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CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 11, 2002 CITY COMMISSION CHAMBERS@ 5:30 P.M. AGENDA • CALL TO ORDER: • PRAYER: • PLEDGE OF ALLEGIANCE: • ROLL CALL: • HONORS AND AWARDS: • PRESENTATIONS: • CONSENT AGENDA: a. Approval of Minutes. CITY CLERK b. Fireworks Display at Summer Celebration Concert. CITY CLERK c. Consideration of Bids, Houston Ave. from Third to First. ENGINEERING d. Approval of Economic Development Revolving Fund Program Policies and Guidelines PLANNING & ECONOMIC DEVELOPMENT e. Adoption of Michigan Vehicle Code. POLICE f. Light Fixture & Exit Signs Replacement in the basement a City Hall. ENGINEERING g. Shoreline Drive East Rail Purchase. ENGINEERING • PUBLIC HEARINGS: • COMMUNICATIONS: • CITY MANAGER'S REPORT: • UNFINISHED BUSINESS: • NEW BUSINESS: a. TEDF Category F-Grant Applications. ENGINEERING b. Black Creek Road Project. ENGINEERING c. Request for Proposals for Buildable Large Vacant Parcel at the Northeast Corner of Marquette and Getty. PLANNING & ECONOMIC DEVELOPMENT d. Extension of time - Fisherman's landing Reloction. CITY MANAGER e. Concurrence With the Housing Board of Appeals Notice and Order to Demolish the Following: 1. 1961 Leahy 2. 2082 Estes 3. 318 E. Apple 4. 1836 Nevada 5. 1458 Sixth 6. 1715 Superior f. MOU Agreement with MDOT for the Construction of Shoreline Drive East. ENGINEERING g. Traffic Signal Support Pole Painting. CITY MAQNAGER h. Employment Agreement between the city of Muskegon and Bryon L. Mazade. CITY MANAGER • ANY OTHER BUSINESS: • PUBLIC PARTICIPATION: • CLOSED SESSION: To discuss pending litigation • 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 l O minutes if previously registered with Cify Clerk.) • 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 TOO: (231) 724-4172. Date: June 11, 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 Special Commission Meeting that was held on Tuesday, May 21, 2002, and the Regular Commission Meeting that was held on Tuesday, May 28, 2002. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval of the minutes. CITY OF MUSKEGON CITY COMMISSION MEETING JUNE 11, 2002 CITY COMMISSION CHAMBERS@ 5:30 P.M. MINUTES The Regular Commission Meeting of the City of Muskegon was held at City of Muskegon was held at the City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30pm, Tuesday June 11, 2002. Mayor Warmington opened the meeting with a prayer from Pastor Bierenga of the Allen Ave. Christian Reformed Church, after which members of the City Commission and members of the public joined in reciting the Pledge of Allegiance to the Flag. ROLL CALL FOR THE REGULAR COMMISSION MEETING: Present: Mayor Stephen Warmington; Vice-Mayor Karen Buie: Commissioners Stephen Gawron, William Larson, Robert Schweifler, and Lawrence Spataro; City Manager Bryon Mazade, · City Attorney Thomas Johnson and City Clerk Gail Kundinger. Excused: Commissioner Clara Shepherd. 2002-69 HONORS AND AWARDS: Vice Mayor Buie presented a Proclamation to Keisha Martinez, Mrs. Muskegon County 2002, congratulating her for her accomplishments in the Mrs. International Competition. 2002-70 INTRODUCTIONS/PRESENTATION: Ken James from Affirmative Action introduced the Julia Hackley Fund interns for 2002. 2002-71 CONSENT AGENDA: a. Approval of Minutes. CITY CLERK SUMMARY OF REQUEST: To approve the minutes of the Special Commission Meeting that was held on Tuesday, May 21, 2002, and the Regular Commission Meeting that was held on Tuesday, May 28, 2002. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval of the minutes. b. Fireworks Display at Summer Celebration Concert. CITY CLERK SUMMARY OF REQUEST: Rachel Kane is requesting approval of a fireworks display for the July 2, 2002, 'Nickelback' concert at the Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. Risk Management has approved the insurance. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. c. Consideration of Bids. Houston Ave from Third to First. ENGINEERING SUMMARY OF REQUEST: The reconstruction of Houston from 3rd to Js 1 contract (H-1542), including the watermain, be awarded to Lakeside Construction out of Grand Haven since they were the lowest (see bid tabulation) responsible bidder with a bid price of $104,276.75. FINANCIAL IMPACT: The construction cost of $104,276.75 plus associated engineering cost which is estimated at an additional 15%. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: Award the contract to Lakeside Construction. COMMITTEE RECOMMENDATION: d. Approval of Economic Development Revolving Fund Program Policies and Guidelines. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To adopt the amended policy for the Economic Development Revolving Fund Program. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To adopt the policy. COMMITTEE RECOMMENDATION: The Community Relations Committee recommended adoption of the policy at their June 3, 2002 meeting. e. Adoption of Michigan Vehicle Code. POLICE SUMMARY OF REQUEST: To adopt the Michigan Vehicle Code by reference. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To adopt the ordinance f. Light Fixture & Exit Signs Replacement in the basement at City Hall. ENGINEERING SUMMARY OF REQUEST: Authorization to enter into a $16,970 contract with Belasco Electric, out of Muskegon, to replace a total of 177 outdated fixtures in the basement of City Hall with a TB lamp & electronic ballast in accordance with the recommendation outlined in the energy analysis report prepared by Tower Pinkster Titus Associates earlier this year. According to the report, the fixture replacement will have a 5.72 years payback and an expected life of 25 years. FINANCIAL IMPACT: The cost of $16,970 BUDGET ACTION REQUIRED: None at this time. The cost will come out of the City Hall budget and any necessary revision, if one becomes necessary, will be reflected on a future quarterly update. STAFF RECOMMENDATION: To approve a contract with Belasco. COMMITTEE RECOMMENDATION: g. Shoreline Drive East Rail Purchase. ENGINEERING SUMMARY OF REQUEST: Authorize the sole source purchase of 7,542.9 feet of rails necessary to construct the new railroad as part of the proposed Shoreline Dr. East for a total cost of $72,439.44 in accordance with the City/CSX agreement which was executed back in 1999. The rails will be sold to the successful contractor. FINANCIAL IMPACT: The cost of purchasing the rails for $72,439.44. BUDGET ACTION REQUIRED: None at this time. The cost is expected to be a part of the anticipated grant from MDOT. STAFF RECOMMENDATION: Approve the purchase of the rail and authorize staff to issue a purchase order to buy the rails. COMMITTEE RECOMMENDATION: Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the minutes. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie Nays: None Absent: Commissioner Shepherd MOTION PASSED 2002-72 NEW BUSINESS: a. TEDF Category F-Grant Applications. ENGINEERING SUMMARY OF REQUEST: Your permission to submit TEDF Category F Grant application for the Milling & Resurfacing of Sherman Blvd. from Lincoln to Beach Street. Estimated cost is $300,000. FINANCIAL IMPACT: A 20% match plus engineering cost which are estimated at $100,000 if the project is approved. BUDGET ACTION REQUIRED: None at this time. However, should the project get approval, we would have to include it in the 2003 Capital Improvement Budget. STAFF RECOMMENDATION: Approve the submittal of the grant application. Motion by Vice Mayor Buie, second by Commissioner Larson to approve the submittal of the TEDF Category F Grant application for the Milling & Resurfacing of Sherman Blvd., from Lincoln to Beach Street. ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron Nays: None Absent: Commissioner Shepherd MOTION PASSED b. Black Creek Road Project. ENGINEERING SUMMARY OF REQUEST: Direction as to whether or not a special assessment should be created to mill and resurface Black Creek Rd., between Sherman & Latimer. As instructed, the engineering department mailed letters to all business owners abutting Black Creek Rd., between Sherman & Latimer to gauge their interest in paving the aforementioned section of Black Creek Rd. in the light of the recent commission action to limit the assessable amount to 45% of the total cost of improvements. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to proceed with preparation for a public hearing to create a special assessment district. COMMITTEE RECOMMENDATION: Motion by Commissioner Larson , second by Vice Mayor Buie to authorize staff to not proceed with preparation for a public hearing to create a special assessment district. MOTION WITHDRAWN BY COMMISSIONER LARSON Motion by Commissioner Schweifler, second by Commissioner Gawron to authorize staff to proceed with preparation for a public hearing to create a special assessment district for Black Creek Rd., between Sherman & Latimer. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None Absent: Shepherd MOTION PASSED c. Request for Proposals for Buildable Large Vacant Parcel at the Northeast corner of Marquette and Getty. PLANNING & ECONOMIC DEVELOPMENT SUMMARY OF REQUEST: To approve the advertising of a Request for Proposal (RFP) for a large parcel of land on the Northeast corner of Marquette and Getty described as Lot 655 and 658 and the south 60' of Lot 659 (As measured at right angles to the south line of Lot 659) Muskegon Urban Renewal Plat No. 4, as recorded on Uber 19, Pages 19-22, Muskegon County Records. FINANCIAL IMPACT: The sale of this large parcel for a housing development 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 cost. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the resolution and to authorize both the Mayor and the Clerk to sign said resolution. COMMITTEE RECOMMENDATION: The Land Reutilization Committee (LRC) recommended advertising of a Request for Proposals for this large parcel of land at their May 28, 2002 meeting. Motion by Commissioner Spataro, second by Vice Mayor Buie to refer this item for further review at the next Worksession Meeting. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None Absent: Shepherd MOTION PASSED d. Extenstion of time - Fisherman's Landing Relocation. CITY MANAGER SUMMARY OF REQUEST: To authorize an additional 90 days for staff to negotiate a development agreement with Great Lakes Dock & Materials to relocate Fisherman's Landing. The original 90 days has expired and while significant progress has been made on this project, additional time is necessary to complete this transaction. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: None Motion by Commissioner Larson, second by Commissioner Gawron to authorize an additional 90 days for staff to negotiate a development agreement with Great Lakes Dock & Materials to relocate Fisherman's Landing. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro Nays: None Absent: Shepherd MOTION PASSED e. Concurrence with the Housing Board of Appeals Notice and Order to demolish for the following: SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the following structures are unsafe, substandard, a public nuisance and that they be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structures and that the Mayor and City Clerk be authorized and directed to execute contracts for demolition with lowest responsible bidders. 1) 19 6 1 Leahy Case # & Project Address: #00-63 1916 Leahy, Muskegon, Ml Location and ownership: This structure is a church (Revival Temple) located on Leahy in the Marsh Neighborhood between E. Holbrook and Keating Avenue. Staff Correspondence: A dangerous building inspection was conducted on 7/11/00, a notice and order to repair was issued 8/18/00. The case was brought before the HBA in January 2002. The case was tabled for 30 days because Rev. Duncan called the Inspection Department and spoke with Bob Grabinski, stating that repairs were finished and he would call for a final inspection. A final inspection was scheduled, but the Rev. failed to appear for it. The building inspector said reparis are started, but not finished. The case was brought before the HBA again in March 2002 and no one from the church appeared. The case was declared substandard, a public nuisance, and dangerous building on that date. There has been no contact from the church since scheduling the inspection. Owner Contact: There has been no contact since the Jan. 2002 HBA meeting. FINANCIAL IMPACT: General Fund BUDGET ACTION REQUIRED None State equalized value: N/ A - church Estimated cost to repair: $3,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. REQUESTED BY STAFF TO HAVE ITEM REMOVED FROM AGENDA 2) 2082 Estes Case # & Project Address: #00-57 2082 Estes. Location and ownership: This structure is located on Estes in the Lakeside Neighborhood. It is owned by David Vankammen, who lives next door. Staff Correspondence: A dangerous building inspection was conducted on 7/20/00. A notice and order to repair was issued 8/1 /00. The case was brought before the HBA in on 10/5/00, 5/3/01, 12/6/01 and 5/2/02. Mr. VanKammen has repeatedly stated repairs will be completed, but they have not. There have been many complaints from neighbors in regard to this property being a disgrace to the neighborhood. Owner Contact: Mr. VanKammen has been in contact with Bob Grabinski and has promised to complete repairs, but does not follow through. FINANCIAL IMPACT: General Fund BUDGET ACTION REQUIRED None State equalized value: $31,200 Estimated cost to repair: $8,000 plus cost of interior renovation. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with the Housing Board of Appeals decision to demolish. ROLL VOTE: Ayes: Buie, Gawron, Larson, Schweifler, Spataro, Warmington Nays: None Absent: Shepherd MOTION PASSED 3) 318 E. Apple Case# & Project Address: #01-049, 318 Apple Location and ownership: This structure is located on Apple Ave., between Fork and Emerald in the Angell Neighborhood. It is owned by George Dobben. Staff Correspondence: A dangerous building inspection was conducted on 11/8/01. A notice and order to repair was issued 11 /19 /01. A notice of hearing before the Housing Board of Appeals was issued 12/21 /01. An order to demolish was issued 2/11 /02. Owner Contact: Bruce Austin was present at the HBA meeting l /3/02 to represent Mr. Dobben. He had been hired to work on the building. There has been no contact since that date. FINANCIAL IMPACT: CDBG Fund BUDGET ACTION REQUIRED None State equalized value: $190,800 Estimated cost to repair: $25,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Vice Mayor Buie to concur with the Housing Board of Appeals decision to demolish. ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Spataro, Warmington, Buie Nays: None Absent: Shepherd MOTION PASSED 4) 1836 Nevada Case # & Project Address: #02-06 1836 Nevada, Muskegon Ml Location and ownership: This structure is located on Navada between Laketon and Windsor. It is owned by MLA Inc. Staff Correspondence: A dangerous building inspection was conducted on 3/15/02 and a notice and order to repair was issued 3/25/02. On 5/2/02 the HBA declared the structure a public nuisance, substandard, and dangerous building. An interior inspection was scheduled by a realtor for 5/8/02 and their contact person did not appear for the inspection. Owner Contact: The realtor's office has been in contact and scheduled the interior inspection. They called again and were not aware their maintenance man had not appeared for the inspection. FINANCIAL IMPACT: General Fund BUDGET ACTION REQUIRED None State equalized value: $12,900 Estimated cost to repair: $15,000 plus cost of interior rehabilitation. STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Gawron, second by Commissioner Larson to concur with the Housing Board of Appeals decision to demolish. ROLL VOTE: Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron Nays: None Absent: Shepherd MOTION PASSED 5) 1458 Sixth Case # & Project Address: #01-053, 1458 Sixth St. Location and ownership: This structure is located on Sixth Street between Grand and Washington. It is owned by Daniel Herrema of Grandville. Staff Correspondence: A dangerous building inspection was conducted on 12/12/01. A notice and order to repair was issued 12/18/01. HBA on 02/07 /02 found the structure to be dangerous and unsafe .. Owner Contact: The owner talked to Bob Grabinski on 3/6/02 and was given a 60/day extension to complete repairs. No permits have been pulled and there has been no contact with the owner since then. FINANCIAL IMPACT: CDBG BUDGET ACTION REQUIRED None State equalized value: $17,200 Estimated cost to repair: $25,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. Motion by Commissioner Spataro, second by Commissioner Schweifler to concur with the Housing Board of Appeals decision to demolish, with the condition that if the Building Inspector, upon inspection of building, finds it up to code then the demolition will not proceed. ROLL VOTE: Ayes: Schweifler, Spataro, Warmington, Buie, Gawron, Larson Nays: None Absent: Shepherd MOTION PASSED 6) 1715 Superior. Case# & Project Address: #02-01, 1715 Superior. Location and ownership: This structure is located in the Marsh Neighborhood and is owned by Amy Bradley of Fruitport, Ml. Staff Correspondence: A dangerous building inspection was conducted on 6/23/98. Some work was done without permits after that time. Another inspection was conducted 1/22/02 after a fire. A Notice and Order to Repair was issued on 1/30/02. No one was present to represent the case before the HBA on 3/7 /02 and the structure was declared substandard and dangerous. The owner called the Inspection Dept. after that date and scheduled an interior inspection, which was conducted 3/25/02. On 4/29/02 the owner called the office and inquired on what to do next. She was informed she needed to submit a schedule of repairs and apply for permits. There has been no contact since that date. The city has had the structure boarded on 3 separate occassions. Owner Contact: Owner has not been in contact with this office since 7/20/01. At the HBA meeting in September, he was told he could stop this from going before the City Commission by scheduling an interior inspection and supplying this office with a time line for repairs. FINANCIAL IMPACT: CDBG BUDGET ACTION REQUIRED None State equalized value: $14,000 Estimated cost to repair: $20,000 STAFF RECOMMENDATION: To concur with the Housing Board of Appeals decision to demolish. REQUESTED BY STAFF TO HAVE ITEM BE REMOVED FROM AGENDA. f. MOU Agreement with MDOT for the Construction of Shoreline Drive East. ENGINEERING SUMMARY OF REQUEST: Enter into agreements with the Michigan Department of Transportation to provide funding for the proposed Shoreline Dr. East Project. Furthermore, due to the timing constrains, it is requested that your approval, if granted, be contingent upon compliance with the City Attorney's review. Also, it is respectfully requested that the Mayor & City Clerk be authorize to execute said agreements and the necessary resolution. FINANCIAL IMPACT: The estimated cost of the project, including the existing section of Shoreline Dr., from Terrace to Southern Ave. is $11,850,000 of which the City is responsible for an estimated total of $650,000. BUDGET ACTION REQUIRED: None at this time. The City's share would come out of Major Street Fund ($500,000). Sewer Fund ($75,000) and Water Fund ($75,000). STAFF RECOMMENDATION: Conditional approval of the agreements and resolution. COMMITTEE RECOMMENDATION: Motion by Commissioner Larson, second by Vice Mayor Buie to enter into agreements with MDOT to provide funding for the proposed Shoreline Dr. East Project, and have the Mayor and City Clerk authorized to execute agreements and necessary resolution. ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None Absent: Shepherd MOTION PASSED g. Traffic Signal Support Pole Painting. CITY MANAGER SUMMARY OF REQUEST: To approve the painting of 32 traffic signal support poles in the downtown area utilizing Consumers Energy's contract with Pennington Bros. (Twin Lake, Ml.) These poles are in need of painting and doing so will accomplish another component of the Blight Fight effort. FINANCIAL IMPACT: 32 poles@ $354.00 each $11,328.00 40 brackets @ $40.00 Each 1,600.00 TOTAL $12,928.00 BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the request COMMITTEE RECOMMENDATION: None Motion by Commissioner Spataro, second by Commissioner Schweifler to approve the painting of 32 traffic signal support poles in the downtown area utilizing Consumers Energy's contract with Pennington Brothers, Twin Lake, ML ROLL VOTE: Ayes: Spataro, Warmington, Buie, Gawron, Larson, Schweifler Nays: None Absent: Shepherd MOTION PASSED h. Employment Agreement between the City of Muskegon and Bryon L. Mazade. City Manager. SUMMARY OF REQUEST: To approve the employment agreement between the City of Muskegon and Bryon L. Mazade, City Manager, effective July 1, 2002. Motion by Commissioner Schweifler, second by Commissioner Gawron to approve the employment agreement between the City of Muskegon and Bryon L. Mazade, City Manager, effective July 1, 2002. ROLL VOTE: Ayes: Warmington, Buie, Gawron, Larson, Schweifler, Spataro Nays: None Absent: Shepherd MOTION PASSED ADJOURNMENT: The Regular Commission Meeting for the City of Muskegon was adjourned at 7:04pm. Respectfully submitted, Gail Kundinger, CMC/ AAE City Clerk Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Gail A. Kundinger, City Clerk RE: Fireworks Display - Nickelback Concert SUMMARY OF REQUEST: Rachel Kane is requesting approval of a fireworks display for the July 2, 2002, 'Nickelback' concert at the Muskegon Summer Celebration. Fire Marshall Metcalf has reviewed the request and recommends approval contingent on inspection of the fireworks. Risk Management has approved the insurance. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks. 2002-71(b) PERMIT FOR FIREWORKS DISPLAY Act 358, P.A. 1968 This permit is not transferable. Possession of this permit by the herein named person will autho~ him to possess, transport and display fireworks in the amounts, for the purpose, and at the place listed below only. TYPE OF DISPLAY: {Ol PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONTROL ISSUED TO: Rachel Kane - Nickelback Concert NAME Mark Castle ADDRESS 24932 Avenue Kearny, #1 AGE 30 Valencia, CA 91355 REPRESENTING NAlvlE OF ORGANIZATION, GROUP, FIRM OR CORPORATION Muskegon Summer Celebration ADDRESS NUMBER & TYPES OF FIREWORKS: DISPLAY: Heritage Park Landing EXACT LOCATION Muskegon, MI 49440 July 2, 2002 9p.m. - 11p.m. CITY, VILLAGE, TOWNSHIP DATE TIME. - BOND OR !NSURANCE FILED: ~cl: YES ( ) NO AMOUNT $ 1, 000, 000. rssOED BY Issued by action of the Ml /SK EGON CITY COMMISSION (=cil, eommiuion, board)_ of the CITY of MUSKEGON (eity. vdllOJe. cownship) (name of ci~. village. rDWNhip) (!1!91Uute .t. position of eoun.:il. eommi:uion or boud reprcscnutivc) Stage & Effects Engineering, Inc. Subject: Proposed effects Plan, Nickelback Concer1, 7!02! 2002; Muskegon Summer Celebration To whom it May Concern: I have been referred to your office in regards to the proposed effects plan for the 'Nickelback' concert. I would like to submit for your review our intended effects plan, and to request your approval and advisement on ensuring we meet the requirements of all authorities having jurisdiction. The proposed effects include both pyrotechnic and flame effect elements. We have not finalized the pyrotechnic effects list for this venue, as it will be contingent on meeting the approval and parameters of all parties invested. The proposed pyrotechnic effects may include: 5 Mortar Hits 1 T3 9 Helicopter Bullet Hits 3 Stage Mines, 15 1 , Red 3 Stage Mines, 15' 1 White 3 Stage Mines, 15', Blue 5 Silver Flash Trays, 6" 45 Waterfalls, 15s x 25' 13 Airbursts, Sm., Popcorn 3 Airbursts, Sm. , Red 3 Airbursts, Sm., Blue 10 A/B Concussions 5 Flame Projectors, #200, Blue In Venues that do not support propane flame effects, we may use; 24 Flame Projectors, #200, orange In venues not allowing A/B concussions, we may use; 10 SB-20 Thus far, we are considering the use of two (2) accumulators, which each support four (4) flame effects, for a total of eight (8) positions for flame. The height and duration of the effect is controlled by the operator, and is predetermined according to the parameters of the venue, the cue, and the Authorities Having Jurisdiction. Please find included the effects data package for your review. Please let me know if you would like a copy of our equipment registration, and by what means would be most convenient. Please advise of any additional information or documentation you will require to approve of this plan, as well as any parties required to be named as additionally insured. Ple·ase' also advise as to any specific restrictions or concer~s regarding the use of propane. If you have any que_st_ions or concerns, please feel free to contact me any time_. _ Best regards, Rachel Kane Tour Coordinator Stage & Effects Engineering rkane@jemfx.com 24932 Avenue Kearny Suite 1 Valencia, CA 91355 Office 661-702-1367 Fax 661-702-1368 231 724 ' 4178 P. 0 ·2 MAY-21 -200 2 12: 28 PM CITY.CLERKSsOFFICE FM- 32( 12-8B1 APPLICATION FOR FIREWORKS DISPLAY PERMIT Ac:t 358, P.A. 1968 1; A i \ ~ ;i/4zN . 1. TYPE OF DISPLAY: G1" Public Display • Agriculturol Pest Control 2, APPLICANT ,!; AOORESS AGE: Must be 21 or over .5'v/] ~ 1_ NAME OF PERS.f)N/ 2~~/..L ILA 1- Zt/43:2. ,1//" A-A/'it11, , -::;; IF A :7 ✓PORATION: Name of President AOORESS ;:;-//: 'ZL,,.n V 1/<-(u,..c,1A/ CA 1 tJ//s5S- 3. PYROTECHNIC OP&RATOR NAMfti I t'as/~'- /ll-1,,- AO DRESS L/llu r /;, 7~o..tJvJ/.M /4 ,z ~l"r1 -pS • I',,,,;- • 10 ~AOE: Must be 21 or over ~0 I EXf'fRlfNCE: NUM8ER-f YEARS NUM8ER OF DISPLAYS ":i"O + WHERE ~'-'-- /"l,:jv,.,../vt..L- ' vi--- ..c/'p(,:4 tocL NAP.IE$ OF ASSISTANTS: NAME h 5, t-pLt-A- J t~t-,:,'-... ADDRESS 1-/'l? I f't"vtri?<l •Jt ;~ :tf5()/J' t4, 9-0/ Z- I AGE -so' , NAME ADDRESS // AGE 4. HON-RESIDENT APPLICANT AODAESS NAM~ /tfi t,CA.- 5 l-/4. //ifr.d E. 5;~w£'rai'.urr//45 · tv1-- 1o?o?:. ~ e of Michigan Attorney or liesidont Aoent 11_ ////\- 11ft Wl!-r 1 AOORESS "?33 Airt!.dr a,/ /,{A,5,)..,,, ;I/; t/J"J/z TELEPHONE NUMBER ,;-11, o?w?-/sa::l 5, EXACT LOCATION 0F PROPOSED DISPLAY -ffrr;!11c 'J{,-£ ._(~~~i~JI!I ~~11/0 e /toz./4o o?-- 2- , I 1"-;./I:f'",,... TIME 6. NUMBER AND KIND$ OF FIREWORKS TO BE DISPLAYED ,,p/4,'--5'-- ~l!-v A,./4(:/~- .:5tt.~~ E I i---·- --··-. ·-· 40~· ·- .. --- -- ·- .. - - · ··· MANN;R, & /lAC~ OF _STORAGE~ ~SPLAY ( ,?b~ . 4--; -,,, /1. "-/~ - 5 ~:.._ &/ -- \ Subjoct to Approval of Local Fire Authorities ) 7, FINANCIAL RESPONSIBILITY I A. AMOUNT OF BONO OR INSURANCE I I,1-,·-:;ri.-o ull./. . o 73/.,/d 1-'/a.C(1rl\.{,,l() t to be St!t by rnun1clpal it v, $ if' /)(){) l 1t 1 8 : / ;0N..OING. 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INBURANCli A'l'FO!t.OEO 8V THE F01-1C1!!S OESCRIBE.O ti!l'<C!.11'. 13 $U~E.CT fQ Al,,L THl!Tfl\M5. ~:i,~~l"IISANO CO~IQN$0'1; lJCH 1'5.GIATC LIMITS f;HQWNMr.'V MAVI. 1!11..!.M ~,11n11!"1i;'\ P..,..l>A!l')CLAlr.15. " POLICY NUMBER ~---+---------1 LIM\f$ C1-CL04010520 02/09/0~ ' I O'fHER THAN! • AUT0¢ti!L.YI ·, EACKoaou 1mce •4 $ 000 ,000 C1CL04010S30 0.2/09/02 J.2/31/02 ~GMiGfl~· '4. 000 ,001?,__, ' JIONel~OC'ATiQN~NEH\CU!$11!,W!,,\!elON$ AO~r.o9'( IHDOIWiMCNT/SPC l~L P \llS'!ON!l ctt<ita«e ~a~k Landing, Showi Niek@lbaok Jim Be:uri. Tour 2002, Show 02/0~. lO pl\? NQ"?ICE OF Cl\NCELLi\TlON FO~ NON•~A= OF ~ W ' I SEE PAG& 2 11' RIDDITIOI\Al. u·.!SUR;iP; uit:i\JIUiR :.lm'CIC: _ CA~Ci!LLATIO» CTYMt!SF:: :St!OIJ.l,ll P,Ny Vf"ltt'ii A»QYCI ~ •aecNn:~ t,.0uo1cd ~il'lANOELI..li.l)Jil&.FORE'THE'FYP1RATION CIATI 'fliSREOf, Tlit ISSUfflG IN!SUftEK Wl~ !!HD ·: :voit 'r'O MAIL .,iQ_ DAYS WRITTEN ~t,.E;Pf, eor FAILUR~TO tl0$Q Stt,Ai.L City of Mnska9on UPONT~IN!jURiR, ~ p,G,ii;Nn, OJI 933 IJ!e.rraa@ Muskegon Ml 494 40 5183~~3 CTN~ 39~15 gE:11 Z00Z/90/90 10:44 °6'lH8 377 3899 ACORDIA OF CAL lii]OOOS/0005 /02 '"" ·,, ,, ., ...u-...... STAG!!.~2' MG! 2 PAD: OPID LW ' EA.TE 0.6.J,0~/02 ll~k t:,,.t"l.,:1,i.ng; Mi.ohipn.• C.otmty nF M11:r-rkegan, Mioh:i.cran.; Mu.sk.egon MMCS, Inc, dt,)il, We-.'.idia.n Entertainment. G:coup; Hcu:t-ti~g-e_: 89EcG0l !99 933 Terrace Street · OFFICE 231-724-6705 Muskei:ion, Ml 49440 FAX 231-724-4178 To: 77m or ;Je./~A From: Fax: Pages: Phone: Date: Re:. CC: • Urgent • For Review • Please Comment • Please Reply • Please Recycle ' //JJurq/JCe Sc.< l'l m r, . )..S I 11 Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Consideration of Bids Houston Ave. from Third to First SUMMARY OF REQUEST: The reconstruction of Houston from 3ed to 1st contract (H-1542), including the watermain, be awarded to Lakeside Construction out of Grand Haven since they were the lowest (see bid tabulation) responsible bidder with a bid price of $104,276.75. FINANCIAL IMPACT: The construction cost of $104,276.75 plus associated engineering cost which is estimated at an additional 15%. • BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Award the contract to Lakeside Construction. COMMITTEE RECOMMENDATION: HOUSTON, THIRD TO FIRST BID TABULATION CONTRACTO ADORES CITY,S FELCO 874 PULASKI AVE MUSKEGON, Ml .. 4.Jun-02 K&R 3435 BROADMOOR GRAND RAPIDS, Ml DIVERSIFIED 41 WASHINGTON. STE 268 GRAND HAVEN, Ml LAKESIDE 13840172NOAVE JACKSON-MERKEY 555 E WESTERN AVE GRANO HAVEN Ml MUSKEGON, Ml ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ABANDON WATER SERVICE 1 EACH $500.00 $500.00 $250.00 $250.00 $150.00 $150.00 $500.00 $500.00 $590.00 $590.00 'z ADJUST MANHOLE CASTING 6 EACH $490.00 $2,940.00 $525.00 $3,150.00 $400.00 $2,400.00 $350.00 $2,100.00 $535.00 $3,210.00 l AGGREGATE BASE COURSE, 22A, S- C.1.P. 1512 SYD $6.95 $10,508.40 $6.00 $9,072.00 $6.SO $9,828.00 $6.00 $9,072.00 $8.45 $12,776.40 BENDS, SN, 45 DEGREE, DI M.J. 4 EACH $300.00 $1,200.00 $400.00 $1,600.00 $300.00 $1,200.00 $250.00 $1,000.00 $475.00 $1,900.00 ' BIT APPROACH 1 TON $200.00 $200.00 $100.00 $100.00 $400.00 $400.00 $100.00 $100.00 $110.00 $110.00 ' BIT. LEVELING MIX 3C @ 220#/SYD 180 TON $60.00 $10,800.00 $47.35 $8,523.00 $52.00 $9,360.00 $48.00 $8,640.00 $48.00 $8,640.00 ' BIT. TOP MIX 4C@ 165#/SYD 135 TON $72.00 $9,720.00 $48.15 $6,500.25 $52.00 $7,020.00 $48.25 $6,513.75 $53.00 $7,155.00 'a CATCH BASJN CASTING EAST JORDAN #7045 OR EQUAL 4 EACH $515.00 $2,060.00 $815.00 $3,260.00 $400.00 $1,600.00 $500.00 $2,000.00 $640.00 $2,560.00 CATCH BASIN SPECIAL DETAIL 4 EACH $1,500.00 $6,000.00 $1,500.00 $6,000.00 $1,250.00 $5,000.00 $1,000.00 $4,000.00 $1,680.00 $6,720.00 ' 10 CONCRETE CURB & GUTTER, DETAIL F-4 MODIFIED 950 LFT $11.00 $10,450.00 $11.00 $10,450.00 $22.00 $20,900.00 $8.50 $8,075.00 $8.20 $7,790.00 11 CONCRETE DRIVE APPROACH, 6.. , STD. 207 SYD $32.00 $6,624.00 $30.00 $6,210.00 S26.oo $5,382.00 $24.50 $5,071.50 $25.25 $5,226.75 1Z CONCRETE SIDEWALK, 4M 550 SFT $4.50 $2,475.00 $3.00 $1,650.00 $3.00 $1,650.00 $2.15 $1,182.50 $2.30 $1.265,00 13 CONCRETE SIDEWALK, 6" 390 SFT $5.60 $2,184.00 $3.50 $1,365.00 $5.00 $1,950.00 $2.90 $1,131.00 $3.25 $1,267.50 1.t CORPORATION STOP 1• MUELLER#15000 OR EQUAL 8 EACH $280.00 $2,240.00 $200.00 $1,600.00 $150.00 $1,200.00 $450.00 $3,600.00 $250.00 $2,000.00 1s CURB STOP I" & BOX MUELLER #15150 OR EQUAL 7 EACH $290.00 $2,030.00 $265.00 $1,855.00 $150.00 $1,050.00 $450.00 $3,150.00 $270.00 $1,890.00 16 MACHINE GRADING 4.9 STA. $695.00 $3,405.50 $1,835.00 $8,991.50 $500.00 $2,450.00 $750.00 $3,675.00 $1,130.00 $5,537.00 17 MANHOLE CASTING EAST JORDAN #1000 OR EQUAL 3 EACH $580.00 $1,740.00 $225.00 $675.00 $400.00 $1,200.00 $400.00 $1,200.00 $645.00 $1,935.00 11 PAVT MRKG, OVERLAY COLD PLASTIC, 6", CROSS WALK 150 LFT $4.80 $720.00 $2.50 $375.00 $10.00 $1,500.00 $2.50 $375.00 $3.60 $540.00 19 PAVT MRKG, OVERLAY COLD PLASTIC, 18", STOP BAR 26 LFT $8.90 $231.40 $7.50 $195.00 S15.00 $390.00 $7.50 $195.00 $11.65 $302.90 20 PAVTMRKGWATERBORNE,4M, YELLOW 125 LFT $6.00 $750.00 $2.50 $312.50 $8.00 $1,000.00 $2.50 $312.50 $2.50 $312.50 21 RECONSTRUCTING MANHOLE 2 VFT $280,00 $560.00 $350.00 $700.00 $200.00 $400.00 $350.00 $700.00 $490.00 $980.00 u REDUCER 8" X 6" 0.1. M.J. 1 EACH $350.00 $350.00 $350.00 $350.00 $400.00 $400.00 $250.00 $250.00 $225.00 $225.00 23 REMOVING CATCH BASIN 7 EACH $590.00 $4,130.00 $275.00 $1,925.00 $300.00 $2,100.00 $200.00 $1,400.00 $535.00 $3,745.00 2.t REMOVING CONC. SIDEWALK 750 SFT $2.90 $2,175.00 $0.90 $675.00 $2.00 $1,500.00 $0.75 $562.50 $1.50 $1,125.00 :zs REMOVING DRIVE APPROACH 135 SYD $12.00 $1,620.00 $6.00 $810.00 $10.00 $1,350.00 $5.00 $675.00 $10.60 $1,431.00 Z6 REMOVING PAVEMENT (INCLUDING CURB) 1760 SYD $8.00 $14,080.00 $10.00 $17,600.00 $5.00 $8,800.00 $8.00 $14,080.00 $9.35 $16,456.00 'l.7 REMOVING TREES, 25" TO 36' 0 1 EACH $1,300.00 $1,300.00 $300.00 $300.00 $800.00 $800.00 $500.00 $500.00 $1,270.00 $1,270.00 28 SLEEVES LONG, 8", D.I. M.J. 2 EACH $500.00 $1,000.00 $1,100.00 $2,200.00 $300.00 $600.00 $250.00 $500.00 $575.00 $1,150.00 29 STORM SEWER, 12"', C-76 CLASS V 108 LFT $29.00 $3,132.00 $35.00 $3,780.00 $30.00 $3,240.00 $22.00 $2.376.00 $28.00 $3,024.00 30 TERRACE GRADING 458 LFT $13.00 $5,954.00 $6.00 $2,748.00 $8.00 $3,664.00 $10.00 $4,580.00 $9.75 $4,465.50 31 TRAFFIC CONTROL 1 LUMP $4,000.00 $4,000.00 $9,900.00 $9,900.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $4,445.00 $4,445.00 32 WATERMAIN, 8",0.1.CLASS 52 270 LFT $29.00 $7,830.00 $40.00 $10,800.00 $30.00 $8,100.00 $27.00 $7.290.00 $48.50 $13,095.00 3l WATER METER PIT, COMPLETE 1 EACH $450.00 $450.00 $750.00 $750.00 $800.00 $800.00 $850.00 $850.00 $830.00 $830.00 :w WATER SERVICE, 1", TYPE •K" COPPER 260 LFT $19.00 $4,940.00 $25.00 $6,500.00 $10.00 $2,600.00 $12.00 $3,120.00 $22.SO $5,850.00 35 WATER VALVE BOX AND COVER, COMPLETE 4 EACH $350.00 $1,400.00 $450.00 $1,800.00 $250.00 $1,000.00 $125.00 $500.00 $485.00 $1,940.00 TOTAL AMOUN $129,699.30 $132,972.25 $111,984.00 . . $104,ffl.75 $131,759.55 H-1St2 Hnu$1MI • lrd to Fh1 Bid Tabulation >d,i$he"'1 ENGINEER'S ESTIMATE APRIL 12, 2002 H-1542, HOUSTON AVE from 1st St to 3rd St STREET & WATERMAIN IMPROVEMENTS DESCRIPTION -------------'-----'------ QUANTITY UNIT UNIT PRICE AMOUNT --------t------'=~+-----'=-'----t--="---'-'-"=+--'--'==:_:_---1 ABANDON WATER SERVICE 1 EACH $250.00 $250.00 ___ 2;;-_,A_~D:,J::':U::':ST:':MA':'::'N:'H::-'O:=L=cE--=C'--'AS--=T=IN':'G=:----c----:::--::-:-::--------t--:-=6:--=----t-=cEACCC:::-'H--t--"$4-'-0:CO:'-.oc:o+--$:"2?,::-40:::0::_,0:::0:___ -- 3 ____ AGGREGATE BASE COURSE, 2_'2A,,_8~"--=C--=·'-~P------'------+-----'1--=5-:-12=-+-----;:S,:-Y':;D';-;--t---=::-$5:C:.:coo::--+_--"$'c7' ::5:;-60:c:·::-o"---o 4 BEN_D_s. 8", 45__D_EGREE, _DLM,J_ _ -------- . _ ------4__ _ EACH ___$"'2"0'::0:':.0c:0+_ _$"'8"0c:0:':.o"o'--l 5 BIT APPROACH 1 TON $100.00 $100.00 - - - - - - - - - - - -----t-----'---l-·--'---'"--'----j--"==c+--===-i 6 . _BIT_ LEVELING MIX 3C@ 220#/SY.-CD-----'------- --+-!-~"----+-T=-O=N-+-----'$4'--'-'-5--=.o--=o+-----'$C::8'-C,1--=o--=o:.:,Oc::0--1 180 7 BIT TO_P MIX4C@ 16511/1,YD ______ ___ ···- -····· 135 - - - TON _ $55.00 $7,425.00 8 CATCH BASIN CASTING EA_ST JORDA_N_#_~45_0R EQ_lJ_AL 4 EACH___ ____ $'-'5--=0--=0_:_.0:.:0+---'$"'2~,o--=o--=o-'-'.O"O'--l .. __9 __ CATCH BASIN SPECIAL DETAIL 4 EACH $1,300.00 $5,200.00 1_Q___G_ONCRETE CURB & GUTTER, DETAIL F-4 MODIFIED 950 LIN. FT. $9.00 $8,550.00 1_1 __ :c:oNCRETE DRIVE APPROACH, 6", STD. 207 _ ---- -- --==-+--=Sc:YC::D:--+--$"'3:"0:'-.o::Co+ __$:::6,,,2:::1,.:0:c.O:::O'-I 12__ CONCRETE__SID_EWALK,>f'_ _ 550 SFT _$=c2c--.:c75;:--t------c-$--'1,':=5c:c12=-.=-50c--, . 13_,CONCRETESIDEWALK,6" 390 --- SFY- -- $3.25 $1,267.50 14 'CORPORATION STOP 1" MUELLER #15000 OR EQUAL 8 EACH $300.00 $2,400.00 15 :CURB STOP I" & BOX MUELLER #15150 OR EQUAL 7 EACH $300.00 $2,100.00 ---+-----, 16 :MACHINE GRADING STA. 4.9 - ~$500.00 ··------------·---..- - - - - - - - --·--- ----------, - - --t- - - 1 - - -$2,450.00 ~~-- - __1_7___ JMANHOLE CASTING EAST JORDAN #1000 OR EQUAL 3 EACH $500.00 $1,500.00 _j8 __ ,PAVT MRKG, OVERLAY COLD PLASTIC, 6", CROSS WALK 150 LFT $1.50 $225.00 19 jPAVT MRKG, OVERLAY COLD PLASTIC, 18'', STOP BAR 26 LFT $2.00 $52.00 20-/PAVT_MRKG WATERBOF!t,i_E._4'',YEL~o;v___ -: _ _ 125 LFT $1.00 $125.00 21 'RECONSTRUCTING MANHOLE 2 VFT $300.00 $600.00 22 'REDUCER 8" X 6" D.I. M.J. ----------,--1---,- EACH $200.00 $200.00 23 :REMOVING CATCH BASIN -=-7~-i·····- EA_CH_________ $,--=50--=0-'-.occo-t-----=$3~·=-50c-:0~.0--=0-1 • 24 !REMOVING CONC. SIDEWALK 25 'REMOVING DRIVE APPROACH 750 ___ , __S_F_T_-t--_-t$_1_.o_o__,__ ~-$--=7=-50=-.0=-0C7 135 SYD $8.00 $1,080.00 ------·- 26 !REMOVING PAVEMENT (INCLUDING CURB) 1760 SYD $9.00 $15,840.00 27__ _iREMOVING TREES, 25" TO 36" .. ______ -·· 1 EACH $1,000.00 $1,000.00 28 _SLEE_VES_LCl_NG,8", D.I. M.J. ___:2=-------f-EACH _$--=3_0_0._00-+----=$6_0_0_.o-to 29 :.STQRM SEWER,_12'\_<;:7_6._C:::LA=-=S-=S__.V_ _ _ _ __ ---+-1Q~----- ·- LFT $30.00 $3,240.00 30 TERRACE GRADING ___ -----'45"'a'---+--LFT -f-------'$"'8"'.o--=o+-_$""3"',6:.:6--=4:.:.o--=--10 31 TRAFFIC CONTROL . __1____ ·-· LUMP __ $3,QO.-'O"-',O--=O-t-----=$--=3,:.:0--=00:.:.0--=0'--I 32 WATERMAIN,8'.',D.I.CLASS 52 ___ /·····-·2··-7_0.... , LFT _ $30.00 $8,100._()Q__ 33 LWATEI, METER PIT, COMPLETE ____________ ------·-- _ _:_1_-+-----'E--=A-'-C'--'H-'---+--$'-'5'--'5--=0'--',0--=0-t--_~$--=5--=5--=0_:_.0:.:0 ___ 34 __,WATER SERVICE, 1", TYPE "K" COPPER 260 LFT $16.00 $4,160.007 35 _ WATER_\/AL_V§_BClXIINDC:ClVER, COMPLETE __ ______ _ _____.4 ________ ··- EA__C--=H-----'--+-----=$3_0--=0--=.0_0-+-__$~1~,2_0_0_.0_0--, SUBTOTAL -- ------ -·------ -- -- --+"· -- - - -----,--,J-,--- .... - $106,261.00 _ . _________1_ 5'¾~o_E_N_G__I_N_E_E_R_IN_G-+-_ --- _____ _ ------ --· ·- -----t--$~1_5~,9_39_._15__, TOTAL $122,200.15 Date: June 111, 2002 To: Honorable Mayor and City Commission From: City Clerk Gail Kundinger RE: Economic Development Revolving Fund Program Policies and Guidelines SUMMARY OF REQUEST: To adopt the amended policy for the Economic Development Revolving Fund Program. FINANCIAL IMPACT: None. BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION:. To adopt the policy. COMMITTEE RECOMMENDATION: The Community Relations Committee recommended adoption of the policy at their June 3, 2002 meeting. 2002-71 (ct) CITY OF MUSKEGON ECONOMIC DEVELOPMENT REVOLVING FUND PROGRAM POLICIES AND GUIDELINES PURPOSE The purpose of the City of Muskegon Revolving Loan Fund is to promote economic development in the City of Muskegon through the provision of capital for new and expanding locally-sited businesses, with a special emphasis on minority and female entrepreneurship. The Revolving Loan Fund is intended to supplement but in no way replace conventional financing sources. POLICY Financing will be made available for sound business purposes where there is a reasonable expectation of repayment, but where conventional lenders are unwilling or unable either to accept the total risk or to make financing available under terms and conditions which the applicant can afford. Priority under the program will be assigned to ventures with conventional participation and minimal use of public funds either for the project itself or for supporting public improvements. Principal and interest repayments on loans from the Fund will revert to the Fund for support of similar activities. In extraordinary circumstances, the Fund may be used to finance public improvements necessary to support private developments, where those impr-ovements are critical to the success of the project, and where the overall development will result in creation of permanent, full-time jobs. The Fund, however, is intended to be permanent and self- sustaining, and no disbursements should be made without the expectation of full and timely repayment. I. ELIGIBLE ACTIVITIES Loans from the Revolving Loan Fund can be used to finance acquisition and development, including land acquisitions as well as rehabilitation, modernization, and conversion of existing facilities and purchase of machinery and equipment. Working capital loans will only. be made if essentiai to the creation or retention of jobs. Project must conforrn;,ie·focal zoning and/or building codes . .,,,.. ' Loans may be used to finance industrial, commerc:ial and multi-family residential development which is conformance with the properties and restrictions established for this program. 1 A. Industrial Development 1. Job Creation or Retention - It shall be a goal to establish or retain one permanent job for Muskegon residents for each $15,000 in financing provided by the Fund. Projects involving the hiring of City residents or long-term unemployed will be more favorably consider-ed. 2. Project Location - Preference will be given to industrial projects which promote sound land use planning in one or more of the following ways: (i) location of a new industry in an industrial park; (ii) relocation of an industry to achieve conformance with an official land use plan; (iii) reuse, renovation, or modernization of facilities currently located in areas appropriately zoned. 3. Type of Industry - Priority will be assigned to growth industries with little or no negative impact on the environment. B. Commercial Development 1. Job Creation or Retention - It shall be a goal to establish or retain one permanent job for Muskegon residents for each $15,000 in financing provided by the Fund. Projects involving the hiring of City residents or long-term unemployed will be for favorably considered. 2. Project Location - Preference will be given to financing for commercial development projects to be located either in the downtown, or on the lakefront and in conformance with official land use plans. Also, preference will be given to projects involving · the renovation or preservation of historic or architecturally significant structures. 3. Type of Business - Priority will be assigned to commercial development which contributes to a diversification of the area economy, with little or no negative impact on the environment. C. Residential Development -, ",!'.,:~" Preference ~Ill be given to financing for market rate commercial housing to ·be located in the downtown. Also preferences will be given to projects involving the renovation of preservation of historic or architecturally significant structures. II. LOAN POLICIES A. Assistance from the Revolving Fund may be made available in the form of loans or loan guarantees, under terms established by the City 2 Commission with the advice of the Loan Fund Advisory Committee. All loans should be secured by assets having a value equal to or exceeding the loan amount. No loan or loan guarantee shall be extended if funds are otherwise available from private lenders or other federal agencies on terms which will permit the accomplishment of the project. B. It is the City's intent that the RLF loan portfolio be well diversified. Accordingly no single loan or series of loans to a single recipient will be allowed which exceeds twenty percent (20%) of the net collectible assets of the Revolving Loan Fund, with the exception of a significant public - private partnership project (in which case the amount may exceed 20%). C. The applicant shall provide at least twenty percent (20%) equity in the total business or project. It is the intent of this program that loans be made to supplement (but not replace) private financing where such private financing alone is insufficient to make otherwise worthwhile projects feasible. Accordingly, no loan will be made unless private financing equal to at least fifty percent (50%) of the total project cost has been secured (or can be confirmed contingent upon RLF loan approval). No more than thirty percent (30%) of total project costs should be provided by the Revolving Fund for a new business, or forty percent (40%) of total assets for expansion of an existing business. "Total Assets" as used here includes those assets anticipated to be purchased or constructed with proceeds of the requested loan. Interest rates will normally be set at one-half of the prime rate (as quoted in the daily Wall Street Journal) plus two percent (2%). The term of a loan shall not exceed five (5) years, or three-fourths of the estimated economic life of the structure, whichever is less. A loan to a tenant .may not extend beyond the unexpired term of the lease, excluding any options to extend the term of the lease that have not been exercised prior to loan approval. D. Applicants will be · required to submit a business plan, financial statements, including balance sheets, income statements, and supporting statements, for the applicant's three (3) most recent fiscal years. A credit check will be conducted on all applicants and may be used in determining the applicant's credit worthiness. In addition, the City will require submission of projected pro forma balance sheets and income statements, cash flow, and supporting statements of the applicant on a quarterly basis. Appljcants may also be -required to submit additional information as deterr~ffied by the City or the Advisory Committee. E. Loan conditions wilfinclude the following, as determined by the City: 1. Fire, hazard, and normal business insurance on all assets for the term of the loan; 2. Subordination of the applicant's shareholder debt and all debts of shareholders to the loan; 3. Restrictions on salaries and dividends during the term of the loan; 3 4. Personal guarantees (including spouses and security in other assets); 5. Such other conditions as the City determines are necessary to assure the safety and soundness of the loan. 6. Favorable credit check; 7. Adherence to the City of Muskegon's Affirmative Action policies and goals, including submission of an up-to-date affirmative action plan; and 8. Current and projected employment profile detailing place of residence, racial and gender characteristics, and employee classifications. F. Loans will be approved only on the condition that the applicant not relocate facilities or employment outside of the City of Muskegon during the term of the loan. To the extent possible, loans will be approved only if it can be demonstrated that the collateral exceeds the loan amount. G. Principal and interest payments will commence on the date(s) set by the City. The applicant must submit quarterly financial statements in conformance with Generally Accepted Accounting Principles (GAAP). Ill. ADDITIONAL LOANS The RLF is intended to be a one time financing source for business start-ups and expansions. Requests for additional financing from the RLF will only be considered under extraordinary circumstances. Such requests, in addition to meeting all of the aforementioned loan criteria, will be considered only if (a) at least fifty percent (50%) of the original loan balance has been repaid; and (b) all payments required under the original loan repayment schedule were made in a timely fashion. IV. LOAN FUND ADMINISTRATION Prior to making any loan commitment from the Revolving Fund, the City will first obtain the advice of the Loan Fund Advisory Committee (LFAC), a committee of five members appointed by~~l! Mayor and Commission approval. Membership on the committee will be as follows: A. Two representatives from the City Commission; B. One representative from area financial institutions; C. One public sector representative; and D. The Finance Director or Designee. 4 V. EXTRAORDINARY CIRCUMSTKJcES A. It is the intent of the City Commission that all loans conform to the policies and guidelines outlined herein. Accordingly, each loan application submitted to the City Commission for approval must include a summary "scoresheet" indicating whether or not the proposed loan adheres to each of the specific policies and guidelines in this document. B. Notwithstanding the above, it is recognized that the assets of the Revolving Loan Fund may be used for projects or purposes not contemplated here or for loans that do not meet all of the policies and guidelines outlined. In such cases, approval by a two-thirds majority of the City Commission will be necessary. Commission approval shall be required for the use of funds for public improvements, purchase of land or equipment by the City, or other public purposes. 91-86e Economic Development Revolving Loan Fund Policy 1 8-27-91 Adopted J une 11, 2002 . Gail A. Kundi nger eity Clerk :, ~!}:~,-. ~. 5 Date: June 11, 2002 To: Honorable Mayor and City Commission From: City Clerk Gail Kundinger RE: An Ordinance to Adopt the Michigan Vehicle Code SUMMARY OF REQUEST: To adopt the Michigan Vehicle Code by reference. FINANCIAL IMPACT: None. BUDGET A~TION REQUIRED: None. STAFF RECOMMENDATION: To adopt the ordinance. Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Light Fixture & Exit Signs Replacement in the basement @ City Hall SUMMARY OF REQUEST: Authorization to enter into a $16,970 contract with Belasco Electric, out of Muskegon, to replace a total of 177 outdated fixtures in the basement of City hall with a TB lamps & electronic ballast in accordance with the recommendation outlined in the energy analysis ~ report prepared by Tower Pinkster Titus Associates earlier this year. According to the report, the fixture replacement will have a 5. 72-years payback and an expected life of 25- years. FINANCIAL IMPACT: The cost of $16,970. BUDGET ACTION REQUIRED: None at this time. The cost will come out of the City Hall budget and any necessary revision, if one becomes necessary, will be reflected on a future quarterly update. STAFF RECOMMENDATION: To approve a contract with Belasco. COMMITTEE RECOMMENDATION: EXECUTIVE SUMMARY The City of Muskegon agreed to participate in the State of Michigan's School and Local Government Energy Initiative program. An Introductory Energy Evaluation report was performed for the City Hall and eight other buildings, the report for which was published in January of 2001. In August of 2001, the City contracted with Tower Pinkster Titus Associates, Inc. to serve as the energy analyst to prepare the Technical Energy Analysis report which follows. The building is approximately 30 years old and houses the City of Muskegon's municipal offices and police department. Its two floors and basement comprise an overall occupied area of approximately 60,000 square feet. The building envelope is primarily concrete masonry unit construction with double glazed windows and a low overall glass to wall ratio . Natural gas and electricity are the two energy commodities which are used for supporting the building's internal functions and maintaining occupant thermal comfort. For the study period which covered the twelve consecutive utility billing months ending with June of 2001, energy consumption statistics were as follows: Commodity Annual Usage Annual Cost EUI* Natural Gas 70,168 ccf $33,324 120,455 Electricity 1,112,056 $64,102 63,239 Total $97,426 183,694 * Energy Utilization Index in BTU's per square foot ,The energy analysis was performed using Elite Software's EZDOE program which is a "front ·end" for Berkley Laboratories' DOE 2.1. This tool was used to build a theoretical model of the building which emulated its energy performance. A base model having reasonable correlation with actual energy consumption data was subsequently manipulated to emulate the various energy conservation recommendations so as to define their individual and collective impact on future energy use. Most of the recommendations defined in the report are related to the building's HVAC and lighting systems. A single recommendation is also proposed for the domestic water heating system. The envelope components were found to be performing satisfactorily and no recommendations are made. The entire program, which is recommended for full imp 1ementahon, 1s summanze. d mt . he fio11owmg tabl e: -- -- -- ECM Description Cost Savings Payback Useful & Page ($) ($) (years) Life DH-1/11 DDC control ooint for domestic hot water circulator 500 183 2.73 10 HC-1/12 New hot water boiler/summer shutdown of steam olant / 42,600 3,001 14.20 20 HC-2/13 Occupancy-based outdoor air ventilation manal!ement 17,520 6,000 2.92 15 HC-3/14 Separate occupied/unoccupied control for reheat zones 9,570 1,488 6.43 15 ·· L-1/15 Storage room occupancy sensors 1,136 1,165 0.98 10 852 270 3.16 10 L-2/16 Toilet/Janitor Closet/Conference Room occuoancy sensors 3,023 5.72 25 I 17,302 -r-;? ~ L-3/17 Light fixture and EXIT sign replacement ~ PROGRAM TOTALS 2 89,480 15,130 5.91 - I -- - -- f To: Mohammed Al-Shatel From: JR Gann Date: 4-8-02 This is to recommend Belasco Electric of Muskegon to replace our lighting fixtures in the basement of City Hall and Police dept. The energy audit advised us the cost would be $17,302. And the low bid is from Belasco for the price of $16,970. We will replace the existing fixtures with electronic ballasts and T-8 tubes. JR Gann Bldg. Maint. Supvr. City of Muskegon , CITY OF MUS~EGON TELEPHONE BID. ,.. .TABULATION Date Z. - / 9. . 0 ---- Requisition ________________ Name of Bidder· Harne of Bidder. Name of Bidder Vendor (J 1h vJ.-. F /,._ r...,T .. w;'{-T~ ;;;..... c.,f. J?e.,)o. Seo r='(~<.,-J-. Telep~one Num er 17'?, - 00l 1 7 2-2.- :-? C/ 9) ' Quoted By 6).oQe/ 1? 1' / f I( &\\N\ 1.1 e,"' ~ Cl • '' P,'ck I. Unit .., · Ur.it V \I Unit .. Quantity Description Price Total Price '.Price .. Total Price Price Total Price R,_ e., f I ;,. c,.__ 'ii di- -f'/1-"ti,,, it 5 . J: i,, &, v.._ L. ..... 11..... ii . . ' ~ ._ t, --=-- '" J,,,,,,.q_""'.__'--"---r I I,, I' t,,.,, ] ----j > WI '-5 ;t, 1:9/, /(_;, ?70, . , l,j I }--1, 1· <t' ;,.,., 11 's.SI /,.,.. t-'1 '- I e-,5 7 IN1 .," ¼ .. ..J.. ,:::-1 .I.,~ ' I d,;it;,r"f~ f-'--"""' 1'v,, ,. . ,...- v - . btJ _-fa~ r ,s .. iJ ra.. If~ ,--fJ i I ~ -I ~ . ',_ J-, •J,, ,_vh h j i,; "'] t-h p,,,, J I ; yltS;I~,_,/.._ I , I I i . ··~ -/~ •--:--·-... --. TOTAL BID $ $ i $ i Cash Discount Terms I F.O.B. I Deliver/ Ti mi Fro'?J i Receipt o Pure ase rder .. 02/19/2002 12: 0Fi :?137?2181-4 BELASCO ELECTRIC PAI:£ 02 BELASCO . ~ c231> 122-3991 QUOTATION ELECTRIC ~~ FAX 722-1814 Co., Inc. ~ 1391 Peck st. Muskegon, Ml 49441 COMPLETE ELECTRICAL CONTRACTING '7 - r c:.:. l.,."'i o F /YI u.s~~"' 7 DATE O cSI, - / 0 ;)_ Cl'3'3 ~ c £ . . PAGE { OF ( rt1-"- fi~ 6,. ow, m::c li-"1' 9-Q REFERENCE t.. , b f./-r, N G (.,,(,P &'1-ADE=- i..!'TTENTION: ~..R_ ('f;,4,vl\l .J ro /2... C- I T 'I ,-Mt,{.., WE ARE PLEASED TO SUBMIT THE FOLLOWING OUOTATION FOR YOUFI CONSIDERATION: IXIANTl1Y l)UCRIPTION UNI.PRICE 1) P/J.t c.£ AS ():EQu.J=.~T#<:, -ro !/I !{,I q70,oo ~Mc.£. ,t... I(,,, tl-T FI /(TI:.,( ,'I£ s {0 ' r& EE. ,ttJel2- G, .,. S ,+c.J I fV (;:,, s-ryL£'. ~ l~ "(<.,t(U!;. Q...,. ANT ITY AN I':> S7fJ.E- AS f' 0 J,,,1,-0 W S: Description Quantity ' 2L-20T12 vs. 2L-t7T8 14 2L-40T1.2 VlS, 2L-32T8 120 4L-40T12 vs. 4L-32T8 27 2l•24U vs, 2l•17T8 4 2L-96T 12 vs• .(L•96T8 5 2L-96HO vs.2L•l:IIIT8HO 4 1l.-40T12vs. L-3218 1 Exit Inc. vs. t;Xit LED 2 ffctc£ :kuCJ..<A.()si..S ! 41,,t.- ~ o~, M7£PI~ ;:,. I <; PO ~Al_ 0 F t=°\ '1:."rGJ. r?,,/; 5:_, Af\lC> p f!/2,,,., IT!:. AN'-/ a<A.loSctc:,,-,JS Pt.E-45£- CAvt-. / 77 f /~ 970,IJO OEI.JVEAY j F.0$. I Tlilll.tl: '1< '{, /e~ IMf'ORfANI PRICES C00D FOIi ACCEPTANCE ANP ,>IIPMEIIT IN SQ DAI'$ OH~Y, UNLESS SUCH 'Ill" 19 U1'£HD£11 IN WAITIHC, GUANTITl&I SMOWN ABOVE ARE NOr QUARANTEE.11. 03/11/2002 14:59 FAX 2317731897 WIRTZELECTRICINC la) 01 '. ELECTRJC & COMMUNICATIONS 1675 s. 5""'1dan • t.fusi<egon, Ml 49442 lndl,l,$1rial and C ~ a l PhDne (231) TT:l-0018 Fax (231) 773--18D7 March 11, 2002 Proposal No. 24738 City of Muskegon Allentioo; J.ll GalUl 933 Teaa<:e Strec:t Muskl:gun, MI 49443 Dear Mr. Gann: Thank-you fur the opportunity to submit a quo(e for the light fixmre n:placemeut in the bascmCl11 an::a of the City Hall- Wim includes the following: I';/ • JlisamneaiOI\ lellllJYa), and off-iilC clisposa1 of :iir(fixtures of various types, • Replagemem. oftbe abow fixtunos wilh the follolVing 1ypes of fixtures. (24) 2x4 4-Jamp trolfcrs (26) 2."<4 2-lamp tmlfe:rs (16) 2xl 2-Jamp trolfe:rs , (23) Ix4 2-lamp surface wrap (4) lx4 4-lamp smfucc wmp (9) lx41-lampsrumoewmp (16)4" 2-lampindu5tJialS (4) s· 2-1amp industrials (2J) 8' 2-lamp surlace wmp (2) )x4 2-lamp strip (4) I.HJ exit si.gns All new fuclure,s to have electronic ballasts and TS lamps. TOTAL SIB,B9J.OO This price is based 1JJ)OII fixture replaoement only. Should Ill}' code vin!ptjons he eJICllllllleml in the c.isting wiring system, those JllPQit1 aro Ml included. Sboctld yoo have llllY questiOIIB, please call All~arc~tobeaa~mdtbc:1bowwOlktobo~itli1~Mhthclh.~1Ddspo;i°limil;u~iPJ!ld fos- •bml~w(lflc attd awqibtdia. • eubntNlltl ~iom.1111H:1". Ally . ~ v o otdevi~ from1hoa'bcrle ~es!lm; mvoivingex&ni tvlt,. will boexeadad ~ly upon writtm or&n. mdwill bccom&: m ~ d:u111c,;: \!'I« :avtdll.baw ori&ina] C!iUDll.e. A l l ~ ~ llpCfJ !ifwz, aa::idm.a, or-dclap bc:ywdour~ O'il'a«1'> oattyflf6. tomadn, .anddhcz"DGa21WJ ~upm.boV.t;wotk,. Worlunan's Compmo1im .,_d :Public Linbilily ~ on 21bovi!!Wor\. '6 betatm out by WlltZEl.mricad Camn.ui~r;, TIIISPROPOSALM.WBE WITHDRAWN BYUSIFNOT ACCllPtt!J WlTIIINJ0 DAYS. c2,oo o< - 71 {l) CITY OF MUSKEGON AGREEMENT FOR SERVICES OR CONSTRUCTION Small and Limited Projects THIS IS AN AGREEMENT between the CITY OF MUSKEGON ("City"), 933 Terrace Street, Muskegon, Michigan, and Belasco Electric Co., Inc. ("Contractor''), of Muskegon , Michigan, for a small or limited project, and is made in the following terms: Agreement and Performance Contractor agrees to perform and supply all the services and materials set forth in the Statement of Work attached to this agreement, ("Performance"). Contractor's performance shall be accomplished in good and workmanlike manner, to the satisfaction of the City. Performance shall be completed on or before 7-31-02 . Contractor will perform as set forth above for the complete contract price of $16,970.00 Conditions and Covenants Contractor will comply with all laws, rules and regulations of the City, and any other local government of the State of Michigan and the United States Government. Contractor will supply insurance as required by separate written document, naming the City as an additional insured, if appropriate, and shall carry such additional insurance coverage's as are required by the City. Contractor shall hold the City harmless against any and all claims for damages or costs made against the City arising from Contractor's performance, including all costs of defense, attorneys' fees, expenses and the amount of any damage determined against the City. Contractor certifies that it is eligible for performance of government work and has not been cited or listed for failure to comply with Wage and Hour or prevailing wage regulations of the State of Michigan or the Federal Government. Termination and Cancellation This contract may be terminated for failure to perform in accordance herewith, and Contractor shall be liable for normal contractual remedies available to the City. In the event liquidated damages for nonperformance age agreed to, the following amounts constitute liquidated damages: $ N/A per day of nonperformance. Nondiscrimination Compliance Contractor agrees to comply with all nondiscrimination laws, rules and regulations and policies of the City, State and Federal Governments including, but not limited to, the provisions of Executive Order 11246, Affirmative Action Requirements for Disabled Veterans and Veterans of the Viet Nam Era and for Handicapped Workers. If required by the City and appropriate for the services in this contract, Contractor shall comply with City oversight procedures. The provisions of all said policies, rules, executive orders and laws regarding nondiscrimination and affirmative action are available from the City by contacting the Affirmative Action Director of the City, City Hall, 933 Terrace Street, Muskegon, Michigan, telephone 724-6703. The City may supply a copy with this contract in its discretion. The parties agree to performance of this contract by signing below. The effective date of this agreement is June 17 2002 ,t~ ~/SJ~ CITY OF MUSKEGON Contract Between City of Muskegon and Belasco Electric Co. Inc. STATEMENT OF WORK See attached scope of services. Initials: Contractor: - - - - City: _ _ _ _ __ (staff member) .. 02/19/2002. l2:0E; 213772181.il . . ·.· BELASCO ELECTRIC PAC:£ 02 . BELASCO. es_._·.. (231>m-a991 .. QUOTATION_.-·. ELECTRIC l.'hi C:O., Inc. E.··. FAX 722-1814 ·.· 1391 Pack Sf. · Muskegon, Ml 49441 · .· COMPLETE ELECTQICAL CONTAACTIN$ · WE 111\E Pl.E;t.SED TO SUBl,MT IBE FQl.LO\'MIG QUOT)ITtOli FQR YOUFI CONSIDEAATION: IIIIAN'IITY -Ill! Rill 1011 . UNITl'FIICI ij Pat c...6 AS /l£CJ'-' ,J;r~771f!o ~o ~~ k fr.,. f-1.. -r . Ft Kr'-< ll.l!i$ -ro re £E..,v£:t'2. Go...,. s ..-..; 1 ""' r,,,,. s rJll.£. . F l )cru t'U! Q 1.1- A.v "r ITY ANO S 'J'/J.ft.. .,.,.: AS • f /l..( c.£ '3/tJO,;i.A.. ( ~ ! · · A, jd... ~ D i 2 ; ~ ~1c:Po!i;A,t_ c:,P- t:,.,_,.,.-c.1n$S: . . . _- ti' AAlb . f£!12,...1TS_. •. ·. l 77 U,>.8. ·.·. Tiia.,i: 1,- c"i ~,.,.A,.._ · C . ACORQ. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (616)454-7153 FAX (616)454-1718 06/19/2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I DATE (MM/OD/VY) Universal Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 648 Monroe NW - Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Rapids, MI 49503 INSURERS AFFORDING COVERAGE INSURED Belasco Electric, Inc. INSURER A: Hastings Mutual Insurance Co. 1391 Peck St. INSURER B: Muskegon, MI 49441-2123 INSURER C: INSURER D: INSURER E: ' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA LTR TYPE OF INSURANCE POLICY NUMBER P~}t~~:if68;QrE p2k!fl1~~xm:JlgN LIMITS ~NERAL LIABILITY cPP9369531 05/01/2002 05/01/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,000 7 CLAIMS MADE [K] OCCUR MED EXP (Any one person) $ 5,000 A ~ PERSONAL & ADV INJURY $ 1,000,000 .. . GENERAL AGGREGATE $ 2,000,000 h·LAGG~nE ~ UMIT APnS PER: PRODUCTS· COMP/OP AGG $ 2,000,000 PRO· POLICY JECT LOO 1 _ AUTOMOBILE LIABILITY LilCV9369525 05/01/2002 05/01/2003 COMBINED SINGLE LIMIT $ ~ (Ea accident) ANY AUTO 1,000,000 ALL OWNED AUTOS - BODILY INJURY (Per person) $ SCHEDULED AUTOS A - - X HIRED AUTOS BODILY INJURY $ .X NON-OWNED AUTOS (Per accident) '- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY· EA ACCIDENT $ ANY AUTO EAACC $ OTHER THAN AUTO ONLY: AGG $ 00 EXCESS LIABILITY OCCUR • CLAIMS MADE LILC9369523 05/01/2002 05/01/2003 EACH OCCURRENCE AGGREGATE $ $ 2,000,000 A R DEDUCTIBLE RETENTION $ 000000 $ $ $ 2,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC9369532 05/01/2002 05/01/2003 ITORY LIMITS I IVER" A E.L. EACH ACCIDENT $ 500,000 E.l. DISEASE· EA EMPLOYEE $ 500,000 E.l. DISEASE· POLICY LIMIT $ 500,000 OTHER 1..DESCRIPTION OF OPERATIONSJLOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ~ity of Muskegon is added as Additional Insured. CERTIFICATE HOLDER l l ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAIL City of Muskegon ____lq_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: JR Gann 933 Terrace Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 536 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Muskegon, MI 49443-0536 AUTHORIZED REPRESENTATIVE Walter Wendell fo'~al- 11,., () f' ACORD 25-S (7/97) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER Th.<, Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Shoreline Dr. East Rail Purchase SUMMARY OF REQUEST: Authorize the sole source purchase of 7,542.9 feet of rails necessary to construct the new railroad as part of the proposed Shoreline Dr. East for a total cost of $72,439.44 in accordance with the City/CSX agreement which was executed back in 1999. The rails will be sold to the successful contractor. FINANCIAL IMPACT: The cost of purchasing the rails of $72,439.44. BUDGET ACTION REQUIRED: None at this time. The cost is expected to be a part of the anticipated grant from MOOT. STAFF RECOMMENDATION: Approve the purchase of the rail and authorize staff to issue a purchase order to buy the rails. COMMITTEE RECOMMENDATION: Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: TEDF Category F-Grant Applications SUMMARY OF REQUEST: Your permission to submit TEDF Category F Grant application for the Milling & Resurfacing of Sherman Blvd. from Lincoln to Beach Street. Estimated cost is $300,000. FINANCIAL IMPACT: A 20% match plus engineering cost which are estimated at $100,000 if the project is approved . • BUDGET ACTION REQUIRED: None at this time. However, should the project get approval, we would have to include it in the 2003 Capital Improvement Budget. STAFF RECOMMENDATION: Approve the submittal of the grant application. COMMITTEE RECOMMENDATION: Resolution No. 2002-72(a) MUSKEGON CITY COMMISSION RESOLUTION APPROVING APPLICATION TO THE STATE OF MICHIGAN TRANSPORTATION AND ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Michigan Department of Transportation has made available grant funding for the roadway project deemed necessary to advance economic development projects; and WHEREAS, the City of Muskegon desires to continue the improvements of it major street system; and WHEREAS, preliminary cost estimates associated with each project have been identified, NOW, THEREFORE, BE IT RESOLVED, that Staff is authorized to submit application to the Michigan Department of Transportation - Transportation and Economic Development Corporation in various amounts to be matched with local resources. /j Resolved this 11th day of June, 2002. Ayes: Larson, Schweifler, Spataro, Warmington, Buie, Gawron Nays: None Abstentions: Shepherd (absent) RC/g CERTIFICATION 2002-72(a) This resolution was adopted at a regular meeting of the City Commission, held on June 11, 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 LO.~· By _ _ _~ - - - -- - ~ ~- - - -- - Gail A. Kundinger, City 6ferk Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: Black Creek Road Project SUMMARY OF REQUEST: Direction as to whether or not a special assessment should be created to mill and resurface Black Creek Rd. between Sherman & Latimer. As instructed, the engineering department mailed letters to all business owners abutting Black Creek Rd. between Sherman & Latimer to gauge their interest in paving the aforementioned section of Black Creek Rd. in light of the recent commission action to limit the assessable amount to 45% of the total cost of improvements. A report on the response from businesses will be provided during the meeting. FINANCIAL IMPACT: None at this time. BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: Authorize staff to proceed with preparation for a public hearing to create a special assessment district. COMMITTEE RECOMMENDATION: *L et.c..M'--- ,_\.i,,_-<,}- u..) ~ u,.JJ,f / Q<l.,~ c~ r CM.- c ..cc<-).,0 i jl_J:t,.<.-, - SCr - __I:' (Z:: '-( C,~L \)C)) ,.:io·, (l<:Ss (J,:.,/J D IT f'i&ll-,-..>'> \/<ES '< ~ t i , c A,tion 616l'I1t§7~ J, ·· j eif 1-fd' .FAxnl,l-1 4 ~ A.....,, .l Y.1' ,I lil,-.J ) &l6n1u1os vfYA., '1V'i:J · FA:<nl4-4178 ~j.,.P\ Cemete:ry 616nl4-6783 FA."<nl6-~l7 Civil Senice 6t6nl4-6716 West Mlcblf!an's Sborellne Qty FAxnl4-405~ Clerk 6t6nM-670~ FAXfll-l-4178 May 30, 2002 Comm. & Nei&h, Sen-icn 616n24-6717 RE: Black Creek Road, Shennan to Latimer FAxnl6-l!'i0I Engineering 616nl4-6707 FAXnl7-6904 Dear Property Owner: Finance 616n24-67tJ Recently, the City of Muskegon's Commission Board took action to amend the special FAxnZ4-6768 assessment policy to limit the total assessment on any street improvement project to no more Fire Dept. than 45% of actual cost associated with street pavement. 616nl4-679l FAxnl4-698~ Income Tax During that meeting and as a result of the aforementioned action, the engineering department 616/724-6770 was instructed to contact the property owners along Black Creek Road between Sherman & FAxn24-6768 Latimer to seek their view on revisiting the previously proposed construction on Black Creek Info. Systems Road in light of the above mentioned changes. 616nu-61M. FAXnll-4301 ••:••To aid you in the evaluation process I submit the following figures; Leisure Service 616/714-6704 FAxn24-ll96 I. The total estimated cost of the project is $ I 40,000 (bid price of $118,000 plus 20% Manager's Office engineering). 616/724-,6724 2. Assessable amount according to the amendment is $63,000 (45% of$140,000) FAXflll-1214 3. The total assessable footage along the proposed project is 4566' Mayor's Office 616/714--6701 4. Therefore, the per foot assessment is revised from $17.70 to $13.80 FAX/722-1214 Neigh, & Const. The Engineering Department intends to submit this issue to the City Commission on the l I th of Services June 2002, as to whether or not a special assessment district should be created and to proceed 616171+671~ FAXfl26-Z,0I with the originally proposed improvements. We very much appreciate you taking the time to review this information and indicate on the attached response card your feeling (in favor or Pl • nninz!Zonin& 616n24-6702 against) by signing in either area. FAxn24-6790 Police Dtpl. In order for your vote to be considered, please return your response to the Engineering 616/714-6750 FAXflll-.5140 Department no later than June I 11h, 2002. Your response can be faxed to (231) 727-6904. Public: Works 6t6n2'4l00 If you have any questions and/or comments, call (231) 724-6707. FAxn2l IU • Trea,um Thank you, 6t6mun~/} - · FAxn14-67 ~ / ' .,, /4 / b /.5-tlf{ Water sm1n1 pl Mohammed Al-Shatel, P.E. 61•mu111 FAxn1u168 c·1ty Engmeer . S.\ENCirNEERJNG\COMMON'\2002 MASTER FILE\PROJECTS\black creek f0ad.Hl$)6\Commiuion Amendment.doc Waler FIitration 6t6m4-4106 FAxn5~~290 City of Muskegon, 933 Terrace Street, P.O. Box S36, Muskegon, Ml 49443-0S36 BLACK CREEK 2ND REQUEST STREET OWNERS_NAME OWNERS ADDRESS OWNERS CITY OWNERS STATE tt:. BLACK CREEK RD SOUTH SHORE PROPERTIES :;;; 2300 BLACK CREEK MUSKEGON Ml BLACK CREEK RD CITY OF MUSKEGON / 933 TERRACE ST MUSKEGON Ml BLACK CREEK RD BJELLC / / 1985 E LAKETON AVE MUSKEGON Ml BLACK CREEK RD CITY OF MUSKEGON / 933 TERRACE ST MUSKEGON Ml BLACK CREEK RD BLACK CREEK RD BLACK CREEK RD e,o~sne,1/ WESTSHORE ENG & S U R / "°'" R S B PROPERTY L L C 2534 BLACK CREEK ROAD 1489 US31 NORTH 2265 BLACK CREEK RD. MUSKEGON TRAVERSE CITY MUSKEGON Ml Ml Ml BLACK CREEK RD SIGN GRAFTERS • 2325 BLACK CREEK MUSKEGON Ml BLACK CREEK RD CITY OF MUSKEGON / 933 TERRACE ST MUSKEGON Ml BLACK CREEK RD TRACE ENVIRONMENTr / 2241 BLACK CREEK MUSKEGON Ml c?'· BLACK CREEK RD CONSUMERS ENERGY / 4000 CLAY AVE SW GRAND RAPIDS Ml ,/ LATIMER DR BEKAERT STEEL WIRE 2121 LATIMER DR MUSKEGON Ml OLTHOFF ST REID TOOL SUPPLY CO 2265 BLACK CREEK RD MUSKEGON Ml OLTHOFF ST STATE OF MICHIGAN / PO BOX 30050 LANSING Ml ~.... ~. :ti'~;':,; . ' . ,::::·,ff;~:, •· ·-'-"'·,~;:~ .. ,.JJ:·."'£• . •. __ --;;;;·;;,in-. Thu-"-· . .,_ •n _;<~~ ;.l~ir~~ RESPONSE CARD Black Creek Road, Sherman to Latimer YOUR VOTE COUNTS! Please vote in either favor of or opposed to the Special Assessment Street Paving Project I AM IN FAVOR • I AM OPPOSED • Owner._ _ _ _ _ _ _ _ _ _ _ __ CoOwner/Spouse._ _ _ _ _ __ Address._ _ _ _ _ _ _ _ _ _ _ __ Address._ _ _ _ _ _ _ _ __ Signature_ _ _ _ _ _ _ _ _ _ __ Signature_ _ _ _ _ _ _ __ •••• THANK YOU FORTAKING TIME TO VOTE ON Tms IMPORTANT ISSUE Mail to: City of Muskegon 933 Terrace St. Muskegon, MI 49442 OR Fax To: (231) 727-6904 " . S:\ENOfNEEJUNO\COMM() MASTEk Fll..E\PROIECTS\bladt cnek road-HIJl6'Commiuk>ft Amendment.doc H-1536 BLACK CREEK, SHERMAN TO LA TIMER 2ND PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION Ell: PERCENTAGE TOTAL NUMBER OF PARCELS -14 FOR OPPOSE LETTER# ST# ST NAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET TOTAL ASSESSABLE FRONT FOOTAGE 4566.750 ..*.. 2451 BLACK CREEK 24-695-000-0056-00 309.33 2350 BLACK CREEK 24-134-400-0006-00 285.00 FRONT FEET OPPOSED 1832.63 40.13% 2300 BLACK CREEK 24-134-400-0003--00 658.30 2325 BLACK CREEK 24-134-400-0002-10 300.00 RESPONDING FRONT FEET IN FAVOR 0.000 0.00% 2534 BLACK CREEK 24-695-000-0055-00 280.00 NOT RESPONDING - FRONT FEET IN FAVOR 2734.120 59.87% TOTAL FRONT FEET IN FAVOR 2734.120 59.87% TOTALS 0.00 1832.63 TABULATED AS OF: "##### 04:36 PM ~ . 6/11/02 4:36 PM 2nd TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON BLACK CREEKxls MUNN PROPERTIES PAGE 01/01 06/11/2002 06:02 2319413385 (,_ ~S,( J~ I \-H--1 __ ) RESPONSE CARD Black Creek Road, Sherman to Latimer YOUR VOTE COUNTS! .- . ·- ,. - . - ~__.,. _.. · -· -· - -i'lea:1e vote irteilliei favor of'or opposed to the Special Assess~ent Street Paving Project I AM IN FAVOR • I AM OPPOSED ~ °""'~~-,.~ co0w.,.,...,.. .l'f~i11d::Js:'!--.,_...,..,._ l / . ~ ~ --~-~~re I .J/'11,tfl:, Ad""•~ Signatur ~1 1f ; .._,. THANK YOlJ FORTAKING TIME TO VOTE ON TlllS IMPORTANT ISSUE MaiJ to: City ofMuskegon933 Terrace St. Muskegon, Ml 49442 OR Fax To: (231) 727-6904 $~tNO.COMMOlll2001 MASTERFlt.i\nOIECTSlblack cne.lr ..-J.fflS36\Com111inion All\tllHlmwil.doc PORT CITY GROUP PAGE 01 05/31/2002 14:25 2317777319 RESPONSE CARD Black Creek Road, Sherman to Latimer YOUR VOTE COUNTS! -- . - •- ----·~ -- - -----· --·--- Please vote in either favor of or opposed to the Special Assessment Street Paving Project I AMIN FAVOR • I AM OPPOSED ~ Owner &uce 0- (::5'5G-Y CoOwner/Spouse ------ Address ~ Signature 9.35<J,~ ~ ~fGa( /<./)Address Slgnaturec_ _ _ _ _ _ _ __ , THANK YOU FORTAKING TIME TO VOTE ON TlfiS IMPORTANT ISSUE Mail to: City of Muskegon 933 Terrace St. Muskegon, Ml 49442 OR Fax To: (231) 727-6904 \ RESPONSE CARD Black Creek Road, Sherman to Latimer YOUR VOTE COUNTS! ..... ---·---·' -· - --.-• , •·· -.-·.--- ..--- ······-·-··· .. Please vote in either favor of or opposed to the Special Assessment Street Paving Project IAMINFAVOR • IAMOPPOSED ~ J/f}RIJog ~oril Z::A/le"(?.1~6$ - Owner J,4 ,yes I) . "I) ( JNC. Ac/ CoOwner/Spouse_ _ _ _ __ ' Address 2. '3 t>-o 'T? 1..4<,K ~(?~EK., Address_ _ _ _ _ _ _ __ Sii:nature~dtV::r f(1 ::::r::> ( t ::f e n:- Signature_ _ _ _ _ _ _ _ _. ~ T ~YOU FOR TAKING TIME TO VOTE ON TIDS IMPORTANT ISSUE (231) 727-6904 10/t0 39\ld dOId31NI lNOd~dO8d\lH 0S8€LLL tEZ t 9S!tt Z00Z/0t/90 RESPONSE CARD Black Creek Road, Sherman to Latimer YOUR VOTE COUNTS! Please vote in either favor of or opposed to the Special Assessment Street Paving Project I AM IN FAVOR • I AM OPPOSED CoOwner/Spouse_ _ _ _ _ __ Address ---------- • __, Signature_ _ _ _ _ _ _ _ __ THANK YOU FORT AKING TIME TO VOTE ON THIS IMPORTANT ISSUE Mail to: City ofMuskegon933 Terrace St. Muskegon, MI 49442 OR Fax To: (231) 727-6904 S:\ENOTNEERING\COMMON\2002 MASTER FILE\PROJECTS\black creek road,H 1536\Comminion Amendment.doc Sent By: WESTSHOAE CONSULTING; 2317733453; Jun-11-02 3:30PM; Page 1 /1 Westshore Consulting 2534 Blacl<.Crcck Ro•rl • Muskegon, Ml 49~44 Ph: (231) 777-3447 • flf: (231) 7rJ-:J45'.! F.111;til: Wc:s,;shorel (ij>.aol.(<1111 MEMORANDUM To: Engineering Department, °{.tyy ooff M ~uuskego , Dute: _J_u_n_e_J_.1_,_2_0_0_2_ _ From: Dexutis W. Dunlap, ~EO ( _ . ~ ~ F i l e No. _N_A_ _ _ _ __ Re: Assessment for Work on Black Creek Road Wcstshorc Consulting believes work proposed on Black Creek Road should be paid for from the LDFA II fund. It appears this fund has a significant balance, and the use of these dollar$ would seem appropriate. Ir lhese f'unds are not available, Westshore votes no on a Special Assessment. , HEARING DATE JANUARY 22nd,2002 H-1536 Milling & Resurfacing-Black Creek, Sherman N to Latimer 24-134-400-0003-10 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET: 0 933 TERRACE ST COST PER FOOT: $18.00 @ 2330 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: ~I_ _ _$_0_.0_0~I 24-134-400-0006-00 BJE LL C ASSESSABLE FEET: 285 1985 E LAKETON AVE COST PER FOOT: $18.00 @ 2350 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $5,130.001 24-693-000-0036-00 BEKAERT STEEL WIRE CORP ASSESSABLE FEET: 598.45 2121 LATIMER DR COST PER FOOT: $18.00 @ 2121 LATIMER DR MUSKEGON Ml 49442 ESTIMATED P.O. COST: I $10,772.101 24-694-000-0038-00 RS B PROPERTY LL C ASSESSABLE FEET: 1045.,l,6 2265 BLACK CREEK RD. COST PER FOOT: $18.00 @ 2265 BLACK CREEK MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $18,820.08 I 24-694-000-0039-00 REID TOOL SUPPLY CO ASSESSABLE FEET: 366 2265 BLACK CREEK RD COST PER FOOT: $18.00 @ 2246 OLTHOFF ST MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $6,588.oo 1 24-694-000-0053-00 STATE OF MICHIGAN ASSESSABLE FEET: 0 PO BOX 30050 COST PER FOOT: $18.00 @ 2225 OLTHOFF ST LANSING Ml 48909 ESTIMATED P.O. COST: ~'_ _ _$_0_.o_o~' 24-695-000-0055-00 WESTSHORE ENG & SURVEY ASSESSABLE FEET: 280 2534 BLACK CREEK ROAD COST PER FOOT: $18.00 @ 2534 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $5,040.00 1 6/11/02 Page 2 of 3 SPECIAL ASSESSMENT HEARING DATE JANUARY 22nd,2002 H-1536 Milling & Resurfacing-Black Creek. Sherman N to Latimer 24-134-400-0001-00 CONSUMERS ENERGY ASSESSABLE FEET: 142.23 4000 CLAY AVE SW COST PER FOOT: $18.00 @ 2200 BLACK CREEK GRAND RAPIDS Ml 49501-020 ESTIMATED P.O. COST: I $2,560.14 I 24-134-400-0002-00 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET: 61.2 933 TERRACE ST COST PER FOOT: $18.00 @ 2285 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $1,101.60 I 24-134-400-0002-10 SIGN GRAFTERS ASSESSABLE FEET: 300 2325 BLACK CREEK COST PER FOOT: $18.00 @ 2325 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $5,400.00 1 ' 24-134-400-0002-20 TRACE ENVIRONMENTAL SER ASSESSABLE FEET: 396.33 2241 BLACK CREEK COST PER FOOT: $18.00 @ 2241 BLACK CREEK MUSKEGON Ml 49442-000 ESTIMATED P.O. COST: I $7,133.941 24-134-400-0002-30 PLANNING DEPT C/O CITY OF M ASSESSABLE FEET: 124.35 933 TERRACE ST COST PER FOOT: $18.00 @ 2400 BLACK CREEK MUSKEGON Ml 49443 ESTIMATED P.O. COST: I $2,238.30 1 24-134-400-0003-00 SOUTH SHORE PROPERTIES ASSESSABLE FEET: 658.3 2300 BLACK CREEK COST PER FOOT: $18.00 @ 2300 BLACK CREEK MUSKEGON Ml 49444-000 ESTIMATED P.O. COST: I $11,849.40 I 6/11/02 Page 1 of 3 HEARING DATE JANUARY 22nd,2002 H-1536 Milling & Resurfacing-Black Creek. Sherman N to Latimer 24-695-000-0056-00 MUNN PROPERTIES LLC ASSESSABLE FEET: 309.33 1489 US31 NORTH COST PER FOOT: $18.00 @ 2541 BLACK CREEK TRAVERSE CITY Ml 49686 ESTIMATED P.O. COST: I $5,567.94 1 SUM OF ASSESSABLE FOOTAGE: 4566.75 SUM OF ESTIMATED P.O. COST: $82,201.50 1 TOTAL NUMBER OF ASSESSABLE PARCELS 14 PARCEL WITH $0.00 TOTAL ARE EXEMPT • 6/11/02 Page 3 of 3 Commission Meeting Date: June 11, 2002 Date: May 29, 2002 To: Honorable Mayor & City Commission From: Planning & Economic Development Department07° RE: Request for Proposals for Buildable Large Vacant Parcel at the Northeast corner of Marquette and Getty SUMMARY OF REQUEST: To approve the advertising of a Request for Proposals (RFP) for a large parcel of land on the Northeast corner of Marquette and Getty described as: LOT 655 AND 658, AND THE SOUTH 60' OF LOT 659 (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF LOT 659) MUSKEGON URGAN RENEWAL PLAT NO. 4, AS RECORDED ON UBER 19, PAGES 19-22, MUSKEGON COUNTY RECORDS FINANCIAL IMPACT: The sale of this large parcel for a housing development 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: The Land Reutilization Committee (LRC) recommended advertising of a Request for Proposals for this large parcel of land at their May 28, 2002 meeting. 5/29/02 Resolution No. - - - MUSKEGON CITY COMMISSION RESOLUTION APPROVING THE ADVERTISEMENT OF A REQUEST FOR PROPOSALS (RFP) FOR A BUILDABLE LARGE VACANT PARCEL AT THE NORTHEAST CORNER OF MARQUETTE AND GETTY. WHEREAS, the City-owned the buildable parcel located on the N01theast corner of Marquette and Getty is a potential development site for residential development; and WHEREAS, City policy regarding the sale of large blocks of land states that it is the "preference of the City that these lots be sold as a single parcel to individuals with the means to develop the land for multiple single-family units or multi-family units ... "; and WHEREAS, the sale of this parcel would generate additional tax revenue for the City and relieve the City of further maintenance costs; WHEREAS, the Land Reutilization Committee recommends to the Muskegon City Commission adve1tisement of a Request for Proposals for development of this parcel; and WHEREAS, the Request for Proposals is consistent with City policy regarding the disposition of large blocks of City-owned land; and NOW THEREFORE BE IT RESOLVED, that and Request for Proposals be advertised for the following property: LOT 655 AND 658, AND THE SOUTH 60' OF LOT 659 (AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF LOT 659) MUSKEGON URGAN RENEWAL PLAT NO. 4, AS RECORDED ON LIBER 19, PAGES 19-22, MUSKEGON COUNTY RECORDS Adopted this _ _ day of June, 2002. Ayes: Nays: Absent By: _ _ _ _ _ _ _ _ __ Stephen J. Wamington, Mayor Attest: - - - - - - - - - - Gail Kundinger, Clerk CERTIFICATION I hearby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Commission of the City of Muskegon, County of Muskegon, Michigan at a regular meeting held on June 11, 2002. By:----------- Gail Kundinger, Clerk "ti a J ':!I }j[Ifillfr{J ~;;_: :"~- -~~~---~--- • ~1l ___________ r~~:J ~: : :_-_-_- J ..,o' -11_1--l-r.-_J l=JL/_[_ ~ B__ l io' ~[l·.-[..rrrr~r!itl=~~]: ~11_1---ll~[-1 ~rJ ~= £ .., "ti a _-- ______ l 1- [BT_ __ - - - - - ~,;HiO~OR ~~--~~~-"--'-----~2d l (/j _[IJJl: ,-~\ . OAKHILL DR - - -- -~ .--1~--11===--~ --1- __ ~-- J-1JJ]-n~-=-~.-:=-_-cc_¼~ ~I ~- - _-_1, -- - JI - _[__ ~--1~~7 r---1~~-j -_-_--~-- -~ I fitl~~ rril~ ... *II gi .Q: a 7J a l! --~w~z m AGENDA ITEM CITY COMMISSION MEETING June 11, 2002 TO: MAYOR AND CITY COMMISSIONERS FROM: Bryon L. Mazade, City Manager DATE: June 4, 2002 RE: Fisherman's Landing Relocation SUMMARY OF REQUEST To authorize an additional 90 days for staff to negotiate a development agreement with Great Lakes Dock & Materials to relocate Fisherman's Landing. The original 90 days has expired and while significant progress has been made on this project, additional time is necessary to complete this transaction. FINANCIAL IMP ACT None BUDGET ACTION REQUIRED None STAFF RECOMMENDATION To approve the request. COMMITTEE RECOMMENDATION None designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the City of Muskegon for the former Lakos property, with conditions. The conditions ere included in the Amendment Agreement, and include an extension of three years, at the inclusion of which a new building will be constructed on the site. Conditions include the requirement that a paved. landscaped p-::rking lot will be constructed on the site in the interim. If the parking lot is not ccr.structed. in accordance with requirer.ients of the Engineering and Planning Departments, by May 31, 2002. the original staff ;ecommendation of January 8, 2002 will be in effect. FINANCIAL IMPACT: None BUDGEi ACTION REQUIRED: None STAFF RECOMMENDATION: To approve the Amendment Agreement and authorize the Mayor and Clerk to sign. Motion by Commissioner Schweifler, second by Commissioner Lcrson to epprove the written request from Holiday Inn Muskegon Harbor/Muskegon Hosplk;lity l11c. to extend the construction time period designated in the Purchase Agreement between Muskegon Hospitality, Inc. and the City of Muskegon for the former Lakos property, with conditions. ROLL VOTE: Ayes: Buie, Gewron, Larson, Schweifler, Shepherd, Spetaro, Warmington. Nays: None MOTION PASSED b. Fisherman's Landing RFP. LEISURE SERVICES SUMMARY OF REQUEST: To direct staff as to which proposal. if either, to pursue for the use of Fisherman's Landing. FINANCIAL IMPACT: None BUDGET ACTION REQUIRED: None STAFF RECOMMENDATION: See attached COMMITTEE RECOMMENDATION: The Leisure Services Board recommended that to delay action for 30 days to allow both parties to work out an agreement, but to work with Great Lakes to determine what an equal swap may be during that time. The public hearing opened at 6:13 p.m. to hear and consider any comments from the public. Public comments were heard from Chris Kelly (6:18), Mr. Burns 6:27), Dave Wendtland (6:44), Wayne Grossbeck (6:56), Skeeter Warner (7:01) (Charlevoix survey passed out). Debra Hawkins (7:01), Don Zutter (7:31), Jack Harrington (7:35), Greg Wagner (7:37), Thomas Hamilton (7:39), William Barefoot (7:43), and Joan Benedict (7:47). A recess was given at 7:19 and reconvened at 7:31. Motion by Commissioner Spataro, second by Commissioner Schweifler to edopt in principel the proposal submitted by Great Lakes to relocate Fisherman's Lending end to present a Development Agreement to the Commission in 90 deys. DATE: May 23, 2002 ~Aut~~ ,J, TO: Honorable Mayor and Commissioners ~ ~ FROM: Robert B. Grabinski, Director of Inspection Services ~t4i\i w,, RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 00-63 Address: 1916 Leahy. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1916 Leahy is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #00-63, 1916 Leahy, Muskegon, Ml Location and ownership: This structure is a church (Revival Temple) located on Leahy in the Marsh Neighborhood between E. Holbrook and Keating Avenue. Staff Correspondence: A dangerous building inspection was conducted on 7/11/00, a notice and order to repair was issued 8/18/00. The case was brought before the HBA in January 2002. The case was tabled for 30 days because Rev. Duncan called the Inspection Department and spoke with Bob Grabinski, stating that repairs were finished and he would call for a final inspection. A final inspection was scheduled, but the Rev. failed to appear for it. The building inspector said repairs are started, but not finished. The case was brought before the HBA again in March 2002 and no one from the church appeared. The case was declared substandard, a public nuisance, and dangerous building on that date. There has been no contact from the church since scheduling the inspection. Owner Contact: There has been no contact since the Jan. 2002 HBA meeting. Financial Impact: General Fund Budget action required: None State Equalized value: NA- church Estimated cost to repair: $3,000 F:\lnspectio11s\Grabi11ski_l.orraine\ Word\CC MEETINUS\Agenda 1916 !.eahy.doc page I of2 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\lnspcctions\Grnbinski__ Lorraine\ Word\CC MEETINUS\Agenda 1916 l.eahy.t!oc page 2 of2 J-l- I _ l! I ;1--- - l I------ ---- r=-=_: ·.--- i'l -"'-f '"- - __ ------ ,OL_ - 1_ -- --- ------ - : !-~==- ---- ~ ! :, : ~=~-:= gl- - - ~f~---- - --- ' , :----1--- - ;~--- "' I ~ m 85! ~-------11 -- :r---_- r---- ------]-: J------- - i- ' - l-_-_-_- ,,,f-~=]; - = ~ _]--: ~1====== 0 (j 1ao --- _____ _ ---1 ------~ =-==-- =-===-; --i ,* ----r:i----- --------: _ 1 --=~---; "-=-=--7 ~ l J---I---~ J====~, 'f' ___ , -----rr: =~~~=-; }~==-- -- --- - - - _ -_ _ { -- - 12: ___Jr----o~-----~ 9------- s i --- ; " g--------- --- ¥ J-- ~lilJ J g :-:r~~ b :_-----1' --- : )----~ _:_:_:_, }-=-=, _:__:it:_Jn { I' --- ~ t::_:_: - : l=_:_-:_: _:-__:-: l_- -- -t,___I_ l i - - -- ! l-::_-_-_-_ - --- ; }--- ~ ' _______ i _ I _lis J- - ------- -- I_ -----" ---"r--=--~-=- _ _ _ _ _. ____________ 0 _ _ _ _ 1___ r __ L - For The Inspection Dept. 41'1523 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER PROPERTY &] @f@ldit., '"') PLATE# 11313 DESCRIPTION Plat A Muskegon Hts 22. & 23 & 24 Blk 26 FROM RECORDS OF TRANSNATION TITLE COMPANY LIBER: 1987 PAGE: 367 DATE OF DEED: April 25, 1997 GRANTOR: I f iifl'6f:Fl1:::r'rffi'iilffllffi'lllli:.i~tilranlfibl1'.;1'~~1\I GRANTEE: LIENS OR MORTGAGES: 1987-371 Mortgage DATE: June 27, 200°;it 8: ~o AM ABSTRACTED BY: ~ TRANSNATION TITLE INSURANCE COMPANY ~e The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. TAX REPORT Affecting land in Muskegon County, Michigan described as follows: Lots 22, 23 and 24, Block 26, Plat A Muskegon Heights of the Revised Plat (of 1903) of the City of Muskegon. as recorded in Liber 3 of Plats, Page 71, Muskegon County Records. Permanent Property No. 61-24-675-026-0022-00 An examination of the records for the period of fifteen years prior to the date hereof shows no Taxes or Special IR1)rovement Assessments unpaid, sold, subject to redenption or deeded, except as specified below. TOis report includes information obtained from the records in the office of the Treasurers of Muskegon County and of the City of Muskegon after said information has been received by the Treasurer in the form of an assessment roll. This report also includes, but without any representation by Transnation Title Insurance Corrpany as to the accuracy thereof, information obtained from Village and Township Treasurers, and from Treasurers of Cities other then the City of Muskegon, Inheritance or Estate Taxes end Federal Tax Liens, if any, are not included in this report. Taxes are exempt, however, assessment and delinquent usage has been added to tax bill. CITY OR VILLAGE TAXES None. STATE AND COUNTY TAXES I 1997 Sidewalk Assessment tax due in the amount of $506.00, if paid by July 31. 2000, plus penalties and interest. if any. 1998 Sidewalk Assessment tax due in the amount of $337.89 and Delinquent water/sewer usage due in the amount of $685.21. if paid by July 31, 2000, plus penalties and interest. 1999 Sidewalk Assessment tax due in the amount of $355.14, if paid by July 31, 2000, plus penalties and interest. Current status of sidewalk.assessment: Payoff $1,496.37, if paid by July 31. 2000. Current status of Delinquent water/sewer usage due in the amount of $1,722.37. MEMBER OF MICHIGAN LAND TITLE ASSOCIATION AND AMERICAN LAND TITLE ASSOCIATION \ Form No. H867 .6 (Previ0<1s No. T814) !I NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: May 23, 2002 1916 Leahy (Address of Property) TO: All owners and interested parties: Revival Temple Church. 1916 Leahy, Muskegon, Ml 49442 (Name of Owner) Rev. James Duncan Jr. 309 E. Hackley, Muskegon. Ml 49444 (Other interested parties) On March 7, 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on June 11, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on June 11, 2002 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the ab9ve structures. ~a:r~GfilEALS CITY OF MUSKEGON INSPECTIONS DEPARTMENT, By-11------------------ R ert B. Grabinski, Director of Inspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC I CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: March 12, 2002 To: Revival Temple Church. 1916 Leahy, Muskegon. Ml 49442 Owners Name & Address Rev. James Duncan Jr. 309 E. Hackley, Muskegon. Ml 49444 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, March 7, 2002 does hereby order that the following structure(s) located at 1916 Leahy, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC I r NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Robe B. Grabinski, Director of Inspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH.DOC ( •··. CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: February 26, 2002 Address of the Property: 1916 Leahy. Muskegon MI Description of the Structure: Plat A Musk. Heights Lots 22, 23. & 24 Blk 26 TO: Revival Temple Church. 1916 Leahy. Muskegon. MI 49442 [Name & Address of Owner] Rev. James Duncan Jr. 309 E. Hackley. Muskegon. MI 49444 Names & Addresses of Other Interested Parties] Please take notice that on Thursday. March 7. 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace. Muskegon. MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following strncture should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order issued 8/18/00. At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. Hblivi~~F CITY OF MUSKEGON INSPECTION DEPARTMENT, :y APPEALS Rober! B. Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARO FORMS\NOTICE OF HBA HEARING.DOC 23ln24-6703 FAX/722-1214 ( Auusor 231n24-6708 FAxn26-Sl8I Cemetery 231n2u1SJ FAX1726-5617 CMIScnfc:e 231nl4-67l6 FAX/71....... 05 West Mkblgan's Sbordlne Oty Clerk 231nl4-670S FAX/724--4178 Comm. & Neigh, Servtc:cs 231nl4-6717 January 8, 2002 FAX/716-2501 Engineering Revival Temple Church 23ln24-6707 FAX/727-<i904 1916 Leahy Muskegon, Ml 49442 Fln•ncc 231n24-<i7l3 FAX/724"'768 Rev. James Duncan Jr. Fire Dept, 309 E. Hackley 1J1n24-4,192 FAX1714-6985 Muskegon, Ml 49444 Income Tax 23l nJ.4-6770 Re: 1916 Leahy FAxn24-6768 Info. Syatem1 Dear Rev. Duncan: z31n1u1« FAX1722-4301 On January 3, 2002 the Housing Board of Appeals heard your case on the above Leburc Service 13Jnl4-6704 structure. FAX/724-1196 Manager's Office The board's determination on this case was to table this until the February 231/714-6714 FAX1712-1214 meeting to allow you to call for final inspections on the repairs. Upon final inspections being approved, this building will be removed from the dangerous Mayor's Office 231/724-6701 building list. FAX/722-1114 Inspection Serrlces 2J1n24-611s FAX1726-2501 If::;:;• a~y '""';:'· pl~~" ~,me• •1 · tJ.s. Postal Service CERTIFIED MAIL RECEIPT '2 ~ · u-r::~ Planning/Zoning (Domestic Mail Only; No ln~urance Cuvc'raye P1uv 231/724-6701 FAX/724-6790 crtxX.. 1-\e.~ ~ Police Dept. 231/724-6750 FAX1722-5140 Public Works Ro ert B. Grabinski Director of Inspections RBrulg .u-, . u- -.. . .,_--'-' .,-----1 ~ "' L. ~~~;~---~r---=== •..,. ru a-, ..a ~~ Postage $ 231n24-4100 FAX/7224188 rn Re IT) (E Return Aece/ t F, Treasurer 231/724-6720 N CJ CJ (Endor ,..-=, Restri (Endor CJ CJ ndorsement Re~u/~ feJlricted Del/vary Fee n °rsement Required) ,-----J Pootma,lc" H,,. FAX1724-6768 CJ Total CJ Total Postage & Fees r,$;;------J ru ru Water Billing Dept. U'J RfflJ lJ'J t n l ' s Name (P CJ f\.· CJ .. . ~ .'feasePrtntC/earty)(Tob N;::orI'~~ ~ ;,;.,) 231/714-6718 FAX/714-6768 CJ StrSe"i CJ Slreet, Api, Water Flllratlon 231/714-4106 ~ c,i,,·.• Rc,;,,·;;,;;;;z,;;,:,.........~~.~~:.....:::::::::...:::....::::. ···. ·· ·... ··········: FAX1755-5190 City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 Pennit Page 1 of 1 I .. Permit Details )Street Address: !!1916 LEAHY ST I !Prop No: I!24-675-026-0022-00 I !Owners Name: IIREVIVAL TEMPLE CHURCH! /Owners Address:,!1916 LEAHY ST MUSKEGON Ml 49442 !Permit Number: l!EL-00-0612 I !Permit Type: !!OTHER I !company Name: !!FOSTER ELECTRIC. I j !Contractor: l!Yes I !owner: l!nla I !Value: l!nla I !Residential: IIYes I jcommercial: IINo I !Industrial: IINo I !Description: ll1NSTALL CIRCUIT FOR SIGN I !category: . ]!SIGN I !Spec Cond: 1~{13 I jPermit Date: II 12/05/2000 I '!Issued Date: .. ]!12/06/2000 I jPermit Fee: 11$0.00 I ! 12/26/2001 City of Muskegon .. ./p_old_data.cfm?DPennitNo=EL-00-0612&PID=3967&CFID=l994&CFTOKEN=7803543 12/26/01 Permit Application Approval ( Page 1 of 1 .. Building Permit Application ~ iStreet Address: 111916 LEAHY ST I !Property Number:II24-675-026-0022-00 I :owners Name: IIREVIVAL TEMPLE CHURCH I jowners Address: 111916 LEAHY ST , MUSKEGON Ml 49442 I !Permit No: IIBD-01-6006 I !Requested by: Jlowner I !Contractor: IN/A !Architect: IN/A !Category: IIBUILDING I !Permit Type: !!ROOFING I !Type of Building: IP iDescri ption: IIREPLACE 9 SHINGLES IN CORNER OF ROOF! !Dates: ![App Date: 09/06/2000 Issue Date: 09/10/2001 I !Value:. . 11$100.00 I .. . .... -·--·-·- ' ! Item l!auantityj ,j,IBuilding Per111it Feel! 23.51 I This application has been approved Approved: Yes r- Nor By: /Henry Faltinowski _i] Note: Date: 09/15/2001 ' EDIT PERMIT JChoose name _i] PIN: I 12/26/2001 City of Muskegon http://int.. .Ip_add _permit_app_ approve.cfm?PID=6006&Type=BD&DPermitNo=BD-0 1-600 12/26/0 I c· CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: December 21, 2001 Address of the Property: 1916 Leahy, Muskegon MI Description of the Structure: Plat A Musk. Heights Lots 22, 23 & 24 Blk 26 TO: . Revival Temple Church, 1916 Leahy, Muskegon, MI 49442 [Name & Address of Owner] Rev. James Duncan Jr., 309 E. Hackley, Muskegon, MI 49444 Names & Addresses of Other Interested Parties] Please take'notice that on Thursday, January 3, 2002, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5 :30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your progress on the stated property as required in the finding of facts order issued 10/16/00. At the hearing on Thursday, January 3, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. By_-+----------------- Rob rt B. Grabinski, Director oflnspections F:IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMSINOTICE OF HBA HEARING.DOC r' \f\lrmJ1i,,.. .-\~lion r ~JI .,~~6'.'0J ( F.\.\. "'2~•1214 .\.ssessor 231 72~6708 FAX 7!6--5181 Cemelery 23117!4-678) FAX:726-5617 Ch'il Senice 2Jl/724-67J6 FAX/724--4405 October 16, 2000 Clerk 231/724-6705 FAxn24-4178 Comm. & Neigh. Revival Temple Church Sen·lces 231/724-6717 1916 Leahy FAX/726-2501 Muskegon Ml 49442 Engineering 231n2-t-6101 Rev. James Duncan Jr. FAX/727"6904 309 E Hackley Flnam:e 231/724-6713 Muskegon Ml 49444 FAX/724-6768 Fire Dept. Re: Dangerous Building Case# 00-63-1916 Leahy, Muskegon Ml 231/724-6792 FAX/724--6985 MUSKEGON HOUSING BOARD OF APPEALS Income Tax 231/724-6770 FAX/724-6768 FINDING OF FACTS AND ORDER Info. Systems l3ln24-6744 FAKnll.-4301 The following action was taken at a session of the Muskegon Housing Board of Leisure Service 231/724-6704 Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on FAX/724--1196 October 5, 2000. The Inspection Services Department of the City of Muskegon, Manager's Office having inspected the building structure, located upon the property described as 231/724-6724 Plat A Muskegon Heights Lots 22 & 23 &24. BLK 26, also known as, 1916 FAX/722-1214 Leahy, found the conditions listed on the attached pages exist and that these Mayor's Office conditions are hazardous as defined in Section 4-23 of the Code of Ordinances. 231/724-6701 FAX/722-1214 Inspection Services The Board has ordered for a work schedule to be submitted to the Inspections 231/724-6715 Department and an inspection is to be done by the Building Inspector. FAxn26-2501 Planning/Zoning Please contact the Inspection Services Dept. at (231) 724-6715 with any 231/724-6702 FAX/724-6790 questions or concerns. Police Dept. 231/724-6750 Sincerely, FAX/722-5140 PubUc Works 231/724-4100 FAX/7224188 Treasurer 2311724-6720 F AX/724-6768 Y.G~ Fire Marshal/Inspection Services Dept. Water Billing Dept. 231nz.._,;11a . F·:-• ~7 .. 6 8 Water FUtntfon 2311724-4106 FA.Xli5S-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 .-Vilrm111h·e Action Bl/7!4-6703 ' FAX1722-1214 ( Assessor 2Jln2U708 fAXi726-518l Cemetery 2Jln2U78J FAX/726-5617 CMIStrvke 2J1n24-67t6 FAX/72.c.-4405 West Mldilgan's Sborellne Oty Clerk 131n>4-6705 FAX/724-4178 CITY OF MUSKEGON Comm. & Nel&h, StniCH NOTICE OF HEARING ON 23 ln24-6717 FAX/726-2501 DANGEROUS AND UNSAFE CONDITIONS Engineering HOUSIN~ BOARD OF APPEALS 231n>4-6707 FAXnl7""6904 Finance 23In24-671J FAX/724-6768 September 25, 2000 Fire Dept. 231n24-6792 FAX/724-6985 Revival Temple Church Income Tai: 1916 Leahy 231n24-6770 FAX/724-6768 Muskegon MI 49441 Info. System, 131n>4-6744 Dear Property Owner: FAX/722-4301 Leisure Senice SUBJECT: Dangerous Building Case #00-63 - 1916 Leahy, Muskegon MI l3tn2u104 F AX/724,. 1196 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City Manager's Office 23In24-6724 of Muskegon will be held on Thursday, October 5, 2000 at 5:30 P.M. in the Muskegon FAX/722-1214 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of Mayor's Office determining whether the structure should be demolished or otherwise made safe. 23In24-6701 FAX/722-1214 Officials from the Inspection Services Department have inspected the structure and it is Inspection Servktt alleged that it has defects as listed on the attached page(s). 2J1n2u11s FAX/726-2501 Planning/Zoning The defects are violations of Section 4-23 of the Muskegon City Code, which defines 23 ln24-6702 dangerous buildings. FAX/724-6790 Police Dept. At the hearing, the Inspection Services Department will present testimony regarding the 2Jlnl4-6750 FAX/722-5140 alleged defects. You are advised that you or your representative may cross examine the City's witnesses and you may present testimony in your own behalf and call witnesses in Publlc Works 231n24-4100 your own behalf. We encourage you to attend the meeting since it is always better if FAX1722-4188 someone is available to answer any questions the Board may have. TreHurtr lJlnl4-6720 FAXJ724--6768 Inspection Services City of Muskegon Water Bllllng Dept. 231nl4-6718 F AXn24-6768 Water Flltradon 13tnl....... J06 FAXJ75S-!lil90 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Affirffiattve Action ?Jl,72-1-6703 FAxn22-121 • ( .-\uusor 231/724-6708 FAX/726-5181 Cemetery 231/724-6783 FA."<n26-56J7 Clvtl Service 231/724-6716 FAX17144405 Clerk 231/724-6705 FAX/714-4178 NOTICE AND ORDER Comm. & Neigh. Services August 18, 2000 231/724-6717 FAX1726-1501 Engineering 2Jlnl4-6707 FAX/717-6904 Revival Temple Church Finance 1916 Leahy 231/724-6713 FAX/724-6768 Muskegon MI 49442 Fire Dept. 231/724-6792 FAX/724-6985 Dear Property Owner: Income Tax 131/724...6770 FAX/714-6768 Subject: 1916 Leahy Plat A Musk Heights Lots 22 & 23 & 24 Blk 26 Info. Systems l3tnl4-67"4 FAX/722-4301 The City of Muskegon Building Official has recently inspected the subject property and has Leisure Service found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City 231/724-6704 FAX/724-1196 Code. Manager's Office 231/724--6724 As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the FAX/722-1214 structures within thirty (30) days. Mayor's Office 231/724-6701 FAX/722-1214 If you elect to repair the structures, you must secure all required pem1its and physically commence the work within thirty (30) days from the date of this order. Inspection Services 231/724-6715 FA.xn26-2501 Should you have any questions concerning this matter, please do not hesitate to contact our Planning/Zoning Building Official, Jerry McIntyre at 724-6715. • 231/724-6702 FAX/724-6790 Sincerely yours, Police Dept, ~~· 231/724-6750 FAX1722-5140 Public Works 231/724-4100 FAX/722-4188 Fire Marshal/Inspection Services TreHurer 231/724-6720 FAX/724-6768 Water Blllln& Dept. 231/724-6718 FAX/714-6768 Water Flltradon 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 .-\.flrm11h'c .-\.:tlon 1)1,.,24-6703 F-\X 1n-1?l.f ( ( -\Ssesior ?Jl/72.f..6708 FAxn26-5181 Cemc1ery ZJl/724-6783 f'Axnl~S617 Civil Service 231/724-6716 FAX1724-4405 Wftlt Mlml/!lm'8 Shoreline Clty Clerk 23ln24-6705 FAX1724-4178 Comm, & Neigh, DANGEROUS BUILDING INSPECTION REPORT Services 231/724-6717 FAxn26-250I 1916 Leahy Ena;lncerlng 231n24-6101 7/11/00 FAX1727-6904 Finance 23In24-6713 FAKn24-6768 Inspection Noted: Fire Dept, 231/724-6792 1. Soffit and fascia falling off and missing on roof. Damaged shingles. F AX/724-6985 2. Electrical Hazard outdoor sign being powered with extension cord. JncomeTu 3. Open holes in exterior wall not sealed when mechanical was installed. 2Jln24-6770 4 Exterior faucet not frost free and no vacuum breaker. FAxn24-<i768 • Info, Systems 231/724-67"4 FA.X/722-4301 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE Leisure Service DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A 231/724--6704 FAX/724-1J96 DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. Manager's Office 231/724-6724 FAxn22-1214 . /' lmpcction Services 231/724-6715 FAX/726-2501 CONCURRED IN: z-/,F-,;?'= a o Planning/Zoning Date 231/724-6702 F A.X/724-6790 Police Dept. 231/724-6750 FA.X/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231n24-6120 FAXnl4-6768 Water Dillin&: Dept. 231/724-6718 FAX1724-6768 Waler FUtntion lJl/72....... 106 FA.'l(J']5S-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 HBA Minutes 1/02 AYE~. NAYES: EXCUSED: ABSENT: Greg Bo man Randy Ma ie John Warner Jerry Bever Nick Kroes The motion carried. Case #01-044 - 252 Alie ve., William Pace, 21 5 Howden, Muskegon Mr. Pace and his step-daughte were present represent this case. Mr. Grabinski gave a history of the c e. Mr. P e's step-daughter spoke with another daughter today and was to that e issue with Andy Johnson has been resolved and the 1999 taxes have no een paid. They need more time to get contractors lined up. Staff Recommendation: Table f 30 days. that 30 days Mr. Pace needs to supply the office with copy oft e resolution of le with Andy Johnson, submit a time line for repairs, and ap for permits. Motion made by Randy ackie and seconded by Nie Kroes to accept staff recommendation. A roll cal vote wa taken: AYES: NAYES: EXCUSED: A SENT: Greg Borg an Randy M ckie John rner Jerry ever Nie Kroes he motion carried. Case #00-63 -1916 Leahy- Revival Temple Church Mr. Grabinski stated that he spoke with the owner and he has repairs done and will call for inspections. They requested this case be tabled for 30 days. Staff Recommendation: Table this case until the February meeting. Motion made by Randy Mackie, supported by John Warner to support staff's recommendation. A roll cal vote was taken: 2 of 10 HBA Minutes 1/02 AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Nick Kroes The motion carried. Case #01-034 - 412 Muskegon Ave. - Brian Cunningham 41 Muskegon ve. Mr. Cunningham was present to represent this case. He ated that he has not work d since October and he has had financial proble . He thinks he will be back to ork soon and able to work on repairs. He o has to pay his taxes. Mr. Grabins · stated that this case was heard in eptember and tabled for 90 days to allow · e to repair all safety and fire zards. As of December 26, 2001 no permits have een pulled. He asked Mr. unningham if he had a copy of the inspection report i front of him. Number eon the list is an interior inspection is required. The bui ing inspectors veri ·ed that the interior inspection was conducted. Mr. Grabi ki stated that e understand about not painting and scraping until warmer w ther. Ho ver, the front porch and side steps are cracking, support columns eed r air, floor joists on the porch and decking need to be repaired, and he k d if any has been done. Mr. Cunningham stated that they have not bee one due to his financial situation. Mr. Grabinski inquired about the use of ex nsi cords and the ceiling that was falling down. Mr. Cunningham stated is not usin extension cords and the ceiling is held up pretty well. The furnac has not been c rtified by a mechanical contractor because no one is st ing in the house. stated that the house is vacant and he is using kerose to heat so the pipes do 't burst. He stated that he needs more time, but he can't give a timeline to get r airs done because of his finances. Mr. Grabins · stated that he does not want anyone liv1 in the house. Heating with keros e could kill him. The furnace and water hea rare not working now and the d mage to the ceiling is dangerous. Mr. Cunningh is not to stay there. asked Mr. Cunningham if he understands his reco endation to the board. r. Cunningham stated that he understands he has 90 ys to repair the home or it will be forwarded to City Commission for their concurre e to demolish the ouse. S aff Recommendation: Declare the property substandard, a public nuisance, angerous building, but delay forwarding to the City Commission for 90 days. 3 of 10 HBA Minutes 3/02 A motion to accept staff recommendation was made by John Warner and seconded by Jerry Bever. A ro cal vote was taken: AYES: NAYES: EXCUSED· ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carri Case #99- - 240 Monroe - Walter Clark 3835 Ellis Rd. Muske This se was pulled from the agenda. It had a final inspection 3/1/02 with a roval, repairs are completed. Case #00-63 -1916 Leahy- Revival Temple Church, Rev. James Duncan Jr. No one was present to represent this case. Mr. Grabinski stated this should be a repair case, but we can't get them to do the repairs. A permit was pulled in January to do repairs. Mr. Duncan said repairs are done and scheduled a final inspection, but failed to show up for it. Henry Faltinowski stated they are making progress, they started on the soffits. Staff Recommendation: Declare substandard, a public nuisance, and a dangerous building, and forward to City Commission for their concurrence. Motion made by Randy Mackie, supported by John Warner to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carried. DATE: May 23, 2002 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #:00-57 Address: 2082 Estes. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 2082 Estes , substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #00-57, 2082 Estes. Location and ownership: This structure is located on Estes in the Lakeside Neighborhood. It is owned by David VanKammen, who lives next door. . 5fo¼.., -'--='" Staff Correspondence: A dangerous building inspection was conducted 7/20/00. A notice and order to repair or remove was issued 8/1/00. The case was heard before the HBA on 10/5/00, 5/3/01, 12/6/01, and 5/2/02. Mr. VanKammen has repeatedly stated repairs will be completed, but they have not. There have been many complaints from neighbors in regard to this property being a disgrace to the neighborhood. Owner Contact: Mr.VanKammen has been in contact with Bob Grabinski and has promised to complete repairs, but does not follow through. Financial Impact: General Funds Budget action required: None State Equalized value: $31,200 Estimated cost to repair: $8,000 plus cost of interior renovation Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\l nspections\Grabinski _Lorraine\ Word\CC MEET!NGS\i\genda - 2082Estes.doc page 1 of 1 W I - --- t£.- ~ Es -t-rzs . · · · · · .•· · · · :;\·. : :•· J ------------- --- ------- \f >· ., - --- ~\=iQ/ ,, ,,,, #/1 ! ---- ~ ~ \/ Q ,,,, ii ,,,,/ \~ ~ \~ ,...At - ~ I i - ----~ il If- ~ /l _- ,;.,\ ' - 1- -- - ' - - --- : / / \ Ve, OLC j·[--t- ====- :i· -----: o/) ·~ J " ---- - " r\ I ' "" ,.,,-- - -- ' ' - ' - --- " " --- -----' I:( :::-' ' --- -- : ' - - -- -- ' '----- ' j -- . ' " -----' - - --' ' ' ' --- --- ' ' • / - - - - - ---- N . . - '' ' I -- __- ,' / . ' a" - - -- -- - ' '" '" . -·-- '' '' - - N' 1ll ;:;; - - C c -- - C o . -- -- ' ' - ' ---~ ! ' l _j I " • ----1 I /"Cf) __ NOTICE OF HEARING IJEFORE THE CITY COMMISSION DATE: May 23, 2002 2082 Estes (Address of Property) TO: All owners and interested parties: David VanKammen, 2086 Estes. Muskegon. Ml 49441 (Name of Owner) Mercantile Mortgage Co. 246 East Janata Blvd, Suite 262. Lombard, IL 60148 (Other interested parties) .' On May 2. 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on .June 11, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, ~ I E HOUSING BOARD OF APPEALS ~y w__~~- Rob t 13. Grabinski, Director oflnspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC t CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: May 3, 2002 To: David VanKammen. 2086 Estes. Muskegon. Ml 49441 Owners Name & Address None Names & Addresses of other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, May 2, 2002 does hereby order that the following structure(s) located at 2082 Estes, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:IINSPECTIONS\GRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC ( NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: -~LJ~ RbertB.Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC ( May 2, 2002 Re: 2086 Estes A neighbor of the above address called the office today to inquire about the HBA meeting. She was referred to me from the Planning/Zoning Dept. They _hi:ilie · 2082 & 2086 Estes on their agenda (ZBA) because the owner has appealed their denial to split the parcel. The neighbors were sent letters to voice their opinions on that appeal. When the neighbor found out it was also on our agenda this month she wanted the board to hear her opinion since she can't be at the meeting. She foels that the owner h~i ~een given so many years to repair his house an<:I she can't . . . understand W~Y it's been going on for so many yeafs. She is installing siding on her home this summer and feels that 2086 Estes is bringing the value of · surrounding homes down. She would like to be neighborly and say yes, allow him to split his parcel, but only if he does some repairs on it. ·, Inspection Dept. Secretary Lorraine Grabinski CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: April 18, 2002 Address of the Property: 2082 Estes Description of the Structure: Lot 12. Blk 622 TO: David VanKammen, 2086 Estes, Muskegon, MI 49441 [Name & Address of Owner] Names & Addresses of Other Interested Parties] . , Please take notice that on Thursday, May 2, 2002, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair dated 12/11/01. At the hearing on Thursday, May 2. 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, i(y~u desire, to show cause why the structure should not be allowed or ordered demolished. o BEm~~. CIT..,..........,_MUSKEGON INSPECTION DEPARTMENT, BY--1------------------ OF APPEALS Rob rt B. Grabinski, Director oflnspections C:IWINOOWSITEMPINOTICE OF HBA HEARING.DOC OWNER """~&a..t&6.'l..l:'1!!fi.~,.IN.UlAODRESS _ _ _ _ _ _ _ _ _ _ _ _ _ PHONE _ _ _ __ CON. NMll';jptLl..Ll..L'.Lk~ti.,,,~~DRESS I -o 6 d. p 9,A gA,,<,) °'14 PHONE _ _ _ __ ARCHITECT OR DESIGNER _,___ _ _ _ _ ADDRESS _ _ _ _ _ _ _ _ _\/,H _ _ _ LIC f _ EXP 1 2 LICENSE NUMBER - d- I 010 Cl"\<:> 7 '-\ EXPIRATION DATE FEDERAL EMPLOYER IDI OR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ $ O;)., - WORKERS COMP. INSURANCE CARRIER OR REASON FOR EXEMPTION ----------------- MESC EMPLOYER f OR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ All CONTRACTOR INFORMATION REGISTERED WITH THE COY OF MUSKEGON YES O NO 0 CLASS OF WORK NEW ADDITION O ALTERAT~ REPAIR D RESIDENT!~ COMMERCIAL O INDUSTRIAL O OTHER _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ·sPECIALCONOITIONS --=-----------------,------------- DESCRIBE WORK _ ___!e~e.C!!Nl=~~=~.J'--ff'P=Y]_,,A'"-"'h__.::_-__,~c..c...,:.=.,=::::;_-1,~=·=-'-.:· . 1 ~---- J. tm A= d , t2 ef'{v 0 USE OF BUILDING_ _ _ _ _ _ _ _ _ _ _ _ _ __ CHANGE USE TO _ _ _ _ _ _ _ _ _ _ _ _ __ STARTING DATE _ _ _ _ _ _ DATE READY _ _ _ _ _ r.;n-m=;u,7;;:-rr;;:,_;,;;;--;-==----- / t:J/P- INSPECTION REPORTS DATI: REMARKS INSP. PERMIT FEE 3'6.7 CALL ADMINISTAATIVE AlmlORITY A MINIMUM OF 24 HOURS PRIOR TO INSPECTK>N SPECW. CONOOlOO: POUR 00 cot-K:RETE UNTL FORMS ARE APPflO', Typo ol Const._ _ Oocupancy Group_ _ Dlvlslon_ No. ol Dwelling Unhs _ _ Pruklng spaooa _ _ Bsmt_ PLANS CK BY .OY Front Yard _ _ _ Side Yard-~~ Rollf Yard _ _ Use Zona_ _ _ _ _ Rrs.!~pihl<l•r Roqulred _ __ Spoctal Zoning ./:i, •\ .' ' ': -'. NOTICE Fooling Typo_ _ _ sJr._·_·-~ SEPARATE PERMITS ARE REQUIRED FOR PLUMBIN • HEATING, VEtmLATING Foundation Wall,_ _-j,'-'"--=-:--~- OR AIR CONDITIONING. THIS PERMIT BECOMES VOID If WORK DA Floor System _ __ CONSTRUCTION AtmlORIZED IS HOT COMMENCED WITHIN 30 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD Roof Syslom._~_ _ Of 30 DAYS AT ANY TIME AFTEfl WORK IS COMMENCED. I HEREBY CERTIFY Extorlor Wall System_-¥.~ THAT I HAVE READ ANO EXAMINED THIS APPLICATION AND KNOW nlE SAME TD BE rnUE AND CORRECT. ALL PROVISIONS Of LAWS ANO ORDINANCES Chimney Typo _ _ _ _"¾.M:cc GOVERNING TIIIS TYPE OF WOFIK WILL BE COMPLIED WITH WHETHER Hoallng Typo _ _ _ _ ___,"" SPECIFIED HEREIN OR NOT. HIE GRANTING Of A PERMIT DOES NOT PRESUME lO GIVE AUIIIORllY TO VIOLATE OR CAI/C[L THE PROVISIONS OF TOTAL PERMIT FEE IS DOUBLED IF WORK IS ANY OTll(R STAIE OH LOCAL LAI'/ flfGULATING CONSTRUCTION OR TIIE STAl1TED BEFORE PEl1MIT IS APPLIED FOR PERFORMANCE or CONSTRUCTION. ' SECTION 23a OF THE STATE CONSTRUCTION CODE ACT OF 1972, ACT NO. 230 OF THE PUBLIC ACH- 1972, BEING SECTION 125. 1523a OF THE MICHIGAN COMPLIED LAWS, PROHIBITS A PERSON Ff CONSPIRING TO CIRCUMVENT THE LICENSING REQU111EMENTS OF THIS STATE RELATING TO PERS· WHO ARE ABLE TO PEl1FORM WORK ON A RESIDENTIAL BUILDING OR A RESIDENTIAL STRUCTl VIOLATORS OF SECTION 23n ARE SUUJECT TO CIVIi. FINES. NOTE TO HOMEOWNERS (WHEN NO Ol CONTHACTOf1 ASSISTANCE IS BEIi-JG USED), UNDEf1 11EASON FOR EXE.'MPTION STATE THAT YOU ARE HOMEOWNE.'f1 AND W_ILI. DE DOING::Jf WOlll<. SIGNATUHE OF Af'l'I.ICANT~ L ~--·-··-- --- DATE i= /O_:Q.i) \VI Ill[. - lNSP!':C:lOfl Y!:l.LOW - A~ICANT PINK - AS~ESS0f1 GOLD - AUDIT ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS ORDER TO REPAIR OR DEMOLISH Date of Order: December 11, 2001 Address of the property: 2082 Estes Description of the structure: Lot 12 Blk 622 To: David VanKammen. 2086 Estes. Muskegon, Ml 49441 (Name & Address of Owner) None (Names and Addresses of Other Interested Parties) OPPORTUNITY TO REPAIR The Housing Board of Appeals of the City of Muskegon has found that the above structures are dangerous or substandard buildings and a public nuisance. However, it is determined that the buildings are repairable, provided that permits are applied for and repairs performed in a timely manner. Therefore, it is ordered that the owner or interested parties shall, apply for permits required and commence with the.repairs of the conditions found in the inspection report attached to this order within 30 days" All said repairs shall be accomplished by May 2002. Repair must be commenced within the said 30 days of obtaining those permits. 2 r FAILURE TO COMPLY - DEMOLITION ORDER TO BE SUBMITTED TO THE CITY COMMISSION In the event the owners or interested parties fail to apply for all permits required to effectuate the said repairs or fail to commence physical repairs as ordered, then the above order of the Housing Board of Appeals shall constitute an order to demolish the said structures. In such case, the Director of Inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board for demolition, and further, to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. CITY OF MUSKEGON HOUSING BOARD F APP ALS Grabinski, Director of Inspections 3 r Sub: ( ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: November 19, 2001 Address of the Property: 2082 Estes, Muskegon MI Description of the Structure: Lot 12, Block 622 TO: David VanK.ammen, 2086 Estes, Muskegon, MI 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, December 6, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department on 8/1/00. At the hearing on Thursday, December 6, 2001 , at 5 :30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. C O;t1f ~~~ON INS ECT. ION EPARTMENT, ON BE ~~O ING BO OF APPEALS By_-11------------------- Rob rt B. Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC ( ......... ~ CITY OF MUSKEGON .....~... .. ~ INSPECTION DEPARTME~Tcl-- lNSP~~~:J ior--=:;,.__..,,kj..,5i:@:,~..,c\...,_,_ _ _ _ _ _ _ __ --e--ir.;,ldlng D Eledrlcal a Mechanlcal a Plumbing a Zonlng ~ --- ' ---- ' --- ' ---- , s«..ic. .0 0 Undortround O Undorground a Rough In a Rough 1n o Rough In a Rough 1n a F1na1 a flnal o FINI a Fina! •--- •--- •--- •--- ( -·- .... Correci prior to _ _ _ _ _ _ _ _ _ _ _ _ _ and call for rein5pection. .: ,1· r I/I'• ~ l :,, ' ' . ~ .I ' '·. '~ g, -,, "'I i ,j)i "'i' ~ .,f'"".·.\.-:;.·Ii ·\:i I', -i ii ' ·.'.· : i1i ~... -~-· ., , ...,~ •--j,'_, ( (' CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: May 4, 2001 To: David VanKammen, 2086 Estes, Muskegon MI 49441 Owners Name & Address None known at this time Name & Address of other interested parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, May 4, 2001, does hereby order that the following structure(s) located at 2082 Estes. , Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made, by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission.. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concnrred with by the City Commission. In addition, If you hire a contractor, permits are pulled and work is physically commenced with in the next 30 days, this case may not go to commission. Please call (231) 724-6715 with any questions. F:\INSPECTIONSIEVERETnWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC ( ( NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Conunission of the City of Muskegon on the date and at a time to be noticed to you by the Director ofinspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOU ING BOARD OF APPEALS: Ro ert B. Grabinski, Fire Marshal/Inspections Dept F:IINSPECTIONSIEVERETT\WORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC ( ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: April 19, 2001 Address of the Property: 2082 Estes, Muskegon, Michigan Description of the Structure: City of Muskegon Revised Plat 1903 Lot 12, Block 622 TO: David Vankammen, 2086 Estes, Muskegon MI 49442 (Name & Address of Owner] None known at this time [Names of Other Interested Parties] [Addresses] Please take notice that on Thursday, May 3, 2001, the City of Muskegon Housing Board of Appeals will hold a hearing at 5:30 p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your case . On 10/5/00 the Board gave you six months to complete the project. At the hearing on Thursday, May 3, 2001 at 5:30 p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. By_ _- - - 1 - - - - - - - - - - - - - - Robert . Grabinski, Fire Marshal/Inspection Services F:IINSPECTIONSIEVEREmWORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC Vfl.rinailht' .-\.clion • !JI 7.! -6 .. l)J F.\\. ".':?1-l!l4 ( ( \H~Hor 231 i.!4"6 ..08 F.\\. no-5181 Cemuery lJI/724-6783 FAX.726-5617 flLE Copy CMI Senice 231/724-6716 FAX17244-105 West Michigan's Shorellne Oty Clerk 231/724-6705 MUSKEGON HOUSING BOARD OF APPEALS FAX/724-4178 Comm. & Neigh. October 10, 2000 Services Case# 00-57 - 2082 Estes 231/724-6717 FAxn26-2S01 David VanKammen Engineering 231n24-6707 2086 Estes FAxn27--6904 Muskegon MI 49441 Finance 231/724--6713 FAX/724-6768 FINDING OF FACTS AND ORDER Fire Dept. 231/724-6792 The following action was taken at a session of the Muskegon Housing Board of Appeals FAX/724-6985 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on October 5, 2000 Income Tax The Inspections Services Department of the City of Muskegon, having inspected the 231/724-6770 FA.X/724-6768 building structure located upon the property described as City of Muskegon Revised Plat 1903 Lot 12 Blk 622, also known as, 2082 Estes, found the conditions listed on the Info. Systems 231/724--6744 attached.pages exist and that these conditions are hazardous as defined in Section4-23 of the FA'Xn224301 Code of Ordinances. leisure Service 231/724-6704 The Board further found that these conditions exist to the extent of endangering life, safety FAX/724-1196 and the general welfare of the endangering life, safety and the general welfare of the public. Manager's Office 231/724-6724 FAX/722-1214 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is Mayor's Office declared to be unsafe, substandard and a public nuisance. 231/724-6701 FAX/72M214 It is, further ordered that if the owners or other interested parties fail to repair of remove said Inspection Services structure, or appeal this order within 20 days of the receipt ofthis order, the Building 231/724-6715 FAX1726-2501 Official shall take bids and remove said structure. Planning/Zoning 231/724-6702 FAX/724-6790 Pollce Dept. 231/724-6750 FAX1722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 231/724-6720 FAX/724-6768 Water Bllllng Dept. 231/724-6718 _FA:~~68 Water FUtntlon 231/724-4106 FAX/755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, J\11 49443-0536 ( ( If you wish to appeal this order you must do so within twenty days. You may obtain the appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street. BOARD OF APPEALS /2 / •··•;;_;¢' .\ffi,·m111\n .\ctlon .!Jl,72-4-670.3 'f'AX,i22•1?l4 ( ( Aueuor 23 tnl4-6708 FAX/716--5181 Cemetery 2.3tnl4-678J FA.xnl6--5617 CMIServ:lce 13Inl4-67l6 FAXnl4-4405 West Mk:hlgan's Shorellne Oty Clerk 2Jlnl4-6705 FAX1724-4178 CITY OF MUSKEGON Comm. & Neigh, Serv:lcu NOTICE OF HEARING ON 131/714-6717 FAX/726--1501 DANGEROUS AND UNSAFE CONDITIONS Englneerfn& HOUSING BOARD OF APPEALS 2Jln24-6707 FAX/727-690-4 Finance 13tnl4-6713 F AX/724-6768 September 25, 2000 Fire Dept, z31n24-6791 FAxnl4-6985 David Vankammen Income TH 2086 Estes St. 231m4-6110 FAXf724-6768 Muskegon MI 49441 Info. Systems 23tnl4-6744 Dear Property Owner: FAX/722-4301 Lei.sure Strvlce SUBJECT: Dangerous Building Case #00-57 - 2086 Estes St., Muskegon MI 131nl4-6704 FA.X/714--11!>6 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City Manager's Office of Muskegon will be held on Thursday. October S. 2000 at 5:30 P.M. in the Muskegon 131/714-6724 FAXf722-1114 City Hall Commission Chambers on the first floor. Said hearing will be for the purpose of Mayor1s Office detennining whether the structure should be demolished or otherwise made safe. 131n24-6101 FAX/712-1214 Officials from the Inspection Services Department have inspected the structure and it is Inspection Services alleged that it has defects as listed on the attached page(s). 231/714-6715 FAX/726-2501 Planning/Zoning The defects are violations of Section 4-23 of the Muskegon City Code, which defines 131/724-6701 dangerous buildings. FAX/724-6790 Police Dept. At the hearing, the Inspection Services Department will present testimony regarding the 13 tnl4-6750 FAX1712-5140 alleged defects. You are advised that you or your representative may cross examine the City's witnesses and you may present testimony in your own behalf and call witnesses in Public Works 1Jln24-4100 your own behalf. We encourage you to attend the meeting since it is always better if FAX1711-4188 someone is available to answer any questions the Board may have. Treasurer 131/714-6710 FAX/714-6768 Inspection Services City of Muskegon Water Billing Dept, 231/724-6718 FAX/724-6768 Water FUtntion 13 I /714-4106 FAX/755--5190 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536 A!flrmath·e Action 23 t 1724--6703 FAX1712-1214 ( Auusor 23tnz.t-6708 FAxn26-5181 Cemetery 231nl4--6783 FAX/726-5617 Civil Service FILE copy 1Jtn24--6716 FAX/72"'-'405 Wl'llt Mlddi!an's Sbordlne Oty Clerk 2J1n2u1os FAX/714-4178 NOTICE AND ORDER Comm. & Nelah. August 1, 2000 Servtcn 2Jtn24-6111 FAX/716-1501 Enatneertna David Vankammen lJlnl-4-6707 FAX/717-69-04 2086 Estes Finance Muskegon MI 49441 2Jln24--671J FAxnl4-6768 Dear Property Owner: Fire Dept. 131nl4-6792 FAX/724-6985 Subject: 2086 Estes, Muskegon MI Income Tu City ofMusk. Revised Plat 1903 Lot 12 Blk 622 1Jtnl4-6770 FAX1714-6768 The City of Muskegon Building Official has recently inspected the subject property and has Info, System• found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City 1Jln24--6744 FAX/711-4301 Code. Leisure Service 13 tnl4--6704 As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the FAX/714-tt96 structures within thirty (30) days. Manager'• Office 131n24-6124 FAxnll-1214 If you elect to repair the structures, you must secure all required permits and physically commence the work within thirty (30) days from the date of this order. Mayor's Office 231/724--6701 FAXnll-1214 Should you have any questions concerning this matter, please do not hesitate to contact our Inspection Services Building Official, Jerry McIntyre at 724-6715. 2Jtnl4-6715 FAX/726-2501 Planning/Zoning s::;~iu_, 1 231/724-6702 FA..X/724-6790 Police Dept. 2Jtn24-6750 obert B. Grabinski FAX/721-5140 Fire Marshal/Inspection Services PubUc Work.I 111n24-4too FAX/721-4188 Treasurer 23tnl4--67l0 FAX/714--6768 Water Dillin& Dept, 13tnl4-6718 FAX/714-6768 Water Flltratlon 13tnl4-4106 FA.X/75S-Sl90 City or Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 :\ffirmilthe A.:llon 2JJ,7H-6703 FAX"'??!-1?14 ( MUSKEGON A.uessor 2311724-•6708 FAXi7!6-5181 Cemetery lJlnl-J.-6783 FAxn26-5617 Civil Senice 231nl4-6716 FAXn24-440S West Mlcblgan's ShoreJlne Oty Clerk lJtn24-6705 FAXn24-4178 Comm. & Neigh. DANGEROUS BUILDING INSPECTION REPORT Senices 2Jtn24-6717 FAXnl6-2501 ~ESTES Engineering lJtnl4-6707 7/20/00 .i FAXn27-6904 Finance 2Jln24-6713 FAX1714-6768 Inspection Noted: Fire Dept. 231/724-6792 1. Home being used for storage. FA.'X/724-6985 2. Damaged vehicle left in yard - not current plates. Income Tax 3. Roof covering severely deteriorated. lJl/724--6770 F AX/724-6768 4. Chimney deteriorated. 5. Numerous broken out, boarded windows. Info. Systems 231/724-6744 6. Front porch structural damage - repair~ rebuild to code. FAxnl2-4301 7. Debris thrown in yard. Leisure Service 8. Siding on garage and home (Storage) deteriorating. 231/724-6704 FA.X/724-1196 9. Window frames need repair. 10. Side porch, landing need replace - repair to code. Manager's Office 231/724--6724 FAX/722-1214 BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE Mayor's Office 231/72.t-6701 FAX1722-1214 DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON Jo,p«tlonS,mcec1TY CODE 231nl4-6715 • FAX/126-2501 Police Dept. 231/724-6750 FAX/722-5140 Public Works CONCURRED IN: , 231/724-4100 FAX1722-4188 Date Treasurer 231/724-6720 FAX.n24-6768 Water Billing Dept. 231/724-6718 FAXn24-6768 Water Filtration 2Jlnl4-4106 F A."<nSS-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 HOUSING BOARD OF APPEALS MEETING MINUTES 5/02/02 5:30 P.M. ATTENDANCE: Greg Borgman, John Warner, Randy Mackie, Jerry Bever, Jonathan Rolewicz, Nick Kroes, and Clara Shepherd ABSENT: EXCUSED: STAFF: Robert Grabinski, Henry Faltinowski, Don LaBrenz, and Lorraine Grabinski GUESTS: Ray Morency (2086 Estes), James & Tamara Ward & Maryjane Sanford (1166 Grand), Robert Parker (1836 Nevada), Patricia Strang (1979 81h ), Chong Thomas (573 Orchard), David Vankammen (2086 Estes) Meeting minutes: A motion was made by John Warner and seconded by Randy Mackie to approve the April minutes. The motion passed. Property Maintenance Code Appeal #01- an (owner) The case was pulled #00-57 - 2082 Estes - David VanKammen - 2086 Estes, Muskegon Mr. Vankammen was present to represent this property. He owns the house, but lives next door to it. He had previously been ordered to have repairs completed by 5/1/02. The repairs are not completed. This case was brought before the HBA in October 2000. A neighbor, Mr. Ray Morency was also present and expressed his views on the structure. He stated he does not believe the home is repairable and believes it should be demolished. He believes it is a disgrace to other homes and brings down the value of surrounding properties. Another neighbor called the office and voiced the same opinion, which Mr. Grabinski read to the board members. Mr. Vankammen spoke of having to re-do the porch because of a botched job. He also spoke of financial problems which are keeping him from completing HBA Minutes 5/02 repairs. Ms. Shepherd asked if the home is vacant and he replied that it is. Mr. Vankammen stated that he plans to rent it out or sell it after the repairs are completed. Mr. Grabinski stated that on 9/26/01 he met with Mr. Vankammen and the new owner and noted that the roof and porch repairs would be completed by 11/30/01. The house would be painted and interior repairs completed by the spring. He stated this was an agreement made by Mr. Vankammen to Mr. Grabinski. In December 2001 it was brought back before the HBA and the board gave him until the 1st of May 2002 to complete the repairs. The repairs are not done. Mr. Grabinski asked if Mr. Vankammen has done anything with 1969 Hoyt. Mr. Vankammen stated he had not and Mr. Grabinski stated that case will also be back before the board, just to let him know. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. This will go before the City Commission in June. A motion was made by Randy Mackie and seconded by Clara Shepherd to accept staff recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carried. Case #01-010 - 2112 Bourdon - Jason Blakeman, 2112 B IVlusk on,MI Mr. Blakeman w ot present to repre his case. He lives in the downstairs apartment and rents the e works out of town quite often and called Mr. Grabinski on Sunday him he could not be at the meeting. Mr. Grabinski gave a hi y of this case. It is n --bag_ structure, Mr. Blakeman has done quite a · work, but has been busy since lasfran~continued on repairs. 2 of 8 DATE: May 23, 2002 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case #:01-049 Address: 318 E. Apple Ave. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 318 E. Apple is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #01-049, 318 E. Apple Location and ownership: This structure is located on Apple Ave. between Fork and Emerald in the Angell Neighborhood. It is owned by George Dobben. Staff Correspondence: A dangerous building inspection was conducted 11/8/01. A notice and order to repair or remove was issued 11/19/01. A notice of hearing before the Housing Board of Appeals was issued 12/21 /01. An order to demolish was issued 2/11/02. Sf',,\U... Owner Contact: Bruce Austin was present at the HBA meeting 1/3/02 to represent Mr. DobbeJJ- He had been hired to work on the building. There has been no contact since that date. Financial Impact: CDBG Funds Budget action required: None State Equalized value: $190,800 Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\Inspcctions\Urnbinski_Lorraine\ Word\CC MEETINGS\Agcnda - 318 E. Apple.doc page I of I - . .... . I 3 l i C. ~9PLe- c.ensu s~ 3 -- 'v/21· _1 rl _u_.~ =11r_~1r r- 1. , ' ·r"' ,~ -- O 204 210 218 222 230 0 254 272 268 O o o 310 318- 322 • C ' _ -' r' = ' ~ -'!• --- - o D ~·~ o 164 o 174 o --~--IT --' -[ ~-- -~- ,---~ 216 o 22a n4 o o 252 26a 214 o o O I_ 32!) ~ "" 162 170 0 0 212 O - - ,;o 300 318 ________________ , f\-P(,,Lt:: "' ------- - ---------\'/:/\ /IJ ~arbor 11t1e 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100122253 November 15, 2001 I. Beginning Date: 2/8/79, at 8:00 A.M. Please See Attached Liber I I 6 I, Page 177, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to I 0/18/2001, al 8:00 A.M. Documents Deeds: Mortgages: Liber 1161, Page 177 NONE Taxes: Possible Sidewalk Assessment in the year 2002. Proof of payment of the Invoice Fees, due and payable to the city of Muskegon in the amount of$1,250.60. (Invoice #'s 9816561; 6805732; 9810079; 9811189; 9811911; 9816329;9817266;9817267;9820574;9817072; 9810099) Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in th~ . amount of$6,674.25, if paid by November 30, 2001. (Base amount - $5,893.14) Note: Permanent Parcel No.: 61-24-205-213;0001-00. 2001 State Equalized Value: $196,200.00. 2001 Taxable Value: $196,200.00. Non-Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: ~ ~ T h e s , a Michigan Co-Partnership 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this f01m of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: May 23, 2002 318 E. Apple Ave. (Address of Property) TO: All owners and interested parties: Clifford Dobben, 664 Farr Rd, Muskegon. Ml 49444 (Name of Owner) th Bruce Austin, 388 W. 24 St. Baldwin, Ml 49304 (Other int!)r,ested parties) On February 7, 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on June 11, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, FOR THE HOUSING BOARD OF APPEALS ~U±?i~· Rob rt B. Grabinski, Director oflnspections F:IINSPECTIONSIGRABINSKI LORRAINEIWORD\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC - ( C CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: February 11, 2002 To: Clifford Dobben. 664 Farr Rd, Muskegon. Ml 49444 Owners Name & Address Bruce Austin. 388 W. 24 th St. Baldwin. Ml 49304 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday. February 7, 2002 does hereby order that the following structure(s) located at 318 E. Apple Ave. Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence bef9re the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be _accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this c.,ise to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This case will not be brought before the City Commission until April 23,2002. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC r (" , . NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Ro rt B. Grabinski, Director of Inspections F:IINSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARO FORMS\ORDER TO DEMOLISH.DOC ( ' January 25, 2002 Mr. Clifford Dobben 664 Farr Road Muskegon, MI 49444 Re: Inspection- 318 Apple Avenue Dear Mr. Dobben: On 1/8/02 an inspection was conducted at 318 Apple Avenue. The owner, Mr. Dobben, s.tates the building is used for storage and will be put on the market for sale. However, current fire and building codes shall be complied with. 1.. Fire suppression system shall be maintained and should have been maintained in operative condition. 2. Fire extinguishers shall comply with N.F.P.A. 10. 3. Fire load presents a major problem with amount of combustibles stored throughout the facility. This is a major fire hazard. 4. Owner shall provide fire department with access at all times. Key box is needed. 5. Building shall be secured tightly. All openings shall be sealed. 6. Aisle ways shall be created and storage shall be maintained in an orderly fashion. 7. Dead load on flooring per square inch on 2nd floor storage shall be drastically reduced. 8. Roof leaks in various locations. Excess rain could cause floor collapse as well as roof. ( 318 Apple Avenue January 25, 2002 Page 2 9. Tire storage shall be removed as soon as possible. Owner shall comply with fire code sections for tire storage. 10. Address shall be posted on street front side of building. 11. No smoking signs shall be posted in building to alert any visitors or workers. 12. Electrical shall be reviewed by City of Muskegon's Electrical Inspector. Call Inspection Services to schedule appointment. Thank you, Major Metcalf Fire Marshal ( CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 318 E. Apple (INTERIOR INSPECTION) Inspection noted: 1. Roof parapets deteriorating- missing caps, exposed to weather elements. Loose brick falling off building on property and exposing pedestrians to danger of falling parapet. Roof covering installation incomplete, brick has been loosely laid on parapet caps. Finish roof covering in approved methods. 2. Interior ceiling coverings falling off ceiling joists. 3. Large amounts of combustibles stored in building; boxes of kindling, tires, burlaps, crates, boxes, plastics. 4. Boiler system not operational. No heat in buildings. 5. Fire suppression system not operational, S-1 occupancy moderate - hazard storage. 6. Unprotected elevator shaft. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED IHA T THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ~ ,,,_ (/ ~ ~ 1 ¥ , J .Q _ IIBNR\r FALTINOWSKI, BUILDING INSPECTOR F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\STANDARD FORMS\318 E. Apple -interior.doc ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: January 28, 2002 Address of the Property: 318 E. Apple, Muskegon MI Description of the Structure: Lots I thru 12 Exe. The N ½ Lot 6, Blk 213 TO: George Dobben/Bruce Austin , Baldwin, MI [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, February 7. 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review this case, which was heard on January 3, 2002. At the hearing on Thursday, February 7, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CIT MUSKEGON INSPECTION DEPARTMENT, BE~~~k-OFAPPEALS By_ _J..._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Rob rt B. Grabinski, Director oflnspections F:IINSPECTIONSIGRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FDRMSINOTICE OF HBA HEARING.DOC I (' .. '·"/"~ :,,,.,.-.. -'•·.···· . Commercial Residential Northern Environmental Services ' ' Demolition & Construction Roll Off Dumpsters Bruce Austin /)l<l IJwf J 231-745-3679 3 \ ~ ~- a_p.p.k ._~O'n~ o_\$-0 ... w/ Ge.o,'t" D o~b..vr- Afflrm•tive Action 2Jtn2U703 FAX1122-1214 MUSKEGON ("· Assessor 23lnl4-<i708 FAX1726-5181 Cemetery 23lnl4-<i783 FAX/716-5617 Civil Service 23tn2U716 FAX1724-4405 West Mk:blgan's Shoreline Oty Clerk 231n2u1os FAX1724-4178 Comm. & Neigh. Services 2JlnlU717 January 7, 2002 FAxn26-2501 En&lneerina: George Dobben 2Jln24-6707 FAX/717-6904 270 E. Apple Ave. Muskegon, Ml 49442 F1n•nce 1Jtnl4-6713 FAX1124-6768 Fire Dept Re: 318 E. Apple Ave. 23tnl4-679l FAX/724--6985 Dear Mr. Dobben: Income Tu l3ln24-6770 FAX/714-6768 On January 3, 2002 the Housing Board of Appeals heard your case on the above lnro. System, structure. , . 2Jlnl4-6744 FAX/711-4301 The board's determination on this case was to table the case until the February Let.sure Service 1Jtn24-6704 meeting to allow you time to call for interior inspections that are necessary. FAX/714-1196 Manager'• Office If you have any questions, please contact this office at (231) 724-6715. 13 tnl4-6714 FAxnll-1214 Mayor's Office 1J1nu-6101 FAX/722-1214 Inspection Services l3tnl4--671S FAX/726-1501 Ro ert B. Grabinski Director of Inspections Planning/Zoning 2Jlnl4--6701 RBG/lg FAxnl4--6790 Police Dept. l3lnl4--67S0 FAX/712-5140 Public Works 13tn24-4100 FAX/721-4188 Treasurer 2J1n24.-672o FAX/714-{;768 Water BIUlng Dept. 23tnl4-6718 FAX/724--6768 Water Ftltratlon 2J1n14-4t06 FAX/755-5190 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: December 21, 200 I Address of the Property: 318 E. Apple Ave, Muskegon MI Description of the Structure: Lots 1 thru 12 Exe the N ½ Lot 6, Blk 213 TO: George Dobben, 270 E. Apple Ave. Muskegon, MI 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, January 3, 2002, the City of Muskegon Housing Board of Appe~l~ will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the notice and order to repair issued 11/19/0 I. At the hearing on Thursday, January 3, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. bert B. Grabinski, Director oflnspections F:IINSPECTIONSIGRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC ( CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: November 19, 2001 Address of the Property: 318 E. Apple Ave., Muskegon. Michigan TO: George Dobben. 270 E. Apple. Muskegon. Ml 49442 [Name & Address of Owner] None (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous. substandard. and constitute a nuisance in violation of the Dangerous Buildings Qr9inance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. --'-X.,__ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous. substandard and a nuisance are listed in the attached schedule. ( FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 318 E. Apple, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT ert B. Grabinski, Director of Inspections ( CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 318 E. Apple Ave. 11/8/01 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Fa9ade of building separating from side block. Open mortar gaps in blocks and brick. Top concrete caps shifting on cap. This situation causes a dangerous hazard as public sidewalk is directly below this area of deterioration. 3. Side walls on building missing parapet caps, deteriorating brick with open mortar gaps over public sidewalk. 4. Back of building has large amounts of brick deteriorating - falling brick. 5. Entire perimeter of building needs evaluation from structural engineer to assess damage and submit a repair plan. 6. Broken out windows. 7. Roof inspection required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. FALTINOWSKI, BUILDING INSPECTOR F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\318 E. Apple.doc I !BA Minutes 2/02 that the purchaser agrees to keep the said premises in accordance with all police, sanitary and other regulations imposed by any governmental authority. Case #01-049 - 318 E. Apple Ave. George Dobben, 270 E. Apple, Muskegon Mr. Dobben was not present to represent this case, but Bruce Austin was there on his behalf. Mr. Austin has been retained by Mr. Dobben to work on the building. Mr. Austin explained what his plans are for repairing the building. After looking at the pictures, Mr. Borgman stated that Mr. Austin really needs to work under the advisement of the inspectors. Mr. Grabinski went over the inspection report and stated that because of the tires and wood that is stored there, if there was ever a fire it would be spectacular. The pollutants from a fire would be of great significance. Mr. Austin stated that the building is strong and structurally very good. Henry Faltinowski stated because of the roof damage and neglect, there is more exterior, structural damage. He recommends a engineer design to get everything back into structural safety. Mr. Borgman stated there is quite a lot of potential for falling bricks. Mr. Grabinski inquired about how much authority Mr. Austin has in spending Mr. Dobben's money to do repairs. Mr. Austin stated there's not much money. He stated that Mr. Dobben will be back from Florida in April. Mr. Austin was to talk to Henry Faltinowski after the meeting about his intention to make the building safe. Staff Recommendation:. Declare substandard, a public nuisance, and a dangerous building, delay action taking to City Commission until the second meeting in April, allowing Mr. Dobben time to return from Florida. Motion made by Randy Mackie, supported by John Warner to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie Nick Kroes John Warner Jerry Bever Jon Rolewicz Clara Shepherd The motion carried. It was also noted that DPW should be called to take care of blocking the sidewalk on the east side of the building. 5 of 12 DATE: May 23, 2002 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 02-06 Address: 1836 Nevada SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1836 Nevada is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #02-06 - 1836 Nevada, Muskegon, Ml Location and ownership: This structure is located on Nevada between Laketon and Windsor. It is owned by MLA Inc. Staff Correspondence: A dangerous building inspection was conducted on 3/15/02 and a notice and order to repair was issued 3/25/02. On 5/2/02 the HBA declared the structure a public nuisance, substandard, and dangerous building. An interior inspection was scheduled by a realtor for 5/8/02 and their contact person did not appear for the inspection. Owner Contact: The realtor's office has been in contact and scheduled the interior inspection. They called again and were not aware their maintenance man had not appeared for the inspection. Financial Impact: General Funds Budget action required: None State Equalized value: $12,900 Estimated cost to repair: $15,000 plus cost of interior rehabilitation. Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\lnspections\Grnbinski_Lorraine\ Word\CC MEETINGS\AGENDA -1836 Nevada.doc page I of I - . '--. ..../. . --' . ' ... . ,, ......, _•; _;_. ~-· ).:-_' ~:~ ,. ~ lr 21 - -~ ------) ~ § -------- ------- ~ ; s------- !' § NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: May 23, 2002 1836 Nevada (Address of Property) TO: All owners and interested parties: · MLA Inc. 30521 Schoenherr, Warren. Ml 48093 (Name of Owner) None (Other interested parties) On May 2, 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on June I I, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the ab9ve structures. By_-.<-------------~ Robert . Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDICC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1836 Nevada (INTERIOR INSPECTION) 5/8/0JJ._. Inspection noted: I. Gas is shut off due lo leaks. 2. Water piping in unheated crawl space. 3. Entire waste & vent system needs to be replaced. 4. Unable to determine mechanical condition clue lo no access. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF TI-IE MUSKEGON CITY CODE. /:Ji.jj HENRY FA ,TINOWSKI, BUILDING INSPECTOR DATE F:\Inspcclions\Grabinski_ Lorraine\ Word\DANGEROUS BU ILD!NG INSPECT! ON REPORTS\STANDARD FORMS\! 836 Nevada interior.doc ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: May 3, 2002 To: MLA Inc. 30521 Schoenherr, Warren, Ml 48093 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, May 2, 2002 does hereby order that the following structure(s) located at 1836 Nevada, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by ttie City Commission. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: , , ·ttolx:H?, ll~Sh, RbertB.Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC ( ( t I CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: April 18, 2002 Address of the Property: 1836Nevada Description of the Structure: Jeannot Court Blk 2 Lot 8 TO: MLA Inc. 30521 Schoenherr, Warren. MI 48093 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, May 2, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon. MI at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be detennined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair dated 3/25/02. At the hearing on Thursday, May 2. 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CIT~ MUSKEGON INSPECTION DEPARTMENT, O O B E ~ ~ ~ . O F APPEALS By_-1---------------- Rob rt B. Grabinski, Director of Inspections F:~NSPECTIONSIGRABINSKI_LORRAINEIWOROIHBA MEETINGS\STANOARD FORMSINOTICE OF HBA HEARING.DOC ( CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: March 25, 2002 Address of the Property: 1836 Nevada. Muskegon. Michigan TO: MLA. Inc. 30521 Schoenherr. Warren. Ml 48093 [Name & Address of Owner] None (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. -~x~ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. - - - Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1836 Nevada. Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report , , Rob rt B. Grabinski, Director of Inspections ( CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1836 Nevada 3/15/02 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Large hole exposing interior of home on south side of home, missing and rotted siding. 3. Incomplete insulation application on home exterior. 4. Siding is rotted around perimeter of home. There is no protection from decay incorporated. 5. Roof covering on home and garage incomplete. 6. Rotted window frames, boarded windows. 7. Large amounts of debris left in yard. 8. Shed in,yard is deteriorating. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. 7 FALTINOWSKI, BUILDING INSPECTOR DATE( F:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1836 Nevada.doc \ 700! AUG 23 ill llF 5q ,J·"' '?;7_ //; //.it,:,L,:rra-#t~ nrn::,;1rn Of' DloEDS STATE OF MICHIGAN ) )SS. COUNTY Of MUSKEGON ) Al<FIDA YlT OF ABANDONMENT !, QA.LE MITCHELL on May 5, 200 I. as an empJoyct ofMLA, Inc .. ~ing fn~t duly swom, deposes and s\a\e; as foUows: That I am !he Ollly a11\horii:cd agen! of Ml.A. Inc. Thal RllSSE\,L SWARTS ANQ JOANN SWARTS cxccu1cd o Mo11ga1Jc to MlA hie., an Ohio CQrporn1ion, Mongagec, dated Atrtu~l J~, \999, 011d monkd s~p!cmber S, !991} i11 U!m ~ on Page 2fil, M11skegon Co11My Rccordl., Mkhlgnn. Said premises are sl111a1ed ill the Cit)' of Muskegon, Muskegon Counly, Michigan, and a,e described a$: LOT II, BLOCK 2. Jf:ANNOT CT., ACCOROING TO THE PLAT THEREOf, AS RECORDED IN UBER 6, PAGE 24 PLATS, MUSKEGON COUNTY RECORDS. Commonly Known A;: ! 836- NEVADA, MUtKEGON, Ml S!DEWELL NO.: 6!-24-430402-0008-00 That on May 5, 2001, the Mo11gagcc caum! to he madt a pm<,11a! inspc-tlior, oflhe rn<Jrtgagcd premises -w a11d !he in~pccl!1J11 ,;lid /lol reveal \hat the Mol1gagDJ"(5) or person <:la!mi11g unde1 \he Morf&ago~s) were )ucscnt!y occupying !he property, or win ~copy the property. That on May 5, 2001, 1hc Mottgegee also caused to be pos!ed, a No1ke ofC!aim of Abandonment of Premises staling that the M<,rtgagce fonsidercd the premises to be ab!llldon-ed and !hat the Ml)Tlgugor(s} would lose all rights to <,wn-ership lh\rt~ days aner !he date of1aid noiice UIJ!ess th~ Mortgagor, thi., Mortg.agor's heirs, execu\or, oq or adrnin\s11alor, or person lawfully claiming fwm or under one oflhem prMid~s the notice tt{!uircd by the Staiue pursuant lo MCLA 600.3214a, ~ins a part oflhe Mkhigan C<,mp\lcd Laws. " Thal on May J, 2001, the Mortgagee caused lo be mailed by cc11ifled mail, mum r«eipl requested, to lhe Mortgagor(s) al h\s/\lcrftheir la,1 known mailing addrm a nolicc wMch stated Iha! lhc Mortgagee ,:onsi&rcd lhc premises lo be attandoned and \hat !he Mortgago!(s) wou!d lose al! right$ of ownership 1h!ny {30) days after recording ofthlt doeumen! unless lhe Mortgsgoi(s), Mor1gal',or{s) heirs, c;,:ecutors, or administruton. or persons claim!ng under one of them provided lhe no1ke rcquiK<I l>y Statue prior 10 recotdfog of this dotumeot. ThM neither the Mortgagot{s), or !he Mor1gagor{s) heirs, e;,:~u1ors, adm!oislra!OlS, or person c!ailning 1111d-er-0nc of them has responded in II flllcen• (!S) day period. ~ FURTHER DEPONENT SAITH NOT. Ill C. ~(~ D~II agent fllr; MLA, lne. ~ ~ STAtE OF MICHIGAN COUNTY OF MACOMl\ D ~ The foregolng instrnrne11t was acknowledged before me on thb ~day of 4uq" s± , 1001, b y ~ MlIQffiY,, agent for Ml A tNC NJ Obin Cmp,mlion- ... 'J),,{).,,y, P-.t. ~4·, County, Notary PUblk My Commission E)ipiru: ft· I g,>ot"?4 ~- Q!BOAA!l L. ZOLNDSIO DRAFTED BY ANO WHEN RECORDED RETURN TO: ,...,_,.-eoo,,,\11 Mi _ _ ,.._,a,iait_ 0 MLA,Mhchdl Dal~ Inc. 30Sll Schocnhrn" Wam:n. Mich\pn ~I09J ' .c For The Inspection Dept. 419370 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER MLA Inc. PROPERTY 1836 Nevada. PLATE# 24-480-002-008-00 DESCRIPTION Jeannot Court Blk 2 Lot 8 FROM RECORDS OF TRANSNATION TITLE COMPANY LIBER: 3267 PAGE: 291 DATE OF DEED: August 24, 2001 GRANTOR NAME & ADDRESS: Don Hulbert, Deputy Sheriff for Muskegon County, 25 w. Walton GRANTEE NAME & ADDRESS: ;l1~~Jnl:;.','Ljj,\i~ Ohio Corporation, 30521 Schoenherr, Warren, MI 48093 LIENS OR MORTGAGES: 3333/375, 3359/921, 3155/316 TODAY'S DATE: March 20, 2001 EFFECTIVE DATE: February 21, 2002 at 8:00 AM ABSTRACTED BY: &k. :K. ~ TRANSNATION TITLE INSURANCE C O M P ~ The above information is to be used for reference purposes only a not to be relied upon as evidence of. the title and/or encumbrancE Accordingly, said information is furnished at a reduced rate, anc the Company's liability shall in no event exceed the amount paid said information, should evidence of title and/or encumbrances b, desired, application for title insurance should be placed with Transnation Title Insurance Company. I-IBA Minutes 5/02 Motion made by Randy Mackie, supported by Jon Rolewicz to support staff's recommendation. A roll cal vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carried. Case #02-06- 1836 Nevada - MLA Inc. 30521 Schoenherr, Warren, Ml 48093 Robert Parker was present to represent this property. He is considering buying it. Board stated this house looks very bad, they saw it last night. Mr. Grabinski stated the gas company was called yesterday (5/1/02) to shut the gas off because of a leak. Mr. Grabinski asked who is selling, Mr. Parker told him Ed Peters, R & R for MLA. Ms. Shepherd asked what he plans to do with the property if he buys it. He replied that he would consider buying after the interior inspection. If he bought it he would repair and sell. Since he legally has no interest, an interior inspection cannot be set up with Mr. Parker. Mr. Grabinski stated if Mr. Peters wants to proceed he must call. Staff Recommendation:. Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. Motion made by Randy Mackie, seconded by John Warner, to support staff's recommendation. A roll cal vote was taken: AYES NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie John Warner Jerry Bever Jon Rolewicz Clara Shepherd Nick Kroes The motion carried. 6 of 8 DATE: May 23, 2002 TO: Honorable Mayor and Commissioners FROM: Robert Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 01-053 Address: 1458 Sixth SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1458 Sixth is unsafe, substandard, a public nuisance and that ii be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 01-053, 1458 Sixth St. Location and ownership: This structure is located on Sixth Street between Grand and Washington. It is owned by Daniel Herrema of Grandville. Staff Correspondence: A dangerous building inspection was conducted 12/12/01. A Notice and Order to repair or demolish was issued 12/18/01. HBA on 02/07/02 found the structure to be dangerous and unsafe. Owner Contact: The owner talked to Bob Grabinski on 3/6/02 and was given a 60-day extension to complete repairs. No permits have been pulled and there has been no contact with the owner since then. Financial Impact: CDBG Budget action required: None State Equalized value: $17,200 Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\lnspections\Grabinski_Lorraine\ Word\CC MEET!NGS\Agcnda 1458 sixth.doc page I of I ll\5K s I 'J.TH [ \ __ _ ----- - --~ ,--- _____ _ --- 1------ 314 0 300 292 ----- - 0 246 297 291 ----W AS-ki I "' "' " ~ ----~--- -~r--\ ] :1 - l__ - - N ~~------ -- _ l ____ ~ - - - - - - - - 314 0 296 284 ,/ ______ _ 250 ----------~- 238 230 224 {_ 216 206 bRf-\-1\JD 315 305 - -i- - 295 a, 0) -------I____ _ 249 237 229 ---~ - 223- 215 -7 205 ----- - " ~ -------- ------ (0 0 I 1---- "' - -- -- --- ----------- ----- _J /;, "' ~borTitle 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100122653 December 13, 200 l I. Beginning Date: 5/9/2000, at 8:00 A.M. Please See Attached Liber 3042, Page 734, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register ofDeeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 11/14/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 3042, Page 734 Liber 3088, Page 592 Taxes: Proof of payment of invoice fees, due and payable to the City of Muskegon in the amount of$1,105.92 (Invoice #9816615,#9817031,#9817970,#9818482,#9819519, #9820206, #9821864, #9822822). Proof of payment of delinquent water/sewer usage bill, due and payable to the City of Muskegon in the amount of $503.80, if paid by December 31, 2001. Payment of the 2000 delinquent taxes, due and , . payable to the Muskegon County Treasurer in the amount of$663.00, if paid by December 31, 2001. Payment of the 2001 Winter taxes, due and payable to the City of Muskegon Treasurer in the amount of $1,167.13, if paid by February 14, 2002. (Base amount - $606.55**) Note: No 2001 Summer taxes were assessed. Pennanent Parcel No.: 61-24-205-405-0014-00. 2001 State Equalized Value: $17,200.00. 2001 Taxable Value: $10,825.00. Non-Homestead Property. **NOTE: A Delinquent Water/Sewer Usage Bill in the amount of$560.58 will be included in the 2001 Winter Tax Bill. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above infonnation is to be used for reference purposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount paid for this information. · ' , NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: May 23, 2002 1458 Sixth (Address of Property) TO: All owners and interested parties: Daniel Herrema, 455 Buckshot Dr. Grandville, Ml 49418 (Name of Owner) Equicredit, 2851 Charlevoix Dr. SE Suite 304, Grand Rapids, Ml 49546-7048 (Other interested parties) On February 7, 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on .June 11, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5 :30 p.m. on June 11, 2002 , at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPARTMENT, FO fil~L:r.s By_ _ _ _ , ~ - - - - - - - - - - - - - - Robert ~- Grabinski, Director oflnspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC Affirmative Action 2J1n24-610J FAX/722-1214 MUSKEGON Assessor 2J1n24-61os FAxn26-5181 Cemetery 231n24-678J FAX/726-5617 Civil Service 2J1n24-6116 FAX/7244405 West Michigan's Shoreline City Clerk 231n24-610s Daniel Herrema FAX/724-4178 455 Buckshot Dr. Comm. & Neigh. Grandville, Ml 49418 Services 231/724-6717 FAX1726-2501 March 6, 2002 Engineering 2Jtn24-6707 FAX1727-6904 Re: 1458 Sixth St. Finance 23tn24-6713 Dear Mr. Herrema: FAX/724--6768 Fire Dept. The 60 day extension you requested for completion of repairs at 1458 Sixth 231n24-61n FAX/724-6985 Street has been granted. You are required to pull a minimal permit for the repairs that are in process, such as drywall and possibly the electrical work. Income Tax 231n24-6770 FAX/724-6768 It is very important that you schedule your final inspection as soon as the work is Info, Systems completed. )t,must be conducted before the May 6, 2002 d,eadline. 23In24-6744 FAKn22-4301 Failure to comply with the deadline will result in the case being brought before Leisure Service 2J1n24-6104 the City Commission for their concurrence to demolish the structure. FAX1724-1196 Manager's Office If you have any questions, please call the Inspection Department at 231-724- 231n24-6724 6715. ;~~;1:r' ~;~;~:. "~iUJ:_ FAX/722-1214 M,yo,•,om« Sincerely, llJr ' obert B. Gr~ski • • PJ,nolng/Zonlog irector of Inspections 231/724-6702 FAX/724-6790 Police Dept. RBG/lg 231/724-6750 FAX/722-5140 Public Works 231/724-4100 FAX/722-4188 Treasurer 2311724-6720 FAX1724-6768 Water BIiiing Dept. 2311724-6718 FAX/724-6768 Water Filtration 2J1n24--4to6 FAX/755-5190 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536 Mar 05 02 11: 57a Exit Advantage Realt~ (616)514-5015 p. I (' (' 8Db 6ml,~t,· 1 , T ., I .. CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: February 11, 2002 To: Daniel Herrema, 455 Buckshot Dr., Grandville, Ml 49418 Owners Name & Address Equicredit, 2851 Charlevoix Dr. SE, Suite 304, Grand Rapids, Ml 49546- 7048 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, February 7, 2002 does hereby order that the following structure(s) located at 1458 Sixth St. Muskegon, Michigan, shall be demolished for th,e reason that the said structure or structures.are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC / NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters·relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. .' B. Grabinski, Director of Inspections F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH.DOC r· CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: January 28, 2002 Address of the Property: 1458 Sixth, Muskegon MI Description of the Structure: Lot 14, Blk 405 TO: Daniel Herrema, 455 Buckshot Dr. Grandville, MI 49418 [Name & Address of Owner] Equicredit, 2851 Charlevoix Dr. SE Suite 304, Grand Rapids, MI 49546-7048 Names & Addresses of Other Interested Parties] Please take notice that on Thursday, February 7, 2002, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Te,nce, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the notice and order to repair issued 12/17/0 I. At the hearing on Thursday, Februar:y 7, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITx.-trhMUSKEGON INSPECTION DEPARTMENT, 0 B E H ~ ~ ~ ~ F APPEALS By_ __,c__________________ Rob t B. Grabinski, Director of Inspections F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: December 17, 2001 Address of the Property: 1458 Sixth, Muskegon, Michigan TO: Daniel Herrema, 455 Buckshot Dr. Grandville, Ml 49418 [Name & Address of Owner] Equicredit, 2851 Charlevoix Dr. SE Suite 304 Grand Rapids, Ml 49546-7048 (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Or.dinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. ( ' FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1458 Sixth, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report \.u,,t'-r-<..JF MUSKEGON INSPECTION DEPARTMENT U:.t_~~. , , Rob rt B. Grabinski, Director of Inspections ( \. CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1458 Sixth St. 12112/01 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Home is boarded up. 3. Deteriorating roof covering, soffit, fascia. 4. Back porch rail knocked off porch. 5. Damaged . , siding comer cap . 6. Broken windows. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. FALTINOWSKI, BUILDING INSPECTOR F:llnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1458 Sixth.doc I IBA Minutes 2/02 Jerry Bever Jon Rolewicz ara Shepherd The tion carried. Case #01 55 - 431 Monroe - Bennie Chambers, 1090 L geland, Muskegon No one was pres t to represent this case. There s been no contact with the owner. There has IJ en no interior inspection. . Shepherd stated the home has been vacant for 5- Staff Recommendation:. De re subst aard, a public nuisance, and a dangerous building, and forwa to C" Commission for their concurrence. Motion made by Jerry Bever an sec ded by John Warner to support staff's recommendation. A roll cal vote was take AYES: AYES: EXCUSED: ABSENT: Greg Borgma Randy Mac ·e Nick Kroes John War er Jerry B er /rn Jon lewicz Shepherd / h e motion carried. Case #01-053 - 1458 Sixth St. - Daniel Herrema, 455 Buckshot Dr. Grandville, Ml No one was present to represent this case. Mr. Grabinski gave a history on the case. Mr. Herrema did a nice job fixing the house. It was then left vacant and vandals ruined it. There have also been squatters. Staff Recommendation:. Declare substandard, a public nuisance, and a dangerous building, and forward to City Commission for their concurrence. Motion made by Clara Shepherd and seconded by Randy Mackie to support staff's recommendation. A roll cal vote was taken: 9 of 12 HBA Minutes 2/02 AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie Nick Kroes John Warner Jerry Bever Jon Rolewicz Clara Shepherd The motion carried. Case #01-058 -1525 Huizenga - Brian Miller, 1525 Huizenga, Muskegon M . Grabinski gave a history of the case. It had a devastating fire. It is known a the uff and puff" case. The owner is serving a year in jail because of the charg against him in this case. The back of the structure completely coll sed. The own r was huffing propane and smoking and blew the walls out. Th e has been no c tact with the owner in regard to his house. Staff Recomm dation:. Declare substandard, a public nuisance nd a dangerous buildi , and forward to City Commission for their c ncurrence. Motion made by Cla Shepherd and seconded by Rand ackie to support staff's recommendatio A roll cal vote was taken: AYES: NAYES: EXC SEO: ABSENT: Greg Borgman Randy Mackie Nick Kroes John Warner Jerry Bever Jon Rolewicz Clara Shepherd The motion carried. rd Case #01-056 - 50 Octavius - Clayton National In 4 Corporate Dr. 3 Floor, Shelton, 06484 No one was resent to represent this case. A board up reque came from the MPD. Th e have been other issues. Inspections got in, the ho e was open. The city id do a rehab on this house for the former owners, but th are no longe involved. There has been no contact from Mortgage Compan 10 of 12 DATE: May 23, 2002 TO: Honorable Mayor and Commissioners FROM: Robert Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 02-01 Address: 1715 Superior. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1715 Superior is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. 11 is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: 02-01, 1715 Superior Location and ownership: This structure is located in the Marsh Neighborhood and is owned by Amy Bradley of Fruitport, Ml. Staff Correspondence: A dangerous building inspection was conducted on 6/23/98. Some work was done without permits after that time. Another inspection was conducted 1/22/02 after a fire. A Notice and Order to Repair was issued on 1/30/02. No one was present to represent the case before the HBA on 3/7 /02 and the structure was declared substandard and dangerous. The owner called the Inspection Dept. after that date and scheduled an interior inspection, which was conducted 3/25/02. On 4/29/02 the owner called the office and inquired on what to do next. She was informed she needed to submit a schedule of repairs and apply for permits. There has been no contact since that date. The city has had the structure boarded on 3 separate occassions. Owner Contact: Owner has not been in contact with this office since 7/20/01. At the HBA meeting in September, he was told he could stop this from going before the City Commission by scheduling an interior inspection and supplying this office with a time line for repairs. Financial Impact: CDBG Budget action required: None State Equalized value: $14,000 Estimated cost to repair: $20,000 F:\lnspections\Grabinski __ Lorraine\ Word\CC MEETINGS\Agcnda ! 715 Superior.doc page I of2 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, June 11, 2002. F:\Jnspections\Grabinski_Lorrninc\Word\CC MEE·1·1NGS\/\ge11da 1715 Superior.doc page 2 of2 '--· '•- -~---- I --i-----.-.- - - , - - - - - - - - 1 I I l \)> 1 - 1 1 I\ I I I 1~- ' I 1 I I I I · I I I i I , I , , I 1· I , I 1 I I , : , I 1 I \ • , I 1 <t: e-r:,,1A~,,,A I I I1 I, I ! I I I ' V V U , 'D''~, I 11 I ill I < ~ _j_ _I I I I I I I I ! 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I I : I I I I I • I -~----,1"a073~-~10"a"1-"1-0"5"3-~-1-9_4_9_ _---'-1g-3"7-'----1,"2°3~01"02"1~c1"a"1"a-"1°,0 1°3 _J_Tiio~ 1875 Rl\Y 184S!'-"--=----"1325 I I I ~ 1785 1779 .llll...8... ~ ~fi2_____________1_95~-~.e.~ .......J..93J)___1.926-............J9.16_ I I I ~07 ~-----,'0,--,---,1-"'86"'-8-r-11wa5Q_________j_8_54______.1.M.6__ 1840 I 1' I : I I 1s3~ I ----,--I_ 1s1s 1s14 1786 1780 1774 I I I I : I I I I ·, I I I I I I I I I I I I I I I I I I I I I I I I I I I i I I, ~, I I I I I I I l I I I J I I I I I I 0 I ! I U ~aroor 11t1e 955 West Broadway Muskegon, MI 49441 Title Search Case No.: 100222980 January 25, 2002 ]. Beginning Date: 12/16/97, at 8:00 A.M. Please See Attached Liber 2048, Page 366, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 1/4/2002, at 8:00 A.M. Documents Deeds: Liber 3153, Page 835. Mortgages: Liber 2048, Page 366. Taxes: Payment of the delinquent water and sewer usage, due and payable to the City of Muskegon in the amount of $132.60, if paid by January 31, 2002. 1 Invoices due and payable to the Muskegon County 60 " District Court in the amount of $882.50. I 998 taxes SOLD TO STATE. The amount necessary to redeem in January is $860.97. , . Payment of the 1999 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of$1,248.60, if redeemed by January 31, 2002. Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the . amount of$679.41, if paid by January 31, 2002. Payment of the 2001 Winter taxes, due and payable to the City of Muskegon Treasuredn the amount of$699.90, if paid by February 14, 2002. Note: Included in this amount is a delinquent water and sewer bill in the amount of $88.20. Note: No 2001 Summer taxes were assessed. Permanent Parcel No.: 61-24-185-110-0015-00. 2001 State Equalized Value: $14,000.00. 2001 Taxable Value: $11,003.00. Non-Homestead Property. ~~ fl' ,:1,~l;o't'l::w.,t~l~~eiiue LW/is recb"rtldl'in mt'l,ii,ct of tffil R'.@~rn!Efot l'.!Mt!!i i'lfN'l\is~~bl! 6 :...:,;: ',--.-,.,~,,- County, Michigan, against: 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercia I Co de. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limitejl)o the amount ,paid for this information. /,/ , . NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: May 23, 2002 1715 Superior (Address of Property) TO: All owners and interested parties: Amy Bradley, 4920 S. Brooks Rd. Fruitport, Ml 49415 (Name of Owner) Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 (other interested parties) , , On March 7. 2002, the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on June 11, 2002, to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on June 11, 2002, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any revelent evidence and arguments concerning the decision to demolish the above structures. By--1'---------------- Rob t B. Grabinski, Director of Inspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC r CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT Home Had Fire 1715 Superior 3/25/02 Inspection noted: I. Dryer vent needs to be installed to code. Bath needs exhaust to code. 2. Duct work and furnace need to be cleaned. 3. Furnace needs to be certified and gas pipe tested. 4. Tub and shower valve needs to be anti-scald. All fixtures need to be cleaned and in working condition. 5. Water pipe installed to code. 6. Drains in working condition and to code. 7. Check water service and sewer main. 8. All floor joists that are damaged must be replaced or sistered to bearing points. Proper column support is needed on make-shift beams. ., 9. Replace all interior ceiling covering and insulation damaged by fire. 10. All smoke damage to be sealed with approved method. 11. Hot water heater is not properly wired. 12. Smoke detectors required. 13. Front porch lights not mounted on box. 14. Furnace improperly wired. 15. Incandescent fixhire not permitted in front bedroom closet. NOTE: COULD NOT SEE WHOLE HOUSE DUE TO LARGE AMOUNT OF GARBAGE IN HOUSE. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. DATE F:llnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\STANDARD FORMS\1715 Superior interior.doc ( C I CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: March 12, 2002 To: Amy Bradley, 4920 S. Brooks Rd. Fruitgort, Ml 49415 Owners Name & Address Muskegon County Treasurer. P.O. Box 177. Muskegon. Ml 49443 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, March 7, 2002 does hereby order that the following structure(s) located at 1715 Superior, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. , , The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC ( ' NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to l be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. · I The City Commission may concur with this order, or disapprove or modify the order. B. Grabinski, Director of Inspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC ( CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: February 26, 2002 Address of the Property: 1715 Superior. Muskegon MI Description of the Structure: Castenholz Sub. Div ofBlks 100, 101, & 103 to 120 inclusive, Blk l!0Lot 15 TO: Amy Bradley, 4920 S. Brooks Rd. Fruitport, MI 49415 (Name & Address of Owner] Muskegon County Treasurer, P.O. Box 177, Muskegon, MI 49443 Names & Addresses of Other Interested Parties] ' , Please take notice that on Thursday, March 7, 2002, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be dete1mined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order issued 1/30/02. At the hearing on Thursday, March 7, 200? , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. ' :~EHt<:£~0ru::t CITY_J).E.,MUSKEGON INSPECTION DEPARTMENT, ~F APPEALS Robe: B. Grabinski, Director ofinspections F:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC ( ( CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: January 30, 2002 Address of the Property: 1715 Superior. Muskegon, Michigan TO: Amy Bradley, 4920 S. Brooks. Fruitport, Ml 49415 [Name & Address of Owner] Muskegon County Treasurer. P.O. Box 177. Muskegon. Ml 49443 (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. -~X~ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. ( ( FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1715 Superior. Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT ( CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT \'\O fl"\f. I-\ AO f:- \ P-.€ 1715 Superior 1/22/02 Inspection noted: 1. An interior inspection is required by all trade inspectors (this includes Plumbing, Mechanical, Electrical and Building) before any permits or certificates of occupancy will be issued. 2. Repair- replace all damaged roofing and siding on home. 3. Repair all foundation walls - tuck pointing. 4. Replace basement window frames - rotting. 5. Garage siding rotting, has peeling paint, unprotected. 6. Garage , , doors damaged need repair or replaced. 7. Large amount of debris left in open garage. 8. Broken out windows in garage and home need to be replaced. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. 0, FALTINOWSKI, BUILDING INSPECTOR F:\lnspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\1715 Superior.doc r •·-····~- It DANrr.aous-BUILDING INSPECTION('' ,-,.f 1715 S0PERCOR 8122191 APPROXIMATELY 20 Fr X 40 Fr 1 1/2 STORYWOOD FRAME HOUSE AND GARA.GE. 1. FRONT PORCH MISSING SIDING AND UNPROTECTED WOOD EXPOSED TO GRADE~ 2. CONSTRUCTION WITH OUT A PERMIT. 3. NEW WINDOWS DO NOT MEET CODE. GARAGE: 4. OVER HEAD DOOR BROKEN WITH A SECTION MISSING. 5. SIDING MISSING. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE yITJSKEC-ON CITY CODE. ' r' r a A<' GEORGEDOD, BUILDING INSPECTOR Jf.t,;/ 77 DATE \ CONCURRED I N : . ~ ?Pt{.~~ ~y~ BUlld5i:NrioFFICIAL \ ,, ( (' ·• / BUILDING INSPECI'ION . 0 1715 SUPERIOR 10/14/97 ~ Structural Electrical : . :3.:rvice drop puiled loose :ram buiiciing. ~~ 2. Service not properly grounded. (/ ll-- __j5. · ~=~;~!r:::i::!1!:~~~- fAp~l ~ .(!} ~=~: GFI Kitchen outlets not :;;::d!e:all. ~.il. protected. 15cyer improperly wired. 4C'V I~ . . .~ )L $ Miscellaneous wires hanging down in basement flkO " 'lQ. Open junction boxes in b,asement. , IL, ·, ~ Feeders to garage improperly wired. f\J,t · 12~ Bathroom plug not q-FI pro~d. -4 1 I/ h3. Incandescent fudtire not permitted in u:ont bedrc:!om.: ,-,/,.t," >i- { ' ~ -~Plumbing/Mechanical - h.w' h. fl.± I» vz.,J f'l°<~ 0 ..--- 1. Toilet needs new tank kit. · If;I- . 2. Kitchen sink needs faucets replaced. • tJ 1L--- (} Jl,, 3. Water piping to laundry sink needs to be secured to wall or sink. 4. Furnace needs to be certified safe for operation by licensed mechanical contractor. ,/. r ,(s_ Furnace-vent pipe needs screws in pipe connectioµs. . OI--- r . / 6. Plastic dI}'er: vent pipe is not to code-must be ~laced. · -M• ~ ~ • ~ · 1. CPVC:pipe coming off water heater not to code; must be hard piped first 18" off water 11/-, heater. ~oceJ/i IC -,;l.o- "t '7 oEORGEDOoo, DATE BUILDING INSPECTOR ., ~. I /'715 SupE1<10Fl.. 1:)1-\:f £~1(.,1>4EE£1 i-1'1 ( ( rf}((G,ll_EC,,010 j /YII , uJ£sr '733.- s-LI 43 ~ WI\LL, 2.-3-CfS \ 2)(.8 .,_ A, T4)'f' iPF- A-tJCt~ I fJ s TA-1.:L ~~l t:> 3/4 1 '86'1.-T I 0 Woo:b /f) ls.T (31.,.,€X...ll f /J 6, 2rJ C) f W et, D F1.-oc,fL J'9fS'i> _, . . :,1·-. - '" -----.Ex.,sr1rJ6i WA4.. cg.ow~ 11 IN Uf -r2> 3 • APn .W11~Lt> lj4I\ {'LI\T!='. Lf /+rJqLES t)LorJ"f 4 )(. <;. 11 To 'BciTOM WE. G, lJAU- ~r ctiF ~~ t.,L'E.. WIT l+ 11?,AsE M f!)'JT ""G '2... ~~ ~ \/~' 4> ·1R, I= It-.J Fop. c.e. WAL.\....• 13~,-s. YT=P-IF'f fttJG.tLE. lEi-1',Tll ~~-'l~''~-- ~'.-;'.') ~ - >:/) E><fAl'lS1ot0 ~~ ··-~ :i-,w,'.1(;:,,:ti::.· '·~t' .,,:~,-,, ·.. /'.l!!!t tR1t.~S.(1e: ~o~r..s--; - ·-, ·" :•~..J~•-•::~-.£: _ ""':--- :"'.":""'.~ ,,'i""\_ ........ :::~_-1:.,~a . . ;~, ./' •~::-3-~1~:~- ~ ~ ~ ,. '., _- ' ~~. • • . N9P-Tlr) t °Bt\-sSl'VlE:.tJT ~ t'L~N (n \ I ( c· FAX COVER SHEET City of Muskegon 933 Terrace Street P.O. Box 536 Muskegon MI 49443-0536 Phone: (616) ?"3fL---&, 7/7 Fax: (616) 726-2501 To: From: Date: Tot~, number of pages sent,. including cover sheet: Please phone to verify receiving document: Please review and phone/fax comments, etc.: For your information only: INSTRUCTIONS: I' > ·, Afflrmatlvc Acl!on 6161724-6703 ( MUSKEGON ( Assessor 616/724-6708 Cemetery 6161724-6783 Clvll service West Michigan's Shoreline City 6161724-6716 Clerk 616/724-6705 BUILDING INSPECTION C. N. Services 616/724-6717 1715 SUPERIOR 6-23-1998 Engineering 6161724-6707 Finance I. Front porch requires footing 616172+6713 2. Front porch has missing siding and unprotected wood exposed to grade. 3. Handrail on stairs not installed correctly. 4. Garage overhead door broken with a section missing. Fire Dept. 5. Siding missing on garage. 616/724-6792 6. Exterior lights not mounted in boxes. 7. Service panel not mounted securely to wall. Income Tax 8. Feeders to garage not wired properly. 616/724-6770 9. Incandescent light fixture not permitted in front bedroom closet. 10. Chimney needs to be certified safe by licensed contractor. Inspections 6\6/724-6715 This is the list that is remaining. The one item I did not insert in the list is the hardwired smoke detectors we discussed on the phone. When the smoke detectors are completed and brought up to the codes' minimum requirements, we will issue a temporary occupancy for another 30 days. The thirty days will Leisure Service begin upon the date of issuance for the temporary occupancy. At the end of the extended time, another 616/724-6704 inspection will be made to make sure all items on the list are complete. Manager's Office 616172<·6724 Jerry McIntyre Planning/Zoning 616/724-6702 Police Dept. 616/724-6750 Publlc Works 616/726-4786 Treasurer 6161724-6720 Waler Dept. 616/724-6718 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Michigan 49443-0536 Date: June 11, 2002 To: Honorable Mayor and City Commissioners From: Engineering RE: MOU / Agreement with MOOT for the Construction of Shoreline Dr. East SUMMARY OF REQUEST: Enter into an agreements with Michigan Department of Transportation to provide funding for the proposed Shoreline Dr. East Project. Furthermore, due to the timing constrains, it is requested that your approval, if granted, be contingent upon compliance with the City attorney's review. Also, it is respectfully requested that the Mayor & City Clerk be authorize to execute said agreements and the necessary resolutions . • FINANCIAL IMPACT: The estimated cost of the project, including the existing section of Shoreline Dr. from Terrace to Southern Ave. is $11,850,000 of which the City is responsible for an estimated total of $650,000. BUDGET ACTION REQUIRED: None at this time. The city's share would come out of Major Street Fund ($500,000), Sewer Fund ($75,000) and Water Fund ($75,000). STAFF RECOMMENDATION: Conditional approval of the attached agreements and resolution. COMMITTEE RECOMMENDATION: 2002-72(f) Revised 06/05/02 ROADWAY JURISDICTIONAL TRANSFER CITY OF MUSKEGON AND MICHIGAN DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING (MOU) WHEREAS, The City of Muskegon (the City) and the Michigan Department of Transportation (MDOT), are jointly developing these roadway jurisdictional transfers; and WHEREAS, the City has jurisdiction over Shoreline Drive from Southern Avenue to Terrace Street; and WHEREAS, The City shall construct a new segment of Shoreline Drive (Shoreline Dr. Extension) from Terrace Street to Business US 31 (US-31BR), as well as reconstruct and/or rehabilitate the existing segment between Southern Avenue and Terrace Street (see attached map); and WHEREAS, US-31BR, from south of Ninth Street to north of Eastern Street, are a pair of one-way State Trunkl i nes under the jurisdiction of MDOT; and WHEREAS, the City and MDOT will exchange jurisdiction of the aforementioned streets upon completion and acceptance of construction, reconstruction, and/or rehabilitation of Shoreline Drive, as described above, and per the conditions described in this MOU. NOW, THEREFORE, the City and MDOT agree as follows: 1. The City shall acquire the necessary property at its expense, and complete environmental mitigation as required by the Phase II Environmental Review and by federal and state regulations, and obtain MDOT approval of the required environmental clearance issues, prior to and during constrnction. If additional costs are incurred during project construction, for either the Shoreline Drive Extension or the existing Shoreline Drive roadway, due to hazardous contaminated material disposal and/or other environmental issues, the City is required to pay 100% of the additional excavation costs, beyond that which would normally be classified as normal non-hazardous and/or non-hazardous contaminated material excavation, as it relates to all disposal, handling and mitigation for the Shoreline Drive Extension, as described above and on the attached map. 2. The City shall arrange for completion of design plans, engineering, and construction including construction engineering (CE) of the Shoreline Drive Extension as described herein, upon MDOT review and approval of final design plans; the City shall advertise, let, and award the project; MDOT also shall approve construction staging, in coordination with other Muskegon area projects to minimize impacts on the users of the system. The City will be reimbursed for construction costs for the project through the transfer of state Build Michigan III funds to the City; specific terms and conditions of the fund transfer shall be addressed by separate agreement between the City and MDOT. The following items shall be the respective responsibilities of the City and MDOT: 3. MDOT shall provide Build Michigan III funds not to exceed $11,850,000 for the following predetermined, eligible items within the limits of the Shoreline Drive Extension project and the reconstruction and rehabilitation of the existng section between Terrace Street and existing US-31BR (Southern Avenue): roadway construction, roadway reconstruction, roadway rehabilitation, PE for the portion of existing Shoreline Drive, CE, railroad relocation, standard traffic signals, street-lighting replacement, public utility pole relocation, relocation of existing public utility service (as per MOOT guidelines for utility relocations), with the following exceptions as listed in Items 2b, 2c, and 8 below; 2. The City shall provide the following items, including required audits, related to the Shoreline Drive at its expense: street-lighting operations and maintenance, including utility billings; all sanitary force-main modifications and/or upgrades resulting from existing condition defects; non-motorized trail construction and all future maintenance; expansion and upgrades of existing utility service beyond existing facilities unless replaced as a direct conflict to the new construction (all cost associated with replacement of existing utilities, due to age of the facility, will be shared evenly by MDOT and the City and all upgrades to replaced utilities will be at I 00% city cost); and design engineering and environmental clearance per previous agreements, including mitigation and cleanup of any additional environmental issues discovered during the life of the construction project. MDOT shall have no responsibility for sanitary sewer force-main and its existing condition. The City shall be responsible for all needed sanitary sewer upgrades, and to assure its structural integrity for the Shoreline Drive Extension. 3. Local road (snch as Western Avenue) modifications, outside the agreed on limits of direct tie-ins to the Shoreline Drive, shall be the responsibility of the City. 4. The City shall be responsible for the design of the reconstruction pro j e ct ( as approved by MOOT) on existing Shoreline Drive, from Fourth Street to Terrace Street. In addition, the City shall be responsible for the design of the rehabilitation project (as approved by MOOT) on existing Shoreline Drive, from existing US-31BR (north of Southern Avenue) to Fourth Street. The two segments mentioned in this section shall be done separately from the Shoreline Drive Extension construction project, but shall also be included in the Build Michigan III funding, with MOOT approval. This portion of the Build Michigan III funding will be part of the total funding limit mentioned in section "a" and any additional costs for these projects will be at 100% City of Muskegon costs - per agreement). 3. The City shall obtain MDOT approval of final design plans and environmental mitigation plans prior to contract letting for construction, reconstruction, and rehabilitation of the Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan III funds, per Item #2a above. 4. Upon the completion of the Shoreline Drive Extension as described herein, and upon completion of existing Shoreline Drive improvements as described in Item #2 above, and acceptance of these projects by MDOT, the City will transfer jurisdictional control of Shoreline Drive, from south of Ninth Street to north of Eastern Avenue (MP to be assigned), to MDOT to be a State Trunkline, designated as a segment of the US 31BR. 5. The City shall, as long as the contract is in place for such procedures, perform trunkline highway maintenance of Shoreline Drive, for which jurisdictional control has been transferred to MDOT by this MOU, and receive reimbursement from the State for such maintenance in accordance with the duration, terms, and conditions of its existing Municipal Trunkline Maintenance contract, and in accordance with any future Municipal Trunkline Maintenance Contract as renewed and agreed upon by the City and MDOT. 6. MDOT arranged for rehabilitation, at its expense, of US 31 BR from near Southern Avenue to north US 31 during 1999. MDOT also made repairs on southbound US- 3 !BR at Spring Street and on northbound US 3 !BR between Eighth and Ninth Streets; this project was completed and accepted by MDOT in 1999, per contract 61153 / 45782. 7. Upon completion of the Shoreline Drive Extension and reconstruction/rehabilitation of existing Shoreline Drive as described herein, MDOT will transfer jurisdiction of US-3 lBR, which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south of Ninth Street to north of Eastern Avenue (MP: NB: South Spring Point of Ninth Street North to North Spring Point of Eastern Street - CS 61151 BMP = 5.796 EMP = 6.066 and CS 61153 BMP = 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to approximately 500 feet South of Eastern Street CS 61151 BMP = 5.796 EMP 6.066 and CS 61153 BMP = 0.000 EMP 0.860), to the City. Upon completion of the transfer, the City shall have complete responsibility and authority over the referenced streets, including maintenance responsibility for these streets. MDOT will have no further maintenance responsibilities or obligations for these referenced streets. Upon transfer, the streets will become a part of the City's Street Plan and eligible for maintenance cost reimbursement under Act 51. A separate turnback agreement will be initiated between the City and MDOT. 8. After the transfer of jurisdiction is completed, ROW transfer will take place and will be done as an easement for highway purposes. This process will be initiated by MDOT and the City of Muskegon at a later date. 9. MDOT will not own the ROW for existing Shoreline Drive or the Shoreline Drive Extension. As such, the City, not MDOT will be liable and responsible for all environmental and other issues related to all Shoreline Drive ROW. In the event MDOT is the fee owner of Muskegon and Webster, it shall convey ownership to the City. The respective environmental liabilities shall be governed by the laws of the State. 10. Liability and responsibility for the condition of the highway and streets under MCLA 691.1402 and the Liability Exemption Section of Part 201, ACT 451 (Section 20126) shall follow the transfers of jurisdiction, regardless of fee ownership. No liability under the highway execption to governmental immunity evidenced by that statute or any successor or amendment thereof shall remain with either party after jurisdiction has been transferred as set forth in this agreement. 8. Existing traffic and parking controls, including speed limits, parking regulations, truck restrictions, traffic signs and signals, and pavement markings (on the street segments defined, for which jurisdictional control has been transferred to MDOT by this MOU), will be retained by MDOT after the transfer, so long as traffic operations are not negatively affected. Any future changes to the existing traffic controls, or placement of new controls or devices, and maintenance on these transferred streets within the City, will be done in consultation with the City, per existing MDOT procedures, policies, and agreements for trunkline routes within the City. a MDOT will participate in the cost of traffic signals which meet MDOT's current standards and as provided in the current signal maintenance agreements. Additional costs to provide decorative traffic signals shall be 100% paid by the City of Muskegon. The City of Muskegon will also be responsible for providing all replacement parts required for any and all decorative traffic signals, within this Shoreline Drive corridor. 2. MDOT will not participate in the cost of placing new business informational or advertising signs as part of the Shoreline Drive Extension or existing roadway projects as described herein. If any existing signs are required to be moved, they will be moved by the City and shall be paid for by the City. 9. The transferred street segments as described herein, for which jurisdictional control has been transferred to MDOT by this MOU, will operate as existing state trunklines in all respects, per existing MDOT procedures, policies, and agreements for trunkline routes within the City. 10. In accordance with MDOT's guidelines for public participation in planning such projects, MDOT and the City will jointly provide opportunities for public input and involvement before implementing any future major improvement projects on the street segments described herein, for which jurisdictional control has been transferred to MDOT by this MOU. Include map and/or attachment that shows turnback limits, stationing, and description. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on this 11th day of .June , 2002. WITNESSES: CITY OF MUSKEGON: Mayor . ~Q- Gail A. Kundinger, Clerk WITNESSES: STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION: By: Its: JMS - 0: (STREETSWAP) RESOLUTION 2002-72(f) RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE CONSTRUCTION OF SHORELINE DR. EAST FROM US-31 BR TO THE EXISTING SHORELINE DR. , THE MILLING AND RESURFACING OF SHOREl,.INE DR. FROM US-31 BR NORTHERLY TO FOURTH STREET & THE RECONSTRUCTION OF SHORELINE DR. FROM FOURTH TO TERRACE TOGETHER WITH NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT _Moved by Commissioner Larson and supported by Commissioner_--=B=u=ie"'--_ _ _ _ _ _ _that the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into .Contract no. 02-5019 between the Michigan Department of Transportation and the City of Muskegon for the resurfacing & widening of the southbound exit ramp at US-31 and Sherman Blvd. within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 02-5019 be and the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 11th day of June , 2002. CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on .,June 11 , 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. STATE OF MICHIGAN JOHN ENGLER DEPARTMENT OF TRANSPORTATION GREGORY J. ROSINE GOVERNOR LANSING DIRECTOR July 24, 2002 Ms. Gail Kundinger, Clerk AfCf/Vfo City of Muskegon Sf p 0 5 2002 933 Terrace Street, P.O. Box 53q Muskegon, MI 49443-0536 City clerks O . . ffice Dear Ms. Kundinger: RE: MDOT Contract Number: 02-5019 Control Section: MBS 61153; MBS 61151 Job Number: 56028; 59581 Enclosed is a fully executed copy of the above noted agreement. Sincerely, ·iJee--~ ~UAcJ_,, Jackie Burch Contract Processing Specialist Design Division Enclosure cc: V. Weerstra, Grand Region and A. Suber, Economic Development A. Christensen, Financial Operations Division Grand Region Engineer · MURRAY D. VAN WAGONER BUILDING • P.O. BOX 30050 • LANSING, MICHIGAN 48909 www.michigan.gov • (5 17) 373-2090 LH-LAN-0(11/01) {_') ..~) .•" I ! ,,,' '/"·_r' i<I BUILD MICIDGAN ill CAB APR 15 2002- NONFED Job Number 56028; 59527- Control Section · ~,,.6J.l53·i··MB .... S.6115.1. Contract No. 4fll9 ,.,, . ',. ·' ~,:,.,,:iJ: ___ ,·;- _;, THIS CONTRACT is made and entered into this date of JUI 2 3 2002 , by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the . "DEPARTMENT;" and the CITY OF MUSKEGON, a Michigan municipafoorporation, hereinafter referred to as the "REQUESTING PARTY;" for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, in the City of Muskegon, Michigan, hereinafter referred to as the "PROJECT" and estimated in detail on EXHIBIT "I," dated March 26, 2002, attached hereto and made a part hereof: PART A- MBS 61153: JOB# 56028 New construction work for the Shoreline Drive Connector from Highway US-3 lBR to the existing Shoreline Drive at Terrace Street; and all together with necessary related work. PART B - MBS 61151: JOB# 59527 Coldmilling and bituminous resurfacing work along Shoreline Drive from the existing Highway US-3 lBR northerly to Fourth Street and Pavement and removal and replacement work along Shoreline Drive from Fourth Street northerly to Terrace Street; and all together with necessary related work. WITNESSETH: WHEREAS, the State of Michigan is hereinafter referred to as the "State;" and WHEREAS, the PROJECT has been approved for financing in part with State Build Michigan ill Funds; and WHEREAS, the parties hereto have reached an understanding with each other regarding the performance ofthe PROJECT work and desire to set forth this understanding in the form ofa written contract. NOW, THEREFORE, in consideration of the premises and of the mutual undertakings ofthe parties and in conformity with applicable law, it is agreed: 1. The parties hereto shall undertake and complete the PROJECT in accordance with the terms of this contract. .,~CEIVt __ CITY OF MUSKEGON JUL O9 20Q2 1/2/02 BMIIIDIR.WPD 4/5/02 1 . -,,1} j~;~,li'<'ltlff·,,< 2. The term "PROJECT COST", as herein used, is hereby defined as the cost of the construction or reconstruction of the PROJECT, including the costs of preliminary engineering, plans, and specifications for the PART B portion of the PROJECT; physical construction necessary for the completion of the PROJECT; and engineering, legal, appraisal, financing, and any and all other expenses in connection with any ofthe above, except for those costs otherwise specified in this contract. The costs incurred by the REQUESTING PARTY for preliminary engineering for the PART A portion of the PROJECT and right-of-way are excluded from the PROJECT COST as defined by this contract. The preliminary engineering performed by the REQUESTING PARTY for the PART A portion of the PROJECT work is covered by a separate contract (#95-0842 as amended by #00-5445) under job number 38765. 3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform, at no cost to the PROJECT, such administration of PROJECTS covered by this contract as is necessary to assist the REQUESTING PARTY to qualify for funding. Such administration may include performing such review, legal, financing, any other PROJECT related activities as are necessary to assist the REQUESTING PARTY in meeting applicable State requirements. The DEPARTMENT shall make a final acceptance inspection ofthe PROJECT as necessary to ensure the PROJECT meets State requirements. Failure to comply with State requirements may result in forfeiture of future distributions of the Michigan Transportation Fund as described in Section 8. No charges will be made by the DEPARTMENT to the PROJECT for any inspection work or construction engineering. 4. The REQUESTING PARTY shall perform or cause to _be performed all the PROJECT work. It is understood that portions or all of the PROJECT work will be placed under contract by the REQUESTING PARTY. The performance of the PROJECT work will be subject to the following conditions: A. The REQUESTING PARTY, at PROJECT COST, shall appoint a project engineer who shall oversee the PROJECT and ensure the PROJECT work is performed in accordance with this contract. B. The REQUESTING PARTY will design or cause to be designed the PROJECT and shall accept full responsibility for that design. Any review undertaken by the DEPARTMENT is for its own purposes and is not to nor does it relieve the REQUESTING PARTY ofliability for any claims, causes of action or judgments arising out of the design of the PROJECT. 1/2/02 BMIIIDlR.WPD 3/28/02 2 C. Should all or portions of the PROJECT work be accomplished by a consulting firm, a railway company, or governmental agency, firm, person, or corporation, under a subcontract with the REQUESTING PARTY at PROJECT expense, such subcontracted arrangements will be covered by formal written agreement between the REQUESTING PARTY and that party. This formal written agreement shall: include a reference to the specific prime contract to which it pertains; include provisions which clearly set forth the maximum reimbursable and the basis of payment; provide for the maintenance of accounting records in accordance with generally accepted accounting principles, which clearly document the actual cost of the services provided; provide that costs eligible for reimbursement shall be in accordance with clearly defined cost criteria such as 49 CFR Part 18, 48 CFR Part 31, 23 CFR Part 140, 0MB Circular A-87, etc. as applicable; provide for access to the DEPARTMENT or its representative to inspect and audit all data and records related to the agreement for a minimum of three years after the DEPARTMENT'S final payment to the REQUESTING PARTY. All such agreements will be submitted for approval by the DEPARTMENT. Any such approval by the DEPARTMENT shall in no way be construed as a warranty of the subcontractor's qualifications, financial integrity, or ability to perform the work being subcontracted. D. All work by a consulting firm will be performed in compliance with the applicable provisions ofl 980 PA 299, Subsection 201, MCL 339.2001; MSA 18.425(2001). E. The REQUESTING PARTY, hereby, certifies to the DEPARTMENTthat the plans, specifications, and estimates for the PROJECT have been prepared in compliance with applicable State laws, local ordinances, and State and local standards and regulations. F. The REQUESTING PARTY, hereby, certifies to the DEPARTMENT that the contracting procedures to be followed by the REQUESTING PARTY in connection with the solicitation ofthe construction contract for the PROJECT shall be based on an open competitive bid process. It is understood that the proposal for the PROJECT shall be publicly advertised and the contract awarded on the basis of the lowest responsive and responsible bid in accordance with applicable State statutes, local ordinances, and State and local regulations. 1/2/02 BMIIIDlR.WPD 3/28/02 3 G. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, will comply with all applicable State statutes, local ordinances, and State and local regulations, including, but not limited to, those specifically relating to construction contract administration and obtain all permits and approvals with railway companies, utilities, concerned State, Federal, and local agencies, etc., and give appropriate notifications as may be necessary for the performance of work required for the PROJECT. The REQUESTING PARTY agrees to comply with all applicable requirements of Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended by 1995 PA 60 and 1996 PA 173, MCL 324.9101 et. seq., for all PROJECT work performed under this contract, and the REQUESTING PARTY shall require its contractors and subcontractors to comply with the same. H. The REQUESTING PARTY, at PROJECT COST, shall appoint a project engineer who shall be in responsible charge ofthe PROJECT and ensure that the plans and specifications are followed, and shall perform or cause to be performed the construction engineering and inspection services necessary for the completion of the PROJECT. Should the REQUESTING PARTY elect to use consultants for construction engineering and inspection, the REQUESTING PARTY shall provide a full- time project manager employed by the REQUESTING PARTY who shall ensure that the plans and specifications are followed. I. The REQUESTING PARTY shall provide all construction engineering and inspection necessary for the PROJECT; however, the DEPARTMENT may, at its own expense, provide a competent inspector. Said inspector, acting through the REQUESTING PARTY'S engineer, shall have the right to reject any or all portions of the work which are not executed pursuant to the plans and specifications. J. The REQUESTING PARTY shall require the contractor who is awarded the contract for the construction of the PROJECT to provide, as a minimum, insurance in the amounts specified in and in accordance with the DEPARTMENT'S current Standard Specifications for Construction, and to: (1) Maintain bodily injury and property damage insurance for the duration of the PROJECT. 1/2/02 BMIIIDIR.WPD 3/28/02 4 (2) Provide owner's protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents and employees, the REQUESTJNG PARTY and any other party with jurisdiction for the roadway being constructed as the PROJECT, and their employees, for the duration of the PROJECT and to provide copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume either ownership of any portion of the PROJECT or jurisdiction of any REQUESTJNG PARTY highway as a result of being named as an · insured on the owner's protective liability insurance policy. (3) Comply with the requirements ofnotice of cancellation and reduction of insurance set forth in the current Standard Specifications for Construction and to provide copies of notices and reports prepared to those insured. K. The REQUESTJNG PARTY shall be responsible for the payment of all costs and expenses incurred in the performance of PROJECT work. L. The REQUESTJNG PARTY shall notify the DEPARTMENT: (1) Within thirty (30) days of the completion of preliminary engineering for the PART B portion of the PROJECT. (2) Thirty (30) days prior to the anticipated opening of the PROJECT to traffic and certify that the PROJECT has been constructed in accordance with the PROJECT plans, specifications, and construction contract.. 5. The PART A and B portions of the PROJECT COST shall be met by contributions by State Build Michigan III Funds. State Build Michigan ill Funds shall be applied to the eligible items of the PART A and B portions of the PROJECT COST up to an amount not to exceed $8,800,000 and $3,050,000, the respective grant amounts. The balance, if any, of the PART A and B portions of the PROJECT COST, after deduction of State Bµild Michigan ill Funds, is the sole responsibility of the REQUESTJNG PARTY. Costs for PROJECT work performed by the REQUESTING PARTY that are eligible for payment under this contract will be based on the actual labor, material, and equipment supplied by the REQUESTJNG PARTY for the PROJECT and under the REQUESTJNG PARTY'S direct control. Costs for PROJECT work performed under subcontract with the REQUESTING PARTY that are eligible for payment under this contract will be based on the terms and conditions set forth in the formal written agreement between the REQUESTING PARTY and the subcontractor and approved by the DEPARTMENT as applicable. 1/2/02 BMIIIDIR.WPD 3/28/02 5 It is understood that payment of costs is subject to cost criteria set forth in Section 4C and any changes in the scope of work for the PROJECT will require approval by the DEPARTMENT. Upon receipt of the"Request for Payment Form" from the REQUESTING PARTY, the DEPARTMENT will authorize payment to the REQUESTING PARTY for one half of the eligible grant amounts upon execution of this contract and the.balance of the eligible grant amounts six (6) months after execution of this contract. 6. The REQUESTING PARTY shall begin the performance of the PROJECT work within six (6) months of the execution of this contract and proceed with the PROJECT work in accordance with a reasonable schedule as agreed upon by all parties to this contract. 7. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract. 8. The REQUESTING PARTY shall establish and maintain adequate records and accounts relative to the cost of the PROJECT. Said records shall be retained for a period of three (3) years after completion of construction of the PROJECT and shall be available for audit by the DEPARTMENT. In the event of a dispute with regard to allowable expenses or any other issue under this contract, the REQUESTING PARTY shall continue to maintain the records at least until that dispute has been finally decided and the time after all available challenges or appeals of that decision has expired. The DEPARTMENT, or its representative, may inspect, copy, or audit the records at any reasonable time after giving reasonable notice. The REQUESTING PARTY shall submit to the DEPARTMENT certified costs for preliminary engineering for the PART B portion of the PROJECT within three (3) months of completion and shall make a final reporting of construction costs and all items of PROJECT COST related thereto within six (6) months of completion of the PROJECT. In the event that an audit performed by or on behalf of the DEPARTMENT indicates an adjustment to the costs reported under this contract or questions the allowability of an item of expense, the DEPARTMENT shall promptly submit to the REQUESTING PARTY a Notice of Audit Results and a copy of the audit report which may supplement or modify any tentative findings verbally communicated to the REQUESTING PARTY at the completion of an audit. Within sixty (60) days after the date of the Notice of Audit Results, the REQUESTING PARTY shall: (a) respond in writing to the responsible Bureau or the DEPARTMENT indicating 1/2/02 BMIIIDIR.WPD 3/28/02 6 whether or not it concurs with the audit report, (b) clearly explain the nature and basis for any disagreement as to a disallowed item of expense, and (c) submit to the DEPARTMENT a written explanation as to any questioned or no opinion expressed item of expense, hereinafter referred to as the "RESPONSE". The RESPONSE shall be clearly stated and provide any supporting documentation necessary to resolve any disagreement or questioned or no opinion expressed item of expense. Where the documentation is voluminous, the REQUESTING PARTY may supply appropriate excerpts and make alternate arrangements to conveniently and reasonably make that documentation available for review by the DEPARTMENT. The RESPONSE shall refer to and apply the language of the contract. The REQUESTING PARTY agrees that failure to submit a RESPONSE within the sixty (60) day period constitutes agreement with any disallowance of an item of expense and authorizes the DEPARTMENT to finally disallow any items of questioned or no opinion expressed cost. The DEPARTMENT shall make its decision.with regard to any Notice of Audit Results and RESPONSE within one hundred twenty (120) days after the date of the Notice of Audit Results. If the DEPARTMENT determines that an overpayment has been made to the REQUESTING PARTY, the REQUESTING PARTY shall repay that amount to the DEPARTMENT orreach agreement with the DEPARTMENT on a repayment schedule within thirty (30) days after the date of an invoice from the DEPARTMENT. If the REQUESTING PARTY fails to repay the overpayment or reach agreement with the DEPARTMENT on a repayment schedule within the thirty (30) day period, the REQUESTING PARTY agrees that the DEPARTMENT shall deduct all or a portion of the overpayment from any funds then or thereafter payable by the DEPARTMENT to the REQUESTING PARTY under this contract or any other agreement, or payable to the REQUESTING PARTY under the terms of 1951 PA 51, as applicable. Interest will be assessed on any partial payments or repayment schedules based on the unpaid balance at the end of each month until the balance is paid in full. The rate of interest will be based on the Michigan Department of Treasury common cash funds interest earnings. The rate of interest will be reviewed annually by the DEPARTMENT and adjusted as necessary based on the Michigan Department of Treasury common cash funds interest earnings. The REQUESTING PARTY expressly consents to this withholding or offsetting of funds under those circumstances, reserving the right to file a lawsuit in the Court of Claims to contest the DEPARTMENT'S decision only as to any item of expense the disallowance of which was disputed by the REQUESTING PARTY in a timely filed RESPONSE. The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L. 998-502 and applicable State laws and regulations relative to audit reqi.µrements. 9. The DEPARTMENT is entering into this contract to enable the REQUESTING PARTY to obtain and use funds provided by the State. Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT pursuant to the terms ofthis contract are done to assist the REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. 1/2/02 BMIIIDIR.WPD 3/28/02 7 The providing of reconnnendations or advice by the DEPARTMENT does not relieve the REQUESTING PARTY of its exclusive jurisdiction of any ofits highways and responsibility under MCL 691.1402, MSA 3.996(102). When providing approvals, reviews and reconnnendations under this contract, the DEPARTMENT is performing a govermnental function, as that term is defined in MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT. 10. The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of any REQUESTING PARTY highway for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the purposes ofMCL 691.1402; MSA 3.996(102) rests with the REQUESTING PARTY. 11. In addition to any protection afforded by a policy of insurance, the REQUESTING PARTY agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation Connnission, the DEPARTMENT and all officers, agents, and employees thereof: A. From any and all claims by persons, firms, or corporations for labor, materials, supplies or services provided to the REQUESTING PARTY in connection with the contract which the REQUESTING PARTY shall perform under the terms of this contract; and B. From any and all claims for injuries to, or death of, any and all persons, for loss of or damage to property, environmental damage, degradation, response and cleanup costs, and attorney fees or other related costs, arising out of, under, or by reason of the Agreement, including the design of the PROJECT, except claims resulting from the sole negligence or wilful acts or omissions of said indemnitee, its agents or employees. The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of the REQUESTING PARTY or their subcontractors or any other person not a party to this contract without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof. It is expressly understood and agreed that the REQUESTING PARTY shall take no action or conduct which arises either directly or indirectly out of its obligations, responsibilities, and duties under this contract, which results in claims being asserted against or judgments being imposed against the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation Connnission. In the event that the same occurs, for the purpose of this contract, it will be considered as a breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation Commission aright to seek and obtain anynecessaryrelieforremedy, including but not by way of limitation, a judgment for money damages. 1/2/02 BMIIIDIR.WPD 3/28/02 8 12. In connection with the performance ofPROJECT work under this contract the parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with the State of Michigan provisions for "Prohibition of Discrimination in State Contracts," as set forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964 being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6, and will require similar covenants on the part of any contractor or subcontractor employed in the performance of this contract. 13. This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the adoption of the necessary resolution approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be attached to this contract; and with approval by the State Administrative Board. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF MUSKEGON MICHIGAN DEPARTMENT OF TRANSPORTATION By ;. Title: Gail Kundinger, "' [Ftf f " ~-· 1;,,;. •-' __ ,.,. .. :c,.--------·- ---- 1/2/02 BMIIIDIR.WPD 3/28/02 9 March 26, 2002 EXHIBIT! JOB NUMBER 56028;59527 CONTROL SECTION MBS 61153; MBS 61151 ESTIMATED COST PART A PARTB TOTAL Estimated PROJECT COST $8,800,000 $3,050,000 $11,850,000 ESTIMATED COST PARTICIPATION GRAND TOTAL ESTIMATED COST $8,800,000 $3,050,000 $11,850,000 Less State Build Michigan III Funds* $8,800,000 $3,050,000 $11,850,000 BALANCE (REQUESTING PARTY'S SHARE) $ -0- $ -0- $ -0- NO DEPOSIT *State Build Michigan III Funds for the PART A and B portions of the PROJECT are limited to $8,800,000 and $3,050,000, the respective grant amounts. PART A and B portions (funding amounts) can be modified with a future amendmentto this agreement, with the total of PART A and PART B not to exceed $11,850,000, as approved and processed by MDOT. 1/2/02 BMIIIDIR.WPD 6/25/02 10 APPENDIX A PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS In connection with the performance of work under this contract; the contractor agrees as follows: I. In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight. or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment 1 because of a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract. 2. The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section I of this Appendix. 3. The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or tr8nsfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selectiori for training, including apprenticeship. 4. The contractor will, in all solicitations or advertisements for employees placed by or on behalfof the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. 5. The contractor or his collective bargaining representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers' representative of the contractor's commitments under this appendix. 6. The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any individual state project. 7. The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission. 8. In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings. 9. The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller. March, 1998 EXIBITII Revised 07/29/02 ROADWAY JURISDICTIONAL TRANSFER CITY OF MUSKEGON AND MICHIGAN DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING (MOU) WHEREAS, The City of Muskegon (the City) and the Michigan Department of Transportation (MOOT), are jointly developing these roadway jurisdictional transfers; and WHEREAS, the City has jurisdiction over Shoreline Drive from Southern Avenue to Terrace Street; and WHEREAS, The City shall construct a new segment of Shoreline Drive (Shoreline Dr. Extension) from Terrace Street to Business US-31 (US-318R), as well as reconstruct and/or rehabilitate the existing segment between Southern Avenue and Terrace Street (see attached map); and WHEREAS, US-31 BR, from south of Ninth Street to north of Eastern Street, are a pair of one- way State Trunklines under the jurisdiction of MOOT; and WHEREAS, the City and MOOT will exchange jurisdiction of the aforemeQtionecjcstre('lts,upon1 completion and acceptance of construction, reconstruction, and/orrehabilitajion on Shoreline Drive, as described above, and per the conditions descri~ed in this fvlOU, and this transfer will be done under a separate agreement at that time .. · NOW, THEREfORE, the City and MDOTagree asfollows: ..•· I \ 1. -- ' . : . .- - . ' '· . - ' -. . ' . ', ,; - -, ' . -··- .. ·, .-. ,,.., . -·-, ,. ' 1, ',_ :, ; . -~- ; , 1. The. City shall acquire the necessary property at its expense, ahdcol)iplete environme(ltal mitigation as required by the Phase II Environmental Review and by federal and state regulations, and obtain MOOT approval of the required environmental clearance issues, prior to and during construction. If additional costs are incurred during project construction, for either the Shoreline Drive Extension or the existing Shoreline Drive roadway, due to hazardous contaminated material disposal and/or other environmental issues, the City is required to pay 100% of the additional excavation costs, beyond that which would normally be classified as normal non-hazardous and/or non-hazardous contaminated material excavation, as it relates to all disposal, handling and mitigation for the Shoreline Drive Extension, as described above and on the attached map. 2. The City shall arrange for completion of design plans, engineering, and construction including construction engineering (CE) of the Shoreline Drive Extension as described herein, upon MOOT review and approval of final design plans; the City shall advertise, let, and award the project; MOOT also shall approve construction staging, in coordination with other Muskegon area projects to minimize impacts on the users of the system. The City will be reimbursed for construction costs for the project through the transfer of state Build Michigan Ill funds to the City; specific terms and conditions of the fund transfer shall be addressed by separate agreement between the City and MOOT. The following items shall be the respective responsibilities of the City and MOOT: 11 a. MOOT shall provide Build Michigan Ill funds not to exceed $11,850,000 for the following predetermined, eligible items within the limits of the Shoreline Drive Extension project and the reconstruction and rehabilitation of the existng section between Terrace Street and existing US-31 BR (Southern Avenue): roadway construction, roadway reconstruction, roadway rehabilitation, PE for the portion of existing Shoreline Drive, CE, railroad relocation, standard traffic signals, street- lighting replacement, public utility pole relocation, relocation of existing public utility service (as per MOOT guidelines for utility relocations), with the following exceptions as listed in Items 2b, 2c, and 8 below; b. The City shall provide the following items, including required audits, related to the Shoreline Drive at its expense: street-lighting operations and maintenance, including utility billings; all sanitary force-main modifications and/or upgrades resulting from existing condition defects; non-motorized trail construction and all future maintenance; expansion and upgrades of existing utility service beyond existing facilities unless replaced as a direct conflict to the new construction (all cost associated with replacement of.existing utilities, due to age of the facility, will be shared evenly by MOOT and the City and all upgrades to replaced utilities will be at 100% city cost); and design engineering and environmental clearance per previous agreements, including mitigation and cleanup of any additional environmental issues discovered during the life of the construction project. MOOT shall have no responsibility for sanitary sewer force-main and its existing condition. The City shall be responsible for all needed sanitary sewer upgrades, and to assure its structural integrity for the Shoreline Drive Extension. C. Local road (such as Western Avenue) modifications, outside the agreed 011:limits! of direct tie-ins to the Shoreline Drive, shall be the responsibility ?f the City'. d. ·. The City shaH be responsible for the design of the reconstruction project (as .. approved by MOOT) on existing Shoreline Drive, from Fourth Street to Terrace Street. In addition, the City shall be responsible for the design of the rehabilitation project (as approved byMDOT) on existing Shoreline Drive, from existing US- 31 BR (north of Southern Avenue) to Fourth Street. The two segments mentioned in this section shall be done separately from the Shoreline Drive Extension construction project, but shall also be included in the Build Michigan Ill funding, with MOOT approval. This portion of the Build Michigan Ill funding will be part of the total funding limit mentioned in section "a" and any additional costs for these projects will be at 100% City of Muskegon costs - per agreement). 3. The City shall obtain MOOT approval of final design plans and environmental mitigation plans prior to contract letting for construction, reconstruction, and rehabilitation of the Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan Ill funds, per Item #2a above. 4. Upon the completion of the Shoreline Drive Extension as described herein, and upon completion of existing Shoreline Drive improvements as described in Item #2 above, and acceptance of these projects by MOOT, the City will transfer jurisdictional control of Shoreline Drive, from south of Ninth Street to north of Eastern Avenue (MP to be assigned), fo MOOT to be a State Trunkline, designated as a segment of the US-31 BR, under a separate agreement. 12 5. The City shall, as long as the contract is in place for such procedures, perform trunkline highway maintenance of Shoreline Drive, for which jurisdictional control will be transferred to MOOT under a separate agreement, and receive reimbursement from the State for such maintenance in accordance with the duration, terms, and conditions of its existing Municipal Trunkline Maintenance contract, and in accordance with any future Municipal Trunkline Maintenance Contract as renewed and agreed upon by the City and MOOT. 6. MOOT arranged for rehabilitation, at its expense, of US-31 BR from near Southern Avenue to north US-31 during 1999. MOOT also made repairs on southbound US-31 BR at Spring Street and on northbound US-31 BR between Eighth and Ninth Streets; this project was completed and accepted by MOOT in 1999, per contract 61153 / 45782. 7. Upon completion of the Shoreline Drive Extension and reconstruction/rehabilitation of existing Shoreline Drive as described herein, MOOT will transfer jurisdiction of US-31 BR, which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south of Ninth Street to north of Eastern Avenue (NB: South Spring Point of Ninth Street North = = to North Spring Point of Eastern Street - CS 61151 BMP 5.796 EMP 6.066 and CS 61153 BMP = 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to approximately 500 feet South of Eastern Street CS 61151 BMP = 5.796 EMP 6.066 and CS 61153 BMP = 0.000 EMP 0.860), to the City, under a separate agreement. Upon completion of the transfer, the City shall have complete responsibility and authority over the referenced streets, including maintenance responsibility for these streets. MOOT will ..have no further maintenance responsibilities or obligations for these referenced streets. · Upon lransfer, the streets will become a part of the City's Street Plan and eligible for maintenance cost reimbursement under Act 51. A separate agreementto tran§fer jurisdiction will be initiated between the City and MOOT. a. After the transfer of jurisdiction is completed, ROW transfer will take place and will be done as an easement for highway purposes. This process will be initiated by MOOT and the City of Muskegon at a later date. b. MOO Twill not own Jee ROW for existing Shoreline Drive or the Shoreline, Drive Extension, but shall be in easement form for the above mentioned segments.· As such, the City, not MOOT will be liable and responsible for all environmental and other issues related to all Shoreline Drive ROW. In the event MOOT is the fee owner of Muskegon and Webster, it shall convey ownership to the City. The respective environmental liabilities shall be governed by the laws of the State. c. Liability and responsibility for the condition of the highway and streets under MCLA 691.1402 and the Liability Exemption Section of Part 201, ACT 451 (Section 20126) shall follow the transfers of jurisdiction, regardless of fee ownership. No liability under the highway execption to governmental immunity evidenced by that statute or any successor or amendment thereof shall remain with either party after jurisdiction has been transferred. 8. Existing traffic and parking controls, including speed limits, parking regulations, truck restrictions, traffic signs and signals, and pavement markings (on the street segments defined, for which jurisdictional control will be transferred to MOOT), will be retained by MOOT. after the jurisdictional transfer occurs under a separate agreement, so long as traffic operations are not negatively affected. Any future changes to the existing traffic controls, or placement of new controls or devices, and maintenance on these transferred streets within the City, will be done in consultation with the City, per existing MOOT procedures, policies, and agreements for trunkline routes within the City. 13 a. MOOT will participate in the cost of traffic signals which meet MDOT's current standards and as provided in the current signal maintenance agreements. Additional costs to provide decorative traffic signals shall be 100% paid by the City of Muskegon. The City of Muskegon will also be responsible for providing all replacement parts required for any and all decorative traffic signals, within this Shoreline Drive corridor. b. MOOT will not participate in the cost of placing new business informational or advertising signs as part of the Shoreline Drive Extension or existing roadway projects as described herein. If any existing signs are required to be moved, they will be moved by the City and shall be paid for by the City. 9. In accordance with MDOT's guidelines for public participation in planning such projects, MOOT and the City will jointly provide opportunities for public input and involvement before implementing any future major improvement projects on the street segments described herein, for which jurisdictional control will be transferred to MOOT. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed on this _ _ day of _ _ _~ 2002. WITNESSES:. I CITY OF MUSKEGON: ! WITNESSES: STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION: By: Its: 14 RESOLUTION 2002-72(f) RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE CONSTRTUCTION OF SHORELINE DRIVE EAST FROM US-31BR TO THE EXISTING SHORELINE DRIVE, FOR THE MILLING & RESURFACING OF SHORELINE DRIVE FROM US31-BR NORTHERLY TO FOURTH STREET AND THE RECONSTRUCTION OF SHORELINE DRIVE FROM FOURTH TO TERRACE TOGETHER WITH NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT Moved by Commissioner Larson and supported by Commissioner_~B=u=ie~_ _ _ _ _ _ _ _that the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into Contract no.2002-0672 between the Michigan Department of Transportation and the City of Muskegon for the purpose of exchanging jurisdictions of certain streets to accommodate new US-31 BR. within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 2002-0672 be and the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 1 1t b day of ,June , 2002. BY ATIEST £1,.J_Q IL.i,-:y~) Gail A. Kundinger, City Clerk CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on June 11 , 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. MDOT NO. 2002-0672 AGENDA:DAB MICHIGAN DEPARTMENT OF TRANSPORTATION CITY OF MUSKEGON AGREEMENT WHEREAS, The City of Muskegon (the City) and the Michigan Department of Transportation (MOOT), are jointly developing these roadway jurisdictional transfers; and WHEREAS, the City has jurisdiction over Shoreline Drive from Southern Avenue to Terrace Street; and WHEREAS, The City shall construct a new segment of Shoreline Drive (Shoreline Dr. Extension) from Terrace Street to Business US-31 (US-31BR), as well as reconstruct and/or rehabilitate the existing segment between Southern Avenue and Terrace Street (see attached map); and WHEREAS, US-31 BR, from south of Ninth Street to north of Eastern Street, are a pair of one- way State Trunklines under the jurisdiction of MOOT; and WHEREAS, the City and MOOT will exchange jurisdiction of the aforementioned streets upon· completion and acceptance of construction, reconstruction, and/or rehabilitation of Shoreline Drive, as described above, and per the conditions described in this Agreement, and this transfer will be done under a separate agreement at that time. NOW, THEREFORE, the City and MOOT agree as follows: 1. The City shall acquire the necessary property at its expense, and complete environmental mitigation as required by the Phase II Environmental Review and by federal and state regulations, and obtain MOOT approval of the required environmental clearance issues, prior to and during construction. If additional costs are incurred during project construction, for either the Shoreline Drive Extension or the existing Shoreline Drive roadway, due to hazardous contaminated material disposal and/or other environmental issues, the City is required to pay 100% of the additional excavation costs, beyond that which would normally be classified as normal non-hazardous and/or non-hazardous contaminated material excavation, as it relates to all disposal, handling and mitigation for the Shoreline Drive Extension, as described above and on the attached map. 2. The City shall arrange for completion of design plans, engineering, and construction including construction engineering (CE) of the Shoreline Drive Extension as described herein, upon MOOT review and approval of final design plans; the City shall advertise, let, and award the project to the lowest bidder; MOOT also shall approve construction staging, in coordination with other Muskegon area projects to minimize impacts on the users of the system. The City will be reimbursed for construction costs for the project ihrough the transfer of state Build Michigan Ill funds to the City; specific terms and conditions of the fund transfer shall be addressed by separate agreement between the City and MOOT. The following items shall be the respective responsibilities of the City and MOOT: a. MOOT shall provide Build Michigan Ill furids not to exceed $11,850,000 for the following predetermined, eligible items within the limits of the Shoreline Drive Extension project and the reconstruction and rehabilitation of the existng section between Terrace Street and existing US-31 BR (Southern Avenue): roadway construction, roadway reconstruction, roadway rehabilitation, PE for the portion of existing Shoreline Drive, CE, railroad relocation, standard traffic signals, street- lighting replacement, public utility pole relocation, relocation of existing public utility service (as per MOOT guidelines for utility relocations), with the following exceptions as listed in Items 2b, 2c, and 8 below; b. The City shall provide the following items, including required audits, related to the Shoreline Drive at its expense: street-lighting operations and maintenance, including utility billings; all sanitary· force-main modifications and/or upgrades resulting from existing condition defects; non-motorized trail construction and all future maintenance; expansion and upgrades of existing utility service beyond existing facilities unless replaced as a direct conflict to the new construction (all cost associated with replacement of existing utilities, due to age of the facility, will be shared evenly by MOOT and the City and all upgrades to replaced utilities will be at 100% city cost); and design engineering and environmental clearance per previous agreements, including mitigation and cleanup of any additional environmental issues discovered during the life of the construction project. MOOT shall have no responsibilityforsanitarysewerforce-main and its existing condition. The City shall be responsible for all needed sanitary sewer upgrades, and to assure its structural integrity for the Shoreline Drive Extension. c. Local road (such as Western Avenue) modifications, outside the agreed on limits of direct tie-ins to the Shoreline Drive, shall be the responsibility of the City. d. The City shall be responsible for the design of the reconstruction project (as approved by MOOT) on existing Shoreline Drive, from Fourth Street to Terrace Street. In addition, the City shall be responsible for the design of the rehabilitation project (as approved by MOOT) on existing Shoreline Drive, from existing US- 31 BR (north of Southern Avenue) to Fourth Street. The two segments mentioned in this section shall be done separately from the Shoreline Drive Extension construction project, but shall also be included in the Build Michigan Ill funding, with MOOT approval. This portion of the Build Michigan Ill funding will be part of the total funding limit mentioned in section "a" and any additional costs for these projects will be at 100% City of Muskegon costs - per agreement). 3. The City shall obtain MOOT approval of final design plans and environmental mitigation plans prior to contract letting for construction, reconstruction, and rehabilitation of the Shoreline Drive project. The City will arrange for advertising, letting, CE, construction of the Shoreline Drive, designing, rehabilitation, and reconstruction of the existing Shoreline Drive from Terrace Street to Southern Avenue, and will be reimbursed with Build Michigan Ill funds, per Item #2a above. It is further agreed that the City shall either perform the above noted work or award the same to the lowest bidder. 4. Upon the completion of the Shoreline Drive Extension as described herein, and upon completion of existing Shoreline Drive improvements as described in Item #2 above, and acceptance of these projects by MOOT, the City will transfer jurisdictional control of Shoreline Drive, from south of Ninth Street to north of Eastern Avenue (MP to be assigned), to MOOT to be a State Trunkline, designated as a segment of the US-31 BR, under a separate agreement. 5. The City shall, as long as the contract is in place for such procedures, perform trunkline highway maintenance of Shoreline Drive, for which jurisdictional control will be transferred to MOOT under a separate agreement, and receive reimbursement from the State for such maintenance in accordance with the duration, terms, and conditions of its existing Municipal Trunkline Maintenance contract, and in accordance with any future Municipal Trunkline Maintenance Contract as renewed and agreed upon by the City and MOOT. 6. MOOT arranged for rehabilitation, at its expense, of US-31 BR from near Southern Avenue to north US-31 during 1999. MOOT also made repairs on southbound US- 31 BR at Spring Street and on northbound US-31 BR between Eighth and Ninth Streets; this project was completed and accepted by MOOT in 1999, per contract 61153 / 45782. 7. Upon completion of the Shoreline Drive Extension and reconstruction/rehabilitation of existing Shoreline Drive as described herein, MOOT will transfer jurisdiction of US-31 BR, which includes the one-way pair of Webster Avenue and Muskegon Avenue, from south of Ninth Street to north of Eastern Avenue (NB: South Spring Point of Ninth Street North to North Spring Point of Eastern Street - CS 61151 BMP = 5.796 EMP = 6.066 and CS 61153 BMP = 0.000 EMP 1.000; and SB: South Spring Point of Ninth Street North to approximately 500 feet South of Eastern Street CS 61151 BMP = 5.796 EMP 6.066 and CS 61153 BMP = 0.000 EMP 0.860), to the City, under a separate agreement. Upon completion of the transfer, the City shall have complete responsibility and authority over the referenced streets, including maintenance responsibility for these streets. MOOT will have no further maintenance responsibilities or obligations for these referenced streets. Upon transfer, the streets will become a part of the City's Street Plan and eligible for maintenance cost reimbursement under Act 51. A separate agreement to transfer jurisdiction will be initiated between the City and MOOT. a. After the transfer of jurisdiction is completed, Right-of-Way (ROW) transfer will take place and will be done as an easement for highway purposes. This process will be initiated by MOOT and the City of Muskegon at a later date. b. MOOT will not own fee ROW for existing Shoreline Drive or the Shoreline Drive Extension, but shall be in easement form for the above mentioned segments. As such, the City, not MOOT will be liable and responsible for all environmental and other issues related to all Shoreline Drive ROW. In the event MOOT is the fee owner of Muskegon and Webster, it shall convey ownership to the City. The respective environmental liabilities shall be governed by the laws of the State. c. Liability and responsibility for the condition of the highway and streets under MCLA -691.1402 and the Liability Exemption Section of Part 201, ACT 451 (Section 20126) shall follow the transfers of jurisdiction, regardless of fee ownership. No liability under the highway execption to governmental immunity evidenced by that statute or any successor or amendment thereof shall remain with either party after jurisdiction has been transferred. 8. Existing traffic and parking controls, including speed limits, parking regulations, truck restrictions, traffic signs and signals, and pavement markings (on the street segments defined, for which jurisdictional control will be transferred to MOOT), will be retained by MOOT after the jurisdictional transfer occurs under a separate agreement, so long as traffic operations are not negatively affected. Any future changes to the existing traffic controls, or placement of new controls or devices, and maintenance on these transferred streets within the City, will be done in consultation with the City, per existing MOOT procedures, policies, and agreements for trunkline routes within the City. a. MOOT will participate in the cost of traffic signals which meet MDOT's current standards and as provided in the current signal maintenance agreements. Additional costs to provide decorative traffic signals shall be 100% paid by the City of Muskegon. The City of Muskegon will also be responsible for providing all replacement parts required for any and all decorative traffic signals, within this Shoreline Drive corridor. b. MOOT will not participate in the cost of placing new business informational or advertising signs as part of the Shoreline Drive Extension or existing roadway projects as described herein. If any existing signs are required to be moved, they will be moved by the City and shall be paid for by the City. 9. In accordance with MDOT's guidelines for public participation in planning such projects, MOOT and the City will jointly provide opportunities for public input and involvement before implementing any future major improvement projects on the street segments described herein, for which jurisdictional control will be transferred to MOOT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on this _ _ day of _ _ _ , 2002. WITNESSES: ,, r;e{~C!c/lo. /4,-:f'/2,✓, WITNESSES: STATE OF MICHIGAN DEPARTMENT OF TRANSPORTATION: :~;c• •- By: t; '-~: , "i/t-'1/•'- it;;; -1 -~ ,· / "' ,,,.-,_,,,,,.-[> ., . ,-~ L~~;l~~;t~ - RESOLUTION 2002- 72(f) RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BE1WEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE CONSTRTUCTION OF SHORELINE DRIVE EAST FROM US-31 BR TO THE EXISTING SHORELINE DRIVE, FOR THE MILLING & RESURFACING OF SHORELINE DRIVE FROM US31-BR NORTHERLY TO FOURTH STREET AND THE RECONSTRUCTION OF SHORELINE DRIVE FROM FOURTH TO TERRACE TOGETHER WITH NECESSARY RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT Moved by Commissioner Larson and supported by Commissioner_~B~u~ie_ _ _ _ _ _ _ _ _that the following Resolution be adopted: WHEREAS, entry by the City of Muskegon into Contract no.2002-0672 between the Michigan Department of Transportation and the City of Muskegon for the purpose of exchanging jurisdictions of certain streets to accommodate new US-31 BR. within the City is in the best interests of the City of Muskegon. RESOLVED, that entry by the City into Contract Agreement Number 2002-0672 be and the same is hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for and on behalf of the City of Muskegon. Adopted this 11th day of ,Jqne , 2002. ATTEST ~LO., iv,cL,r,o ,.,0 Gail A Kundinger, City Clerk O CERTIFICATION This resolution was adopted at a meeting of the City Commission, held on June 11 , 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 d Uu J , - Q,.__ "K! J / . .w,.cLv'Cjc2.,,0 · Gail A. Kundinger, Clerk .. ( . AGENDA ITEM NO. _ _ _ __ CITY COMMISSION MEETING 6/11/02 TO: Honorable Mayor and City Commissioners FROM: Bryon L. Mazade, City Manager DATE: June 11, 2002 RE: Traffic Signal Support Pole Painting SUMMARY OF REQUEST: To approve the painting of 32 traffic signal support poles in the downtown area utilizing Consumers Energy's contract with Pennington Bros. (Twin Lake, Ml). These poles are in need of painting and doing so will accomplish another component of the Blight Fight effort. FINANCIAL IMPACT: 32 poles@ $354.00 each $11,328.00 40 brackets @ $40.00 each - 1,600.00 TOTAL: $12,928.00 BUDGET ACTION REQUIRED: None. STAFF RECOMMENDATION: To approve the request. COMMITTEE RECOMMENDATION: None. JMS • O: (TRAFFIC SIGNAL POLE PAINTING) EMPLOYMENT AGREEMENT 2002-72(h) CITY OF MUSKEGON - BRYON L. MAZADE Effective July 1, 2002 This employment agreement is made and entered into by and between the CITY OF MUSKEGON ("CITY") and BRYON L. MAZADE ("MANAGER"). Recitals A The CITY desires to employ the services of MANAGER as the City Manager of the City of Muskegon as provided in the Charter of the City of Muskegon and desires to establish conditions of employment, provide certain benefits and set working conditions for said MANAGER. B. MANAGER desires to maintain the employment as City Manager of the City of Muskegon in accordance with the terms and provisions of the Agreement. C. This Agreement supersedes all prior agreements. Agreement NOW THEREFORE, THE CITY AND MANAGER AGREE AS FOLLOWS: 1. EMPLOYMENT. CITY employs MANAGER as City Manager to perform the functions and duties specified in the City Charter and ordinances and to perform such other legally permissible and proper duties and functions as the City Commission may, from time to time, assign, and MANAGER accepts such employment. MANAGER agrees to remain in the employ of the CITY until termination is effected as hereinafter provided. MANAGER agrees to devote full time to his duties as City Manager. MANAGER may undertake other incidental employment, subject to the right of the City to require Manager to terminate other incidental employment. C:\DOCUME-1\KUNDIN-1\LOCALS-1\Temp\AA5067.DOC I 2. SALARY. Effective July 1, 2002, CITY agrees to pay MANAGER as compensation for services rendered an annual salary of$105,256 per year. MANAGER shall be entitled to cost ofliving adjustments approved by the City Commission for department heads on the first of each year. 3. PENSION. It is understood by MANAGER that he will remain a member of the City's General Employees Retirement System and remain eligible for all benefits thereunder. 4. FRINGE BENEFITS. In addition to the base salary and deferred compensation established for MANAGER, CITY shall afford MANAGER the following: (a) Sick Leave. The existing sick leave bank shall be continued, and shall continue to accrue at one (1) day per month, up to a maximum of 120 days. (b) Disability Insurance. During employment, a disability insurance policy providing benefits for lost compensation until age sixty-five (65). (c) Holidays. Eleven (11) holidays per annum. (d) Vacation. Effective January 1, 2002; for each calendar year MANAGER shall be entitled to five weeks vacation. Vacation time may be accumulated and carried over to subsequent years, except that vacation time in excess of four weeks shall not be carried over and shall be lost. (e) Life Insurance. A term life insurance policy during employment in the amount provided for exempt employees ..· (f) Automobile Allowance.. Effective July 1, 2002, an annual automobile allowance of $6,000 for mileage shall be provided and payable in the 26 pay periods. In addition, there shall be reimbursement for mileage at the standard City rate for a round trip of 100 miles or more on behalf of the CITY. C:\DOCUME-1\KUNDIN~1\LOCALS~1\Temp\AA5067.DOC 2 (g) Hospitalization Insurance. Coverage under the CITY'S hospitalization and dental plan for MANAGER, MANAGER'S wife and children. MANAGER and MANAGER'S dependents will, however, be subject to plan amendments adopted from time to time by the City Commission. (h) Membership Dues and Expenses. Payment of annual ICMA membership dues and payment of expenses to attend ICMA conferences within the State of Michigan. Payment of the expenses to attend the annual ICMA conference. All other out of state conferences must receive prior consent of City Cominission. (i) Civic Organizations. CITY will pay or reimburse MANAGER for membership dues and fees in one civic organizations, i.e. Rotary, Lions Club, etc., subject to the City's ability to review and eliminate this benefit. G) Miscellaneous. In addition to the fringe benefits set forth above, and to the extent that this subparagraph does not duplicate or conflict with the above fringe benefits, (which shall prevail), the MANAGER shall have the same fringe benefits as are available to the highest level department heads employed by the CITY from time to time. 5. TERM. It is understood by both CITY and MANAGER that employment may be terminated at the will of either party. 6. SEVERANCE PAY UPON TERMINATION BY CITY. If CITY terminates MANAGER'S employment, of if termination occurs pursuant to section 8 (except the last paragraph thereof), MANAGER shall receive severance pay in an amount equal to six (6) months' salary, 50% of any unused sick leave pay and payment for unused vacation time earned in that calendar year to the date of termination. C:\DOCUME~1\KUNDIN~1\LOCALS-1\Temp\AA5067.DOC ' .) 7. TERMINATION OF EMPLOYMENT BY MANAGER. MANAGER may terminate employment at any time after providing the CITY with a thirty (30) day notice. 8. SEVERANCE PAY UPON TERMINATION BY MANAGER. In the event the CITY refuses, following written notice, to comply with any material provisions of this agreement which financially benefit MANAGER, or MANAGER resigns following the simultaneous suggestion, whether formal or informal, by a majority of the members of the City Commission that he resign, then, in that event, the MANAGER may at his option be deemed to be terminated at the date of such failure to comply or simultaneous suggestion. In such case, the MANAGER shall be deemed to have been terminated by the CITY and entitled to the severance benefits set forth above. In the event the MANAGER terminates his employment for reasons other than those stated in this paragraph, he shall receive one-half (1/2) of his unused sick leave bank and all earned vacation pay for that calendar year, but no other severance pay or benefit, except as required by law. 9. MERGER OF NEGOTIATIONS. This agreement constitutes the entire contract of employment between CITY and MANAGER. No statement, promise, agreement, or obligation that conflicts with the terms of this agreement shall modify, enlarge, or invalidate this agreement or any provisions hereof C:\DOCUME~1\KUNDIN~1\LOCALS~1\Temp\AA5067.DOC 4 IN WITNESS WHEREOF, the CITY and MANAGER have executed this agreement this /U day of .Ju /7 e , 2002. WITNESS SES: C:IDOCUME~1\KUNDIN~1\LOCALS~1\Temp\AA5067.DOC 5
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