Seller shall deliver to Buyer an executed
Affidavit of Title.
12. Date of Possession. Possession of Premises is to be delivered to Buyer by Seller
on the date of Closing.
13. Costs. Seller shall be responsible to pay the Michigan transfer tax, if any, in the
amount required by law. In addition, Seller shall be responsible to pay for the recording of any
instrument that must be recorded to clear title to the Premises, to the extent required by this
Agreement.
Buyer shall pay for the cost of recording the deed to be delivered at Closing.
14. General Provisions.
a. Paragraph Headings. The paragraph headings are inserted in this
Agreement only for convenience.
b. Pronouns. When applicable, pronouns and relative words shall be read as
plural, feminine or neuter.
c. Merger. It is understood and agreed that all understandings and
agreements previously made between Buyer and Seller are merged into this Agreement,
which alone fully and completely expresses the agreement of the parties.
d. Governing Law. This Agreement shall be interpreted and enforced
pursuant to the laws of the State of Michigan.
e Successors. All terms and conditions of this Agreement shall be binding
upon the parties, their successors and assigns.
f. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision(s) had never been contained herein.
C:\DOCUME-1\anguilm\LOCALS~1\Temp\AK0820.DOC
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.
h. Modification of the Agreement. This Agreement shall not be amended
except by a writing signed by Seller and Buyer.
The parties have executed this Real Estate Purchase Agreement the day and year first
above written.
WITNESSES:
BUYER:
Its 'i\. \<.__•'v '-- ,·,'.,;:;,_ .------
f • \ I )
EIN No.:- - -- -- -
C:IDOCUME-1\anguilm\LOCALS-1\Temp\AK0820.DOC
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF MUSKEGON, a municipal corporation, of 933 Terrace Street,
Muskegon, Michigan 49440,
QUIT CLAIMS to SSL PROPERTIES, LLC, a Michigan limited lia]:>ility company, of 550 W. Norton Avenue, Muskegon, MI
49444,
the following described premises situated in the City of Muskegon, County of Muskegon, State of Michigan, to wit:
CITY OF MUSKEGON URBAN RENEWAL PLAT NO. 2,
Lots 428 and Westerly 38.84 feet of Lot 429
(1260 Ducey Avenue)
for the sum of Nine Thousand and no/100 Dollars ($9,000.00).
PROVIDED, HOWEVER, Grantee, or its assigns, shall commence construction of one (1) single family home on the premises herein
conveyed within eighteen ( 18) months after the date hereof. In default of such construction, title to the premises shall revert to the
City of Muskegon free and clear of any claim of Grantee or its assigns. In addition, the City of Muskegon may retain the
consideration for this conveyance free and clear of any claim of Grantee or its assigns. Buyer shall remove only those trees necessary
for construction of the home and driveway. "Complete construction" means: (1) issuance of a residential building permit by the City
of Muskegon; and, (2) in the sole opinion of the City of Muskegon's Director of Inspections, substantial completion of the dwelling
described in the said building permit. In the event of reversion of title of the above-described premises, improvements made thereon
shall become the property of Grantor. Provided, further, that Grantee covenants that the parcel described above shall be improved
with not more than one (1) single family home, and it shall be owner-occupied for five (5) years after the date of this deed. These
covenants and conditions shall run with the land.
This deed is exempt from real estate transfer tax pursuant to the provisions ofMCLA 207.505(h)(i) and MCLA 207.526 Sec. 6(h)(i).
Dated this /~"'""day of :f)~b.. ,2002.
C:\DOCUME~1\ANGUILM\LOCALS~1\TEMP\AK0820.DOC
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing instrument was acknowledged before me this 12th day of November 2002,
by STEPHEN J. WARMINGTON and GAIL A. KUNDINGER, Ml'v,fC, Mayor and Clerk, respectively, of the CITY
L
OF MUSKEGON, a municipal corporation, on behalf of the m , f<~ ~~ l:__
c:
PREPARED BY: John Schrier
Parmenter O'Toole
£ ~ r, n. vY\.. ¼1y\QlU.!.)CNotary Public
Muskegon County, Michigan
175 W. Apple Avenue/P.O. Box 786 My Comm. Expires: S- l ~~ Z>S.
Muskegon, MI 49443-0786
Telephone: 231/722-162 l
WHEN RECORDED RETURN TO: Grantees SEND SUBSEQUENT TAX BILLS TO: Grantees
C:\DOCUME~1\anguilm\LOCALS~1\Temp\AK0B20.DOC
C /c.v/(
TRANSNATION TITLE INSURANCE COMPANY
570 Seminole Road
Muskegon MI 49444
Date: November 15, 2002
Escrow Number: 422917
Property Address: 1260 Ducey
Muskegon, Michigan 49442
S E L L E R ' S s TATEMENT
DEBIT CREDIT
Purchas!:!' Price 1$ 1$ 9,000.00
I I
I I
EXISTING LOAN I I
Deposit of earnest money I 400:00 I
CLOSING FEES I 150.00 I
OWNERS PREMIUM I 190.00 I
Real Estate Commission I I
Sub Total I$ 740.00 1$ 9,000.00
Amount due Seller 1$ 8,260.00 I
TOTALS 1$ 9,000.00 I$ 9,000.00
**********************************************************************************************************************************
The undersign~({ Sellers acknowledge Receip~ of a copy of this
statement and agree to the correctness thereof, and ratifies
the tjisbursement of the funds as stated therein.
Seller(s) Signature(s):
Cit~~egon
(
BY·. Ju,. ·lei.
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Lonna Anguilm, Assistanvrtanner
AFFIDAVIT OF TITLE
STATE OF MICHIGAN Title Commitment # 4.22917
COUNTY OF Muskegon
That City of Muskegon a Municipal Corporation being first duly sworn on oath says that
they are the true and lawful owner(s) of the premises located at:
1260 Ducey
Muskegon, Michigan 49442
AND
1. That on this date hereof there is no mechanic's lien on the property and that no
work has been done, or materi a1s furnished,· out of which a mechanic· s lien could
ripen.
2. That no agreement is in effect which would adversely affect the title to the
property such as a purchase agreement, lease, land contract, option, etc. other
than the contract with the grantees in a certain deed of even'date hereof.
3. That the parties in possession other than the affiant(s) are bona fide tenants
only and have no other interest in the premises whatsoever.
4. That there are no judgments or liens against affiant(s), including income tax
liens, adversely affecting the title to said property.
5. That there are no unpaid taxes, special assessments or water bills outstanding
other than those shown on the closing statement.
6. That any overlooked, unknown, or misquoted taxes, special assessments, water
bills. mortgage deficiencies, etc. shall be immediately paid by affiant(s) as
soon as informed of such.
Seller(s):
City of Muskegon
anner
Subscribed and sworn to, before me a Notary Public, 2002
l(ARRIE LEE l(IEL
Notary Pu11llc, Musl<oi/o~O!ilm)y, Ml
My Comm!5sion E;(phus ,lul 4, 2004
My Commission Expires:
FILE# 422917
DATE: November 15th 2002
PROPERTY ADDRESS: 1260 Ducey
The undersigned hereby acknowledge receipt of a Request to
Rescind/Withdraw Homestead Exemption form (Michigan Department of
Treasury Form No. 2602) as same is required by Public Act 237 of 1994.
Please check one of the following:
The undersigned do not request Transnation Title Insurance Company
to file the form on their behalf.
The undersigned have fully and properly completed the forms and
request that Transnation Title Insurance Company file the form with
the appropriate local tax collecting unit. The undersigned
acknowledge and agree that the Company will mail the form by first
class mail, and that the Company shall not be liable in the event
that any of the information provided on said form is inaccurate or
incomplete, or in the event that said form is not received or
properly processed by the local tax collecting unit.
SELLER(S):
City of Muskegon
MUSKEGON REAL ESTATE.BOARD
ADDENDUM.TO BUY and SELL AGREEMENT
Date: November 15. 2002.
Office of Phone REALTOR. MUSKEGON. MI
!
1. Addendum to Buy Sell Agreement dated covering property at 1260 Ducey. Muskegon.,
Michigan 49442 and legally described as:
Lots 431 and the West 38.84 feet of Lot 429, Muskegon Urban Renewal Plat No. 2..'
as recorded in Liber 19 of Plats. Pages 13-15. inclusive. Muskegon County·
Records.
2. This Addendum to be an integral part of attached Buy and Sell Agreement. which is
amended as follows: :
Closing date sha 11 be November 15. 2002. Sell er has received $400 earnest
deposit from the buyer. Seller will pay title company closing fee.
3. RECEI TIS ACKNOWLEDGED Y BUYER of a copy of this Agreement.
SSL Properties. LLC
4. RECE PT IS ACK OWLEDGED BY SELLER of a copy of this Agreement.
City of Muskegon
SURVEY WAIVER
Date: November 15. 2002
RE: 422917
To: TRANSNATION TITLE INSURANCE COMPANY Property Address:
570 Seminole Road 1260 Ducey
Muskegon MI 49444 Muskegon. Michigan 49442
County: Muskegon
We. the undersigned. purchasers and sellers. of the above captioned property, acknowledge
we have been strongly advised by you to obtain a land survey showing the dimensions of the
property and the location of all buildings situated thereon .
. We have decided. completely of our own volition. not to obtain a survey and wish to
complete the transaction without the recommended survey.
We hereby release TRANSNATION TITLE INSURANCE COMPANY and City of Muskegon. its employees
and/or agents. from any responsibility and/or liability concerning or pertaining to survey
matters. including, but not limited to size of lot or land. location of boundary line,
location of building and encroachments.
PURCHASER(S): SELLER(S):
/7
SSL ProP,e~ties /~re_/// City of Muskegon
/ /
anner
Commission Meeting Date: November 12, 2002
Date: October 28, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Extension of Option to Purchase Buildable Large
Vacant Lots in Jackson Hill Neighborhood for
Finlay Properties, Inc. for Senior Housing
Development
SUMMARY OF REQUEST:
Due to a delay in approval of MSHDA funding for this project, Findlay Properties, Inc. has
requested an extension to their option agreement to purchase two large parcels of vacant
land in Jackson Hill Neighborhood (designated as parcel numbers 24-205-020-0008-00 and
24-205-0019-0012-20). The approval of the funding was delayed longer than expected and
consequently some other issues must be cleared up before closing. Two such issues are
· the vacation of McLaren Street and site-plan approval, which still needs to go before the
Planning Commission and City Commission for approvals.
FINANCIAL IMPACT:
Now that the funding has been secured, the sale of these lots for construction of a senior
housing development will generate additional tax revenue for the City originally through a
PILOT, but it eventually will be placed back on the property back on the City's tax rolls thus
relieving the City of continued maintenance costs.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to authorize both the Mayor and the Clerk to sign
said option agreement extension.
COMMITTEE RECOMMENDATION:
10/28/02
2002-123 (j)
EXTENSION OF OPTION AGREEMENT
THIS AGREEMENT is made November 12 , 2002, between the City of
Muskegon ("Owner") of 933 Terrace Street, Muskegon, Michigan 49440, and Finlay
Development, LLC, a Florida limited liability company, ("Purchaser") of 4300 Marsh Landing
Boulevared, Suite 101, Jacksonville Beach, Florida, with reference to the following facts:
RECITALS
A. Owner owns parcels of real property located in the City of Muskegon, County of
Muskegon, State of Michigan, as legally described on attached Exhibit A, together with all
easements, rights-of-way, and appurtenances thereto ("Property").
B. Owner and Purchaser executed an Option Agreement dated March 12, 2002.
C. In consideration of Purchaser investing time and money to investigate
development of the site, but Purchaser needing more time to investigate, Owner is willing to
grant an extension of the exclusive option to purchase the Property according to the terms and
conditions set forth in this Option Agreement.
THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET
FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND ADEQUACY OF WHICH IS ACKNOWLEDGED, THE PARTIES
AGREE AS FOLLOWS:
1. Paragraph 2 of the Option Agreement shall be revised as follows:
2. Period of Option. This Option shall remain open, irrevocable and
subject to exercise at any time from the day this option is executed by Purchaser
until 5 :00 p.m., February 28, 2003 ("Option Period"). After said date and time the
option shall terminate.
2. In all other respects the Option Agreement dated March 12, 2002 shall remain in
full force and effect.
Signatures are on the next page.
G:\EDS I\FILES\00100\110205\M IS C\AJ6912. DOC
Date: I 1- 1cl. - 0 d-
PURCHASER - Finlay Development, LLC
Date:
G:IEDSI\FILES\00100\110205\MISC\A.J6912.DOC
EXHIBIT A
Legal Description
The South 44 feet of Lot 7, all of Lots Sand 9,. and that part of Lot 10 lying West of
McLaren Street, all in Block 20; also Lots 2 excepttheNortherly 66feetarid 3.ofBlock 21; also
the South 108.35 feet of Lot 9 of Block 19; also Lot 12 except the North 99 feet of the East 132
feet of the said Lot 12, Block 19; also that part of Lot 10, Block 20 lying East of McLaren
Street, all in the Revised Plat of 1903 of the City of Muskegon, in the County of Muskegon,
State of Michigan.
S:\PLANNING\COMMON\PROPERTY\BUILDABLE LOT SALES\2002 BUILDABL~ LSTJALES\FINDLAY PROPERTIES\F!NLAY OPTION AGREEMENT.DOC
AGENDA ITEM NO. d:9Q d- - \ &~ -(\<..)
CITY COMMISSION MEETING 11/12/02
TO: Honorable Mayor and City Commissioners
FROM: Bryon L. Mazade, City Manager
DATE: October 28, 2002
RE: Environmental Assessment
SUMMARY OF REQUEST:
To enter into a contract with Environmental Resources Management (ERM) to conduct a Phase
I Environmental Site Assessment on the former Muskegon Mall parking lots. This is necessary
prior to purchase of the lots.
FINANCIAL IMPACT:
Phase I is $3,000. There will be additional costs if a Phase II assessment is required .
BUDGET ACTION REQUIRED:
A budget adjustment will be required to accommodate this expense.
STAFF RECOMMENDATION:
To approve the contract with ERM.
COMMITTEE RECOMMENDATION:
O:COMMON\DEPTMENT\ADMINIAGNDAFRM7
JMS - O: (MA LL PA RKING LOT-ENV ASSMT)
Environmental
Resources
Management
3352128th Avenue
Holland, MI 49424-9263
(616) 399-3500
(616) 399-3m (fax)
21 October 2002
Mr. John Schrier
Parmenter O'Toole
175 W. Apple Avenue
P.O. Box 786
Muskegon, Michigan 49443
Re: Phase I Environmental Site Assessment
Muskegon Mall Parking Lots
Dear Mr. Schrier:
Environmental Resources Management, Inc. (ERM) is pleased to
provide you with this proposed scope of services and quote for a
Phase I Environmental Site Assessment (ESA) for the above-referenced
property. We understand that the site is used for the mall parking lot,
which is bounded by Morris to Clay /Terrace to Third, with the
exception of the parking lot at the east end of the mall. We understand
that no structures are associated with the property.
ERM APPROACH
Based upon historic information available to ERM, and the 21 December
2001 Phase I ESA prepared by EBI Consultants on the entire mall property,
ERM believes that "recognized environmental conditions" will be .
associated with the property. At a minimum, a former filling station near
Second and Clay Avenues will warrant further assessment. However, to
provide you with a complete scope of work for the entire property, ERM
proposes to conduct a preliminary assessment to determine what other
RECs may be associated with the site.
Within 10 days of receiving approval to proceed, ERM would conduct a
historical review and site inspection consistent with the ASTM Standard
E 1527-00 Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process to identify possible conditions that
may warrant Phase II assessment. These conditions, if any, would be
communicated to you along with a scope of work to complete the Phase
II investigation. If a Phase II investigation is necessary, the final Phase I
report will be combined with the Phase II report. If the initial
assessment indicates no RECs are associated with the property, the
Phase I ESA report will be completed. •
Mr. John Schrier Environmental
Page2 Resources
10/21/02 Management
SCOPE OF WORK
The project scope of work will include the following task items:
Task 1- Regulatory Review
ERM will conduct a regulatory review using readily available
environmental databases for the geographical area in question. The
report will contain a map showing the locations of off-site environmental
concerns within a radius specified by, at a minimum, ASTM Standard E
1527-00.
From the database review, ERM will seek, as necessary and appropriate,
additional information from governmental agencies either by in-person
visits or by telephone. This additional information could include
outstanding issues on environmental conditions at the site and neighboring
properties, local geology and hydrogeology, existing ground water
monitoring data, and knowledge of any environmental problem areas. The
names of agency contacts, if any, will be identified in the final report.
Task 2 - Site History
The ASTM standard prescribes an identification of all obvious uses of the
subject property from the present back to the first developed use or to
1940, whichever is earlier. Only those standard historical sources
considered necessary and reasonably obtainable need to be checked:
Methods of determining past site history and uses of the property will
be used as appropriate to establish the history of the property. This
information could include (as available at the time of our assessment):
aerial photographs, historical fire insurance maps, historical archives,
historical USGS topographic maps, city street or business directories, and
tax records.
Task 3 - On-Site Inspection
ERM will visit the site and inspect the property to assess current
conditions and note any obvious areas of potential concern. During the
on-site inspection, the property and site building(s), will be traversed and
observations made for the presence or evidence of:
• Areas of dead, distressed, or dying vegetation, if vegetated;
• Seeps;
Mr. John Schrier Environmental
Page3 Resources
10/21/02 Management
• Oil slicks or discoloration on surface soils;
• Discernible chemical odors;
• Hazardous substances and hazardous substance containers;
• Solid or liquid waste disposal or storage areas;
• Recent soil disturbances such as grading or filling, etc.;
• Presence of equipment containing PCBs, their status and condition;
• Wastewater discharges and outfalls;
• Presence of any underground or aboveground storage tanks;
• Waste disposal and waste disposal practices;
• Presence and use of pits, sumps, and floor drains; and
• Presence of wetlands, standing water, and/ or saturated soil
conditions.
During the on-site inspection, ERM will observe adjoining properties and
the local area for their potential to environmentally impact the subject
property. ERM will document the current condition of the subject
property, adjoining properties and local area with photographs.
Property environmental records, reasonably obtainable at the time of the
site visit, will be reviewed and copies will be included in the Phase I
report, if appropriate.
Task 4 - Report of Findings
ERM will provide a summary report that details the findings of the
preliminary Phase I ESA. If RECs are identified that warrant Phase II
investigation, the preliminary report will provide a scope and budget for
the Phase II tasks. If no RECs are identified that warrant Phase II
investigation, a Phase I ESA report consistent with the ASTM standard
will be prepared.
ESTIMATED COST
Based upon the above scope of services, the estimated probable cost to
perform the services is $3,000. Only those costs incurred by ERM will be
charged, but they will not exceed the estimated probable cost without
your prior written approval.
To avoid misunderstanding, it should be emphasized that the estimated
probable cost is a budget estimate, based upon our present knowledge of
the project, which is believed sufficient to cover the services described
herein, but no guarantee is made or implied with respect to the actual
Mr. John Schrier Environmental
Page4 Resources
10/21/02 Management
cost of performing the project. The terms and conditions under the
3 July 2002 ERM/Parmenter O'Toole Master Consulting Agreement will
govern this project.
Changes in the scope of work that have a material effect on the budget or
significantly alter the schedule will be communicated verbally and in
writing to you for your approval.
To authorize our services as stated in this proposal, please sign and
return the attached Work Authorization form. Please feel free to contact
Tom O'Connell at (616) 738-7340 if you have any questions regarding the
proposed work. We appreciate the opportunity to be of service to
Parmenter O'Toole on this project.
Sincerely,
fl-,- f7, 0 ~
Thomas P. O'Connell, P.E.
Principal-in-Charge
PMS: aem/TPO
Attachment
cc: File
.•
Mr. John Schrier Environmental
PageS Resources
10/ 21/02 Management
2002- 123 ( k)
WORK AUTHORIZATION
Title: Phase I Environmental Site Assessment
Site: Muskegon Mall Parking Lots
Date: 10/21/02
The above-referenced offer to perform services, as outlined in ERM' s
proposal, is hereby agreed to and accepted. It is further agreed and
accepted that if.a purchase order is issued in connection with this
authorization, the terms and conditions as contained and/ or referenced
in ERM's proposal and/ or contract shall govern unless otherwise
mutually agreed in writing, and further that any reverse-side purchase
order terms and conditions are hereby expressly excluded.
Signature: .L~~"Qt.~L_!_~-,L.~~~~~====~ - - - - -
Printed Name: ·- -=---,-..+-'~- --"'...;...::- ~--------
-"---'--.:.<.....:...;.~-'-='
For: ----"----__;,."'--.;__-----'--_:,_-'--.;__ _________
Date: _ ~
/ f_-~(_L.....f_- _0_ 2._
_ _ _ _ _ _ _ _ _ _ _ __
Purchase Order Number:
------------------
;).oo d-- - , d-~ (N\)
Date: October 30, 2002
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Great Lakes Dock & Material Lease
Agreement
SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign a lease
agreement with Great Lakes Dock & Materials to use the
deep boat well at the Amoco Property
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmnllve Acllon
231 /724-6703
FAX1722-1214 •
Assessor
231 /724-6708
FAX/726-5181
Cemetery
231/724-6783
FAX/726-S617
C lvll Ser vice
231 /724-67 16
FAX/724-4405 West Michigan's Shorelb1e City
Clerk
231 /724-670S
FAX/724-4178
Comm. & Neigh.
Date: October 30 , 2002
Services
23 l /724-6717 To: Honorable ~_;_L ~ C i t y Commissioners
Scott /pcrt-trto'
FAX/726-2501
From : Ric
Engineering
231/724-6707 Re: Great Lakes Dock & Materials Lease Agreement
FAX/727-6904
Finance
Great Lakes Dock & Materials has requested use of the
23 I /724-6713 deep well at the Amoco property to temporarily store
FAX/724-6768
barges and other marine equipment from time to time. At
Fire Depl. their meeting on May 20, the Leisure Services Board
231/724-6792
FAX/724-6985 approved the request.
Income Tnx The agreement runs through December of 2003. Great
231 /724-6770
FAX/724-6768
Lakes would pay the city $1 for the lease, but also
commits to keeping the channel open at the Grand Trunk
Info. Systems
231/724-6744
property. The only deep water from the launch ramp at
F AX/722-4301 the Grand Trunk property is the channel that was
Leisure Service developed by Great Lakes for the Marina.
231/724-6704
FAX/724--1 196 I would ask that you authorize the Mayor and Clerk sign
Manager's Office
the agreement.
2311724-6724
FAX/722- 1214 Thank you for your consideration.
Mayor's Office
231/724-6701
FAX/722-1214
Inspection Services
231/724-671S
FAX/726-250 1
Planning/Zoning
231 /724-6702
F AX/724-6790
Police Dept.
231/724-6750
FAX/722-5140
Public Works
231/724-4I00
FAX/722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Illlllng Dept.
231/724-6718
FAX/724-6768
Water Flltrnllon
231/724-4106
FAX/7S5-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
DRAFT
06/17/02
2002-123 (m)
LEASE AGREEMENT
This Lease is entered into on the '2li' day of Oc:tnber,2002 between City of Muskegon,
P.O. Box 536, Muskegon, Michigan 49443-0536 ("Landlord") and Great Lakes Dock & Material
\.
of 1920 Lakeshore Drive, Muskegon, Michigan 49441 ("Tenant").
\.
Landlord and Tenant agree as follows:
1. Lease of Property. Landlord owns the property, commonly referred to as the
Amoco Tank Fann, described on Exhibit A. Landlord leases to Tenant and Tenant leases from
Landlord the barge slip highlighted in attached Exhibit A ("Property").
2. Term. The term of the Lease shall commence upon the execution of this Lease
and end on December 31, 2003 (the "Term"), unless sooner terminated according to the terms of
this Lease.
3. Rent. Tenant shall pay Landlord $1 and commits to maintain the entrance
channel of Great Lakes Marina, which is used for the Grand Trunk Public Launch Ramp.
4. Use of Property/ Indemnity. Tenant shall use the Property only as a mooring
area. In addition, Tenant agrees as follows:
a. Tenant shall not use the Property, or permit the Property to be used, in a
manner that may be dangerous or that constitutes a violation of any applicable law, order,
ordinance, or regulation, specifically including any zoning ordinances and shall not seek
to avoid such by claiming to be exempt from such; including environmental laws and
regulations. Tenant, its successors and assigns agree to jointly and severally indemnify,
defend, reimburse, and to release and hold harmless Landlord, its officers, employees,
representatives, and assigns from and against any and all environmental claims, releases,
damages and any other event arising in any manner whatsoever from any hazardous
substance, including any violation of any environmental requirements pertaining to the
use of hazardous substances; and/or any non-performance or violation of any obligation
of Tenant under this Agreement. The obligations of Tenant under this Section shall
include, but not be limited to, the burden and expense of defending all claims, suits, and
administrative proceedings, even if such claims, suits, or proceedings are groundless,
false, or fraudulent, and conducting all negotiations of any description, and paying and
discharging, when and as the same become due, any and all judgments, penalties or other
sums due against such indemnified persons. Tenant agrees to reimburse Landlord for any
costs of investigation or defense of any claim, including attorney fees for violation of this
section.
b. Tenant shall not commit any waste in the Property, permit any
objectionable noise or odor to be emitted, or disturb others.
G:\EOSI\FILES\00100\t 798\LEASE_GR\AA t 645.DOC Pagel
c. Tenant shall at its expense promptly comply with (i) all laws, ordinances,
orders or regulations affecting its use or occupancy of the Property or any alterations it .
has made to. the Property, specifically including zoning ordinances and shall not seek to
avoid such by claiming to be exempt from such requirements and (ii) the
recommendations of any insurance company, inspection bureau or similar agency with
respect to the Property.
5. Condition of Property; Representations. Tenant accepts the Property "AS
IS", in its existing condition. Except as Landlord and Tenant may otherwise agree in writing,
Tenant's entry into possessi,;m shall constitute conclusive evidence against Tenant that it has
inspected the Property and fciund them to be in good order and satisfactory condition. Neither
Landlord nor Landlord's agents have made any representations or promises with respect to the
physical conditions of the Property or any other portion of the Property or any other matter
pertaining to the Property or the Property.
6. Quiet Enjoyment. Landlord covenants that upon Tenant's paying the Rent and
observing and performing all the terms of this Lease, Tenant may peaceably and quietly enjoy
the Property.
7. Alterations by Tenant. Tenant shall not make any alterations, improvements,
additions or physical changes ("Alterations") to the Property.
8. Additional Construction by Landlord. Landlord reserves the right at any time
to make alterations, expansions or additions to the Property, provided such activities do not
interfere with Tenant's ability to carry on its normal business operations nor result in a
reconfiguration of the Property such that the Property become unusable to Tenant.
9. Indemnification. Tenant shall indemnify Landlord against and hold it harmless
from any and all liabilities, obligations, damages, penalties, claims, costs and expenses, including
reasonable attorneys' fees, paid or incurred as a result of or in connection with (i) the
carelessness, negligence or improper conduct of Tenant, any subtenant, or any of their agents,
contractors, employees, customers invitees, or licensees, or (ii) any breach by Tenant, any
subtenant, or any of their agents, contractors, employees, customers, invitees or licensees, of any
covenant or condition of this Lease.
10. Insurance and Indemnity.
a. Hold Harmless Agreements. To the fullest extent permitted by law,
Landlord and Tenant agree to defend, pay in behalf of, indemnify, and hold harmless the
Landlord, its elected and appointed officials, employees, volunteers, and others working
on behalf of the Landlord against all claims, demands, suits, or loss, including all costs
connected therewith, and for any damages which may be asserted, claimed or recovered
against or from the Landlord, its elected and appointed officials, employees, volunteers,
or others working on behalf of the Landlord, by reason of personal injury, including
bodily injury and death, property damage, including loss of use thereof, and/or the effects
of or release of toxic and/or hazardous materiaL which arises out of or is any way
connected or associated with this contract. The obligation to defend and hold harmless
extends to Landlord's employees, agents, subcontractors, assigns and successors.
G:\EOSI\FILES\00100\ 1798\LEASE_GR\AA 1645.DOC Page 2
b. Contractor Insurance Requirement. Landlord and Tenant shall not
commence work under this contract until obtaining the insurance required under this
paragraph. All coverages shall be with insurance companies licensed and admitted to do
business in the State of Michigan and Best Rated A VIII. All coverage shall be with
insurance carriers acceptable to Landlord.
c. Workers' Compensation Insurance. The Landlord and Tenant shall
procure and maintain during the life of this contract, Workers' Compensation Insurance,
including Employers Liability Coverage, in accordance with all applicable Statutes of the
State of Michigan.
\.
d. Commercial General Liability Insurance. The Landlord and Tenant shall
procure and maintain during the life of this contract, commercial general Liability
Insurance on an "Occurrence Basis" with limits ofliability not less than $j,OOO,OOO per i;,~l<>
occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and
Property Damage. Coverage shall include the following extensions: (A) Contractual
Liability; (B) Products and Completed Operations; (C) Independent Contractors
Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all
explosion. Collapse and Underground (SCU) Exclusions, if applicable.
e. Motor Vehicle Liability. The Landlord shall procure and maintain during
the life of this contract Motor Vehicle Liability Insurance, including Michigan No-Fault
Coverages, with limits of liability of not less than $1,000,000 per occurrence or combined 6 (!)
single limit Bodily Injury and Property Damage. Coverage shall include all owned
vehicles, all non-owned vehicles and all hired vehicles.
f. Additional Insured. Commercial General Liability and Motor Vehicle
Liability Insurance, as described above, shall include an endorsement stating the
following shall be "Additional Insureds": The Landlord, all elected and appointed
officials, all employees and volunteers, all boards, commissions and/or authorities and
board members, including employees and volunteers thereof. The endorsement adding
the Landlord as additional insured shall read exactly as follows: "The City of Muskegon
is hereby added as an additional insured ... "
g. Cancellation Notice. Workers' Compensation Insurance, Commercial
General Liability Insurance and Motor Vehicle Liability Insurance, as described above,
shall include an endorsement stating the following: "It is understood and agreed that
Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction
and/or Material Change shall be sent to: CITY OF MUSKEGON ENGINEERING
DEPARTMENT".
h. Proof of Insurance Coverage. The Landlord and Tenant shall provide the
Landlord at the time the contracts are returned by it for execution, certificates and
policies endorsing the Landlord as additional insured as listed below:
G:\EDSl\F!LES\00100\ 1798\LEASE_GR\AA 1845.DOC Page3
i. Two (2) copies of Certificate of Insurance for Workers'
Compensation Insurance;
ii. Two (2) copies of Certificate of Insurance for Commercial General
Liability Insurance;
iii. Two (2) copies of Certificate of Insurance for Vehicle Liability
Insurance;
iv. Original Policy, or original Binder pending issuance of policy, for
\. Owner's and Contractor's Protective Liability Insurance; \.
v. If so requested, Certified Copies of all policies mentioned above
will be furnished.
i. If any of the above coverages expire during the term of this contract, the
Landlord and Tenant shall deliver renewal certificates and/or policies to Landlord at least
ten (10) days prior to the expiration date.
11. Landlord's Remedies. If Tenant defaults in the performance of any of
the covenants or conditions which Tenant is required to observe and perform under this
Lease for a period of 10 days following written notice of such failure, or if Tenant
abandons or vacates the Property during the Term, or if Tenant is dissolved, then
Landlord may, but need not, treat the occurrence of any one or more of the foregoing
events as a breach of this Lease, and may, at its option, without notice or demand of any
kind to Tenant or any other person, have any or more of the following remedies in
addition to all other rights and remedies provided at law or in equity:
a. Terminate this Lease and repossess the Property.
b. Cure the default and recover the cost of curing as Additional Rent
due on demand.
c. In the event the Landlord takes any action to enforce the terms and
conditions of this Lease, Landlord shall, in addition to any other remedies
available to it, be entitled to collect from Tenant all of its costs incurred in
connection with such enforcement including, but not limited to actual attorneys
fees.
12. Termination; Surrender of Possession.
a. Upon the expiration or termination of this Lease, Tenant shall:
i. Restore the Property to their condition at the beginning of
the Term, ordinary wear and tear excepted, remove all of its personal
property and trade fixtures from the Property and the Property and repair
any damage caused by such removal;
ii. Surrender possession of the Property to Landlord: and
•
G:\EDSI\FILES\00100\1798\LEASE_GR\AA 1645. 0C Page4
If Tenant fails or refuses to restore the Property, Landlord
111.
may do so and recover its cost. Landlord may, without notice, dispose of
any property of Tenant left upon the Property in any manner that Landlord
chooses without incurring liability to Tenant or any other person. The
failure of Tenant to remove any property from the Property shall forever
bar Tenant from bringing any action or asserting any liability against
Landlord with respect to such Property.
13. Holding Over. If Tenant remains in possession of the Property, or any part
thereof, after the termi~ation or expiration of this Lease, and such holding over continues for a
period of more than 30 days, Tenant shall pay Landlord two times the amount of Rent which
would have been due for a like period of occupancy during the Term. The provisions of this
clause shall not operate as a waiver by Landlord of any right it may otherwise have.
14. Assignment and Subletting. Tenant shall not, without the express prior written
consent of Landlord, which consent shall not be unreasonably withheld, assign this Lease
(whether as security for an obligation or otherwise); permit any assignment by operation of law;
sublet the Property or any part thereof; or permit the use of the Property by any party other than
Tenant and its employees. No consent by Landlord to an assignment or subletting shall be
construed to relieve Tenant from its obligations or from obtaining Landlord's written consent to
any further assignment or subletting.
15. Bankruptcy.
a. If following the filing of a petition by or against Tenant in a bankruptcy
court, Landlord shall not be permitted to terminate this Lease because of the provisions of
Title 11 of the United States Code relating to Bankruptcy, as amended (the "Bankruptcy
Code"), then Tenant (including Tenant as Debtor-in-Possession) or any trustee for Tenant
agrees to promptly, but no later than 60 days after petition by Landlord to the bankruptcy
court, assume or reject this Lease, and Tenant agrees not to seek or request any extension
or adjournrnent of any petition to assume or reject this Lease by Landlord with such
court. Tenant's, or the trustee's, failure to assume this Lease within the 60-day period
shall be deemed a rejection. Landlord shall thereupon immediately be entitled to
possession of the Property without further obligation to Tenant or the trustee, and this
Lease shall be terminated, except that Landlord's right to damages for Tenant's default
shall survive such termination.
b. Tenant or any trustee for Tenant may only assume this Lease if (i) it cures
or provides adequate assurance that the trustee will promptly cure any default, (ii) it
compensates or provides adequate assurance that the Tenant will promptly compensate
Landlord for any actual pecuniary loss to Landlord resulting from Tenant's default, and
(iii) it provides adequate assurance of future performance under this Lease by Tenant. In
no event after the assumption of this Lease by Tenant or any trustee for Tenant shall any
then-existing default remain uncured for a period in excess of 10 days. Adequate
assurance of future performance of this Lease shall include, without limitation, adequate
assurance (a) of the source of Rent required to be paid by Tenant, and (b) that assumption
or permitted assignment of this Lease will not breach any provision of this Lease.
G:\EOSI\F lLES\00100\ 1798\LEASE_GR\AA 1645.DOC Page 5
16. Remedies Cumulative. All rights and remedies of Landlord under this Lease
shall be cumulative. The failure of either party to enforce any covenant or condition of this
Lease shall not be deemed a waiver thereof of the right of either party to enforce each and every
covenant and condition of this Lease. No provision of this Lease shall be deemed to have been
waived unless such waiver shall be in writing and signed by the person against whom the waiver
is claimed.
17. Expenses of Enforcement. The losing party shall pay all reasonable attorneys'
fees and expenses incurred by the winning party in enforcing any provision of this Lease.
18. Landlord's Access to Property. Landlord'may ' enter the Property at reasonable
times upon reasonable notice for the purpose of inspecting or showing them, preventing waste,
loss or destruction, enforcing any of its rights or powers under this Lease, or making such repairs
or alterations as it is required or permitted to make. The obligations of Tenant under this Lease
shall not be affected by any such entry.
19. Miscellaneous.
a. Gender; Singular and Plural. Whenever in this Lease words, including
pronouns, are used in the masculine, they shall be read in the feminine or neuter
whenever they so apply and vice versa, and words in this Lease that are singular shall be
read as plural whenever the latter apply and vice versa.
b. Notices. All communications required under this Lease shall be in writing
and shall be deemed to have been given if either delivered personally or mailed by
certified or registered mail to a party at the addresses set forth on the first page of this
Lease. The parties' addresses may from time to time be changed by written notice.
c. Governing Law; Invalidation. This Lease shall be governed by and
construed in accordance with the Jaws of the State of Michigan. The invalidation of one
or more terms of this Lease shall not affect the validity of the remaining terms.
d. Amendment. This Lease, including any exhibits or riders attached,
represents the entire agreement between the parties. No oral or written, prior or
contemporaneous agreements shall have any force or effect, and this Lease may not be
amended, altered or modified unless done so by means of a written instrument signed by
both parties.
e. Successors aud Assigns. The covenants, conditions, and agreements
contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and,
except to the extent prohibited, their respective successors and assigns.
f. Covenants and Conditions. All covenants and conditions contained in
this Lease are independent of one another. All of the covenants of Tenant shall, at the
option of Landlord, be construed as both covenants and conditions.
g. Sale or Transfer of Property or Property. Upon any sale or transfer,
including any transfer by operation oflaw, of the Property, Landlord shall be relieved of
G:IEDSI\FILES\00100\ 1798\LEASE_ GR\AA 1645.00C Page 6
all subsequent obligations and liabilities under this Lease, provided that the new owner of
the Property agrees to assume the Landlord's obligations under this Lease.
h. Accord and Satisfaction. Landlord may accept any check or payment of
less than the full amount it is owed without prejudice to its right to recover the balance or
to pursue any other remedy in this Lease.
i. Brokers. Landlord and Tenant represents and warrants that it has dealt
with no broker in connection with this Lease.
j. Consent. Whenever the consent of Landlord is required under this Lease,
it shall not be unreasonably withheld or delayed.
This Lease was executed on the date set forth above.
Landlord - City of Muskegon
By:_s:~~:,__.p~~~---t'~---
Name:
Title:
Date: - ·w~o~1~,e~~~b~e~r-'-'J2Se----' 200Z
and by
Name: Gail A. Kundinger
,L
Title: Its City Clerk
Date: November 12 , 2002
Tenant - Great Lakes Dock & Material
By:---J,---,1,.~'.l..<-.L.._4"--J.f,,1~""'1-------
Na
Titl
Date:
G:IEOSIIFILES\0010011796\LEASE_GRIM 1645.00C Page7
Muskegon Lake
1410
1414
•
,.,
1441
1677
. <
16
Amoco
,:,'I 1490
1490 -,,"-·
LAKE SHORE DR / 1485
REDR / 1752
1758
1470
1490
I.AKE SHORE DR
.. 7..
, '~0>~ ~ y fa0
~ {,Q . ....' 1,
Date: November 12, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Michigan Hazard Mitigation Grant Program (HMGP)
SUMMARY OF REQUEST:
To submit a grant application requesting funds to either replace the culvert behind the
Butch's gas station or add a new one. This project is proposed to reduce if eliminate
the ongoing flooding of Sherman. The estimate cost of the project is $100,000. ·
FINANCIAL IMPACT:
The grant requires a match of 25% of the cost.
BUDGET ACTION REQUIRED:
None at this time
STAFF RECOMMENDATION:
To approve the project submittal and resolution.
COMMITTEE RECOMMENDATION:
Date: November 5, 2002
To: Honorable Mayor and City Commission
From: Public Facilities - Sanitation
Re: Garbage Cart Purchase second shipment of 2002
SUMMARY OF REQUEST:
Authorization to purchase 504 garbage carts from Toter Incorporated
Statesville North Carolina. (Other outlet are in California & Texas)
These are replacement carts for those in service for more than 12 years
FINANCIAL IMPACT:
Unit cost per cart $44.37 (504 per truckload) = $22,362.48
BUDGET ACTION REQUIRED:
This purchase to be charged to the 2002 sanitation budget
Account# 101-60523-5700 (capital outlay equipment)
Budgeted amount is $25,000
STAFF RECOMMENDATION:
Staff recommends approval of the purchase
COMMITTEE RECOMMENDATION:
Date: October 22, 2002
To: Honorable Mayor and City Commissioners
From: RicScott~
RE: Gypsy Moth Program Contract
SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the 2003 Gypsy
Moth Program Agreement with Muskegon County
FINANCIAL IMPACT:
Unknown
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
23 I /724-6708
FAX1726-5181
Cemetery
231 /724-6783
FAX/726-5617
C ivil Service
231/724-6716
FAX/724-4405 West MfchJgan's Shoreline City
C lcr·k
231 /724-6705
FAX/724-4178
Comm. & Neigh.
Date: October 22 , 2002
Services
231/724-6717 To: Honorable Mayor and City Commissioners
FAX/726-2501
From : Ric Scott ~ , e f -
Engineering
231 /724-6707 Re: Gypsy Moth Program Contract
FAX/727-6904
Finance
For many years the County of Muskegon has overseen the
231/724-6713 spraying of Gypsy Moths when necessary . The City has
F AX/724-6768
participated in this program , but has not needed
Fire Dept. spraying for several years. At this time , I do not
231/724-6792
FAX/724-6985 anticipate that any areas of the City will need
Jncome: Tax
spraying. However, I would recommend that we enter into
231 /724-6770 the agreement so that if there are areas , we can get the
FAX/724-6768
benefit of the pricing from the County program .
Info. Systems
23 I /724-6744 Therefore , I would ask that you authorize the Mayor and
FAX/722-430 I Clerk sign the attached agreement .
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
FAX1722-1214
Inspection Services
231/724-6715
F AX/726-250 I
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
231/724-6750
F AX/722-5140
Public Works
231/724-41 00
FAX1722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Bllllng Depl.
231/724-6718
F AX/724-6768
Water Ffltrntlon
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
INTERGOVERNMENTAL AGREEMENT FOR
MUSKEGON COUNTY GYPSY MOTH SUPPRESSION PROGRAM
This agreement is made and entered into this _ _ _day of_ _ _ _ _ _ _, 2002,
by and between City of Muskegon (hereinafter referred to as "Municipality"), and the
County of Muskegon (hereinafter refe(red to as "County"), with respect to the
establishment of an intergovernmental program for the year 2002-2003 for the purpose
of managing gypsy moth populations and their subsequent effects, agree to mutually
assist each other in the implementation ofa comprehensive gypsy moth suppression
program. This agreement is to ensure that appropriate commitment to the gypsy moth
suppression program's goals and objectives are met by both parties.
County Responsibility
A. County shall be responsible for general program administration.
B. County shall be responsible for necessary field audits of areas requiring aerial
spraying in accordance to Michigan Department of Agriculture (MDA) specifications
and standards.
C. County shall be responsible for required mapping of areas to be sprayed. This
includes providing municipalities with copies of appro'priate maps.
D. County shall provide postage-paid, pre-printed post cards as property owner
notification as required by MDA.
E. County will contract with independent contractors for aerial spraying services.
F. County will determine time and date for aerial spraying operations in accordance
with MDA specifications.
G. County will invoice Municipality for agreed costs of aerial spraying.
Municipality Responsibility
A. Provide mailing labels for property owner notifications including a count of
properties affected by the program (based on maps of areas to be sprayed as
provided by County staff). Provide County ·s taff with copies of mailing list for future
survey purposes.
B. Assist County staff in locating potential areas of infestation by providing County staff
· with maps indicating such areas (by October 20, 2000).
C. Approve areas determined to be in accordance with MDA specifications
D. Reimburse County for one-half(½) of the actual cost of spraying on a per acre
basis. This will be based on actual acres sprayed, as digitized, minus any areas
deleted due to property owner protest.
Financial Responsibility
The following is the financial responsibility by institution:
County: 50% of administrative costs
MDA: 50% of administrative costs, 50% of spray costs
Municipality: 50% of actual spray costs
Hold Harmless Agreement
To the fullest extent permitted by law, the Municipality shall defend, indemnify, and hold
harmless the County, its subsidiaries, departments, divisions, and agencies and their
respective officials, officers, directors, employees, and agents from and against any and
all liability, litigation, causes of action, and claims, by whomsoever brought or alleged
and regardless of the legal theories upon which based, and from and against all losses,
costs, expenses, and fees and expenses of attorneys and expert witnesses resulting
therefrom on account of, relating to, or arising out of bodily injury to or death of any
person or on account of damage to property, including loss of use thereof, arising or
allegedly arising out of or resulting from the work. The foregoing indemnity of the
County shall include, but is not limited to, claims aileging or involving the negligence of
the Contractor, its subcontractors, or the joint negligence of the Contractor, its
subcontractors, and or the County, but shall not extend to liability found by way of final
judgement to have resulted from the sole negligence of the County.
Withdrawal from Program
The Municipality may withdraw from the program without penalty if notice of such action
is received in writing by April 1, 2003. If no written notice is received, the Municipality
will be responsible for any associated costs or penalties assessed to the County for
withdrawing acres from the program in an untimely manner.
County of Muskegon
Date: 10/10/02
To: Honorable Mayor and City Commission
From: Brett Kraley, Equipment Supervisor DPW
RE: Budgeted Vehicle Purchases
SUMMARY OF REQUEST: Approval to purchase three Dodge 1500 trucks.
FINANCIAL IMPACT: Total Cost $45,614.34 for all three units.
BUDGET ACTION REQUIRED: None. We will be using funds still available for
2002.
STAFF RECOMMENDATION: Approve purchase of three Dodge 1500 trucks
using The State Of Michigan Purchasing Contract.
Memorandum
To: Robert Kuhn
From: Brett Kraley
Date: 11/06/02
Re: Pick Up Trucks
The Equipment Division would like to ask the Commission for permission to use
funds left in the equipment fund to move up the purchase of three Dodge 1500
trucks that are budgeted for 2003.
I have solicited bids from the local dealerships as well as the State Of Michigan
Purchasing Contract to compare costs. The bids are as follows Lakeshore Dodge
$50,433.00, Duer Spee! $47850.00, Family Motors $45,855.00 and State Of
Michigan Purchasing Contract $45,614.34.
The bid from Family Motors is extremely close to the State Contract, but in
accordance with established policy, we are requesting that we us The State Of
Michigan Purchasing Contract.
1
Duer S11eet FamilJl Motors Lakeshore Dodge Michigan State Contract !
TJ£11e of Vehicle Fremont Ml. Norton Shores Mi. Montague Mi. Lansing Mi.
i
Dodge 1500 truck $15,950.00 $15,295.00 $16,811.00 · l!15,074. 78 ;
.
Delivery •
$390.00
Total Cost $47,850.00 $45,885.00 $50,433.00 !!45,614.34
'
Date: October 29, 2002
To: Honorable Mayor and City Commissioners
From: Ric Scott
RE: Leisure Services Master Plan of 2003
SUMMARY OF REQUEST:
To adopt the Leisure Services Master Plan of 2003
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approve
COMMITTEE RECOMMENDATION:
Leisure Services Board Recommends approval
Affirmative Action
231/724-6703
FAX/722-1214
Assessor
231/724-6708
FAX/726-5181
Cemetery
23 I /724-6783
FAX/726-5617
C lvll Service
231 /724-67 16
FAX/724-4405 West MlchJgan's Shoreline City
Clerk
231 /724-6705
FAX/724-4178
Comm. & Neigh.
Date: October 29, 2002
Services
231/724-67 17 To: Honorable M;,s:>
f ~City Commissioners
FAX/726-2501
Engineering
From: Ric Scott YftPW
231 /724-670 7 Re : Leisure Services Master Plan of 2003
FAX/727-6904
Fin ance
A recreation and Parks master plan is required by the
231/724-6713 Michigan DNR to be eligible to receive grant funding .
FAX/724-6768
This year the City of Muskegon's five- year plan is up
Fire Dept. for renewal.
231/724-6792
FAX/724-6985
The Leisure Services Board has been systematical ly going
Income Tax through the plan since last spring. At their meeting on
231/724-6770
FAX/724-6768
October 21 st , the Board voted to recommend the attached
plan to the City Commission .
Info. Systems
23 I /724-6744
FAX/722-4301
The plan is a comprehensive study of what the city
currently is doing in recreation and what facilities
Leisure Service
23 l /724-6704
exist and their condition. It concludes with an action
FAX/724-1196 plan that provides a guideline for improving recreation
Manager's Office
and parks for the residents of the City of Muskegon.
23 I /724-6724
FAX/722-12 14 The DNR requires that a public hearing be held to gather
public input on the proposed plan . I would ask that
Mayor's Office
23 l /724-6701 after the hearing, that the City Commission adopt the
FAX/722-1214
Master plan.
Inspection Services
231/724-6715
Thank you for your consideration.
FAX/726-2501
Planning/Zoning
231/724-6702
FAX/724-6790
Police Dept.
23 I /724-6750
FAX/722-5140
Public Works
231/724-4100
FAX/722-4188
Treasurer
23 I /724 -6720
F AX/724-6768
Water BlUlng Dept.
231/724-6718
FAX/724-6768
Water Filtration
231/724-4106
FAX/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
RESOLUTION NO. _ __
MUSKEGON CITY COMMISSION
RESOLUTION ADOPTING THE MUSKEGON LESURE SERVICES MASTER PLAN OF
2003
WHEREAS, the City Commission of the City of Muskegon has unde1taken a Five Year
Leisure Services Plan which describes the physical features, existing recreation
facilities and the desired actions to be taken to improve and maintain recreation
facilities dm-ing the period from 2003 and 2008, and
WHEREAS, a public comment session was held November 12, 2003 at the Muskegon City
Commission Chambers to provide an opportunity for citizens to express
opinions, ask questions, and discuss all aspects of the Leism-e Services Plan, and
WHEREAS, the City Commission of the City of Muskegon has developed the plan for the
benefit of the entire comm1mity and to adopt the plan as a docm-uent to assist in
meeting the recreation needs of the connnunity, and
WHEREAS, after the public hearing, the City Commission of the City of Muskegon voted to
adopt said Leism-e Services Master Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Connnission of the City of Muskegon
hereby adopts the City of Muskegon Leisure Services Master Plan of2003 as a
guideline for improving recreation for the residents of the City of Muskegon.
Adopted this 12th day of November, 2002
AYES:
NAYS:
ABSENT:
I, Gail Kundinger, the City of Muskegon Clerk, do hereby certify that the foregoing is a true and
01iginal copy of a resolution adopted by the City Commission of the City of Muskegon at a
regular Meeting thereof held on November 12, 2002
BY _ _ _ _ _ _ _ _ __
Steve Warmington, Mayor
ATTEST _ _ _ _ _ _ _ __
Gail Kundinger, City Clerk
TO: Honorable Mayor and City Commissioners
FROM: Engineering
DATE: NOVEMBER 12, 2002
RE: Public Hearing
Spreading of the Special Assessment Roll
BLACK CREEK RD, SHERMAN TO LATIMER
SUMMARY OF REQUEST:
To hold a public hearing on the spreading of the special assessment for Black Creek Rd. from
Sherman to Latimer, and to adopt the attached resolution confirming the special assessment roll.
FINANCIAL IMPACT:
A total of$55,762.98 would be spread against the twelve-(12) parcels abutting the project.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
ResolutionNo. 2002-125{b)
Resolution Confirming Special Assessment Roll
For BLACK CREEK RD., 528' s. OF OLTHOFF TO LATIMER
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
1. The City Commission determined to create a special assessment district covering the
Properties set forth in Exhibit A attached to this resolution on July 9, 2002, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the roll filed before or at the hearing.
THEREFORE, BE IT RESOLVED:
1. That the special assessment roll submitted by the Board of Assessors is hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (I 0) years. Any assessment that is paid in installments shall carry interest at
the rate of five (5) percent per annum to be paid in addition to the principal payments on
the special assessment.
RESOLUTION CONFIRMING SPECIAL ASSESSMENT ROLL
FOR BLACK CREEK RD., 528' S. OF OLTHOFF TO LATIMER
Continued...
3. The Clerk is directed to endorse the certificate of this confirmation resolution and the
Mayor may endorse or attach his warrant bearing the date of this resolution which is the
date of confirmation.
This resolution passed.
Ayes: Schweifler, Shepherd, Spataro, Warmington, Buie, Gawron, Larson
Nays: None
- ~~~------ - - - - -- - - - - - - -- - - - --
Cityof~ ,
By ~0-
A.
Gail
~
Kundinger,. •c ity Clerk
CERTIFICATE
This resolution was adopted at a meeting of the City Commission, held on November 12, 2002.
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.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on this date, being November 12, 2002.
By
~ tyu ~
ail A. Kundinger, City ~
EXHIBIT A
BLACK CREEK FROM SHERMAN BLVD. TO LATIMER
SPECIAL ASSESSMENT DISTRICT
AIi properties abutting that section of Black Creek Rd. from 563' S. of the Centerline of
Olthoff to Latimer
BLACK CREEK RD., 528' S. OF OLTHOFF TO LATIMER
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN J. WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICIDGAN )
) ss
COUNTY OF MUSKEGON)
TO CONFIRM THE SPECIAL ASSESSMENT DISTRICT FOR :
H-1536 Black Creek, Sherman to Latimer
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1st OF NOVEMB R 2002
-~
' Q_
SUBSCRIBED AND SWORN TO BEFORE ME THIS
_ __ DAY OF _ _ _ _ _ __ _, 2002.
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES - -- -----
November 1st, 2002
OWNERS NAME
OWNERS ADDRESS
MUSKEGON, Ml 49442
Property Parcel Number: 24-XXX-XXX-XXXX-XX at PARCEL ADDRESS
NOTICE OF HEARING TO CONFIRM SPECIAL ASSESSMENT
ROLL
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will
now consider final confirmation of the special assessment roll:
Milling & Resurfacing-Black Creek, Sherman N to Latimer
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on
Tuesday, NOVEMBER 12th, 2002 at 5:30 P.M. You are entitled to appear at this hearing, either
in person, by agent or in writing to express your opinion, approval, or objection concerning the
special assessment. Written appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR
ASSESSMENT EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE
SPECIAL ASSESSMENT IS CONFIRMED NOVEMBER 12th, 2002 YOU WILL HAVE THIRTY
(30) DAYS FROM THE DATE OF THE CONFIRMATION TO FILE A WRITTEN APPEAL WITH
THE MICHIGAN TAX TRIBUNAL (517-334-6521). HOWEVER, UNLESS YOU PROTEST AT
THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
The final projected cost of the street improvement portion of the project is $124,000 of which
$55.762.98 will be paid by special assessment. If the special assessment is confirmed, your
property will be assessed $XXXX based on XXX feet assessable front footage at $12.62 per
assessable foot for the street improvements. In addition, you will be assessed $0.00 for driveway
approach and/or sidewalk improvements made to your property for a total special assessment
cost of $XXXX. Following are the terms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5% per year
First Installment: $XXX.XX PER YEAR
Due Date: January 1", \ 2002
0
The total assessment may be paid in full any time prior to the due date shown above
without interest being charged. After this date, interest will be charged at the rate
shown above on the outstanding balance. Assessments also may be paid over a ten
year period in ten equal principal installments. If you pay your assessment in
installments, your annual installment (including interest) will be included as a separate
item on your property tax bill each year. Therefore, if you pay your property taxes
through a mortgage escrow agent, you should notify them of this change. Early
payments may be made at any time and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC
HEARING YOU WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS
LETTER WILL REPRESENT YOUR INITIAL BILLING IF YOU WISH TO PAY IN FULL
PRIOR TO THE DUE DATE AND AVOID INTEREST COSTS. OTHERWISE, YOU
WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH THE FIRST
INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL
If you have any specific questions about the work done please call the Engineering
Department at 231- 724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for
more information on the payment options and Application for Waiver of Special
Assesment for financial assistance .
Sincerely,
~
/
}1:lh ~ J !lJf:f~'
j
Mohammed AI-Shatel, P.E.
1
City Engineer
Enclosures
Special Assessment Payment Options
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.....,.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!......,..,, I
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 paynienfa
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 i
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 \i_.
being assessed for five (5) years or more. \
,,
11
• 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,
including 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.
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
BLACK CREEK RD., 528' S. OF OLTHOFF TO LA TIMER
The location of the special assessment districts and the properties proposed to be assessed are:
• All parcels abutting Black Creek Rd. from 528' S. of Olthoff to Latimer
PLEASE TAKE NOTICE that a hearing to confirm the special assessment roll will be held at the City of Muskegon
Commission Chambers on NOVEMBER 12, 2002 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the special
assessment roll that has been prepared and submitted for the purpose of said hearing and for examination by those
persons to be assessed. The special assessment rolls are on file and may be examined during regular business hours
at the City Engineer's office between 8:00 a.m. and 5:00 p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HA VE A RIGHT TO PROTEST YOUR ASSESSMENT EITHER
IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT ROLL IS CONFIRMED,
YOU WILL HA VE 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 THIS HEARING OR DID SO AT THE PREVIOUS HEARING ON THIS SPECIAL
ASSESSMENT DISTRICT EITHER IN PERSON OR BY AGENT, OR IN WRITING BEFORE OR AT THE
HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearings the City Commission determined that the special assessment
districts should be created, the improvements made, and the assessments levied. The purpose of these hearings are
to hear objections to the assessment rolls and to approve, reject, or correct the said roIIs.
Gail A. Kundinger, City Clerk, MMC
Publish: NOVEMBER 02, 2002
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
lwenly-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(231) 724-6705 of TDD (23 I) 724-6773
CITY OF MUSKEGON
Resolution: No. 2002-83 (a)
Resolution At First Hearing Creating Special Assessment District
For Black Creek Rd. from 563' S. of the CL. Of Olthoff to Latimer.
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
1. A hearing has been held on July 9, 2002 at 5 :30 o'clock p.m. at the City
Commission Chambers. Notice was giveh 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 July 9, 2002, there were 37.6s1/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 property 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 constiti.ites 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 Warmington and Schweifler
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 45% 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 Larson, Shepherd, Spataro, Warmington, Buie, Gawron
Nays None
CITY OF MUSKEGON
By ~.G\(_;i_r~
Gail A. Kundinger, Cle~
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on July 9, 2002. 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~oLr'Gail A. Kundinger, Clerk
EXHIBIT A
BLACK CREEK FROM SHERMAN BLVD. TO LATIMER
SPECIAL ASSESSMENT DISTRICT
All properties abutting that section of Black Creek Rd. from 563' S. of the Centerline of
Olthoff to Latimer
H-1536 HEARING DATE NOVEMBER 12th, 2002
Milling & Resurfacing-Black Creek, Sherman N to Latimer
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
24-693-000-0036-00 2121 LATIMER DR BEKAERT STEEL WIRE 2121 LATIMER DR MUSKEGON Ml 49442 $6,789.56 $0.00 $6,789.56
24-134-400-0001-00 2200 BLACK CREEK CONSUMERS ENERG 4000 CLAY AVE SW GRAND RAPID Ml 49501-0 $1,794.94 $0.00 $1,794.94
24-134-400-0002-20 2241 BLACK CREEK TRACE ENVIRONMEN 2241 BLACK CREEK MUSKEGON Ml 49442-0 $5,001.68 $0.00 $5,001.68
24-134-400-0002-00 2285 BLACK CREEK CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $772.34 $0.00 $772.34
24-134-400-0002-10 2325 BLACK CREEK SIGN GRAFTERS 2325 BLACK CREEK MUSKEGON Ml 49442-0 $3,786.00 $0.00 $3,786.00
24-694-000-0038-00 2265 BLACK CREEK RS B PROPERTY L L 2265 BLACK CREEK R MUSKEGON Ml 49444 $13,194.97 $0.00 $13,194.97
24-695-000-0056-00 2541 BLACK CREEK MUNN PROPERTIES L 1489 US31 NORTH TRAVERSE CITMI 49686 $3,621.94 $0.00 $3,621.94
24-695-000-0055-00 2534 BLACK CREEK WESTSHORE ENG & S 2534 BLACK CREEK R MUSKEGON Ml 49442-0 $3,344.30 $0.00 $3,344.30
24-694-000-0053-00 2225 OLTHOFF ST STATE OF MICHIGAN PO BOX 30050 LANSING Ml 48909 $0.00 $0.00 $0.00
24-694-000-0039-00 2246 OLTHOFF ST REID TOOL SUPPLY C 2265 BLACK CREEK R MUSKEGON Ml 49444 $4,618.92 $0.00 $4,618.92
24-134-400-0002-30 2400 BLACK CREEK CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $2,965.70 $0.00 $2,965.70
24-134-400-0006-00 2350 BLACK CREEK BJE LL C 1985 E LAKETON AVE MUSKEGON Ml 49442-0 $1,564.88 $0.00 $1,564.88
24-134-400-0003-10 2330 BLACK CREEK CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml 49443 $0.00 $0.00 $0.00
24-134-400-0003-00 2300 BLACK CREEK SOUTH SHORE PROP 2300 BLACK CREEK MUSKEGON Ml 49444-0 $8,307.75 $0.00 $8,307.75
11/13/02
Page 1 of 2
H-1536 HEARING DATE NOVEMBER 12th, 2002
Milling & Resurfacing-Black Creek, Sherman N to Latimer
SPECIAL ASSESSMENT ROLL
DR APP
PARCEL @ OWNER MAILING ADDRESS PAVING /SW TOTAL
---- - ----• ·-•--- ·-····· ·····•·--··-····· ··· · - -- -- - - - - - - - - --··
TOTALS .......... . _ . $55,762.98 $0.00 $55,762.98
PLEASE NOTE: PARCELS SHOWING $0.00 IN THE TOTAL COLUMN ARE EXEMPT
BOARD OF ASSESSORS
/~Jftc
,TION DATE
DATE
11/~//~ L--
DATE ( co
11/13/02
Page 2 of 2
Date: October 8, 2002
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Second amendment to the Special Assessment Roll
Sidewalk Replacement Program 2002 (Area E5)
SUMMARY OF REQUEST:
It is respectfully requested that the amended 2002 sidewlak roll be amended one more time to
remove, add and adjust the special assessment amounts "due to an oversight on our part in the
engineering department. The special assessment roll for the 2002 sidewalk program be
amended to:
• 869 Amity ............ Remove
• 1061 Allen ........... Remove
• 858 Amity ........... Reduce assessment from $265 to $132.5
• 1240 Isabella ........ Add an assessment of $132.5 to the roll, signed awaiver.
FINANCIAL IMPACT:
A total of$153,787.70 will be assessed against 295 parcels.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the amended special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2002-125 ( c)
Resolution for second Amendment to the Special Assessment Roll
'
for THE 2002 SIDEWALK REPLACEMENT PROGRAM
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on February 12, 2002,,at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City. The original roll was adopted September
24, 2002, and it appears that the roll should be amended to remove the properties located
at 869 Amity (24-121-300-0115-00) and I 061 Allen (24-142-000-0048-00).
Furthermore, the roll should be amended to add 1240 Isabella (24-128-200-0007-00) and
to reduce the assessment amount against 858 Amity (24-121-300-0072-00) from $265 to
$132.5.
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable.
4. The City Commission has heard all objections to the amended roll filed before or at the
hearing.
THEREFORE. BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors as amended is
hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten ( I 0) years. Any assessment which is paid in installments shall carry interest at
the rate of 5.00% per annum to be paid in addition to the principal payments on the
special assessment:
RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL
FOR THE 2002 SIDEWALK REPLACEMENT PROGRAM
Continued...
3. The Clerk is directed to endorse the certificate of this
confirmation resolution and the Mayor may endorse or attach his wa1Tant bearing the date
of this resolution which is the date of confirmation.
This resolution passed.
Ayes: Shepherd, Spataro, Warmington, Buie, Gawron, Larson. Schwe.ifler
Nays: _N,_,_.o,!.!_n_,., e,____ _ __ __ _ _ _ __ _ _ _ _ __ __ _ _ _ _ __
City of Muskegon
By ~ o~~ ·
CERTIFICATE
Gail A. Kundinger, City ct::
This resolution was adopted at a meeting of the City Commission, held on November 12, 2002.
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.
Further, I hereby certify that the special assessment roll referred to in thi~ resolution was
confirmed on this date, being November 12, 2002.
City ofMuskegon
By ~ a-Lek~
Gail A. Kund inger, City Cler
EXHIBIT A
SIDEWALK REPLACEMENT PROGRAM FOR2002
SPECIAL ASSESSMENT DISTRICT
The location of the special assessment district and the properties proposed to be assessed are:
Those properties identified in the area listed below as having sidewalk deficiencies in which the owners
have not completed the required improvements by June 1, 2002.
All parcels within area E-5 which is bounded by Ryerson Creek to the north, Evanston to
south, Getty St. to the west and Easterly City limits to the east in a addition to 995 Evanston,
1381, 1391 & 1405 Madison
THE 2002 SIDEWALK REPLACEMENT PROGRAM
(Area E-5)
MAYOR'S ENDORSEMENT AND WARRANT
I, STEPHEN WARMINGTON, MAYOR OF THE CITY OF MUSKEGON, HEREBY
ENDORSE THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO
THE CITY TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON)
H-1535 Sidewalk Replacement Program for 2002
THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 1ST DAY OF NOV MBER 2002.
SUBSCRIBED AND SWORN TO BEFORE ME THIS
/.3th DAYOF ,4/4 //Cm ~ f , ,2002.
~ -d ~
NOTARY PUBLIC, MUSKEGON COUNTY, MICIDGAN
MY COMMISSION EXPIRES 9-d S-- 0 b
PARCEL
AMENDED SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
'24-680-000-0013-00 1259 ADA AVE PICARD LAURA J 1259 ADA AVE MUSKEGON Ml $397.50
24-680-000-0009-00 1272 ADA AVE PECK BRUCE 1272ADAAVE MUSKEGON Ml $265.00
24-250-000-0092-00 1086 ADA AVE HARKER PATRICK J 1086 ADA AVE MUSKEGON Ml $132.50
24-250-000-0089-00 1068 ADA AVE SCOTT DOUGLAS L 1068ADAAVE MUSKEGON Ml $861.25
24-250-000-0086-00 1048 ADA AVE DREESE MONTE G/KENDRA 1048ADAAVE MUSKEGON Ml $530.00
24-250-000-0105-00 1025 ADA AVE PAIGE BETTY J/HARRY 1025ADAAVE MUSKEGON Ml $575.05
24-250-000-0103-00 1037 ADA AVE JOLMAN BRADLEY 1037 ADA AVE MUSKEGON Ml $466.40
24-250-000-0102-00 1043 ADA AVE ROGERS RICHARD D/MONIQUE 1043 ADA AVE MUSKEGON Ml $201.40
24-250-000-0100-00 1055 ADA AVE BAKER DANIEL/STEPHANIE 1055 ADA MUSKEGON Ml $251.75
24-250-000-0099-00 1059 ADA AVE LEE LYNELL U 1059ADAAVE MUSKEGON Ml $728.75
24-250-000-0098-00 1067 ADA AVE BOWMAN JOHN J/PUTNAM JUDI 1067 ADA AVE MUSKEGON Ml $265.00
24-250-000-0096-00 1081 ADA AVE SCAIFE CALVIN 3433 EVANSTON AVE MUSKEGON Ml $265.00
24-250-000-0094-00 1093 ADA AVE WALTON GWENDOLYN E 1093ADAAVE MUSKEGON Ml $397.50
24-250-000-0122-00 913 ADA AVE KITCHEN MARK A/DELPHINE E 913ADAAVE MUSKEGON Ml $795.00
24-250-000-0067-00 924 ADA AVE LANDACRE PAMELA 924ADAAVE MUSKEGON Ml $530.00
24-250-000-0068-00 930 ADA AVE JOHNSON JEREMIAH J 930ADAAVE MUSKEGON Ml $742.00
24-250-000-0069-00 934 ADA AVE POTTER MARIE E 934ADAAVE MUSKEGON Ml $636.00
24-250-000-0070-00 942 ADA AVE GENTER FAMILY LIVING TRUST 1915 FRANCIS AVE MUSKEGON Ml $1,049.40
24-250-000-0071-00 948 ADA AVE KILGORE LEONA M 948 ADA AVE MUSKEGON Ml $397.50
24-250-000-0073-00 966 ADA AVE INGRAM SONYA L 966 ADA AVE MUSKEGON Ml $132.50
24-250-000-0076-00 984 ADA AVE BECKER JOHN/DANETTE 984 ADA AVE MUSKEGON Ml $1,802.00
24-250-000-0078-00 990 ADA AVE DODGE WILLIAM F 990ADAAVE MUSKEGON Ml $397.50
24-250-000-0134-00 829 ADA AVE DOUBLES GEORGE 1351 MARIANNE AVE MUSKEGON Ml $265.00
24-250-000-0132-00 839 ADA AVE !KENS Y/MEDENDORP S/BLAKE 318 HOUSTON AVE MUSKEGON Ml $132.50
24-250-000-0131-00 845 ADA AVE MEANS DANEE E 2109 JARMAN MUSKEGON H Ml $132.50
24-851-003-0001-00 1210 ALLEN AVE COBB FRANK/EDMONSON/TRO 801 MILLS MUSKEGON Ml $265.00
24-850-002-0006-00 1260 ALLEN AVE PERRY CONNIE L 1260 ALLEN AVE MUSKEGON Ml $148.40
24-785-000-0027 -00 1316 ALLEN AVE ODNEAL ROBERT 1316 ALLEN AVE MUSKEGON Ml $265.00
24-785-00Q-0023-00 1340. ALLEN AVE MAJOR DEBR.A A 1340 ALLEN MUSKEGON Ml $422.21
24-850-001-0012-00 1297 ALLEN AVE PEREZ AGAPITO 1297 ALLEN MUSKEGON Ml $530.00
24-785-000-0002-00 1315 ALLEN AVE DENGLER ESTHER A/ET AL 1315 ALLEN AVE MUSKEGON Ml $132.50
Page
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
"24-785-000-0005-00 1345 ALLEN AVE MOORE INVESTMENT PROPER PO 5377 MUSKEGON Ml $283.55
24-785-000-0008-00 1351 ALLEN AVE PALMER MARION 1351 ALLEN AVE MUSKEGON Ml $132.50
24-121-300-0183-00 1186 ALLEN AVE ROSEARDIE C 484 MCLAUGHIN AVE MUSKEGON Ml $588.30
24-121-300-0178-00 1148 ALLEN AVE DAKE JOSEPH 1148 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0177-00 1132 ALLEN AVE FLEET MORTGAGE CORP 11200 W PARKLAND AVE MILWAUKEE WI $636.00
24-121-300-0186-00 1131 ALLEN AVE CUNNINGHAM LAWAUN 1131 ALLEN AVE MUSKEGON Ml $705.76
24-121-300-0188-00 1145 ALLEN AVE TILLEMA GLEN A 2044 S WALKER RD MUSKEGON Ml $874.50
24-121-300-0190-00 1155 ALLEN AVE JORDAN MYRTLE H 1153 ALLEN AVE MUSKEGON Ml $397.50
24-121-300-0144-00 849 ALLEN AVE TRAYLOR LINDA C 849 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0143-00 845 ALLEN AVE COLLIE ALLEN J 845 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0128-00 830 ALLEN AVE WHITE GARY JR 830 ALLEN AVE MUSKEGON Ml $265.00
24-121-300-0129-00 838 ALLEN AVE ERICKSON AUDREY 1949 RIEGLER RD MUSKEGON Ml $121.63
24-121-300-0132-00 868 ALLEN AVE COACH MATILDA 868 ALLEN AVE MUSKEGON Ml $516.75
24-142-000-0051-00 1085 ALLEN AVE THOMAS HOLMAN/MAY DELL 1085 ALLEN AVE MUSKEGON Ml $879.80
24-142-000-0042-00 1015 ALLEN AVE BANK OF NEW YORK 101 BARCLAY ST NEW YORK NY $241.15
24-142-000-0040-00 1003 ALLEN AVE JOHNSON LATESHA 1003 ALLEN AVE MUSKEGON Ml $267.65
24-142-000-0030-00 982 ALLEN AVE BROWN IDELLIA 982 ALLEN AVE MUSKEGON Ml $552.06
24-142-000-0023-00 1044 ALLEN AVE IVORY BETTY 1044 ALLEN AVE MUSKEGON Ml $132.50
24-142-000-0021-00 1060 ALLEN AVE DAVIS WENDY/BETTS RASHON 1060 ALLEN AVE MUSKEGON Ml $132.50
24-142-000-0017-00 1084 ALLEN AVE MUSKEGON CONQUERING FAI 1084 ALLEN AVE MUSKEGON Ml $1,231.30
24-142-000-0006-00 999 AMITY CITY OF MUSKEGON 933 TERRACE MUSKEGON Ml $265.00
24-121-400-0005-00 1248 AMITY AVE BLACKMON PATRICIA 1248 AMITY AVE MUSKEGON Ml $265.00
24-121-400-0006-00 1270 AMITY AVE NEUMANN RICHARD 552 E BARD RD MUSKEGON Ml $530.00
24-121-400-0007-00 1280 AMITY AVE HILL LINDAA 1280 AMITY AVE MUSKEGON Ml $613.48
24-850-002-0012-00 1291 AMITY AVE COOPER ELI 5967 AIRLINE RD FRUITPORT Ml $132.50
24-785-000-0034-00 1359 AMITY AVE DOOLEY ARTHUR EARL 1359 AMITY AVE MUSKEGON Ml $397.50
24-785-000-0042-00 1397 AMITY AVE GILLIAM MARY A 1397 AMITY MUSKEGON Ml $265.00
24-121-300-0116-00 877 AMITY AVE ROBAR PAUL 1119 SOPHIA ST MUSKEGON Ml $530.00
24-121-300-0114-00 861. AMITY AVE RING LINDA L 861 AMITY AVE. MUSKEGON Ml $287.06
24-121-300-0067-00 824 AMITY AVE WYNN BOAZIE/GERALDINE 824AMITY AVE MUSKEGON Ml $1,099.75
24-121-300-0071-00 850 AMITY AVE ROSS ANNIE L TRUST 850 AMITY AVE MUSKEGON Ml $861.19
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL
TOTAL
TAXPAYER
'24-121-300-0072-00 858 AMITY AVE SMITH JOHN K PO BOX 1422 MUSKEGON Ml $132.50
24-121-300-0061-00 892 AMITY AVE SMITH GEORGE T 892 AMITY AVE MUSKEGON Ml $2,252.50
24-121-300-0073-00 904 AMITY AVE BRIGGS JACQUELINE MOFFET 904 AMITY AVE MUSKEGON Ml $1,104.12
24-121-300-007 4-00 918 AMITY AVE HIGLEY GERALD F 918AMITY AVE MUSKEGON Ml $795.00
24-121-300-0076-00 934 AMITY AVE WILSON VINDA 934 AMITY AVE MUSKEGON Ml $265.00
24-142-000-0016-00 1093 AMITY AVE SUMLAR RANMERLEE 1093 AMITY AVE MUSKEGON Ml $265.00
24-142-000-0012-00 1051 AMITY AVE HUGHES PERRY 1051 AMITY AVE MUSKEGON Ml $132.50
24-142-000-0002-00 965 AMITY AVE BANKS GWENDOLYN 965 AMITY AVE MUSKEGON Ml $159.00
24-142-000-0001-00 961 AMITY AVE WALLACE CARL/NICOLE 961 AMITY AVE MUSKEGON Ml $583.00
24-121-300-0092-00 966 AMITY AVE JACOBS BARBARA 966 AMITY AVE MUSKEGON Ml $927.50
24-121-300-0093-00 982 AMITY AVE DAVIS DELORES 3125 8TH ST MUSKEGON H Ml $415.12
24-121-300-0100-00 1048 AMITY AVE AUSTIN TONY S 1048 AMITY AVE MUSKEGON Ml $287.06
24-121-300-0105-00 1094 AMITY AVE BEACH ASHEL T/ESMERALDA 1094 AMITY AVE MUSKEGON Ml $481.39
24-121-300-0164-00 1111 AMITY AVE DAVIS LAWRENCE JR 1111 AMITY AVE MUSKEGON Ml $132.50
24-121-300-0165-00 1123 AMITY AVE LEGERT TAYLOR/WILLIE MAE T 1123 AMITY AVE MUSKEGON Ml $135.15
24-121-300-0168-00 1143 AMITY AVE SUHR BLANCHE J/MARILYN J 1143AMITYAVE MUSKEGON Ml $122.76
24-680-000-0081-00 1301 APPLE BUNTY INC 1301 E APPLE MUSKEGON Ml $3,204.60
24-121-400-0025-00 1216 APPLE AVE POSTEMA MAX 1216 E APPLE AVE MUSKEGON Ml $662.50
24-850-001-0006-00 1258 APPLEAVE . TEMPLE HARRY 1258 E APPLE AVE MUSKEGON Ml $397.50
24-850-001-0002-00 1280 APPLE AVE DIPLEY ROSE 1280 E APPLE AVE MUSKEGON Ml $132.50
24-850-001-0001-00 1294 APPLE AVE MCBRIDE ROBERT/WALKER NI 1294 E APPLE AVE MUSKEGON Ml $132.50
24-121-400-0027-00 1314 APPLE AVE APPLE INVESTORS LLC 1314 E APPLE AVE MUSKEGON Ml $686.35
24-121-400-0028-00 1328 APPLE AVE S L PROPERTIES 1314 E APPLE AVE MUSKEGON Ml $397.50
24-121-400-0034-00 1392 APPLE AVE VANSOLKEMA DAVID/MARY 4360 HACKLEY POINT LN MUSKEGON Ml $323.30
24-121-400-0035-00 1414 APPLE AVE WMCR CORPORATION PO BOX456 ALPENA Ml $1,457.50
24-730-000-0169-00 1436 APPLE AVE B K MUSKEGON PROPERTIES 4220 EDISON LAKES PKWY MISHAWAKA IN $397.50
24-121 °300-0202-00 1176 APPLE AVE SCOTT JOYCE A 1176 E APPLE AVE MUSKEGON Ml $530.00
24-121-300-0200-00 1162 APPLE AVE MITCHELL JOHN 1162 E APPLE AVE MUSKEGON Ml $397.50
24-121-300-0197-00 1130 APPLE AVE JAMESON MARY E 1130 E APPLE AVE MUSKEGON . Ml $132.50
24-121-300-0157-00 868 APPLE AVE TIMMER J SCOTT 301 E CIRCLE DR N MUSKEGON Ml $132.50
24-121-300-0161-00 908 APPLE AVE FRALY CRAIG/HOWE D 908 E APPLE AVE MUSKEGON Ml $132.50
Page
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL
TAXPAYER TOTAL
"24-121-300-0151-00 920 APPLE AVE HITTLE JAMES J 1321 KINGSLEY ST MUSKEGON Ml $132.50
24-121-300-0163-00 938 APPLE AVE MCEACHEN JAMES/BONITA 1439 EAST ST MUSKEGON Ml $265.00
24-128-200-0010-00 1333 APPLE AVE PRIMAX PROPERTIES LLC 1115 E MOREHEAD ST CHARLOTTE NC $3,733.62
24-142-000-0053-00 1090 APPLE AVE TOKARCZYK DANA 1090 E APPLE AVE MUSKEGON Ml $265.00
24-121-300-0198-00 1150 APPLE AVE BAKER MICHAEL D 1150 EAPPLEAVE MUSKEGON Ml $132.50
24-680-000-0003-00 1279 APPLE AVE BLOCKBUSTER VIDEO PO BOX 8009 MCKINNEY TX $1,120.95
24-128-200-0009-00 1317 APPLE AVE PUTHOFF C RICHARD 13 HARTFORD AVE PO BOX 8 MUSKEGON Ml $2,831.75
24-226-000-0033-00 1395 APPLE AVE BESSINGER ROLAND H 15460 WISTERIA LN SPRING LAKE Ml $3,074.00
24-390-001-0003-00 1111 APPLE AVE MATTHEWS CAROLYN 1111 E APPLE AVE MUSKEGON Ml $662.50
24-250-000-0029-00 941 APPLE AVE ZUZELSKI GREGORY A 941 E APPLE AVE MUSKEGON Ml $817.06
24-250-000-0035-00 917 APPLE AVE SPANN SAMONE/BENN 917 E APPLE AVE MUSKEGON Ml $397.50
24-250-000-0038-00 897 APPLE AVE FRIES DONALD E 486 HILL AVE GLEN ELLYN IL $927.50
24-680-000-0057-00 1162 BURTON RD BAYLE TRICIA L 1330 5TH ST MUSKEGON Ml $132.50
24-680-000-0079-00 1036 BURTON RD PUTHOFF C RICHARD/SHARON 1400 LAKE SHORE CT MUSKEGON Ml $1,468.10
24-685-011-0001-00 1254 CALVIN AVE BELLAH JOSEPH M 1254 CALVIN AVE MUSKEGON Ml $397.50
24-475-000-0002-00 1427 CALVIN AVE BURR CHARLENE 1427 CALVIN AVE MUSKEGON Ml $530.00
24-475-000-0006-00 1475 CALVIN AVE CHAPMAN AHMED J 1475 CALVIN AVE MUSKEGON Ml $530.00
24-750-000-0039-00 1337 CALVIN AVE LYNK PAMELA D 1337 CALVIN AVE MUSKEGON Ml $265.00
24-685-010-0003-00 1200 CALVIN AVE SORENSON ORVILLE 1200 CALVIN AVE MUSKEGON Ml $132.50
24-128-100-0041-00 1125 CALVIN AVE BOOKER SAMUEL JR 1125 CALVIN AVE MUSKEGON Ml $397.50
24-128-100-0043-00 1145 CALVIN AVE 0 CONNELL RICHARD 1145 CALVIN AVE MUSKEGON Ml $1,489.30
24-128-100-0044-00 1155 CALVIN AVE OLSEN WILLIAM JR 1155 CALVIN AVE MUSKEGON Ml $1,510.50
24-685-009-0018-00 1185 CALVIN AVE RAFFERTY STEVEN F/NANCY K 1185 CALVIN AVE MUSKEGON Ml $132.50
24-190-004-0012-00 1094 CALVIN AVE VANDERSTELT MAURICE V 1094 CALVIN AVE MUSKEGON Ml $84.80
24-190-003-0025-00 1051 CALVIN AVE JOHNSON GERALD R 1051 CALVIN AVE MUSKEGON Ml $222.60
24-680-000-0039-00 1265 CATHERINE AVE B BOLEMA REAL ESTATE ONE L 4450 WEBER RD WHITEHALL Ml $132.50
24-680-000-0033-00 1270 CATHERINE AVE QUINTERO MIGUEUNANCY 1270 CATHERINE AVE MUSKEGON Ml $132.50
24-680-000-0031-00 1286 CATHERINE AVE BERRY ANTHONY/SINGLETON 1286 CATHERINE AVE MUSKEGON Ml $132.50
24-680-000-0059-00 1312 CATHERINE AVE RADEMAKER EVA M 1312 CATHERINE AVE MUSKEGON Ml $265:oo
24-680-000-0062-00 1318 CATHERINE AVE SMITH LEONA 1318 CATHERINE AVE MUSKEGON Ml $397.50
24-251-000-0246-00 878 CATHERINE AVE MERRICK DOROTHY V 878 CATHERINE AVE MUSKEGON Ml $411.49
11 /06/02
PARCEL
AMENDED SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
I24-251-000-0247-00 872 CATHERINE AVE BUCKNER DIAN L 872 CATHERINE AVE MUSKEGON Ml $259.70
24-251-000-0249-00 860 CATHERINE AVE SHAW WILLIAM D 860 CATHERINE AVE MUSKEGON Ml $1,007.00
24-251-000-0228-00 996 CATHERINE AVE MOORE JOHN K 996 CATHERINE AVE MUSKEGON Ml $132.50
24-251-000-0229-00 992 CATHERINE AVE HINTON ALAN LOUIS JR 992 CATHERINE AVE MUSKEGON Ml $371.00
24-251-000-0230-00 986 CATHERINE AVE WATERMAN NANCY E 986 CATHERINE AVE MUSKEGON Ml $132.50
24-251-000-0233-00 972 CATHERINE AVE GALBERT BEN 972 CATHERINE AVE MUSKEGON Ml $662.50
24-251-000-0235-00 954 CATHERINE AVE JOHNSON SARAH/CLAUDIA 954 CATHERINE AVE MUSKEGON Ml $530.00
24-251-000-0238-00 936 CATHERINE AVE BARNES ERICA S 936 CATHERINE AVE MUSKEGON Ml $662.50
24-251-000-0239-00 930 CATHERINE AVE UNITED STATES OF AMERICA 1755 SOUTH MITCHELL ST CADILLAC Ml $132.50
24-430-000-0001-00 915 CATHERINE AVE KNOLLINGER DONA J 2701 HUIZENGA ST LOT 54 MUSKEGON Ml $397.50
24-430-000-0003-00 929 CATHERINE AVE GOINS AYLIA 929 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0005-00 943 CATHERINE AVE VANHOESEN LAURA D 943 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0006-00 951 CATHERINE AVE BARNES SHAWNDRA 951 CATHERINE AVE MUSKEGON Ml $795.00
24-430-000-0007-00 957 CATHERINE AVE REDDING CELIA A 2580 E ELLIS RD MUSKEGON Ml $132.50
24-430-000-0011-00 987 CATHERINE AVE FONGERS ROBERT 987 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0012-00 995 CATHERINE AVE BUFFEY TIMOTHY J 995 CATHERINE AVE MUSKEGON Ml $265.00
24-430-000-0013-00 1001 CATHERINE AVE ESTEPP SHERYL 1001 CATHERINE AVE MUSKEGON Ml $132.50
24-430-000-0014-00 1011 CATHERINE AVE PERSONS GLEN/KELLY 1011 CATHERINE AVE MUSKEGON Ml $397.50
24-750-000-0176-00 1461 CRESTON ST GRAYER GEORGE L 1461 CRESTON ST MUSKEGON Ml $397.50
24-750-000-0180-00 1481 CRESTON ST HEJKA HELEN 1481 CRESTON ST MUSKEGON Ml $662.50
24-4 75-000-0080-00 1516 CRESTON ST BELMONTE FRANK 1516 CRESTON ST MUSKEGON Ml $265.00
24-4 75-000-0091-00 1380 CRESTON ST PIATT ALAN 1380 CRESTON ST MUSKEGON Ml $265.00
24-4 75-000-0093-00 1354 CRESTON ST HAMMERLE CLINT F 1354 CRESTON ST MUSKEGON Ml $132.50
24-4 75-000-0094-00 1344 CRESTON ST BOLEMA LUMBER & SUPPLY 1230 E LAKETON AVE MUSKEGON Ml $132.50
24-750-000-0081-00 1325 CRESTON ST NGUYEN NGA T 1325 CRESTON ST MUSKEGON Ml $265.00
24-128-200-0011-00 1367 E APPLE TRIDONN DEVELPOMENT 1838 RUDDIMAN MUSKEGON Ml $4,531.50
24-121-400-0037 -00 1490 EAPPLE R& EMC ELROY PO BOX 802206 DALLAS TX $863.88
24-250-000-0035-10 1020 EASTGATE ST ROMANELLI LARRY B 1020 EASTGATE ST MUSKEGON Ml $204.05
24-475-000-0071-00 149;) EASTWOOD DR COURTNEY R J 1_499 EASTWOOD DR MUSKEGON Ml $1,192.50
24-475-000-0027-00 1500 EASTWOOD DR DILL RANDALL E/PAMELA J 1500 EASTWOOD DR MUSKEGON Ml $1,192.50
24-475-000-0052-00 1301 EASTWOOD DR LANDINGHAM WILLIAM F ETUX 1301 EASTWOOD DR MUSKEGON Ml $530.00
11 /06/02
PARCEL
AMENDED SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
"24-475-000-0053-00 1321 EASTWOOD DR BLACKSHIRE KEITH 1321 EASTWOOD DR MUSKEGON Ml $530.00
24-4 75-000-0038-00 1360 EASTWOOD DR JOHNSON TROY C 1360 EASTWOOD DR MUSKEGON Ml $397.50
24-4 75-000-0040-00 1334 EASTWOOD DR MOORE ROBERT R 1334 EASTWOOD DR MUSKEGON Ml $795.00
24-475-000-0044-00 1290 EASTWOOD DR WILLIAMS MARFAYE 1300 EASTWOOD DR MUSKEGON Ml $662.50
24-685-001-0007-20 1226 EVANSTON AVE MCDONALD JUDITH A 1226 EVANSTON AVE MUSKEGON Ml $556.50
24-685-002-0001-10 1250 EVANSTON AVE AVANT MILDRED S TRUST 1250 EVANSTON AVE MUSKEGON Ml $159.00
24-750-000-0197-00 1332 EVANSTON AVE DAHLMAN DOUGLAS/DAWN 1332 EVANSTON AVE MUSKEGON Ml $795.00
24-750-000-0191-00 1300 EVANSTON AVE LYONS LORETTA 1300 EVANSTON AVE MUSKEGON Ml $795.00
24-750-000-0203-00 1376 EVANSTON AVE WILCOX RONALD L 1376 EVANSTON AVE MUSKEGON Ml $265.00
24-750-000-0199-00 1356 EVANSTON AVE PUTNAM DAVID W 1356 EVANSTON MUSKEGON Ml $397.50
24-4 75-000-0078-00 1440 EVANSTON AVE MAHN BRUCE A/CHARLOTTE 1440 EVANSTON AVE MUSKEGON Ml $1,192.50
24-128-100-0013-00 984 EVANSTON AVE SCHUITEMA PETER F 984 EVANSTON AVE MUSKEGON Ml $132.50
24-190-001-0002-00 1096 EVANSTON AVE 2001 C/W 24-190-001-0001-00 PO BOX536 MUSKEGON Ml $2,816.95
24-850-002-0001-00 941 EVART ST MORRIS NATHANIEL 941 EVART ST MUSKEGON Ml $132.50
24-685-003-0003-00 1260 FLOWER AVE FORESTER MARK/KAREN 1260 FLOWER AVE MUSKEGON Ml $190.80
24-685-003-0005-00 1270 FLOWER AVE TICE LOIS K 1270 FLOWER AVE MUSKEGON Ml $13144
24-685-003-0007-00 1282 FLOWER AVE RAWDON ALBERT JR 1282 FLOWER MUSKEGON Ml $494.65
24-750-000-0157-00 1318 FLOWER AVE BULTHOUSE LUCILLE 3675 NORTON HILLS MUSKEGON Ml $1,192.50
24-750-000-0155-00 1326 FLOWER AVE SINGLETON JAMES L 3925 E APPLE MUSKEGON Ml $583.00
24-750-000-0149-00 1366 FLOWER AVE SI PERLY PAULINE 1366 FLOWER AVE MUSKEGON Ml $265.00
24-750-000-0145-00 1392 FLOWER AVE HEIKKINEN HAROLD 1392 FLOWER MUSKEGON Ml $927.50
24-750-000-0163-00 1309 FLOWER AVE BURR JACKLYN K 1309 FLOWER AVE MUSKEGON Ml $132.50
24-750-000-0165-00 1315 FLOWER AVE BULLERMAN NEIL J 1315 FLOWER AVE MUSKEGON Ml $397.50
24-750-000-0169-00 1357 FLOWER AVE SMITH DANIEL W/REBECCA S 1367 FLOWER AVE MUSKEGON Ml $397.50
24-750-000-0174-00 1387 FLOWER AVE . 2001 C/W24-750-000-0173-00 1387 FLOWER AVE MUSKEGON Ml $397.50
24-685-006-0014-00 1213 FRANCES AVE MESSER CHARLES 1213 FRANCES AVE MUSKEGON Ml $132.50
24-685-007-0008-00 1285 FRANCES AVE POST JEFFREY P 1285 FRANCES AVE MUSKEGON Ml $265.00
24-685-007-0012-00 1261 FRANCES AVE REDMON GARY 1261 FRANCES AVE MUSKEGON Ml $882.50
24-685-009-0004-00 1208 FRANCES AVE KECK LESLIE C 1208 FRANCES AVE MUSKEGON . Ml $132.50
24-685-009-0008-00 1232 FRANCES AVE VANDAM ELDRED 1232 FRANCES AVE MUSKEGON Ml $132.50
24-750-000-0079-00 1391 FRANCES AVE BREWER PAULE/DEBBIE L 1391 FRANCES AVE MUSKEGON Ml $795.00
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
I24-750-000-0057-00 1346 FRANCES AVE STINSON PATRICIA A 1346 FRANCES MUSKEGON Ml $530.00
24-128-100-0051-00 1172 FRANCES AVE VEIHL SABRINA 1172 FRANCES AVE MUSKEGON Ml $5,013.80
24-685-006-0016-00 1201 FRANCES AVE MEYERS CARRIE 1201 FRANCES AVE MUSKEGON Ml $132.50
24-685-001-0007 -10 1415 GARDEN AVE RODRIGUEZ WILLIAM 1415 GARDEN AVE MUSKEGON Ml $190.80
24-121-300-0040-00 840 GETTY ST BABCOCK CHERYLL 840 GETTY ST MUSKEGON Ml $132.50
24-250-000-0143-00 1096 GETTY ST EVANS DARLENE 2116 APPLE AVE. MUSKEGON Ml $795.00
24-250-000-0137-00 1072 GETTY ST STEINBACH JOHN/MARY 18364 174TH SPRING LAKE Ml $339.20
24-251-000-0192-00 1122 GETTY ST VANDERMOLEN JAMES A REV 1122 GETTY ST MUSKEGON Ml $132.50
24-160-000-0027 -00 1180 GETTY ST PHILADELPHIA MISSIONARY BA 845 CATHERINE AVE MUSKEGON Ml $530.00
24-390-004-0004-00 1132 GREEN ST WEBB ALVIN/TRACIE 1132 GREEN ST MUSKEGON Ml $265.00
24-390-004-0002-00 1112 GREEN ST PATRICIO GREGORY J/TAMMY 1112 GREEN ST MUSKEGON Ml $132.50
24-128-1 00-0003-00 1027 GREEN ST TOWNSEND REUBEN 1027 GREEN ST MUSKEGON Ml $132.50
24-128-100-0004-00 1049 GREEN ST SANDIFER OLLIE L 1049 GREEN ST MUSKEGON Ml $397.50
24-390-001-0017-00 1057 GREEN ST VANDERMOLEN HARRIET 1057 GREEN ST MUSKEGON Ml $132.50
24-685-004-0002-00 1254 HOWARD ARNOLDI JOHN/KATHY 1070 CADILLAC MUSKEGON Ml $530.00
24-685-003-0008-00 1283 HOWARD AVE CARR VICTORIA H 1283 HOWARD AVE MUSKEGON Ml $397.50
24-750-000-0129-00 1305 HOWARD AVE VEEN CLARENCE ET AL 1305 HOWARD AVE MUSKEGON Ml $530.00
24-750-000-0143-00 1391 HOWARD AVE MYERS MAXE 1391 HOWARD AVE MUSKEGON Ml $265.00
24-685-005-0003-00 1206 HOWARD AVE WILLIAMSON WILLIAM Ill 1206 HOWARD AVE MUSKEGON Ml $132.50
24-685-005-0005-00 1210 HOWARD AVE ADAMS ERIC D 1210 HOWARD AVE MUSKEGON Ml $795.00
24-685-005-0007-00 1224 HOWARD AVE TUCKER IDA ROBINSON 1244 HOWARD AVE MUSKEGON Ml $265.00
24-685-005-0008-00 1236 HOWARD AVE KELLY KIMBERLY ANN 1236 HOWARD AVE MUSKEGON Ml $265.00
24-685-004-0006-00 1280 HOWARD AVE SCHOENMAKER MARTIN W 1280 HOWARD AVE MUSKEGON Ml $265.00
24-750-000-0127-00 1306 HOWARD AVE MURDZIAALLAN D 1306 HOWARD AVE MUSKEGON Ml $132.50
24-750-000-0113-00 1390 HOWARD AVE FERRIS RICHARD 1390 HOWARD AVE MUSKEGON Ml $132.50
24-685-005-0002-00 1192 HOWARD AVE MCKINLEY JEANETTE 1192 HOWARD AVE MUSKEGON Ml $132.50
24-128-200-0006-00 1236 !SABELLA AVE MOORE JOHNNY 1236 E ISABELLAAVE MUSKEGON Ml $265.00
24-128-200-0007 -00 1240 !SABELLA AVE VAUTERS WILLIAM T 1240 E !SABELLA AVE MUSKEGON Ml $132.50
24-680-000-00.23-00 1260 ISABELLA AVE TERRELL ESTHER 1260 E !SABELLA AVE MUSKEGON Ml $397.50
24-225-000-0010-00 1354 ISABELLAAVE VANBEMMELEN JAMES A 1354 E !SABELLA AVE MUSKEGON Ml $397.50
24-250-000-0182-00 1074 ISABELLAAVE HANNON MICHELLE 1074 E ISABELLAAVE MUSKEGON Ml $369.41
Page
11 /06/02
PARCEL
AMENDED SPECIAL ASSESSMENT ROLL
@
TAXPAYER TOTAL
I
24-250-000-017 4-00 1024 ISABELLAAVE WEVER JAMES E 1024 E ISABELLAAVE MUSKEGON Ml $265.00
24-250-000-0159-00 924 !SABELLA AVE WALLACE KAREN ET AL 1417WARNER WHITEHALL Ml $1,325.00
24-250-000-0161-00 936 !SABELLA AVE BROUGHMAN AARON J 936 E !SABELLA AVE MUSKEGON Ml $1,022.90
24-250-000-0163-00 950 !SABELLA AVE MACK RONALD JR 950 E ISABELLAAVE MUSKEGON Ml $230.55
24-250-000-0164-00 956 !SABELLA AVE WACKERLE MARC 4922 MCARTHUR RD MUSKEGON Ml $132.50
24-250-000-0167-00 972 !SABELLA AVE BRIDGES GREG 972 E ISABELLAAVE MUSKEGON Ml $151.05
24-250-000-0168-00 984 !SABELLA AVE GOODEN THERESA A 984 E ISABELLAAVE MUSKEGON Ml $265.00
24-250-000-0173-00 1008 !SABELLA AVE PASTOR CHAD 1008 E ISABELLAAVE MUSKEGON Ml $768.50
24-250-000-0151-00 866 !SABELLA AVE BEENE EUGENE 866 E ISABELLAAVE MUSKEGON Ml $132.50
24-250-000-0149-00 852 !SABELLA AVE BRININSTOOL JERRY 1819 BELMONT DR MUSKEGON Ml $132.50
24-250-000-0146-00 834 !SABELLA AVE JACOBS PROPERTY INVESTME 1701 W SHERMAN BLVD STE MUSKEGON Ml $530.00
24-251-000-0200-00 843 !SABELLA AVE NESBITT BARBARA ANN 843 E ISABELLAAVE MUSKEGON Ml $397.50
24-251-000-0203-00 863 ISABELLA AVE WATKINS EWELL/DELORES/MO 863 E !SABELLA AVE MUSKEGON Ml $265.00
24-251-000-0204-00 871 !SABELLA AVE WADE JAMES/MICHELLE 1337 SUMAC ST MUSKEGON Ml $662.50
24-251-000-0213-00 937 !SABELLA AVE BLACK PAMELO J 1193 RANSOM ST MUSKEGON Ml $265.00
24-251-000-0214-00 943 !SABELLA AVE MARLOW JUANITA L 943 E !SABELLA AVE MUSKEGON Ml $397.50
24-251-000-0224-00 1007 !SABELLA AVE MITCHELL MARIA 1007 E ISABELLAAVE MUSKEGON Ml $397.50
24-685-005-0010-00 1237 LANGELAND AV MUTTART ROBERT JR 1237 LANGELAND AVE MUSKEGON Ml $106.00
24-685-006-0006-00 1220 LANGELAND AV CITY OF MUSKEGON 933 TERRACE ST MUSKEGON Ml $500.85
24-685-006-0007-00 1226 LANGELAND AV PATRICIO DOMINIC/SUSAN 1226 LANGELAND AVE MUSKEGON Ml $235.85
24-685-007 -0005-00 1274 LANGELAND AV JDR PROPERTIES LLC PO BOX 145 FRUITPORT Ml $265.00
24-685-007-0006-00 1280 LANGELAND AV WALKER ROGER L 1260 KENNETH MUSKEGON Ml $132.50
24-685-007-0007 -00 1288 LANGELAND AV SPENCER DONALD 1288 LANGELAND AVE MUSKEGON Ml $265.00
24-750-000-0096-00 1300 LANGELAND AV FRANKLIN SHARRON B 1300 LANGELAND AVE MUSKEGON Ml $397.50
24~750-000-0088-00 1348 LANGELAND AV MCFAYDEN GEORGE/BRIMMER 1348 LANGELAND AVE MUSKEGON Ml $265.00
24-685-006-0001-00 1188 LANGELAND AV BRASPENNING SUSIE M 1188 LANGELAND AVE MUSKEGON Ml $291.50
24-190-002-0008-00 1070 LANGELAND AV DEUELL MICHAEL 1306 CARDINAL CIRCLE N MUSKEGON Ml $132.50
24-190-002-0004-00 1052 LANGELAND AV STORDAHL GREGG M 1052 LANGELAND MUSKEGON Ml $132.50
24-350-000-0013-00 1391 MADISON ST CRUMMEL WARD H 1391 MADISON ST MUSKEGON Ml $1,478.70
24-350-000-0014-00 1405 MADISON ST CRAIN MATTHEWO 1405 MADISON ST MUSKEGON Ml $1,380.65
24-250-000-0010-10 1024 MADISON ST FISHER DAVID/KATHY 1024 MADISON ST MUSKEGON Ml $198.75
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL TOTAL
TAXPAYER
"24-190-005-0001-00 1200 MADISON ST LEWIS JOE 1200 MADISON ST MUSKEGON Ml $2,159.75
24-190-002-0030-00 1320 MADISON ST HOPKINS JUSTINA 1320 MADISON ST MUSKEGON Ml $265.00
24-685-011-0012-00 1259 MCLAUGHLIN A HAYNES DELAWRENCE 1259 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-680-000-0051-00 1312 MCLAUGHLIN A SCHUTTER RUSSELL T 1312 MCLAUGHLIN AVE MUSKEGON Ml $291.50
24-750-000-0014-00 1385 MCLAUGHLIN A MEADOWS LESLEY R 1385 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-750-000-0010-00 1361 MCLAUGHLIN A PHIPPS CHARON C REV TRUST 1361 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-190-005-0004-00 1044 MCLAUGHLIN A ALDERINK MELINDA K 1044 MCLAUGHLIN AVE MUSKEGON Ml $365.70
24-190-005-0005-00 1050 MCLAUGHLIN A STONE REX/RHONDA 1050 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-128-100-0031-00 1153 MCLAUGHLIN A MERCER GREG 1153 MCLAUGHLIN AVE MUSKEGON Ml $132.50
24-190-004-0030-00 1027 MCLAUGHLIN A BANKERS TRUST CO OF CALIF 800 RIDGEVIEW DR 2ND FLR HORSHAM PA $530.00
24-190-004-0025-00 1059 MCLAUGHLIN A KRACHT JAMES E 1059 MCLAUGHLIN AVE MUSKEGON Ml $265.00
24-190-004-0020-00 1081 MCLAUGHLIN A RUUD CINDY 1081 MCLAUGHLIN AVE MUSKEGON Ml $662.50
24-190-004-0016-00 1111 MCLAUGHLIN A VEST RUSSELL JR 1111 MCLAUGHLIN MUSKEGON Ml $257.05
24-121-300-0036-00 921 OAK AVE RILEY TIMOTHY F/PIPKINS TAMI 921 OAK AVE MUSKEGON Ml $132.50
24-121-300-0029-00 861 OAK AVE GARDNER JOHN JR 861 OAK AVE MUSKEGON Ml $662.50
24-121-300-0009-00 866 OAK AVE CARTER NORMAN/BERTHA 866 OAK AVE MUSKEGON Ml $172.25
24-121-300-0012-00 886 OAK AVE SINGLETON LIGHTLE CORP 3925 APPLE AVE MUSKEGON Ml $1,047.81
24-121-300-0013-00 896 OAK AVE STEGALL LORI M 896 OAK AVE MUSKEGON Ml $397.50
24-121-300-0011-00 914 OAK AVE MOORE INVESTMENT PROPS PO BOX 5377 MUSKEGON Ml $397.50
24-121-300-0014-00 920 OAK AVE JACKSON JULIA M 920 OAK AVE MUSKEGON Ml $309.12
24-121-300-0015-00 926 OAK AVE MATTSON BRIAN/SHELLY 15400 COMSTOCK GRAND HAVE Ml $265.00
24-121-300-0018-00 946 OAK AVE BAILEY JIMMIE R 946 OAK AVE MUSKEGON Ml $866.97
24-121-300-0085-00 1007 OAK AVE CONSUMERS ENERGY 4000 CLAY AVE SW PO BOX 2 GRAND RAPID Ml $1,060.00
24-121-300-0080-00 987 OAK AVE CRAIN REBAL 987 OAK ST MUSKEGON Ml $710.20
24-390-001-0004-00 1030 OAKGROVEST BRATSBURG CORI/MITCHELL F 1030 OAKGROVE ST MUSKEGON Ml $450.50
24-390-001-0012-00 1086 OAKGROVEST HOLCOMB JUNE A 1086 OAKGROVE ST MUSKEGON Ml $405.45
24-128-100-0028-00 1212 OAKGROVEST MCMILLEN ANN M 1212 OAKGROVE ST MUSKEGON Ml $662.50
24-128-100-004 7 -00 1280 OAKGROVEST SOKOLOWSKI/BOLLES 1280 OAKGROVE ST MUSKEGON Ml $1,566.15
24-128-100-0066-00. 1350 OAKGROVEST SHYNE JOHN A 1350 OAKGROVE ST MUSKEGON Ml $1,987.50
24-121-300-0063-00 915 ORCHARD AVE LEE ENOUS/LEE LINWOOD 915 ORCHARD AVE MUSKEGON Ml $132.50
24-121-300-0046-00 872 ORCHARD AVE LESTER CLANCIE 872 ORCHARD AVE MUSKEGON Ml $154.56
11 /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL
TAXPAYER TOTAL
I24-121-300-0048-00 886 ORCHARD AVE BROWN CHARLES D 886 ORCHARD AVE MUSKEGON Ml $265.00
24-121-300-0050-00 908 ORCHARD AVE GILBERT FAY R 908 ORCHARD AVE MUSKEGON Ml $1,104.12
24-121-300-0051-00 922 ORCHARD AVE WILKINS GAIL L 922 ORCHARD AVE MUSKEGON Ml $132.50
24-121-300-0053-00 940 ORCHARD AVE MCKENZIE ELIZABETH W 940 ORCHARD AVE MUSKEGON Ml $132.50
24-850-001-0007-00 954 PLYMOUTH ST TEMPLE HARRY E 1258 E APPLE MUSKEGON Ml $530.00
24-390-002-0023-00 1035 ROBERTS ST LALONDE LAURIE 1035 ROBERTS ST MUSKEGON Ml $265.00
24-390-002-0021-00 1051 ROBERTS ST HOFFMAN HERMAN 1051 ROBERTS ST MUSKEGON Ml $132.50
24-128-100-0045-00 1255 ROBERTS ST HUDSON HERMAN A 1255 ROBERTS ST MUSKEGON Ml $1,392.84
24-750-000-0186-00 1467 SAMBURTST BYRD CHARLES R 1467 SAMBURT ST MUSKEGON Ml $132.50
24-121-300-0124-00 921 STEVENS ST MOFFETT ISAAC JR 1500 N PETERSON RD MUSKEGON Ml $132.50
24-121-300-0066-00 873 STEVENS ST BRADFIELD LARRY D 873 STEVENS ST MUSKEGON Ml $132.50
24-121-300-0065-00 863 STEVENS ST VAZQUEZ CARLOS A/ET AL 15136 OAKLAND SPRING LAKE Ml $397.50
24-142-000-0032-00 940 STEVENS ST SIMS DORIS 940 STEVENS ST MUSKEGON Ml $341.85
24-121-300-0082-00 846 STEVENS ST BURT MAYLIA M 846 STEVENS ST MUSKEGON Ml $927.50
24-121-300-0087 -00 850 STEVENS ST FISHER GLORIA J ET AL 850 STEVENS ST MUSKEGON Ml $485.81
1 i /06/02
PARCEL @
AMENDED SPECIAL ASSESSMENT ROLL
TAXPAYER TOTAL
"24-121-300-0091-00 876 STEVENS ST BIBBS SUSIE A 876 STEVENS ST MUSKEGON Ml $132.50
GRAND TOTAL $153,787.70
BOARD OF ASSESSORS:
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11 /06/02
Date: November 12, 2002
To: Honorable Mayor and City Commissioners
From: Finance Director
RE: Water Rate Study
SUMMARY OF REQUEST: Although traditionally, the City has adjusted its utility
rates without the use of consultants, staff is recommending at this time retaining an outside
consultant to review water rates. There are three reasons for this: 1) substantial state-
mandated capital improvements will be necessary over the next few years and we want to
ensure the rate structure is adequate to fund these needs; 2) as the percentage of system
users outside of the city increases, we need to ensure that system costs are equitably
allocated and that city residents receive full benefit for the 100+ years of investment they
have made in the system; and, 3) recent court decisions have made it particularly important
to fully justify and document user fees changes. Previously the city has selected Tetra Tech
to perform the current system reliability study and to serve as design engineer for the
aforementioned water plant improvements. Based on their knowledge of our system and its
capital needs, we recommend this firm also be authorized to perform the water rate study.
FINANCIAL IMPACT: $10,900to be paid from the water fund.
BUDGET ACTION REQUIRED: None at this time. The cost of the study can be
absorbed within the current budget. The 2003 budget assumes adjustments are made to the
current water rates.
STAFF RECOMMENDATION: Approval of Tetra-Tech to perform the water rate
study for the city.
COMMITTEE RECOMMENDATION: There is no committee recommendation for
this item.
9/18/97
1'lETIRA 1'1EICl-il MPS
September 17, 2002
Mr. Timothy Paul
Finance Director
City of Muskegon
933 Terrace Street
Muskegon, MI 49443-0536
Re: Muskegon, Michigan
"SmartRate" Water Cost of Service Study
Dear Mr. Paul:
In response to your request, we at Tetra Tech MPS (TTMPS) are pleased to submit our
proposal to complete a Water Cost of Service Study for the City using our "SmartRate" linked
financial spreadsheet product.
INTRODUCTION
In order to comply with the intent of the December 1998 Michigan Supreme Court decision
Bolt v. City of Lansing, your Water Cost of Service Study should address the following
questions and recommend changes as necessary:
1. Is the current water rate methodology valid per the guidance given in "Bolt"?
2. Can the City revise the costs recovered by the Readiness-to-Serve and Commodity
charges?
3. If the City is considering State low interest drinking water funding for any of the capital
improvements included in the City's water reliability study, does the City contribute funds
to a dedicated water equipment replacement fund in compliance with Michigan
Department of Environmental Quality (MDEQ) User Charge System requirements?
4. What cash balance should the City consider maintaining in the water fund?
5. What leeway does "Bolt" give the City as far as building up funds for future water capital
projects?
710Avis Drive
Ann Arboc Ml 48108
Tel 734.665.6000 FJx 7J4.665.257C
Mr. Timothy Paul
September 17, 2002
Page 2 of 5
SCOPE OF SERVICES
We propose to perform the following tasks for the Muskegon Water Cost of Service Study:
Task 1: Project Start Meeting and Data Collection
We meet with City staff in Muskegon to review the City's goals and to confirm the schedule
for completing the Water Cost of Service Study. This meeting should last a maximum of two
hours. At this meeting we will determine the most expeditious way for the following data to
be collected:
• History of the City's water rates.
• Confirm the calculations and philosophy used to prepare the City's current water rates.
Review the report that developed the basis, if the report is available.
• Audited water operation and maintenance (O&M) and capital budgets for the last two
fiscal years.
• Audited water system revenues for the last two fiscal years.
• Water O&M and capital budgets for the upcoming fiscal year.
• List of major equipment items in the water production, treatment, storage and
distribution systems. The list should include the year the item was installed and the
cost of the item. The City's estimate of the remaining useful life of the equipment will
also be needed. Major equipment items include such things as:
• Pumps
• Chemical Feed Equipment
• Emergency Generators
• Vehicles
• Current water bond principal and interest repayment schedules.
• Proposed water bond principal and interest repayment schedules.
• Contributions to the water fund from sources other than water rates.
• Breakdown of Inside-City and Outside-City water customers by meter size.
• Inside-City and Outside-City billable water flows for the most recent 24-month period.
• Number and type of non-metered water customers, if any.
• Quarterly average billable water flow for a typical residential Muskegon customer.
• Quarterly typical billable water flow for the City's ten largest inside-City water
customers.
• Copies of all municipal and industrial water purchase/supply contracts.
Mr. Timothy Paul
September 17, 2002
Page 3 of 5
Task 2. Data Review and Clarification
We will review the data collected under Task 1 and request additional data and clarification
from the City staff as needed.
Task 3. Prepare Draft Water Cost of Service Study
Once all of the necessary data has been supplied as given in Tasks 1 and 2, TTMPS will
prepare the Water Cost of Service Study. The study will include a hardcopy of the
"SmartRate" linked financial spreadsheets. The tentative Water Cost of Service Study outline
is as follows:
Executive Summary
Water Rate Development
• MDEQ Requirements (if applicable to Muskegon)
• Annual Revenue Required
• Allocation of Required Components
• Distribution of Required Revenues to Customer Classes
Water System Expenses
• Equipment Replacement
• Operation and Maintenance
• Capital
Other Revenue Sources
Water System Customer Data and Billable Flow
Customer Data Billing Unit Analysis
Billable Water Flow
Historical Water Rates
Proposed Water Rates
Impact on Minimal Usage, Typical Residential and Largest Inside-City Customers
Water Tap-In Fees
Appendix A: Tables ("SmartRate" Linked Excel Spreadsheets)
Task 4: Review Draft Water Cost of Service Study with the City Staff
We meet with City staff in Muskegon to present our draft of the Water Cost of Service Study.
Comments will be discussed in order to address them in the final Water Cost of Service Study.
Mr. Timothy Paul
September 17, 2002
Page4 of 5
Task 5: Revise Draft Study aud Prepare Final Water Cost of Service Study
The draft study will be revised to incorporate the comments obtained in Task 4. We will then
prepare the final Water Cost of Service Study.
SCHEDULE
We propose to perform the tasks given above in accordance with the following schedule. The
work will begin upon receipt of the City's written authorization to proceed. The schedule is
subject to change based on City and TTMPS staff holiday and vacation schedules.
Tasks Week Number
1. Project Start Meeting (Meeting Number One) and Data Collection One
2. Data Review and Clarification Three
3. Prepare Draft Water Cost of Service Study Six
4. Meeting (Meeting Number Two) to Review Draft Water Cost of Seven
Service Study with City Staff
5. Revise Draft Study and Prepare Final Water Cost of Service Study Ten
TASKS NOT INCLUDED IN THIS PROPOSAL
The following tasks are specifically not included in this proposal:
• Water Ordinance Review
• Any meetings or presentations in Muskegon beyond the two meetings included in this
proposal.
• The Excel file containing the "SmartRate" spreadsheets.
COMPENSATION
Compensation for our personnel for the scope of work included in the base proposal will be a
lump sum of $10,900.
If the City requires a copy of the "SmartRate" linked financial spreadsheets (that will allow
City staff to quickly update future rates and review various "what if' combinations of future
capital improvements) the Excel file containing these spreadsheets will be provided to the City
for its unlimited future use for a lump sum cost of $2,500.
This proposal includes two meetings in the City of Muskegon. Any additional meetings or
presentations in Muskegon will be charged at an additional lump sum cost of $1,900 per
meeting or presentation.
Mr. Timothy Paul
September 17, 2002
Page 5 of 5
If you concur with our proposal, please sign in the space provided and return one original
signed copy to indicate your authorization to proceed. Our Standard Terms and Conditions are
attached and are considered an integral part of this proposal.
We appreciate this opportunity to be of continued service to the City of Muskegon, and look
forward to helping you achieve your goals. Please contact me at (734) 213-4063 if you have
any questions regarding this proposal.
Si~ceo/y,
usi~15~~
Vic Cooperwasser, P.E.
Vice President
Encl.
copy: Mr. Dennis Benoit, P.E., TTMPS Grand Rapids
Accounting ·
//~ 1 .1-02.-
BASE PROPOSAL ($10,900) PLUS "SMARTRATE" PROGRAM ($2,500)
ACCEPTED BY: _ _ _ _ __ _ _ _ _ _ _ __ __ _
TITLE: _ _ _ _ _ _ _ _ _ _ _ _ DATE:_ _ _ _ _ __
k:\proposals\Muskegon-smartrate.doc
September 17, 2002
Mr. Timothy Paul
Finance Director
City of Muskegon
933 Terrace Street
Muskegon,MI 49443-0536
Re: Muskegon, Michigan
"SmartRate" Water Cost of Service Study
Dear Mr. Paul:
In response to your request, we at Tetra Tech MPS (TTMPS) are pleased to submit our
proposal to complete a Water Cost of Service Study for the City using our "SmartRate" linked
financial spreadsheet product.
INTRODUCTION
In order to comply with the intent of the December 1998 Michigan Supreme Court decision
Bolt v. City of Lansing, your Water Cost of Service Study should address the following
questions and recommend changes as necessary:
1. Is the current water rate methodology valid per the guidance given in "Bolt"?
2. Can the City revise the costs recovered by the Readiness-to-Serve and Commodity
charges?
3. If the City is considering State low interest drinking water funding for any of the capital
improvements included in the City's water reliability study, does the City contribute funds
to a dedicated water equipment replacement fund in compliance with Michigan
Department of Environmental Quality (MDEQ) User Charge System requirements?
4. What cash balance should the City consider maintaining in the water fund?
5. What leeway does "Bolt" give the City as far as building up funds for future water capital
projects?
71 0 Avis Drive
Ann Arboc Ml 48108
Te! 734.665.':.COO f=~x 734-.665.2570
Mr. Timothy Paul
September 17, 2002
Page2 of 5
SCOPE OF SERVICES
We propose to perform the following tasks for the Muskegon Water Cost of Service Study:
Task 1: Project Start Meeting and Data Collection
We meet with City staff in Muskegon to review the City's goals and to confirm the schedule
for completing the Water Cost of Service Study. This meeting should last a maximum of two
hours. At this meeting we will determine the most expeditious way for the following data to
be collected:
• History of the City's water rates.
• Confirm the calculations and philosophy used to prepare the City's current water rates.
Review the report that developed the basis, if the report is available.
• Audited water operation and maintenance (O&M) and capital budgets for the last two
fiscal years.
• Audited water system revenues for the last two fiscal years.
• Water O&M and capital budgets for the upcoming fiscal year.
• List of major equipment items in the water production, treatment, storage and
distribution systems. The list should include the year the item was installed and the
cost of the item. The City's estimate of the remaining useful life of the equipment will
also be needed. Major equipment items include such things as:
• Pumps
• Chemical Feed Equipment
• Emergency Generators
• Vehicles
• Current water bond principal and interest repayment schedules.
• Proposed water bond principal and interest repayment schedules.
• Contributions to the water fund from sources other than water rates.
• Breakdown of Inside-City and Outside-City water customers by meter size.
• Inside-City and Outside-City billable water flows for the most recent 24-month period.
• Number and type of non-metered water customers, if any.
• Quarterly average billable water flow for a typical residential Muskegon customer.
• Quarterly typical billable water flow for the City's ten largest inside-City water
customers.
• Copies of all municipal and industrial water purchase/supply contracts.
Mr. Timothy Paul
September 17, 2002
Page3 ofS
Task 2. Data Review and Clarification
We will review the data collected under Task 1 and request additional data and clarification
from the City staff as needed.
Task 3. Prepare Draft Water Cost of Service Stndy
Once all of the necessary data has been supplied as given in Tasks 1 and 2, TTMPS will
prepare the Water Cost of Service Study. The study will include a hardcopy of the
"SmartRate" linked financial spreadsheets. The tentative Water Cost of Service Study outline
is as follows:
Executive Summary
Water Rate Development
• MDEQ Requirements (if applicable to Muskegon)
• Annual Revenue Required
• Allocation of Required Components
• Distribution of Required Revenues to Customer Classes
Water System Expenses
• Equipment Replacement
• Operation and Maintenance
• Capital
Other Revenue Sources
Water System Customer Data and Billable Flow
Customer Data Billing Unit Analysis
Billable Water Flow
Historical Water Rates
Proposed Water Rates
Impact on Minimal Usage, Typical Residential and Largest Inside-City Customers
Water Tap-In Fees
Appendix A: Tables ("SmartRate" Linked Excel Spreadsheets)
Task 4: Review Draft Water Cost of Service Study with the City Staff
We meet with City staff in Muskegon to present our draft of the Water Cost of Service Study.
Comments will be discussed in order to address them in the final Water Cost of Service Study.
Mr. Timothy Paul
September 17, 2002
Page4 of 5
Task 5: Revise Draft Study and Prepare Final Water Cost of Service Study
The draft study will be revised to incorporate the comments obtained in Task 4. We will then
prepare the final Water Cost of Service Study.
SCHEDULE
We propose to perform the tasks given above in accordance with the following schedule. The
work will begin upon receipt of the City's written authorization to proceed. The schedule is
subject to change based on City and TTMPS staff holiday and vacation schedules.
Tasks Week Number
1. Project Start Meeting (Meeting Number One) and Data Collection One
2. Data Review and Clarification Three
3. Prepare Draft Water Cost of Service Study Six
4. Meeting (Meeting Number Two) to Review Draft Water Cost of Seven
Service Study with City Staff
5. Revise Draft Study and Prepare Final Water Cost of Service Study Ten
TASKS NOT INCLUDED IN THIS PROPOSAL
The following tasks are specifically not included in this proposal:
• Water Ordinance Review
• Any meetings or presentations in Muskegon beyond the two meetings included in this
proposal.
• The Excel file containing the "SmartRate" spreadsheets.
COMPENSATION
Compensation for our personnel for the scope of work included in the base proposal will be a
lump sum of $10,900.
If the City requires a copy of the "SmartRate" linked financial spreadsheets (that will allow
City staff to quickly update future rates and review various "what if' combinations of future
capital improvements) the Excel file containing these spreadsheets will be provided to the City
for its unlimited future use for a lump sum cost of $2,500.
This proposal includes two meetings in the City of Muskegon. Any additional meetings or
presentations in Muskegon will be charged at an additional lump sum cost of $1,900 per
meeting or presentation.
Mr. Timothy Paul
September 17, 2002
Page 5 ofS
If you concur with our proposal, please sign in the space provided and return one original
signed copy to indicate your authorization to proceed. Our Standard Terms and Conditions are
attached and are considered an integral part of this,proposal.
We appreciate this opportunity to be of continued service to the City of Muskegon, and look
forward to helping you achieve your goals. Please contact me at (734) 213-4063 if you have
any questions regarding this proposal.
?1~~~~
Vic Cooperwasser, P.E.
Vice President
Encl.
copy: Mr. Dennis Benoit, P.E., TTMPS Grand Rapids
Accounting
BASE PROPOSAL ($10
ACCEPTEDBY:_-+--:r.a::3'rr'--:::,,,--<"--- - - - - - - - - - -
BASE PROPOSAL ($10,900) PLUS "SMARTRATE" PROGRAM ($2,500)
ACCEPTED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TITLE: _ _ _ _ _ _ _ _ _ _ _ DATE:_ _ _ _ __
k:\proposals\Muskegon-smartrate.doc
AGENDA ITEM NO. _ _ _ __
CITY COMMISSION MEETING _ _ _ __
TO: RABLE MAYOR AND CITY COMMISSION
FROM:
Patrick Simpson, Fire Chief
DATE: October 18, 2002
SUBJ: Request for Permission to Purchase a 24' Boston Whaler Rescue Boat
with Twin Mercury Engines and Tandem Axle Trailer
SUMMARY OF REQUEST:
The Fire Department is requesting City Commission permission to accept and award bids
for a 24' Boston Whaler Justice Commercial Rescue boat with twin mercury 150 XL
Optimax engines and tandem axle trailer.
FINANCIAL IMPACT:
$54,640.00
BUDGET ACTION REQUIRED:
$54,640.00 from the public improvement funds designated for firefighting equipment.
STAFF RECOMMENDATION:
Staff recommends approval of the following purchases:
1 - 24' Boston Whaler Rescue Boat from Boston Whaler Commercial and
Government Products, Inc. for $36,938.00
2 - Mercury 150 XL Optimax engines from Mercury Marine Government and
Commercial Division for $14,202.00
1 - Double axle trailer from Lakeside Marine for $3,500.00
October 18, 2002
Honorable Mayor and City Commission
Through the City Manager
Dear Commissioners:
We arc requesting the purchase ofa 24-foot Boston Whaler Justice Commercial Rescue
boat with twin Mercury 150 XL Optimax engines and tandem axle trailer. This
rescue/fire boat will provide marine dive rescue and firefighting capabilities for the City
of Muskegon's citizens and our guests for the next 20 years. As the "premier Shoreline
City of West Michigan" it is essential to provide effective and efficient life safety on our
lakes. This boat and the Muskegon Fire Department dive team now will give us the
ability to respond quickly with up to date equipment and fully trained perso1111el.
Therefore we ask that you approve the expenditure of $54,640.00 for this life saving
equipment from the public improvement funds designated for firefighting equipment.
Patrick Simpson
Fire Chief
CITY OF MUSKEGON
TELEPIIONr DID TABULATION
Date 10/15/02 Requisition- Rescue/Fire Boat
""
----------------
llalile of 8 i dder llarne of Bidder I Name of Bi dde-r
Boston Whal er Commercial
Vendor Pier 7 Marina Samsel Supply Co.
Telephone I 989-894-9061 800-892-8012
;rnd Gm,' t Prnd !nr
386-423- 2916
Number I
Quoted I Sally Jo Webb Mi ke Samsel I Jeff Gayer
• . By
j1 Unit I
I Unit I Unit
Quantity Description Price Tota 1 Price Price Total Price I Price Total Price
:
I
24' Boston Whaler
1 Justice Commercial ' $42,750.00 $40,131.00 $36,938.00
Boat w/ accessories
(see attached sheet) I
i
I
i
! I
... !I
:
!
!
TOTAL DID $
$42,750.00
., $ $40,131.00 i
$
$36,938.00 I
I
Cash Di scount Terms
.
F.0.13. I:
Deliver( Ti mi From
Receipt o Purc1ase Order
CITY OF MUSKEGON
TELEPIION~ OIO TAOULATIOH
10/15 /02 Requisition• Boat Engines
Date-----,------------- ...
llar.1e of Oidder tlame of Bidder l Name of Oidder
Mercury Marine Gov't
Vendor Sportsfishermans Center Lakeside Marine & Commercial Division·
Telephone
Number 722-4266 755-0569 866-408-6372 ext. 5649
Quoted j
•. By I Don Frazier Jim Rigby I
Mike Gurath
i' I Unit Unit II
Unit
Quantity Description Price Total Price Price Total Price I Price Total Price
I
2 Mercury 150 XL Optim~
w/stainless props ! $16,940.00 $14,950.00. $14.202.00
I
i
I
i
!
.. I
I
j
:
!
!
TOTAL OIO $ $16,940.00 $
$14,950 .00 $
'- i $14,202.00
!
Cash Discount Terms
F.0.0.
Oe liver( Ti mi From
Receipt o Purc1ase Order '
Ii
CITY OF MUSKEGON
TELEPIIONt OIO TABULATION
Date 10/15/02 Requisition • Boat Trailer
"-
tlar.1e of Didder tlame of Bidder Name of Oi dde-r
Boston Whafer Commerc ial
Vendor Lakeside Marine & Gov't Products
Telephone
~ .
Number
Quoted
By
iI 231-755-0569
Jim Rigby
386- 423- 2916
Jeff Gayer
i' Unit Unit l
Unit
IQuanti ty Description ! Price Tota1 Price Price Total Price
I
I Price Total Price
I
1
1
1
23'-25 #6800 Painted :!
Double Axle Trailer i
I
$3,500.00
I I $6,345 . 00 I1--- -~ ----------1
11 I ll I ;
i
TOTAL OID $ $3,500 . 00 $ $6,345.00 $
Cash DiScount Terms
F.0.0.
· Delivery Tim~ From
Receipt of Purct1ase Order I! ii
Commission Meeting Date: November 12, 2002
Date: October 28, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Ct?f:--
RE: CMI Brownfield/SmartZone Professional Services
Contract- ERM
SUMMARY OF REQUEST: The City of Muskegon was awarded a
Clean Michigan Initiative (CMI) Brownfield Grant, in an amount up to
$1,000,000, for the purposes of due care activities and grant
administration for the SmartZone site. Environmental Resources
Management, Inc. (ERM) has been the City's consultant for this site
through the Site Assessment Fund Grant. Since ERM is familiar with
this site and it's environmental condition, it is recommended that they be
retained to conduct the environmental work on this site for the CMI
Brownfield Grant. Therefore, the Commission is asked to approve the
attached proposal from ERM and authorize the Mayor to sign.
FINANCIAL IMPACT: The budget for the project will not exceed
$1 ,000,000, less the Project Manager's costs. These costs will be
covered by the CMI Brownfield Grant.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and ERM, and authorize the Mayor to
sign the proposal.
COMMITTEE RECOMMENDATION: None.
Environ menial
Resotucc-s
Manav~ment
J'..152 1:23r1i A venue
OCT 1 O 2002 HolL:tnd, l'v!l 49424-926":i.
Clri CF MUSl<EGON (616) 399-3500
PLi\NNING DEPARTMENT (6.16) 399-3777 (fox)
9 October 2002 http:/ /w\•V\'\' .erm.d)lll
Ms. Cathy Brubaker-Clarke
City of Muskegon
•
933 Terrace Street
. '
P.O. Box536 '
Muskegon, Michigan 49443
ERM®
Re: Former Teledyne Site, Muskegon, Michigan
Clean Michigan Initiative Brownfield Redevelopment Grant
Dear Ms. Clarke:
Per our prior discussions, we are submitting this proposal to you for
professional services related to the above project. This proposal
describes the scope of our environmental consulting services related to
the Brownfield Redevelopment Grant project. As you are aware,
Environmental Resources Management, Inc. (ERM) is performing similar
activities on this site through the City's Site Assessment Fund grant.
PROPOSED SCOPE OF SERVICES
Our proposed scope of services includes the following:
1. Perform professional services in connection with the project, serve as
the City's professional technical representative in all phases of the
project, and communicate with the Redevelopment Team (City,
Project Manager - Couture Environmental Strategies, and developer,
as necessary) and MDEQ during the performance of our services;
2. The Project Scope shall consist of conducting eligible Environmental
Activities pursuant to the Grant Agreement, including but not limited
to the following:
A. Meet with the Redevelopment Team to discuss project, priorities,
and responsibilities;
B. Develop Work Plan(s) for eligible Environmental Activities for
review by the Redevelopment Team and MDEQ, including scope
of work required to meet the intended future development plans,
quality assurance, cost estimates, and implementation schedules;
revise as necessary per MDEQ comments;
Environmental
M~. Cathy Brubaker-Clarke
Resources
Page2
Management
10/09/02
C. Prepare Change Orders to document changes or additions to the
schedule, Plan or budget; submit Change Orders to MDEQ for
approval;
D. Upon approval of the Work Plans, proceed with and conduct the
necessary eligible Environmental Activities;
E. Prepare bid documents and oversee subcontractor activities, as
required under the Grant Agreement, for all subcontractor
investigation and remedial activities;
F. Document the performance of the eligible Environmental
Activities, as required by the Grant Agreement; scope of reports to
be limited to that in the Work Plans; ·
G. Review site reports with Redevelopment Team and MDEQ as
necessary;
H. Communicate with Redevelopment Team and MDEQ during
performance of Response Activities, as necessary;
I. Assist the Project Manager in preparing monthly reports of the
progress made toward completing activities funded under the
Grant Agreement;
J. Assist the City in preparing project updates within six (6) months
of the completion of the eligible Environmental Activities;
K. Prepare invoices for submittal to the Project Manager following
the MDEQ format;
L. Conduct follow-up activities, as necessary.
For and in consideration of the services rendered in carrying out the
project, the City shall approve of all invoices submitted by ERM to the
City's Project Manager, in an amount that shall not exceed the amount in
the Grant Agreement ($1,000,000), less the Project Manager's costs, and
less certain approved subcontractor costs that may not be routed through
ERM' s accounting system. The City shall not be responsible for payment
beyond the amount in the Grant Agreement, and for any costs or
expenditures not approved by the MDEQ pursuant to the Grant
Agreement, unless such expenditures are approved by the City and/ or
MDEQ in writing.
There is a level of inherent risk on redevelopment/ remediation projects
funded through grants that the grant amount will not cover the required
expenditures to meet the redevelopment objectives. ERM will not be
responsible for conducting any response activities not deemed eligible .
for reimbursement by MDEQ under the Grant Agreement, including any
activities necessary for the development for which there is a shortfall of
grant funds. If additional response activities are necessary beyond the
Environmental
Ms. Cathy Brubaker-Clarke
Resom·ces
Page 3
Management
10/09/02
scope of the grant (if deemed an ineligible activity or if insufficient funds
are available), ERM will provide estimates to you to conduct the
additional scope of services.
Only those costs incurred by ERM will be charged, but they will not
exceed the estimated probable cost without your prior approval. This
project will be governed by ERM's General Terms and Conditions, dated
November 1999. To authorize our services as stated in this proposal,
please sign and return the attached Work Authorization form.
Thank you for the opportunity to submit this proposal and we look
forward to assisting you with this redevelopment project. If you have
any questions, we invite you to contact Tom O'Connell at (616) 738-7340.
Sincerely,
Thomas P. O'Connell, P.E.
Principal-in-Charge
TPO:aem
Attachment
cc: File
Environmental
Ms. Cathy Brubaker-Clarke Resources
Page4
Management
10/09/02
WORK AUTHORIZATION
Title: Brownfield Redevelopment Services
Site: Former Teledyne Site, Brownfield Redevelopment Project
Muskegon, Michigan
Date: 10/09/02
The above-referenced offer to perform services, as outlined in ERM's
proposal, is hereby agreed to and accepted. It is further agreed and
accepted that if a purchase order is issued in connection with this
authorization, the terms and conditions as contained and/ or referenced
in ERM's proposal and/ or contract shall govern unless otherwise
mutually agreed in writing, and further that any reverse-side purchase
order terms and conditions are hereby expressly excluded.
Title: Ma or
For: City of Muskegon
Date: _ _ _ __,_,_No,,__v,_,e""m""b"'e.,_r--'-'12"-'---=2-=0-=-0=-2_ _ _ _ _ _ _ _ _ _ _ _ __
Purchase Order Number:
Attachment A
General Terms and Conditions
General Terms and Conditions Environmental Resources Management, Inc.
1. References herein to "ERM" refer to Environmental Resources Management, Inc, written notice of intent to terminate; and {ii) an opportunity for _consultation with the ·
References herein to "Projecr mean the project as defined in ERM's written terminating party prior to !he effective date of such termination.
proposal to the Client. Any proposal submitted by ERM for the performance of a A final invoice Will be calculated on the first or fifteenth of !he mon-th (whichever
proposed Project shall be firm for a period of sixty (60) days. Upon the expiration of comes first) following lhe effective date of termination. ·
such period, ERM reserves the right to modify the proposed basis of payment and
a) Where the method of payment is based upon a "lump sum" the final invbice
fees to allow for changing costs and to adjust the time of perfom,ance to conform to
changing work loads. wm be based upon !he percentage of the work completed up to the effec!ive
date of termination.
2. Unless ERM's proposal provides otheiwise, the proposed fees constitute ERM's
b) Where the methqd of payment is based upon time and materials, the final
estimate of the probable cost required to complete the proposed Project. The
estimated probable cost identified in ERM's proposal shall not be deemed to be invoice will be based upon reimbursement for all services and expenses
either a guaranteed maximum or "guaranteed not-to-exceedff amount with respect assoclated with the Project up to the effective date of termination.
to the cost of perfomiing the Project identified in any such proposal. However, in c) Where the method of payment is based upon cost plus a fixed fee, the final
performing any Project, ERM will not proceed to expend more than the amount invoice Will be based upon reimbursement for all costs up to the effective
identified as the estimated probable cost in ERM's proposal without the Client's date of termination and a pre-:rata share of the fixed fee.
prior approval.
7. Insurance
3, Cost and schedule commitments contained in ERM's proposal shall be subject to
a) ERM shall maintain policies of insurance for the following types of coverage,
renegotiation for unreasonable delays caused by the Client's failure to provide each (with the exception of Workers' Compensation) with a limit of liability of
specified facilities or infomiatlon or for delays caused by unpredictable occurrences $1,000,000, combined single limit:
such as fires, Hoods, strikes, riots, unavailability of labor or materials or services,
process shutdown, acts of God or of the public enemy, or acts or regulations of any i) Workers' Compensation (statutory) and Employe(s Liability;
governmental agency. Work stoppage or Interruption caused by any of the above ii) Commercial General Liability: and
may result in additional cost (requiring a change in scope) beyond that identified in
ERM's proposal for perlormance of the Project, enliUing ERM to an adjustment to iii) Commercial Automotive Liability.
the cost and schedule, b) ERM shall, at the Client's request, provide the Client with a certificate of
4. Where the method of payment for ERM's services is on a lime-and-material or cost insurance or other sallsfactory evidence !hat such insurance has been
reimbursable basis, the following commercial terms shall apply: obtained and that such policies are maintained in force throughout the
perlod In which E~M provides services to the Client un~~r any agreement. , , ,
a) The minimum lime segment for charging of field work is four {4) hours. For
work done at any of ERM's offices, the minimum lime segment for charging
a Indemnification C, J.f'../111 sit,//
Yl{lll"'-lt<-1: (!'le/ O ¾' fl{~&i0i:o~
. &c, aM'+.'bM- \ ){l Urel(, u
is one-half(½) hour. There is no premium charge for overtime. a) ERM shall indemnify ar:d tiold hamiless the lent and i!s directors, officers, .~V --..""'
b) Where any agreement is based upon !he salary cost of specific individuals, employees, and agents froril and against all liability, claims, suits, losses,/ ,_ 1 , . )
damages, costs and demands, including reasonable legal expenses and~lftvf9./ 2
normal and customary salary increases will become effective immediately
upon ERM authorization and will be reflected in !he next invoice submitted
to the Client. . attorney's fees connected therewith, on account of personal injury, including ··
qe~th, or property damage, sustained by any person or entity not a party to
"Vany agreement between ERM and Client and arising out of or connected
}"Y
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c) ERM's hourly billing rates apply to al! {i) full-time, part-lime, temporary and with the performance of such agreement, to the extent such injury, death or
seconded employees of ERM and its affiliates, (ii) temporary employees \\ damage is caused by the sole or contributory negligence or willful
whose direct compensation is paid by a temporary staffing agency, and misconduct of ERM or its subcontractors or !heir respective employees,
(iii) staff consultants who are not independent contractors. officers and agents; provided that such injury, death or damage ls not
d) Expenses properly chargeable to the Project shall Include: travel and living occasioned by the sole negligence of Client or ils contractors or their
expenses of ERM personnel on business connected with the Project; respective employees, officers and agents; and provided further, that ERM's
Project related telecommunication, facsimile, shipping, reproduction, obligation hereunder shall not extend lo indemnification or holding harmless
bindery, computer usage and record processing costs in accordance wilh of a party JndemniHed hereunder for any claims of loss of profits or any other
ERM's standard billing policy and rates with respect to charges for indire.cl, special, incidental or consequential damages of any nature
associated project costs; equipment rental charges; professional, analytical whatsoever.
and technical subcontractors and advisors retained in connection with the b) Client shall indemnify and hold harmless ER and its directors~ officers,
Project; identifiable drafting and stenographic supplies; and expendable '~mployees, and agents from and against liability, claims, suits, losses,
materials and supplies purchased specifically for the Project. A fifteen cfil'm osls and demands, includin reasonable legal expenses and
percent {15%) handling and administrative charge will be added to all third attom es connected therewith, o. cc;ount of personal Injury, Including
party Project expenses,. except that a twenty percent {20%) handling· and 1, ,11/l()l)l death, p p rtydamage,sustaine byanypersonorenlitynotapartyto
adniinistratlve charge will be added to an third party analyt!cal expenses: If
the services covered by any ERM proposal are subject to local or state
(i'. -..:., 11 •
1-,\) {)
any agreement een ERM Bl) Client and arising out of or connected
with the performance such a (eement, to the extent such injury, death or
taxes or fees, such additional costs will be charged lo the Project and LQ.,Ll ' ""\ damage is caused by sole or contributory -negligence or willful
reimbursed bY the Client. J q \J / misconduct of Client or s ontractors or their respective employees,
5. Invoices will be submitted on a monthly basis payable upon receipt. Unpaid ll - ·---,._officers and agen~s; ovided lsuch injury, death or damage is not
balances shall be subject to interest at the rate of one and one-half percent (1.5%) :tfO -v _ . _bccasloned by the le neg!igeni:e Of..._ERM or its subcontractors or lneir
per month or the maximum permissible under state law, whichever is less, starting ( ,1z,0/ 1
0 . /respective empl9 ees, officers and a~nt_s; and provided further, that
thirty (30) days from the Invoice date. Payments received will be applied first to any \.. • Client's obligaJo'n h~reund?r shall not extencl ind~mnificalion or ho!d!ng
accrued interest, with the balance of the payment then applied to any unpaid fees. harmless o;,:. party mdemmffed hereunder for any ms of loss of profits or
In addition, ERM may, after giving seven (7) days written notice, suspend services any other indirect, special, lnc!dental or consequen 1 ~~ages of any
under any agreement without liability until all past due accounts (Including fees and nature whatsoever,
accrued interest') have been paid. Timely payment is a substantial condition of c) Client acknowledges and agrees that ERM has neilher created or
Client's perlormance of any agreement between ERM and Client. !n !he event contributed to, nor shall ERM .be liable lo Client or any third party for, !he
ERM must take leQal action to be paid for Us services and prevails, all collection creation or existence of any type of hazardous or toxic waste, material,
and legal costs associated with such action shall be reimbursed by the Client. chemical, compound, or substance, or any other type of environmental
6, Except as provided in Paragraph 5, any agreement between ERM and Client may ha~rd, contamination, or pollution, whether latent or patent, or the release
be terminated in whole or in part in writing by either party in the event of substaritial thereof or the violation of any !aw or regulation relating !hereto, existing al
or material failure by -the other party to fulfill its obligations under such agreement !he site of the Project prior to commencement of !he perfonnance of
through no fault of the temiinallng party, provided !hat no such terminaUon shall be services hereunder ("Pre-existing Condition"), and Client shall indemnify
effective unless the olher party is given; (l) not less than ten {10) calendar days ERM for any and all loss, cost, or damage actually sustained and incurred
by ERM in connection with any such Pre-existing Condition except to the
PAGE 1 OF2
extent any such Pre-existing Condition is exacerbated by the negllgence or structure thereon, certain sampling materials, such as drill cuttings and drilling ffuids
willful misconduct of ERM or its subcontractors. or asbestos removed for sampling, should be handled as if hazardous or
d) The provisions of this Paragraph 8 shall survive the completio_n of the contaminated. Accordingly, when sampling is included in lhe scope of services and
Project or the expiration, cancellation or termination of any agreement when determined by ERM in its sole and exclusive judgment to be necessary
between ERM and Client. based upon ERM's assessment of the degree of contamination, hazard and risk,
ERM will prompUy inform Client that containerization and labellng will be performed;
9. Standard of Care and Limitation of Llabtlity will appropriately contain and label such materials; and will leave the containers on
a) While performing services under any agreement, ·ERM shall exercise that site for proper, !awful removal, transport and dlsposal by Client. Client waives any
degree of care and skiff ordinarily exercised under similar circumstances by claim against ERM, and agrees to indemnify, defend and hold ERM hannless from
members of the env/ronmenlal engineering and consulUng profession any cla!m or llabilfty for injury or loss which may arise as a result of the drill
performing the kind of services to be performed thereunder and practicing in cu!Ungs, drill!ng fluids or other assumedly hazardous materials being left on the site
the same or similar !ocafity at the same time. of the Project after their proper containerization by ERM.
b) Except for the express promise set forth In subparagraph a., above, 11. Client agrees that ERM has authority to use its name as a Client and a general
regarding ERM's standard of care, ERM neither makes, nor offers, nor shall description of the Project as a reference for other prosp_eclive C!fents.
ERM be liable to Cllent for any express or implied warranties with respect to
lhe perfonnance of ERM's services. Estimates of cost, approvals, 12. ERM and Client do not intend, nor will any clause contained herein, be interpreted,
recommendations, opinions,· and decisions by ERM are made on the basis to grant to any third party any benefils or rights hereunder, includ!ng the right to rely
of ERM's experience, qualifications, and professional judgment and are not on any work product generated by ERM. ·
guaranteed. ERM shall not be regarded as a guarantor with respect to any
work product provided to Client. THE IMPLIED WARRANTIES OF 13. If ERM personnel are called or subpoenaed for deposiUons, examination, or court
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY appearances in any dispute arising out of the Project and in which ERM is not a
WAIVED BY CLIENT. named party, ERM shall be reimbursed on a time and material basis in accordance
c) ERM agrees lo re-perform and correct at its expense any work or services with ERM's then current, standard billing rates for such matters, including all out-of.
performed by ERM which falls to confmm to the standard of care that ERM pocket costs incurred In coonection wilh such matters.
has accepted pursuant lo subparagraph a) above. 14. If any of these General Terms and Conditions shall be finally determined to be
d) In the event Client requests ERM to prepare an estimate of !he probable invalid or unenforceable In whole or in part, the remaining provisions hereof shaU
cost to remediate the site of the Project, ERM will prepare such cost remain in full force and effect and be binding up"on the parties. The parties agree
estimate based upon ERM's experience and professional Judgment. Client to reform the contract between them to replace any such invalid or unenforceable
understands and agrees that ERM, in preparing such cost estimate, neither provision wi!h a valid and enforceable provision that comes as close as possible to
makes nor offers any warranty or guarantee with respect to the accuracy of the intention of the stricken provision.
such cost eslim_ate when compared lo the actua! cost of performing such 15. Once the Client has signified its acceptance of ERM's proposal, the express lerms
remediation work, as determined at the conclusion of the perfonnance of of ERM'~ proposal to Client and these General Tem,s and Conditions shall
such remediation work. ERM shall not be liable to Client as a result of the constitute. the complete and exclusive statement of !he terms of the agreement
preparation of such cost estimate, and Cl!ent hereby forever releases ERM, between the parties and are intended as a final expression of the tenns of such
and its officers, principals, employees and agents from any liability agreement and will supersede all prior and contemporaneous agreements,
whatsoever for losses or damages sustained by Client as a result of the representaUons or conditions, express or implied, oral or written. No provision of
preparation of such cost estimate. ER M's proposal or these General Terms and Conditions may be waived, altered, or
e) In no event shall ERM, Client or any of their respective officers, directors, modified in any manner, unless the same shall be set forth in writing and signed by
employees, agents and independent consultants be liable to the other for a duly authorized officer of ERM. Client may use its standard business forms (such
consequential, special, incidental, or indirect damages of any kind including, as purchase orders) to administer any agreement between ERM and Client, but
but not limited to, loss of revenues or profits, loss by reason of shutdown, use of such forms shall be for convenience purposes only, ,md any typed provision
loss of capital, loss of product, or !oss of use, arising under or in connection in conflict with the tem,s of ERM's proposal or these General Tem,s and
with any agreement between ERM and Client. Conditions and all pre-printed terms and conditions contained in or on such forms
shall be deemed stricken and null and void.
Q ERM and ERM's officers, directors, employees, agents and independent
professional consultants, and any of them, shall not be /lablEi to Cl!ent
and/or anyone claiming by, through or under Client, including Client's
insurers, in an amount which exceeds either {i) $100,000, lf the claims of
Client or Client's insurers against ERM are not covered by the insurance
coverages and associated llm!ts of liability which ERM is required to
maintain pursuant to Paragraph 7 hereof or (ii) $1,000,000, if the claims of
C!Jent or Cllent's insurers against ERM are covered by the insurance
coverages and associated limits of liability which ERM is required to
maintain pursuant· to Paragraph 7 hereof. The Client hereby forever
releases ERM and its officers, principals, employees and agen!s from any
liability for losses or damages sustained and incurred by the Client in
excess of such amount.
g) As used in this Paragraph 9, the term "liable" or "liability" means liability of
any kind, whether In contract {inc!ud!ng breach of· warranty), In tort
(including negligence and negligent misrepresentation, whether of ERM or
others), in strict J!abilily, or otheiwise, for any and all injuries, cla!ms, losses,
expenses or damages whatsoever arising out of or in any way related to
ERM's services from any cause or causes whatsoever. The provisions of
this Paragraph 9 providing for limitations of and protections against either
party's liability shall suivive the completion of the Project or the expiration,
cancellation, or termination of any agreement between ERM and Client, and
such provisions shall apply to the full extent pennitled by law.
10. Client recognizes that, when it is known, assumed or suspected that hazardous
materials exist on or beneath the surface of Iha site of lhe Project or wilhin any
PAGE20F2 NOVEMBER 1999 ·
/'
l V
Project Number: 455858-7
Project Name: Former Teledyne
•-, ..,... ,.
STATE OF MICHIGAN
Department of Environmental Quality
ex~, '---'~ ,. ;1_::::::.:-.c,~,c_;i,~
PLJ\i\::\!)1\]G. DCFAR.TiVlEt\JT
Clean Michigan Initiative Brownfield Redevelopment Grant Agreement
This Agreement ("Agreement") is made by and between the city of Muskegon hereinafter
referred to as the "Grant Recipient," and the Michigan Department of Environmental
Quality, hereinafter referred to as the "Department," effective upon the date of the
Department's signature (the "Effective Date").
Authority: Part 196, Clean Michigan Initiative Implementation, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended ("Part 196"), provides for the
establishment and implementation of the Clean Michigan Initiative Fund (the "Fund"); and
Part 196 provides that up to $20,000,000 in the Fund shall be used to provide grants and loans
to local units of government and brownfield redevelopment authorities created under the
Brownfield Redevelopment Financing Act, 1996 PA381, for environmental activities at known
or suspected facilities with redevelopment potential; and
The State Legislature has appropriated funding to the Department from the Fund for distribution
for this purpose; and
The Department and the Grant Recipient, in fulfillment of the purposes of Part 196 and Part
201, Environmental Remediation, of the Natural Resources and Environmental Protection Act,
1994 PA 451, as amended ("Part 201"), have negotiated the following Agreement. The
Department and the Grant Recipient, in consideration of the terms, promises, conditions, and
assurances set forth below, mutually agree as follows.
I. Award of Funding and Description of Project
NOTE: If the Grant Recipient fails to sign this Agreement within 90 days after receiving this document, the Department may cancel
the Grant Award. The Grant Recipient may not appeal or contest a cancellation pursuant to Part 196, Section 19612(5).
Subject to the terms of this Agreement and to the availability of appropriated funds, the
Department agrees to provide the Grant Recipient with up to one million dollars [$1,000,000]
(the "Grant") for the purpose of due care activities and a grant administrator. All actions funded
by this Grant shall only be used at the property described in the legal description provided as
Attachment A ("the Property"). The proposed use of the Property ("\he Development") is office,
commercial, and technology research.
The Grant Period is twenty-four (24) months beginning on the Effective Date and ending on
September 13, 2004 . The Grant Recipient may request an extension to the Closure
Date, pursuant to Section X (G) of this Agreement.
1
!. Contractor Fees and Expenses: Mark-ups on subcontracts, direct costs such as
laboratory expenses, supplies and rented equipment, and indirect costs are eligible,
however, they may not exceed ten percent (10%). Payments for mileage and meals
may not exceed the State of Michigan in-state meal, mileage, and lodging allowances
as defined in the attached State of Michigan Schedule of Travel Rates (Attachment D).
Facsimiles will be reimbursed at the rate of one dollar ($1.00) per page. Paper
reproductions will be reimbursed at the rate of ten cents ($0.10) per page. Costs and
markups shall not change during the Grant Period without written approval of the
Department. Contractor fees for preparation of invoices for the Grant Recipient or of
other invoices related to the Project are considered Ineligible Expenses.
2. Grant Administrator Fees and Expenses: The use of a Grant Administrator to oversee
grant administrative activities, inciuding, but not limited to, review of work plans,
reports and other documents prepared by the Contractor, review of invoices, writing
project status reports, and coordinating project activities and communications are
Eligible Expenses. Costs related to contracting services of a Grant Administrator are
Eligible Expenses conditional upon the Department's approval of a scope of work and
budget prior to incurring grant administration costs.
H. "Environmental Activity" shall refer to the portion of the Project, funded with the CMI
Brownfield Redevelopment Grant, to be undertaken by the Grant Recipient.
Environmental Activities may include any or all of the following, as described in
Section I of this Agreement.
1. A Baseline Environmental Assessment as defined in Part 201, Section 20101 (1 )(u).
2. Evaluating and conducting due care activities, pursuant to Part 201, Sections
20107a(1) and 20129a(1).
3. Interim response activities as defined in Part 201, Section 20101 (1)(u).
4. An evaluation as defined in Part 201, Section 20101(1)(m).
5. Feasibility studies as defined in Part 201, Section 20101 (1 )(p).
6. Remedial action as defined in Part 201, Section 20101(1)(cc).
7. Demolition as defined as a response activity in Part 201, Section 20101(1)(ee).
8. Corrective action, as defined in Part 213, Section 21302(4), Leaking Underground
Storage Tanks, and Part 215, Section 21502(k), Underground Storage Tank
Financial Assurance, of the Natural Resources and Environmental Protection Act,
1994 PA 451, as amended.
I. "Grant Administrator" shall refer to a person retained by the Grant Recipient, who is
not an existing employee of the Grant Recipient nor an employee of a Contractor,
whose sole task is administration of the grant on behalf of the Grant Recipient.
J. "Ineligible Expenses." The following expenses are not eligible for payment:
1. Office equipment.
2. Insurance [except liability insurance required pursuant to this Agreement].
3. Taxes [except sales taxes pursuant to Section Vl(A)(3)].
4. Registrations, including registration of an underground storage tank (UST).
5. Replacement of equipment.
6. Land acquisition.
7. Fees, including late fees and permit fees.
8. Drinking water supply replacement, as defined in 1990 MCS Rule 299.5401.
3
E, lfthe work provided by the Contractor(s) does not meet either the objectives stated in
Section I of the Agreement or a Department-approved Plan or Change Order, the
Department may request the Grant Recipient and/or Contractor(s) to take necessary
actions to meet those objectives as agreed to by the Department and the Grant
Recipient. All costs associated with those actions shall be at the Contractor's or Grant
Recipient's expense. If action is not taken to the Department's satisfaction within 14
days, the Department may:
1. Withhold payments until the work product is acceptable to the Department; or
2. Require that the Grant Recipient identify another qualified Contractor to complete
the Project.
V. Environmental Activity Approval and Implementation
A. Prior to conducting any Environmental Activities, the Grant Recipient shall submit a
detailed work plan ("Plan") to the Department for its approval, including a budget and a
schedule for conducting the Environmental Activities. The Plan shall be submitted
within three (3) months of the Effective Date. The Plan shall propose appropriate
Environmental Activities and shall contain a detailed description of the Environmental
Activities to be performed, the budgeted costs of performing each activity, and an
implementation schedule. The Grant Recipient shall not proceed with Environmental
Activities until the Department approves the Plan, budget, and schedule in writing. The
Department may approve, modify and approve, or require amendments to the Plan. If
the Department requires an amended Plan, the Grant Recipient shall make the
requested changes and resubmit the Plan to the Department within sixty (60) days of
receipt of the Department's request.
B. For Projects using a phased approach, the Grant Recipient shall submit a Plan for the
first phase with a schedule for all remaining phases, A supplementary Plan, budget,
and schedule is required for each subsequent phase and/or scope of work.
C. The Grant Recipient shall implement the Plan upon the Department's written approval
and according to the schedules contained therein. Changes or additions to the
schedule, Plan or budget ("Change Orders") may be submitted in writing to the
Department and are subject to approval by the Department. Changes to the Plan, or
performance of Environmental Activities that are not part of an approved Plan or an
approved Change Order, are considered ineligible expenses and may result in the
Grant Recipient being responsible for payment of the non-approved Environmental
Activities. ·
D. Following completion of the work outlined in the Plan, the Grant Recipient shall submit
to the Department a report of the results of the Environmental Activities performed.
Depending on the results of the Environmental Activities, the Department may request
the Grant Recipient to develop and implement a second Plan, budget, and schedule to
further delineate or remediate any environmental contamination discovered in the
course of the Environmental Activities, provided that adequate grant funds remain.
The Grant Recipient shall not proceed with further Environmental Activities until the
second Plan and budget are approved in writing by the Department.
VI. Payment of Expenses
5
Expenses that are incurred by the Grant Recipient to complete the Environmental
Activities are the responsibility of the Grant Recipient.
7. The Grant Recipient shall submit payment requests for all work completed on or
before September 30 (the end of the state's fiscal year), OR an estimate for work
completed on or before September 30, no later than October 15 of the same year.
Payment of requests received after October 15 that contain invoices for work
performed before September 30 may be delayed or denied. Payment requests
containing charges for work performed on or before September 30 must be invoiced
separately from charges for work performed on or after October 1 each year.
Invoices containing charges for work performed in more than one fiscal year may be
returned to the Grant Recipient for correction.
8. Upon completion of the file inspection and project closeout activities, any funds
obligated to the Project or the Grant Recipient under the Agreement, but not
expended by the Grant Recipient, shall be deobligated and returned to the Fund.
B. The Grant Recipient agrees to maintain books, computer records, documents, and
other evidence pertaining to the performance of Environmental Activities performed by
the Contractor(s) and services of a Grant Administrator under this Agreement in
accordance with generally accepted accounting principles and practices.
C. Audit of Project Expenses
1. Following completion of the Environmental Activities, an audit may be conducted by
the Department to verify that expenditures were made in accordance with the
Agreement. The audit may also be conducted for Department cost recovery
actions. The Department, upon reasonable written notice, shall have access to the
Grant Recipient's books, records, documents, and other evidence related to the
Project for audit, inspection, and copying.
2. The Grant Recipient shall maintain all records for five (5) years following completion
of the Environmental Activities.
VII. Grant Recipient Deliverables
A. The Grant Recipient shall provide or cause to be provided to the Department, any or
all of the following to both the Site Reclamation Unit and to the District Office listed in
Section II of the Agreement.
1. Qualifications of the Grant Recipient's preferred Contractor(s), if required under
Section IV (C) and (D) of this Agreement.
2. A Plan for each phase of Environmental Activities, as described in Section V (A) of
this Agreement, and Change Orders as required, described in Section V (C).
3. A report of the results of each phase of the Environmental Activities performed as
described in Section V (8) of this Agreement.
4. Requests for payment of Approved Costs as described in Section VI (A)(2) of this
agreement.
7
C. In performing this contract, the Grant Recipient shall not discriminate against any
employee or applicant for employment, with respect to his or her hire, tenure, terms,
conditions or privileges of employment, or any matter directly or indirectly related to
employment because of race, color, religion, national origin, sex, marital status, age,
height, weight, or because of a handicap that is unrelated to the employee's or the
applicant's ability to perform the duties of a particular job or position. Subcontracts with
each subcontractor shall contain a provision requiring non-discrimination in employment
as specified herein. This covenant is required pursuant to the Elliott-Larsen Civil Rights
Act and any breach thereof may be regarded as a material breach of this Agreement.
D. The Michigan Department of Consumer and Industry Services is required by 1980 PA
278 to compile and maintain a register of employers who have been found in contempt
of court by a federal court of appeals on not less than three occasions involving
different violations during the preceding seven (7) years for failure to correct an unfair
labor practice as prohibited by Section 8, Chapter 372 of the National Labor Relations
Act, 29 USC 158. Pursuant to Section 4 of 1980 PA 278, the State may void this
Agreement if the Grant Recipient or any Contractor subsequently appears in the
register compiled by the Michigan Department of Consumer and Industry Services of
employers found in contempt of court by a federal court of appeals.
X. Other Terms and Conditions
A. The Department may withhold the Grant until the Department determines that the
Grant Recipient is able to proceed with the Project, pursuant to Part 196, Section
19612(3).
B. A voluntary access agreement or court-ordered access must be secured by the Grant
Recipient prior to the performance of the Environmental Activities for any portion of the
Property or Project area that are not owned by the Grant Recipient and where
Environmental Activities will occur. (Attachment B).
C. The Grant Recipient shall demonstrate that any Contractor or subcontractor will
maintain comprehensive general liability insurance with limits of one million dollars
($1,000,000) combined single limit, for claims that may arise from the Grant
Recipient's operations under this Agreement, naming the Department, the State of
Michigan, and the Grant Recipient as additional insured parties. The cost of liability
insurance required by the Department, in excess of that already carried by the
Contractor or Grant Recipient pursuant to this Agreement, is an Eligible Expense.
D. This Agreement does not obligate the Department or the State of Michigan to issue
any permit required by law to implement the Project described in this Agreement.
E. Following completion of the Project, the Department,may conduct annual compliance
inspections for two (2) years to determine whether the Project is being maintained for
the use specified in this Agreement.
F. The filing of false information with the State of Michigan or the Department to obtain
funding through the CMI Brownfield Redevelopment Grant or any payment thereunder,
is a crime which may subject the Grant Recipient, its agents and/or its employees to
civil and criminal prosecution.
9
A. The Department may terminate or revise this Agreement with thirty (30) days notice to
the Grant Recipient for reasonable cause or in the event of changes in circumstances
imposed by legislative budget restrictions, reduction in appropriations, elimination of
funding, Executive Order, or Order of the Director of the Department.
B. The Department may terminate the Agreement and require immediate repayment of
the Grant if the Grant Recipient uses grant funds for any purpose other than for the
approved activities specified in Section I of this Agreement. The Department will
provide the Grant Recipient written notice of the termination thirty (30) days prior to the
termination, pursuant to Part 196, Section 19612(6).
C. The Grant Recipient may terminate the Agreement prior to completing Environmental
Activities as specified in Section I or the Development for reasonable cause with thirty
(30) days notice to the Department.
D. If the Grant Recipient terminates the Agreement, the Grant Recipient shall return all
grant funds paid by the Department pursuant to this Agreement no later than thirty (30)
days after such termination. The Grant Recipient may also be required to relinquish
any claim to additional, unused, or future CMI Redevelopment Grant funds. This
repayment requirement may be waived when there is a mutual agreement between the
Grant Recipient and the Department that economic or environmental benefit has been
derived from the expenditures of grant funds and that termination of this Agreement is
in the best interest of the Project.
11
ATTACHMENT A
Legal Description of Property
13
SEP 11 2002 13;58 FR MDEQ-CADILLAC 12317751511 TO 15172419581 P.03/03
APPENDIX A - Continued(No, 191825)
.......... 44 minutes 00 seconds West along the Northeasterly line of said Terrace
Street, axtended 381.45 feet; thence Westerly along the Northerly line of
said Terrace Street along the arc of a 302.48 foot radius curve to the 1eft,
a distance of 119.22 feet to the Northerly line of the CSX Railroad 30.00
foot right of way and the Southerly line of said Lot 7 (the central angle of
said curve is ZZ degrees 35 minutes 00 seconds and the long chord of said
curve bears North 71 degrees 01 minutes 30 seconds West 118.45 feet) to the
place of beginning; thence continue Westerly ~long said Northerly line of
Terrace Street along the arc of said 302.45 foot radius curve to the left, a
distance of 150.64 feet to the line between Lots 5 and 6 of said Block 558
(the central angle of said curve is 28 degrees 32 minutes 00 seconds and the
long chord of said curve bears South 80 de~rees 25 minutes 00 seconds West
149.08 feet); thence North 46 degrees 09 minutes IS seconds West along said
line between Lots Sand 6, a distance of 60.00 feet• thence North 52 degrees
07 minutes 4S seconds East 103.28 feet; thence North 79 degrees 16 minutes
05 seconds East 425.00 feet to a point on the Northerly line of said CSX
Railroad 30.00 foot right of way and the Southerly line of said lot 7;
thence Southwesterly along said Northerly line of the CSX Railroad 30.00
foot right of way and the Southerly line of said Lot 7, a distance of 340
feet, more or less, to the place of beginning;
Also a11 dock and riparian rights incident to the above described premises.
Continuation, Blank.
"-,,· Form 2446
Page 3
** TOTAL PAGE.03 **
ATTACHMENT C
SAMPLE CONTRACTOR INVOICE
Recommended for Clean Michigan Initiative, Site Reclamation Program
and Site Assessment Fund grants
City of _ _ _ _ __ OCTOBER 18, 1999
[Address] INVOICE NO. 12345
Project: Former ABC Foundry, City of _ _ _ _ __
Services performed include, as described in the Work Plan, Task 1, project administration and
meetings; Task 2, installation of monitoring wells; Task 3, soil and groundwater sampling; Task
4, laboratory analysis; and Task 5, preparation of reports.
Service dates: July 1, 1999 through September 30, 1999
Professional Services
Hours Rate Amount
Project Manager
Jane Jones
Task 1 4.5 90.00 405.00
Task3 3.0 90.00 270.00
Task 5 7.5 90.00 675.00
Sampling Technician
John Smith
Task 2 2.0 50.00 100.00
Task 3 5.0 50.00 250.00
Typist
Sally Murphy
Task 5 5.0 45.00 225.00
TOTAL - LABOR 1,925.00
Reimbursable Expenses Quantity Rate Amount
Task 1 - Facsimiles 11 1.00 11.00
Task 3-- Mileage 63 0.30 18.90
Task 4 - Northern Michigan Environmental Lab** Invoice attached**
Michigan 10 Metals 6 100.00 600.00
Task 5 -- Aerial Photographs **Invoices attached**
3 7.00 21.00
TOTAL - REIMBURSABLE EXPENSES 650.90
INVOICE TOTAL $2,575.90
15
DEPARTMENT OF MANAGEMENT AND BUDGET, VEHICLE AND TRAVEL SERVICES
SCHEDULE OF TRAVEL RATES FOR CLASSIFIED and UNCLASSIFIED EMPLOYEES
EFFECTIVE JANUARY 1, 2002
MICHIGAN SELECT CITIES *
Meals and Lodging
Lodging (Actual supported by receipts)** $65.00
Breakfast 8.75
Lunch 8.75
Dinner 21.00
IN-STATE ALL OTHER· Meals and Lodging
Lodging (Actual supported by receipts)** $65.00
Breakfast 7.00
Lunch 7.25
Dinner 16.50
Per Diem
Total Per Diem $76.25
Lodging 45.50
Breakfast 7.00
Lunch 7.25
Dinner 16.50
Group Meetings
Lodging (Actual supported by receipts)** $65.00
Breakfast 7.00
Lunch 10.25
Dinner 16.50
OUT-OF-STATE SELECT CITIES*
Meals and Lodging Contact Spartan Travel
Lodging (Actual supported by receipts)** or Preapproved Hotel Listing
Breakfast $11.00
Lunch 11.00
Dinner 22.00
OUT-OF-STATE ALL OTHER
Meals and Lodging Contact Spartan Travel
Lodging (Actual supported by receipts)** or Preapproveq. Hotel Listing
Breakfast $8.50
Lunch 8.75
Dinner 20.50
Per Diem
Per Diem $83.25
Lodging 45.50
Breakfast 8.50
Lunch 8.75
Dinner 20.50
Incidental Costs per day $ 2.00
Mileage Rates - Private vehicle
Approved Private Vehicle use Rate (Premium Rate) $.365 per mile
Vehicle & Travel Services Mid-Sized Car Rate $.295 per mile
Employee electing to drive private vehicle in lieu of available State vehicle
* See select cities list
** Lodging available nightly at specified rate, or use preapproved hotel list at
http: //www.state.mi.us/dmb/mgmtfservices/vts/ or call Spartan Travel at (517)333-5880 or nationwide at
(800)968-2238.
TravelRatesO 1-02.doc
DE~ MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL RESPONSE DIVISION
PAYMENT REQUEST FORM
The following information is required to receive payment for incurred costs.
Failure to provide accurate information is a violation of the Grant Agreement.
Grant Recipient Name· Project Name
Remittance Address Project Number (from Grant Agreement)
City, State, Zip Code Dates of Services Provided (months and year)
Tax ID Number Request Number
Name of Contact Person Telephone No. of Contact Person I Total AmOunt of Request
$
EXPENDITURES {LIST ONLY THOSE FOR WHICH INVOICES ARE ATTACHED
INVOICE DATE VENDOR NAME DESCRIPTION OF SERVICES RENDERED INVOICE PROOF OF PAYMENT
AMOUNT
I certify that all expenditures associatedwiffi this reimbursement request are consistent with the grant agreement between the Grant Recipient named above and
the MichiQan Department of Environmental Quality. •
Signature of Representative Title Date
Mail with completed form to: SITE RECLAMATION UNIT
ENVIRONMENTAL RESPONSE DIVISION
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
120 WEST CHAPIN STREET
CADILLAC, Ml 49601 EQP 4451 (Rev 4/01)
Please fill out the Payment Request Form completely each time a request is submitted and
note the following guidelines:
1. Site Name: Use the name for which the property is referred to in the grant agreement.
2. Project Number: The number assigned to the project by the DEQ and used for each
payment request. It is written in the upper right corner on the top page of the grant
agreement.
3. Request Number: The number of each successive reimbursement request. For
example, the first request number is 1, the second is 2, and so on.
4. Total Amount of Request: The amount submitted for payment. This amount should be
the total of all invoices included in the request.
5. Expenditure Table: Use one line per set of invoices. Fill in the date of the invoice, the
vendor, the vendor's invoice number, a brief description of the services, the total amount
of the invoice and the number of the check used to make payment to the vendor if
payment has been made.
6. Dates of Services Provided: Include the beginning and ending date of the work on the
invoices being submitted for reimbursement. Dates can be written as month and year
only-for example "10/00 to 12/00."
7. Signature: The signature is made by the authorized representative for the local unit of
government, as specified in the grant application. A consultant may not sign the request
form unless the consultant has been retained by the grant recipient as a grant
administrator.
8. Monthly progress reports must be submitted prior to or with the payment request. The
reports are used to describe all grant-funded and/or development activities that have
occurred at the project location during the time specified as "Dates of Services Provided."
9. Proof of Payment: Note what proof of payment is submitted with the current payment
request. If invoices have not been paid, submit proof that these invoices were paid with
the next payment request. If invoices have been paid, include proof of payment for
current invoices with the current pay request. Proof of payment of invoices may take the
form of copies of canceled checks, copies of invoices from the contractor stamped paid
with the amount paid and the date paid, or copies of the grant recipient's receipt of
warrant, general ledger or vouchers, or computer printouts showing payment amounts
and dates.
For faster processing time, fully and accurately complete the Payment Request Form, AND
include a monthly progress report for the time specified as Dates of Services (item number 6
above). If you have questions, please contact:
DEPARTMENT OF ENVIRONMENTAL QUALITY
SITE RECLAMATION UNIT
ENVIRONMENTAL RESPONSE DIVISION
P.O. BOX 30426
LANSING, MICHIGAN 48909-7926
517-373-9540
April 2001
19
Commission Meeting Date: November 12, 2002
Date: October 28, 2002
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department Cr3C-
RE: CMI Brownfield/SmartZone Consulting Contract-
Anne Couture
SUMMARY OF REQUEST: The City of Muskegon was awarded a
Clean Michigan Initiative (CMI) Brownfield grant, in an amount up to
$1,000,000, for the purposes of due care activities and grant
administration for the SmartZone site. Anne Couture, of Couture
Environmental Strategies LLC, has been the City's consultant for grant
administration and grant writing for these activities. It is recommended
that Ms. Couture be retained in this capacity to continue with the grant
administration during the duration of the grant activities. Therefore, the
Commission is asked to approve the attached proposal from Ms.
Couture and authorize the Mayor to sign.
FINANCIAL IMPACT: The budget for grant administration activities is
$45,000. The cost will be covered by the grand funds.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached proposal
between the City of Muskegon and Couture Environmental Strategies
LLC, and authorize the Mayor to sign the proposal.
COMMITTEE RECOMMENDATION: None.
2002 - 126(d)
RF . - \ __)
OCT 2 4 2002
CITY C, r11US!<.c:.GUN
PLANl,)iNG DEPARTMENf
Couture
Environmental Strategies LLC October 22, 2002
Ms. Cathy Brubaker-Clarke
Director of Community and Economic Development
City of Muskegon
PO Box 536
Muskegon, Ml 49443-0536
Re: Proposal for Grant Administration
Muskegon SmartZone (former Teledyne) Project
CMI Brownfield Redevelopment Grant
Dear Cathy:
Couture Environmental Strategies LLC is pleased to submit this proposal to the City of Muskegon
("City") to provide grant administration services for the Muskegon SmartZone (former Teledyne
site) CMI Brownfield Redevelopment Grant ("Project").
Scope of Work
The Scope of Work for the proposed services of Couture Environmental Strategies LLC includes
the following:
1. Coordinate activities and communication among Project participants, Project
consultants/contractors, and other parties who may be interested in or involved in the Project.
Schedule Project progress meetings as needed to facilitate communication, develop technical
strategies, and facilitate overall Project coordination.
2. Obtain work plan and budget approval from MDEQ prior to Project consultants/contractors
undertaking any grant-eligible tasks.
3. Review and comment on all draft work plans and budgets, reports, change orders, bid
documents, and other documents prepared by the Project consultants/contractors. Track
consultanUcontractors expenditures to assure consistency with MDEQ-approved budgets and
work plans. Assure any cost increases over budget are approved by MDEQ prior to incurring
such costs.
4. Provide information to MDEQ regarding the Project, including preparation of monthly
progress reports (per the Grant Agreement) on environmental response and development
activities.
5. Review Project consultanUcontractor invoices; prepare reimbursement requests (per the
Grant Agreement) on behalf of the City for submittal to MDEQ. Sign reimbursement request
forms on behalf of the City. Provide review and comment on any proposed contracts with
contractors/consultants for grant-funded activities related to the Project.
6. Provide assistance to the City in development and execution of any proposed amendments to
the MDEQ Grant Agreement as necessary to implement Project goals.
7. Keep the City apprised of grant project progress and issues.
145 1 ShoalAvenue • Richland, M ichigan 49083 • 6 16 629•9842 • Fax: 61 6 629•9104 • E-Mail: couture@net-link. net
Ms. Cathy Brubaker-Clarke 2 10/22/02
8. Provide assistance to the City in complying with the terms and conditions of the CMI
Brownfield Redevelopment Grant Agreement.
Budget
The services of Couture Environmental Strategies LLC will be billed to the City on an hourly
basis; my current hourly rate is $140/hour, and will be $150/hour beginning 1/1/03. Time will be
billed based on actual hours worked and direct costs incurred. All grant administration activities
will be conducted in compliance with an MDEQ-approved work plan and budget, pursuant to
Section Ill (G)(2) of the CMI Brownfield Redevelopment Grant Agreement, and therefore will be
reimbursable from the Grant. The budget for grant administration activities is $45,000.
Agreement
Attached to the letter are Provisions for Representation by Couture Environmental Strategies
LLC ("Provisions"). This letter and the attached Provisions constitute a contractual agreement
for services. If these terms and conditions are acceptable, I would appreciate your
acknowledging acceptance of them by signing and returning the enclosed copy of this letter.
Please don't hesitate to call if you have any questions.
a?~
Sincerely,
Anne P. Couture
Couture Environmental Strategies LLC
November 12, 2002
Date
Attachment
Ms. Cathy Brubaker-Clarke 3 10/22/02
PROVISIONS FOR REPRESENTATION BY
COUTURE ENVIRONMENTAL STRATEGIES LLC
Except as modified by an engagement letter, the following provisions will apply to the relationship
between Couture Environmental Strategies LLC and each of its clients:
1. Fees for services rendered will be based on the reasonable value of those services. Fees
will be based primarily on standard hourly billing rates and the numbers of hours worked.
Couture Environmental Strategies LLC will adjust billing rates from time to time.
2. Time for which a client will be charged will include, among other things, telephone and office
conferences with the client, consultants, regulators, public officials, and others; investigations;
research; report preparation; document review and comment; drafting of letters, memoranda
and other documents; and travel time.
3. In addition to fees, costs and expenses incurred in performing services will be billed, including
photocopying, postage, travel (mileage, meals, lodging), faxes, and other similar costs and
expenses. All costs billed will be consistent with approved State of Michigan rates.
4. Although fees or costs are estimated, these estimates are subject to unforeseen circumstances
and are by their nature inexact CES LLC will not be bound by any estimates except to the
extent expressly set forth in the engagement letter.
5. Fees and expenses will be billed monthly.
6. A client shall have the right to terminate our services and representation upon written notice.
Such termination, however, will not relieve the client of the obligation to pay for all services
rendered and costs or expenses paid or incurred on behalf of the client prior to termination.
7. In recognition of the relative risks, rewards and benefits of the Project to both the Client and
CES LLC, the risks have been allocated such that the Client agrees that, to the fullest extent
permitted by law, CES LLC total liability to the Client for any and all injuries, claims, losses,
expenses, damages or claim expenses arising out of this agreement from any cause or
causes, shall not exceed CES LLC total fee for services rendered on this project It is
intended that this limitation apply to any and all liability or cause of action however alleged or
arising, unless otherwise prohibited by law.
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